[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Page 21390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9441]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35361]


Elgin, Joliet and Eastern Railway Company--Trackage Rights 
Exemption--Illinois Central Railroad Company

    Pursuant to a written amended trackage rights agreement dated March 
22, 2010, Illinois Central Railroad Company (IC) has agreed to amend 
its existing overhead trackage rights agreement with Elgin, Joliet and 
Eastern Railway Company (EJ&E) over 42.3 miles of rail line owned by IC 
between milepost 17.9 at Highlawn, Ill., and milepost 31.4 at 
University Park, Ill., and between milepost 36.7 in Joliet, Ill., and 
milepost 7.9 in Lemoyne, Ill.\1\
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    \1\ EJ&E and IC are indirect subsidiaries of Canadian National 
Railway Company. EJ&E states that the Amended Agreement modifies the 
original trackage rights previously granted to EJ&E when it was 
known as EJ&E West Company.
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    EJ&E proposes a consummation date of May 6, 2010, but the earliest 
the transaction may be consummated is May 7, 2010, the effective date 
of the exemption (30 days after the exemption is filed).
    Under the agreement, the amended trackage rights will allow EJ&E to 
interchange traffic with IC: (1) At IC's Markham Yard, an intermediate 
point between Highlawn and University Park (between milepost 20.5 and 
milepost 23.5); and (2)(a) at IC's Glenn Yard (between milepost 9.5 and 
milepost 11.3), and (b) at Statesville, at or near milepost 35.6, 
intermediate points between Joliet and Lemoyne.
    As a condition to this exemption, any employees affected by the 
acquisition of the trackage rights will be protected by the conditions 
imposed in Norfolk and Western Railway Co.--Trackage Rights--Burlington 
Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast 
Railway, Inc.--Lease and Operate--California Western Railroad, 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 April 30, 2010 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35361, 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 Jeremy M. Berman, Fletcher & Sippel LLC, 29 
N. 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: April 19, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-9441 Filed 4-22-10; 8:45 am]
BILLING CODE 4915-01-P