[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Notices]
[Page 21737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10735]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35242]


Chicago Central & Pacific Railroad Company--Trackage Rights 
Exemption--Wisconsin Central Ltd.

    Pursuant to a written trackage rights agreement entered into 
between Chicago Central & Pacific Railroad Company (CCP) and Wisconsin 
Central Ltd. (WCL) on April 16, 2009,\1\ CCP has agreed to grant WCL 
nonexclusive overhead and interchange trackage rights between CCP's 
connection with the Elgin, Joliet & Eastern Railway Company (EJ&E) at 
or near CCP's milepost 35.7 at Munger, IL, and CCP's connection with 
The Belt Railway Company of Chicago and the Illinois Central Railroad 
Company at or near CCP's milepost 8.3 (Belt Crossing) at Chicago, IL, 
on CCP's Freeport Subdivision, a distance of approximately 27.4 miles, 
all in the State of Illinois.\2\
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    \1\ A redacted version of the trackage rights agreement between 
CCP and WCL 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 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). WCL 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 WCL, 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 WCL to 
efficiently handle overhead and interchange freight movements between 
Munger and Belt Crossing at Chicago. 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, WCL 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 
No. 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. 35242, 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.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-10735 Filed 5-7-09; 8:45 am]
BILLING CODE 4915-01-P