[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Page 41559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17719]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 882 (Sub-No. 3X)]


Minnesota Commercial Railway Company--Discontinuance of Service 
Exemption--in Washington County, MN \1\
---------------------------------------------------------------------------

    \1\ This transaction is related to a concurrently filed verified 
notice of exemption filed in Docket No. AB 6 (Sub-No. 474X), BNSF 
Railway Company--Abandonment Exemption--in Washington County, MN, in 
which BNSF seeks an exemption under 49 CFR Part 1152 subpart F to 
abandon the same 0.51-mile line.
---------------------------------------------------------------------------

    Minnesota Commercial Railway Company (MNNR) filed a verified notice 
of exemption under 49 CFR Part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 0.51-mile line 
of railroad owned by BNSF Railway Company (BNSF) between milepost 15.59 
and milepost 16.10 at Hugo, in Washington County, MN. The line 
traverses United States Postal Service Zip Code 55038.\2\
---------------------------------------------------------------------------

    \2\ MNNR was authorized to lease and operate the line in 
Minnesota Commercial Railway Company--Lease & Operation Exemption--
Burlington Northern Santa Fe Railway Co., FD 33577 (STB served Apr. 
10, 1998).
---------------------------------------------------------------------------

    MNNR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has been handled on 
the line for at least 2 years; and (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. MNNR also has certified that 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 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 be 
effective on August 13, 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) \3\ must be filed by July 25, 2011.\4\ Petitions 
to reopen must be filed by August 3, 2011, with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. 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 historic 
documentation is required here under 49 CFR 1105.6(c) and 49 CFR 
1105.8(b), respectively.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
MNNR's representative: Karl Morell, Ball Janik LLP, 655 Fifteenth 
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: July 11, 2011.

    By the Board.
 Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-17719 Filed 7-13-11; 8:45 am]
BILLING CODE 4915-01-P