[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Pages 62117-62118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23721]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-57 (Sub-No. 54X)]


Soo Line Railroad Company--Abandonment Exemption--in Ramsey and 
Benson Counties, ND

    The Soo Line Railroad Company (Soo Line) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
28.35  mile line of railroad between milepost 446.0  in Devils Lake, Ramsey County, ND, and milepost 474.35  in Harlow, Benson County, ND. The line traverses United States 
Postal Service Zip Codes 58301, 58325, 58346, 58351 and 58362.
    Soo Line has certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) all overhead traffic can be and has 
been 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 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

[[Page 62118]]

exemption will be effective on November 23, 2004, 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 November 1, 2004. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by November 12, 2004, with the Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001.
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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 OFA must be accompanied by the filing fee, which 
currently is set at $1,100, but which will increase to $1,200, 
effective October 31, 2004. See Regulations Governing Fees for 
Services Performed in Connection with Licensing and Related 
Services--2004 Update, STB Ex Parte No. 542 (Sub-No. 11) (STB served 
Oct. 1, 2004).
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    Soo Line states that the line is the stub end of a grain branch 
line leased to Northern Plains Railroad, Inc. (NPRR). See Northern 
Plains Railroad, Inc.--Lease and Operation Exemption--Certain Lines of 
Soo Line Railroad Company d/b/a Canadian Pacific Railway, STB Docket 
No. 33324 (STB served Jan. 9, 1997). Although Soo Line states that NPRR 
has approved its abandonment proposal, Soo Line may not consummate the 
abandonment authority granted here unless and until NPRR files with the 
Board to discontinue its lease and operation rights on the line, NPRR 
obtains discontinuance authority, and NPRR exercises that authority. 
See Thompson v. Texas Mexican Ry., 328 U.S. 134 (1946).
    A copy of any petition filed with the Board should be sent to Soo 
Line's representative: Annie Littlefield, Leonard, Street and Deinard 
Professional Association, 150 South Fifth Street, Suite 2300, 
Minneapolis, MN 55402.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Soo Line has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by October 
29, 2004. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) 
or by calling SEA, at (202) 565-1539. [Assistance for the hearing 
impaired is available through the Federal Information Relay Service 
(FIRS) at 1-800-877-8339.] 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), Soo Line 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 Soo Line's filing of a notice of 
consummation by October 22, 2005, 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 http://www.stb.dot.gov.

    Decided: October 18, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-23721 Filed 10-21-04; 8:45 am]
BILLING CODE 4915-01-P