Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices 42373

By the Board, Rachel D. Campbell, the operational information provided to By the Board, Rachel D. Campbell, Director, Office of Proceedings. the Board in CN—EJ&E. CN and its Director, Office of Proceedings. Jeffrey Herzig, carrier subsidiaries are directed to Kulunie L. Cannon, Clearance Clerk. submit this information, as well as a Clearance Clerk. [FR Doc. E9–20064 Filed 8–20–09; 8:45 am] color-coded map showing all 17 [FR Doc. E9–20054 Filed 8–20–09; 8:45 am] BILLING CODE 4915–01–P proposed trackage rights exemptions, by BILLING CODE 4915–01–P August 21, 2009. As a condition to this exemption, any DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION employees affected by the acquisition of Surface Transportation Board the trackage rights will be protected by Surface Transportation Board the conditions imposed in Norfolk and [STB Finance Docket No. 35265] Western Ry. Co.—Trackage Rights—BN, [STB Finance Docket No. 35264] Elgin, Joliet & Eastern Railway 354 I.C.C. 605 (1978), as modified in Elgin, Joliet & Eastern Railway Company—Trackage Rights Mendocino Coast Ry., Inc.—Lease and Company—Trackage Rights Exemption— Central, Ltd. Operate, 360 I.C.C. 653 (1980). Exemption— Central Railroad This notice is filed under 49 CFR Company Pursuant to a written trackage rights 1180.2(d)(7). If the notice contains false agreement dated July 13, 2009, Pursuant to a written trackage rights or misleading information, the Wisconsin Central, Ltd (WCL) has agreement dated July 13, 2009, Illinois exemption is void ab initio. Petitions to agreed to grant nonexclusive trackage Central Railroad Company (IC) has rights to Elgin, Joliet & Eastern Railway revoke the exemption under 49 U.S.C. agreed to grant nonexclusive trackage Company (EJE) over 27 miles of WCL’s 10502(d) may be filed at any time. The rights to Elgin, Joliet & Eastern Railway Waukesha Subdivision between WCL’s filing of a petition to revoke will not Company (EJE) over 27 miles of rail line connection with EJE at or near milepost automatically stay the effectiveness of owned by IC between milepost 7.9 at 37.9 at Leithton, IL and WCL’s the exemption. Stay petitions must be , IL (Lemoyne) and milepost 3.5 connection with CSX Transportation, filed by August 28, 2009 (at least 7 days at Chicago (Bridgeport) on IC’s Joliet Inc. at or near milepost 10.9 at Forest before the exemption becomes Subdivision; between IC’s connection Park, IL (Madison Street).1 effective). with The Belt Railway Company of The transaction is scheduled to be Pursuant to the Consolidated Chicago and the Chicago, Central & consummated on or about September 4, Appropriations Act, 2008, Public Law Pacific Railroad Company and milepost 2009, the effective date of the exemption No. 110–161, § 193, 121 Stat. 1844 8.3 at Chicago (Belt Crossing) and (30 days after the exemption is filed). (2007), nothing in this decision milepost 2.1 (16th Street) at Chicago on The purpose of the trackage rights is to authorizes the following activities at any IC’s Freeport Subdivision; and between enable EJE to efficiently handle freight solid waste rail transfer facility: milepost 1.5 (16th Street) at Chicago and movements between Leithon and Forest collecting, storing, or transferring solid IC’s connection to the Indiana Harbor park on WCL’s Waukesha Subdivision. waste outside of its original shipping Belt Railroad Company at milepost 17.9 The transaction also extends to all container; or separating or processing at Riverdale, IL (Highlawn) on IC’s 1 industry spurs, connecting tracks and solid waste (including baling, crushing, Chicago Subdivision. sidings now existent or hereafter The transaction is scheduled to be compacting, and shredding). The term constructed along the tracks to be used consummated on or about September 4, ‘‘solid waste’’ is defined in section 1004 here, and right-of-way for the tracks to 2009, the effective date of the exemption of the Solid Waste Disposal Act, 42 be used here, signals, interlocking (30 days after the exemption is filed). U.S.C. 6903. devices and plants, telegraph and The purpose of the trackage rights is to telephone lines, and other An original and 10 copies of all enable EJE to efficiently handle freight appurtenances necessary to the use of pleadings, referring to STB Finance movements between Lemoyne and those tracks. Docket No. 35265, must be filed with Highlawn on IC’s Chicago Subdivision. This is one of 17 notices of exemption the Surface Transportation Board, 395 E The transaction also extends to all for trackage rights in the Chicago area Street, SW., Washington, DC 20423– industry spurs, connecting tracks and submitted simultaneously by carrier 0001. In addition, a copy of each sidings now existent or hereafter subsidiaries of the Canadian National pleading must be served on Thomas J. constructed along the tracks to be used Railway Company (CN). We note that Healey, Counsel—Regulatory, CN, here, and right-of-way for the tracks to the involved lines of railroad were Homewood, IL 60430. be used here, signals, interlocking examined as part of the project area in Board decisions and notices are devices and plants, telegraph and Canadian National Railway Company telephone lines, and other available on our Web site at http:// and Grand Trunk Corporation— appurtenances necessary to the use of www.stb.dot.gov. Control—EJ&E West Company, Finance those tracks. Docket No. 35087 (STB served Dec. 24, It is ordered: This is one of 17 notices of exemption 2008) (CN—EJ&E). Neither CN nor any The carriers filing this notice and CN for trackage rights in the Chicago area of the carriers submitting these notices are hereby directed to file by August 21, submitted simultaneously by carrier has explained how the notices relate to 2009: (1) An explanation of how this subsidiaries of the Canadian National each other, or how they would impact notice relates to the 16 other notices Railway Company (CN). We note that filed simultaneously by carrier 1 A redacted version of the trackage rights subsidiaries of CN, (2) an explanation of 1 A redacted version of the trackage rights agreement between EJE and IC was filed with the agreement between EJE and IC was filed with the notice of exemption. The full version of the how these notices would impact the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), information provided to the Board in agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a CN—EJ&E, and (3) a color-coded map. was concurrently filed under seal along with a motion for protective order. The motion is being motion for protective order. The motion is being addressed in a separate decision. Decided: August 17, 2009. addressed in a separate decision.

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