[Federal Register Volume 67, Number 245 (Friday, December 20, 2002)]
[Notices]
[Pages 78040-78041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32077]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34282]


Western Illinois Railway Company--Acquisition Exemption--Toledo, 
Peoria & Western Railway Corporation

    The Western Illinois Railway Company (WIRC), a noncarrier, filed a 
notice of exemption under 49 CFR 1150.31 to acquire from the Toledo, 
Peoria & Western Railway Corporation (TP&W) the rail, ties, and certain 
improvements on a 71.5-mile rail line, between milepost 194.5 at La 
Harpe and milepost 123.0 at Peoria, in Hancock, McDonough, Fulton, and 
Peoria Counties, IL (the La Harpe Line or Line).\1\ TP&W will retain 
the common carrier obligation and the permanent and exclusive right to 
operate the Line, the right to maintain and renew the Line, and the 
right to require WIRC to transfer the Line's physical assets in the 
event TP&W agrees or is required to sell the Line under an offer of 
financial assistance pursuant to 49 U.S.C. 10904.\2\
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    \1\ 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 et al. (STB served Oct. 17, 
2002), the Board ordered SF&L Railway, Inc. (SF&L), to reconvey to 
TP&W the operating easement over, and the rail, ties and certain 
improvements on the 71.5-mile rail line acquired under the class 
exemption in that proceeding that was served and published in the 
Federal Register at 66 FR 9411 on February 7, 2001. A petition for 
reconsideration was filed by SF&L on December 13, 2002.
    \2\ On September 3, 2002, SF&L filed a petition for exemption to 
abandon the La Harpe Line. See SF&L Railway, Inc.--Abandonment 
Exemption--in Hancock, McDonough, Fulton, and Peoria Counties, IL, 
STB Docket No. AB-448 (Sub-No. 2X) (STB served Sept. 23, 2002). 
Notice was served and published in the Federal Register at 67 FR 
59596 on September 23, 2002. TP&W, on October 30, 2002, filed a 
motion for permission to substitute for SF&L in STB Docket No. AB-
448 (Sub-No. 2X). A decision on the motion will be issued in the 
near future.
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    The transaction was expected to be consummated on or after November 
27, 2002.
    In a related matter, RailAmerica, Inc. (RailAmerica) and Palm Beach 
Rail Holdings, Inc. (PBRH), a noncarrier subsidiary of RailAmerica, 
filed a notice of exemption in RailAmerica, Inc. et al.--Corporate 
Family Reorganization Exemption--Western Illinois Railway Company, STB 
Finance Docket No. 34283, for PBRH to continue in control of WIRC when 
it becomes a rail carrier.\3\
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    \3\ On November 26, 2002, RailAmerica, PBRH, and WIRC jointly 
filed a motion to dismiss both the acquisition in this case and the 
continuance in control in STB Finance Docket No. 34283 for lack of 
Board jurisdiction. The motion will be handled in a separate 
decision.
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    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. 34282, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Louis E. Gitomer, Ball Janik 
LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005.

[[Page 78041]]

    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: December 16, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-32077 Filed 12-19-02; 8:45 am]
BILLING CODE 4915-00-P