[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Notices]
[Pages 30784-30785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10803]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 882 (Sub-No. 4X)]
Minnesota Commercial Railway Company--Discontinuance of Trackage
Rights Exemption--in Anoka, Hennepin, Ramsey, and Washington Counties,
Minn.
Minnesota Commercial Railway Company (MNNR) has filed a verified
notice of exemption under 49 CFR part 1152 subpart F--Exempt
Abandonments and Discontinuances of Service to discontinue trackage
rights over approximately 36.1 miles of contiguous railroad lines,
extending generally from BNSF Railway Company's (BNSF) Northtown Yard
in Minneapolis, Minn., to Bayport, Minn. (the Line).\1\ The Line
consists of: (1) A line segment approximately 11.1 miles in length
owned by BNSF extending from milepost 12.5 at Northtown Yard (on BNSF's
Staples Subdivision) to milepost 1.4 at Westminster Junction, Minn. (on
BNSF's Midway Subdivision); (2) a line segment approximately 3.5 miles
in length owned by BNSF extending from milepost 11.4 at University (on
BNSF's Staples Subdivision) to milepost 7.9 at Park Junction, Minn. (on
BNSF's St. Paul Subdivision); \2\ and (3) a line segment approximately
21.5 miles in length owned by Union Pacific Railroad Company (UP)
extending from BNSF milepost 1.4 (Midway Subdivision)/UP milepost 1.0
(on UP's Altoona Subdivision) at Westminster Junction to milepost 2.5
at Bayport (on UP's Stillwater Industrial Lead). The Line traverses
U.S. Postal Service Zip Codes 55003, 55042, 55082, 55101, 55103, 55104,
55106, 55108, 55114, 55117, 55119, 55128, 55130, 55413, 55414, 55418,
55421, and 55455.
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\1\ These trackage rights were acquired by MNNR as part of a
larger bundle of trackage rights from Burlington Northern Railroad
Company, for which MNNR obtained authority in 1990. Minn. Commercial
Ry.--Trackage Rights Exemption--Burlington N. R.R., FD 31603 (ICC
served Feb. 26, 1990). In 2005, MNNR obtained authority to
discontinue trackage rights over one of the line segments for which
it had acquired trackage rights. Minn. Commercial Ry.--
Discontinuance of Trackage Rights Exemption--in Wash. Cty., Minn, AB
882 (Sub-No. 2X) (STB served Dec. 13, 2005).
\2\ MNNR states that a discrepancy in the milepost description
for this segment appears to have existed since its original filings
in Docket No. FD 31603. See also Minnesota Commercial Railway, FD
31603, slip op. at 1 (describing trackage rights between ``Northtown
Yard (milepost 12.5) and Park Junction (milepost 7.9), approximately
4.6 miles'').
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MNNR has certified that: (1) It has handled no local traffic over
the Line for at least two years; (2) it has handled no overhead traffic
over the Line for at least two years (and thus there is none to be
rerouted over other lines); (3) no formal complaint by a user of MNNR
rail service on the Line (or by a state or local government entity
acting on behalf of such user) regarding cessation of service on the
Line is pending either with the Surface Transportation Board (Board) or
with any U.S. District Court or has been decided in favor of such
complainant within the two-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.
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) \3\ to subsidize continued rail service has
been received, this exemption will be effective on June 19, 2020,
unless stayed pending reconsideration. Petitions to stay that do not
involve environmental issues must be filed by May 29, 2020, and formal
expressions of intent to file an OFA to subsidize continued rail
service under 49 CFR 1152.27(c)(2) \4\ must be filed by June 1,
2020.\5\ Petitions
[[Page 30785]]
to reopen must be filed by June 9, 2020, with the Surface
Transportation Board, 395 E Street SW, Washington, DC 20423-0001.
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\3\ Persons interested in submitting an OFA to subsidize
continued rail service must first file a formal expression of intent
to file an offer, indicating the intent to file an OFA for subsidy
and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\4\ The filing fee for OFAs can be found at 49 CFR
1002.2(f)(25).
\5\ Because this is a discontinuance proceeding and not an
abandonment, interim trail use/rail banking and public use
conditions are not appropriate. Because there will be an
environmental review during abandonment, this discontinuance does
not require an environmental review.
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A copy of any petition filed with the Board should be sent to
MNNR's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Board decisions and notices are available at www.stb.gov.
Decided: May 14, 2020.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2020-10803 Filed 5-19-20; 8:45 am]
BILLING CODE 4915-01-P