|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|PACIFIC RIM RAILWAY COMPANY, INC.-ACQUISITION AND OPERATION EXEMPTION-CITY OF KEOKUK, IOWA|
|Director Of Proceedings|
|DECISION GRANTED PACIFIC RIM RAILWAY COMPANY'S REQUEST TO WITHDRAW ITS NOTICE OF EXEMPTION WITHOUT PREJUDICE AND DISMISSED KEOKUK JUNCTION RAILWAY CO.'S REQUEST FOR REJECTION/REVOCATION AS MOOT.|
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|Full Text of Decision|
40779 SERVICE DATE – MAY 3, 2010
SURFACE TRANSPORTATION BOARD
Docket No. FD 35359
PACIFIC RIM RAILWAY COMPANY, INC.—ACQUISITION AND
Decided: May 3, 2010
On March 8, 2010, Pacific Rim Railway Company (PRIM), a noncarrier, filed a verified notice of exemption under 49 C.F.R. § 1150.31 to acquire from the City of Keokuk, Iowa and to operate approximately 2,894 feet of railroad trackage (.544-mile) consisting of a 2,194 foot-long railroad bridge over the Mississippi River, commonly known as the Keokuk Municipal Bridge, approximately 600 feet of land and track at the approach to the bridge at Hamilton, Ill., and approximately 100 feet of land and track at the approach to the bridge at Keokuk. Notice of the exemption was served and published in the Federal Register on March 24, 2010 (75 Fed. Reg. 14,243).
On April 6, 2010, Keokuk Junction Railway Co. (KJRY) filed a motion to reject or revoke PRIM’s notice of exemption on grounds that the notice contained false and/or misleading statements. PRIM replied on April 7, 2010. On April 13, 2010, KJRY also filed a supplemental petition to revoke. By letter filed on April 26, 2010, PRIM has requested leave to withdraw its notice of exemption without prejudice to refiling a new notice at a later time.
PRIM’s request for withdrawal is reasonable and will be granted. Because PRIM’s request for withdrawal is being granted, KJRY’s motion and petition for revocation/rejection will be dismissed as moot.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. PRIM’s request for withdrawal is granted and the proceeding is dismissed without prejudice.
2. KJRY’s request for rejection/revocation is dismissed as moot.
3. This decision is effective on its date of service.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.