[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Notices]
[Page 69376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30895]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35328]


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

    Pursuant to a written supplemental trackage rights agreement dated 
December 1, 2009 (Second Supplemental Agreement), CSX Transportation, 
Inc. (CSXT), has agreed to broaden the existing non-exclusive, limited 
overhead trackage rights granted to The Indiana Rail Road Company 
(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 at Oaktown, IN (Oaktown 
Mine), at approximately CSXT milepost OZA 219.05, a distance of 
approximately 14.5 miles (Line).\1\ According to INRD, the purpose of 
the transaction is to broaden the use INRD can make of its existing 
trackage rights over the Line, permitting INRD to use the trackage 
rights to move loaded coal trains and empty hopper trains between: (1) 
The Oaktown Mine and Duke Energy's Wabash River generating station near 
Terre Haute, IN, and Hoosier Energy's Merom generating station at 
Merom, IN; and (2) the Sunrise Mine at Carlisle, IN, and the Wabash 
River generating station and Indianapolis Power & Light's generating 
station at Petersburg, IN. INRD states that the broadened trackage 
rights will contribute to the economy and efficiency of operations by 
permitting INRD to serve the Merom and Wabash River generating stations 
from the mines in single-line service, and to serve the Petersburg 
generating station in interline service.\2\
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    \1\ INRD states that Second Supplemental Agreement modifies the 
original trackage rights previously granted to INRD in The Indiana 
Rail Road Company--Amended Trackage Rights Exemption--CSX 
Transportation, Inc., STB Finance Docket No. 35137 (STB served May 
22, 2008), which pertains to CSXT's grant of non-exclusive, limited 
local trackage rights to INRD between milepost OZA 204.5 and OZA 
214.5, and first supplemented in The Indiana Rail Road Company--
Trackage Rights Exemption--CSX Transportation, Inc., STB Finance 
Docket No. 35287 (STB served Sep. 2, 2009), which pertains to CSXT's 
grant of non-exclusive, limited overhead trackage rights to INRD 
between milepost OZA 204.5 and OZA 219.05.
    \2\ INRD will interchange with the Indiana Southern Railroad 
Company (ISRR) at Beehunter, IN, and ISRR will deliver the coal to 
Petersburg.
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    The transaction is scheduled to be consummated on or after January 
15, 2010, the effective date of the exemption (30 days after the 
exemption was filed).
    As a condition to this exemption, any employees affected by the 
acquisition of 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 it 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 transaction. Stay petitions must be filed by January 8, 2010 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35328, 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: December 23, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-30895 Filed 12-30-09; 8:45 am]
BILLING CODE 4915-01-P