[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Page 21390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9449]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35362]


Elgin, Joliet and Eastern Railway Company--Trackage Rights 
Exemption--Chicago, Central & Pacific Railroad Company

    Pursuant to a written amended trackage rights agreement dated March 
22, 2010, Chicago, Central & Pacific Railroad Company (CCP) has agreed 
to amend its existing overhead trackage rights agreement with Elgin, 
Joliet and Eastern Railway Company (EJ&E) over 27.4 miles of rail line 
owned by CCP between milepost 35.7 in Munger, Ill., and milepost 8.3 at 
Belt Crossing, Ill.\1\
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    \1\ EJ&E and CCP are indirect subsidiaries of Canadian National 
Railway Company. EJ&E states that the Amended Agreement modifies the 
original trackage rights previously granted to EJ&E when it was 
known as EJ&E West Company.
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    EJ&E proposes a consummation date of May 6, 2010, but the earliest 
the transaction may be consummated is May 7, 2010, the effective date 
of the exemption (30 days after the exemption is filed).
    Under the agreement, the amended trackage rights will allow EJ&E to 
interchange traffic with CCP at CCP's Hawthorne Yard, an intermediate 
point between Munger and Belt Crossing at or near milepost 8.9.
    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 Railway Co.--Trackage Rights--Burlington 
Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast 
Railway, Inc.--Lease and Operate--California Western Railroad, 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 April 30, 2010 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35362, 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 Jeremy M. Berman, Fletcher & Sippel LLC, 29 
N. Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at: 
http://www.stb.dot.gov.

    Decided: April 19, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-9449 Filed 4-22-10; 8:45 am]
BILLING CODE 4915-01-P