Pioneer Industrial Railway Co.-Change in Operator Exemption-in Peoria County, Ill., 63570 [2022-22694]

Download as PDF 63570 Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices file an OFA under 49 CFR 1152.27(c)(2), and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 31, 2022.3 Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 8, 2022, with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to NSR’s representative, William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. NSR has filed a combined environmental and historic report that addresses the potential effects, if any, of the abandonment on the environment and historic resources. OEA will issue a Draft Environmental Assessment (Draft EA) by November 13, 2022. The Draft EA will be available to interested persons on the Board’s website, by writing to OEA, or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877– 8339. Comments on environmental and historic preservation matters must be filed within 15 days after the Draft EA becomes available to the public. Environmental, historic preservation, public use, or interim trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by NSR’s filing of a notice of consummation by October 19, 2023, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. jspears on DSK121TN23PROD with NOTICES Decided: October 13, 2022. Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Filing fees for OFAs and trail use requests can be found at 49 CFR 1002.2(f)(25) and (27), respectively. VerDate Sep<11>2014 17:58 Oct 18, 2022 Jkt 259001 By the Board, Mai T. Dinh, Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2022–22653 Filed 10–18–22; 8:45 am] BILLING CODE 4915–01–P 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. 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 www.stb.gov. 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 1 Cent. Ill. R.R.—Operation Exemption—Rail Lines of the City of Peoria, Ill., FD 34518, et al. (STB served Feb. 23, 2005). PO 00000 Frm 00097 Fmt 4703 Sfmt 9990 E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Page 63570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.stb.gov.

    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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