[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Notices]
[Pages 13808-13809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6380]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1057X]


Missouri & Valley Park Railroad Corporation--Discontinuance of 
Service Exemption--in St Louis County, MO

    On March 3, 2010, Missouri & Valley Park Railroad Corporation 
(MVPR) \1\ filed with the Surface Transportation Board a petition under 
49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to 
discontinue service over 3.5 miles of rail lines owned by BNSF located 
on the south side of BNSF's Cuba Subdivision between milepost 18.36 and 
milepost 20.50, near West Valley Park, St. Louis County, MO.\2\ The 
lines traverse U.S. Postal Service Zip Code 63088, and include no 
stations.\3\
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    \1\ MVPR leased the lines from BNSF Railway Company (BNSF) in 
2002. See Missouri & Valley Park Railroad Corporation--Lease 
Exemption--The Burlington Northern and Santa Fe Railway Company, STB 
Finance Docket No. 34231 (STB served Aug. 5, 2002) (MVPR lease). 
According to MVPR, upon the expiration of MVPR's lease, BNSF leased 
the lines to Burlington Shortline Railroad, Inc. d/b/a Burlington 
Junction Railway, which commenced operations on the lines on January 
30, 2010. See Burlington Shortline Railroad, Inc. d/b/a Burlington 
Junction Railway--Lease and Operation Exemption--BNSF Railway 
Company, STB Finance Docket No. 35333 (STB served Dec. 31, 2009).
    \2\ In MVPR lease, the length of the lines was described as 2.14 
miles. According to MVPR, the lines are actually 3.5 miles in 
length.
    \3\ On March 12, 2010, MVPR supplemented its petition with 
station information.
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    According to MVPR, the lines do not contain any Federally granted 
rights-of-way. Any documentation in MVPR's possession will be made 
available promptly to those requesting it.
    MVPR proposes to discontinue service over these lines, which 
constitute its entire operations. When issuing discontinuance authority 
for railroad lines that constitute the carrier's entire system, the 
Board does not impose labor protection, except in specifically 
enumerated circumstances. See Northampton and Bath R. Co.--Abandonment, 
354.I.C.C. 784, 785-86 (1978) (Northampton). Therefore, if the Board 
grants the petition for exemption, in the absence of a showing that one 
or more of the exceptions articulated in Northampton are present, no 
labor protective conditions would be imposed.
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by June 21, 2010.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
to

[[Page 13809]]

subsidize continued rail service will be due no later than 10 days 
after service of a decision granting the petition for exemption. Each 
offer must be accompanied by a $1,500 filing fee. See 49 CFR 
1002.2(f)(25).\4\
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    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Similarly, no environmental or historic 
documentation is required under 49 CFR 1105.6(c)(2) and 1105.8.
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    All filings in response to this notice must refer to STB Docket No. 
AB-1057X, and must be sent to: (1) Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001; and (2) Karl Morell, Of 
Counsel, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 
20005. Replies to the petition are due on or before April 12, 2010.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0230 or refer to the 
full abandonment and discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Section of Environmental Analysis (SEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2010-6380 Filed 3-22-10; 8:45 am]
BILLING CODE 4915-01-P