[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Page 27198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09767]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36607]


Hamilton Northwestern Railroad Co.--Acquisition and Operation 
Exemption--in Allegan County, Mich.

    Hamilton Northwestern Railroad Co. (HNW), a noncarrier, has filed a 
verified notice of exemption pursuant to 49 CFR 1150.31 to acquire and 
operate approximately 6.10 miles of track in Allegan County, Mich., 
extending from a point of connection with a line of CSX Transportation, 
Inc. (CSXT), at milepost 19.00 in Holland, Mich., to milepost 12.90 in 
Hamilton, Mich. (the Line).\1\
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    \1\ HNW filed its verified notice of exemption on April 6, 2022, 
seeking operating authority over the Line. On April 22, 2022, HNW 
filed a supplement clarifying that it seeks to acquire the Line as a 
line of railroad as well as operate over it. In light of the 
supplement, April 22, 2022, is deemed the filing date of the 
verified notice.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Hamilton Hartford Group, LLC--Continuance in Control 
Exemption--Hamilton Northwestern Railroad, Docket No. FD 36608, in 
which Hamilton Hartford Group, LLC, seeks to continue in control of HNW 
upon HNW's becoming a Class III rail carrier.
    According to the verified notice, the Line was once a part of 
CSXT's network of rail lines in Western Michigan but was abandoned in 
2003. See CSXT Consummation Notice, Jul. 7, 2003, CSX Transp., Inc.--
Aban. Exemption--in Allegan Cnty., Mich., AB 55 (Sub-No. 619X). HNW 
states that, after abandonment, the Line was sold several times as 
private industry track and was ultimately acquired by its current 
owner, Endeavor Ag and Energy, LLP (Endeavor), a noncarrier. HNW, 
therefore, states that the proposed transfer of the Line would not 
involve a Board-regulated railroad line. However, HNW states that it 
has a signed agreement to purchase the Line, that it intends to 
reestablish common carrier service over the Line, and that the Line 
would once again become a regulated line of railroad upon the latter of 
the effective date of this exemption or upon the closing of HNW's 
purchase of the Line.
    According to HNW, it will not be subject to any limitations on its 
ability to interchange on the Line with a third-party connecting 
carrier. HNW certifies that its projected annual revenue will not 
exceed $5 million and that the proposed transaction will not result in 
HNW's becoming a Class I or II rail carrier.
    HNW has also filed a petition for waiver of 49 CFR 1150.32(b), 
which states that a notice of exemption will be effective 30 days after 
the notice is filed. HNW asks the Board to waive that provision and 
allow this notice to become effective by May 6, 2022, so that HNW can 
assume operations and minimize the risk of a disruption of rail service 
on the Line. HNW's request will be addressed in a separate decision, in 
which the Board will establish the effective date of the exemption.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions for stay must be filed no later than May 13, 2022 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36607, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
HNW's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to HNW, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: May 3, 2022.

    By the Board, Valerie O. Quinn, Acting Director, Office of 
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2022-09767 Filed 5-5-22; 8:45 am]
BILLING CODE 4915-01-P