83 FR 63697 - Savage, Bingham & Garfield Railroad Company-Discontinuance of Trackage Rights Exemption-in Whiting, Ind.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 237 (December 11, 2018)

Page Range		63697-63698
FR Document		2018-26807

Federal Register, Volume 83 Issue 237 (Tuesday, December 11, 2018)

[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63697-63698]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26807]


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SURFACE TRANSPORTATION BOARD

[STB Docket No. AB 1271X]


Savage, Bingham & Garfield Railroad Company--Discontinuance of 
Trackage Rights Exemption--in Whiting, Ind.

    On November 21, 2018, Savage, Bingham & Garfield Railroad Company

[[Page 63698]]

(SBG) filed a petition \1\ under 49 U.S.C. 10502 to (1) revoke the 
exemption that authorized SBG to operate pursuant to a trackage rights 
agreement entered into between SBG and Elgin, Joliet and Eastern 
Railway Company (CN),\2\ over a 0.6-mile rail line owned by CN in 
Whiting, Ind. (the Line) and (2) allow the trackage rights to 
terminate. The Line is located between milepost J 47.4 (south end of 
CN's Whiting Line) and Bridge Number 631 at or near milepost J 46.8 on 
CN's Calumet Spur on CN's Matteson Subdivision in Whiting, Ind.
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    \1\ SBG's petition is styled as a petition to revoke. However, 
petitions to revoke trackage rights agreements typically are 
appropriate when filed concurrently with a trackage rights verified 
notice of exemption. See, e.g., Union Pac. R.R.--Trackage Rights 
Exemption--Burlington N. & Santa Fe Ry., FD 33631 (Sub-No. 1), slip 
op. at 2 (STB served July 30, 1998) (``We see nothing objectionable 
with this procedure when, as here, the petition and notice are filed 
together.''). Here, the appropriate procedure is a petition under 49 
U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to 
discontinue SBG's trackage rights over the Line.
    \2\ Elgin, Joliet and Eastern Railway Company is an indirect 
subsidiary of Canadian National Railway Company.
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    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment--
Goshen, 360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by March 11, 2019.
    Because this is a discontinuance proceeding and not an abandonment, 
trail use/rail banking and public use conditions are not appropriate. 
Similarly, no environmental or historic documentation is required under 
49 CFR 1105.6(c)(5) and 1105.8(b)(3).
    Any offer of financial assistance (OFA) for subsidy under 49 CFR 
1152.27(b)(2) will be due no later than 120 days after the filing of 
the petition for exemption, or 10 days after service of a decision 
granting the petition for exemption, whichever occurs sooner.\3\ Each 
OFA must be accompanied by the filing fee, which is currently set at 
$1,800. See 49 CFR 1002.2(f)(25).
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    \3\ The Board modified its OFA procedures effective July 29, 
2017. Among other things, the OFA process now requires potential 
offerors in all abandonment and discontinuance proceedings to file a 
formal expression of intent to file an offer. The process also 
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 30997 (July 5, 2017).
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    All filings in response to this notice must refer to STB Docket No. 
AB 1271X and must be sent to: (1) Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001 and (2) Richard F. Riley Jr., 
Foley & Lardner LLP, 3000 K Street NW, Suite 600, Washington, DC 20007-
5109. Replies to the petition are due on or before December 31, 2018.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment and discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis at (202) 245-0305. Assistance 
for the hearing impaired is available through the Federal Information 
Relay Service (FIRS) at 1-800-877-8339.
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: December 6, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-26807 Filed 12-10-18; 8:45 am]
BILLING CODE 4915-01-P

63698 Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices

(SBG) filed a petition 1 under 49 U.S.C. Washington, DC 20423–0001 and (2) litigationalternatives/Current
10502 to (1) revoke the exemption that Richard F. Riley Jr., Foley & Lardner Arbitration.html (under ‘‘Arbitration
authorized SBG to operate pursuant to LLP, 3000 K Street NW, Suite 600, Procedures’’).
a trackage rights agreement entered into Washington, DC 20007–5109. Replies to Under 49 CFR 1108.6(b), the Board is
between SBG and Elgin, Joliet and the petition are due on or before to update the roster of arbitrators
Eastern Railway Company (CN),2 over a December 31, 2018. annually. Accordingly, the Board is now
0.6-mile rail line owned by CN in Persons seeking further information requesting the names and qualifications
Whiting, Ind. (the Line) and (2) allow concerning discontinuance procedures of new arbitrators who wish to be
the trackage rights to terminate. The may contact the Board’s Office of Public placed on the roster. Current arbitrators
Line is located between milepost J 47.4 Assistance, Governmental Affairs, and who wish to remain on the roster must
(south end of CN’s Whiting Line) and Compliance at (202) 245–0238 or refer notify the Board of their continued
Bridge Number 631 at or near milepost to the full abandonment and availability and confirm that the
J 46.8 on CN’s Calumet Spur on CN’s discontinuance regulations at 49 CFR biographical information on file with
Matteson Subdivision in Whiting, Ind. part 1152. Questions concerning the Board remains accurate and if not,
The interest of railroad employees environmental issues may be directed to provide any necessary updates.
will be protected by the conditions set the Board’s Office of Environmental Arbitrators who do not confirm their
forth in Oregon Short Line Railroad— Analysis at (202) 245–0305. Assistance continued availability will be removed
Abandonment—Goshen, 360 I.C.C. 91 for the hearing impaired is available from the roster. This decision will be
(1979). through the Federal Information Relay served on all current arbitrators.
By issuance of this notice, the Board Service (FIRS) at 1–800–877–8339. Any person who wishes to be added
is instituting an exemption proceeding Board decisions and notices are to the roster should file an application
pursuant to 49 U.S.C. 10502(b). A final available on our website at www.stb.gov. describing his or her experience with
decision will be issued by March 11, rail transportation and economic
Decided: December 6, 2018.
2019. regulation, as well as professional or
Because this is a discontinuance By the Board, Scott M. Zimmerman, Acting business experience, including
proceeding and not an abandonment, Director, Office of Proceedings. agriculture, in the private sector. Each
trail use/rail banking and public use Jeffrey Herzig, applicant should also describe his or her
conditions are not appropriate. Clearance Clerk. training in dispute resolution and/or
Similarly, no environmental or historic [FR Doc. 2018–26807 Filed 12–10–18; 8:45 am] experience in arbitration or other forms
documentation is required under 49 BILLING CODE 4915–01–P of dispute resolution, including the
CFR 1105.6(c)(5) and 1105.8(b)(3). number of years of experience. Lastly,
Any offer of financial assistance the applicant should provide his or her
(OFA) for subsidy under 49 CFR SURFACE TRANSPORTATION BOARD contact information and fees.
1152.27(b)(2) will be due no later than [Docket No. EP 730 (Sub–No. 1)]
All comments—including filings from
120 days after the filing of the petition new applicants, updates to existing
for exemption, or 10 days after service Roster of Arbitrators—Annual Update arbitrator information, and
of a decision granting the petition for confirmations of continued
exemption, whichever occurs sooner.3 Under Section 13 of the Surface availability—should be submitted by
Each OFA must be accompanied by the Transportation Board Reauthorization January 11, 2019.1 The Board will assess
filing fee, which is currently set at Act of 2015 (STB Reauthorization Act), each new applicant’s qualifications to
$1,800. See 49 CFR 1002.2(f)(25). codified at 49 U.S.C. 11708, Congress determine which individuals can ably
All filings in response to this notice directed the Board to ‘‘promulgate serve as arbitrators based on the criteria
must refer to STB Docket No. AB 1271X regulations to establish a voluntary and established under 49 CFR 1108.6(b). The
and must be sent to: (1) Surface binding arbitration process to resolve Board will then establish an updated
Transportation Board, 395 E Street SW, rail rate and practice complaints’’ that roster of arbitrators by no-objection vote.
are subject to the Board’s jurisdiction. In The roster will include a brief
1 SBG’s petition is styled as a petition to revoke. May 2016, the Board issued a Notice of biographical sketch of each arbitrator,
However, petitions to revoke trackage rights Proposed Rulemaking proposing to including information such as
agreements typically are appropriate when filed modify its existing regulations at 49 CFR background, area(s) of expertise,
concurrently with a trackage rights verified notice
of exemption. See, e.g., Union Pac. R.R.—Trackage
1108 and 1115.8 to conform to the arbitration experience, and geographical
Rights Exemption—Burlington N. & Santa Fe Ry., requirements of the STB location, as well as contact information
FD 33631 (Sub-No. 1), slip op. at 2 (STB served July Reauthorization Act. Revisions to and fees. The roster will be published
30, 1998) (‘‘We see nothing objectionable with this Arbitration Procedures, EP 730 (STB on the Board’s website.
procedure when, as here, the petition and notice are
filed together.’’). Here, the appropriate procedure is
served May 12, 2016). Section 11708(f) It is ordered:
a petition under 49 U.S.C. 10502 for exemption provides that, unless parties otherwise 1. Applications from persons
from the provisions of 49 U.S.C. 10903 to agree, an arbitrator or panel of interested in being added to the Board’s
discontinue SBG’s trackage rights over the Line. arbitrators shall be selected from a roster roster of arbitrators, and confirmations
2 Elgin, Joliet and Eastern Railway Company is an
maintained by the Board. Accordingly, of continued availability (with updates,
indirect subsidiary of Canadian National Railway
Company. the Board’s rules establish a process for if any, to existing arbitrator information)
3 The Board modified its OFA procedures creating and maintaining a roster of from persons currently on the
effective July 29, 2017. Among other things, the arbitrators. See Revisions to Arbitration arbitration roster, are due by January 11,
OFA process now requires potential offerors in all Procedures (Final Rule), EP 730, slip op. 2019.
amozie on DSK3GDR082PROD with NOTICES1

abandonment and discontinuance proceedings to 2. This decision will be served on all
file a formal expression of intent to file an offer. The
at 3–4 (STB served Oct. 11, 2016).
process also requires potential offerors, in their By decision served February 23, 2017, current arbitrators and published in the
formal expression of intent, to make a preliminary the Board adopted its initial roster of Federal Register.
financial responsibility showing based on a arbitrators and updated the roster by
calculation using information contained in the 1 Persons who have informally indicated an

carrier’s filing and publicly-available information.
decision served February 14, 2018. The interest in being included on the arbitrator roster
See Offers of Financial Assistance, EP 729 (STB roster is published on the Board’s (e.g., correspondence to Board members) should
served June 29, 2017); 82 FR 30997 (July 5, 2017). website at https://www.stb.gov/stb/ submit a comment pursuant to this decision.

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Document Created: 2018-12-11 01:06:47
Document Modified: 2018-12-11 01:06:47

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 63697