[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Page 56345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22024]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36538]


The Central Railroad Company of Indiana--Acquisition and 
Operation Exemption--Patton-Lowe RR, Inc.

    The Central Railroad Company of Indiana (CIND), a Class III 
railroad, has filed a verified notice of exemption under 49 CFR 1150.41 
to enter into a transaction agreement (Transaction Agreement) with 
Patton-Lowe RR, Inc. (PLRI), for CIND to acquire and operate a rail 
line from approximately milepost 64.43 at Craig \1\ (east of the SR46 
Grade Crossing, at a point of connection with CIND's Westport 
Industrial Track near CIND milepost 225.0) to 100 feet east of the 
switch at approximately milepost 64.61 (the Line).\2\ The verified 
notice states that CIND has also entered into a trackage rights 
agreement to acquire incidental trackage rights over a connecting PLRI 
rail line, which will allow CIND to provide local and overhead service 
to customers.\3\
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    \1\ Craig is an unincorporated railroad location immediately 
west of the boundary of the City of Greensburg, Ind. See Patton-Lowe 
RR--Acquis. Exemption--Consolidated Rail Corp., FD 36366, slip op. 
at 1 n.1 (STB served Jan. 3, 2020).
    \2\ The parties to the Transaction Agreement also include Lowe's 
Pellets and Grain, Inc. (Lowe's), the parent company of PLRI, and 
Next Generation, Inc. (NEXTGEN).
    \3\ The Transaction Agreement also provides for the 
rehabilitation of certain track to allow CIND to access the 
incidental track and the Lowe's and NEXTGEN facilities.
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    CIND certifies that neither the Transaction Agreement and nor the 
trackage rights agreement impose or include an interchange commitment. 
CIND further certifies that its projected revenues as a result of the 
transaction will not exceed those that would qualify it as a Class III 
rail carrier but that its current annual revenues 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, CIND's verified notice includes a request 
for waiver of the 60-day advance labor notice requirements. CIND'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, 
2021.
    All pleadings, referring to Docket No. FD 36538, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, one copy of each pleading must be served on 
CIND's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce 
Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103.
    According to CIND, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: October 5, 2021.

    By the Board, Valerie O. Quinn, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-22024 Filed 10-7-21; 8:45 am]
BILLING CODE 4915-01-P