[Federal Register: December 20, 1999 (Volume 64, Number 243)]
[Notices]               
[Page 71190-71191]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de99-130]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33821]

 
Union Pacific Railroad Company--Trackage Rights Exemption--Elgin, 
Joliet and Eastern Railway Company

    Elgin, Joliet and Eastern Railway Company (EJ&E) has agreed to 
grant overhead trackage rights to Union Pacific Railroad Company (UP) 
from Joliet, IL (milepost 1.8), through West Chicago, IL (milepost 29), 
to the end of EJ&E's ownership at Waukegan, IL (milepost 75), a 
distance of approximately 76 miles.\1\
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    \1\ A redacted version of the trackage rights agreement between 
EJ&E and UP was filed with the notice of exemption. The full version 
of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was 
concurrently filed under seal along with a motion for a protective 
order [which was granted in a decision served December 14, 1999.]

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[[Page 71191]]

    The transaction could have been consummated on or after December 7, 
1999,\2\ the effective date of the exemption.
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    \2\ Pursuant to 49 CFR 1180.4(g), a railroad must file a 
verified notice with the Board at least 7 days before the trackage 
rights are to be consummated. In its verified notice, UP indicated a 
proposed consummation date of ``as soon as possible after December 
1, 1999.'' Because the verified notice was filed on November 30, 
1999, however, consummation could not have taken place prior to 
December 7, 1999. UP's representative has been contacted and has 
confirmed that consummation would not take place before December 7, 
1999.
    On December 3, 1999, the City of West Chicago and Joseph Szabo, 
for and on behalf of the United Transportation Union-Illinois 
Legislative Board, filed petitions to stay the scheduled effective 
date of the subject trackage rights. By decision served December 6, 
1999, the petitions for stay were denied.
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    The purpose of the trackage rights is to permit UP to improve 
operation of its trains and expedite interchange of traffic with UP's 
connecting railroads in the Chicago area by permitting UP to use the 
EJ&E trackage for some of its traffic to avoid routes through the 
Chicago gateway.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease & 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33821, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Robert T. Opal, 1416 Dodge Street, Room 830, Omaha, NE 68179.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: December 14, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-32900 Filed 12-17-99; 8:45 am]
BILLING CODE 4915-00-P