Alloy Property Company, LLC-Adverse Abandonment-Chicago Terminal Railroad in Chicago, Ill., 56101 [2017-25512]

Agencies

• Surface Transportation Board

[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