The Central Railroad Company of Indiana-Trackage Rights Exemption-CSX Transportation, Inc.

• Published date: 12 July 2024
• Record Number: 2024-15315
• Citation: 89 FR 57175
• Court: Surface Transportation Board
• Section: Notices

Federal Register, Volume 89 Issue 134 (Friday, July 12, 2024)

[Federal Register Volume 89, Number 134 (Friday, July 12, 2024)]
                [Notices]
                [Pages 57175-57176]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-15315]
                =======================================================================
                -----------------------------------------------------------------------
                SURFACE TRANSPORTATION BOARD
                [Docket No. FD 36791]
                The Central Railroad Company of Indiana--Trackage Rights
                Exemption--CSX Transportation, Inc.
                 The Central Railroad Company of Indiana (CIND), a Class III rail
                carrier, has filed a verified notice of exemption under 49 CFR
                1180.2(d)(7) for CIND's acquisition of trackage rights pursuant to an
                amendment of an existing trackage rights agreement between CIND and CSX
                Transportation, Inc. (CSXT). In 1991, CSXT granted CIND overhead
                trackage rights over approximately 6 miles of rail line.\1\ Pursuant to
                a written amendment to the 1991 agreement,\2\ CSXT has agreed to extend
                the trackage rights by 1,135 feet between Ivorydale Junction and NA
                Tower (+-milepost
                [[Page 57176]]
                BB 7.5) to permit CIND to interchange with the Indiana & Ohio Railway
                Company.\3\
                ---------------------------------------------------------------------------
                 \1\ According to the verified notice, the ``Original Joint
                Trackage'' consists of: CSXT's Cincinnati Terminal Subdivision via
                Oklahoma Track, #3 Main Track and #1 and #2 Mains and such other
                terminal trackage as may from time to time be specified by CSXT,
                between the connection of Oklahoma Track with the Shelbyville Line
                near the east end of Storrs Yard at or about milepost BC 1 and the
                connection of #1 Main with the trackage of Norfolk Southern Railway
                Company (NSR) at Ivorydale Junction, Ohio.
                 \2\ An executed, redacted version of the 1991 trackage rights
                agreement and amendment were filed with the verified notice. CIND
                also submitted under seal an executed, unredacted version of the
                agreement and amendment and filed a motion for protective order.
                That motion is addressed in a separate decision.
                 \3\ CIND will also continue to have the ability to interchange
                with NSR that was available under the original trackage rights
                agreement.
                ---------------------------------------------------------------------------
                 The transaction may be consummated on or after July 27, 2024, 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
                exempted transaction 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 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 July 19, 2024
                (at least seven days before the exemption becomes effective).
                 All pleadings, referring to Docket No. FD 36791, 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
                CIND's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce
                Square, 2001 Market St., 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
                preservation reporting requirements under 49 CFR 1105.8(b).
                 Board decisions and notices are available at www.stb.gov.
                 Decided: July 8, 2024.
                 By the Board, Scott M. Zimmerman, Acting Director, Office of
                Proceedings.
                Stefan Rice,
                Clearance Clerk.
                [FR Doc. 2024-15315 Filed 7-11-24; 8:45 am]
                BILLING CODE 4915-01-P