[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Pages 51316-51317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25097]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Docket No. AB-337 (Sub-No. 4X)]


Dakota, Minnesota & Eastern Railroad Corporation--Abandonment 
Exemption--in Brown County, SD

    Dakota, Minnesota & Eastern Railroad Corporation (DM&E) has filed a 
notice of exemption under 49 CFR 1152 Subpart

[[Page 51317]]

F--Exempt Abandonments to abandon approximately 0.55 miles of its line 
of railroad known as the Aberdeen Line (of former Aberdeen to Oakes 
Subdivision) from approximately milepost 83.15+/- to approximately 
milepost 82.6+/- in Brown County, SD.2
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    \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.
    \2\ Pursuant to 49 CFR 1152.50(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 
October 25, 1996. Because the verified notice was not filed until 
September 11, 1996, however, consummation should have not been 
proposed to take place prior to October 31, 1996. Applicant's 
representative has been contacted and has confirmed that the correct 
consummation date is on or after October 31, 1996.  ................
    DM&E has certified 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 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 October 31, 1996, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,3 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 
1152.29 5 must be filed by October 11, 1996. Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by October 21, 1996, with: Office of the Secretary, Case Control 
Branch, Surface Transportation Board, 1201 Constitution Avenue, N.W., 
Washington, DC 20423.
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    \3\ 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.
    \4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C. 2d 164 (1987).
    \5\ The Board will accept late-filed trail use requests so long 
as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Kevin V. Schieffer, Schieffer, Cutler & 
Donahoe, 431 North Phillips Avenue, Suite 300, Sioux Falls, SD 57102.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    DM&E 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 October 4, 1996. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 3219, Surface 
Transportation Board, 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: September 24, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-25097 Filed 9-30-96; 8:45 am]
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