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

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 172 (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