[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63871-63872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26733]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35965]


Indiana Southern Railroad, LLC--Temporary Trackage Rights 
Exemption--Norfolk Southern Railway Company

    Pursuant to a written trackage rights agreement dated June 29, 
2015, Norfolk Southern Railway Company (NSR) has agreed to grant 
overhead temporary trackage rights to Indiana Southern Railroad, LLC 
(ISRR), over NSR's line of

[[Page 63872]]

railroad between milepost 0.8 EJ at Oakland City Junction, Ind., and 
milepost 4.8 EJ at Enosville, Ind., a distance of approximately 4.0 
miles.\1\
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    \1\ A redacted version of the Agreement between NSR and ISRR was 
filed with the notice of exemption. ISRR simultaneously filed a 
motion for a protective order to protect the confidential and 
commercially sensitive information contained in the unredacted 
version of the Agreement, which ISRR submitted under seal in this 
proceeding. That motion will be addressed in a separate decision.
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    The transaction may be consummated on or after November 4, 2015, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    The purpose of the transaction is to allow ISRR limited overhead 
trackage rights and the ability to provide local rail service to one 
customer located on the line segment. The parties' agreement provides 
that the trackage rights are temporary in nature and are scheduled to 
expire on January 1, 2020.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway, Inc.--Lease 
& Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7).\2\ 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. Stay petitions 
must be filed by October 28, 2015 (at least 7 days before the exemption 
becomes effective). An original and 10 copies of all pleadings, 
referring to Docket No. FD 35965, 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 Eric M. Hocky, 
Clark Hill, PLC, One Commerce Square, 2005 Market St., Suite 1000, 
Philadelphia, PA 19103.
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    \2\ ISRR states that, because the temporary trackage rights 
covered by the notice of exemption are longer than one year in 
duration, it is not filing under the Board's class exemption for 
temporary trackage rights under 49 CFR 1180.2(d)(8). Instead, ISRR 
has filed under the trackage rights class exemption at 1180.2(d)(7) 
and concurrently has filed, in Docket No. FD 35965 (Sub-No. 1), a 
petition for partial revocation of this exemption to permit these 
proposed trackage rights to expire on January 1, 2020, as provided 
in the parties' agreement. The Board will address that petition in a 
separate decision.
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    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: October 16, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2015-26733 Filed 10-20-15; 8:45 am]
BILLING CODE 4915-01-P