[Federal Register Volume 66, Number 26 (Wednesday, February 7, 2001)]
[Notices]
[Page 9411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3056]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33995]


SF&L Railway, Inc.--Acquisition and Operation Exemption--Toledo, 
Peoria and Western Railway Corporation Between La Harpe and Peoria, IL

    SF&L Railway, Inc. (SF&L), a noncarrier,\1\ has filed a notice of 
exemption under 49 CFR 1150.31 to acquire from Toledo, Peoria and 
Western Railway Corporation (TPW), an operating easement over, and the 
rail, ties, and improvements of, a 71.5-mile segment of track, 
extending between milepost 194.5 at La Harpe 61450 and milepost 123.0 
at Peoria 61607, serving the intermediate points of Blandinsville 
61420, Sciota 61475, Good Hope 61438, Bushnell 61422, New Philadelphia 
61459, Smithfield 61477, Cuba 61427, Canton 61520, Glasford 61533 and 
Mapleton 61547, in Hancock, McDonough, Fulton and Peoria Counties, IL. 
Under this transaction, TPW will retain the realty underlying the line, 
subject to a permanent and unconditional easement to permit SF&L to 
fulfill its obligations as a railroad common carrier. SF&L will employ 
TPW as a contract operator, although SF&L will be responsible for 
rendering service. SF&L states that its projected annual revenues will 
not exceed those that would qualify it as a Class III rail carrier and 
its revenues are not projected to exceed $5 million.
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    \1\ SF&L had acquired authority from Missouri Pacific Railroad 
Company to operate in Ellis and Hill Counties, TX, and has since 
received Board authorization to abandon these lines pursuant to 
decisions in SF&L Railway, Inc.--Abandonment Exemption--In Ellis and 
Hill Counties, TX, Docket No. AB-448 (Sub-No. 1X) (ICC served Dec. 
11, 1995; STB served, July 30, 1996, and Dec. 30, 1999).
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    The transaction was scheduled to be consummated on or shortly after 
January 17, 2001.
    This transaction is related to STB Finance Docket No. 33996, Kern 
W. Schumacher and Morris H. Kulmer--Continuance in Control Exemption--
SF&L Railway, Inc., wherein Kern W. Schumacher and Morris H. Kulmer are 
seeking an exemption to continue in control of SF&L upon its becoming a 
Class III rail carrier.
    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 does not automatically stay the transaction.\2\
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    \2\ On January 16, 2001, a petition to stay the effectiveness of 
the exemptions filed in this proceeding and in STB Finance Docket 
No. 33996 was filed by Joseph C. Szabo, on behalf of the United 
Transportation Union-Illinois Legislative Board. The petition for 
stay was denied by the Board in SF&L Railway, Inc.--Acquisition and 
Operation Exemption--Toledo, Peoria and Western Railway Corporation 
Between La Harpe and Peoria, IL, STB Finance Docket No. 33995, and 
Kern W. Schumacher and Morris H. Kulmer--Continuance in Control 
Exemption--SF&L Railway, Inc., STB Finance Docket No. 33996 (STB 
served Jan. 16, 2001).
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33995, 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, one copy of each pleading must 
be served on Fritz R. Kahn, Esq., 1920 N Street, NW., 8th Floor, 
Washington, DC 20036-1601.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: January 30, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-3056 Filed 2-6-01; 8:45 am]
BILLING CODE 4915-00-P