[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Notices]
[Page 45671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21048]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35283]


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

    Pursuant to a written trackage rights agreement (Agreement),\1\ CSX 
Transportation, Inc. (CSXT), has agreed to grant non-exclusive overhead 
trackage rights to The Indiana Rail Road Company (INRD) over CSXT's: 
(1) Indianapolis Belt Subdivision between the connection of INRD with 
CSXT at CSXT MP QIB 5.3 and the Hoosier Heritage Railroad in the 
vicinity of CSXT MP QIB 13.5, a distance of approximately 8.2 miles; 
(2) Hamilton Connection between CSXT MP QIB 9.0, approximately, and the 
point of INRD's State Street Yard leased property in the vicinity of 
CSXT's Indianapolis Subdivision MP BD 122.0, a distance of 
approximately 0.5 miles; (3) Hamilton and Prospect Wye Tracks in the 
vicinity of CSXT MP QIB 9.0 for the purpose of entry into and exit from 
CSXT's Hawthorne Yard; (4) Indianapolis Subdivision between Hamilton 
Connection at CSXT MP BD 122.0 approximately, and CP IU at CSXT MP BD 
126.5, a distance of approximately 4.5 miles; (5) Indianapolis Terminal 
Subdivision between CP IU at CSXT MP QI 283.7 and CP AN at the west end 
of CSXT's Avon Yard at CSXT MP QS 12.5, a distance of approximately 
12.7 miles; (6) Louisville Secondary Subdivision between CSXT MP QSL 
4.0 at the connection with Louisville & Indiana Railroad Co. (LIRC) and 
CSXT MP QSL 0.0, a distance of 4 miles, including use of wye tracks in 
the northeast and southeast quadrants at CP Dale, and wye tracks in the 
southeast and southwest quadrants at CP IU; (7) Crawfordsville Branch 
between CP IJ at CSXT MP QSC 0.7 and the connection to the Indianapolis 
Terminal Subdivision at CP South Hunt at CSXT MP QSC 8.6, a distance of 
approximately 7.9 miles; and (8) Shelbyville Secondary Subdivision 
between the connection with the Indianapolis Belt Subdivision at CSXT 
MP QSS 106.9 and CP IU at CSXT MP QSS 109.3, a distance of 
approximately 2.4 miles.
---------------------------------------------------------------------------

    \1\ As required by 49 CFR 1180.6(a)(7)(ii), INRD states that it 
will submit a copy of the executed agreement within 10 days of the 
date the agreement is executed.
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on September 18, 
2009, or the effective date of the exemption (30 days after the 
amendment to the notice of exemption was filed), whichever is later. 
The purpose of the trackage rights agreement is (i) to grant INRD 
trackage rights which will permit INRD to deliver and retrieve carload 
haulage traffic to and from LIRC at CSXT's Avon Yard,\2\ (ii) to grant 
INRD trackage rights which will permit it to deliver and retrieve unit 
train haulage traffic directly to and from LIRC, (iii) to confirm 
INRD's rights to serve customers in State Street Yard where it operates 
a plastics transloading facility on track leased from CSXT, and (iv) to 
revise the commercial terms of an existing trackage rights 
agreement.\3\ According to INRD, the trackage rights granted in the 
Agreement will permit several routings for INRD's traffic moving to and 
from Avon Yard for delivery or retrieval of haulage traffic with LIRC, 
providing CSXT's dispatchers with the greatest flexibility in routing 
INRD traffic to and from Avon Yard through the congested Indianapolis 
Terminal area.
---------------------------------------------------------------------------

    \2\ INRD notes that it already interchanges traffic with CSXT at 
Avon Yard pursuant to an interchange agreement between the parties.
    \3\ See The Indiana Rail Road Company--Trackage Rights 
Exemption--Consolidated Rail Corporation, STB Finance Docket No. 
33380 (STB served Apr. 30, 1997).
---------------------------------------------------------------------------

    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 at least 7 days before the exemption becomes effective.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 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 Docket No. 35283, 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 27, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-21048 Filed 9-2-09; 8:45 am]
BILLING CODE 4915-01-P