Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Surface Transportation Board 

          - [STB Finance Docket No. 34545] 

# AGENCY:

Surface Transportation Board. 

# ACTION:

Notice of Exemption.

# SUMMARY:

                        The Board grants an exemption, under 49 U.S.C. 10502, from the prior approval requirements of 49 U.S.C. 11323-25 for Genesee & Wyoming, Inc. (GWI), a noncarrier, to continue in control of Tazewell & Peoria Railroad, Inc. (TPR), upon TPR's becoming a rail carrier pursuant to a related transaction involving the lease and operation of a line of the Peoria and Pekin Union Railway Company.[1]                                                  GWI is a holding company that directly or indirectly controls 1 Class II rail carrier, 21 operating Class III rail carriers, and 4 non-operating Class III rail carriers. A line of one of GWI's subsidiaries, Illinois & Midland Railroad, Inc., connects at Pekin, IL, with the line to be leased by TPR in the related transaction.                    

# DATES:

This exemption will be effective on October 28, 2004. Petitions to stay must be filed by October 15, 2004. Petitions to reopen must be filed by October 22, 2004. 

# ADDRESSES:

Send an original and 10 copies of all pleadings, referring to STB Finance Docket No. 34545, to: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, send one copy of pleadings to Jo A. DeRoche, Weiner Brodsky Sidman Kider PC, 1300 19th Street, NW., Fifth Floor, Washington, DC 20036-1609. 

# FOR FURTHER INFORMATION CONTACT:

Eric S. Davis, (202) 565-1600 [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339]. 

# SUPPLEMENTARY INFORMATION:

                    Additional information is contained in the Board's decision. To purchase a copy of the full decision, write to, e-mail or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20706; e-mail                     *asapdc@verizon.net*; telephone (301) 577-2600. [Assistance for the hearing impaired is available through FIRS at 1-800-877-8339.]                 

                    Board decisions and notices are available on our Web site at                     *www.stb.dot.gov.*

      ( print page 60221)    
Decided: September 30, 2004. 

By the Board, Chairman Nober, Vice Chairman Mulvey, and Commissioner Buttrey. 

Vernon A. Williams, 

Secretary. 

# Footnotes

1.                                                             *See Tazewell & Peoria Railroad, Inc.—Lease and Operation Exemption—Peoria and Pekin Union Railway Company,*                             STB Finance Docket No. 34544 (STB served Sept. 28, 2004).                        
        Back to Citation      

[FR Doc. 04-22434 Filed 10-6-04; 8:45 am] 

BILLING CODE 4915-01-P