[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Page 37903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13564]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36617]


Toledo, Peoria & Western Railway Corp.--Trackage Rights 
Exemption--Keokuk Junction Railway Co.

    Toledo, Peoria & Western Railway Corp. (TPW), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 
1180.2(d)(7) for overhead trackage rights over approximately 3.9 miles 
of rail line owned by Keokuk Junction Railway Company (KJ) between the 
Union Pacific Railroad Company (UP) interchange at milepost 118.5, near 
Hollis (a/k/a Sommer), Ill., and milepost 122.4, near Mapleton, Ill. 
(the Line).
    TPW and KJ have entered into a written trackage rights agreement 
that grants TPW trackage rights over the Line, allowing TPW to access 
the TPW-owned Mapleton Industrial Spur on one end of the Line and 
trackage rights it holds over a UP line on the other end of the 
Line.\1\
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    \1\ A redacted version of the trackage rights agreement between 
TPW and KJ was filed with the verified notice. An unredacted version 
of the agreement was submitted to the Board under seal concurrently 
with a motion for protective order, which is addressed in a separate 
decision.
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    The transaction may be consummated on or after July 9, 2022, the 
effective date of the exemption.
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. However, 49 U.S.C. 11326(c) 
does not provide for labor protection for transactions under 49 U.S.C. 
11324 and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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. 
Petitions for stay must be filed no later than July 1, 2022 (at least 
seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36617, must be filed with 
the Surface Transportation Board 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 TPW's 
representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 
2001 Market St., Suite 2620, Philadelphia, PA 19103.
    According to TPW, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: June 21, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2022-13564 Filed 6-23-22; 8:45 am]
BILLING CODE 4915-01-P