[Federal Register Volume 85, Number 77 (Tuesday, April 21, 2020)]
[Notices]
[Page 22234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08411]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1009 (Sub-No. 2X)]


Mission Mountain Railroad, L.L.C.--Discontinuance of Service 
Exemption--in Flathead County, Mont.

    On April 1, 2020, Mission Mountain Railroad, L.L.C. (MMT), filed a 
petition under 49 U.S.C. 10502 for exemption from the prior approval 
requirements of 49 U.S.C. 10903 to discontinue its operations over 
approximately 13.33 miles of rail line, extending from milepost 1211.86 
at the interchange with the BNSF Railway Company (BNSF) at Columbia 
Falls to milepost 1225.19 at Kalispell, all in Flathead County, Mont. 
(the Line). The Line traverses U.S. Postal Service Zip Codes 59901 and 
59912.
    According to MMT, it provides service on the Line pursuant to a 
lease agreement with BNSF, the owner of the Line. MMT explains that the 
lease agreement was due to terminate on March 31, 2020, and that MMT 
and BNSF have agreed that BNSF will assume direct operation of its line 
in place of MMT as of April 1, 2020. MMT states that the proposed 
discontinuance will allow MMT to formally end its common carrier 
obligations over the Line. In addition, MMT states that no customer on 
the Line will be left without common carrier service as a consequence 
of the proposed discontinuance.
    MMT states that it believes the Line does not contain any federally 
granted rights-of-way. MMT also states that any documentation in its 
possession will be made available to those requesting it.
    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).
    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 July 20, 2020.
    Because this is a discontinuance proceeding and not an abandonment 
proceeding, interim trail use/rail banking and public use conditions 
are not appropriate. Because there will be environmental review during 
any subsequent abandonment, this discontinuance does not require an 
environmental review. See 49 CFR 1105.6(c)(5), 1105.8(b).
    Any offer of financial assistance (OFA) for subsidy under 49 CFR 
1152.27(b)(2) will be due no later than 120 days after the filing of 
the petition for exemption, or 10 days after service of a decision 
granting the petition for exemption, whichever occurs sooner.\1\ 
Persons interested in submitting an OFA must first file a formal 
expression of intent to file an offer by May 1, 2020, indicating the 
intent to file an OFA for subsidy and demonstrating that they are 
preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i).
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    \1\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
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    All filings in response to this notice must refer to Docket No. AB 
1009 (Sub-No. 2X) and must be filed with the Surface Transportation 
Board either via e-filing or in writing addressed to 395 E Street SW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on MMT's representative, Bradon J. Smith, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 800, Chicago, IL 60606-2832. Replies to 
this petition are due on or before May 11, 2020.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 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 Office of Environmental Analysis at (202) 245-0305. Assistance 
for the hearing impaired is available through the Federal Relay Service 
at (800) 877-8339.
    Board decisions and notices are available at www.stb.gov.

    Decided: April 15, 2020.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2020-08411 Filed 4-20-20; 8:45 am]
 BILLING CODE 4915-01-P