Notice2022-16699
Burns Harbor Shortline Railroad Company-Operation Exemption-in Porter County, Ind.
Primary source
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Published
August 4, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 149 (Thursday, August 4, 2022)</title>
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[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Page 47815]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16699]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36610]
Burns Harbor Shortline Railroad Company--Operation Exemption--in
Porter County, Ind.
Burns Harbor Shortline Railroad Company (BHS), a noncarrier,\1\ has
filed a verified notice of exemption pursuant to 49 CFR 1150.31 to
operate a segment of track owned by the State of Indiana and controlled
and managed by Ports within the Port of Indiana-Burns Harbor. The track
begins at a connection with Norfolk Southern Railway Company (NSR) near
the intersection of South Boundary Drive and Sun Drive and extends in a
loop configuration northerly, easterly and then southerly to a second
connection with NSR near the intersection of East Boundary Drive and
Joe Emig Drive, a distance of approximately 4.15 miles in Portage,
Porter County, Ind. (the Line).
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\1\ BHS is a wholly owned subsidiary of Indiana Ports Railroad
Holding Corporation (IPR) and an indirect subsidiary of Ports of
Indiana (Ports).
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This transaction is related to a concurrently filed verified notice
of exemption in Ports of Indiana--Continuance in Control Exemption--
Burns Harbor Shortline Railroad, Docket No. FD 36611, in which Ports
and IPR seek to continue in control of BHS upon BHS's becoming a Class
III rail carrier.
According to the verified notice, pursuant to an operating
agreement between BHS and Ports,\2\ BHS will provide common carrier
rail service on the Line, as Ports and BHS have determined that BHS's
operation of the Line and related ancillary trackage would benefit
tenants of the Port of Indiana-Burns Harbor and promote the continued
development and success of the Burns Harbor port facility.
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\2\ A confidential copy of the operating agreement between Ports
and BHS was filed under seal as an exhibit to the verified notice.
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BHS states that the operating agreement between BHS and the Ports
contains no restriction on BHS interchanging traffic with any rail
carriers. BHS certifies that its projected annual revenue will not
exceed $5 million and that the proposed transaction will not result in
BHS's becoming a Class I or II rail carrier.
The earliest this transaction may be consummated is August 18,
2022, the effective 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 for stay must be filed no later than August 11,
2022.
All pleadings, referring to Docket No. FD 36610, 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
BHS's representative, Thomas J. Healey, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to BHS, 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 <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: July 29, 2022.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-16699 Filed 8-3-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on August 4, 2022.
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