[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Notices]
[Page 33940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15365]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36126]


Chicago Rail & Port, LLC-- Lease and Operation Exemption--Rail 
Line of South Chicago Property Development, LLC

    Chicago Rail & Port, LLC (CRP), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire by lease from South 
Chicago Property Development, LLC (SCPD) and to operate,\1\ 
approximately 3,797 linear feet (0.72 mile) of railroad right-of-way 
and trackage and transloading facilities located at the northeast 
corner of the intersection of 106th Street and the Calumet River in 
Chicago, Ill. (the Chicago Transload Facility trackage), pursuant to an 
agreement.
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    \1\ A draft copy of the operating agreement was submitted with 
the notice of exemption.
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    According to CRP, there are no mileposts associated with the 
Chicago Transload Facility trackage. CRP states that the trackage is 
used to transload gravel and other stone products (including railroad 
stone ballast), and aggregate materials from water to rail. The 
trackage is used in conjunction with interchanging to and from the 
Indiana Harbor Belt Railroad Company.
    CRP asserts that because the trackage in question will constitute 
the entire line of railroad of CRP, this trackage is a line of railroad 
under 49 U.S.C. 10901, rather than spur, switching or side tracks 
excepted from Board acquisition and operation authority by virtue of 49 
U.S.C. 10906.\2\
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    \2\ See Effingham R.R.--Pet. for Declaratory Order--Constr. at 
Effingham, IL, NOR 41986 et al. (STB served Sept. 18, 1998), aff'd 
sub nom. United Transp. Union-Ill. Legislative Bd. v. STB, 183 F.3d 
606 (7th Cir. 1999).
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    Although CRP states in its verified notice that the operations were 
proposed to be consummated on or about June 1, 2017, this transaction 
may not be consummated until August 5, 2017 (30 days after the verified 
notice was officially filed).\3\
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    \3\ CRP initially filed its verified notice of exemption on June 
14, 2017. CRP filed letters supplementing and clarifying its 
verified notice on June 20, 2017, and July 6, 2017, respectively. 
Therefore, July 6, 2017, is the official filing date.
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    CRP certifies that its projected annual revenues as a result of 
this transaction do not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million. CRP also certifies 
that there are no provisions or agreements that may limit future 
interchange commitments.
    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 July 28, 2017 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36126, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on CRP's representative, David C. Dillon, 
Dillon & Nash, Ltd., 3100 Dundee Road, Suite 508, Northbrook, IL 60062.
    According to CRP, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''

    Decided: July 18, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-15365 Filed 7-20-17; 8:45 am]
 BILLING CODE 4915-01-P