Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices 42367

DEPARTMENT OF TRANSPORTATION submit this information, as well as a DEPARTMENT OF TRANSPORTATION color-coded map showing all 17 Surface Transportation Board proposed trackage rights exemptions, by Surface Transportation Board [STB Finance Docket No. 35273] August 21, 2009. As a condition to this exemption, any [STB Finance Docket No. 35276] Grand Trunk Western Railroad employees affected by the acquisition of Company—Trackage Rights the trackage rights will be protected by Central & Pacific Railroad Exemption— Central, Ltd. the conditions imposed in Norfolk and Company—Trackage Rights Western Ry. Co.—Trackage Rights—BN, Exemption— Central Railroad Pursuant to a written trackage rights 354 I.C.C. 605 (1978), as modified in Company agreement dated July 13, 2009, Mendocino Coast Ry., Inc.—Lease and Wisconsin Central, Ltd. (WCL) has Pursuant to a written trackage rights Operate, 360 I.C.C. 653 (1980). agreement dated July 13, 2009, Illinois agreed to grant nonexclusive trackage This notice is filed under 49 CFR Central Railroad Company (IC) has rights to Grand Trunk Western Railroad 1180.2(d)(7). If the notice contains false agreed to grant nonexclusive trackage Company (GTW) over WCL’s line of or misleading information, the rights to Chicago Central & Pacific railroad extending between the exemption is void ab initio. Petitions to Railroad Company (CCP) over IC’s line connection with Elgin, Joliet & Eastern revoke the exemption under 49 U.S.C. of railroad extending between milepost Railway Company trackage at or near 10502(d) may be filed at any time. The 3.5 (Bridgeport) at Chicago, IL, and the milepost 37.9 at Leithton, IL, and the filing of a petition to revoke will not connection with connection with CSX Transportation, automatically stay the effectiveness of Company trackage at or near milepost Inc. trackage at or near milepost 10.9 at the exemption. Stay petitions must be 36.7 (Jackson Street) at Joliet, IL, on IC’s Forest Park, IL (Madison Street), on filed by August 28, 2009 (at least 7 days Joliet Subdivision, a distance of WCL’s Waukesha Subdivision, a before the exemption becomes distance of approximately 27.0 miles, all approximately 33.2 miles, all in the effective). 1 1 State of Illinois. in the State of Illinois. Pursuant to the Consolidated The transaction is scheduled to be GTW proposes to consummate the Appropriations Act, 2008, Public Law consummated on or about September 3, transaction on or about September 3, 110–161, § 193, 121 Stat. 1844 (2007), 2009, the effective date of the exemption 2009, but the earliest it may be nothing in this decision authorizes the (30 days after the exemption is filed). consummated is September 4, 2009, the following activities at any solid waste The purpose of the trackage rights is to effective date of the exemption (30 days rail transfer facility: collecting, storing, enable CCP to efficiently handle freight after the exemption is filed). The or transferring solid waste outside of its movements between Bridgeport and purpose of the trackage rights is to original shipping container; or Joliet. The transaction also extends to all enable GTW to efficiently handle freight separating or processing solid waste industry spurs, connecting tracks and movements between Leithton and Forest (including baling, crushing, compacting, sidings now existent or hereafter Park. The transaction also extends to all and shredding). The term ‘‘solid waste’’ constructed along the tracks to be used industry spurs, connecting tracks and is defined in section 1004 of the Solid here, and right-of-way for the tracks to sidings now existent or hereafter Waste Disposal Act, 42 U.S.C. 6903. constructed along the tracks to be used An original and 10 copies of all be used here, signals, interlocking here, and right-of-way for the tracks to pleadings, referring to STB Finance devices and plants, telegraph and be used here, signals, interlocking Docket No. 35273, must be filed with telephone lines, and other devices and plants, telegraph and the Surface Transportation Board, 395 E appurtenances necessary to the use of telephone lines, and other Street, SW., Washington, DC 20423– those tracks. appurtenances necessary to the use of 0001. In addition, a copy of each This is one of 17 notices of exemption those tracks. pleading must be served on Thomas J. for trackage rights in the Chicago area This is one of 17 notices of exemption Healey, Counsel—Regulatory, CN, submitted simultaneously by carrier for trackage rights in the Chicago area 17641 S. Ashland Ave., Homewood, IL subsidiaries of the Canadian National submitted simultaneously by carrier 60430. Railway Company (CN). We note that subsidiaries of the Canadian National Board decisions and notices are the involved lines of railroad were Railway Company (CN). We note that available on our Web site at ‘‘http:// examined as part of the project area in the involved lines of railroad were www.stb.dot.gov.’’ Canadian National Railway Company examined as part of the project area in It is ordered: and Grand Trunk Corporation— Canadian National Railway Company The carriers filing this notice and CN Control—EJ&E West Company, Finance and Grand Trunk Corporation— are hereby directed to file by August 21, Docket No. 35087 (STB served Dec. 24, Control—EJ&E West Company, Finance 2009: (1) An explanation of how this 2008) (CN—EJ&E). Neither CN nor any Docket No. 35087 (STB served Dec. 24, notice relates to the 16 other notices of the carriers submitting these notices 2008) (CN—EJ&E). Neither CN nor any filed simultaneously by carrier has explained how the notices relate to of the carriers submitting these notices subsidiaries of CN, (2) an explanation of each other, or how they would impact has explained how the notices relate to how these notices would impact the the information provided to the Board each other, or how they would impact operational information provided to the in CN—EJ&E. CN and its carrier the operational information provided to Board in CN—EJ&E, and (3) a color- subsidiaries are directed to submit this the Board in CN—EJ&E. CN and its coded map. information, as well as a color-coded map showing all 17 proposed carrier subsidiaries are directed to Decided: August 17, 2009.

1 By the Board, Rachel D. Campbell, 1 A redacted version of the trackage rights Director, Office of Proceedings. A redacted version of the trackage rights agreement between WCL and GTW was filed with agreement between IC and CCP was filed with the the notice of exemption. The full version of the Kulunie L. Cannon, notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), Clearance Clerk. agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a was concurrently filed under seal along with a motion for protective order. The motion is being [FR Doc. E9–20078 Filed 8–20–09; 8:45 am] motion for protective order. The motion is being addressed in a separate decision. BILLING CODE 4915–01–P addressed in a separate decision.

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