[Federal Register Volume 69, Number 161 (Friday, August 20, 2004)]
[Notices]
[Page 51751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19125]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-865X]


Honey Creek Railroad, Inc.--Abandonment Exemption--in Henry 
County, IN

    The Honey Creek Railroad, Inc. (HCR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
its entire approximately 5.9-mile line of railroad, between Sulphur 
Springs and New Castle, in Henry County, IN.\1\ The line traverses 
United States Postal Service Zip Code 47362.
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    \1\ HCR acquired the line in Honey Creek Railroad, Inc.--
Acquisition and Operation Exemption--Line of Consolidated Rail 
Corporation, Finance Docket No. 32332 (ICC served Sept. 20, 1993). 
There, it was specified that the line runs between Consolidated Rail 
Corporation's milepost 104.1 and milepost 110.05. HCR states that 
these designations were not utilized by it in connection with HCR's 
rail operations.
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    HCR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (3) no formal complaint filed by a user of rail service on the 
line (or by a State or local government entity acting on behalf of such 
user) regarding cessation of service over the line either is pending 
with the Board or with any U.S. District Court or has been decided in 
favor of complainant within the 2-year period; and (4) the requirements 
at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic 
reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 
(newspaper publication), and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    Where, as here, the carrier is abandoning its entire line, the 
Board does not normally impose labor protection under 49 U.S.C. 
10502(g), unless the evidence indicates the existence of: (1) A 
corporate affiliate that will continue substantially similar rail 
operations; or (2) a corporate parent that will realize substantial 
financial benefits over and above relief from the burden of deficit 
operations by its subsidiary railroad. See Wellsville, Addison & 
Galeton R. Corp.--Abandonment, 354 I.C.C. 744 (1978); and Northampton 
and Bath R. Co.--Abandonment, 354 I.C.C. 784 (1978). Because HCR does 
not appear to have a corporate affiliate or parent that will continue 
similar operations or that could benefit from the proposed abandonment, 
employee protection conditions will not be imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on September 21, 2004, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
August 30, 2004. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 9, 2004, 
with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis (SEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to the 
HCR's representative: Richard R. Wilson, 127 Lexington Avenue, Suite 
100, Altoona, PA 16601.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    HCR has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by August 
27, 2004. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) 
or by calling SEA, at (202) 565-1539. [Assistance for the hearing 
impaired is available through the Federal Information Relay Service 
(FIRS) at 1-800-877-8339.] Comments on environmental and historic 
preservation matters must be filed within 15 days after the EA becomes 
available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), HCR shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by HCR's filing of a notice of 
consummation by August 20, 2005, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Dated: August 16, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-19125 Filed 8-19-04; 8:45 am]
BILLING CODE 4915-01-P