[Federal Register Volume 69, Number 187 (Tuesday, September 28, 2004)]
[Notices]
[Page 58010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21679]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34544]


Tazewell & Peoria Railroad, Inc.-Lease and Operation Exemption--
Peoria and Pekin Union Railway Company

    Tazewell & Peoria Railroad, Inc. (TPR), a noncarrier, has filed a 
notice of exemption under 49 CFR 1150.31 to lease and operate 
approximately 19.9 miles of rail line currently owned by Peoria and 
Pekin Union Railway Company (PPU), extending from: (1) Approximately 
milepost 0.0 (at or near Peoria, IL, Union Station) to approximately 
milepost 9.2 (at or near Pekin, IL, IC Junction); (2) approximately 
milepost 0.0 (at or near Peoria, IL, Union Station) to approximately 
milepost 3.87N (at or near Iowa Interstate Junction, IL); (3) 
approximately milepost 0.0 (at or near Peoria, IL, Peoria Wye) to 
approximately milepost 5.1W (at or near P&PU Junction, IL); and (4) 
approximately Wesley Junction, IL, to approximately East Peoria, IL 
(approximately 1.7 miles of track; milepost designations are not 
available), in Tazewell and Peoria Counties, IL. In addition, TPR will 
acquire from PPU incidental trackage rights over approximately 1.7 
miles of main-line track owned by Union Pacific Railroad Company from 
approximately milepost 4.0 (at or near P&PU Junction) to approximately 
milepost 5.7 (at or near Sommer, IL), in Peoria County, IL. TPR 
certifies that its projected annual revenues will not exceed those that 
would qualify it as a Class III rail carrier. Although not stated, it 
appears as though TPR's projected annual revenues will exceed $5 
million, as TPR has complied with the posting and service requirements 
of 49 CFR 1150.32(e). In accordance with that section, the transaction 
cannot be consummated before October 29, 2004, the effective date of 
the exemption.
    This proceeding is related to Genesee & Wyoming, Inc.--Continunance 
in Control Exemption--Tazewell & Peoria Railroad, Inc., STB Finance 
Docket No. 34545, wherein Genesee & Wyoming, Inc., a noncarrier, has 
concurrently filed a petition for exemption to continue in control of 
TPR upon TPR's becoming a carrier.
    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. 34544, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Jo A. DeRoche, Weiner Brodsky 
Sidman Kider PC, 1300 19th Street, NW., Fifth Floor, Washington, DC 
20036-1609.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Dated: Decided: September 21, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-21679 Filed 9-27-04; 8:45 am]
BILLING CODE 4915-01-P