[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14231-14232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04584]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1056 (Sub-No. 1X)]


Pioneer Industrial Railway Co. LLC--Discontinuance of Trackage 
Rights Exemption--in Peoria County, Ill.

    Pioneer Industrial Railway Co. LLC (PIRY) has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue trackage 
rights over approximately 1.07 miles of rail line located between 
milepost 1.71 and milepost 2.78 in the City of Peoria, Peoria County, 
Ill. (the Line).\1\ The Line traverses U.S. Postal Service Zip Code 
61603.
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    \1\ PIRY's discontinuance of trackage rights exemption is 
related to a concurrently filed petition by the City of Peoria, Ill. 
(the City), for an exemption ``permitting the City, on behalf of the 
no longer extant Central Illinois Railroad Company (`CIRY'), to 
discontinue service'' over the Line. (Pet. 1, Feb. 15, 2023, City of 
Peoria, Ill.--Discontinuance of Serv. Exemption--in Peoria, Ill., AB 
1066 (Sub-No. 3X) (footnote omitted).) In its petition, the City 
requests that the Board exempt both the discontinuance of service in 
that docket and PIRY's discontinuance of trackage rights in this 
docket from the Board's offer of financial assistance (OFA) 
provisions at 49 U.S.C. 10904. (Id. at 14-16.) In its verified 
notice here, PIRY states that it supports the City's request for 
exemption from the OFA provisions and, ``to ensure uniform 
application of the requested exemption, PIRY hereby incorporates 
herein by reference the City's case for OFA relief.'' (Notice 6.) 
PIRY's request will be addressed by separate decision.
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    PIRY has certified that: (1) it has moved no local traffic over the 
Line for at least two years; (2) because the Line is stub-ended, there 
is no overhead traffic on the Line to be rerouted; (3) no formal 
complaint filed by a user of rail service on the Line (or by a state or 
local government entity acting on behalf of such user) regarding 
cessation of service on the Line is either pending with the Surface 
Transportation Board or with any U.S. District Court or has been 
decided in favor of a complainant within the two-year period; and (4) 
the requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, 
in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To 
address whether this condition adequately protects affected employees, 
a petition for partial revocation under 49 U.S.C. 10502(d) must be 
filed.

[[Page 14232]]

    Provided no formal expression of intent to file an OFA \2\ to 
subsidize continued rail service has been received, this exemption will 
be effective on April 6, 2023, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA to subsidize continued rail 
service under 49 CFR 1152.27(c)(2) \3\ must be filed by March 17, 
2023.\4\ Petitions to reopen must be filed by March 27, 2023.
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    \2\ Persons interested in submitting an OFA to subsidize 
continued rail service must first file a formal expression of intent 
to file an offer, indicating the intent to file an OFA for subsidy 
and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, interim trail use/rail banking and public use 
conditions are not appropriate. Because there will be an 
environmental review during abandonment, this discontinuance does 
not require an environmental review.
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    All pleadings, referring to Docket No. AB 1056 (Sub-No. 1X), must 
be filed with the Surface Transportation Board either via e-filing on 
the Board's website or in writing addressed to 395 E Street SW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on PIRY's representative, Robert A. Wimbish, Fletcher & Sippel 
LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available at www.stb.gov.
    Decided: February 28, 2023.
    By the Board, Mai T. Dinh, Director, Office of Proceedings.

Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2023-04584 Filed 3-6-23; 8:45 am]
BILLING CODE 4915-01-P