[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Notices]
[Page 36582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15098]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35835]


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) dated May 19, 2014, has agreed to 
grant temporary overhead trackage rights to Indiana Southern Railroad, 
LLC (ISRR) over NSR's line of railroad between milepost 0.8 EJ at 
Oakland City Junction, Ind., and milepost 4.8 EJ at Enosville, Ind., a 
distance of approximately 4.0 miles.\1\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    The transaction may be consummated on or after July 12, 2014, 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 December 31, 2014. The purpose of the temporary trackage 
rights is to allow ISRR to bridge loaded and empty coal trains between 
Enosville and 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 --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 effectiveness of the exemption. Petitions for stay must be 
filed no later than July 3, 2014 (at least 7 days before the exemption 
becomes effective). An original and 10 copies of all pleadings, 
referring to Docket No. FD 35835, 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: June 24, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014-15098 Filed 6-26-14; 8:45 am]
BILLING CODE 4915-01-P