[Federal Register Volume 72, Number 97 (Monday, May 21, 2007)]
[Notices]
[Pages 28551-28552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9563]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1009X]


Mission Mountain Railroad, Inc.--Discontinuance of Service 
Exemption--in Flathead County, MT

    Mission Mountain Railroad, Inc. (MMT) \1\ has filed a verified 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments 
and Discontinuances of Service to discontinue service over a 0.42-mile 
line of railroad between Engineering Station 189+36 and Engineering 
Station 167+00, in Flathead County, MT.\2\ The line traverses United 
States Postal Service Zip Code 59901.
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    \1\ MMT was authorized to lease and operate the line in Mission 
Mountain Railroad, Inc.--Acquisition Exemption--The Burlington 
Northern and Santa Fe Railway Company, STB Finance Docket No. 34634 
(STB served Jan. 19, 2005).
    \2\ BNSF Railway Company was authorized to abandon the above-
described line in BNSF Railway Company--Abandonment Exemption--in 
Flathead County, MT, STB Docket No. AB-6 (Sub-No. 444X) (STB served 
Sept. 28, 2006).
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    MMT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the line 
to be rerouted; (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 1105.12 (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 discontinuance of service 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 June 20, 2007, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2),\3\ must be filed by May 31, 2007.\4\ Petitions to 
reopen must be filed by June 11, 2007, with: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \3\ Each OFA must be accompanied by the filing fee,which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
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    A copy of any petition filed with the Board should be sent to MMT's 
representative: Karl Morell, Ball Janik LLP, 1455 F Street, NW., Suite 
225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.

[[Page 28552]]

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

    Decided: May 11, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-9563 Filed 5-18-07; 8:45 am]
BILLING CODE 4915-01-P