[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Notices]
[Pages 45521-45522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21077]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35287]


The Indiana Rail Road Company--Trackage Rights Exemption--CSX 
Transportation, Inc.

    Pursuant to a written trackage rights agreement entered into 
between CSX Transportation, Inc. (CSXT), and The Indiana Rail Road 
Company (INRD), CSXT has agreed to grant non-exclusive, limited 
overhead trackage rights to INRD over CSXT's line of railroad between 
the connection of CSXT and INRD trackage at Sullivan, IN, at 
approximately CSXT milepost OZA 204.5, and the connection between 
CSXT's line and tracks leading to the Oaktown Fuels Mine No. 1, LLC 
loading facility (Oaktown facility) at Oaktown, IN, at approximately 
CSXT milepost OZA 219.05, a distance of approximately 14.5 miles 
(Line).\1\ According to INRD, the trackage rights will be used to 
permit INRD to move loaded coal trains and empty hopper trains: (1) 
between the Oaktown facility, located on the Line at approximately 
milepost OZA 219.05, and INRD's interchange with Indiana Southern 
Railroad Company (ISRR) at Beehunter, IN, to the Vectren power plant at 
Culley, IN, and to the Indianapolis Power & Light's (IP&L) power plant 
at Petersburg, IN, and (2) between the Oaktown facility and IP&L's 
Harding Street power plant in Indianapolis, IN, located on INRD's line.
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    \1\ A portion of the subject line is also at issue in STB 
Finance Docket No. 35137, The Indiana Rail Road Company--Trackage 
Rights Exemption--CSX Transportation, Inc., which pertains to CSXT's 
grant of non-exclusive, limited local trackage rights to INRD 
between mileposts OZA 204.5 and OZA 214.5. A revocation proceeding 
is pending.
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    The transaction is schedule to be consummated on September 17, 
2009.
    The purpose of the trackage rights is to permit INRD to move loaded 
coal trains and empty hopper trains in single-line service between the 
Oaktown facility and INRD's interchange with ISRR at Beehunter for 
onward movement to the power plants at Culley and Petersburg, and also 
between the Oaktown facility and the power plant in Indianapolis, thus 
enhancing operational efficiency.\2\
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    \2\ The trackage rights at issue here were set forth as a 
supplemental agreement to a May 15, 2008 agreement between INRD and 
CSXT. See Exhibit 2 of INRD's verified notice of exemption.
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    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the notice 
contains false or misleading information, the exemption is void ab 
initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may 
be filed at any time. The filing of a petition to revoke will not 
automatically stay the effectiveness of the exemption. Stay petitions 
must be filed by September 9, 2009 (at least 7 days before the 
exemption becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance

[[Page 45522]]

Docket No. 35287, must be filed with the Surface Transportation Board, 
395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of 
each pleading must be served on John Broadley, John H. Broadley & 
Associates, P.C., 1054 31st Street, NW., Suite 200, Washington, DC 
20007.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 26, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.

Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-21077 Filed 9-1-09; 8:45 am]
BILLING CODE 4915-01-P