[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Notices]
[Page 7634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2342]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 27843 (Sub-No. 1)]


Union Pacific Railroad Company--Trackage Rights Exemption 
(Modification)--Iowa, Chicago & Eastern Railroad Corp.

    Iowa, Chicago & Eastern Railroad Corp. (ICE) has agreed to modify 
an existing overhead trackage rights agreement which permits Union 
Pacific Railroad Company (UP) to operate over ICE's rail line extending 
between milepost 192.83 at Emmetsburg, IA, and milepost 236.52 at 
Hartley, IA, a distance of 43.69 miles (the line).\1\
---------------------------------------------------------------------------

    \1\ ICE and UP are parties to an agreement dated November 19, 
1974, as amended, by which ICE's predecessor in interest, Chicago, 
Milwaukee, St. Paul and Pacific Railroad Company, granted to UP's 
predecessor in interest, Chicago, Rock Island and Pacific Railroad 
Company, overhead trackage rights over the line.
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on February 22, 
2008, the effective date of the exemption (30 days after the exemption 
was filed).
    The purpose of this transaction is to modify (pursuant to an 
agreement dated May 22, 2007) the terms of the existing trackage rights 
agreement by granting UP the right to set out and pick up traffic at 
the VeraSun Hartley, LLC (VeraSun) facility at Hartley, IA, for so long 
as this facility is operated by VeraSun, its successors or assigns.
    As a condition to this exemption, any employee 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 15, 2008 (at least 7 days before the 
exemption becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: Collecting, storing or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 27843 (Sub-No. 1), must be filed with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In 
addition, one copy of each pleading must be served on Gabriel S. Meyer, 
Assistant General Attorney, 1400 Douglas Street, STOP 1580, Omaha, NE., 
68179.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 4, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-2342 Filed 2-7-08; 8:45 am]
BILLING CODE 4915-01-P