[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47815-47816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16700]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36611]


Ports of Indiana and Indiana Ports Railroad Holding Corporation--
Continuance in Control Exemption--Burns Harbor Shortline Railroad 
Company

    Ports of Indiana (Ports) and Indiana Ports Railroad Holding 
Corporation (IPR), both noncarriers, have filed a verified notice of 
exemption under 49 CFR 1180.2(d)(2) to continue in control of Burns 
Harbor Shortline Railroad Company (BHS), a noncarrier wholly owned by 
IPR, which in turn is owned by Ports, upon BHS's becoming a Class III 
rail carrier.
    This transaction is related to a verified notice of exemption filed 
concurrently in Burns Harbor Shortline Railroad--Operation Exemption--
in Porter County, Ind., Docket No. FD 36610, in which BHS seeks to 
operate an approximately 4.15-mile segment of track owned by the State 
of Indiana and controlled and managed by Ports within the Port of 
Indiana-Burns Harbor, in Portage, Porter County, Ind.
    According to the verified notice, Ports is a statewide port 
authority that operates state-owned port facilities at Burns Harbor, 
Jeffersonville, and Mt. Vernon, Ind. IPR is a noncarrier subsidiary of 
Ports that directly controls two Class III shortlines that operate on 
track owned by the State of Indiana and controlled and managed by Ports 
at the port facilities in Jeffersonville and Mt. Vernon. According to 
the verified notice, Ports and IPR will continue in control of BHS upon 
BHS's becoming a railroad common carrier.
    Ports and IPR represent that: (1) the rail line to be operated by 
BHS does not connect with the rail lines of any of the rail carriers 
controlled by Ports or IPR; (2) the transaction is not part of a series 
of anticipated transactions that would result in such a connection; and 
(3) the transaction does not involve a Class I rail carrier. The 
proposed transaction is therefore exempt from the prior approval 
requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2).
    The transaction may be consummated on or after August 18, 2022, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. However, 49 U.S.C. 11326(c) 
does not provide for labor protection for transactions under 49 U.S.C. 
11324 and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36611, 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, one copy of each pleading must be served on 
Ports' and IPR's representative, Thomas J. Healey,

[[Page 47816]]

Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 
60606-3208.
    According to Ports, 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: July 29, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-16700 Filed 8-3-22; 8:45 am]
BILLING CODE 4915-01-P