[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Notices]
[Page 68658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30574]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1054X]


Northern Plains Railroad, Inc.--Discontinuance of Service 
Exemption--in Ramsey and Benson Counties, ND

    Northern Plains Railroad, Inc. (NPR),\1\ has filed a verified 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments 
and Discontinuances of Service to discontinue service over 26.24 miles 
of a line of railroad owned by Soo Line Railroad Company d/b/a Canadian 
Pacific Railway (Soo) between milepost 446.0, in Devils Lake, Ramsey 
County, ND, and milepost 472.24, in Harlow, Benson County, ND.\2\ The 
line traverses United States Postal Service Zip Codes 58301, 58362, 
58325, 58351, and 58346.
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    \1\ NPR was authorized to lease and operate the line in Northern 
Plains Railroad, Inc.--Lease and Operation Exemption--Certain Lines 
of Soo Line Railroad Company d/b/a Canadian Pacific Railway, STB 
Finance Docket No. 33324 (STB served Jan. 9, 1997).
    \2\ Soo was authorized to abandon 28.35+/miles of rail line 
(approximately 2 miles longer than the line leased by NPR) in Soo 
Line Railroad Company--Abandonment Exemption--in Ramsey and Benson 
Counties, ND, STB Docket No. AB-57 (Sub-No. 54X) (STB served Oct. 
22, 2004).
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    NPR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic to 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 (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 of 49 
CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.\3\
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    \3\ Because this is a discontinuance of service proceeding and 
not an abandonment, the proceeding is exempt from the requirements 
of 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic 
reports), and 49 CFR 1105.11 (transmittal letter).
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    As a condition to these exemptions, any employee adversely affected 
by the service 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 January 27, 2010, 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),\4\ must be filed by January 7, 2010.\5\ Petitions 
to reopen must be filed by January 19, 2010, with: Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
    \5\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate.
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Jeremy M. Berman, Fletcher & Sippel LLC, 29 
N. Wacker Drive, Suite 920, Chicago, IL 60606.
    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 
WWW.STB.DOT.GOV.

    Decided: December 18, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-30574 Filed 12-24-09; 8:45 am]
BILLING CODE 4915-01-P