[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Page 48310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22465]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1247; Docket No. AB 1248]
Buckeye East Chicago Railroad LLC--Abandonment Exemption--in Lake
County, Ind.; Landisville Railroad, LLC--Discontinuance Exemption--in
Lake County, Ind.
On September 27, 2017, Buckeye East Chicago Railroad LLC (BECR) and
Landisville Railroad, LLC (Landisville) (collectively, Petitioners)
jointly filed with the Surface Transportation Board (Board) a petition
under 49 U.S.C. 10502 for exemption from the prior approval
requirements of 49 U.S.C. 10903 to abandon and discontinue,
respectively, approximately 1.34 miles of rail line located within the
East Chicago Transload Facility (Facility) at or near 400 East Columbus
Drive in East Chicago, Lake County, Ind. (the Line). The Line traverses
United States Postal Service ZIP Code 46312. Petitioners state the Line
does not include stations other than the Facility and does not have
milepost designations.
According to Petitioners, Landisville exclusively provides
transloading and interchange services on behalf of BECR to a connection
with the Indiana Harbor Belt Railroad (IHBR). Petitioners state that
Buckeye Terminals, LLC, the operator of the Facility, is the only
shipper on the Line. Upon consummation of the proposed transaction,
Petitioners state that IHBR would continue to pick up and deliver
traffic to the Facility as a common carrier. Petitioners also state
that Buckeye Terminals, which will be BECR's successor as owner of the
Line, or Landisville, as a private contract operator to Buckeye
Terminals, will move cars around the Facility and provide the transload
services, but would do so over private track that would no longer be
subject to the Board's jurisdiction. Petitioners state that no other
customers have requested common carrier service from either BECR or
Landisville.
The parties state that Buckeye Partners, as the parent of both BECR
and Buckeye Terminals, has consented to and supports the proposed
abandonment and discontinuance. Petitioners state that Landisville is
also willing to accommodate the abandonment of the Line by seeking
discontinuance of its common carrier operating right over the Line.
According to the Petitioners, the Line is stub-ended and therefore
may not accommodate overhead traffic. The Petitioners state that, based
on information in BECR's and Buckeye Terminals' possession, the Line
does not contain federally granted rights-of-way. Any documentation in
their possession will be made available promptly to those requesting
it.
The interest of railroad employees 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 January 12, 2018.
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 $1,800
filing fee. See 49 CFR 1002.2(f)(25).
All interested persons should be aware that, following
discontinuance and 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 interim trail use/rail banking
under 49 CFR 1152.29 will be due no later than November 6, 2017. Each
interim trail use 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 Nos. AB
1247 and AB 1248 and must be sent to: (1) Surface Transportation Board,
395 E Street SW., Washington, DC 20423-0001; (2) Charles A. Spitulnik,
Kaplan Kirsch & Rockwell LLP, 1001 Connecticut Avenue NW., Suite 800,
Washington, DC 20036; and (3) Eric M. Hocky, Clark Hill PLC, One
Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA
19102. Replies to the petition are due on or before November 6, 2017.
Persons seeking further information concerning abandonment or
discontinuance procedures may contact the Board's Office of Public
Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or
refer to the full abandonment or discontinuance 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 (FIRS) 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 agencies or other 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.GOV.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Decided: October 12, 2017.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2017-22465 Filed 10-16-17; 8:45 am]
BILLING CODE 4915-01-P