82 FR 45352 - Scrap Metal Services Terminal Railroad Company (Illinois), LLC-Lease and Operation Exemption-Rail Line of Scrap Metal Services, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 187 (September 28, 2017)

[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45352-45353]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20784]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36144]


Scrap Metal Services Terminal Railroad Company (Illinois), LLC--
Lease and Operation Exemption--Rail Line of Scrap Metal Services, LLC

    Scrap Metal Services Terminal Railroad Company (Illinois), LLC 
(SMSRRIL), a noncarrier, has filed a verified notice of exemption under 
49 CFR 1150.31 to acquire by lease from Scrap Metal Services, LLC 
(SMS), and to operate,\1\ approximately 1,613 linear feet (0.305 mile) 
of railroad right-of-way and trackage located at the Burnham Transload 
Facility at the intersection of Brainard Avenue and the Indiana Harbor 
Belt Railroad right-of-way in Burnham, Ill. (the Burnham Transload 
Facility trackage), pursuant to an agreement. SMS Realty (Burnham), 
LLC, owns the Burnham Transload Facility trackage, which is leased to 
SMS.
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    \1\ A draft copy of the operating agreement was submitted with 
the notice of exemption.
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    According to SMSRRIL, there are no mileposts associated with the 
Burnham Transload Facility trackage. SMSRRIL states that the trackage 
is used in conjunction with interchanging to and from Indiana Harbor 
Belt Railroad carloads of scrap metals for transloading into trucks for 
delivery to steel producing mills.
    SMSRRIL asserts that, because the trackage in question will 
constitute the entire line of railroad of SMSRRIL, this trackage is a 
line of railroad under 49 U.S.C. 10901, rather than spur, switching, or 
side tracks excepted from Board acquisition and operation authority by 
virtue of 49 U.S.C. 10906.\2\
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    \2\ See Effingham R.R.--Pet. for Declaratory Order--Constr. at 
Effingham, Ill., 2 S.T.B. 606, 609-10 (STB served Sept. 12, 1997), 
aff'd sub nom. United Transp. Union-Illinois Legislative Bd. v. STB, 
183 F.3d 606 (7th Cir. 1999).
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    Although SMSRRIL states in its verified notice that the operations 
were proposed to be consummated on or about September 1, 2017, this 
transaction may not be consummated until October 12, 2017 (30 days 
after the verified notice was filed).
    SMSRRIL certifies that its projected annual revenues as a result of 
this transaction do not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million. SMSRRIL also certifies 
that there are no provisions or agreements that may limit future 
interchange commitments.
    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 to stay must be filed no later than October 5, 
2017 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36144, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on SMSRRIL's representative, David C. Dillon, 
Dillon & Nash, Ltd.,

[[Page 45353]]

3100 Dundee Road, Suite 508, Northbrook, IL 60062.
    According to SMSRRIL, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''

    Decided: September 25, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-20784 Filed 9-27-17; 8:45 am]
 BILLING CODE 4915-01-P