[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67985-67986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32412]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-391 (Sub-No. 5X)]
Red River Valley & Western Railroad Company--Abandonment
Exemption--in Burleigh, Kidder and Stutsman Counties, ND
Red River Valley & Western Railroad Company (RRVW) has filed a
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon approximately 59.70 miles of rail line from milepost 21.55,
west of Woodworth, to milepost 81.25, in Regan, in Burleigh, Kidder and
Stutsman Counties, ND. The line traverses United States Postal Service
Zip Codes 58475, 58478, 58488, 58412, 58494 and 58477.
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 January 8,
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
December 21, 1998. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by December 29, 1998,
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 $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: Rose-Michele Weinryb, 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 December 14, 1998. Interested persons
may obtain a copy of the EA by writing to SEA (Room 500, Surface
Transportation Board,
[[Page 67986]]
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 December 9, 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 1, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-32412 Filed 12-8-98; 8:45 am]
BILLING CODE 4915-00-P
