[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Notices]
[Page 7506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2443]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34979]


BNSF Railway Company--Trackage Rights Exemption--Grand Trunk 
Western Railroad Incorporated

    Pursuant to a written trackage rights agreement dated December 18, 
2006, Grand Trunk Western Railroad Incorporated (CN) has agreed to 
grant overhead trackage rights to BNSF Railway Company (BNSF) over a 
line of railroad known as CN's Elsdon Subdivison extending between the 
connection with Norfolk Southern Corporation (NS) trackage at or near 
CN's milepost 8.5 and the connection with NS at the west end of CN's 
Fence Track at or near CN's milepost 6.1, a distance of approximately 
2.4 miles, all within the State of Illinois.\1\
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    \1\ A redacted version of the trackage rights agreement between 
CN and BNSF was filed with the notice of exemption. The full version 
of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was 
concurrently filed under seal along with a motion for protective 
order. The motion is being addressed in a separate decision.
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    The transaction is scheduled to be consummated on March 1, 2007.\2\
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    \2\ The trackage rights agreement provides for an initial term 
of 20 years from December 18, 2006, and that BNSF shall have the 
right to terminate the agreement upon advising CN 60 days in advance 
by written notice. The parties must seek appropriate Board authority 
for the trackage rights to expire.
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    The purpose of the trackage rights is the movement of specific 
traffic between Corwith, IL, and Railport, IL. BNSF will operate its 
own trains with its own crews over the line.
    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 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 22, 2007 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34979, 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 Sidney L. Strickland Jr., 
Sidney Strickland and Associates, PLLC, 3050 K Street, NW., Suite 101, 
Washington, DC 20007.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: February 6, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 FR Doc. E7-2443 Filed 2-14-07; 8:45 am]
BILLING CODE 4915-01-P