[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Page 7239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2816]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35453]


Elkhart & Western Railroad Co.--Trackage Rights Exemption--Fulton 
County, LLC, d/b/a Fulton County Railroad

    Pursuant to a written trackage rights agreement, Fulton County, 
LLC, d/b/a Fulton County Railroad (FCRR) has agreed to grant local 
trackage rights to Elkhart & Western Railroad Co. (EWR) over 
approximately 11.7 miles of rail line between milepost I-108.6 near 
Argos and milepost I-96.9 at Rochester, in Marshall and Fulton 
Counties, Ind.\1\
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    \1\ By letter filed on January 26, 2011, EWR amended its notice 
to correct the milepost designations and the mileage for the rail 
line, and to include the proposed consummation date of the 
transaction. It also clarified that the transaction involves local 
trackage rights.
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    The transaction is scheduled to be consummated on February 24, 
2011.
    The purpose of the transaction is to allow EWR to provide continued 
rail service to FCRR customers and to allow direct interchange of FCRR 
customers' traffic with Norfolk Southern Railway Co. at Argos.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease and 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the 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. Stay petitions 
must be filed by February 16, 2011 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35453, 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 Daniel A. LaKemper, General Counsel, Elkhart 
& Western Railroad Co., 1318 S. Johanson Road, Peoria, IL 61607.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 3, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-2816 Filed 2-8-11; 8:45 am]
BILLING CODE 4915-01-P