[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8179-8180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3408]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1036]


The City of Chicago, Illinois--Adverse Abandonment--Chicago 
Terminal Railroad in Chicago, IL

    On February 1, 2010, the City of Chicago, IL (the City), filed an 
application under 49 U.S.C. 10903, requesting that the Surface 
Transportation Board (Board) authorize the third-party or adverse 
abandonment of two railroad lines in the City owned by the Chicago 
Terminal Railroad (CTR), totaling 1.625 miles: (1) a portion of the 
Kingsbury Branch from its southern terminus at the intersection of 
Kingsbury, Division, and Halstead Streets, to, but not including, the 
point at which the Goose Island Branch diverges from the Kingsbury 
Branch at or near Willow Street, a distance of approximately 6 city 
blocks (.75 mile) (the Kingsbury Segment); and (2) a portion of the 
Lakewood Avenue Line between the southwest right-of-way line of 
Clybourn Avenue and the Line's northern terminus at Diversey Parkway, a 
distance of approximately 7 city blocks (.875 mile) (the Lakewood 
Segment).\1\ The lines traverse United States Postal Service Zip Codes 
60614 and 60622 and include no stations. The application is available 
on the Board's Web site at http://www.stb.dot.gov, or a copy can be 
secured from applicant's counsel, whose name and address appear below.
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    \1\ This application is subject to a motion to strike and 
request for a cease and desist order filed by CTR on January 14, 
2010, which allege that the City has unlawfully removed part of the 
track. The issues raised by this filing will be resolved in a 
subsequent decision.
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    According to the City, these segments are not required for rail 
service, and their abandonment would benefit the City by improving 
safety and facilitating the reconstruction of the streets where the 
track is located.
    In a decision served in this proceeding on July 10, 2009, the City 
was granted exemptions from several statutory provisions as well as 
waivers of certain Board regulations at 49 CFR 1152 that were not 
relevant to its adverse abandonment application or that sought 
information not available to it. Specifically, the City was granted 
waiver of certain requirements pertaining to the notice of intent 
prescribed at 49 CFR 1152.21; waivers of and exemptions from 
requirements in 49 CFR 1152.20(a)(2)(i) and (a)(3), and 49 U.S.C. 
10903(a)(3)(D) and (B) that the notice be served on significant users 
and posted, except to the extent necessary to require the City to mail 
a copy of its notice to four shippers located on contiguous lines; 
waiver of the requirement in 49 CFR 1152.20(a)(2)(xii) that the notice 
be served on certain labor organizations; waiver of and exemption from 
the requirements pertaining to the System Diagram Map in 49 CFR 1152.10 
to 1152.14, 1152.24(e)(1), 1152.22(a)(5), and 49 U.S.C. 10903(c)(2); 
waiver of the requirements of 49 CFR 1152.22(b)-(d), which require a 
description of the physical condition of the line, estimated deferred 
maintenance and rehabilitation costs, a description of service 
performed on the line during the prior year, and computation of the 
revenues and avoidable costs attributable to the line; certain 
requirements in 49 CFR 1152.22(i) pertaining to the draft Federal 
Register notice; waiver of the 1-year time limit on abandonment 
authority specified at 49 CFR 1152.29(e)(2); exemption from 49 U.S.C. 
10904, which governs offers of financial assistance (OFAs), and waiver 
of the implementing regulations at 49 CFR 1152.27; and exemption from 
the provisions of 49 U.S.C. 10905, which provide for the offering of 
rail properties approved for abandonment for sale for public purposes, 
and waiver of the implementing regulations at 49 CFR 1152.28.
    The City states that there is no documentation in its possession 
indicating that the lines contain Federally granted rights-of-way and 
that it will make any such documentation relating to this abandonment 
available promptly to those requesting it. The City's entire case for 
adverse abandonment was filed with the application.
    The interests of railroad employees, if there are any employees on 
the lines, will be protected by the conditions set forth in Oregon 
Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979).
    Any interested person may file written comments concerning the 
proposed abandonment or protests (including the protestant's entire 
opposition case), by March 18, 2010. Persons who may oppose the 
proposed adverse abandonment 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 who wish to participate actively and fully 
in the process should file a protest, observing the filing, service, 
and content requirements in 49 CFR 1152.25. Because this is an adverse 
abandonment proceeding, OFAs and public use requests are not 
appropriate and will not be entertained. The City's reply is due by 
April 2, 2010.
    The Board has not yet had occasion to decide whether the issuance 
of a certificate of interim trail use in an adverse abandonment would 
be consistent with the grant of such an application. Accordingly, any 
request for a trail use condition under 16 U.S.C. 1247(d) (49 CFR 
1152.29) must be filed by March 18, 2010, and should address that 
issue. Each trail use request must be accompanied by a $250 filing fee. 
See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-1036 and must be sent to: (1) Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001; (2) counsel for applicant--
Thomas F. McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 
60604-1112; and (3) counsel for CTR--John D. Heffner, 1750 K Street, 
NW., Suite 200, Washington, DC 20006.
    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 http://www.stb.dot.gov Web site, at the ``E-FILING'' link. Any person 
submitting a

[[Page 8180]]

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 1152, every document filed with the 
Board must be served on all parties to this adverse abandonment 
proceeding. 49 CFR 1104.12(a).
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by the Board's Section of Environmental 
Analysis (SEA) will be served upon all parties of record and upon any 
agencies or other persons who commented during its preparation. Any 
other persons who would like to obtain a copy of the EA (or EIS) may 
contact SEA by phone at the number listed below. EAs in these 
abandonment proceedings normally will be made available within 33 days 
of the filing of the application. The deadline for submission of 
comments on the EA will generally be within 30 days of its service. The 
comments received will be addressed in the Board's decision. A 
supplemental EA or EIS may be issued where appropriate.
    Persons seeking further information concerning abandonment 
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 part 1152. 
Questions concerning environmental issues may be directed to SEA 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 http://www.stb.dot.gov.

    Decided: February 17, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-3408 Filed 2-22-10; 8:45 am]
BILLING CODE 4915-01-P