83 FR 45175 - Chicago Terminal Railroad-Abandonment Exemption-in Chicago, Illinois

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 172 (September 5, 2018)

Page Range		45175-45175
FR Document		2018-19223
Federal Register, Volume 83 Issue 172 (Wednesday, September 5, 2018)
[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Page 45175]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19223]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1268X]


Chicago Terminal Railroad--Abandonment Exemption--in Chicago, 
Illinois

    Chicago Terminal Railroad (CTM) filed a verified notice of 
exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon a 
less than 0.1-mile portion of the ``Bloomingdale'' line in Chicago, 
Ill., between N. Elston Avenue and Union Pacific North Avenue Yard (the 
Line). The Line traverses United States Postal Service Zip Code 60642.
    CTM has certified that: (1) No local freight traffic has moved over 
the Line for at least two years; (2) there is no overhead traffic on 
the Line; (3) no formal complaint filed by a user of rail service on 
the line (or a state or local government acting on behalf of any such 
user) regarding cessation of service over the line either is pending 
before the Surface Transportation Board or any U.S. District Court or 
has been decided in favor of the complainant within the two-year 
period; and (4) the requirements at 49 CFR 1105.7(c) (environmental 
report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper 
publication), and 49 CFR 1152.50(d)(1) (notice to governmental 
agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received,\1\ this exemption will be 
effective on October 5, 2018, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
September 17, 2018. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 25, 2018,\4\ 
with the Surface Transportation Board, 395 E Street SW, Washington, DC 
20423-0001.
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    \1\ The Board modified its OFA procedures effective July 29, 
2017. Among other things, the OFA process now requires potential 
offerors, in their formal expression of intent, to make a 
preliminary financial responsibility showing based on a calculation 
using information contained in the carrier's filing and publicly 
available information. See Offers of Financial Assistance, EP 729 
(STB served June 29, 2017); 82 FR 30,997 (July 5, 2017).
    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental 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\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,800. See Regulations Governing Fees for Servs. 
Performed in Connection with Licensing & Related Servs.--2017 
Update, EP 542 (Sub-No. 25), slip op. App. B at 13 (STB served 
August 8, 2018).
    \4\ CTM states that it operated the Line pursuant to an 
operating easement granted to CTM by Soo Line Railroad Company (Soo) 
and that Soo continues to the own the real estate underlying the 
Line. Thus, CTM states that the right of way currently used by the 
Line potentially could be appropriate for other public purposes.
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    A copy of any petition filed with the Board should be sent to CTM's 
representative: John D. Heffner, Clark Hill Strasburger, 1025 
Connecticut Ave. NW, Suite 717, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CTM has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by September 10, 2018. Interested persons may obtain a copy of the EA 
by writing to OEA (Room 1100, Surface Transportation Board, Washington, 
DC 20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1-800-877-8339. Comments on environmental and 
historic preservation matters must be filed within 15 days after the EA 
becomes available to the public.
    Environmental, historic preservation, public use, or 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), CTM 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 CTM's filing of a notice of 
consummation by September 5, 2019, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: August 30, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-19223 Filed 9-4-18; 8:45 am]
 BILLING CODE 4915-01-P
Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 45175

proposed rule change between the (transmittal letter), 49 CFR 1105.12 CTM has filed a combined
Commission and any person, other than (newspaper publication), and 49 CFR environmental and historic report that
those that may be withheld from the 1152.50(d)(1) (notice to governmental addresses the effects, if any, of the
public in accordance with the agencies) have been met. abandonment on the environment and
provisions of 5 U.S.C. 552, will be As a condition to this exemption, any historic resources. OEA will issue an
available for website viewing and employee adversely affected by the environmental assessment (EA) by
printing in the Commission’s Public abandonment shall be protected under September 10, 2018. Interested persons
Reference Room, 100 F Street NE, Oregon Short Line Railroad— may obtain a copy of the EA by writing
Washington, DC 20549, on official Abandonment Portion Goshen Branch to OEA (Room 1100, Surface
business days between the hours of 10 Between Firth & Ammon, in Bingham & Transportation Board, Washington, DC
a.m. and 3 p.m. Copies of the filing also Bonneville Counties, Idaho, 360 I.C.C. 20423–0001) or by calling OEA, at (202)
will be available for inspection and 91 (1979). To address whether this 245–0305. Assistance for the hearing
copying at the principal office of the condition adequately protects affected impaired is available through the
Exchange. All comments received will employees, a petition for partial Federal Information Relay Service
be posted without change. Persons revocation under 49 U.S.C. 10502(d) (FIRS) at 1–800–877–8339. Comments
submitting comments are cautioned that must be filed. on environmental and historic
we do not redact or edit personal Provided no formal expression of preservation matters must be filed
identifying information from comment intent to file an offer of financial within 15 days after the EA becomes
submissions. You should submit only assistance (OFA) has been received,1 available to the public.
information that you wish to make this exemption will be effective on Environmental, historic preservation,
available publicly. All submissions October 5, 2018, unless stayed pending public use, or trail use/rail banking
should refer to File Number SR– reconsideration. Petitions to stay that do conditions will be imposed, where
NYSEArca–2018–62, and should be not involve environmental issues,2 appropriate, in a subsequent decision.
submitted on or before September 26, formal expressions of intent to file an Pursuant to the provisions of 49 CFR
2018. OFA under 49 CFR 1152.27(c)(2),3 and 1152.29(e)(2), CTM shall file a notice of
For the Commission, by the Division of trail use/rail banking requests under 49 consummation with the Board to signify
Trading and Markets, pursuant to delegated CFR 1152.29 must be filed by September that it has exercised the authority
authority.31 17, 2018. Petitions to reopen or requests granted and fully abandoned the Line. If
Eduardo A. Aleman, for public use conditions under 49 CFR consummation has not been effected by
Assistant Secretary. 1152.28 must be filed by September 25, CTM’s filing of a notice of
2018,4 with the Surface Transportation consummation by September 5, 2019,
[FR Doc. 2018–19146 Filed 9–4–18; 8:45 am]
Board, 395 E Street SW, Washington, DC and there are no legal or regulatory
BILLING CODE 8011–01–P
20423–0001. barriers to consummation, the authority
A copy of any petition filed with the to abandon will automatically expire.
Board should be sent to CTM’s Board decisions and notices are
SURFACE TRANSPORTATION BOARD representative: John D. Heffner, Clark available on our website at www.stb.gov.
[Docket No. AB 1268X] Hill Strasburger, 1025 Connecticut Ave. Decided: August 30, 2018.
NW, Suite 717, Washington, DC 20036. By the Board, Scott M. Zimmerman, Acting
Chicago Terminal Railroad— If the verified notice contains false or Director, Office of Proceedings.
Abandonment Exemption—in Chicago, misleading information, the exemption Jeffrey Herzig,
Illinois is void ab initio. Clearance Clerk.
Chicago Terminal Railroad (CTM) [FR Doc. 2018–19223 Filed 9–4–18; 8:45 am]
1 The Board modified its OFA procedures
filed a verified notice of exemption BILLING CODE 4915–01–P
effective July 29, 2017. Among other things, the
under 49 CFR 1152 subpart F—Exempt OFA process now requires potential offerors, in
Abandonments to abandon a less than their formal expression of intent, to make a
0.1-mile portion of the ‘‘Bloomingdale’’ preliminary financial responsibility showing based SURFACE TRANSPORTATION BOARD
line in Chicago, Ill., between N. Elston on a calculation using information contained in the
carrier’s filing and publicly available information. [Docket No. FD 36214]
Avenue and Union Pacific North See Offers of Financial Assistance, EP 729 (STB
Avenue Yard (the Line). The Line served June 29, 2017); 82 FR 30,997 (July 5, 2017). Rock & Rail, LLC—Acquisition and
traverses United States Postal Service 2 The Board will grant a stay if an informed
Operation Exemption—Rail Lines of
Zip Code 60642. decision on environmental issues (whether raised
Martin Marietta Materials, Inc.
CTM has certified that: (1) No local by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
freight traffic has moved over the Line cannot be made before the exemption’s effective
Rock & Rail, LLC (R&R), a Class III rail
for at least two years; (2) there is no date. See Exemption of Out-of-Serv. Rail Lines, 5 carrier, has filed a verified notice of
overhead traffic on the Line; (3) no I.C.C.2d 377 (1989). Any request for a stay should exemption under 49 CFR 1150.41 to
formal complaint filed by a user of rail be filed as soon as possible so that the Board may acquire and operate approximately 0.51
take appropriate action before the exemption’s
service on the line (or a state or local effective date.
miles of rail line owned by Martin
government acting on behalf of any such 3 Each OFA must be accompanied by the filing Marietta Materials, Inc. (MMM), located
user) regarding cessation of service over fee, which is currently set at $1,800. See within MMM’s existing industry facility
the line either is pending before the Regulations Governing Fees for Servs. Performed in in Weld County, CO, between milepost
Connection with Licensing & Related Servs.—2017 14.97 and milepost 15.48, which
Surface Transportation Board or any
daltland on DSKBBV9HB2PROD with NOTICES

Update, EP 542 (Sub-No. 25), slip op. App. B at 13
U.S. District Court or has been decided (STB served August 8, 2018). includes existing yard, switching, and
in favor of the complainant within the 4 CTM states that it operated the Line pursuant to industry tracks (the Lines).
two-year period; and (4) the an operating easement granted to CTM by Soo Line R&R states that it has reached an
requirements at 49 CFR 1105.7(c) Railroad Company (Soo) and that Soo continues to agreement, pursuant to which MMM
the own the real estate underlying the Line. Thus,
(environmental report), 49 CFR 1105.11 CTM states that the right of way currently used by
would transfer its interests in the Lines
the Line potentially could be appropriate for other and other related facilities to R&R,
31 17 CFR 200.30–3(a)(12). public purposes. including a concrete ready-mix plant, a

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Document Created: 2018-09-05 01:58:29
Document Modified: 2018-09-05 01:58:29
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		83 FR 45175