Alloy Property Company, LLC-Adverse Abandonment-Chicago Terminal Railroad in Chicago, Ill., 56101 [2017-25512]
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Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices
SURFACE TRANSPORTATION BOARD
[Docket No. AB 1258]
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Alloy Property Company, LLC—
Adverse Abandonment—Chicago
Terminal Railroad in Chicago, Ill.
On October 11, 2017, Alloy Property
Company, LLC (Alloy or Applicant),
filed an application under 49 U.S.C.
10903 requesting that the Surface
Transportation Board (Board) authorize
the third-party, or adverse,
abandonment of approximately 2.625
miles of the remaining portions of the
C&E and Bloomingdale lines of the
Chicago Terminal Railroad Company
(CTM) in Chicago, Cook County, Ill. (the
Line). The Line originates at the western
side of North Elston Avenue and
proceeds east and south to Goose Island
to a terminus near the intersection of
North Branch Street and Halsted Street.
There are no stations associated with
the Line. The Line traverses United
States Postal Service Zip Codes 60614
and 60642. The application is available
on the Board’s Web site at http://
www.stb.gov, or a copy can be secured
from Alloy’s counsel, whose name and
address appear below.
Alloy recently purchased property in
the North Branch area of Chicago and
portions of Alloy’s property are
traversed by the Line. According to
Alloy, no rail shipments have originated
or terminated on the Line since January
2015. Alloy states that any businesses
on the Line that once could have used
rail transportation have ceased
operations, relocated, or converted to
the use of non-rail transportation. Alloy
also states that its application is
supported by local landowners and the
City of Chicago.
In a decision served on August 16,
2017, Alloy was granted exemptions
from several statutory provisions as well
as waivers of certain Board regulations
at 49 CFR pt. 1152 that were not
relevant to its adverse abandonment
application or that sought information
not available to it. Specifically, Alloy
was granted an exemption from 49
U.S.C. 10903(c)(2) and waiver of 49
CFR§ 1152.10–14 and § 1152.24(e)(1)
pertaining to System Diagram Maps;
exemption from 49 U.S.C. 10903(a)(3)(B)
and waiver of 49 CFR 1152.20(a)(3)
regarding posting at stations and
terminals; waiver of 49 CFR 1152.21
pertaining to the form of the notice of
intent; waiver and modification of
certain required elements in an adverse
abandonment application, specifically
49 CFR 1152.22(a)(5) (SDM
information), § 1152.22(b) (condition of
property), § 1152.22(c) (service
provided), and § 1152.22(d) (revenue
VerDate Sep<11>2014
16:59 Nov 24, 2017
Jkt 244001
and cost data), and § 1152.22(i) (draft
Federal Register notice); waiver of the
requirement under 49 CFR 1152.29(e)(2)
that the abandonment be consummated
within one year after the abandonment
application; and exemption from 49
U.S.C. 10904 and waiver of 49 CFR
1152.27, which govern an offer of
financial assistance (OFA) to continue
common carrier rail service.
Alloy states that the Line does not
contain federally granted rights-of-way.
Any documentation in Alloy’s
possession will be made available
promptly to those requesting it. Alloy’s
entire case-in-chief for adverse
abandonment was filed with the
application.
Alloy states that there is no ongoing
rail service on the Line, so there would
be no employees affected by an adverse
abandonment. Nevertheless, the
interests of any railroad employees will
be protected by the conditions set forth
in Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979).
Any interested person may file either
written comments concerning the
proposed adverse abandonment and
discontinuance, or protests (including
protestant’s entire opposition case).
Persons who may oppose the proposed
adverse abandonment and
discontinuance but who do not wish to
participate fully in the process by
submitting verified statements of
witnesses containing detailed evidence
should file comments. Persons opposing
the proposed adverse abandonment and
discontinuance who wish to participate
actively and fully in the process should
file a protest, observing the filing,
service, and content requirements of 49
CFR 1152.25. In a decision served
October 25, 2017, a discovery dispute
between the parties was referred to an
Administrative Law Judge at the Federal
Energy Regulatory Commission. A
deadline for comments concerning the
proposed adverse abandonment and
discontinuance, as well as any reply
from Alloy, will be set by a future Board
decision upon resolution of the
discovery issues.
Any request for an interim trail use/
railbanking condition under 16 U.S.C.
1247(d) and 49 CFR 1152.29 should
address whether the issuance of a
certificate of interim trail use in this
case would be consistent with the grant
of an adverse abandonment and
discontinuance application. Each trail
use request must be accompanied by a
$300 filing fee. See 49 CFR
1002.2(f)(27). A deadline for any request
for an interim trail use/railbanking
PO 00000
Frm 00117
Fmt 4703
Sfmt 9990
56101
condition will be set by a future Board
decision upon resolution of the
discovery issues.
All filings in response to this notice
must refer to Docket No. AB 1258 and
must be sent to: (1) Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001; (2) Alloy’s
counsel, Matthew J. Warren, Sidley
Austin LLP, 1501 K Street NW.,
Washington, DC 20005.
Filings may be submitted either via
the Board’s e-filing format or in the
traditional paper format. Any person
using e-filing should comply with the
instructions found on the Board’s
‘‘www.stb.gov’’ Web site, at the ‘‘EFILING’’ link. Any person submitting a
filing in the traditional paper format
should send the original and 10 copies
of the filing to the Board with a
certificate of service. Except as
otherwise set forth in 49 CFR pt. 1152,
every document filed with the Board
must be served on all parties to this
adverse abandonment and
discontinuance proceeding. 49 CFR
1104.12(a).
An environmental assessment (EA)
prepared by the Board’s Office of
Environmental Analysis (OEA) was
served on November 13, 2017. Any
other persons who would like to obtain
a copy of the EA may contact OEA by
phone at the number listed below. The
deadline for submission of comments on
the EA is December 11, 2017. The
comments received will be addressed in
the Board’s decision. A supplemental
EA may be issued where appropriate.
Persons seeking further information
concerning abandonment and
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/discontinuance
regulations at 49 CFR pt. 1152.
Questions concerning environmental
issues may be directed to OEA 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 Web site at
‘‘WWW.STB.GOV.’’
Decided: November 21, 2017.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017–25512 Filed 11–24–17; 8:45 am]
BILLING CODE 4915–01–P
E:\FR\FM\27NON1.SGM
27NON1
Agencies
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Page 56101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25512]
[[Page 56101]]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1258]
Alloy Property Company, LLC--Adverse Abandonment--Chicago
Terminal Railroad in Chicago, Ill.
On October 11, 2017, Alloy Property Company, LLC (Alloy or
Applicant), filed an application under 49 U.S.C. 10903 requesting that
the Surface Transportation Board (Board) authorize the third-party, or
adverse, abandonment of approximately 2.625 miles of the remaining
portions of the C&E and Bloomingdale lines of the Chicago Terminal
Railroad Company (CTM) in Chicago, Cook County, Ill. (the Line). The
Line originates at the western side of North Elston Avenue and proceeds
east and south to Goose Island to a terminus near the intersection of
North Branch Street and Halsted Street. There are no stations
associated with the Line. The Line traverses United States Postal
Service Zip Codes 60614 and 60642. The application is available on the
Board's Web site at http://www.stb.gov, or a copy can be secured from
Alloy's counsel, whose name and address appear below.
Alloy recently purchased property in the North Branch area of
Chicago and portions of Alloy's property are traversed by the Line.
According to Alloy, no rail shipments have originated or terminated on
the Line since January 2015. Alloy states that any businesses on the
Line that once could have used rail transportation have ceased
operations, relocated, or converted to the use of non-rail
transportation. Alloy also states that its application is supported by
local landowners and the City of Chicago.
In a decision served on August 16, 2017, Alloy was granted
exemptions from several statutory provisions as well as waivers of
certain Board regulations at 49 CFR pt. 1152 that were not relevant to
its adverse abandonment application or that sought information not
available to it. Specifically, Alloy was granted an exemption from 49
U.S.C. 10903(c)(2) and waiver of 49 CFRSec. 1152.10-14 and Sec.
1152.24(e)(1) pertaining to System Diagram Maps; exemption from 49
U.S.C. 10903(a)(3)(B) and waiver of 49 CFR 1152.20(a)(3) regarding
posting at stations and terminals; waiver of 49 CFR 1152.21 pertaining
to the form of the notice of intent; waiver and modification of certain
required elements in an adverse abandonment application, specifically
49 CFR 1152.22(a)(5) (SDM information), Sec. 1152.22(b) (condition of
property), Sec. 1152.22(c) (service provided), and Sec. 1152.22(d)
(revenue and cost data), and Sec. 1152.22(i) (draft Federal Register
notice); waiver of the requirement under 49 CFR 1152.29(e)(2) that the
abandonment be consummated within one year after the abandonment
application; and exemption from 49 U.S.C. 10904 and waiver of 49 CFR
1152.27, which govern an offer of financial assistance (OFA) to
continue common carrier rail service.
Alloy states that the Line does not contain federally granted
rights-of-way. Any documentation in Alloy's possession will be made
available promptly to those requesting it. Alloy's entire case-in-chief
for adverse abandonment was filed with the application.
Alloy states that there is no ongoing rail service on the Line, so
there would be no employees affected by an adverse abandonment.
Nevertheless, the interests of any railroad employees will be protected
by the conditions set forth in Oregon Short Line Railroad--Abandonment
Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville
Counties, Idaho, 360 I.C.C. 91 (1979).
Any interested person may file either written comments concerning
the proposed adverse abandonment and discontinuance, or protests
(including protestant's entire opposition case). Persons who may oppose
the proposed adverse abandonment and discontinuance but who do not wish
to participate fully in the process by submitting verified statements
of witnesses containing detailed evidence should file comments. Persons
opposing the proposed adverse abandonment and discontinuance who wish
to participate actively and fully in the process should file a protest,
observing the filing, service, and content requirements of 49 CFR
1152.25. In a decision served October 25, 2017, a discovery dispute
between the parties was referred to an Administrative Law Judge at the
Federal Energy Regulatory Commission. A deadline for comments
concerning the proposed adverse abandonment and discontinuance, as well
as any reply from Alloy, will be set by a future Board decision upon
resolution of the discovery issues.
Any request for an interim trail use/railbanking condition under 16
U.S.C. 1247(d) and 49 CFR 1152.29 should address whether the issuance
of a certificate of interim trail use in this case would be consistent
with the grant of an adverse abandonment and discontinuance
application. Each trail use request must be accompanied by a $300
filing fee. See 49 CFR 1002.2(f)(27). A deadline for any request for an
interim trail use/railbanking condition will be set by a future Board
decision upon resolution of the discovery issues.
All filings in response to this notice must refer to Docket No. AB
1258 and must be sent to: (1) Surface Transportation Board, 395 E
Street SW., Washington, DC 20423-0001; (2) Alloy's counsel, Matthew J.
Warren, Sidley Austin LLP, 1501 K Street NW., Washington, DC 20005.
Filings may be submitted either via the Board's e-filing format or
in the traditional paper format. Any person using e-filing should
comply with the instructions found on the Board's ``www.stb.gov'' Web
site, at the ``E-FILING'' link. Any person submitting a filing in the
traditional paper format should send the original and 10 copies of the
filing to the Board with a certificate of service. Except as otherwise
set forth in 49 CFR pt. 1152, every document filed with the Board must
be served on all parties to this adverse abandonment and discontinuance
proceeding. 49 CFR 1104.12(a).
An environmental assessment (EA) prepared by the Board's Office of
Environmental Analysis (OEA) was served on November 13, 2017. Any other
persons who would like to obtain a copy of the EA may contact OEA by
phone at the number listed below. The deadline for submission of
comments on the EA is December 11, 2017. The comments received will be
addressed in the Board's decision. A supplemental EA may be issued
where appropriate.
Persons seeking further information concerning abandonment and
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/discontinuance regulations at 49 CFR pt.
1152. Questions concerning environmental issues may be directed to OEA
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 Web site at
``WWW.STB.GOV.''
Decided: November 21, 2017.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-25512 Filed 11-24-17; 8:45 am]
BILLING CODE 4915-01-P