[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Page 50141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19937]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35753]


Illinois Central Railroad Company--Trackage Rights Exemption--
BNSF Railway Company

    BNSF Railway Company (BNSF), pursuant to a written trackage rights 
agreement dated June 17, 2013, has agreed to grant overhead trackage 
rights to Illinois Central Railroad Company (IC), a wholly owned, 
indirect subsidiary of Canadian National Railway Company, over BNSF's 
Thayer South Subdivision, between milepost 483.8 at CN Junction and 
milepost 485.8 at KC Junction in Memphis, Shelby County, Tenn., a 
distance of approximately 2.0 miles.\1\
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    \1\ A redacted trackage rights agreement between IC and BNSF was 
filed with the notice of exemption. An unredacted version was filed 
under seal along with a motion for protective order, which will be 
addressed in a separate decision.
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    The transaction is scheduled to be consummated on or after August 
30, 2013, the effective date of the exemption (30 days after the 
exemption was filed).
    The purpose of the transaction is to permit IC to interchange 
loaded and empty cars with the Norfolk Southern Railroad Company (NS) 
at NS's Forrest Yard.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
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. Petitions for stay must be filed by 
August 23, 2013 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35753, 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 Audrey L. Brodrick, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: August 13, 2013.
    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-19937 Filed 8-15-13; 8:45 am]
BILLING CODE 4915-01-P