82 FR 46879 - Scrap Metal Services Terminal Railroad Company (Indiana), LLC-Lease and Operation Exemption-Rail Line of Scrap Metal Services, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 193 (October 6, 2017)

Page Range		46879-46880
FR Document		2017-21531

Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017)

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46879-46880]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21531]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36145]


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

    Scrap Metal Services Terminal Railroad Company (Indiana), LLC 
(SMSRRIN), 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 2,115 linear feet (0.40 mile) 
of railroad right-of-way and trackage located at the East Chicago 
Transload Facility at the intersection of East 151st Street and the 
Indiana Harbor Belt Railroad right-of-way in East Chicago, Ind. (the 
East Chicago Transload Facility trackage), pursuant to an agreement. 
SMS Realty (East Chicago), LLC, owns the East Chicago 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 SMSRRIN, there are no mileposts associated with the 
East Chicago Transload Facility trackage. SMSRRIN states that the 
trackage is used in conjunction with interchanging to and from Indiana 
Harbor Belt Railroad carloads of scrap metal for transloading into 
trucks for delivery to metal working manufacturers.
    SMSRRIN asserts that, because the trackage in question will 
constitute the entire line of railroad of SMSRRIN, 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 SMSRRIN states in its verified notice that the operations 
were proposed to be consummated on or about September 15, 2017, this 
transaction may not be consummated until October 21, 2017 (30 days 
after the verified notice was filed).
    SMSRRIN 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. SMSRRIN 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 13, 
2017 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36145, must be filed with the Surface Transportation Board, 395 E 
Street SW.,

[[Page 46880]]

Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on SMSRRIN's representative, David C. Dillon, Dillon & Nash, 
Ltd., 3100 Dundee Road, Suite 508, Northbrook, IL 60062.
    According to SMSRRIN, 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: October 2, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-21531 Filed 10-5-17; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46879

connections to it to also access its sister Paper Comments verified notice of exemption under 49
exchanges, and it does not charge its • Send paper comments in triplicate CFR 1150.31 to acquire by lease from
clients more than once to do so. to Secretary, Securities and Exchange Scrap Metal Services, LLC (SMS), and to
Although certain of the Exchange’s Commission, 100 F Street NE., operate,1 approximately 2,115 linear
other connectivity Rules already make Washington, DC 20549–1090. feet (0.40 mile) of railroad right-of-way
these points clear (e.g., Rules 7030 and and trackage located at the East Chicago
7034), Rule 7051 does not do so. The All submissions should refer to File Transload Facility at the intersection of
Exchange therefore believes its proposal Number SR–NASDAQ–2017–097. This East 151st Street and the Indiana Harbor
to clarify Rule 7051 is warranted. file number should be included on the Belt Railroad right-of-way in East
subject line if email is used. To help the Chicago, Ind. (the East Chicago
B. Self-Regulatory Organization’s Commission process and review your Transload Facility trackage), pursuant to
Statement on Burden on Competition comments more efficiently, please use an agreement. SMS Realty (East
The Exchange does not believe that only one method. The Commission will Chicago), LLC, owns the East Chicago
the proposed rule change will impose post all comments on the Commission’s Transload Facility trackage, which is
any burden on competition not Internet Web site (http://www.sec.gov/ leased to SMS.
necessary or appropriate in furtherance rules/sro.shtml). Copies of the According to SMSRRIN, there are no
of the purposes of the Act. The proposal submission, all subsequent mileposts associated with the East
merely clarifies the Exchange’s existing amendments, all written statements Chicago Transload Facility trackage.
services and associated fees and the with respect to the proposed rule SMSRRIN states that the trackage is
Exchange does not anticipate that such change that are filed with the used in conjunction with interchanging
clarifications will have any impact on Commission, and all written to and from Indiana Harbor Belt
competition whatsoever. communications relating to the Railroad carloads of scrap metal for
proposed rule change between the transloading into trucks for delivery to
C. Self-Regulatory Organization’s Commission and any person, other than metal working manufacturers.
Statement on Comments on the those that may be withheld from the SMSRRIN asserts that, because the
Proposed Rule Change Received From public in accordance with the trackage in question will constitute the
Members, Participants, or Others provisions of 5 U.S.C. 552, will be entire line of railroad of SMSRRIN, this
No written comments were either available for Web site viewing and trackage is a line of railroad under 49
solicited or received. printing in the Commission’s Public U.S.C. 10901, rather than spur,
Reference Room, 100 F Street NE., switching, or side tracks excepted from
III. Date of Effectiveness of the Washington, DC 20549 on official Board acquisition and operation
Proposed Rule Change and Timing for business days between the hours of authority by virtue of 49 U.S.C. 10906.2
Commission Action 10:00 a.m. and 3:00 p.m. Copies of the Although SMSRRIN states in its
The foregoing rule change has become filing also will be available for verified notice that the operations were
effective pursuant to section inspection and copying at the principal proposed to be consummated on or
19(b)(3)(A)(ii) of the Act.5 office of the Exchange. All comments about September 15, 2017, this
received will be posted without change; transaction may not be consummated
At any time within 60 days of the
the Commission does not edit personal until October 21, 2017 (30 days after the
filing of the proposed rule change, the
identifying information from verified notice was filed).
Commission summarily may SMSRRIN certifies that its projected
submissions. You should submit only
temporarily suspend such rule change if annual revenues as a result of this
information that you wish to make
it appears to the Commission that such transaction do not exceed those that
available publicly. All submissions
action is: (i) Necessary or appropriate in would qualify it as a Class III rail carrier
should refer to File Number SR–
the public interest; (ii) for the protection and will not exceed $5 million.
NASDAQ–2017–097, and should be
of investors; or (iii) otherwise in SMSRRIN also certifies that there are no
submitted on or before October 27,
furtherance of the purposes of the Act. provisions or agreements that may limit
2017.
If the Commission takes such action, the future interchange commitments.
Commission shall institute proceedings For the Commission, by the Division of
Trading and Markets, pursuant to delegated If the verified notice contains false or
to determine whether the proposed rule misleading information, the exemption
should be approved or disapproved. authority.6
is void ab initio. Petitions to revoke the
Eduardo A. Aleman,
IV. Solicitation of Comments exemption under 49 U.S.C. 10502(d)
Assistant Secretary. may be filed at any time. The filing of
Interested persons are invited to [FR Doc. 2017–21541 Filed 10–5–17; 8:45 am] a petition to revoke will not
submit written data, views, and BILLING CODE 8011–01–P automatically stay the effectiveness of
arguments concerning the foregoing, the exemption. Petitions to stay must be
including whether the proposed rule filed no later than October 13, 2017 (at
change is consistent with the Act. SURFACE TRANSPORTATION BOARD least seven days before the exemption
Comments may be submitted by any of becomes effective).
the following methods: [Docket No. FD 36145]
An original and 10 copies of all
Electronic Comments Scrap Metal Services Terminal pleadings, referring to Docket No. FD
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Railroad Company (Indiana), LLC— 36145, must be filed with the Surface
• Use the Commission’s Internet Transportation Board, 395 E Street SW.,
comment form (http://www.sec.gov/ Lease and Operation Exemption—Rail
rules/sro.shtml); or Line of Scrap Metal Services, LLC
1 A draft copy of the operating agreement was

• Send an email to rule-comments@ Scrap Metal Services Terminal submitted with the notice of exemption.
sec.gov. Please include File Number SR– Railroad Company (Indiana), LLC 2 See Effingham R.R.—Pet. for Declaratory

NASDAQ–2017–097 on the subject line. Order—Constr. at Effingham, Ill., 2 S.T.B. 606,
(SMSRRIN), a noncarrier, has filed a 609–10 (STB served Sept. 12, 1997), aff’d sub nom.
United Transp. Union-Illinois Legislative Bd. v.
5 15 U.S.C. 78s(b)(3)(A)(ii). 6 17 CFR 200.30–3(a)(12). STB, 183 F.3d 606 (7th Cir. 1999).

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46880 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices

Washington, DC 20423–0001. In DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200
addition, a copy of each pleading must New Jersey Avenue SE., Washington,
be served on SMSRRIN’s representative, Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday
David C. Dillon, Dillon & Nash, Ltd., [Summary Notice No. PE–2017–78] through Friday, except Federal holidays.
3100 Dundee Road, Suite 508, FOR FURTHER INFORMATION CONTACT:
Northbrook, IL 60062. Petition for Exemption; Summary of Lynette Mitterer, AIR–673, Federal
According to SMSRRIN, this action is Petition Received Aviation Administration, 1601 Lind
categorically excluded from Avenue SW., Renton, WA 98057–3356,
environmental review under 49 CFR AGENCY: Federal Aviation email Lynette.Mitterer@faa.gov, phone
1105.6(c). Administration (FAA), DOT. (425) 227–1047; or Alphonso
Board decisions and notices are ACTION: Notice of petition for exemption Pendergrass, ARM–200, Office of
available on our Web site at received. Rulemaking, Federal Aviation
‘‘WWW.STB.GOV.’’ Administration, 800 Independence
SUMMARY: This notice contains a
Decided: October 2, 2017. Avenue SW., Washington, DC 20591,
summary of a petition seeking relief
By the Board, Scott M. Zimmerman, Acting email alphonso.pendergrass@faa.gov,
from specified requirements of Federal
Director, Office of Proceedings. phone (202) 267–4713.
Aviation Regulations. The purpose of This notice is published pursuant to
Kenyatta Clay, this notice is to improve the public’s 14 CFR 11.85.
Clearance Clerk. awareness of, and participation in, this
[FR Doc. 2017–21531 Filed 10–5–17; 8:45 am] aspect of the FAA’s regulatory activities. Issued in Renton, Washington.
BILLING CODE 4915–01–P Neither publication of this notice nor Victor Wicklund,
the inclusion or omission of information Manager, Transport Standards Branch.
in the summary is intended to affect the Petition for Exemption
legal status of the petition or its final
OFFICE OF THE UNITED STATES disposition. Docket No.: FAA–2017–0891.
TRADE REPRESENTATIVE Petitioner: Boeing.
DATES: Comments on this petition must Section of 14 CFR Affected:
identify the petition docket number § 25.903(d)(1).
[Docket Number USTR–2017–0018] involved and must be received on or Description of Relief Sought: Boeing is
before October 16, 2017. requesting relief from the requirements
Request for Comments Concerning an
ADDRESSES: Send comments identified of 14 CFR 25.903(d)(1), amendment 25–
Environmental Review of the Proposed
by docket number FAA–2017–0891 100 for a limited number of 767–2C
Renegotiation of the North American
using any of the following methods: airplanes. The regulation requires that
Free Trade Agreement; Correction
• Federal eRulemaking Portal: Go to hazards due to uncontained engine
AGENCY: Office of the United States http://www.regulations.gov and follow failures be minimized. There is a
Trade Representative the online instructions for sending your portion of the wiring for the engine
ACTION: Notice; correction. comments electronically. thrust control system where the
• Mail: Send comments to Docket redundant channels are not sufficiently
SUMMARY: The Trade Policy Staff Operations, M–30; U.S. Department of separated for 1⁄3-disc fragments within
Committee (TPSC) published a Transportation (DOT), 1200 New Jersey the uncontained engine failure hazard
document in the Federal Register of Avenue SE., Room W12–140, West zone. The relief sought is limited to
September 26, 2017, requesting Building Ground Floor, Washington, DC those 767–2C airplanes completed prior
comments that will assist the Office of 20590–0001. to the production incorporation of the
the United States Trade Representative • Hand Delivery or Courier: Take design change that sufficiently separates
(USTR) in an environmental review comments to Docket Operations in engine thrust control wiring.
relating to the renegotiation of the North Room W12–140 of the West Building [FR Doc. 2017–21543 Filed 10–5–17; 8:45 am]
American Free Trade Agreement Ground Floor at 1200 New Jersey BILLING CODE 4910–13–P
(NAFTA), a free trade agreement Avenue SE., Washington, DC, between 9
between the United States, Canada, and a.m. and 5 p.m., Monday through
Mexico. The document contained an Friday, except Federal holidays. DEPARTMENT OF TRANSPORTATION
incorrect docket number. The correct • Fax: Fax comments to Docket
docket number is Docket Number Operations at 202–493–2251. Federal Highway Administration
USTR–2017–0018. Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the Notice of Final Federal Agency Actions
FOR FURTHER INFORMATION CONTACT:
public to better inform its rulemaking on Proposed Highway Project in Utah
Direct questions about submission of
comments to Yvonne Jamison at (202) process. DOT posts these comments, AGENCY: Utah Department of
395–3475. Direct substantive questions without edit, including any personal Transportation (UDOT), Federal
to Sarah Stewart at (202) 395–7320. information the commenter provides, to Highway Administration (FHWA),
Correction: In the Federal Register of http://www.regulations.gov, as Department of Transportation.
September 26, 2017, in FR Doc. 2017– described in the system of records ACTION: Notice of Limitation on Claims
asabaliauskas on DSKBBXCHB2PROD with NOTICES

20526, 82 FR 44868–69, correct the notice (DOT/ALL–14 FDMS), which can for Judicial Review of Actions by UDOT
docket number wherever it appears to be reviewed at http://www.dot.gov/ on behalf of FHWA, and Federal
read Docket Number USTR–2017–0018. privacy. agencies.
Docket: Background documents or
Edward Gresser, comments received may be read at SUMMARY: This notice announces certain
Chair, Trade Policy Staff Committee, Office http://www.regulations.gov at any time. actions taken by UDOT on behalf of
of the United States Trade Representative. Follow the online instructions for FHWA and other Federal agencies. The
[FR Doc. 2017–21772 Filed 10–5–17; 8:45 am] accessing the docket or go to the Docket actions relate to a proposed highway
BILLING CODE 3290–F8–P Operations in Room W12–140 of the project located on Interstate 80 (I–80),

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Document Created: 2017-10-06 00:08:39
Document Modified: 2017-10-06 00:08:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 46879