[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Page 10992]
From the Federal Register Online via the Government Publishing 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