[Federal Register Volume 67, Number 17 (Friday, January 25, 2002)]
[Notices]
[Page 3779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1635]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-391 (Sub-No. 9X)]


Red River Valley & Western Railroad Company--Abandonment 
Exemption--in LaMoure and Barnes 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 32.9 miles of rail line from 
approximately milepost 27.4 in or near Lucca, ND, to the end of the 
line at approximately milepost 60.3 in or near Marion, ND, in LaMoure 
and Barnes Counties, ND. The line traverses United States Postal 
Service Zip Codes 58049, 58466 and 58461.
    RRVW has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic can be rerouted 
over other lines; (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 
February 26, 2002, 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 February 4, 
2002. Petitions to reopen or requests for public use conditions under 
49 CFR 1152.28 must be filed by February 14, 2002, 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 (SEA) 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 $1,000. 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: Troy W. Garris, Weiner Brodsky Sidman Kider 
PC, 1300 19th Street NW, 5th Floor, Washington, DC 20036-1609.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Applicant has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment or historic 
resources. SEA will issue an environmental assessment (EA) by February 
1, 2002. 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) 565-1552. 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 January 25, 2003, 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 Web site at 
www.stb.dot.gov.

    Decided: January 16, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
 Secretary.
[FR Doc. 02-1635 Filed 1-24-02; 8:45 am]
BILLING CODE 4915-00-P