[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Notices]
[Page 69568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24187]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36046]


CSX Transportation, Inc.--Trackage Rights Exemption--Grand Trunk 
Western Railroad Company

    Grand Trunk Western Railroad Company (GTW), pursuant to a written 
trackage rights agreement (Agreement),\1\ has agreed to grant CSX 
Transportation, Inc. (CSXT), overhead trackage rights: (1) Between 
GTW's connection to CSXT at Wellsboro, Ind., at or near milepost 71.1, 
and Griffith, Ind., at or near milepost 36.1, on GTW's South Bend 
Subdivision, and (2) between Griffith, Ind., at or near milepost 36.1, 
and Munster, Ind., at or near milepost 30.92, on GTW's Elsdon 
Subdivision, a distance of approximately 40.18 miles, including all 
sidings, yard tracks and yard leads now existing or hereafter 
constructed along those tracks (the Line).\2\
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    \1\ An executed redacted copy of the Agreement between GTW and 
CSXT was filed with the notice of exemption. An unredacted copy was 
filed under seal along with a motion for protective order pursuant 
to 49 CFR 1104.14(b). That motion will be addressed in a separate 
decision.
    \2\ In a letter filed on September 27, 2016, CSXT corrects the 
description of the territory in which it proposes to operate.
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    CSXT proposes to use the Line to move a limited volume of traffic 
between CSXT's lines that connect with the Line at Munster, Ind., on 
the west and Wellsboro, Ind., on the east, which CSXT states will 
result in operating economies and improved service. CSXT will be 
permitted to operate up to four trains a day, unless otherwise agreed 
between GTW and CSXT.
    CSXT states that the Agreement does not contain interchange 
commitments.
    The transaction is scheduled to be consummated on or shortly after 
October 20, 2016, the effective date of the exemption (30 days after 
the verified notice of exemption was filed).
    As a condition to this exemption, any employees affected by the 
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--Lease & 
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. Petitions for 
stay must be filed by October 13, 2016 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36046, 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 Louis E. Gitomer, Law Offices of Louis E. 
Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204.
    According to CSXT, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''

    Decided: October 3, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-24187 Filed 10-5-16; 8:45 am]
BILLING CODE 4915-01-P