[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Notices]
[Pages 4513-4514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2458]
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DEPARTMENT OF TRANSPORTATION
[STB Docket No. AB-466X]
MNVA Railroad, Inc.--Discontinuance of Trackage Rights
Exemption--in Ramsey and Hennepin Counties, MN
MNVA Railroad, Inc. (MNVA), has filed a verified notice under 49
CFR 1152 Subpart F--Exempt Abandonments and Discontinuances to
discontinue its trackage rights over 12 miles of rail line owned by Soo
Line Railroad Company and known as the Depression Trackage, between
milepost 416.23 at or near Merriam Park in St. Paul, and
milepost 428.00 at or near France Avenue in Minneapolis, in
Ramsey and Hennepin Counties, MN.
\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.
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MNVA certifies 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 complainant's favor within the last 2 years; 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.
[[Page 4514]]
As a condition to use of this exemption, any employee adversely
affected by the discontinuance 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 March 7, 1996, 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 4 must be filed by February 16, 1996. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by February 26, 1996, with: Office of the Secretary, Case Control
Branch, Surface Transportation Board, 1201 Constitution Avenue, N.W.,
Washington, DC 20423.
\2\ A stay will be issued routinely by the Board in those
proceedings where 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 prior to the effective date of this notice of exemption. See
Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
entity seeking a stay on environmental concerns is encouraged to
file its request as soon as possible in order to permit the Board to
review and act on the request before the effective date of this
exemption.
\3\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\ The Board will accept a late-filed trail use request as long
as it retains jurisdiction to do so.
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A copy of any petition filed with the Board should be sent to
applicant's representative: Thomas J. Litwiler, Oppenheimer Wolff &
Donnelly, Two Prudential Plaza, 45th Floor, 180 North Stetson Ave.,
Chicago, IL 60601.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
MNVA has filed an environmental report which addresses the effects,
if any, of the discontinuance on environmental and historic resources.
The Section of Environmental Analysis (SEA) will issue an environmental
assessment (EA) by February 9, 1996. Interested persons may obtain a
copy of the EA by writing to SEA (Room 3219, Surface Transportation
Board, 1201 Constitution Avenue, NW., 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: January 31, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-2458 Filed 2-5-96; 8:45 am]
BILLING CODE 4915-00-P
