[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Notices]
[Page 21736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10746]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35244]


Illinois Central Railroad Company[horbar]Trackage Rights 
Exemption[horbar]Wisconsin Central Ltd.

    Pursuant to a written trackage rights agreement dated April 16, 
2009, Illinois Central Railroad Company (IC) has agreed to grant 
nonexclusive overhead and interchange trackage rights to Wisconsin 
Central Ltd. (WCL) \1\ on: (1) IC's Chicago Subdivision extending 
between the connection with Grand Trunk Western Railroad Company 
trackage at or near milepost 19.9 (North Junction) at Harvey, IL, and 
milepost 1.5 (16th Street) at Chicago, IL; (2) IC's Freeport 
Subdivision extending between milepost 2.1 (16th Street) at Chicago, 
IL, and the connection with The Belt Railway Company of Chicago 
trackage and the Chicago, Central & Pacific Railroad Company trackage 
at milepost 8.3 (Belt Crossing) at Chicago, IL; and (3) IC's Joliet 
Subdivision extending between milepost 3.5 (Bridgeport) at Chicago, IL, 
and the connection with the Indiana Harbor Belt Railway Company 
trackage at or near milepost 13.1 (CP Canal) at Argo, IL, a distance of 
approximately 34.2 miles, all in the State of Illinois.\2\
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    \1\ A redacted version of the trackage rights agreement between 
IC 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 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). 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 agreement is to enable 
WCL 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, WCL shall not 
perform any local freight service on the subject trackage.
    As a condition to this exemption, any employees 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. 35244, 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 Ave., 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. E9-10746 Filed 5-7-09; 8:45 am]
BILLING CODE 4915-01-P