[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Page 72849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25523]

[[Page 72849]]



[Docket No. FD 36049]

CSX Transportation, Inc.--Trackage Rights Exemption--Central 
Railroad Company of Indianapolis, Chicago d/b/a Ft. Wayne and Eastern 
Railroad Division

    CSX Transportation, Inc. (CSXT), a Class I rail carrier, has filed 
a verified notice of exemption under 49 CFR 1180.2(d)(7) for its 
acquisition of limited overhead trackage rights over a 70.4-mile 
portion of a rail line that Central Railroad Company of Indianapolis, 
d/b/a Chicago, Ft. Wayne and Eastern Railroad Division (CFE) leases 
from CSXT.\1\ The limited overhead trackage rights are between Lima, 
Ohio (milepost QF 260.3) and Arcola/Columbia City, Ind. (milepost PC 
330.4), the connection to the SDI Facility (Facility) at Arcola, 
including all sidings, yard tracks, and yard leads now existent or 
hereafter constructed along the subject tracks.\2\

    \1\ CFE was granted authority to lease and operate approximately 
273 miles of rail line from CSXT in Central Railroad Co. of 
Indianapolis--Lease & Operation Exemption--CSX Transportation, Inc., 
FD 34508 (STB served July 30, 2004).
    \2\ CSX states that the parties have entered into a written 
agreement for the limited overhead trackage rights and a copy of the 
final Agreement will be filed with the Board when executed. CSX 
simultaneously filed a motion for a protective order to protect the 
confidential and commercially sensitive information contained in the 
Agreement, which CSXT submitted under seal in this proceeding. That 
motion will be handled separately.

    CSXT states that the parties will enter into a written agreement 
for the limited overhead trackage rights, and a copy of the final 
trackage rights agreement will be filed with the Board when it is 
    CSXT states that it acquires finished rail from the Facility for 
use throughout its system. CFE handles the traffic from the Facility to 
an interchange with CSXT at Lima. CSXT states that it is more efficient 
to handle the traffic from the origin at the Facility in single-line 
service to the various locations on its system where the rail will be 
used. As part of the lease, CFE agreed to grant CSXT limited overhead 
trackage rights to directly access the Facility at Arcola. CSXT states 
it is seeking the trackage rights to directly reach the Facility solely 
for the purpose of transporting finished rail for use on its system and 
empty cars in the opposite direction.
    The transaction is scheduled to be consummated on November 5, 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 28, 2016 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36049, 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, 600 Baltimore Ave., Suite 
301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at 

    Decided: October 18, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 

Rena Laws-Byrum,
Clearance Clerk.
[FR Doc. 2016-25523 Filed 10-20-16; 8:45 am]