82_FR_16331 82 FR 16269 - HC Railroad, LLC-Abandonment Exemption-in Rush County, Ind.

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

SURFACE TRANSPORTATION BOARD

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

Page Range16269-16270
FR Document2017-06528

Federal Register, Volume 82 Issue 62 (Monday, 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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



                                                                                            Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices                                                                                                  16269

                                                                                                                            SUMMARY OF INFORMATION COLLECTION
                                                                                                                                                                                                                                    Burden per
                                                                                                                                                                                                         Number of                                           Total burden
                                                                                                                SBA Form                                                                                                            respondent
                                                                                                                                                                                                        respondents                                            (hours)
                                                                                                                                                                                                                                     (minutes)

                                                  Form   641   First Visit .....................................................................................................................                  340,000                               6          34,000
                                                  Form   641   Follow-Up ....................................................................................................................                       83,000                              8          11,067
                                                  Form   641   Total ............................................................................................................................      ........................   ........................         45,067
                                                  Form   888   .....................................................................................................................................                63,000                              5           5,250



                                                    Total Annual Burden for both forms:                                      the Fine Arts Office since its last                                           SURFACE TRANSPORTATION BOARD
                                                  50,317 hours                                                               meeting on June 10, 2016 and the
                                                                                                                                                                                                           [Docket No. AB 1250 (Sub-No. 1X)]
                                                  Curtis B. Rich,
                                                                                                                             announcement of gifts and loans of
                                                                                                                             furnishings as well as financial                                              HC Railroad, LLC—Abandonment
                                                  Management Analyst.
                                                                                                                             contributions from January 1, 2016                                            Exemption—in Rush County, Ind.
                                                  [FR Doc. 2017–06456 Filed 3–31–17; 8:45 am]
                                                                                                                             through December 31, 2016.
                                                  BILLING CODE P                                                                                                                                              On March 14, 2017, HC Railroad, LLC
                                                                                                                                Public access to the Department of
                                                                                                                                                                                                           (HC Railroad), filed with the Surface
                                                                                                                             State is strictly controlled and space is
                                                                                                                                                                                                           Transportation Board (Board) a petition
                                                  SMALL BUSINESS ADMINISTRATION                                              limited. Members of the public wishing                                        under 49 U.S.C. 10502 for exemption
                                                                                                                             to take part in the meeting should                                            from the provisions of 49 U.S.C. 10903
                                                  Interest Rates                                                             telephone the Fine Arts Office at (202)                                       to abandon an approximately 6.4-mile
                                                     The Small Business Administration                                       647–1990 or send an email to                                                  rail line extending from milepost 17.4 to
                                                  publishes an interest rate called the                                      SellmanCT@state.gov by May 1,                                                 milepost 23.8 in Rush County, Ind. (the
                                                  optional ‘‘peg’’ rate (13 CFR 120.214) on                                  providing their name, date of birth,                                          Line). The Line traverses United States
                                                  a quarterly basis. This rate is a weighted                                 citizenship; and government issued ID                                         Postal Zip Code 46173.
                                                  average cost of money to the                                               number [i.e., U.S. government ID                                                 According to HC Railroad, it has
                                                  government for maturities similar to the                                   (agency), U.S. military ID (branch),                                          never conducted any operations—
                                                  average SBA direct loan. This rate may                                     passport (country) or driver’s license                                        common carrier or otherwise—over the
                                                  be used as a base rate for guaranteed                                      (state)] in order to gain admittance. All                                     Line; thus, no common carrier traffic
                                                  fluctuating interest rate SBA loans. This                                  attendees must use the ‘‘C’’ Street                                           has moved over the Line in more than
                                                  rate will be 2.625 percent for the April–                                  entrance located at 2201 C Street NW.,                                        five years. HC Railroad states that
                                                  June quarter of FY 2017.                                                   Washington, DC 20520. One of the                                              immediately upon acquiring the Line
                                                     Pursuant to 13 CFR 120.921(b), the                                      following valid IDs will be required for                                      from Honey Creek Railroad, LLC (Honey
                                                  maximum legal interest rate for any                                        admittance: Any U.S. driver’s license                                         Creek),1 HC Railroad exclusively leased
                                                  third party lender’s commercial loan                                       with photo, a passport, or a U.S.                                             it to the only shipper on the Line,
                                                  which funds any portion of the cost of                                     government agency ID. Attendees                                               Morristown Grain Company, Inc.
                                                  a 504 project (see 13 CFR 120.801) shall                                   should expect to remain in the meeting                                        (Morristown), an affiliate of HC
                                                  be 6% over the New York Prime rate or,                                     for the entire session. The public may                                        Railroad.2 In addition to acquiring the
                                                  if that exceeds the maximum interest                                       take part in the discussion as long as                                        Line in 2010, HC Railroad also acquired
                                                  rate permitted by the constitution or                                      time permits and at the discretion of the                                     from Honey Creek its rights to own and/
                                                  laws of a given State, the maximum                                                                                                                       or operate approximately 1,400 feet of
                                                                                                                             chairman.
                                                  interest rate will be the rate permitted                                                                                                                 private industrial track (Connecting
                                                  by the constitution or laws of the given                                      Personal data is requested pursuant to                                     Track) owned by it and CSX
                                                  State.                                                                     Public Law 99–399 (Omnibus                                                    Transportation, Inc. (CSXT). HC
                                                                                                                             Diplomatic Security and Antiterrorism                                         Railroad submits that, between 2010
                                                  Dianna L. Seaborn,
                                                                                                                             Act of 1986), as amended; Public Law                                          and 2015, CSXT placed and removed
                                                  Director, Office of Financial Assistance.                                  107–56 (USA PATRIOT Act); and                                                 railcars shuttled by Morristown between
                                                  [FR Doc. 2017–06452 Filed 3–31–17; 8:45 am]                                Executive Order 13356. The purpose of                                         its grain facility and the Connecting
                                                  BILLING CODE P                                                             the collection is to validate the identity                                    Track over the Line using its own
                                                                                                                             of individuals who enter Department                                           locomotives and personnel. According
                                                                                                                             facilities. The data will be entered into                                     to HC Railroad, since 2015 CSXT crews
                                                  DEPARTMENT OF STATE                                                        the Visitor Access Control System                                             have delivered 90-car unit trains of
                                                                                                                             (VACS–D) database. Please see the                                             hopper cars in private carriage to and
                                                  [Public Notice: 9942]
                                                                                                                             Security Records System of Records                                            from Morristown’s grain facility over the
                                                  Fine Arts Committee Notice of Meeting                                      Notice (State-36) at https://                                                 Line. HC Railroad states that the rates,
                                                                                                                             foia.state.gov/_docs/SORN/State-36.pdf                                        terms, and conditions governing CSXT’s
                                                    The Fine Arts Committee of the                                                                                                                         transportation of grain processed by
                                                                                                                             for additional information.
                                                  Department of State will meet on May                                                                                                                     Morristown are established between
                                                  16, 2017, at 10:00 a.m. in the Henry Clay
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                             Marcee Craighill,                                                             CSXT and its customers; Morristown
                                                  Room of the Harry S. Truman Building,                                      Director and Curator of the Diplomatic
                                                  2201 C Street NW., Washington, DC.                                         Reception Room, Fine Arts Committee.                                            1 HC R.R.—Acquis. & Operation Exemption—

                                                  The meeting will last until                                                [FR Doc. 2017–06400 Filed 3–31–17; 8:45 am]
                                                                                                                                                                                                           Honey Creek R.R., FD 35434 (STB served Oct. 28,
                                                  approximately 12:00 p.m. and is open to                                                                                                                  2010).
                                                                                                                             BILLING CODE 4710–24–P                                                          2 Contemporaneous with HC Railroad’s
                                                  the public.                                                                                                                                              acquisition of the Line, HC Railroad’s indirect
                                                    The agenda for the committee meeting                                                                                                                   parent company, Bunge North America, Inc.,
                                                  will include a summary of the work of                                                                                                                    acquired Morristown (via another company).



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                                                  16270                           Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices

                                                  does not have any rail transportation                   Thomas W. Wilcox, GKG Law, P.C.,                      FOR FURTHER INFORMATION CONTACT:
                                                  agreements or tariff agreements with                    1055 Thomas Jefferson Street NW., Suite               Scott Pietan, International Procurement
                                                  CSXT to transport grain from its facility.              500, Washington, DC 20007. Replies to                 Negotiator, (202) 395–9646, or Arthur
                                                      HC Railroad states that there are no                the petition are due on or before April               Tsao, Assistant General Counsel, (202)
                                                  shippers on the Line other than                         24, 2017.                                             395–6987.
                                                  Morristown.                                                Persons seeking further information                SUPPLEMENTARY INFORMATION: Section
                                                      In addition to an exemption from the                concerning abandonment procedures                     533 of the Airport and Airway
                                                  provisions of 49 U.S.C. 10903, HC                       may contact the Board’s Office of Public              Improvement Act of 1982, as amended
                                                  Railroad seeks an exemption from 49                     Assistance, Governmental Affairs, and                 by section 115 of the Airport and
                                                  U.S.C. 10904 (offer of financial                        Compliance at (202) 245–0238 or refer                 Airway Safety and Capacity Expansion
                                                  assistance (OFA) procedures) and 49                     to the full abandonment regulations at                Act of 1987, Public Law 100–223,
                                                  U.S.C. 10905 (public use conditions) as                 49 CFR part 1152. Questions concerning                (codified at 49 U.S.C. 50104), requires
                                                  it intends to leave the track in place for              environmental issues may be directed to               the USTR to decide whether any foreign
                                                  continued access by its affiliate,                      the Board’s Office of Environmental                   country has denied fair market
                                                  Morristown, and to serve any                            Analysis (OEA) at (202) 245–0305.                     opportunities to U.S. products,
                                                  hypothetical future industries through                  Assistance for the hearing impaired is                suppliers, or bidders in connection with
                                                  private contract. HC Railroad states that               available through the Federal                         airport construction projects of $500,000
                                                  there has been no actual or need for                    Information Relay Service at 1–800–                   or more that are funded in whole or in
                                                  common carrier rail service since it                    877–8339.                                             part by the government of such country.
                                                  acquired the Line and that the                             An environmental assessment (EA) (or               The USTR must publish the list of
                                                  abandonment of its common carrier                       environmental impact statement (EIS), if              countries in the Federal Register. The
                                                  obligation will facilitate private use of               necessary) prepared by OEA will be                    Office of the U.S. Trade Representative
                                                  the track. HC Railroad’s request for                    served upon all parties of record and                 has not received any complaints or
                                                  exemption from § 10904 and § 10905                      upon any other agencies or persons who                other information indicating that a
                                                  will be addressed in the final decision.                comment during its preparation. Other                 foreign country has denied U.S.
                                                      HC Railroad states that the Line does               interested persons may contact OEA to                 products, suppliers, or bidders fair
                                                  not contain federally granted rights-of-                obtain a copy of the EA (or EIS). EAs in              market opportunities in airport
                                                  way. Any documentation in HC                            abandonment proceedings normally will                 construction projects. Therefore, the
                                                  Railroad’s possession will be made                      be made available within 60 days of the               USTR has decided not to list any
                                                  available promptly to those requesting                  filing of the petition. The deadline for              countries as denying fair market
                                                  it.                                                     submission of comments on the EA
                                                      HC Railroad states that there are no                                                                      opportunities for U.S. products,
                                                                                                          generally will be within 30 days of its               suppliers, or bidders in foreign
                                                  paid railroad employees. Nevertheless,
                                                                                                          service.                                              government-funded airport construction
                                                  to ensure that this is the case, the
                                                                                                             Board decisions and notices are                    projects.
                                                  interest of railroad employees, if any,
                                                                                                          available on our Web site at
                                                  will be protected by the conditions set                                                                       Stephen Vaughn,
                                                                                                          ‘‘WWW.STB.DOT.GOV.’’
                                                  forth in Oregon Short Line Railroad—                                                                          Acting United States Trade Representative,
                                                  Abandonment Portion Goshen Branch                         Decided: March 29, 2017.                            Office of the U.S. Trade Representative.
                                                  Between Firth & Ammon, in Bingham &                       By the Board, Rachel D. Campbell,                   [FR Doc. 2017–06511 Filed 3–31–17; 8:45 am]
                                                  Bonneville Counties, Idaho, 360 I.C.C.                  Director, Office of Proceedings.
                                                                                                                                                                BILLING CODE 3290–F7–P
                                                  91 (1979).                                              Jeffrey Herzig,
                                                      By issuing this notice, the Board is                Clearance Clerk.
                                                  instituting an exemption proceeding                     [FR Doc. 2017–06528 Filed 3–31–17; 8:45 am]           DEPARTMENT OF TRANSPORTATION
                                                  pursuant to 49 U.S.C. 10502(b). A final                 BILLING CODE 4915–01–P
                                                  decision will be issued by June 30,                                                                           Federal Aviation Administration
                                                  2017.
                                                      Any offer of financial assistance                                                                         Notice of Opportunity for Public
                                                  (OFA) under 49 CFR 1152.27(b)(2) will                   OFFICE OF THE UNITED STATES                           Comment on Surplus Property Release
                                                  be due no later than 10 days after                      TRADE REPRESENTATIVE                                  at the Huntsville Executive Airport Tom
                                                  service of a decision granting the                                                                            Sharp, Jr. Field, Huntsville, Alabama
                                                  petition for exemption. Each OFA must                   List of Countries Denying Fair Market
                                                  be accompanied by a $1,700 filing fee.                  Opportunities for Government-Funded                   AGENCY:  Federal Aviation
                                                  See 49 CFR 1002.2(f)(25).                               Airport Construction Projects                         Administration (FAA), DOT.
                                                      All interested persons should be                                                                          ACTION: Notice of intent to rule on land
                                                  aware that, following abandonment, the                  AGENCY: Office of the U.S. Trade                      release request.
                                                  Line may be suitable for other public                   Representative.
                                                  use, including interim trail use. Any                   ACTION: Notice.                                       SUMMARY:   The FAA is considering a
                                                  request for a public use condition under                                                                      request from the Madison County
                                                  49 CFR 1152.28 or for trail use/rail                    SUMMARY:    The United States Trade                   Executive Airport Authority to waive
                                                  banking under 49 CFR 1152.29 will be                    Representative (USTR) has determined                  the requirement that 3.19± acres of
                                                  due no later than April 24, 2017. Each                  not to list any countries as denying fair             airport property located at the
                                                  trail request must be accompanied by a                  market opportunities for U.S. products,               Huntsville Executive Airport Tom
mstockstill on DSK3G9T082PROD with NOTICES




                                                  $300 filing fee. See 49 CFR                             suppliers, or bidders in foreign                      Sharp, Jr. Field in Huntsville, Alabama,
                                                  1002.2(f)(27).                                          government-funded airport construction                be used for aeronautical purposes.
                                                      All filings in response to this notice              projects pursuant to section 533 of the               DATES: Comments must be received on
                                                  must refer to Docket No. AB 1250 (Sub-                  Airport and Airway Improvement Act of                 or before May 3, 2017.
                                                  No. 1X) and must be sent to: (1) Surface                1982, as amended (49 U.S.C. 50104).                   ADDRESSES: Comments on this notice
                                                  Transportation Board, 395 E Street SW.,                 DATES: This notice is effective on April              may be mailed or delivered in triplicate
                                                  Washington, DC 20423–0001; and (2)                      3, 2017.                                              to the FAA at the following address:


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Document Created: 2017-04-01 09:36:16
Document Modified: 2017-04-01 09:36:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 16269 

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