10992 Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 

1EJ&E and IC are wholly owned indirect 

subsidiaries of Canadian National Railway 

Corporation (CN). 

1A 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. 

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] 

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 

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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 10993 

1Language expanding the scope of the Bank 

Secrecy Act to intelligence or counter-intelligence 

activities to protect against international terrorism 

was added by Section 358 of the Uniting and 

Strengthening America by Providing Appropriate 

Tools Required to Intercept and Obstruct Terrorism 

Act of 2001, Public Law No. 107–56. 

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 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement 

Network; Proposed Renewal Without 

Change; Comment Request; Customer 

Identification Programs for Various 

Financial Institutions 

AGENCY: Financial Crimes Enforcement 

Network, Department of the Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork and respondent 

burden, the Financial Crimes 

Enforcement Network invites comment 

on a proposed renewal, without change, 

to information collections found in 

regulations requiring futures 

commission merchants, introducing 

brokers, banks, savings associations, 

credit unions, certain non-federally 

regulated banks, mutual funds, and 

broker-dealers, to develop and 

implement customer identification 

programs reasonably designed to 

prevent those financial institutions from 

being used to facilitate money 

laundering and the financing of terrorist 

activities. This request for comment is 

being made pursuant to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, 44 U.S.C. 3506(c)(2)(A). 

DATES: Written comments are welcome 

and must be received on or before May 

12, 2009. 

ADDRESSES: Written comments should 

be submitted to: Regulatory Policy and 

Programs Division, Financial Crimes 

Enforcement Network, Department of 

the Treasury, P.O. Box 39, Vienna, VA 

22183, Attention: Customer 

Identification Program Comments. 

Comments also may be submitted by 

electronic mail to the following Internet 

address: regcomments@fincen.gov, again 

with a caption, in the body of the text, 

‘‘Attention: Customer Identification 

Program Comments.’’ 

Inspection of comments. Comments 

may be inspected, between 10 a.m. and 

4 p.m., in the FinCEN reading room in 

Vienna, VA. Persons wishing to inspect 

the comments submitted must request 

an appointment with the Disclosure 

Officer by telephoning (703) 905–5034 

(Not a toll free call). 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Policy and Programs 

Division at 800–949–2732 option 6. 

SUPPLEMENTARY INFORMATION: 

Abstract: The statute generally 

referred to as the ‘‘Bank Secrecy Act,’’ 

Titles I and II of Public Law 91–508, as 

amended, codified at 12 U.S.C. 1829b, 

12 U.S.C. 1951–1959, and 31 U.S.C. 

5311–5332, authorizes the Secretary of 

the Treasury, inter alia, to require 

financial institutions to keep records 

and file reports that are determined to 

have a high degree of usefulness in 

criminal, tax, and regulatory matters, or 

in the conduct of intelligence or 

counter-intelligence activities, to protect 

against international terrorism, and to 

implement counter-money laundering 

programs and compliance procedures.1

Regulations implementing Title II of the 

Bank Secrecy Act appear at 31 CFR Part 

103. The authority of the Secretary of 

the Treasury to administer the Bank 

Secrecy Act has been delegated to the 

Director of the Financial Crimes 

Enforcement Network. 

Section 5318(l) of the Bank Secrecy 

Act authorizes the Secretary to issue 

regulations prescribing customer 

identification programs for financial 

institutions. The regulations must 

require that, at a minimum, financial 

institutions implement reasonable 

procedures for (1) verifying the identity 

of any person seeking to open an 

account, to the extent reasonable and 

practicable; (2) maintaining records of 

the information used to verify the 

person’s identity, including name, 

address, and other identifying 

information; and (3) determining 

whether the person appears on any lists 

of known or suspected terrorists or 

terrorist organizations provided to the 

financial institution by any government 

agency. The regulations are to take into 

consideration the various types of 

accounts maintained by various types of 

financial institutions, the various 

methods of opening accounts, and the 

various types of identifying information 

available. Regulations implementing 

section 5318(l) are found at 31 CFR 

103.121, 103.122, 103.123, and 103.131. 

1. Title: Customer identification 

programs for banks, savings 

associations, credit unions, and certain 

non-federally regulated banks. (31 CFR 

103.121). 

Office of Management and Budget 

Control Number: 1506–0026. 

Abstract: Banks, savings associations, 

credit unions, and certain non-federally 

regulated banks are required to develop 

and maintain customer identification 

programs and provide their customers 

with notice of the programs. (See FR 68, 

25090, May 9, 2003). 

Current Action: There is no change to 

existing regulations. 

Type of Review: Extension of a 

currently approved information 

collection. 

Affected Public: Business and other 

for profit institutions and non-profit 

institutions. 

Burden: Estimated Number of 

Respondents 22,060. 

Estimated average annual 

recordkeeping burden per respondent: 

10 hours. 

Estimated average annual disclosure 

burden per respondent: 1 hour 

Estimated Total Annual Respondent 

Burden: 242,660 hours. 


sroberts on PROD1PC70 with NOTICES