[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65762-65763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26050]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35775]


Union Pacific Railroad Company--Trackage Rights Exemption--CSX 
Transportation, Inc.

    CSX Transportation, Inc. (CSXT), pursuant to a written agreement 
dated September 4, 2013, has agreed to grant overhead trackage rights 
to Union Pacific Railroad Company (UP) on the Elsdon Subdivision, 
between milepost 19.3 at Blue Island, Ill. and milepost

[[Page 65763]]

31.07 at Munster, Ind., a distance of approximately 11.77 miles.\1\
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    \1\ The overhead trackage rights covered by this Notice include 
the right for UP to enter and exit the subject trackage at: (1) 
CSXT's connection with GTW at or near milepost 31.07 (Munster) on 
the Elsdon Subdivision in Munster, Ind.; (2) CSXT's northeast 
connection with UP at or near milepost 25.20 (Thornton Junction) on 
the Elsdon Subdivision in Thornton, Ill.; (3) CSXT's connection with 
Grand Trunk Western Railroad Company (GTW) at or near milepost 23.2 
(CN Junction) on the Elsdon Subdivision in Harvey, Ill.; (4) CSXT's 
connection with the Indiana Harbor Belt Railroad Company at or near 
milepost 19.3 (B.I. Junction) on the Elsdon Subdivision in Blue 
Island, Ill.; and (5) any other existing or new location(s) that the 
parties may mutually agree upon.
    A redacted trackage rights agreement between UP and CSXT was 
filed with the notice of exemption. An unredacted version was filed 
under seal along with a motion for protective order, which will be 
addressed in a separate decision.
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    The transaction is scheduled to be consummated on or after November 
16, 2013, the effective date of the exemption (30 days after the 
exemption was filed).
    The purpose of the transaction is to permit UP to continue to move 
traffic for interchange with GTW and its affiliated railroads on a 
permanent basis, following the March 10, 2013 acquisition by CSXT of an 
operating easement over the Elsdon Subdivision from GTW.\2\
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    \2\ See CSX Transp. Inc.--Acquis. Of Operating Easement--Grand 
Trunk W. R.R., FD 35522 (STB served Feb. 8, 2013).
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    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
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. Petitions for stay must be filed by 
November 8, 2013 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35775, 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 Berman, Union Pacific Railroad 
Company, 1400 Douglas Street, STOP 1580, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: October 29, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-26050 Filed 10-31-13; 8:45 am]
BILLING CODE 4915-01-P