[Federal Register Volume 63, Number 247 (Thursday, December 24, 1998)]
[Notices]
[Pages 71340-71341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34022]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-57 (Sub-No. 44X)]
Soo Line Railroad Company--Abandonment Exemption--in St. Louis
County, MN
Soo Line Railroad Company (Soo) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon an
approximately 1.18+/-mile portion of the West Duluth Line between
milepost 464.25+/ and milepost 465.43+/ in West Duluth, St. Louis,
County, MN.1 The line traverses United States Postal Service
Zip Code 55802.
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\1\ Pursuant to 49 CFR 1150.50(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
January 25, 1999. However, because the verified notice was filed on
December 7, 1998, consummation may not take place prior to January
26, 1999. Applicant's representative has been contacted and has
confirmed that the correct consummation date is on or after January
26, 1999.
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Soo has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) any overhead traffic formerly handled 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 January
23, 1999, 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 January
4, 1999. Petitions to reopen or requests for public use conditions
under 49 CFR 1152.28 must be filed by January 13,
[[Page 71341]]
1999, with: Surface Transportation Board, Office of the Secretary, Case
Control Unit, 1925 K Street, NW, Washington, DC 20423.
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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
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.
\3\ 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: Larry D. Starns, 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
abandonments effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by December 29, 1998. 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 December 24, 1999, 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: December 17, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-34022 Filed 12-23-98; 8:45 am]
BILLING CODE 4915-00-P
