Federal Register, Volume 62 Issue 209 (Wednesday, October 29, 1997)

[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Notices]
[Pages 56235-56236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28634]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-391 (Sub-No. 3X)]


Red River Valley & Western Railroad Company--Abandonment 
Exemption--in Benson County, ND

    Red River Valley & Western Railroad Company (RRVW) has filed a 
notice of exemption under 49 CFR part 1152 Subpart F--Exempt 
Abandonments to abandon an approximately 11.94-mile line of railroad 
from approximately milepost 16.56, approximately one mile west of state 
highway 30, near Maddock to approximately milepost 28.5 near Esmond, in 
Benson County, ND. The line traverses United States Postal Service Zip 
Code 58332.
    RRVW has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic moving over 
the line; (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 (Board) or with any U.S. 
District Court or has been decided in favor of complainant within the 
2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental 
reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal 
letter), 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 abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 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 November 
28, 1997, unless stayed pending reconsideration. Petitions to stay that 
do not involve

[[Page 56236]]

environmental issues,¹ formal expressions of intent to file 
an OFA under 49 CFR 1152.27(c)(2),² and trail use/rail 
banking requests under 49 CFR 1152.29 must be filed by November 10, 
1997. Petitions to reopen or requests for public use conditions under 
49 CFR 1152.28 must be filed by November 18, 1997, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., Washington, DC 20423.
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    \1\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis in its independent investigation) 
cannot be made before the exemption's effective date. See Exemption 
of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for 
a stay should be filed as soon as possible so that the Board may 
take appropriate action before the exemption's effective date.
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $900. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Jo A. DeRoche, Esq., Weiner, Brodsky, 
Sidman & Kider, P.C., 1350 New York Avenue., N.W., Suite 800, 
Washington, DC 20005-4797.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    RRVW has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by Novenber 3, 1997. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1545. Comments on environmental and historic preservation matters 
must be filed within 15 days after the EA becomes available to the 
public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), RRVW shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by RRVW's filing of a notice of 
consummation by October 29, 1998, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: October 21, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-28634 Filed 10-28-97; 8:45 am]
BILLING CODE 4915-00-P