[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67307-67308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30082]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35325]


CSX Transportation, Inc.--Trackage Rights Exemption--Illinois 
Central Railroad Company

    Pursuant to a written trackage rights agreement, Illinois Central 
Railroad Company (IC) has agreed to grant limited overhead trackage 
rights to CSX Transportation, Inc. (CSXT),\1\ over IC's line of 
railroad between: (1) The Decatur Street road crossing, at or near 
milepost 77.7, and milepost 76.7, on IC's Peoria Subdivision, including 
IC's connection with CSXT, a distance of approximately 1 mile; (2) 
milepost 30.5 and milepost 28.6 on IC's Peoria Subdivision (Green 
Switch Spur), a distance of approximately 1.9 miles; and (3) IC's lead 
track from its connection to the Green Switch Spur to IC's connection 
with the Archer Daniel Midland Company's Run-Around-Yard (ADM 
facilities) on IC's Peoria Subdivision, a distance of approximately 0.7 
miles. The entire length of the lines is 3.6 miles, all in Decatur, IL. 
The trackage rights also include the use of: All sidings, yard tracks, 
and yard leads now existent or hereafter constructed along the tracks; 
and the right-of-way for the tracks to be used, signals, interlocking 
devices and plants, telegraph and telephone lines, and other 
appurtenances necessary to the use of the tracks.
---------------------------------------------------------------------------

    \1\ A redacted version of the trackage rights agreement between 
IC and CSXT 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.
---------------------------------------------------------------------------

    The transaction is schedule to be consummated on or shortly after 
January 3, 2010, the effective date of the exemption (30 days after the 
exemption is filed).
    The purpose of the trackage rights is to allow CSXT to provide more 
efficient service to the ADM facilities, via trackage rights rather 
than reciprocal switching.
    As a condition to this exemption, any employees 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

[[Page 67308]]

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 
December 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. 35325, 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 Louis E. Gitomer, Law Offices 
of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 
21204, and Steven C. Armbrust, Esq., CSX Transportation, Inc., 500 
Water Street J-150, Jacksonville, FL 32202.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: December 14, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-30082 Filed 12-17-09; 8:45 am]
BILLING CODE 4915-01-P