[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Notices]
[Page 11580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05289]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36165]


Toledo, Peoria & Western Railway Corp.--Trackage Rights Renewal 
Exemption--Tazewell & Peoria Railroad, Inc.

    The Tazewell & Peoria Railroad, Inc. (TZPR), has agreed to renew 
overhead trackage rights to Toledo, Peoria & Western Railway Corp. 
(TPW). The trackage rights extend between TPW milepost 109.4 at East 
Peoria, Ill., and TPW milepost 113.9 at Peoria, Ill. (the Line), a 
distance of approximately 4.7 miles, including overhead trackage rights 
to handle intermodal traffic from the intermediate point of the 
connection between TZPR and BNSF Railway Company (BNSF) near Darst 
Street to TPW milepost 109.4 in East Peoria.
    TPW states that the purpose of the transaction is to renew trackage 
rights originally granted to TPW by Peoria & Pekin Union Railway 
Company (PPU) in 1995. Toledo, Peoria & W. Ry.--Trackage Rights 
Exemption--Peoria & Pekin Union Ry., FD 32654 (ICC served Feb. 6, 
1995). In 2001, the trackage rights were amended to include an 
intermediate connection with BNSF for handling intermodal traffic. 
Toledo, Peoria & W. Ry.--Trackage Rights Exemption--Peoria & Pekin 
Union Ry., FD 34009 (STB served Feb. 23, 2001). In 2004, the Board 
authorized TZPR to lease the Line, and other lines, from PPU. Tazewell 
& Peoria RR--Lease & Operation Exemption--Peoria & Pekin Union Ry., FD 
34544 (STB served Sept. 28, 2004). TPW states that on August 1, 2006, 
TZPR and TPW entered into an amended and restated trackage rights 
agreement (2006 Restated Agreement) that did not change the scope of 
the trackage rights, but did, among other things, extend the term of 
the trackage rights to December 31, 2016.\1\
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    \1\ TWP did not seek or receive Board authorization for the 
transaction encompassed in the 2006 Restated Agreement. This notice 
of exemption is published nevertheless because the same class 
exemption applies to trackage rights acquisitions and renewals. See 
49 CFR 1180.2(d)(7).
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    The earliest this transaction may be consummated is March 29, 2018, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). 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 effectiveness of the exemption. Stay petitions 
must be filed by March 22, 2018 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
36165, must be filed with the Surface Transportation Board, 395 E 
Street, SW, Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Erik M. Hocky, Clark Hill, PLC, One Commerce 
Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103.
    Board decisions and notices are available on our website at 
``WWW.STB.GOV.''

    Decided: March 12, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-05289 Filed 3-14-18; 8:45 am]
 BILLING CODE 4915-01-P