[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Pages 10992-10993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5123]


-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 10993]]

the trackage rights will be protected by the conditions imposed 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).
    This notice is filed under 49 CFR 1180.2(d)(7). 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 effectiveness of the exemption. Stay petitions 
must be filed by March 20, 2009 (at least 7 days before the exemption 
becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: Collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35223, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Thomas J. Healey, Counsel--
Regulatory, CN, 17641 S. Ashland Avenue, Homewood, IL 60430.
    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. E9-5123 Filed 3-12-09; 8:45 am]
BILLING CODE 4915-01-P