82 FR 16269 - HC Railroad, LLC-Abandonment Exemption-in Rush County, Ind.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 62 (April 3, 2017)

[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16269-16270]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06528]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1250 (Sub-No. 1X)]


HC Railroad, LLC--Abandonment Exemption--in Rush County, Ind.

    On March 14, 2017, HC Railroad, LLC (HC Railroad), filed with the 
Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 
for exemption from the provisions of 49 U.S.C. 10903 to abandon an 
approximately 6.4-mile rail line extending from milepost 17.4 to 
milepost 23.8 in Rush County, Ind. (the Line). The Line traverses 
United States Postal Zip Code 46173.
    According to HC Railroad, it has never conducted any operations--
common carrier or otherwise--over the Line; thus, no common carrier 
traffic has moved over the Line in more than five years. HC Railroad 
states that immediately upon acquiring the Line from Honey Creek 
Railroad, LLC (Honey Creek),\1\ HC Railroad exclusively leased it to 
the only shipper on the Line, Morristown Grain Company, Inc. 
(Morristown), an affiliate of HC Railroad.\2\ In addition to acquiring 
the Line in 2010, HC Railroad also acquired from Honey Creek its rights 
to own and/or operate approximately 1,400 feet of private industrial 
track (Connecting Track) owned by it and CSX Transportation, Inc. 
(CSXT). HC Railroad submits that, between 2010 and 2015, CSXT placed 
and removed railcars shuttled by Morristown between its grain facility 
and the Connecting Track over the Line using its own locomotives and 
personnel. According to HC Railroad, since 2015 CSXT crews have 
delivered 90-car unit trains of hopper cars in private carriage to and 
from Morristown's grain facility over the Line. HC Railroad states that 
the rates, terms, and conditions governing CSXT's transportation of 
grain processed by Morristown are established between CSXT and its 
customers; Morristown

[[Page 16270]]

does not have any rail transportation agreements or tariff agreements 
with CSXT to transport grain from its facility.
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    \1\ HC R.R.--Acquis. & Operation Exemption--Honey Creek R.R., FD 
35434 (STB served Oct. 28, 2010).
    \2\ Contemporaneous with HC Railroad's acquisition of the Line, 
HC Railroad's indirect parent company, Bunge North America, Inc., 
acquired Morristown (via another company).
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    HC Railroad states that there are no shippers on the Line other 
than Morristown.
    In addition to an exemption from the provisions of 49 U.S.C. 10903, 
HC Railroad seeks an exemption from 49 U.S.C. 10904 (offer of financial 
assistance (OFA) procedures) and 49 U.S.C. 10905 (public use 
conditions) as it intends to leave the track in place for continued 
access by its affiliate, Morristown, and to serve any hypothetical 
future industries through private contract. HC Railroad states that 
there has been no actual or need for common carrier rail service since 
it acquired the Line and that the abandonment of its common carrier 
obligation will facilitate private use of the track. HC Railroad's 
request for exemption from Sec.  10904 and Sec.  10905 will be 
addressed in the final decision.
    HC Railroad states that the Line does not contain federally granted 
rights-of-way. Any documentation in HC Railroad's possession will be 
made available promptly to those requesting it.
    HC Railroad states that there are no paid railroad employees. 
Nevertheless, to ensure that this is the case, the interest of railroad 
employees, if any, will be protected by the conditions set forth in 
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between 
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 
(1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by June 30, 2017.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
the petition for exemption. Each OFA must be accompanied by a $1,700 
filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment, 
the Line may be suitable for other public use, including interim trail 
use. Any request for a public use condition under 49 CFR 1152.28 or for 
trail use/rail banking under 49 CFR 1152.29 will be due no later than 
April 24, 2017. Each trail request must be accompanied by a $300 filing 
fee. See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to Docket No. AB 
1250 (Sub-No. 1X) and must be sent to: (1) Surface Transportation 
Board, 395 E Street SW., Washington, DC 20423-0001; and (2) Thomas W. 
Wilcox, GKG Law, P.C., 1055 Thomas Jefferson Street NW., Suite 500, 
Washington, DC 20007. Replies to the petition are due on or before 
April 24, 2017.
    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 regulations at 49 CFR part 1152. Questions concerning 
environmental issues may be directed to the Board's Office of 
Environmental Analysis (OEA) at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA will be served upon all parties of 
record and upon any other agencies or persons who comment during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in abandonment proceedings normally will be 
made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA generally will be within 
30 days of its service.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: March 29, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-06528 Filed 3-31-17; 8:45 am]
BILLING CODE 4915-01-P