[Federal Register Volume 66, Number 169 (Thursday, August 30, 2001)]
[Notices]
[Page 45892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21946]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34085]


Keokuk Junction Railway Co.--Acquisition and Operation 
Exemption--West End of Toledo, Peoria and Western Railway Corporation

    Keokuk Junction Railway Co. (KJRY), a Class III rail carrier, has 
filed a notice of exemption under 49 CFR 1150.41 to acquire and operate 
approximately 98 miles of rail line owned by the Toledo, Peoria and 
Western Railway Corporation (TP&W). The line to be acquired and 
operated extends between milepost 108.0 near East Peoria, IL, and 
milepost 206.0L, near Lomax, IL, including trackage rights over (1) 
Union Pacific Railroad Company between Hollis milepost 119.28 and Iowa 
Junction milepost 113.9, and (2) the Peoria and Pekin Union Railway 
Company between Iowa Junction milepost 113.9 and milepost 109.49. KJRY 
states that it has exercised an option it held with TP&W to buy the 
assets referenced in this proceeding. KJRY further states that it has 
also tendered to TP&W a check to satisfy its payment for these assets. 
Although KJRY has not yet reached a written agreement with TP&W for 
this transaction, KJRY anticipates that one will ultimately be entered 
into between it and TP&W. KJRY certifies that its projected annual 
revenues as a result of this transaction will not result in the 
creation of a Class I or Class II rail carrier.
    The transaction was scheduled to be consummated on or shortly after 
August 22, 2001, the effective date of the exemption.
    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.\1\ The filing of a petition 
to revoke does not automatically stay the transaction.\2\
---------------------------------------------------------------------------

    \1\ On August 20, 2001, SF&L Railway, Inc. filed a petition to 
reject the notice of exemption and TP&W filed a petition to reject 
and revoke the notice. These petitions will be addressed and 
resolved in a subsequent decision to be issued by the Board.
    \2\ TP&W also filed a petition on August 20, 2001, to stay the 
effectiveness of this exemption pending consideration of its 
petition to reject or revoke. The petition for stay was denied by 
the Board in Keokuk Junction Railway Co.--Acquisition and Operation 
Exemption--Toledo, Peoria and Western Railway Corporation, STB 
Finance Docket No. 34085 (STB served Aug. 23, 2001). That decision 
indicated that TP&W's petition to stay was filed on August 21, 2001, 
although it was actually filed on August 20, 2001.
---------------------------------------------------------------------------

    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34085, 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 William A. Mullins, Esq., Troutman Sanders LLP, 401 Ninth 
Street, NW, Suite 1000, Washington, DC 20004.
    Board decisions and notices are available on our website at 
WWW.STB.DOT.GOV.

    Decided: August 24, 2001.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-21946 Filed 8-29-01; 8:45 am]
BILLING CODE 4915-00-P