Notice2021-22024
The Central Railroad Company of Indiana-Acquisition and Operation Exemption-Patton-Lowe RR, Inc.
Primary source
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Published
October 8, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 193 (Friday, October 8, 2021)</title>
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[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Page 56345]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22024]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36538]
The Central Railroad Company of Indiana--Acquisition and
Operation Exemption--Patton-Lowe RR, Inc.
The Central Railroad Company of Indiana (CIND), a Class III
railroad, has filed a verified notice of exemption under 49 CFR 1150.41
to enter into a transaction agreement (Transaction Agreement) with
Patton-Lowe RR, Inc. (PLRI), for CIND to acquire and operate a rail
line from approximately milepost 64.43 at Craig \1\ (east of the SR46
Grade Crossing, at a point of connection with CIND's Westport
Industrial Track near CIND milepost 225.0) to 100 feet east of the
switch at approximately milepost 64.61 (the Line).\2\ The verified
notice states that CIND has also entered into a trackage rights
agreement to acquire incidental trackage rights over a connecting PLRI
rail line, which will allow CIND to provide local and overhead service
to customers.\3\
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\1\ Craig is an unincorporated railroad location immediately
west of the boundary of the City of Greensburg, Ind. See Patton-Lowe
RR--Acquis. Exemption--Consolidated Rail Corp., FD 36366, slip op.
at 1 n.1 (STB served Jan. 3, 2020).
\2\ The parties to the Transaction Agreement also include Lowe's
Pellets and Grain, Inc. (Lowe's), the parent company of PLRI, and
Next Generation, Inc. (NEXTGEN).
\3\ The Transaction Agreement also provides for the
rehabilitation of certain track to allow CIND to access the
incidental track and the Lowe's and NEXTGEN facilities.
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CIND certifies that neither the Transaction Agreement and nor the
trackage rights agreement impose or include an interchange commitment.
CIND further certifies that its projected revenues as a result of the
transaction will not exceed those that would qualify it as a Class III
rail carrier but that its current annual revenues exceed $5 million.
Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual revenues
will exceed $5 million, it must, at least 60 days before the exemption
becomes effective, post a notice of its intent to undertake the
proposed transaction at the workplace of the employees on the affected
lines, serve a copy of the notice on the national offices of the labor
unions with employees on the affected lines, and certify to the Board
that it has done so. However, CIND's verified notice includes a request
for waiver of the 60-day advance labor notice requirements. CIND's
waiver request will be addressed in a separate decision. The Board will
establish the effective date of the exemption in its separate decision
on the waiver request.
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 October 15,
2021.
All pleadings, referring to Docket No. FD 36538, should be filed
with the Surface Transportation Board via e-filing on the Board's
website. In addition, one copy of each pleading must be served on
CIND's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce
Square, 2001 Market Street, 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 reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: October 5, 2021.
By the Board, Valerie O. Quinn, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-22024 Filed 10-7-21; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on October 8, 2021.
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