[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Notices]
[Pages 36520-36521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16433]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36123]


The Indiana Rail Road Company and CSX Transportation Inc.--Joint 
Relocation Project Exemption--Terre Haute, Ind.

    On July 21, 2017, the Indiana Rail Road Company (INRD) filed a 
verified notice of exemption under 49 CFR 1180.2(d)(5) to enter into a 
joint project with CSX Transportation, Inc. (CSXT), involving the 
relocation of a segment of INRD's rail line in Terre Haute, Ind.
    The purpose of the joint relocation project is to allow the removal 
of two crossing diamonds at Belt Junction, to eliminate conflicting 
INRD and CSXT train movements at both Belt Junction and Spring Hill, 
and to improve the efficiency of INRD and CSXT operations in the Terre 
Haute area. The joint relocation project notice covers the following 
actions:
    (1) INRD will acquire overhead trackage rights on CSXT's Baker 
Siding extending from the connection with INRD's line at approximately 
CSXT Milepost 0ZA 181.1 at Belt Junction to the connection with INRD's 
line at approximately CSXT Milepost 0ZA 182.1 at Spring Hill, a 
distance of approximately 1.0 miles in Terre Haute.
    (2) INRD will abandon its Chicago Subdivision line extending from 
approximately INRD Milepost 181.5 to approximately INRD Milepost 182.03 
(the INRD Line), including the northeastern leg of the wye track to the 
Hulman Lead, a total distance of approximately 0.85 miles in the 
vicinity of Belt Junction. The diamond crossings of CSXT's CE&D 
Subdivision at Belt Junction at CSXT Milepost 0ZA 181.1 and the 
immediately adjacent INRD trackage will be removed. The INRD Line 
between the end of the track removal at Belt Junction and the 
connection to the Hulman Lead will remain in place as unregulated 
trackage pursuant to 49 U.S.C. 10906 and used solely to turn equipment.
    INRD states that it does not serve any shippers on the INRD Line, 
and existing service to shippers on INRD's Hulman Lead will be 
preserved. INRD also states that the proposed relocation will improve 
the operation of INRD's through trains in the area, which will avoid 
two crossings of CSXT's CE&D Subdivision and interference from 
conflicting CSXT train movements. INRD argues that no shippers will be 
adversely affected by this relocation or lose access to any rail 
service currently provided by INRD.
    The Board will exercise jurisdiction over the abandonment, 
construction, or sale components of a joint relocation project, and 
require separate approval or exemption, only where the removal of track 
affects service to shippers or the construction of new track or 
transfer of existing track involves expansion into new territory, or a 
change in existing competitive situations. See City of Detroit v. 
Canadian Nat'l Ry., 9 I.C.C.2d 1208 (1993), aff'd sub nom. Detroit/
Wayne Cty. Port Auth. v. ICC, 59 F.3d 1314 (D.C. Cir. 1995); Flats 
Indus. R.R. & Norfolk S. Ry.--Joint Relocation Project Exemption--in 
Cleveland, Ohio, FD 34108 (STB served Nov. 15, 2001). Line relocation 
projects may embrace trackage rights transactions such as the one 
involved here. See Detroit, Toledo & Ironton R.R.--Trackage Rights--
Between Wash. Court House & Greggs, Ohio--Exemption, 363 I.C.C. 878 
(1981).
    Under these standards, the incidental abandonment and trackage 
rights components require no separate approval or exemption when the 
relocation project, as here, will not disrupt service to shippers and 
thus qualifies for the class exemption at 49 CFR 1180.2(d)(5).
    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).
    The transaction may be consummated on or after August 20, 2017, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    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 transaction. Petitions to stay 
must be filed by August 11, 2017 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36123, 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 Thomas J. Litwiler, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: August 1, 2017.


[[Page 36521]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Rena Laws-Byrum,
Clearance Clerk.
[FR Doc. 2017-16433 Filed 8-3-17; 8:45 am]
 BILLING CODE 4915-00-P