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34890 SERVICE DATE - JULY 30, 2004
DO
FR-4915-01-P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34508]
Central Railroad Company of Indianapolis–Lease and Operation Exemption–CSX
Transportation, Inc.
The Central Railroad Company of Indianapolis, Chicago, Ft. Wayne & Eastern
Railroad Division (CFER), a Class III rail carrier, has filed a verified notice of exemption
under 49 CFR 1150.41 to lease and operate, pursuant to an agreement with CSX
Transportation, Inc. (CSXT), approximately 273 miles of rail line as follows: (1) the Fort
Wayne line between Adams, IN, milepost QF 314.0, and Crestline, OH, milepost
QF 191.3; (2) the Fort Wayne Secondary between Tolleston, IN, milepost QF 441.8, and
Adams, IN, milepost QF 314.0; (3) the Decatur Second between Adams, IN, milepost
QFD 86.6, and Decatur, IN, milepost QFD 70.4; and (4) the Spore Industrial Track
between Bucyrus, OH, milepost QFS 69.32, and Spore, OH, milepost QFS 62.85. In
addition, CFER will acquire incidental trackage rights over New York Central Lines
LLC’s (NYC) Fort Wayne Secondary, operated by CSXT, between approximate milepost
PC 441.0 near Tolleston, IN, and the connection of NYC’s East-West Line, operated by
CSXT, with lines of Indiana Harbor Belt Railroad Company (IHB) at IHB milepost 7.0
approximately at Calumet Park, IL, via: (1) NYC’s Fort Wayne Secondary between
milepost 441.0 and connection of Fort Wayne Secondary with CSXT’s Porter Branch at
Porter Branch milepost 255.1 at Tolleston; (2) Porter Branch between milepost 255.1 and
connection of Porter Branch with CSXT’s East-West Line at Porter Branch
milepost 259.5 at CP Ivanhoe, IN; and (3) East-West Line between milepost 255.1 and
the connection of the East-West Line with IHB-owned trackage at approximately IHB
milepost 7.0 at Calumet Park, IL, a total distance of approximately 12.2 miles.
Because CFER’s projected annual revenues will exceed $5 million, CFER
certified to the Board on May 20, 2004, that it sent the required notice of the transaction
on May 18, 2004, to the national offices of all labor unions representing employees on
the line and posted a copy of the notice at the workplace of the CSXT employees on the
affected lines on May 18, 2004. See 49 CFR 1150.42(e).
The transaction is scheduled
to be consummated on August 1, 2004.
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 transaction.
An original and 10 copies of all pleadings, referring to STB Finance Docket
No. 34508, must be filed with the Surface Transportation Board, 1925 K Street, N.W.,
Washington, DC 20423-0001. In addition, a copy of each pleading must be served
on: Gary A. Laakso, Vice President Regulatory Counsel, Central Railroad Company of
Indianapolis, 5300 Broken Sound Blvd., NW, Boca Raton, FL 33487, and Louis E.
Gitomer, Ball Janik LLP, 1455 F Street, NW, Suite 225, Washington, DC 20005.
Board decisions and notices are available on our website at
“WWW.STB.DOT.GOV.”
Decided: July 26, 2004.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams
Secretary
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