SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_1235_0_X

Case Title:  
MCM RAIL SERVICES LLC, D/B/A BALTIMORE INDUSTRIAL RAILROAD--PETITION FOR DISCONTINUANCE OF SERVICE EXEMPTION--IN BALTIMORE COUNTY, MD.

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT MCM RAIL SERVICES LLC, FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO DISCONTINUE RAIL SERVICE OVER AN APPROXIMATELY 12-MILE LINE OF RAILROAD IN SPARROWS POINT, BALTIMORE COUNTY, MD.

    Decision Attachments

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    Full Text of Decision

44652 SERVICE DATE – AUGUST 17, 2015

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1235X]

MCM Rail Services LLC, d/b/a Baltimore Industrial Railroad—Petition for Discontinuance of Service Exemption—in Baltimore County, Md.

On July 28, 2015, MCM Rail Services LLC, d/b/a Baltimore Industrial Railroad (MCM Rail) 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 discontinue rail service over an approximately 12-mile line of railroad in Sparrows Point, Baltimore County, Md. (the Line). MCM Rail states that there are no mileposts on the Line. The Line is the entire system operated by MCM Rail. The Line traverses through United States Postal Service Zip Code 21219, and there are no stations on the Line.

MCM Rail states that the Line is stub-ended and therefore not capable of handling overhead traffic. Upon discontinuance of service by MCM Rail, rail service over the Line will be provided by the owner of the Line, Sparrows Point Rail, LLC (formerly known as Hilco SP Rail LLC). To MCM Rail’s knowledge, the Line does not contain federally granted rights-of-way.

Because this is the discontinuance of the entire system operated by MCM Rail, no labor conditions will be imposed. Additionally, because this is a discontinuance proceeding and not an abandonment proceeding, trail use/rail banking and public use conditions are not appropriate.

By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by November 13, 2015.

Any offer of financial assistance (OFA) under 49 C.F.R. 1152.27(b)(2) to subsidize continued rail service will be due no later than November 23, 2015, or 10 days after the service of a decision granting the petition for exemption, whichever occurs sooner. Each offer must be accompanied by a $1,600 filing fee. See 49 C.F.R.  1002.2(f)(25).

All filings in response to this notice must refer to Docket AB 1235X and must be sent to: (1) Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001; and (2) John K. Fiorilla, Esq., Capehart Scatchard, 8000 Midlantic Drive, Suite 300, Mt. Laurel, NJ 08054. Replies to the petition are due on or before September 8, 2015.

Persons seeking further information concerning 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 and discontinuance regulations at 49 C.F.R. pt. 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.

Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.

Decided: August 12, 2015.

By the Board, Rachel D. Campbell, Director, Office of Proceedings