[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Notices]
[Pages 13808-13809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6380]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-1057X]
Missouri & Valley Park Railroad Corporation--Discontinuance of
Service Exemption--in St Louis County, MO
On March 3, 2010, Missouri & Valley Park Railroad Corporation
(MVPR) \1\ filed with the Surface Transportation Board a petition under
49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to
discontinue service over 3.5 miles of rail lines owned by BNSF located
on the south side of BNSF's Cuba Subdivision between milepost 18.36 and
milepost 20.50, near West Valley Park, St. Louis County, MO.\2\ The
lines traverse U.S. Postal Service Zip Code 63088, and include no
stations.\3\
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\1\ MVPR leased the lines from BNSF Railway Company (BNSF) in
2002. See Missouri & Valley Park Railroad Corporation--Lease
Exemption--The Burlington Northern and Santa Fe Railway Company, STB
Finance Docket No. 34231 (STB served Aug. 5, 2002) (MVPR lease).
According to MVPR, upon the expiration of MVPR's lease, BNSF leased
the lines to Burlington Shortline Railroad, Inc. d/b/a Burlington
Junction Railway, which commenced operations on the lines on January
30, 2010. See Burlington Shortline Railroad, Inc. d/b/a Burlington
Junction Railway--Lease and Operation Exemption--BNSF Railway
Company, STB Finance Docket No. 35333 (STB served Dec. 31, 2009).
\2\ In MVPR lease, the length of the lines was described as 2.14
miles. According to MVPR, the lines are actually 3.5 miles in
length.
\3\ On March 12, 2010, MVPR supplemented its petition with
station information.
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According to MVPR, the lines do not contain any Federally granted
rights-of-way. Any documentation in MVPR's possession will be made
available promptly to those requesting it.
MVPR proposes to discontinue service over these lines, which
constitute its entire operations. When issuing discontinuance authority
for railroad lines that constitute the carrier's entire system, the
Board does not impose labor protection, except in specifically
enumerated circumstances. See Northampton and Bath R. Co.--Abandonment,
354.I.C.C. 784, 785-86 (1978) (Northampton). Therefore, if the Board
grants the petition for exemption, in the absence of a showing that one
or more of the exceptions articulated in Northampton are present, no
labor protective conditions would be imposed.
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 June 21, 2010.
Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2)
to
[[Page 13809]]
subsidize continued rail service will be due no later than 10 days
after service of a decision granting the petition for exemption. Each
offer must be accompanied by a $1,500 filing fee. See 49 CFR
1002.2(f)(25).\4\
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\4\ Because this is a discontinuance proceeding and not an
abandonment, trail use/rail banking and public use conditions are
not appropriate. Similarly, no environmental or historic
documentation is required under 49 CFR 1105.6(c)(2) and 1105.8.
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All filings in response to this notice must refer to STB Docket No.
AB-1057X, and must be sent to: (1) Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423-0001; and (2) Karl Morell, Of
Counsel, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC
20005. Replies to the petition are due on or before April 12, 2010.
Persons seeking further information concerning discontinuance
procedures may contact the Board's Office of Public Assistance,
Governmental Affairs, and Compliance at (202) 245-0230 or refer to the
full abandonment and discontinuance regulations at 49 CFR part 1152.
Questions concerning environmental issues may be directed to the
Board's Section of Environmental Analysis (SEA) 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 Web site at http://www.stb.dot.gov.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2010-6380 Filed 3-22-10; 8:45 am]
BILLING CODE 4915-01-P