Notice2022-13564
Toledo, Peoria & Western Railway Corp.-Trackage Rights Exemption-Keokuk Junction Railway Co.
Primary source
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Published
June 24, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 121 (Friday, June 24, 2022)</title>
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[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Page 37903]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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</html>Indexed from Federal Register on June 24, 2022.
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