[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Notices]
[Page 17122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7053]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35602]


Indiana Southern Railroad, LLC--Temporary Trackage Rights 
Exemption--Norfolk Southern Railway Company

    Norfolk Southern Railway Company (NSR), pursuant to a written 
trackage rights agreement (Agreement), has agreed to grant overhead 
temporary trackage rights to Indiana Southern Railroad, LLC (ISRR) over 
NSR's line of railroad between Oakland City Junction, Ind. (milepost 
0.8 EJ) and Enosville, Ind. (milepost 4.8 EJ), a distance of 
approximately 4 miles.\1\
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    \1\ A redacted version of the Agreement between NSR and ISRR was 
filed with the notice of exemption. ISRR simultaneously filed a 
motion for protective order for approval to file under seal the 
unredacted version of the Agreement. That motion will be addressed 
in a separate decision.
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    The transaction may be consummated on or after April 8, 2012, the 
effective date of the exemption (30 days after the verified notice of 
exemption was filed).\2\ The temporary trackage rights are scheduled to 
expire on December 31, 2012. The purpose of the temporary trackage 
rights is to bridge loaded and empty coal trains between trackage at 
Log Creek Mine at Enosville and ISRR's tracks at Oakland City Junction 
for further movement over ISRR's line to Indiana Power and Light's 
generating plant at Petersburg, Ind.
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    \2\ Accompanying its verified notice of exemption, ISRR also 
filed a request to waive the requirement at 49 CFR 1180.4(g)(1) that 
the verified notice be filed at least 30 days before the transaction 
is consummated. In a separate decision served today, the Board is 
denying that request.
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    As a condition to this exemption, any employees affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Railway, Inc.--Lease & Operate--California Western 
Railroad, 360 I.C.C. 653 (1980), and any employees affected by the 
discontinuance of those trackage rights will be protected by the 
conditions set out in Oregon Short Line Railroad & The Union Pacific 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
    This notice is filed under 49 CFR 1180.2(d)(8). 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. Petitions for stay must be filed no later than 
March 30, 2012 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35602, 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 W. Humes, Jr., Senior Counsel, Rail 
America, Inc., 7411 Fullerton Street, Jacksonville, FL 32256.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: March 19, 2012.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-7053 Filed 3-22-12; 8:45 am]
BILLING CODE 4915-01-P