[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Notices]
[Page 45111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16931]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34518]


Central Illinois Railroad Company--Operation Exemption--Rail Line 
of the City of Peoria and the Village of Peoria Heights in Peoria and 
Peoria Heights, Peoria County, IL

    Central Illinois Railroad Company (CIRY), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41, et seq., 
to operate a line of railroad owned by the City of Peoria and the 
Village of Peoria Heights, IL (the Cities), known as the Kellar Branch, 
and also known as the Peoria, Peoria Heights & Western Railroad. The 
line extends from EPS 80+15 (milepost 1.71) to EPS 516+21 (milepost 
10.0), a distance of 8.29 miles in Peoria County, IL. CIRY states that 
the notice has been filed at the request of the Cities for CIRY to 
replace the current operator of the line, Pioneer Industrial Railway 
Company (PIRY), upon expiration of the operating agreement between the 
Cities and PIRY on July 10, 2004.\1\
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    \1\ In the notice, CIRY indicated that PIRY has made it known 
that it will refuse to voluntarily give up its authority to operate 
over the branch, and that it will be necessary for the Cities to 
file an application for adverse discontinuance of PIRY's operation. 
On June 30, 2004, PIRY filed a petition to reject or revoke the 
notice or, alternatively, to stay its effectiveness. CIRY filed a 
reply on July 1, 2004. The stay request was denied by decision 
served on July 1, 2004. However, to assure coordination of 
dispatching of both PIRY's and CIRY's operations on the line, the 
decision required that CIRY certify to the Board that coordination 
protocols for dual operations were in place before CIRY could 
commence operations. The rejection/revocation request will be 
addressed in a separate Board decision.
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    Certification is made that CIRY's projected revenues as a result of 
the transaction will not result in the creation of a Class II or Class 
I rail carrier. The transaction was scheduled to be consummated no 
earlier than July 5, 2004 (7 days after the exemption was filed).
    If the verified 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. 34518, 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 Thomas F. McFarland, 208 South 
LaSalle Street, Suite 1890, Chicago, IL 60604-1112.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 20, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-16931 Filed 7-27-04; 8:45 am]
BILLING CODE 4915-01-P