[Federal Register Volume 79, Number 88 (Wednesday, May 7, 2014)]
[Notices]
[Pages 26301-26302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10481]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 33744 (Sub-No. 1)]
CSX Transportation, Inc.--Trackage Rights Exemption--Louisville &
Indiana Railroad Company
CSX Transportation, Inc. (CSXT) and Louisville & Indiana Railroad
Company (LIRC), pursuant to a written trackage rights agreement dated
January 1, 2014 (the 2014 Agreement), have agreed to modify the
compensation pertaining to overhead trackage rights LIRC previously
granted to CSXT \1\ under a trackage rights agreement entered into in
2000 (the 2000 Agreement). The trackage rights are over LIRC's line
between milepost 110.56, at Louisville, Ky., and milepost 4.0, at
Indianapolis, Ind., a distance of approximately 106.5 miles (including
the ability to enter and exit the line at Seymour, Ind.).\2\
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\1\ See CSX Transp., Inc.--Trackage Rights Exemption--Louisville
& Ind. R.R., FD 33744 (STB served June 21, 2001).
\2\ Redacted versions of the 2000 Agreement and 2014 Agreement
were filed with the notice of exemption. The full versions of the
agreements, as required by 49 CFR 1180.6(a)(7)(ii), were
concurrently filed under seal along with a motion for protective
order. That motion will be addressed in a separate decision.
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[[Page 26302]]
The transaction is scheduled to be consummated on or after May 21,
2014, the effective date of the exemption (30 days after the exemption
was filed).
CSXT states that there will be no change in CSXT's operation of the
line and that LIRC's operations will not change. According to CSXT, the
compensation paid by CSXT to LIRC under the 2000 Agreement consists of
a fixed annual fee and a per car fee, adjusted annually for inflation,
while under the 2014 Agreement (which will replace the 2000 Agreement),
CSXT will: (1) Pay LIRC a one-time fee to complete the annual fee
payments; (2) pay LIRC a per car-mile fee; (3) allocate maintenance
expenses based on use of the line; (4) allocate operating expenses
based on use of the line; and (5) include an annual inflation
adjustment.
CSXT states that the 2014 Agreement will be superseded \3\ by the
Joint Use Agreement at issue in CSX Transportation, Inc.--Joint Use--
Louisville & Indiana Railroad Company, Docket No. FD 35523, if the
Board grants the authority sought in that docket.
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\3\ Because, as noted below, this notice is filed under
1180.2(d)(7), not the temporary trackage rights class exemption
under 1180.2(d)(8), separate discontinuance authority will be needed
to terminate this trackage rights exemption.
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The purpose of this transaction is to allow CSXT to use the line to
serve overhead traffic and to enter and exit the line at Seymour, Ind.
As a condition to this exemption, any employees affected by the
trackage rights 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). This
notice is filed under 49 CFR 1180.2(d)(7). If the 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 by
May 14, 2014 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 33744 (Sub-No. 1), must be filed with the Surface Transportation
Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy
of each pleading must be served on Louis E. Gitomer, Law Offices of
Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD
21204.
Board decisions and notices are available on our Web site at
www.stb.dot.gov.
Decided: May 1, 2014.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-10481 Filed 5-6-14; 8:45 am]
BILLING CODE 4915-01-P