[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72869-72870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29740]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35445]


Louisville & Indiana Railroad Company--Trackage Rights 
Exemption--CSX Transportation, Inc.

    Pursuant to a written trackage rights agreement dated October 8, 
2010, CSX Transportation, Inc. (CSXT) has agreed to grant nonexclusive 
overhead trackage rights to Louisville & Indiana Railroad Company (L&I) 
over CSXT's lines of railroad as follows: (1) on CSXT's Louisville 
Secondary, extending between the point of connection with CSXT's 
trackage and L&I's trackage at CSXT milepost QSL 4.0 and between the 
point of connection with CSXT's Louisville Secondary with CSXT's 
Indianapolis Terminal Subdivision at

[[Page 72870]]

CP IU via Meridian Wye at milepost QSL 0.0, a distance of 4.0 miles, 
then via either: (a) CSXT's Indianapolis Terminal Subdivision extending 
between milepost QI 283.9 at CP IU and milepost QS 12.5 at CP AN at the 
west end of Avon Yard, a distance of approximately 12.5 miles; or 
(b)(i) CSXT's Indianapolis Terminal Subdivision extending between 
milepost QI 283.9 at CP IU and milepost QS 0.9 at CP IJ, (ii) the 
Crawfordsville Branch extending between milepost QSC 0.7 at CP IJ and 
milepost QSC 8.6 at CP South Hunt and, (iii) CXST's Indianapolis 
Terminal Subdivision extending between milepost QS 7.8 at South Hunt 
and milepost QS 12.5 at CP AN at the west end of Avon Yard, a distance 
of approximately 13.5 miles; and (2) CSXT's Louisville Secondary 
extending between milepost QSL 4.0 and the point of connection with the 
Indianapolis Belt Subdivision via Dale southeast wye or Dale northeast 
wye at milepost QSL 1.7, a distance of 2.3 miles, then via either 
CSXT's: (a)(i) Indianapolis Belt Subdivision extending between milepost 
QIB 5.9 at Dale and milepost QIB 3.2 at CP Woods; (ii) Crawfordsville 
Branch extending between milepost QSC 1.6 at CP Woods and milepost QSC 
8.6 at South Hunt; and (iii) Indianapolis Terminal Subdivision 
extending between milepost QS 7.8 at South Hunt and milepost QS 12.5 at 
CP AN at the west end of Avon Yard, a distance of approximately 14.6 
miles; or (b)(i) Indianapolis Belt Subdivision extending between 
milepost QIB 5.9 at Dale and milepost QIB 2.9 at CP 1; and (ii) 
Indianapolis Terminal Subdivision extending between milepost QS 1.6 at 
CP 1 and milepost QS 12.5 at CP AN at the west end of Avon Yard, a 
distance of approximately 13.9 miles.\1\ The trackage rights include 
Avon Yard trackage as designated by the CSXT Avon Yardmaster at the 
time of each movement.
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    \1\ A redacted, executed trackage rights agreement between CSXT 
and L&I was filed with the notice of exemption. The unredacted 
version, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently 
filed under seal along with a motion for protective order. The 
motion is being addressed in a separate decision.
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    The transaction is expected to be consummated on or after December 
12, 2010, 30 days after the exemption was filed. The purpose of the 
trackage rights agreement is to facilitate L&I' s movement of certain 
traffic for the account of the Indiana Rail Road Company in an 
efficient and safe manner.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease and 
Operate--California Western Railroad, 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 December 3, 2010 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35445, 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 Troy W. Garris, Weiner Brodsky Sidman Kider 
PC, 2904 Corporate Cir., Flower Mound, TX 75028.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 19, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-29740 Filed 11-24-10; 8:45 am]
BILLING CODE 4915-01-P