[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Pages 79086-79087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31728]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1003 (Sub-No. 1X)]


Mohall Central Railroad, Inc.--Abandonment Exemption--in Cavalier 
County, ND

    Mohall Central Railroad, Inc. (MCR) filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon a 5.4-mile line of railroad extending between milepost 67.5 
near Calvin, N.D., and milepost 72.9 at Sarles, N.D.\1\ The line 
traverses United States Postal Service Zip Codes 58323 and 58372.
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    \1\ In Northern Plains Railroad--Operation Exemption--Rail Line 
of Mohall Central Railroad, FD 34780 (STB served Dec. 29. 2005), 
Northern Plains Railroad, Inc. (NPR) was authorized to operate a 
69.15-mile line of railroad that includes this portion of the rail 
line. Applicant states that because NPR never instituted service on 
the line, MCR does not need NPR to obtain discontinuance authority 
before MCR seeks abandonment authority here. See Mohall Cent. R.R.--
Aban. Exemption--in Nelson, Ramsey, and Cavalier Counties, ND, AB 
1003X, slip op. at 1 n.1 (STB served Oct. 29, 2007). MCR has 
certified to the Board that it has notified NPR of its plans to 
abandon the 5.4-mile portion of the line and has served a copy of 
its notice on NPR.
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    MCR 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 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 at 49 
CFR 1105.7(c) (environmental report), 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 shall be protected under Oregon Short Line--
Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & 
Bonneville Counties, Idaho, 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 15, 2011, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
December

[[Page 79087]]

27, 2010. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by January 5, 2011, with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to MCR's 
representative: Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 N. 
Wacker Dr., Suite 920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    MCR has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by December 21, 2010. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA, at (202) 245-0305. 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), MCR 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 MCR's filing of a notice of 
consummation by December 16, 2011, 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: December 13, 2010.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-31728 Filed 12-16-10; 8:45 am]
BILLING CODE 4915-01-P