[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14230-14231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04614]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1066 (Sub-No. 3X)]


City of Peoria, Ill.--Discontinuance of Service Exemption--in 
Peoria County, Ill.

    On February 15, 2023, the City of Peoria, Ill. (the City), filed 
with the Board a petition under 49 U.S.C. 10502 for an exemption from 
the prior approval requirements of 49 U.S.C. 10903 ``permitting the 
City, on behalf of the no longer extant Central Illinois Railroad 
Company (`CIRY'),'' to discontinue common carrier rail service over an 
approximately 1.1-mile portion of a railroad line known as the Kellar 
Branch, extending between mileposts 1.71 and 2.78 (the Line), located 
in the City. The Line traverses U.S. Postal Service Zip Code 61603.
    The City states that it purchased the Kellar Branch from the 
trustee of the Chicago, Rock Island & Pacific Railroad Company in 1984 
after the trustee secured authority to abandon it in

[[Page 14231]]

1980.\1\ The City explains that CIRY was authorized to operate over the 
Kellar Branch in Central Illinois Railroad--Operation Exemption--Rail 
Line of the City of Peoria & the Village of Peoria Heights in Peoria & 
Peoria Heights, Peoria County, Ill., FD 34518, et al. (STB served July 
28, 2004). According to the City, CIRY ceased operations in 2010 and 
was involuntarily dissolved in 2011. In addition, the City asserts that 
CIRY's prior owners cannot be located and CIRY has failed to abide by 
its operating, maintenance, and other responsibilities under its prior 
operating lease with the City, which has been terminated.
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    \1\ The Board has found that the Kellar Branch was fully 
abandoned when the City acquired it. Pioneer Indus. Ry.--
Discontinuance of Serv. Exemption--Line in Peoria Cnty., Ill., AB 
1066 (Sub-No. 1X) et al., slip op at 5 (STB served Apr. 16, 2010); 
Cty. of Peoria--Adverse Discontinuance--Pioneer Indus. Ry., ABA 878, 
slip op. at 1 (STB served Nov. 19, 2007).
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    The City states that the only customer on the Line, O'Brien Steel 
Service Co. (O'Brien Steel), has been without rail service since 2010 
following the cessation of CIRY's operations.\2\ The City explains 
that, after discontinuance, it intends to transfer approximately 550 
feet of right-of-way and track located at the south end of the Line to 
O'Brien Steel, which plans to use the track as a private industrial 
spur to connect to the Tazewell & Peoria Railroad.\3\ The City attached 
to its petition a letter from O'Brien Steel supporting the City's 
petition.
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    \2\ According to the City, Pioneer Industrial Railway (PIRY) 
obtained non-exclusive local trackage rights over the Line in 2010, 
see Pioneer Indus. Ry. Co.--Trackage Rights Exemption--Central 
Illinois R.R., FD 35341 (STB served. Jan. 14, 2010), but has not 
used them since CIRY's dissolution in 2011. PIRY recently filed a 
verified notice of exemption for discontinuance of those trackage 
rights. (Notice, Feb. 13, 2023, Pioneer Indus. Ry.--Discontinuance 
of Trackage Rts. Exemption--in Peoria Cnty., Ill., AB 1056 (Sub-No. 
1X).)
    \3\ The City asserts that under Common Carrier Status of States, 
State Agencies & Instrumentalities & Political Subdivisions, 363 
I.C.C. 132 (1980), abandonment authority is not necessary here 
because the Line was previously authorized for abandonment and the 
City has never held itself out as a common carrier.
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    The City states that, based on information in its possession, the 
Line does not contain any federally granted rights-of-way and that any 
documentation in its possession will be made available to those 
requesting it.
    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).
    Because the Line has already been abandoned, trail use/rail banking 
and public use conditions are not appropriate, and no environmental 
review is necessary.
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b).
    A final decision will be issued by June 5, 2023. Any offer of 
financial assistance (OFA) under 49 CFR 1152.27(b)(2) to subsidize 
continued rail service will be due no later than 120 days after the 
filing of the petition for exemption, or 10 days after service of a 
decision granting the petition for exemption, whichever occurs 
sooner.\4\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
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    \4\ The City has requested an exemption from the OFA procedures 
at 49 U.S.C. 10904 and waiver of the related Board regulations at 49 
CFR 1152.27.
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    Any interested party may file a response to this notice. All 
pleadings, referring to Docket No. AB 1066 (Sub-No. 3X), 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 
the City's representative, Peter A. Pfohl, Slover & Loftus LLP, 1224 
17th Street NW, Washington, DC 20036. Replies to the petition are due 
on or before March 27, 2023.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment and discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis at (202) 245-0294. If you 
require an accommodation under the Americans with Disabilities Act, 
please call (202) 245-0245.
    Board decisions and notices are available at www.stb.gov.

    Decided: March 2, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2023-04614 Filed 3-6-23; 8:45 am]
BILLING CODE 4915-01-P