[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46879-46880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21531]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36145]


Scrap Metal Services Terminal Railroad Company (Indiana), LLC--
Lease and Operation Exemption--Rail Line of Scrap Metal Services, LLC

    Scrap Metal Services Terminal Railroad Company (Indiana), LLC 
(SMSRRIN), a noncarrier, has filed a verified notice of exemption under 
49 CFR 1150.31 to acquire by lease from Scrap Metal Services, LLC 
(SMS), and to operate,\1\ approximately 2,115 linear feet (0.40 mile) 
of railroad right-of-way and trackage located at the East Chicago 
Transload Facility at the intersection of East 151st Street and the 
Indiana Harbor Belt Railroad right-of-way in East Chicago, Ind. (the 
East Chicago Transload Facility trackage), pursuant to an agreement. 
SMS Realty (East Chicago), LLC, owns the East Chicago Transload 
Facility trackage, which is leased to SMS.
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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 SMSRRIN, there are no mileposts associated with the 
East Chicago Transload Facility trackage. SMSRRIN states that the 
trackage is used in conjunction with interchanging to and from Indiana 
Harbor Belt Railroad carloads of scrap metal for transloading into 
trucks for delivery to metal working manufacturers.
    SMSRRIN asserts that, because the trackage in question will 
constitute the entire line of railroad of SMSRRIN, 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, Ill., 2 S.T.B. 606, 609-10 (STB served Sept. 12, 1997), 
aff'd sub nom. United Transp. Union-Illinois Legislative Bd. v. STB, 
183 F.3d 606 (7th Cir. 1999).
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    Although SMSRRIN states in its verified notice that the operations 
were proposed to be consummated on or about September 15, 2017, this 
transaction may not be consummated until October 21, 2017 (30 days 
after the verified notice was filed).
    SMSRRIN 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. SMSRRIN 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 October 13, 
2017 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36145, must be filed with the Surface Transportation Board, 395 E 
Street SW.,

[[Page 46880]]

Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on SMSRRIN's representative, David C. Dillon, Dillon & Nash, 
Ltd., 3100 Dundee Road, Suite 508, Northbrook, IL 60062.
    According to SMSRRIN, 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: October 2, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-21531 Filed 10-5-17; 8:45 am]
 BILLING CODE 4915-01-P