[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Pages 17107-17108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06338]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36591]


Louisville & Indiana Railroad Company--Acquisition and Operation 
Exemption--Southern Indiana Railway, Inc.

    The Louisville & Indiana Railroad Company (LIRC), a Class III 
railroad, has filed a verified notice of exemption under 49 CFR 1150.41 
to enter into an asset purchase agreement (Purchase Agreement) with 
Southern Indiana Railway, Inc. (SIND), for LIRC to acquire and operate 
a rail corridor from north of the intersection of ``highway 403'' at 
Speed (SIND Speed Property) southerly to a connection with a rail line 
of CSX Transportation, Inc., at Watson Junction, all in Clark County, 
Ind. The Purchase Agreement also covers yard tracks located on the real 
property of Lehigh Cement in Speed, north of SIND Speed Property (the 
above described assets subject to the Purchase Agreement are referred 
to collectively as the Line). According to LIRC, the Line is 
approximately 7.41 miles in length.\1\ The verified notice states that 
LIRC will become the operator of the Line upon the exemption's 
effective date.
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    \1\ LIRC states that this mileage number comes from Southern 
Indiana Railway--Acquisition, FD 12551 (ICC served Feb. 7, 1940). 
LIRC further states that its intention is to acquire SIND's rights 
to the entire rail corridor described in the 1940 decision, and 
that, to the extent that yard and ancillary tracks are subject to 49 
U.S.C. 10906, LIRC's request for authority to acquire the Line is 
not intended to convert any such track into common carrier track 
subject to 49 U.S.C. 10901.
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    LIRC certifies that the Purchase Agreement does not contain any 
provision that may limit future interchange with a third-party 
connecting carrier. LIRC further certifies that its projected annual 
revenues as a result of this transaction will not result in LIRC's 
becoming a Class II or Class I rail carrier. 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, LIRC's verified notice includes a request for 
waiver of the 60-day advance labor notice requirements. LIRC'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 April 1, 
2022.
    All pleadings, referring to Docket No. FD 36591, 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 
LIRC's representative, Rose-Michele Nardi, Baker & Miller PLLC, Suite 
300, 2401 Pennsylvania Ave. NW, Washington, DC 20037.
    According to LIRC, this action is categorically excluded from

[[Page 17108]]

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 www.stb.gov.
    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.

    Decided: March 22, 2022.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2022-06338 Filed 3-24-22; 8:45 am]
BILLING CODE 4915-01-P