21736 Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Notices By the Board, Rachel D. Campbell, The transaction is scheduled to be By the Board, Rachel D. Campbell, Director, Office of Proceedings. consummated on or about May 23, 2009, Director, Office of Proceedings. Jeffrey Herzig, the effective date of the exemption (30 Jeffrey Herzig, Clearance Clerk. days after the exemption is filed). The Clearance Clerk. [FR Doc. E9–10732 Filed 5–7–09; 8:45 am] purpose of the trackage rights agreement [FR Doc. E9–10746 Filed 5–7–09; 8:45 am] BILLING CODE 4915–01–P is to enable WCL to efficiently handle BILLING CODE 4915–01–P overhead and interchange freight movements between Harvey and Argo. DEPARTMENT OF TRANSPORTATION The transaction also extends to all DEPARTMENT OF TRANSPORTATION industry spurs, connecting tracks, and Surface Transportation Board sidings now existent or hereafter Surface Transportation Board [STB Finance Docket No. 35244] constructed along the tracks to be used [STB Finance Docket No. 35243] here, and right-of-way for the tracks to Illinois Central Railroad Company— be used here, signals, interlocking Grand Trunk Western Railroad Trackage Rights Exemption— devices and plants, telegraph and Company—Trackage Rights Wisconsin Central Ltd. telephone lines, and other Exemption—Wisconsin Central Ltd. appurtenances necessary to the use of Pursuant to a written trackage rights those tracks. Under the trackage rights Pursuant to a written trackage rights agreement dated April 16, 2009, Illinois agreement, WCL shall not perform any agreement dated April 16, 2009, Grand Central Railroad Company (IC) has local freight service on the subject Trunk Western Railroad Company agreed to grant nonexclusive overhead trackage. (GTW) has agreed to grant nonexclusive and interchange trackage rights to As a condition to this exemption, any overhead and interchange trackage Wisconsin Central Ltd. (WCL) 1 on: (1) employees affected by the acquisition of rights to Wisconsin Central Ltd. (WCL) 1 IC’s Chicago Subdivision extending the trackage rights will be protected by over a line of railroad known as GTW’s between the connection with Grand the conditions imposed in Norfolk and Elsdon Subdivision extending between Trunk Western Railroad Company Western Ry. Co.—Trackage Rights—BN, the connection with Illinois Central trackage at or near milepost 19.9 (North 354 I.C.C. 605 (1978), as modified in Railroad Company trackage at or near Junction) at Harvey, IL, and milepost 1.5 Mendocino Coast Ry., Inc.—Lease and milepost 23.2 (CN Junction) at Harvey, (16th Street) at Chicago, IL; (2) IC’s Operate, 360 I.C.C. 653 (1980). IL, and the connection with The Belt Freeport Subdivision extending between This notice is filed under 49 CFR Railway Company of Chicago trackage at milepost 2.1 (16th Street) at Chicago, IL, 1180.2(d)(7). If the notice contains false milepost 11.8 (Hayford Jct.) at Chicago, and the connection with The Belt or misleading information, the IL, a distance of approximately 11.4 Railway Company of Chicago trackage exemption is void ab initio. Petitions to miles, all in the State of Illinois.2 and the Chicago, Central & Pacific revoke the exemption under 49 U.S.C. The transaction is scheduled to be Railroad Company trackage at milepost 10502(d) may be filed at any time. The consummated on or about May 23, 2009, 8.3 (Belt Crossing) at Chicago, IL; and filing of a petition to revoke will not the effective date of the exemption (30 (3) IC’s Joliet Subdivision extending automatically stay the effectiveness of days after the exemption is filed). The between milepost 3.5 (Bridgeport) at the exemption. Stay petitions must be purpose of the trackage rights is to Chicago, IL, and the connection with the filed by May 15, 2009 (at least 7 days enable WCL to efficiently handle Indiana Harbor Belt Railway Company before the exemption becomes overhead and interchange freight trackage at or near milepost 13.1 (CP effective). movements between Harvey and Canal) at Argo, IL, a distance of Pursuant to the Consolidated Hayford Jct. The transaction also approximately 34.2 miles, all in the Appropriations Act, 2008, Public Law extends to all industry spurs, State of Illinois.2 110–161, § 193, 121 Stat. 1844 (2007), connecting tracks, and sidings now nothing in this decision authorizes the 1 A redacted version of the trackage rights following activities at any solid waste 1 A redacted version of the trackage rights agreement between IC and WCL was filed with the agreement between GTW and WCL was filed with notice of exemption. The full version of the rail transfer facility: collecting, storing, the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), or transferring solid waste outside of its agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a original shipping container; or was concurrently filed under seal along with a motion for protective order. The motion is being separating or processing solid waste motion for protective order. The motion is being addressed in a separate decision. (including baling, crushing, compacting, addressed in a separate decision. 2 The Board recently approved the acquisition of 2 The Board recently approved the acquisition of control by Canadian National Railway Company and shredding). The term ‘‘solid waste’’ control by Canadian National Railway Company and Grand Trunk Corporation (collectively, CN) of is defined in section 1004 of the Solid and Grand Trunk Corporation (collectively, CN) of EJ&E West Company (EJ&EW), a wholly owned, Waste Disposal Act, 42 U.S.C. 6903. EJ&E West Company (EJ&EW), a wholly owned, noncarrier subsidiary of Elgin, Joliet and Eastern An original and 10 copies of all noncarrier subsidiary of Elgin, Joliet and Eastern Railway Company (EJ&E), with EJ&EW acquiring Railway Company (EJ&E), with EJ&EW acquiring certain land and rail line assets from EJ&E, pleadings, referring to STB Finance certain land and rail line assets from EJ&E, including EJ&E’s name, and becoming a rail carrier Docket No. 35244, must be filed with including EJ&E’s name, and becoming a rail carrier prior to CN acquiring control of it. See Canadian the Surface Transportation Board, 395 E prior to CN acquiring control of it. See Canadian National Railway Company and Grand Trunk Street, SW., Washington, DC 20423– National Railway Company and Grand Trunk Corporation—Control—EJ&E West Company, STB Corporation—Control—EJ&E West Company, STB Finance Docket No. 35087, (STB served Dec. 24, 0001. In addition, a copy of each Finance Docket No. 35087, (STB served Dec. 24, 2008). WCL states that, during recent exercises to pleading must be served on Thomas J. 2008). WCL states that, during recent exercises to implement EJ&E into CN’s operations around the Healey, Counsel—Regulatory, CN, implement EJ&E into CN’s operations around the Chicago area, it was determined that the rights 17641 S. Ashland Ave., Homewood, IL Chicago area, it was determined that the rights documented in this trackage rights agreement were documented in this trackage rights agreement were established several years ago, implementing 60430. established several years ago, implementing agreements were negotiated and executed with the Board decisions and notices are agreements were negotiated and executed with the affected unions, and operations were commenced. available on our Web site at ‘‘http:// affected unions, and operations were commenced. According to WCL, this filing is being made to www.stb.dot.gov.’’ According to WCL, this filing is being made to assure that all necessary Board authorization has assure that all necessary Board authorization has been secured. Decided: May 4, 2009. been secured. VerDate Nov<24>2008 17:51 May 07, 2009 Jkt 217001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\08MYN1.SGM 08MYN1 hsrobinson on PROD1PC76 with NOTICES.