[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Notices]
[Page 37888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16050]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 991X]


Yellowstone Valley Railroad, L.L.C.--Discontinuance of Service 
Exemption--in Dawson and Richland Counties, Mont.

    Yellowstone Valley Railroad, L.L.C. (YVRR) \1\ has filed a verified 
notice of exemption under 49 CFR Part 1152 subpart F-Exempt 
Abandonments and Discontinuances of Service to discontinue service over 
37 miles of rail line owned by BNSF Railway Company, between milepost 
6.0 near Glendive and milepost 43.0 at Crane, in Dawson and Richland 
Counties, Mont.\2\ The line traverses United States Postal Service Zip 
Codes 59217, 59262 and 59330.
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    \1\ Applicant's name was formerly Yellowstone Valley Railroad, 
Inc. See Watco Holdings, Watco Companies, and Watco Transp. 
Services--Corporate Family Transaction, FD 35439 (STB served Nov. 4, 
2010).
    \2\ The 37-mile segment is a portion of a 171.97 mile rail line 
that YVRR was authorized to lease and operate in Yellowstone Valley 
RR.--Lease & Op.--BNSF Ry. Co., FD 34737 (STB served Sept. 1, 2005).
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    YVRR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic can be rerouted 
over other lines; \3\ (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 1105.12 
(newspaper publication) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.\4\
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    \3\ While overhead traffic can be rerouted, applicant states 
that BNSF intends to route certain BNSF overhead traffic over the 
line after YVRR discontinues its operations and BNSF becomes the 
operator.
    \4\ Because this is a discontinuance 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 this exemption, any employee adversely affected 
by the discontinuance shall be protected under Oregon Short Line 
Railroad--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 
become effective on July 28, 2011, 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),\5\ must be filed by July 8, 
2011.\6\ Petitions to reopen must be filed by July 18, 2011, with the 
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001.
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    \5\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
    \6\ 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 
YVRR's representative: Karl Morell, 655 Fifteenth St., 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: June 22, 2011.
    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-16050 Filed 6-27-11; 8:45 am]
BILLING CODE 4915-01-P