[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66437-66438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26067]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36349]
The Indiana Rail Road Company--Amended 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)(7) for its
acquisition of amended, limited overhead trackage rights over a line of
railroad of CSX Transportation, Inc. (CSXT), between the connection
with INRD 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., including the
connection with trackage serving the Sunrise Mine at approximately CSXT
milepost OZA 214.5 at Carlisle, Ind., a total distance of approximately
14.55 miles (the Line).
INRD states that, 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
the Line for the purpose of handling unit coal trains from mines at
Carlisle and Oaktown to specified destinations on INRD or other
railroads with which INRD interchanges.\1\ Subsequently, pursuant to a
series of temporary trackage rights exemptions, CSXT and INRD agreed to
temporarily expand the existing Sullivan-Oaktown trackage rights to
allow INRD to handle unit coal trains to an additional off-line
destination.\2\
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\1\ See Ind. Rail Rd.--Trackage Rights Exemption--CSX Transp.,
Inc., FD 35328 (STB served Dec. 31, 2009); Ind. Rail Rd.--Trackage
Rights Exemption--CSX Transp., Inc., FD 35287 (STB served Sept. 2,
2009); Ind. Rail Rd.--Amended Trackage Rights Exemption--CSX
Transp., Inc., FD 35137 (STB served May 22, 2008).
\2\ The temporary trackage rights to that additional off-line
destination, the Kentucky Utilities E.W. Brown generating station in
Harrodsburg, Ky. (Kentucky Utilities), are scheduled to expire on
December 31, 2019. See Ind. Rail Rd.--Trackage Rights Exemption--CSX
Transp., Inc., FD 36068 (STB served Oct. 14, 2016); Ind. Rail Rd.--
Temporary Trackage Rights Exemption--CSX Transp., Inc., FD 36068
(Sub-No. 2) (STB served Feb. 8, 2019).
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Pursuant to the written Supplemental Agreement No. 7 dated July 19,
2019, INRD and CSXT have updated their arrangement.\3\ The parties have
agreed to amend the existing trackage rights to, among other things,
make permanent the previously temporary trackage rights (to Kentucky
Utilities), clarify other allowable destinations, and delete
destinations that have ceased receiving coal.\4\ Specifically,
according to the verified notice, the purpose of these rights is to
permit INRD to handle loaded and empty unit coal trains between the
Oaktown Mine or the Sunrise/Carlisle Mine and the following
destinations: The Indianapolis Power & Light generating station at
Petersburg, Ind.; the Hoosier Energy generating station at Merom, Ind.;
Vectren and Alcoa generating stations at Warrick, Ind.; and Kentucky
Utilities.\5\ INRD states that this proposed trackage rights exemption
is intended to subsume and replace INRD's prior trackage rights
exemptions granted in Docket Nos. FD 35137, 35287, and 35328.
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\3\ A redacted copy of the agreement is attached to the verified
notice. An unredacted copy has been filed under seal along with a
motion for protective order pursuant to 49 CFR 1104.14. That motion
is addressed in a separate decision.
\4\ To the extent INRD seeks to discontinue its trackage rights
to any previously authorized destination, it must separately seek
appropriate relief under 49 U.S.C. 10903 or explain why such
authority is unnecessary.
\5\ The parties also have agreed to modify contractual
provisions regarding compensation and contemplated volumes of
traffic.
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The transaction may be consummated on or after December 18, 2019,
the effective date of the exemption (30 days after the verified notice
was filed).
As a condition to this exemption, any employees affected by the
acquisition of 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).
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 no later than December 11, 2019 (at
least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36349, must be filed with
the Surface Transportation Board, either via e-filing or in writing
addressed to 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,
[[Page 66438]]
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL
60606.
According to the verified notice, this action is categorically
excluded from environmental review under 49 CFR 1105.6(c) and from
historic preservation reporting requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at www.stb.gov.
Decided: November 26, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-26067 Filed 12-3-19; 8:45 am]
BILLING CODE 4915-01-P