Elgin, Joliet & Eastern Railway Company-Intra-Corporate Family Lease Exemption-Illinois Central Railroad Company, 10992 [E9-5129]
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10992
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
requested that it find ways to reduce
TIH shipments in order to reduce TIH
transportation risks.
On July 22, 2008, the Board held a
public hearing in STB Ex Parte 677
(Sub-No. 1) to examine issues related to
the common carrier obligation of
railroads with respect to the
transportation of hazardous materials.
Comments were filed in that proceeding
by the railroads (including UP) and TIH
shippers. Many of the comments
touched on the issues that are likely to
arise in this proceeding. Thus, the
parties that participated in STB Ex Parte
677 (Sub-No. 1) may have an interest in
the issues raised in this proceeding.
Under 5 U.S.C. 554(e), the Board has
discretionary authority to issue a
declaratory order to terminate a
controversy or remove uncertainty. A
declaratory order proceeding is thus
instituted in this proceeding to invite
broad public comment. Any person
seeking to comment on UP’s petition
may submit written comments to the
Board regarding the extent of UP’s
common carrier obligation to quote rates
for new, lengthy movements of chlorine,
where the transportation would require
movement through HTUAs and other
large communities to destinations where
an ample supply of chlorine may be
available from nearby sources.
In its petition, UP urges the Board to
consult with TSA and the Federal
Railroad Administration (FRA) because
UP suggests that a decision by the Board
in this proceeding could conflict with
TSA and FRA policies. Because the
Board’s consideration of the issues
raised by UP’s petition may relate to
statutes and regulations governed by
TSA, FRA, and other agencies, any
agency with an interest in the outcome
of these issues is encouraged to
comment.
Board decisions, notices, and filings
in this and other Board proceedings are
available on our Web site at https://
www.stb.dot.gov.
Decided: March 10, 2009.
By the Board, Joseph H. Dettmar, Acting
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–5456 Filed 3–12–09; 8:45 am]
sroberts on PROD1PC70 with NOTICES
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35224]
Elgin, Joliet & Eastern Railway
Company—Intra-Corporate Family
Lease Exemption—Illinois Central
Railroad Company
Elgin, Joliet & Eastern Railway
Company (EJ&E), a Class II rail common
carrier, filed a verified notice of
exemption under 49 CFR 1180.2(d)(3)
for an intra-corporate family lease of a
line of railroad of Illinois Central
Railroad Company (IC), a Class I rail
common carrier, in Will County, IL.1
Pursuant to the lease agreement entered
into by EJ&E and IC, EJ&E will lease
from IC a line of rail from milepost 41.0
to milepost 39.43, near Plaines, IL, a
distance of approximately 1.57 miles. IC
will retain its right to use the line to
serve any future industries on the line
and to access IC’s other rail operations
in the Joliet, IL area.
The transaction is scheduled to be
consummated on or shortly after March
29, 2009, the effective date of the
exemption.
The purpose of the transaction is to
allow EJ&E to store and spot railroad
cars delivered to a local power company
and thereby increase operating
efficiency.
This is a transaction within a
corporate family of the type specifically
exempted from prior review and
approval under 49 CFR 1180.2(d)(3).
EJ&E states that the transaction will not
result in adverse changes in service
levels, significant operational changes,
or any change in the competitive
balance between IC/EJ&E and carriers
outside the CN corporate family.
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. As a condition to the use of
this exemption, any employees
adversely affected by this transaction
will be protected by the conditions set
forth in Norfolk and Western Ry. Co.—
Trackage Rights—BN, 354 I.C.C. 605
(1978), as modified in Mendocino Coast
Ry., Inc.—Lease and Operate, 360 I.C.C.
653 (1980).
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
1 EJ&E and IC are wholly owned indirect
subsidiaries of Canadian National Railway
Corporation (CN).
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automatically stay the transaction.
Petitions for stay must be filed no later
than March 20, 2009 (at least 7 days
before the exemption becomes
effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35224, must be filed with
the Surface Transportation Board, 395 E
Street, NW., Washington, DC 20423–
0001. In addition, one copy of each
pleading must be served on Michael J.
Barron, Jr., Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 920, Chicago,
IL 60606–2832.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: March 4, 2009.
By the Board, Joseph H. Dettmar, Acting
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–5129 Filed 3–12–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35223]
Illinois Central Railroad Company—
Trackage Rights Exemption—
Wisconsin Central Ltd.
Pursuant to a written trackage rights
agreement entered into between Illinois
Central Railroad Company (IC) and
Wisconsin Central Ltd. (WC), IC has
agreed to grant non-exclusive overhead
and interchange trackage rights to WC
over IC’s line of railroad between
milepost 31.6 at University Park, IL
(Stuenkel Road), and milepost 20.1 at
Harvey, IL (South Junction), a distance
of approximately 11.5 miles (line).1
The transaction may be consummated
on or after March 28, 2009, the effective
date of the exemption (30 days after the
exemption was filed).
The purpose of the proposed
transaction is to enable WC to handle
efficiently overhead and interchange
freight movements between University
Park and Harvey. Under the trackage
rights agreement, WC shall not perform
any local freight service on the line. WC
does not indicate that the transaction
imposes interchange commitments. See
49 CFR 1180.4(g)(4).
As a condition to this exemption, any
employees affected by the acquisition of
1 A redacted version of the trackage rights
agreement between WC and IC was filed with the
notice of exemption. The full version was
concurrently filed under seal along with a motion
for protective order, which will be addressed in a
separate decision.
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13MRN1
Agencies
[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Page 10992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5129]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35224]
Elgin, Joliet & Eastern Railway Company--Intra-Corporate Family
Lease Exemption--Illinois Central Railroad Company
Elgin, Joliet & Eastern Railway Company (EJ&E), a Class II rail
common carrier, filed a verified notice of exemption under 49 CFR
1180.2(d)(3) for an intra-corporate family lease of a line of railroad
of Illinois Central Railroad Company (IC), a Class I rail common
carrier, in Will County, IL.\1\ Pursuant to the lease agreement entered
into by EJ&E and IC, EJ&E will lease from IC a line of rail from
milepost 41.0 to milepost 39.43, near Plaines, IL, a distance of
approximately 1.57 miles. IC will retain its right to use the line to
serve any future industries on the line and to access IC's other rail
operations in the Joliet, IL area.
---------------------------------------------------------------------------
\1\ EJ&E and IC are wholly owned indirect subsidiaries of
Canadian National Railway Corporation (CN).
---------------------------------------------------------------------------
The transaction is scheduled to be consummated on or shortly after
March 29, 2009, the effective date of the exemption.
The purpose of the transaction is to allow EJ&E to store and spot
railroad cars delivered to a local power company and thereby increase
operating efficiency.
This is a transaction within a corporate family of the type
specifically exempted from prior review and approval under 49 CFR
1180.2(d)(3). EJ&E states that the transaction will not result in
adverse changes in service levels, significant operational changes, or
any change in the competitive balance between IC/EJ&E and carriers
outside the CN corporate family.
Under 49 U.S.C. 10502(g), the Board may not use its exemption
authority to relieve a rail carrier of its statutory obligation to
protect the interests of its employees. As a condition to the use of
this exemption, any employees adversely affected by this transaction
will be protected by the conditions set forth in Norfolk and Western
Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as modified in
Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 653 (1980).
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 transaction. Petitions for stay
must be filed no later than March 20, 2009 (at least 7 days before the
exemption becomes effective).
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35224, must be filed with the Surface Transportation
Board, 395 E Street, NW., Washington, DC 20423-0001. In addition, one
copy of each pleading must be served on Michael J. Barron, Jr.,
Fletcher & Sippel LLC, 29 North 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: March 4, 2009.
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-5129 Filed 3-12-09; 8:45 am]
BILLING CODE 4915-01-P