[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Pages 63636-63637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22286]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36436]


Central Railroad Company of Indianapolis--Lease and Operation 
Exemption--Norfolk Southern Railway Company

    Central Railroad Company of Indianapolis (CERA), a Class III 
railroad, has filed a verified notice of exemption pursuant to 49 CFR 
1150.41 to continue to lease and operate approximately 15.7 miles of 
rail line between milepost RK-154.5, a point just east of the grade 
crossing at 38th Street in Gas City, Grant County, Ind., and milepost 
RK-138.8, at the end of the leased line at Harford City, Blackford 
County, Ind. (the Line). CERA states that it has entered into an 
amended lease (Amended Agreement) with Norfolk Southern Railway Company 
(NSR), the owner of the Line, amending the existing lease (Current 
Agreement) between those parties.\1\ Both the Amended Agreement and the 
Current Agreement include operating rights into Goodman Yard and any 
sidings or sidetracks owned by NSR that are accessed via the Line.
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    \1\ See Cent. R.R. of Indianapolis--Lease & Operation 
Exemption--Norfolk S. Ry., FD 35300 (STB served Oct. 21, 2009) 
(authorizing CERA to lease and operate 15.9 miles of line).
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    CERA states that it is the present operator of the Line under the 
Current Agreement. CERA states that the Amended Agreement extends the 
term of the lease until December 31, 2024 (or until the Amended 
Agreement is otherwise terminated in accordance with its terms), and 
revises other commercial provisions.\2\
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    \2\ Under the Amended Agreement, the Line will end at milepost 
RK-138.8, making it 0.2 mile shorter than the leased track under the 
Current Agreement, which ends at milepost RK-138.6. Although this 
notice reflects the modified mileage, CERA retains a common carrier 
obligation to operate between milepost RK-138.8 and milepost RK-
138.6 until it receives authority to discontinue service over that 
section of track and consummates that authority. See Thompson v. 
Tex. Mexican Ry., 328 U.S. 134 (1946).
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    CERA certifies that the Amended Agreement does not include an 
interchange commitment.
    CERA certifies that its projected revenues as a result of this 
transaction will not exceed those that would qualify it as a Class III 
carrier. CERA also certifies that its revenues currently exceed $5 
million. Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual 
revenues will exceed $5 million, it must, at least 60 days before the 
exemption becomes effective, post a notice of its intent to undertake 
the proposed transaction at the workplace of the employees on the 
affected lines, serve a copy of the notice on the national offices of 
the labor unions with employees on the affected lines, and certify to 
the Board that it has done so. However, CERA's verified notice includes 
a request for waiver of the 60-day advance labor notice requirements. 
CERA's waiver request will be addressed in a separate decision. The 
Board will establish the effective date of the exemption in its 
separate decision on the waiver request.
    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. Petitions for stay must be filed no later than October 15, 
2020.
    All pleadings, referring to Docket No. FD 36436, 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 CERA's representative, Eric M. 
Hocky, Clark Hill PLC, Two Commerce Square, 2001

[[Page 63637]]

Market St., Suite 2620, Philadelphia, PA 19103.
    According to CERA, 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: October 2, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2020-22286 Filed 10-7-20; 8:45 am]
BILLING CODE 4915-01-P