[Federal Register Volume 67, Number 240 (Friday, December 13, 2002)]
[Notices]
[Pages 76774-76775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31458]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-845X]


CHS Holdings, Inc.--Abandonment Exemption--in Pembina County, ND

    On November 25, 2002, CHS Holdings, Inc. (CHS) filed with the 
Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 
for exemption from the provisions of 49 U.S.C. 10903 to abandon its 
entire line of railroad extending from milepost 177.44 to the end of 
the line at milepost 179.55, a distance of 2.11 miles, in Pembina 
County, ND. The line traverses U.S. Postal Service Zip Code 58271 and 
includes no stations.
    The line does not contain federally granted rights-of-way. Any 
documentation in CHS's possession will be made available promptly to 
those requesting it.
    In this proceeding, CHS is proposing to abandon a line that 
constitutes its entire rail system. CHS seeks to extinguish its common 
carrier obligation and, following abandonment of the line, to operate 
it as a private carrier. When issuing abandonment authority for a 
railroad line that constitutes the carrier's entire system, the Board 
does not impose labor protection, except in specifically enumerated 
circumstances. See Northampton and Bath R. Co.--Abandonment, 354 I.C.C. 
784, 785-86 (1978) (Northampton). Therefore, if the Board grants the 
petition for exemption, in the absence of a showing that one or more of 
the exceptions articulated in Northampton are present, no labor 
protective conditions will be imposed.
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by March 14, 2003.
    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 $1,100 
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 a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than January 2, 2003. Each trail 
use request must be accompanied by a $150 filing fee. See 49 CFR 
1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-845X and must be sent to: (1) Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001; and (2) Fritz R. Kahn, 1920 N 
Street, NW., 8th Floor, Washington, DC 20036-1601. Replies to the CHS 
petition are due on or before January 2, 2003.
    Persons seeking further information concerning abandonment and 
discontinuance procedures may contact the Board's Office of Public 
Services at (202) 565-1592 or refer to the full abandonment or 
discontinuance regulations at 49 CFR part 1152. Questions concerning 
environmental issues may be directed to the Board's Section of 
Environmental Analysis (SEA) at (202) 565-1552. [Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1-800-877-8339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.

[[Page 76775]]

    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: December 5, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-31458 Filed 12-12-02; 8:45 am]
BILLING CODE 4915-00-P