[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Notices]
[Page 31366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10772]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1011X]


Northern Lines Railway, LCC-Discontinuance of Service Exemption-
in Stearns County, MN

    Northern Lines Railway, LCC (NLR) \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 0.77-mile line 
of railroad between milepost 16.21 and milepost 16.98, near Cold 
Spring, in Stearns County, MN.\2\ The line traverses United States 
Postal Service Zip Code 56320.
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    \1\ NLR was authorized to lease and operate the line in Northern 
Lines Railway, LLC--Lease and Operation Exemption--The Burlington 
Northern and Santa Fe Railway Company, STB Finance Docket No. 34627 
(STB served Jan. 6, 2005).
    \2\ BNSF Railway Company (BNSF) was authorized to abandon the 
above-described line in BNSF Railway Company--Abandonment 
Exemption--in Stearns County, MN, STB Docket No. AB-6 (Sub-No. 455X) 
(STB served May 7, 2007). While BNSF was authorized to abandon its 
rail line located between milepost 16.21 and milepost 17.00, NLR's 
lease only extended to milepost 16.98, explaining the 0.02-mile 
difference in mileages sought by BNSF and NLR.
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    NLR 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 July 6, 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 June 18, 2007.\4\ Petitions 
to reopen must be filed by June 26, 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 NLR'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.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 30, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-10772 Filed 6-5-07; 8:45 am]
BILLING CODE 4915-01-P