Federal Register, Volume 83 Issue 56 (Thursday, March 22, 2018)

[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12636-12637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05857]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36166]


Indiana Southern Railroad, LLC--Amendment to Trackage Rights 
Exemption--The Indiana Rail Road Company

    Indiana Southern Railroad, LLC (ISRR), a Class III railroad, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for 
overhead trackage rights over a line of railroad owned by The Indiana 
Rail Road Company (INRD), pursuant to an amendment (Amendment) to an 
existing trackage rights agreement (Base Agreement) between ISRR and 
INRD. The trackage rights relate to approximately 5.8 miles of rail 
line between INRD milepost 224.1 at or near Elnora, Ind., and INRD 
milepost 218.3 at or near Beehunter, Ind. (the Line).\1\
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    \1\ ISRR currently holds overhead trackage rights over the Line 
under the Base Agreement. Ind. S. R.R.--Trackage Rights Exemption--
Soo Line R.R., FD 32538 (ICC served Oct. 13, 1993). ISRR states that 
it is the successor to Indiana Southern Railroad, Inc., and INRD is 
the successor in interest to Soo Line Railroad Company. (Notice 1 
n.1.)
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    ISRR states that the Amendment grants ISRR the right to construct 
one or more additional connections at the Beehunter end of the Line, to 
reinstall a crossing diamond there, and to extend the term of the Base 
Agreement by 22 years to August 12, 2065. ISRR, in return, agreed to 
contribute toward INRD's obligations under a federal Transportation 
Investment Generating Economic Recovery (TIGER) grant to be used to 
improve the Line.\2\ According to ISRR, the Amendment does not make any 
material change to the trackage rights (which remain overhead with the 
same end points).
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    \2\ According to ISRR, the Amendment, which was executed in May 
2013, was contingent on INRD being awarded a TIGER grant and ISRR 
contributing toward INRD's costs after the project's completion. 
ISRR states that the grant was awarded in 2014 and that it made the 
required payment to INRD on August 12, 2015. (Notice 2 n.2.)
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    A redacted public version of the Amendment is attached to ISRR's 
verified notice of exemption.\3\
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    \3\ With its verified notice, ISRR filed a motion for a 
protective order to protect the confidential and commercial 
sensitive information contained in the agreement, which ISRR 
submitted under seal. That motion will be addressed in a separate 
decision.
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    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions set forth 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).
    The transaction may be consummated on or after April 5, 2018, the 
effective

[[Page 12637]]

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 to stay must be filed no later than March 29, 2018 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36166, 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 Street, Suite 1000, Philadelphia, PA 19103-7031.
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: March 19, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-05857 Filed 3-21-18; 8:45 am]
 BILLING CODE 4915-01-P