[Federal Register Volume 64, Number 207 (Wednesday, October 27, 1999)]
[Notices]
[Page 57927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27778]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-57 (Sub-No. 49X)]
Soo Line Railroad Company--Abandonment Exemption--in MacIntosh
County, ND
Soo Line Railroad Company (Soo) has filed a notice of exemption
under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon a
19.0+/-mile portion of its line of railroad known as the Pollack Line
between milepost 342.0+/-near Wishek and milepost 361.0+/-at the end of
track near Ashley, in MacIntosh County, ND. The line traverses United
States Postal Service Zip Codes 58495 and 58413.
Soo 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 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 (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 November
26, 1999, unless stayed pending reconsideration. Petitions to stay that
do not involve environmental issues,\1\ formal expressions of intent to
file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking
requests under 49 CFR 1152.29 must be filed by November 8, 1999.
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by November 16, 1999, with: Surface
Transportation Board, Office of the Secretary, Case Control Unit, 1925
K Street, NW, Washington, DC 20423.
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\1\ 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.
\2\ Each offer of financial assistance must be accompanied by
the filing fee, which currently is set at $1000. See 49 CFR
1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
applicant's representative: Diane P. Gerth, Esq., Leonard, Street and
Deinard Professional Association, 150 South Fifth Street, Suite 2300,
Minneapolis, MN 55402.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Soo has filed an environmental report which addresses the effects
of the abandonment, if any, on the environment and historic resources.
The Section of Environmental Analysis (SEA) will issue an environmental
assessment (EA) by November 1, 1999. Interested persons may obtain a
copy of the EA by writing to SEA (Room 500, Surface Transportation
Board, Washington, DC 20423) or by calling SEA, at (202) 565-1545.
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), Soo 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 Soo's filing of a notice of
consummation by October 27, 2000, 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 website at
``WWW.STB.DOT.GOV.''
Decided: October 19, 1999.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-27778 Filed 10-26-99; 8:45 am]
BILLING CODE 4915-00-P
