Chicago St. Paul & Pacific Railroad LLC-Change in Operators Exemption-Chicago Terminal Railroad
| Published date | 16 August 2019 |
| Citation | 84 FR 42038 |
| Record Number | 2019-17650 |
| Section | Notices |
| Court | Surface Transportation Board |
Federal Register, Volume 84 Issue 159 (Friday, August 16, 2019)
[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Notices]
[Pages 42038-42039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17650]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36327]
Chicago St. Paul & Pacific Railroad LLC--Change in Operators
Exemption--Chicago Terminal Railroad
Chicago St. Paul & Pacific Railroad LLC (CSP) has filed a verified
notice of exemption under 49 CFR 1150.31 to assume operations over
approximately 3.47 miles of track (the Line) owned by Soo Line Railroad
Company (Soo Line) and currently operated by Chicago Terminal Railroad
(CTM) in Bensenville, Ill. The verified notice states that CSP will
operate and provide all rail common carrier service to shippers on the
Line pursuant to a lease agreement between its parent, Progressive Rail
Incorporated (PGR), and Soo Line. According to CSP, it will replace CTM
as the Line's operator, and, upon consummation of the transaction, CTM
will cease to serve as a common carrier on the Line. CSP states that it
understands, based on information from Soo Line, that CTM does not
object to the proposed change in operators.
This transaction is related to a concurrently filed verified notice
of exemption in Progressive Rail Incorporated--Continuance in Control
Exemption--Chicago St. Paul & Pacific Railroad, Docket No. FD 36335, in
which PGR seeks to continue in control of CSP upon CSP's becoming a
Class III rail carrier.
CSP states that its proposed lease and operation of the Line does
not involve any provision or agreement that would limit future
interchange with a third-party connecting carrier and certifies that
its projected revenues as a result of this proposed transaction will
not result in the creation of a Class II or Class I rail carrier. On
July 1, 2019, PGR filed the certification of notice to employees
[[Page 42039]]
required under 49 CFR 1150.42(e) for new carriers whose projected
annual revenue exceeds $5 million. Further, under 49 CFR 1150.32(b), a
change in operators exemption requires that notice be given to
shippers. CSP states that it has provided notice of the proposed change
in operators to all shippers on the Line.
The earliest this transaction may be consummated is August 31,
2019, the effective date of the exemption (30 days after the verified
notice was filed). CSP states that it intends to consummate the
proposed lease transaction and assume operation of the Line on
September 1, 2019.
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 for stay must be filed no later than August 23,
2019 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36327, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423. In addition, a copy
of each pleading must be served on CSP's representative, Bradon J.
Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800,
Chicago, IL 60606.
According to CSP, this action is excluded from environmental review
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: August 13, 2019.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-17650 Filed 8-15-19; 8:45 am]
BILLING CODE 4915-01-P
