[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Notices]
[Pages 56235-56236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28634]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-391 (Sub-No. 3X)]
Red River Valley & Western Railroad Company--Abandonment
Exemption--in Benson County, ND
Red River Valley & Western Railroad Company (RRVW) has filed a
notice of exemption under 49 CFR part 1152 Subpart F--Exempt
Abandonments to abandon an approximately 11.94-mile line of railroad
from approximately milepost 16.56, approximately one mile west of state
highway 30, near Maddock to approximately milepost 28.5 near Esmond, in
Benson County, ND. The line traverses United States Postal Service Zip
Code 58332.
RRVW has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic moving over
the line; (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
28, 1997, unless stayed pending reconsideration. Petitions to stay that
do not involve
[[Page 56236]]
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 10,
1997. Petitions to reopen or requests for public use conditions under
49 CFR 1152.28 must be filed by November 18, 1997, with: Surface
Transportation Board, Office of the Secretary, Case Control Unit, 1925
K Street, N.W., 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 $900. 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: Jo A. DeRoche, Esq., Weiner, Brodsky,
Sidman & Kider, P.C., 1350 New York Avenue., N.W., Suite 800,
Washington, DC 20005-4797.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
RRVW 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 Novenber 3, 1997. 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), RRVW 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 RRVW's filing of a notice of
consummation by October 29, 1998, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Decided: October 21, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-28634 Filed 10-28-97; 8:45 am]
BILLING CODE 4915-00-P
