[Federal Register Volume 66, Number 37 (Friday, February 23, 2001)]
[Notices]
[Page 11383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4524]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34009]


Toledo, Peoria & Western Railway Corporation--Trackage Rights 
Exemption--Peoria and Pekin Union Railway Company

    Peoria and Pekin Union Railway Company (P&PU) has agreed to grant 
overhead trackage rights to Toledo, Peoria & Western Railway 
Corporation (TP&W) over P&PU's track between the point of connection 
between The Burlington Northern and Santa Fe Railway Company and P&PU 
near Darst Street in Peoria, IL, milepost 2.1, and the point of 
connection between P&PU and TP&W at North Main Street in East Peoria, 
IL, commonly known as P&PU Junction, milepost 0.0, a distance of 
approximately 4 miles.\1\
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    \1\ A redacted version of the amendment to the trackage rights 
agreement between TP&W and P&PU was filed with the verified notice 
of exemption. The full version of the agreement, as required by 49 
CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a 
motion for a protective order. A protective order was served on 
February 14, 2001.
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    The transaction is scheduled to be consummated on or shortly after 
February 16, 2001.
    The trackage rights will enable TP&W to enhance competitive service 
for intermodal traffic and provide more efficient and economical 
routings and service for this traffic.
    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. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 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.
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34009 must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, one copy of each pleading must 
be served on Louis E. Gitomer, Esq., Ball Janik LLP, 1455 F Street, 
N.W., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our website at 
WWW.STB.DOT.GOV.

    Decided: February 15, 2001.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-4524 Filed 2-22-01; 8:45 am]
BILLING CODE 4915-00-P