STATE OF ILLINOIS

ILLINOIS COMMERCE COMMISSION

City of Springfield, : Petitioner, : : v. : T19-0069 : Norfolk Southern Railway Company and Union Pacific Railroad, : Respondents. : : Petition for an Order for a separation of grades to carry the existing : tracks of Norfolk Southern Railway Company's crossing, designated : as AAR/DOT #479337E, milepost 415.24 and AAR/DOT #479336X, : milepost 414.71 and to permanently close the railroad crossing, : designated as AAR/DOT #479334J, milepost 414.55 in the City of : Springfield, Sangamon County, Illinois. :

ORDER

By the Commission:

PROCEDURAL HISTORY

On November 14, 2019, the City of Springfield, Illinois (City) filed the above captioned Verified Petition with the Illinois Commerce Commission (Commission), naming as respondents Norfolk Southern Railway Company (NS), Union Pacific Railroad (UP) and the State of Illinois Department of Transportation (IDOT). The City requests that the Commission enter an Order authorizing the City to: 1) rehabilitate the Cook Street underpass and replace the existing railroad bridge carrying the NS tracks over Cook Street in Springfield (AAR/DOT #479336X, NS milepost DH-414.71) and install a second railroad bridge in anticipation of a future additional railroad corridor; 2) rehabilitate the South Grand Avenue underpass and replace the existing railroad bridge carrying the NS tracks over South Grand Avenue in Springfield (AAR/DOT #479337E, NS milepost DH-415.24) and add a second railroad bridge in anticipation of a future additional railroad corridor; and 3) permanently close the existing at-grade crossing of an NS track with Jackson Street (AAR/DOT #479334J, NS milepost DH-414.55) in the City of Springfield, Sangamon County, Illinois.

Pursuant to notice given in accordance with the law and rules and regulations of the Commission, the matter came for hearing before a duly authorized Administrative Law Judge (ALJ) of the Commission on December 17, 2020 by telephone. Appearances were entered on behalf of the City, NS, UP and IDOT. A Railroad Safety Specialist of the Commission’s Railroad Safety Section also appeared (Staff).

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At hearing IDOT was dismissed as a Respondent on Motion of Petitioner and the caption was amended accordingly on the ALJ’s own Motion. At the conclusion of the hearing, the matter was marked “Heard and Taken.”

Union Pacific Made a Party In Anticipation Of Future Operation

Union Pacific is included as a party although the project involves only NS bridges and no present UP operations are at issue. However, the project is designed to accommodate and install bridge structures which are intended to carry anticipated future UP tracks. The City’s long-range planning anticipates that Union Pacific will choose to realign its present operations to operate through a corridor parallel to the NS track.

This Order does not impose obligations on Union Pacific. The separate bridges for the anticipated UP tracks will be owned and maintained by the City until any order to the contrary.

Existing Cook and South Grand Underpasses

Cook Street and South Grand Avenue are both east-west streets. Both streets have underpasses that run between 9th and 11th Streets, which are north-south oriented streets, and each street runs under a NS railroad bridge. The NS tracks run generally north-south. Cook Street is located approximately 0.5 miles north of South Grand Avenue. Jackson Street, the location of the at-grade crossing proposed to be closed, is four blocks north of Cook Street.

Three NS tracks cross above South Grand Avenue, two NS tracks cross above Cook Street, and one NS track crosses Jackson Street at-grade. The third track crossing South Grand runs into an NS yard between South Grand and Cook Street. The second track crossing Cook Street was cut before it reaches Jackson Street.

The speed limit for motor vehicular traffic on both streets at the underpasses is 30 miles per hour. NS currently operates eleven (11) freight trains per day on the subject tracks in Springfield, at a maximum timetable speed of 40 miles per hour. No regularly scheduled passenger trains use the subject NS tracks.

The annual average daily traffic (AADT) count at the South Grand underpass is 13,600 vehicles per day, which may include school busses and vehicles possibly containing hazardous materials. South Grand is classified as an arterial street and is approximately 44 feet wide, having two eastbound and two westbound traffic lanes. There is a 4-foot wide sidewalk along the north roadway edge at roadway level.

The AADT at the Cook Street underpass is 8,200 vehicles per day, which may include school busses and vehicles possibly containing hazardous materials. Cook Street is classified as an arterial street and is approximately 69 feet wide, having two eastbound and two westbound traffic lanes plus a separate dedicated left turn lane for each direction. There are 5.5-foot wide sidewalks along both the north and south roadway edges, both constructed at a height six inches above the roadway level.

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The street and side walls beneath the railroad at the Cook Underpass will be updated and only the bridge structure which crosses over the street will be replaced and fully re-constructed. Now and once improved, the Cook Underpass will have concrete pavement with a roadway design that will allow the retention of the current two eastbound and two westbound 12-foot wide travel lanes, and the two 5.5-foot wide sidewalks.

The South Grand Avenue underpass will continue to have the street constructed below railroad level with a system of earth retaining structures along each side of the street. The street and sidewalls beneath the railroad at the South Grand Underpass will be updated and only the bridge structure which crosses over the street will be replaced and fully re-constructed. Now and once improved, the South Grand Underpass will have concrete pavement with a roadway design that will allow the retention of the current two eastbound and two westbound 11-foot wide travel lanes, and the 4-foot wide sidewalk along the north roadway edge at roadway level.

Cook Street Bridges

The proposed new NS railroad bridge will be 70 feet to the east of the existing NS bridge. The City also proposes to construct a separate parallel bridge, with its closest edge being approximately 12 feet west of the proposed new NS railroad bridge, to carry anticipated UP tracks over Cook Street.

The City’s proposed western (UP/City) railroad bridge portion of the Cook Street underpass is planned to be 131 feet-1 inch long measured from back-to-back of the abutments. It will have two spans supported by abutments at each end and a center pier in the middle. The deck will be constructed 38 feet-1 inches wide to accommodate two proposed future UP railroad tracks. There will be a minimum of 17 feet-3 inches vertical clearance for vehicles beneath the UP/City bridge over Cook Street.

The City’s proposed eastern (NS) railroad bridge portion of the Cook Street underpass is planned to be 118 feet-4 inches long measured from back-to-back of the abutments. It will have two spans supported by abutments at each end and a center pier in the middle. The deck will be constructed 37 feet-1 inches wide to accommodate two NS railroad tracks. There will be a minimum of 14 feet-11 inches vertical clearance for vehicles beneath the planned new NS bridge at Cook Street.

UP, NS and IDOT have each reviewed and have no objection to the final bridge and roadway plans for the proposed modifications to the Cook Underpass.

South Grand Avenue Bridges

The proposed new NS railroad bridge will be 70 feet to the east of the existing NS bridge. The City also proposes to construct a separate parallel bridge, with its closest edge being approximately 12 feet west of the proposed NS bridge, to carry anticipated UP tracks over South Grand Avenue.

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The City’s proposed western (UP/City) railroad bridge portion of the South Grand Underpass is planned to be 76 feet-6 inches long measured from back-to-back of the abutments. It will have one span supported by abutments at each end. The deck will be constructed 41 feet-4 inches wide to accommodate two proposed future UP railroad tracks. There will be a minimum of 16 feet-5 inches vertical clearance for vehicles beneath the UP/City bridge at South Grand Avenue.

The City’s proposed eastern (NS) railroad bridge portion of the South Grand Underpass is planned to be 76 feet-6 inches long measured from back-to-back of the abutments. It will have one span supported by abutments at each end. The deck will be constructed 40 feet-3 inches wide to accommodate two NS railroad tracks. There will be a minimum of 15 feet-1 inch vertical clearance beneath the new NS bridge at South Grand Avenue.

UP, NS and IDOT have each reviewed and have no objection to the final bridge and roadway plans for the proposed modifications to the South Grand Underpass.

Jackson Street Crossing Closure

The City requested Commission authorization to permanently close and abolish the Jackson Street at-grade crossing with an NS track. Jackson Street is an east-west street which runs four blocks north of and parallel to Cook Street. A single NS track crosses Jackson Street between 9th and 11th Streets.

Notice of the public hearing on the proposed closure was published in accordance with 625 ILCS 5/18c-7401. The certificates of publication were admitted as Exhibits.

Crossing Closure Criteria

92 Ill. Adm. Code 1536.20 requires that the Commission consider certain factors in determining whether a grade crossing should be closed. The following evidence was introduced to address each element of the required criteria.

The subject crossing is signalized and located in an incorporated area. The Commission’s rules require that a signalized grade crossing in an incorporated area to be classified as a Category 1 crossing. Closure criteria are set out for each category of crossing. The rule provides that the Commission shall order the subject crossing closed if it meets the criteria set forth for the assigned Category, or if the Commission finds, based upon the totality of the evidence presented, that public safety requires the crossing be closed and that public convenience served by the crossing does not justify keeping it open.

Closing criteria includes consideration of the AADT for the crossing, and the crossing’s Train Volume and Speed Index (TVSI). The TVSI is the maximum timetable train speed, which is 40 miles per hour at the Jackson Street crossing, times the average number of train movements per day, which is currently 11 at the crossing. The TVSI is therefore 440. The AADT at Jackson Street was 300 vehicles per day, per a 2017 IDOT traffic count. The criteria for closing require that the crossing have an ADT less than or

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equal to 125, and a TVSI equal to or greater than 240. Thus, the TVSI meets the criteria, but the AADT at Jackson exceeds the maximum at which would be necessary to require that the crossing be closed. Nonetheless, the totality of the evidence must be considered to assess whether the public safety and convenience justifies retaining the crossing.

The Commission is also required to consider the “adverse distance.” “Adverse distance” is defined as the distance which must be traveled, from one side of the crossing to a point adjacent to and on the opposite side of the crossing, via the nearest alternate public crossing and roadway. In this case, where the right-of-way is within an incorporated town, the alternate route will not be considered adequate if the adverse distance is greater than 0.75 miles. Also, the design capacity of the alternate route and whether the alternate route will increase the emergency response time are to be considered.

On Jackson Street, the route from a point west of the crossing proposed to be closed to a point just east of the crossing begins by travelling west on Jackson Street from the crossing to the intersection of Jackson Street and Ninth Street, then north to Capitol Avenue, then proceeding east on Capital across the NS via the at-grade crossing, then south on Eleventh Street to Jackson Street and then turning west on Jackson to return to the crossing proposed to be closed, for a total distance of 0.45 miles. This is less than the 0.75 mile standard for the alternate route to be deemed adequate.

The alternate public crossing is the existing Capitol Avenue at-grade crossing. An alternate crossing must be equipped with automatic warning devices and must conform to the requirements of 92 Ill. Adm. Code 1535 at a minimum. The alternate public crossing at Capitol Street meets these requirements.

The roadways of the alternate route all have all-weather surfaces and the meet other criteria of Section 1536.20(g). Each alternate road is of sufficient width to accommodate its existing vehicular traffic plus the vehicular traffic rerouted by the closure, as determined by IDOT's Bureau of Local Roads and Streets. The vehicles that may legally use Jackson may also legally use Capitol Avenue, Ninth and Eleventh Streets.

Additionally, letters from the City’s Fire Chief and Police Chief were admitted into evidence stating their opinions. The Fire Chief believes that closure will not cause any response delays. The Police Chief believes that closure would not have a major impact on public safety as the road is not heavily traveled and there are several optional routes. The evidence supports the conclusion that rerouting the crossing's vehicular traffic over the alternate roadway will not have a significant adverse effect on public safety:

A) The rerouting will not cause or increase an unsafe and incompatible mix of traffic on the alternate roadway. The Jackson Street traffic is primarily passenger vehicles and the Capitol Avenue at-grade crossing has sufficient design capacity.

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B) The rerouting will not cause any appreciable increase in emergency response time regionally or to the local residences and businesses in the immediate area of the Jackson Street crossing.

The City asserts the above evidence meets the criteria for closure of the crossing and requests that the Commission conclude it should be closed and issue an Order accordingly with requirements for the City to permanently block Jackson Street vehicle access to the tracks.

City Exhibit Depicting Plans

City Exhibits B and C, identified as depicting the fundamental aspects of the plans for each proposed bridge and the crossing closure, were admitted into evidence.

Costs, Contributions, and GCPF Reimbursements

The City’s estimated total project cost is $40.6 million. The City will execute an agreement with the Illinois Department of Transportation (IDOT) for funding the project and is not seeking Grade Crossing Protection Fund (GCPF) assistance for any of the costs. NS and UP will pay no costs toward the project.

Maintenance and Costs Thereof

City: UP/West Railroad Bridges, Underpasses, Sacrificial Beams, Decorative Facing

The City will own and be responsible for the maintenance of both street underpasses, any sacrificial beams and decorative facing, as well as Structures 084-9964 and 084-9966, as such structures are to be built with the intention of enabling future construction of railroad tracks and relocation of UP’s Springfield railroad operations to the Tenth Street Corridor. The City will own and maintain all components other than that which will be owned and maintained by NS as set out in the next paragraph.

NS: East Railroad Bridges

The NS will own Structures 084-9965 and 084-9967 and be responsible for the maintenance of each bridge superstructure, their abutments, drilled shafts supporting the abutments, ballast and all railroad tracks and railroad equipment to rest on top of the decking or attached thereto, and costs thereof. Drainage facilities on NS property will be maintained by NS. NS will not be responsible for maintenance of components to be maintained by the City.

Completion Date

The City requests time, to and including December 31, 2024 to complete the work as required herein.

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STAFF'S POSITION

Staff is of the opinion that the City’s proposed work will benefit public safety and convenience. Staff recommends that an Order be entered granting the City’s Petition to construct the Project. Construction should be consistent with the agreed project plans, admitted as evidence at Hearing.

COMMISSION ANALYSIS

Based upon the totality of the evidence, the proposed Cook Street and South Grand Avenue underpasses should be modified in the manner described herein, and the highway-rail grade crossing of Jackson Street in Springfield should be permanently closed and abolished, as the public convenience served by the Jackson Street crossing is not such as to justify its further retention.

PROPOSED ORDER WAIVED

All Parties and Staff waived issuance of a Proposed Order.

FINDINGS AND ORDERING PARAGRAPHS

The Commission, having given due consideration to the entire record herein, finds that:

(1) The Commission has jurisdiction over the parties and the subject matter of this proceeding;

(2) The facts as set forth in the prefatory portion of this Order are true and correct and are hereby adopted as findings of fact;

(3) It is in the interest of public safety and convenience to allow the City to construct grade separations and associated roadway approaches and retaining structures to carry two (2) NS tracks and two (2) future UP tracks over Cook Street, and other modifications as described herein to improve and repair the existing Cook Underpass (AAR/DOT #479336X, NS milepost DH-414.71) in Springfield, Illinois;

(4) It is in the interest of public safety and convenience to allow the City to construct grade separations and associated roadway approaches and retaining structures to carry two (2) NS tracks and two (2) future UP tracks over South Grand Avenue, and other modifications as described herein to improve and repair the existing South Grand Underpass (AAR/DOT #479337E, NS milepost DH-415.24) in Springfield, Illinois;

(5) The City of Springfield should be responsible for the construction of the grade separation structures and the associated facilities that comprise the Cook and South Grand Underpasses, consistent with the agreed project

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plans admitted as evidence;

(6) The City of Springfield should own and be responsible for the maintenance of both street underpasses, any sacrificial beams and decorative facing, as well as Structures 084-9964 and 084-9966, as such structures are to be built with the intention of enabling future construction of railroad tracks and relocation of the Union Pacific Railroad’s Springfield railroad operations to the Tenth Street Corridor. The City of Springfield should own and maintain all components other than that which should be owned and maintained by Norfolk Southern Railway Company as set out in the next paragraph.

(7) The Norfolk Southern Railway Company should own Structures 084-9965 and 084-9967 and be responsible for the maintenance of each bridge superstructure, their abutments and piers, drilled shafts supporting the abutments and piers, ballast and all railroad tracks and railroad equipment to rest on top of the decking or attached thereto, and costs thereof. Drainage facilities on NS property should be maintained by NS. NS should not be responsible for maintenance of components to be maintained by the City.

(8) Based upon the totality of evidence, public safety requires the Jackson Street (AAR/DOT #479334J, NS milepost DH-414.55) highway-rail grade crossing of the Norfolk Southern Railway Company’s track, be permanently closed to public travel.

The closure should be effectuated initially by the City installing and maintaining temporary barricades on both sides of the crossing at any time on or before December 31, 2021. Remaining closure work should be undertaken as further set out in these findings and ordering paragraphs and concluded within 30 days of Norfolk Southern receiving written notice from the City that the temporary barricades have been installed in compliance with obligations under this Order.

(9) Within 30 days of Norfolk Southern receiving written notice from the City, the remaining Jackson Street crossing closure work shall be completed as follows: (i) Norfolk Southern shall completely remove all automatic warning devices, crossing surface, and all pavement within the Norfolk Southern right-of-way for the existing Jackson Street grade crossing; and (ii) the City shall place permanent steel plate beam barriers consistent with plans as depicted in the Exhibits and the barriers shall be maintained by the City at the Jackson Street crossing, complete with reflective signage per the sections of the Manual on Uniform Traffic Control Devices applicable to the conditions, and all other applicable standards.

(10) Nothing in this order is intended to create or alter any agreements or obligations between IDOT and UP. The parties acknowledge that a definitive agreement covering all aspects of a relocation of UP's railroad

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operations on 3rd Street in Springfield, Illinois to an alternative location has not yet been executed.

(11) Since the project construction will occur at least partly on Norfolk Southern Railway Company property, railroad flagging and contractor liability insurance and other related railroad force account work will be required. Repayment in full of Norfolk Southern Railway Company's costs for these items is the responsibility of the City;

(12) All improvements encompassed by this Order should be made in accordance with all applicable State and Federal laws, rules, standards, regulations and orders and procedures in general;

(13) All improvements encompassed by this Order should be completed on or before December 31, 2024;

(14) 625 ILCS 5/18c-1701 and 1704 require each “person”, as defined by Section 18c-1104, to comply with every regulation or order of the Commission. These sections further provide that any person who fails to comply with a Commission regulation or order shall forfeit to the state not more than $1,000 for each such failure, with each day’s continuance of the violation being considered a separate offense. While the Commission expects all parties to comply with this order in all matters addressed herein and in a timely manner, the Commission advises that any failure to comply may result in the assessment of such sanctions;

(15) Any person making a Request for an Extension of Time up to 30 days to complete a project ordered by the Commission must file a request with the Director of Processing and Information no later than 14 days in advance of the scheduled deadline. An Administrative Law Judge will consider and decide the request;

(16) Any person making a Request for an Extension of Time that exceeds 30 days must file a Petition for Supplemental Order with the Director of Processing and Information no later than 21 days in advance of the scheduled deadline. The Commission will decide Petitions for Supplemental Orders;

(17) Requests for Extension of Time and Petitions for Supplemental Orders must include the reason(s) the additional time is needed to complete the work and the time within which the project will be completed. Prior to submitting a Request for Extension of Time or a Petition for Supplemental Order, the person must notify the Commission’s Rail Safety Program Administrator that he/she is unable to complete the project within the ordered timeframe; and

(18) The Commission or its Administrative Law Judge reserves the right to deny Petitions for Supplemental Orders and Requests for Extension of Time, if the reason(s) supporting the request is (are) insufficient or where it appears the person has not made a good faith effort to complete the project within the

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allotted time. Failure of the Commission or Administrative Law Judge to act on a pleading prior to the deadline means the originally ordered completion date remains in effect.

IT IS THEREFORE ORDERED by the Commission that the City of Springfield shall construct grade separation structures and associated roadway approaches and retaining structures, with one structure to carry to carry two NS tracks over Cook Street and another structure to carry two NS tracks over South Grand Avenue and another structure to carry two anticipated future UP tracks over Cook Street and another to carry two anticipated future UP tracks of South Grand Avenue, , and other modifications as described herein to improve and repair the existing Cook Underpass (AAR/DOT #479336X, NS milepost DH- 414.71) and the existing South Grand Underpass (AAR/DOT #479337E, NS milepost DH- 415.24) in Springfield, Illinois, all in substantial compliance with the Exhibits admitted into evidence.

IT IS FURTHER ORDERED that, based upon the totality of evidence, public safety requires that the Jackson Street (AAR/DOT #479334J, NS milepost DH-414.55) highway- rail grade crossing of the Norfolk Southern Railway Company’s track be permanently closed and abolished, and that the provisions for closure set out in the Findings of this Order are hereby mandated to be implemented to effectuate the closing in the manner and in the time frame stated.

IT IS FURTHER ORDERED that the City of Springfield shall be responsible for the construction and modification of the grade separation structures and the associated facilities that comprise the Cook Underpass and the South Grand Underpass, consistent with the agreed project plans admitted as evidence.

IT IS FURTHER ORDERED that the City of Springfield will own and be responsible for the maintenance of both street underpasses, any sacrificial beams and decorative facing, as well as Structures 084-9964 and 084-9966, as such structures are to be built with the intention of enabling future construction of railroad tracks and relocation of the Union Pacific Railroad’s Springfield railroad operations to the Tenth Street Corridor. The City of Springfield will own and maintain all components other than that which will be owned and maintained by Norfolk Southern Railway Company. The Norfolk Southern Railway Company will own Structures 084-9965 and 084-9967 and be responsible for the maintenance of each bridge superstructure, their abutments and piers, drilled shafts supporting the abutments and piers, ballast and all railroad tracks and railroad equipment to rest on top of the decking or attached thereto, and costs thereof. Drainage facilities on NS property will be maintained by NS. NS will not be responsible for maintenance of components to be maintained by the City.

IT IS FURTHER ORDERED that railroad flagging, contractor liability insurance and other related railroad force account work will be required for work to occur on railroad property. Repayment in full of Norfolk Southern Railway Company's costs for these items shall be the City of Springfield's responsibility.

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IT IS FURTHER ORDERED that all improvements encompassed by this Order shall be made in accordance with all applicable State and Federal laws, rules, standards, regulations and orders and procedures in general.

IT IS FURTHER ORDERED that all work required herein shall be completed on or before December 31, 2024.

IT IS FURTHER ORDERED that the City of Springfield shall, at six (6) month intervals from the date of this Order, submit to the Director of Processing and Information, Transportation Bureau of the Commission, a Project Status Report, stating the progress it has made toward completion of the work herein required. Each Project Status Report shall include the Commission Order number, the Order date, the project completion date as noted in the Order, crossing information (inventory number and railroad milepost), type of improvement, and the name, title, mailing address, phone number, facsimile number, and electronic mailing address of the City’s Project Manager.

IT IS FURTHER ORDERED that Norfolk Southern Railway Company shall, within five (5) days of the City of Springfield’s opening of the new Cook Street and South Grand Avenue underpasses to public travel, submit completely updated United States Department of Transportation Inventory Forms (#6180.71) to the Federal Railroad Administration, the Chief of Data Services at the Illinois Department of Transportation, and the Director of Processing and Information, Transportation Bureau of the Commission, for the new underpasses.

IT IS FURTHER ORDERED that Norfolk Southern Railway Company shall, within five (5) days of permanently closing and removing the Jackson Street grade crossing, submit completely updated United States Department of Transportation Inventory Forms (#6180.71) to the Federal Railroad Administration, the Chief of Data Services at the Illinois Department of Transportation, and the Director of Processing and Information, Transportation Bureau of the Commission, for the crossing to be eliminated.

IT IS FURTHER ORDERED that the City of Springfield is hereby required and directed to submit a Project Completion Report to the Director of Processing and Information, Transportation Bureau of the Commission, stating that the work herein required of it has been completed. Said Report shall be submitted within five (5) days after the required project completion date.

IT IS FURTHER ORDERED that any person making a Request for an Extension of time up to 30 days to complete a project ordered by the Commission must file a request with the Director of Processing and Information no later than 14 days in advance of the scheduled deadline. An Administrative Law Judge will consider and decide the request.

IT IS FURTHER ORDERED that any person making a Request for an Extension of time that exceeds 30 days must file a Petition for Supplemental Order with the Director of Processing and Information no later than 21 days in advance of the scheduled deadline. The Commission will decide Petitions for Supplemental Orders.

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IT IS FURTHER ORDERED that Requests for Extension of Time and Petitions for Supplemental Orders must include the reason(s) the additional time is needed to complete the work and the time within which the project will be completed. Prior to submitting a Request for Extension of time or a Petition for Supplemental Order, the person must notify the Commission’s Rail Safety Program Administrator that it is unable to complete the project within the ordered timeframe.

IT IS FURTHER ORDERED that the Commission or its Administrative Law Judge reserves the right to deny Petitions for Supplemental Orders and Requests for Extension of Time, if the reason(s) supporting the request is (are) insufficient, or where it appears the person has not made a good faith effort to complete the project within the allotted time. Failure of the Commission or Administrative Law Judge to act on a pleading prior to the deadline means the originally ordered completion date remains in effect.

IT IS FURTHER ORDERED that the Commission shall retain jurisdiction for the purpose of issuing any supplemental order or orders as it may deem necessary.

IT IS FURTHER ORDERED that this is a final Order subject to 83 Ill. Adm. Code 200.880(d) which provides that no appeal shall be allowed unless an application for rehearing shall first have been filed and disposed of by the Commission; Administrative Review is governed by Sections 2201 through 2206 of the Illinois Commercial Transportation Law (625 ILCS 5/18c) and is subject to the Administrative Review Law to the extent made applicable in those sections.

By Order of the Commission this 6th day of January 2021.

(signed) CARRIE ZALEWSKI CHAIRMAN

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