[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Notices]
[Pages 64131-64132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24502]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-391 (Sub-No. 10X)]


Red River Valley and Western Railroad Company--Abandonment 
Exemption--in Foster and Wells Counties, ND

    Red River Valley & Western Railroad Company (RRVW) has filed a 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon approximately 27.76 miles of rail line from approximately 
milepost 21.4 in or near Carrington, ND, to the end of the line at 
approximately milepost 29.16 in or near Bowdon, ND, in Foster and Wells 
Counties, ND. The line traverses United States Postal Service Zip Codes 
58486, 58418 and 58421.
    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 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.\1\
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    \1\ RRVW states that it has used the subject line to store cars 
for off-line shippers during the preceding 2 years. RRVW points out 
that use of a rail line to store rail cars for the convenience of 
off-line shippers or the railroad is not traffic originating or 
terminating on the line within the meaning of 49 CFR 1152.50(b), 
citing, Union Pacific Railroad Company--Abandonment Exemption--in 
Ada County, ID, STB Docket No. AB-33 (Sub-No. 137X) (STB served Aug. 
6, 1999).
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    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 December 3, 2004, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
November 12, 2004. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by November 23, 2004, 
with: Surface Transportation Board, 1925 K Street NW., Washington, DC 
20423-0001.
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    \2\ 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.
    \3\ Each OFA must be accompanied by the filing fee, which 
increases 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). 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: Rose-Michele Weinryb, 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.
    RRVW 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 November 
28, 2004. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board,

[[Page 64132]]

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), 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 November 3, 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 
``www.stb.dot.gov.''

    Decided: October 27, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-24502 Filed 11-2-04; 8:45 am]
BILLING CODE 4915-01-P