[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Notices]
[Page 43274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17275]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35750]


Ramsey County Regional Railroad Authority--Acquisition 
Exemption--Right to Restore Rail Service Over a Railbanked Right-of-Way 
in Ramsey County, Minn.

    Ramsey County Regional Railroad Authority (RCRRA), a noncarrier 
political subdivision of the State of Minnesota, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from the City of 
Maplewood, Minn. (the City), the right to restore rail service over a 
rail banked right-of-way, a distance of .67 miles, extending between 
milepost 7.19, approximately 100 feet north of Interstate Highway I-694 
in White Bear Township, and milepost 6.52, approximately 50 feet north 
of Beam Avenue in the City (the line), in Ramsey County, Minn.
    In a related prior transaction, BNSF Railway Company (BNSF) filed a 
verified notice of exemption to abandon the line,\1\ and the Board 
issued a Notice of Interim Trail Use or Abandonment (NITU) under 
section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d), and 
49 CFR 1152.29 to permit the City to negotiate with BNSF to acquire the 
line for use as a trail (rail banking/interim trail use).\2\ On October 
28, 2005, the parties filed, in the abandonment docket, a notice that a 
rail banking/interim trail use agreement had been reached.\3\ By 
quitclaim deed dated September 26, 2005, BNSF conveyed the line to the 
City along with BNSF's right to restore service over the right-of-way. 
The City obtained Board authority to acquire the right to restore rail 
service in 2010.\4\ The City stated that it or an operator contracted 
by the City would operate over the line if service were restored.
---------------------------------------------------------------------------

    \1\ BNSF Railway--Aban. Exemption--in Ramsey Cnty., Minn., AB 6 
(Sub.-No. 429X) (STB served Aug. 10, 2005).
    \2\ BNSF Railway--Aban. Exemption--in Ramsey Cnty., Minn., AB 6 
(Sub.-No. 429X) (STB served Sept. 8, 2005).
    \3\ See Notice of Interim Trail Use Agreement, BNSF Railway--
Aban. Exemption--in Ramsey Cnty., Minn., AB 6 (Sub.-No. 429X) (filed 
Oct. 28, 2005).
    \4\ City of Maplewood, Minn.--Aquis. Exemption--Right to Restore 
Rail Serv. Over a Railbanked Right-of-Way in Ramsey Cnty., Minn., FD 
35450 (STB served Dec. 23, 2010).
---------------------------------------------------------------------------

    The City and RCRRA now seek to convey the right to restore rail 
service over the right-of-way from the City to RCRRA.\5\ The parties 
state that an agreement between RCRRA and the City has been reached for 
RCRRA's acquisition of the City's right to restore rail service over 
the right-of-way. RCRRA or an operator contracted by RCRRA would 
operate the rail line if rail service were to be restored.
---------------------------------------------------------------------------

    \5\ RCRRA and the City have also filed a petition to substitute 
trail user, pursuant to which RCRRA seeks to become the trail 
sponsor of the line. BNSF Railway--Aban. Exemption--in Ramsey Cnty., 
Minn., AB 6 (Sub.-No. 429X) (filed July 3, 2013).
---------------------------------------------------------------------------

    The transaction is expected to be consummated on or after August 2, 
2013 (30 days after the exemption was filed).
    RCRRA certifies that its projected annual revenues from the 
acquisition involved in this proceeding do not exceed $5 million or 
exceed those that would qualify it as a Class III carrier.
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) may be filed at any time. The filing of a petition to 
revoke will not automatically stay the effectiveness of the exemption. 
Petitions to stay must be filed no later than July 26, 2013 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35750, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Thomas F. McFarland, Thomas F. McFarland, 
P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604-1112.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: July 12, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-17275 Filed 7-18-13; 8:45 am]
BILLING CODE 4915-01-P