[Federal Register: December 2, 1999 (Volume 64, Number 231)]
[Notices]               
[Page 67619-67620]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de99-89]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-391 (Sub-No. 7X)]

 
Red River Valley & Western Railroad Company--Abandonment 
Exemption--in McLean, Sheridan and Wells Counties, 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 approximately 56.34 miles of rail line from 
milepost 29.16 west of Bowdon and to milepost 85.5, at the end of the 
track, west of Turtle Lake, in McLean, Sheridan and Wells Counties, ND. 
The line traverses United States Postal Service Zip Codes 58575, 58559, 
58463, 58444 and 58451.
    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 1, 
2000, unless stayed pending reconsideration. Petitions to stay that do 
not involve environmental issues,<SUP>1</SUP> formal expressions of 
intent to file an OFA under 49 CFR 1152.27(c)(2),<SUP>2</SUP> and trail 
use/rail banking requests under 49 CFR 1152.29 must be filed by 
December 13, 1999. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by December 22, 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: Rose-Michele Weinryb, Esq., Weiner, 
Brodsky, Sidman & Kider, P.C., 1350 New York Avenue, NW, 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 7, 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), 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 2, 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: November 22, 1999.


[[Page 67620]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-30911 Filed 12-1-99; 8:45 am]
BILLING CODE 4915-00-P