Elgin, Joliet & Eastern Railway Company-Intra-Corporate Family Lease Exemption-Illinois Central Railroad Company, 10992 [E9-5129]

Download as PDF 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 http:// 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). VerDate Nov<24>2008 17:55 Mar 12, 2009 Jkt 217001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 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 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. E:\FR\FM\13MRN1.SGM 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.
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    \1\ EJ&E and IC are wholly owned indirect subsidiaries of 
Canadian National Railway Corporation (CN).
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    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