[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Notices]
[Page 15119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05446]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35717]


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 temporary 
overhead 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 4.0 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 to protect the confidential and 
commercially sensitive information contained in the unredacted 
version of the Agreement, which ISRR submitted under seal in this 
proceeding. That motion will be addressed in a separate decision.
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    The transaction may be consummated on or after March 22, 2013, the 
effective date of the exemption (30 days after the verified notice of 
exemption was filed). The temporary trackage rights are scheduled to 
expire on or about December 31, 2013. The purpose of the temporary 
trackage rights is to allow ISRR to bridge loaded and empty coal trains 
between a customer at Enosville and ISRR's tracks at Oakland City 
Junction, for further movement over ISRR's line to Petersburg, Ind.
    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 15, 2013 (at least 7 days before the exemption becomes 
effective). An original and 10 copies of all pleadings, referring to 
Docket No. FD 35717, 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 Eric M. Hockey, One Commerce Square, 
2005 Market Street, Suite 1000, Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: March 5, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2013-05446 Filed 3-7-13; 8:45 am]
BILLING CODE 4915-01-P