[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Pages 42373-42374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20055]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35264]


Elgin, Joliet & Eastern Railway Company--Trackage Rights 
Exemption[horbar]Illinois Central Railroad Company

    Pursuant to a written trackage rights agreement dated July 13, 
2009, Illinois Central Railroad Company (IC) has agreed to grant 
nonexclusive trackage rights to Elgin, Joliet & Eastern Railway Company 
(EJE) over 27 miles of rail line owned by IC between milepost 7.9 at 
Chicago, IL (Lemoyne) and milepost 3.5 at Chicago (Bridgeport) on IC's 
Joliet Subdivision; between IC's connection with The Belt Railway 
Company of Chicago and the Chicago, Central & Pacific Railroad Company 
and milepost 8.3 at Chicago (Belt Crossing) and milepost 2.1 (16th 
Street) at Chicago on IC's Freeport Subdivision; and between milepost 
1.5 (16th Street) at Chicago and IC's connection to the Indiana Harbor 
Belt Railroad Company at milepost 17.9 at Riverdale, IL (Highlawn) on 
IC's Chicago Subdivision.\1\
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    \1\ A redacted version of the trackage rights agreement between 
EJE and IC 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 or about 
September 4, 2009, the effective date of the exemption (30 days after 
the exemption is filed). The purpose of the trackage rights is to 
enable EJE to efficiently handle freight movements between Lemoyne and 
Highlawn on IC's Chicago Subdivision. 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.
    This is one of 17 notices of exemption for trackage rights in the 
Chicago area submitted simultaneously by carrier subsidiaries of the 
Canadian National Railway Company (CN). We note that

[[Page 42374]]

the involved lines of railroad were examined as part of the project 
area in Canadian National Railway Company and Grand Trunk Corporation--
Control--EJ&E West Company, Finance Docket No. 35087 (STB served Dec. 
24, 2008) (CN--EJ&E). Neither CN nor any of the carriers submitting 
these notices has explained how the notices relate to each other, or 
how they would impact the operational information provided to the Board 
in CN--EJ&E. CN and its carrier subsidiaries are directed to submit 
this information, as well as a color-coded map showing all 17 proposed 
trackage rights exemptions, by August 21, 2009.
    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 August 28, 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. 35264, 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.
    It is ordered:
    The carriers filing this notice and CN are hereby directed to file 
by August 21, 2009: (1) An explanation of how this notice relates to 
the 16 other notices filed simultaneously by carrier subsidiaries of 
CN, (2) an explanation of how these notices would impact the 
information provided to the Board in CN--EJ&E, and (3) a color-coded 
map.

    Decided: August 17, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-20055 Filed 8-20-09; 8:45 am]
BILLING CODE 4915-01-P