[Federal Register Volume 82, Number 245 (Friday, December 22, 2017)]
[Notices]
[Page 60788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27604]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36068 (Sub-No. 2)]


The Indiana Rail Road Company--Temporary Trackage Rights 
Exemption--CSX Transportation, Inc.

    The Indiana Rail Road Company (INRD), a Class II rail carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(8) for its 
acquisition of limited, temporary overhead trackage rights over a line 
of railroad of CSX Transportation, Inc. (CSXT) between its connection 
with CSXT at approximately CSXT milepost OZA 204.5 at Sullivan, Ind., 
and the connection with trackage serving the Oaktown Mine at 
approximately CSXT milepost OZA 219.05 at Oaktown, Ind., a distance of 
approximately 14.55 miles.
    As explained by INRD in its notice of exemption in Docket No. FD 
36068, pursuant to a May 15, 2008 trackage rights agreement and two 
subsequent supplements to that agreement dated August 1, 2009, and 
November 20, 2009, INRD holds trackage rights over a line of railroad 
of CSXT from Sullivan to Carlisle and Oaktown, Ind.\1\ The purpose of 
those trackage rights is to allow INRD to handle unit coal trains from 
mines at Carlisle and Oaktown to specified destinations on INRD or 
other railroads with which INRD interchanges. In 2016, the Board 
authorized temporarily expanding the existing trackage rights to allow 
INRD to handle loaded and empty coal trains between the Oaktown Mine 
and the Kentucky Utilities Generating Station in Harrodsburg, Ky., in 
interline service with other rail carriers.\2\ The current temporary 
trackage rights agreement is scheduled to expire on December 31, 2017. 
INRD states that it intends to consummate the transaction on January 6, 
2018. The sole purpose of the trackage rights is to allow INRD to 
handle loaded and empty unit coal trains between the Oaktown Mine and 
the Kentucky Utilities Generating Station in Harrodsburg, Ky., in 
interline service with other rail carriers. The temporary trackage 
rights will expire on December 31, 2018.\3\
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    \1\ See Indiana R.R.--Trackage Rights Exemption--CSX Transp., 
Inc., FD 35328 (STB served Dec. 31, 2009); Indiana R.R.--Trackage 
Rights Exemption--CSX Transp., Inc., FD 35287 (STB served Sept. 2, 
2009); Indiana R.R.--Amended Trackage Rights Exemption--CSX Transp., 
Inc., FD 35137 (STB served May 22, 2008, and Dec. 4, 2009).
    \2\ Indiana R.R.--Trackage Rights Exemption--CSX Transp., Inc., 
FD 36068 (STB served Oct. 14, 2016); Indiana R.R.--Trackage Rights 
Exemption--CSX Transp., Inc., FD 36068 (Sub-No. 1) (STB served Feb. 
9, 2017).
    \3\ INRD states that, upon expiration of the temporary trackage 
rights, its underlying trackage rights authorized in Docket Nos. FD 
35137, FD 35287, and FD 35328 will remain in place.
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    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--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 the verified 
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.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36068 (Sub-No. 2), 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 INRD's representative, Thomas J. 
Litwiler, Fletcher & Sippel LLC, 29 North Wacker Dr., Ste. 920, 
Chicago, IL 60606-2832.
    According to INRD, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and historic reporting 
under 49 CFR 1105.8(b)(3).
    Board decisions and notices are available on our website at 
``WWW.STB.GOV.''

    Decided: December 19, 2017.
    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-27604 Filed 12-21-17; 8:45 am]
 BILLING CODE 4915-01-P