[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Notices]
[Page 22390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8581]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-933X]


Dakota, Missouri Valley & Western Railroad, Inc.--Abandonment 
Exemption--in Burleigh and Emmons Counties, ND

    Dakota, Missouri Valley & Western Railroad, Inc. (DMVW) has filed a 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon an approximately 32.3-mile portion of the McKenzie-Linton Line 
between milepost 13.0, a point south of Moffitt, Burleigh County, ND, 
and milepost 45.3, in Linton, Emmons County, ND.\1\ The line traverses 
United States Postal Service Zip Codes 58524, 58544, 58552 and 58560.
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    \1\ DMVW acquired by purchase, a permanent and exclusive rail 
service easement over the line from The Burlington Northern and 
Santa Fe Railway Company, now BNSF Railway Company. See Dakota, 
Missouri Valley & Western Railroad, Inc.--Acquisition and Operation 
Exemption--A Line of The Burlington Northern and Santa Fe Railway 
Company, STB Finance Docket No. 33639 (STB served Sept. 1, 1998).
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    DMVW 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.
    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 May 31, 2005, 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 
May 9, 2005. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by May 19, 2005, with the 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 
currently is set at $1,200. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
DMVW's representative: Janie Sheng, Kirkpatrick & Lockhart Nicholson 
Graham LLP, 1800 Massachusetts Ave., NW., Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    DMVW has filed an environmental and historic report which addresses 
the effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by May 6, 
2005. 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), DMVW 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 DMVW's filing of a notice of 
consummation by April 29, 2006, 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: April 22, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-8581 Filed 4-28-05; 8:45 am]
BILLING CODE 4915-01-P