[Federal Register Volume 68, Number 70 (Friday, April 11, 2003)]
[Notices]
[Page 17858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8843]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34177 (Sub-No. 1)]


Iowa, Chicago & Eastern Railroad Corporation--Trackage Rights 
Exemption--Commuter Rail Division of Regional Transportation Authority 
of Northeast Illinois and Soo Line Railroad Company

    Soo Line Railroad Company, d/b/a Canadian Pacific Railway (CPR), 
will agree to grant overhead trackage rights \1\ to Iowa, Chicago & 
Eastern Railroad Corporation (IC&E) \2\ over: (1) A line of railroad 
owned by Metra, between milepost 40.3, near Pingree Grove, IL, and the 
connection with Belt Railway Company of Chicago (BRC) at milepost 6.6, 
at Cragin Junction, Chicago, IL, a distance of approximately 33.7 
miles;\3\ and (2) certain CPR-owned connecting track at Tower B-12 in 
Franklin Park, IL, as necessary to connect and interchange with the 
Indiana Harbor Belt Railroad Company at that location.
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    \1\ On March 25, 2003, IC&E concurrently filed a motion for a 
protective order pursuant to 49 CFR 1104.14(b) for a draft Trackage 
Rights Agreement between IC&E and CPR. The draft Trackage Rights 
Agreement was submitted under seal, as Exhibit 2 to the notice of 
exemption. By decision served on April 4, 2003, the Board granted 
IC&E's motion for a protective order.
    In its motion, IC&E explains that, pursuant to a separate 
contract between CPR and the Commuter Rail Division of the Regional 
Transportation Authority of Northeast Illinois, d/b/a Metra (Metra), 
CPR has certain rights to admit a third party to use of the subject 
line owned by Metra. IC&E states that CPR is admitting it to the 
Metra line as such a third-party user, and that the trackage rights 
agreement is solely between CPR and IC&E. IC&E advises that CPR's 
admittance of IC&E to the Metra line is with the consent of Metra.
    \2\ IC&E is a Class II rail carrier operating approximately 1400 
miles of trackage in the states of Iowa, Illinois, Kansas, Missouri, 
Minnesota, and Wisconsin. IC&E began rail operations on July 30, 
2002, after acquiring the rail lines of I&M Rail Link, LLC. See 
Iowa, Chicago & Eastern Railroad Corporation--Acquisition and 
Operation Exemption--Lines of I&M Rail Link, LLC, STB Finance Docket 
No. 34177 (STB served June 12, 2002, July 22, 2002, and Jan. 21, 
2003).
    \3\ The proposed Metra trackage rights permit IC&E to connect 
and interchange with BRC at Cragin Junction (including the use of 
CPR's Galewood Yard at Cragin Junction in connection with movements 
to and from BRC), CPR at Bensenville Yard in Bensenville, IL, and 
Elgin, Joliet & Eastern Railway Company at Spaulding, IL.
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    The transaction was scheduled to be consummated on April 1, 2003, 
the effective date of the exemption.
    The purpose of the trackage rights is to allow IC&E to effectively 
and efficiently interchange traffic in the Chicago terminal on a 
permanent basis.
    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).
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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. 34177 (Sub-No. 1), must be filed with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on Thomas J. Litwiler, 
Fletcher & Sippel LLC, Two Prudential Plaza, Suite 3125, 180 North 
Stetson Avenue, Chicago, IL 60601-6721.
    Board decisions and notices are available on our website at http://www.stb.dot.gov.

    Decided: April 4, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-8843 Filed 4-10-03; 8:45 am]
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