[Federal Register Volume 78, Number 41 (Friday, March 1, 2013)]
[Notices]
[Pages 13932-13933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04793]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 991 (Sub-No. 1X)]
Yellowstone Valley Railroad, L.L.C.--Discontinuance of Lease and
Trackage Rights Operations Exemption--In Richland, Sheridan, Roosevelt,
and Daniels Counties, Mont., and McKenzie County, ND
On February 11, 2013, Yellowstone Valley Railroad, L.L.C. (YVRR)
\1\ filed with the Surface Transportation Board (Board) a petition
under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C.
10903, to discontinue YVRR's lease operations over two lines owned by
BNSF Railway Company (BNSF) between: (1) Milepost 43.0, in Crane,
Mont., and milepost 78.6, near Snowden, Mont.; and (2) milepost 0.93,
near Bainville, Mont., and milepost 100.3, near Scobey, Mont.
Additionally, YVRR seeks to discontinue its overhead trackage rights on
two other BNSF lines between: (1) Milepost 78.6, on the BNSF Sidney
Subdivision near Snowden, and milepost 0.93, on the BSNF Scobey
Subdivision, near Bainville; and (2)
[[Page 13933]]
milepost 6.0, near Glendive, Mont., and milepost 0.0, at Glendive.\2\
The lines traverse U.S. Postal Service Zip Codes 59212, 59217, 59221,
59222, 59226, 59330, 59242, 59247, 59254, 59257, 59258, 59263, and
59270.
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\1\ According to YVRR, its name was formerly Yellowstone Valley
Railroad, Inc. See Watco Holdings--Corp. Family Transaction, FD
35439 (STB served Nov. 4, 2010).
\2\ YVRR acquired the lease over the lines and the overhead
trackage rights in 2005. See Yellowstone Valley R.R.--Lease and
Operation Exemption--BNSF Ry., FD 34737 (STB served Sept. 1, 2005).
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In 2011, YVRR received authority to discontinue service between
milepost 6.0, near Glendive, and milepost 43.0, at Crane.\3\ For that
reason, YVRR states that it no longer needs the overhead trackage
rights south of milepost 6.0. Accordingly, YVRR seeks authority to
discontinue those rights between milepost 6.0, near Glendive, and
milepost 0.0, at Glendive.
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\3\ See Yellowstone Valley R.R.--Discontinuance of Service
Exemption--In Dawson and Richland Cntys., Mont., AB 991X (STB served
June 28, 2011).
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YVRR seeks to discontinue operations over the leased lines so that
BNSF can once again resume operations over those lines. Once service is
discontinued over the leased lines, YVRR states that it will no longer
have any need for the overhead trackage rights between milepost 78.6,
on the BNSF Sidney Subdivision near Snowden, and milepost 0.93, on the
BNSF Scobey Subdivision, near Bainville. After the requested
discontinuance is granted, YVRR will continue to operate as a common
carrier performing transload and terminal switching operations on
tracks it owns in Dore, ND \4\
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\4\ YVRR asserts that it constructed these tracks as team tracks
while leasing the lines from BNSF and that it did not need Board
authority for this project under 49 U.S.C. 10906.
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The interest of railroad employees will be protected by the
conditions set forth in 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 May 31, 2013.\5\
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\5\ YVRR asks the Board to act expeditiously. The carrier fears
that it will soon start to lose employees as a result of this
discontinuance filing, which in turn will impair its ability to
provide service.
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Because this is a discontinuance and not an abandonment, trail use/
rail banking and public use conditions are not appropriate. Similarly,
no environmental or historic documentation is required under 49 CFR
1105.6(c)(2) and 1105.8(b).
Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2)
to subsidize continued rail service will be due no later than 10 days
after service of a decision granting the petition for exemption. Each
OFA must be accompanied by the filing fee, which is currently set at
$1,600. See 49 CFR 1002.2(f)(25).
All filings in response to this notice must refer to Docket No. AB
991 (Sub-No. 1X) and must be sent to: (1) Surface Transportation Board,
395 E Street SW., Washington, DC 20423-0001; and (2) Karl Morell, 655
Fifteenth Street NW., Suite 225, Washington, DC 20005. Replies to the
petition are due on or before March 21, 2013.
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 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 Information
Relay Service (FIRS) at 1-800-877-8339.]
Board decisions and notices are available on our Web site at
www.stb.dot.gov.
Decided: February 26, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-04793 Filed 2-28-13; 8:45 am]
BILLING CODE 4915-01-P