[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Notices]
[Pages 21735-21736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10732]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35241]


Illinois Central Railroad Company--Trackage Rights Exemption--
Grand Trunk Western Railroad Company

    Pursuant to a written trackage rights agreement entered into 
between Illinois Central Railroad Company (IC) and Grand Trunk Western 
Railroad Company (GTW) on April 16, 2009,\1\ IC has agreed to grant GTW 
non-exclusive overhead and interchange trackage rights: (1) Over IC's 
line of railroad between IC's connection with GTW at or near milepost 
19.9 (North Junction) at Harvey, IL, and milepost 1.5 (16th Street) at 
Chicago, IL, on IC's Chicago Subdivision; (2) over IC's line of 
railroad between milepost 2.1 (16th Street) at Chicago, IL, and 
milepost 4.4 (Bridgeport) at Chicago, IL, on IC's Freeport Subdivision; 
and (3) over IC's line of railroad between milepost 3.5 (Bridgeport) at 
Chicago, IL, and IC's connection with the Indiana Harbor Belt Railroad 
Company at or near milepost 13.1 (CP Canal) at Argo, IL, on IC's Joliet 
Subdivision, a total distance of approximately 30.3 miles, all in the 
State of Illinois.\2\
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    \1\ A redacted version of the trackage rights agreement between 
IC and GTW 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.
    \2\ The Board recently approved the acquisition of control by 
Canadian National Railway Company and Grand Trunk Corporation 
(collectively, CN) of EJ&E West Company (EJ&EW), a wholly owned, 
noncarrier subsidiary of Elgin, Joliet and Eastern Railway Company 
(EJ&E), with EJ&EW acquiring certain land and rail line assets from 
EJ&E, including EJ&E's name, and becoming a rail carrier prior to CN 
acquiring control of it. See Canadian National Railway Company and 
Grand Trunk Corporation--Control--EJ&E West Company, STB Finance 
Docket No. 35087, (STB served Dec. 24, 2008). GTW states that, 
during recent exercises to implement EJ&E into CN's operations 
around the Chicago area, it was determined that the rights 
documented in this trackage rights agreement were established 
several years ago, implementing agreements were negotiated and 
executed with the affected unions, and operations were commenced. 
According to GTW, this filing is being made to assure that all 
necessary Board authorization has been secured.
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    The transaction is scheduled to be consummated on or about May 23, 
2009, the effective date of the exemption (30 days after the exemption 
is filed). The purpose of the trackage rights is to enable GTW to 
efficiently handle overhead and interchange freight movements between 
Harvey and Argo. The transaction also extends to all industry spurs, 
connecting tracks and sidings now existent or hereafter constructed 
along the tracks to be used here, and right-of-way for the tracks to be 
used here, signals, interlocking devices and plants, telegraph and 
telephone lines, and other appurtenances necessary to the use of those 
tracks. Under the trackage rights agreement, GTW shall not perform any 
local freight service on the subject trackage.
    As a condition to this exemption, any employee affected by the 
acquisition of 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 May 15, 2009 (at least 7 days before the exemption 
becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, Sec.  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. 35241, 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 Thomas J. Healey, Counsel--
Regulatory, CN, 17641 S. Ashland Avenue, Homewood, IL 60430.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: May 4, 2009.


[[Page 21736]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-10732 Filed 5-7-09; 8:45 am]
BILLING CODE 4915-01-P