[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Notices]
[Page 47781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23119]


-----------------------------------------------------------------------1


DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 32985]


Union Pacific Railroad Company--Trackage Rights Exemption--Elgin, 
Joliet and Eastern Railway Company

    Elgin, Joliet and Eastern Railway Company (EJ&E) has agreed to 
grant overhead trackage rights to Union Pacific Railroad Company (UP) 
over approximately 130 miles of rail lines extending from Waukegan, IL, 
on the north at the beginning of EJ&E's ownership near milepost 74, 
through milepost 29 at West Chicago, milepost 0 at Joliet, and milepost 
25 at Chicago Heights, IL, and Gary, IN (milepost 12 and milepost 45, 
including Kirk Yard), to milepost 0 at South Chicago, IL, including 
EJ&E's City Track Line between Gary and Goff, IN, and EJ&E's Whiting 
Line from Cavanaugh, IN, to Calumet Tower, IN.2 The trackage 
rights were scheduled to become effective on the date of final 
agreement of the parties but not sooner than August 28, 1996, the 
effective date of the exemption.3
---------------------------------------------------------------------------

    \1\  The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 11323-24.
    \2\  In addition to describing the proposed trackage rights, UP 
has recited that operation of those rights may require construction 
of some connecting track between the EJ&E and either the UP or 
another railroad. UP states that the construction would not require 
Board authorization and ``none is sought by this notice.'' 
Publication of this notice should not be deemed to be acquiescence 
by the Board in UP's characterization of the Board's jurisdiction 
over any such construction.
    \3\  A Petition to Reject, to Revoke, And/Or to Stay was filed 
in this proceeding (and also relates to STB Finance Docket No. 
32986) on August 27, 1996, by Joseph C. Szabo, for and on behalf of 
United Transportation Union-Illinois Legislative Board (UTU-IL). The 
City of West Chicago and the Brotherhood of Locomotive Engineers 
join with UTU-IL in separate petitions filed on August 27, 1996, and 
August 29, 1996, respectively. The petitions will be addressed in a 
separate decision or decisions.
---------------------------------------------------------------------------

    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 stay 
the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32985, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423 and served on: Joseph D. Anthofer, 
General Attorney, 1416 Dodge Street, #830, Omaha, NE 68179.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).

    Decided: September 4, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-23119 Filed 9-9-96; 8:45 am]
BILLING CODE 4915-00-P