[Federal Register: April 17, 2008 (Volume 73, Number 75)]
[Notices]
[Page 21014-21015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap08-115]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-882; STB Docket No. AB-884]
Minnesota Commercial Railway Company--Adverse Discontinuance--In
Ramsey County, MN; M T Properties, Inc.--Adverse Abandonment--In Ramsey
County, MN
On March 28, 2008, The City of New Brighton, MN (the City), filed
an application under 49 U.S.C. 10903, requesting that the Surface
Transportation Board (Board) authorize the third-party or adverse
abandonment and discontinuance of service over an approximately 0.69-
mile line of rail, extending from a junction switch near milepost 10.5
on Minnesota Commercial Railway's (MCRC) main industrial lead track and
terminating at the western right-of-way of Interstate Highway 35W (the
Line).\1\ The Line is owned by M T Properties, Inc. and operated by
MCRC. The line traverses United States Postal Service Zip Code 55112,
and includes no stations.
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\1\ The line is a stub-ended track and has no mileposts.
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The line sought to be abandoned does not contain federally granted
rights-of-way. Any documentation in the City's possession will be made
available promptly to those requesting it.
The City states that there are no existing or potential railroad
customers located on the line. The City also states that the shippers
who last used the Line have relocated and continue to be served by
MCRC.
In a decision served in these proceedings on January 25, 2008, the
City was granted exemptions from certain statutory provisions as well
as waivers of certain Board regulations at 49 CFR part 1152 that were
not relevant to its adverse abandonment and discontinuance application
or that sought information not available to it. Specifically, the City
was granted, as pertinent, waivers of and exemptions from the notice
requirements at 49 U.S.C. 10903(c), 49 CFR 1152.10-14, 49 CFR 1152.21,
49 CFR 1152.22(a)(5), and 49 CFR 1152.24(e)(1), and waiver of the
regulatory requirement that the application be executed and verified by
[[Page 21015]]
an officer of the carrier as described at 49 CFR 1152.22(j).
The interests of affected railroad employees, if there are any
employees on the Line, will be protected by the conditions set forth in
Oregon Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979).
Any interested person may file written comments concerning the
proposed abandonment and discontinuance or protests (including the
protestant's entire opposition case) by May 12, 2008. The City's reply
is due by May 27, 2008.
Any Offer of Financial Assistance (OFA) under 49 CFR 1152.27(b)(2)
will be due no later than 10 days after service of a decision granting
the petition for exemption. Each OFA must be accompanied by a $1,300
filing fee. See 49 CFR 1002.2(f)(25).
All interested persons should be aware that, following abandonment
of rail service and salvage of the line, the line may be suitable for
other public use, including interim trail use. Any request for public
use condition under 49 CFR 1152.28 or trail use/rail banking under 49
CFR 1152.29 will be due no later than May 12, 2008. Each trail use
request must be accompanied by a $200 filing fee. See 49 CFR
1002.2(f)(27)(i).
Persons opposing the proposed abandonment and/or discontinuance who
wish to participate actively and fully in the process should file a
protest. Persons who may oppose the abandonment and/or discontinuance
but who do not wish to participate fully in the process by submitting
verified statements of witnesses containing detailed evidence should
file comments. Persons seeking information concerning the filing of
protests should refer to 49 CFR 1152.25.
All filings in response to this notice must refer to STB Docket
Nos. AB-882 and AB-884 and must be sent to: (1) Surface Transportation
Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) John D.
Heffner, 1750 K Street, NW., Suite 350, Washington, DC 20006. Filings
may be submitted either via the Board's e-filing format or in the
traditional paper format. Any person using e-filing should attach a
document and otherwise comply with the instructions found on the
Board's ``http://www.stb.dot.gov'' Web site, at the ``E-FILING'' link.
Any person submitting a filing in the traditional paper format should
send the original and 10 copies of the filing to the Board with a
certificate of service. Except as otherwise set forth in 49 CFR part
1152, every document filed with the Board must be served on all parties
to these adverse abandonment and discontinuance proceedings. 49 CFR
1104.12(a).
An environmental assessment (EA) (or environmental impact statement
(EIS), if necessary) prepared by the Board's Section of Environmental
Analysis (SEA) will be served upon all parties of record and upon any
agencies or other persons who commented during its preparation. Any
other persons who would like to obtain a copy of the EA (or EIS) may
contact SEA. EAs in these abandonment proceedings normally will be made
available within 33 days of the filing of the application. The deadline
for submission of comments on the EA will generally be within 30 days
of its service. The comments received will be addressed in the Board's
decision. A supplemental EA or EIS may be issued where appropriate.
Persons seeking further information concerning abandonment/
discontinuance procedures may contact the Board's Office of Public
Assistance, Governmental Affairs and Compliance at (202) 245-0230 or
refer to the full abandonment/discontinuance regulations at 49 CFR part
1152. Questions concerning environmental issues may be directed to SEA
at (202) 245-0305. [Assistance for the hearing impaired is available
through the Federal Information Relay Service (FIRS) at 1-800-877-
8339.]
Board decision and notices are available on our Web site at
``http://www.stb.dot.gov.''
Decided: April 14, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-8288 Filed 4-16-08; 8:45 am]
BILLING CODE 4915-01-P