[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Notices]
[Page 46571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15761]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 429X) and AB-882 (Sub-No. 1X)]


BNSF Railway Company--Abandonment Exemption--in Ramsey County, 
MN; Minnesota Commercial Railway Company--Discontinuance of Service 
Exemption--in Ramsey County, MN

    BNSF Railway Company (BNSF) and Minnesota Commercial Railway 
Company (MNNR) (collectively, applicants) have jointly filed a notice 
of exemption under 49 CFR 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service for BNSF to abandon, and MNNR to discontinue 
service over, a 0.67-mile line of railroad between milepost 7.19, a 
point approximately 100 feet north of Interstate Highway I-694 in White 
Bear Township, and milepost 6.52, a point approximately 50 feet north 
of Beam Avenue in Maplewood, in Ramsey County, MN.\1\
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    \1\ By memorandum to the Board's Section of Environmental 
Analysis (SEA) dated June 24, 2005, MNNR amended its environmental 
and historic report in the above proceedings to reflect the correct 
location of the rail line and right-of-way. According to MNNR, the 
rail line is located in the City of Maplewood, MN, and in White Bear 
Township, not White Bear Lake, MN, and the outer portions of the 
right-of-way may be located in the municipalities of Vadnais 
Heights, MN, and White Bear Lake.
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    BNSF and MNNR have certified that: (1) No traffic has moved over 
the line for at least 2 years; (2) any overhead traffic on the line 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 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 or discontinuance 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 September 9, 2005,\2\ unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues,\3\ formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\4\ and trail use/rail banking requests under 49 CFR 
1152.29 must be filed by August 19, 2005. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by August 30, 2005, with the: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001.
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    \2\ In their notice filed on July 21, 2005, applicants proposed 
a consummation date of August 30, 2005. In a letter filed on July 
28, 2005, applicants indicate that the correct consummation date is 
September 9, 2005, which is the earliest the exemption could become 
effective under 49 CFR 1152.50(d)(2).
    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by 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.
    \4\ 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 
applicants' representatives: for BNSF, Sidney L. Strickland, Jr., 
Sidney L. Strickland and Associates, PLLC, 3050 K Street, NW., Suite 
101, Washington, DC 20007-5108; for MNNR, Thomas F. McFarland, Thomas 
F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 
60604-1112.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Applicants have filed environmental and historic reports which 
address the effects, if any, of the abandonment and discontinuance on 
the environment and historic resources. SEA will issue an environmental 
assessment (EA) by August 15, 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), BNSF 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 BNSF's filing of a notice of 
consummation by August 10, 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: August 3, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-15761 Filed 8-9-05; 8:45 am]
BILLING CODE 4915-01-P