[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Pages 79086-79087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31728]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 1003 (Sub-No. 1X)]
Mohall Central Railroad, Inc.--Abandonment Exemption--in Cavalier
County, ND
Mohall Central Railroad, Inc. (MCR) filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon a 5.4-mile line of railroad extending between milepost 67.5
near Calvin, N.D., and milepost 72.9 at Sarles, N.D.\1\ The line
traverses United States Postal Service Zip Codes 58323 and 58372.
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\1\ In Northern Plains Railroad--Operation Exemption--Rail Line
of Mohall Central Railroad, FD 34780 (STB served Dec. 29. 2005),
Northern Plains Railroad, Inc. (NPR) was authorized to operate a
69.15-mile line of railroad that includes this portion of the rail
line. Applicant states that because NPR never instituted service on
the line, MCR does not need NPR to obtain discontinuance authority
before MCR seeks abandonment authority here. See Mohall Cent. R.R.--
Aban. Exemption--in Nelson, Ramsey, and Cavalier Counties, ND, AB
1003X, slip op. at 1 n.1 (STB served Oct. 29, 2007). MCR has
certified to the Board that it has notified NPR of its plans to
abandon the 5.4-mile portion of the line and has served a copy of
its notice on NPR.
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MCR 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
to be rerouted over other lines; (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 Surface Transportation Board
(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(c) (environmental report), 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.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line--
Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether
this condition adequately protects affected employees, a petition for
partial revocation under 49 U.S.C. 10502(d) must be filed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on January 15, 2011, 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
December
[[Page 79087]]
27, 2010. Petitions to reopen or requests for public use conditions
under 49 CFR 1152.28 must be filed by January 5, 2011, with the Surface
Transportation Board, 395 E Street, SW., 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
Office of Environmental Analysis (OEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. 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 is
currently set at $1,500. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to MCR's
representative: Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 N.
Wacker Dr., Suite 920, Chicago, IL 60606.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
MCR has filed a combined environmental and historic report that
addresses the effects, if any, of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by December 21, 2010. Interested persons may obtain a copy of the EA by
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC
20423-0001) or by calling OEA, at (202) 245-0305. 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), MCR 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 MCR's filing of a notice of
consummation by December 16, 2011, 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.
Decided: December 13, 2010.
By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-31728 Filed 12-16-10; 8:45 am]
BILLING CODE 4915-01-P