Notice2022-22694
Pioneer Industrial Railway Co.-Change in Operator Exemption-in Peoria County, Ill.
Primary source
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Published
October 19, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 201 (Wednesday, October 19, 2022)</title>
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[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Page 63570]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22694]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36638]
Pioneer Industrial Railway Co.--Change in Operator Exemption--in
Peoria County, Ill.
Pioneer Industrial Railway Company (Pioneer), a Class III rail
carrier, has filed a verified notice of exemption pursuant to 49 CFR
1150.41 to assume operations over two interconnected railroad lines
(collectively, the Lines) owned by, and located entirely within, the
City of Peoria, Ill. (City). The first line, the Western Connection, is
about 2.24 miles long and extends from a point of connection with the
Peoria Subdivision of the Union Pacific Railroad Company at
approximately milepost 71.5 to a point a short distance west of
University Avenue in the City, then extends another 1,800 feet to a
point of connection between the Western Connection and the Kellar
Branch. The second line, the North Line, is an approximately 1.5-mile
portion of the Kellar Branch between milepost 8.50 and milepost 10.0.
The Lines total approximately 3.75 route miles.
Pioneer certifies that it has entered into a lease agreement with
the City to assume leasehold operations over the Lines in place of the
prior lessee, the Central Illinois Railroad Company (CIRY), which
obtained Board authority to operate the Lines in 2005.\1\ The verified
notice, as supported by a verified statement by CIRY's former
Controller, indicates Pioneer's understanding that in 2011 CIRY was
involuntarily dissolved as a business and ceased providing rail service
in 2010. CIRY's contract with the City to operate the Lines was
terminated. Additionally, prior to its dissolution, CIRY reportedly
intended to obtain authority to discontinue service over all of its
lines but, through oversight or administrative error, failed to do so
with respect to these Lines. Pioneer further states that it cannot
locate CIRY's prior owners.
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\1\ Cent. Ill. R.R.--Operation Exemption--Rail Lines of the City
of Peoria, Ill., FD 34518, et al. (STB served Feb. 23, 2005).
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Pioneer confirms, as required under 49 CFR 1150.43(h), that the
proposed transaction does not involve a provision or agreement that may
limit future interchange with a third-party connecting carrier. Pioneer
also certifies that its projected annual revenues will not result in
the creation of a Class I or II rail carrier or exceed $5 million as a
result of this transaction.
Under 49 CFR 1150.42(b), a change in operator requires that notice
be given to shippers. Pioneer certifies that it has provided notice of
the proposed change in operator to Carver Lumber, the only potential
shipper on the Lines, and the verified notice includes a letter from
Carver Lumber in support of this transaction.
The transaction may be consummated on or after November 2, 2022,
the effective date of the exemption (30 days after the verified notice
was filed).
If the verified 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 October 26,
2022 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36638, 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
Pioneer's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to Pioneer, 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: October 14, 2022.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022-22694 Filed 10-18-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on October 19, 2022.
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