[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Page 47815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16699]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36610]


Burns Harbor Shortline Railroad Company--Operation Exemption--in 
Porter County, Ind.

    Burns Harbor Shortline Railroad Company (BHS), a noncarrier,\1\ has 
filed a verified notice of exemption pursuant to 49 CFR 1150.31 to 
operate a segment of track owned by the State of Indiana and controlled 
and managed by Ports within the Port of Indiana-Burns Harbor. The track 
begins at a connection with Norfolk Southern Railway Company (NSR) near 
the intersection of South Boundary Drive and Sun Drive and extends in a 
loop configuration northerly, easterly and then southerly to a second 
connection with NSR near the intersection of East Boundary Drive and 
Joe Emig Drive, a distance of approximately 4.15 miles in Portage, 
Porter County, Ind. (the Line).
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    \1\ BHS is a wholly owned subsidiary of Indiana Ports Railroad 
Holding Corporation (IPR) and an indirect subsidiary of Ports of 
Indiana (Ports).
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    This transaction is related to a concurrently filed verified notice 
of exemption in Ports of Indiana--Continuance in Control Exemption--
Burns Harbor Shortline Railroad, Docket No. FD 36611, in which Ports 
and IPR seek to continue in control of BHS upon BHS's becoming a Class 
III rail carrier.
    According to the verified notice, pursuant to an operating 
agreement between BHS and Ports,\2\ BHS will provide common carrier 
rail service on the Line, as Ports and BHS have determined that BHS's 
operation of the Line and related ancillary trackage would benefit 
tenants of the Port of Indiana-Burns Harbor and promote the continued 
development and success of the Burns Harbor port facility.
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    \2\ A confidential copy of the operating agreement between Ports 
and BHS was filed under seal as an exhibit to the verified notice.
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    BHS states that the operating agreement between BHS and the Ports 
contains no restriction on BHS interchanging traffic with any rail 
carriers. BHS certifies that its projected annual revenue will not 
exceed $5 million and that the proposed transaction will not result in 
BHS's becoming a Class I or II rail carrier.
    The earliest this transaction may be consummated is August 18, 
2022, the effective date of the exemption (30 days after the verified 
notice was filed).
    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 August 11, 
2022.
    All pleadings, referring to Docket No. FD 36610, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
BHS's representative, Thomas J. Healey, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to BHS, 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: July 29, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-16699 Filed 8-3-22; 8:45 am]
BILLING CODE 4915-01-P