[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Pages 51316-51317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25097]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Docket No. AB-337 (Sub-No. 4X)]
Dakota, Minnesota & Eastern Railroad Corporation--Abandonment
Exemption--in Brown County, SD
Dakota, Minnesota & Eastern Railroad Corporation (DM&E) has filed a
notice of exemption under 49 CFR 1152 Subpart
[[Page 51317]]
F--Exempt Abandonments to abandon approximately 0.55 miles of its line
of railroad known as the Aberdeen Line (of former Aberdeen to Oakes
Subdivision) from approximately milepost 83.15+/- to approximately
milepost 82.6+/- in Brown County, SD.2
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\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803, which was enacted on December 29, 1995, and took effect
on January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to the
Board's jurisdiction pursuant to 49 U.S.C. 10903.
\2\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a
verified notice with the Board at least 50 days before the
abandonment or discontinuance is to be consummated. The applicant in
its verified notice, indicated a proposed consummation date of
October 25, 1996. Because the verified notice was not filed until
September 11, 1996, however, consummation should have not been
proposed to take place prior to October 31, 1996. Applicant's
representative has been contacted and has confirmed that the correct
consummation date is on or after October 31, 1996. ................
DM&E has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) any overhead traffic on the line can be
rerouted; (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.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 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 October 31, 1996, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,3
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR
1152.29 5 must be filed by October 11, 1996. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by October 21, 1996, with: Office of the Secretary, Case Control
Branch, Surface Transportation Board, 1201 Constitution Avenue, N.W.,
Washington, DC 20423.
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\3\ 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 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.
\4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C. 2d 164 (1987).
\5\ The Board will accept late-filed trail use requests so long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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A copy of any petition filed with the Board should be sent to
applicant's representative: Kevin V. Schieffer, Schieffer, Cutler &
Donahoe, 431 North Phillips Avenue, Suite 300, Sioux Falls, SD 57102.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
DM&E has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by October 4, 1996. Interested persons
may obtain a copy of the EA by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine
Kaiser, Chief of SEA, at (202) 927-6248. 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.
Decided: September 24, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-25097 Filed 9-30-96; 8:45 am]
BILLING CODE 4915-00-P
