City of Chicago-Acquisition Exemption-Chicago Terminal Railroad, 37944 [2019-16561]
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Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Notices
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36333]
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City of Chicago—Acquisition
Exemption—Chicago Terminal
Railroad
The City of Chicago (City) has filed a
verified notice of exemption under 49
CFR 1150.31 to acquire the right to
reactivate rail service from Chicago
Terminal Railroad (CTM) on
approximately 2.725 miles of rail line,
consisting of (1) an approximately 2.625
mile segment from the western right of
way line of North Elston Avenue to a
terminus near the intersection of
Chicago Avenue and Halsted Street in
the Goose Island district of Chicago (the
Goose Island Segment), and (2) an
approximately 0.1 mile segment of the
Bloomingdale line between the western
right of way line of North Elston Avenue
and the Union Pacific North Avenue
Yard (the North Elston Segment)
(collectively, the Line).
The Board granted an application by
Alloy Property Company, LLC (Alloy)
for adverse abandonment of the Goose
Island Segment in 2018, see Alloy
Property Co., LLC—Adverse Aban.—Chi.
Terminal R.R. in Chicago, Ill., AB 1258
(STB served Apr. 30, 2018), and
authorized abandonment of the North
Elston Segment in 2018, see Chi.
Terminal R.R.—Abandonment
Exemption—in Chicago, Ill., AB 1268X
(STB served Sept. 28, 2018). The City
states that the Board issued a Certificate
of Interim Trail Use (CITU) for the
Goose Island Segment and a Notice of
Interim Trail Use (NITU) for the North
Elston Segment, and the City and CTM
have been negotiating a trail use
agreement pursuant to the National
Trails System Act, 16 U.S.C. 1247(d).
The trail use negotiation period in both
proceedings has been extended to
September 23, 2019. Alloy Property Co.,
LLC—Adverse Aban.—Chi. Terminal
R.R. in Chicago, Ill., AB 1258 et al. (STB
served Apr. 15, 2019).
The City’s verified notice describes
three agreements, under which the City
and CTM will both consummate their
trail use agreement regarding the Line
and transfer CTM’s right to reactivate
freight service to the City upon or
shortly after the effective date of this
verified notice of exemption. First, the
City states that the Line will be the
subject of a trail use agreement between
the City as the trail sponsor and CTM,
which is currently the residual common
carrier rights holder. Second, the City
states that CTM and Alloy have
negotiated and are prepared to enter
into an Asset Purchase Agreement
through which CTM has committed to
VerDate Sep<11>2014
18:02 Aug 01, 2019
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convey its easement and other property
interests in the Line to Alloy. Finally,
the City states that it and Alloy
anticipate entering into an agreement
through which Alloy may direct CTM,
per the terms of the Asset Purchase
Agreement, to transfer directly to the
City certain easement and other
property interests in the Line for
purposes of carrying out certain trail
uses as the trail use sponsor. According
to the City, it will thereby acquire both
CTM’s real property interests and the
right to reactive rail service on the Line.
The City certifies that its projected
annual revenues as a result of this
transaction will not exceed those that
would qualify it as a Class III rail
carrier. The City further certifies that the
proposed transaction does not involve a
provision or agreement that would limit
future interchange with a third-party
connecting carrier.
The transaction may be consummated
on or after August 18, 2019, the effective
date of the exemption (30 days after the
verified notice was filed).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions to stay must be
filed no later than August 9, 2019 (at
least seven days before the exemption
becomes effective).
All pleadings, referring to Docket No.
FD 36333, must be filed with the
Surface Transportation Board either via
e-filing or in writing addressed to 395 E
Street SW, Washington, DC 20423–0001.
In addition, a copy of each pleading
must be served on the City’s
representative, Charles A. Spitulnik,
Kaplan Kirsch & Rockwell LLP, 1634 I
(Eye) Street NW, Suite 300, Washington,
DC 20006.
According to the City, this action is
categorically excluded from
environmental reporting requirements
under 49 CFR 1105.6(c) and from
historic preservation reporting
requirements under 49 CFR
1105.8(b)(1).
Board decisions and notices are
available at www.stb.gov.
Decided: July 30, 2019.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019–16561 Filed 8–1–19; 8:45 am]
BILLING CODE 4915–01–P
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36334]
Golden Isles Terminal Railroad, Inc.—
Trackage Rights Exemption—CSX
Transportation, Inc.
Golden Isles Terminal Railroad, Inc.
(GITM), a Class III railroad, has filed a
verified notice of exemption under 49
CFR 1180.2(d)(7) to acquire trackage
rights on a line of railroad owned by
CSX Transportation, Inc. (CSXT),
between milepost A489± near Georgia
Ports Authority Garden City Terminal
and milepost S500± at or about the
entrance to CSXT’s Savannah Yard, plus
sufficient head or tail room (i) from the
north entrance to Old Savannah Yard,
through Loricks Lead, out on Number
One Main to milepost A492±, and (ii)
from the south entrance of Old
Savannah Yard, through the Blossom
signal, out on Mainline to milepost
S504±, in Chatham County, Ga.1
According to GITM, the trackage rights
agreement replaces a previous trackage
rights agreement between CSXT to
GITM that has expired.2
The verified notice states that the
proposed transaction will allow GITM
to bridge intermodal traffic between the
Garden City Terminal and Savannah
Yard for CSX Intermodal Terminals,
Inc., and to provide supporting
switching services.
The proposed transaction may be
consummated on or after August 17,
2019, the effective date of the exemption
(30 days after the verified notice of
exemption was filed).
As a condition to this exemption, any
employees affected by the trackage
rights will be protected by the
conditions imposed in Norfolk &
Western Railway—Trackage Rights—
Burlington Northern, Inc., 354 I.C.C. 605
(1978), as modified in Mendocino Coast
Railway—Lease & Operate—California
Western Railroad, 360 I.C.C. 653 (1980).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
1 A redacted version of the agreement between
GITM and CSXT was filed with GITM’s verified
notice of exemption. GITM simultaneously filed a
motion for a protective order to protect the
confidential and commercially sensitive
information in the unredacted version of the
agreement, which GITM submitted under seal. That
motion will be addressed in a separate decision.
2 See Golden Isles Terminal R.R.—Trackage
Rights Exemption—CSX Transp., Inc., FD 34432
(STB served Nov. 20, 2003). GITM states that,
although the trackage rights agreement expired, the
trackage rights were not discontinued and by
agreement of the parties, GITM continues to use the
trackage rights under the terms of the expired
agreement.
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Agencies
[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Page 37944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16561]
[[Page 37944]]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36333]
City of Chicago--Acquisition Exemption--Chicago Terminal Railroad
The City of Chicago (City) has filed a verified notice of exemption
under 49 CFR 1150.31 to acquire the right to reactivate rail service
from Chicago Terminal Railroad (CTM) on approximately 2.725 miles of
rail line, consisting of (1) an approximately 2.625 mile segment from
the western right of way line of North Elston Avenue to a terminus near
the intersection of Chicago Avenue and Halsted Street in the Goose
Island district of Chicago (the Goose Island Segment), and (2) an
approximately 0.1 mile segment of the Bloomingdale line between the
western right of way line of North Elston Avenue and the Union Pacific
North Avenue Yard (the North Elston Segment) (collectively, the Line).
The Board granted an application by Alloy Property Company, LLC
(Alloy) for adverse abandonment of the Goose Island Segment in 2018,
see Alloy Property Co., LLC--Adverse Aban.--Chi. Terminal R.R. in
Chicago, Ill., AB 1258 (STB served Apr. 30, 2018), and authorized
abandonment of the North Elston Segment in 2018, see Chi. Terminal
R.R.--Abandonment Exemption--in Chicago, Ill., AB 1268X (STB served
Sept. 28, 2018). The City states that the Board issued a Certificate of
Interim Trail Use (CITU) for the Goose Island Segment and a Notice of
Interim Trail Use (NITU) for the North Elston Segment, and the City and
CTM have been negotiating a trail use agreement pursuant to the
National Trails System Act, 16 U.S.C. 1247(d). The trail use
negotiation period in both proceedings has been extended to September
23, 2019. Alloy Property Co., LLC--Adverse Aban.--Chi. Terminal R.R. in
Chicago, Ill., AB 1258 et al. (STB served Apr. 15, 2019).
The City's verified notice describes three agreements, under which
the City and CTM will both consummate their trail use agreement
regarding the Line and transfer CTM's right to reactivate freight
service to the City upon or shortly after the effective date of this
verified notice of exemption. First, the City states that the Line will
be the subject of a trail use agreement between the City as the trail
sponsor and CTM, which is currently the residual common carrier rights
holder. Second, the City states that CTM and Alloy have negotiated and
are prepared to enter into an Asset Purchase Agreement through which
CTM has committed to convey its easement and other property interests
in the Line to Alloy. Finally, the City states that it and Alloy
anticipate entering into an agreement through which Alloy may direct
CTM, per the terms of the Asset Purchase Agreement, to transfer
directly to the City certain easement and other property interests in
the Line for purposes of carrying out certain trail uses as the trail
use sponsor. According to the City, it will thereby acquire both CTM's
real property interests and the right to reactive rail service on the
Line.
The City certifies that its projected annual revenues as a result
of this transaction will not exceed those that would qualify it as a
Class III rail carrier. The City further certifies that the proposed
transaction does not involve a provision or agreement that would limit
future interchange with a third-party connecting carrier.
The transaction may be consummated on or after August 18, 2019, the
effective date of the exemption (30 days after the verified notice was
filed).
If the verified notice contains false or misleading information,
the exemption is void ab initio. Petitions to revoke the exemption
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a
petition to revoke will not automatically stay the effectiveness of the
exemption. Petitions to stay must be filed no later than August 9, 2019
(at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36333, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on the City's representative,
Charles A. Spitulnik, Kaplan Kirsch & Rockwell LLP, 1634 I (Eye) Street
NW, Suite 300, Washington, DC 20006.
According to the City, this action is categorically excluded from
environmental reporting requirements under 49 CFR 1105.6(c) and from
historic preservation reporting requirements under 49 CFR 1105.8(b)(1).
Board decisions and notices are available at www.stb.gov.
Decided: July 30, 2019.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-16561 Filed 8-1-19; 8:45 am]
BILLING CODE 4915-01-P