82 FR 58045 - BNSF Railway Company-Abandonment Exemption-in Benton County, Minn.
SURFACE TRANSPORTATION BOARD Federal Register Volume 82, Issue 235 (December 8, 2017)
Federal Register Volume 82, Issue 235 (December 8, 2017)
| Page Range | 58045-58045 | |
| FR Document | 2017-26515 |
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)] [Notices] [Page 58045] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26515] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. AB 6 (Sub-No. 497X)] BNSF Railway Company--Abandonment Exemption--in Benton County, Minn. BNSF Railway Company (BNSF) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F-Exempt Abandonments to abandon a 1.75-mile line of railroad located between milepost 0.0 and milepost 1.75 in Benton County, Minn. (the Line).\1\ The Line traverses United States Postal Zip Code 56379. --------------------------------------------------------------------------- \1\ As originally filed, the verified notice indicated that the Line is in Stearns County, Minn. On December 4, 2017, BNSF filed a correction (including an updated map) indicating that the Line is located in Benton County, Minn., a short distance north and east of Stearns County. According to BNSF, its notice is correct in all other respects. --------------------------------------------------------------------------- BNSF has certified that: (1) No local or overhead freight rail traffic has traveled over the Line since July 2015; (2) no formal complaint filed by a user of a 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 is either pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (3) the requirements at 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.\2\ --------------------------------------------------------------------------- \2\ BNSF's December 4 correction indicates that the St. Cloud Times, where notice of the proposed abandonment was published, is a newspaper of general circulation in Benton County. BNSF also states that it will serve a copy of the Environmental Report on the Administrator for Benton County, Minn. --------------------------------------------------------------------------- As a condition to this exemption, any employee adversely affected by the abandonment 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) has been received, this exemption will be effective on January 9, 2018, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\3\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by December 18, 2017. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by December 28, 2017, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001.\5\ --------------------------------------------------------------------------- \3\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. 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. \4\ Each OFA must be accompanied by the filing fee, which is currently set at $1,800. See Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs.--2017 Update, EP 542 (Sub-No. 25), slip op. App. C at 20 (STB served July 28, 2017). \5\ BNSF states that the Line may be suitable for other public purposes and that there are 18.60 acres on the Line of which 0.02 acres are reversionary. --------------------------------------------------------------------------- A copy of any petition filed with the Board should be sent to Karl Morell, Karl Morell & Associates, 440 1st Street NW., Suite 440, Washington, DC 20001. If the verified notice contains false or misleading information, the exemption is void ab initio. BNSF has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by December 15, 2017. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (800) 877-8339. 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), BNSF 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 BNSF's filing of a notice of consummation by December 7, 2018, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: December 5, 2017. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2017-26515 Filed 12-7-17; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices 58045
Commission, and all written pending with the Surface BNSF has filed a combined
communications relating to the Transportation Board (Board) or with environmental and historic report that
proposed rule change between the any U.S. District Court or has been addresses the effects, if any, of the
Commission and any person, other than decided in favor of a complainant abandonment on the environment and
those that may be withheld from the within the two-year period; and (3) the historic resources. OEA will issue an
public in accordance with the requirements at 49 CFR 1105.11 environmental assessment (EA) by
provisions of 5 U.S.C. 552, will be (transmittal letter), 49 CFR 1105.12 December 15, 2017. Interested persons
available for Web site viewing and (newspaper publication), and 49 CFR may obtain a copy of the EA by writing
printing in the Commission’s Public 1152.50(d)(1) (notice to governmental to OEA (Room 1100, Surface
Reference Room, 100 F Street NE., agencies) have been met.2 Transportation Board, Washington, DC
Washington, DC 20549, on official As a condition to this exemption, any 20423–0001) or by calling OEA at (202)
business days between the hours of employee adversely affected by the 245–0305. Assistance for the hearing
10:00 a.m. and 3:00 p.m. Copies of the abandonment shall be protected under impaired is available through the
filing also will be available for Oregon Short Line Railroad— Federal Information Relay Service at
inspection and copying at the principal Abandonment Portion Goshen Branch (800) 877–8339. Comments on
office of the Exchange. All comments Between Firth & Ammon, in Bingham & environmental and historic preservation
received will be posted without change. Bonneville Counties, Idaho, 360 I.C.C. matters must be filed within 15 days
Persons submitting comments are 91 (1979). To address whether this after the EA becomes available to the
cautioned that we do not redact or edit condition adequately protects affected public.
personal identifying information from employees, a petition for partial Environmental, historic preservation,
comment submissions. You should revocation under 49 U.S.C. 10502(d) public use, or trail use/rail banking
submit only information that you wish must be filed. conditions will be imposed, where
to make available publicly. All Provided no formal expression of appropriate, in a subsequent decision.
submissions should refer to File intent to file an offer of financial Pursuant to the provisions of 49 CFR
Number SR–BX–2017–052 and should assistance (OFA) has been received, this 1152.29(e)(2), BNSF shall file a notice of
be submitted on or before December 29, exemption will be effective on January consummation with the Board to signify
2017. 9, 2018, unless stayed pending that it has exercised the authority
For the Commission, by the Division of reconsideration. Petitions to stay that do granted and fully abandoned the Line.
Trading and Markets, pursuant to delegated not involve environmental issues,3 If consummation has not been
authority.17 formal expressions of intent to file an effected by BNSF’s filing of a notice of
Eduardo A. Aleman, OFA under 49 CFR 1152.27(c)(2),4 and consummation by December 7, 2018,
Assistant Secretary. interim trail use/rail banking requests and there are no legal or regulatory
under 49 CFR 1152.29 must be filed by barriers to consummation, the authority
[FR Doc. 2017–26448 Filed 12–7–17; 8:45 am]
December 18, 2017. Petitions to reopen to abandon will automatically expire.
BILLING CODE 8011–01–P
or requests for public use conditions Board decisions and notices are
under 49 CFR 1152.28 must be filed by available on our Web site at
December 28, 2017, with the Surface WWW.STB.GOV.
SURFACE TRANSPORTATION BOARD Transportation Board, 395 E Street SW., Decided: December 5, 2017.
[Docket No. AB 6 (Sub-No. 497X)] Washington, DC 20423–0001.5 By the Board, Scott M. Zimmerman, Acting
A copy of any petition filed with the Director, Office of Proceedings.
BNSF Railway Company— Board should be sent to Karl Morell, Jeffrey Herzig,
Abandonment Exemption—in Benton Karl Morell & Associates, 440 1st Street Clearance Clerk.
County, Minn. NW., Suite 440, Washington, DC 20001.
[FR Doc. 2017–26515 Filed 12–7–17; 8:45 am]
If the verified notice contains false or
BNSF Railway Company (BNSF) has misleading information, the exemption BILLING CODE 4915–01–P
filed a verified notice of exemption is void ab initio.
under 49 CFR pt. 1152 subpart F–
Exempt Abandonments to abandon a 2 BNSF’s December 4 correction indicates that the DEPARTMENT OF TRANSPORTATION
1.75-mile line of railroad located St. Cloud Times, where notice of the proposed
between milepost 0.0 and milepost 1.75 abandonment was published, is a newspaper of Pipeline and Hazardous Materials
in Benton County, Minn. (the Line).1 general circulation in Benton County. BNSF also Safety Administration
states that it will serve a copy of the Environmental
The Line traverses United States Postal Report on the Administrator for Benton County, [Docket No. PHMSA–2017–0129]
Zip Code 56379. Minn.
BNSF has certified that: (1) No local 3 The Board will grant a stay if an informed
Pipeline Safety: Underground Natural
or overhead freight rail traffic has decision on environmental issues (whether raised Gas Storage Facility User Fee
by a party or by the Board’s Office of Environmental
traveled over the Line since July 2015; Analysis (OEA) in its independent investigation)
(2) no formal complaint filed by a user AGENCY: Pipeline and Hazardous
cannot be made before the exemption’s effective
of a rail service on the Line (or by a state date. See Exemption of Out-of-Serv. Rail Lines, 5 Materials Safety Administration
or local government entity acting on I.C.C.2d 377 (1989). Any request for a stay should (PHMSA), Department of Transportation
behalf of such user) regarding cessation be filed as soon as possible so that the Board may (DOT).
take appropriate action before the exemption’s
of service over the Line is either effective date. ACTION: Notice of agency action and
sradovich on DSK3GMQ082PROD with NOTICES
4 Each OFA must be accompanied by the filing request for comment.
17 17 CFR 200.30–3(a)(12). fee, which is currently set at $1,800. See
1 As originally filed, the verified notice indicated Regulations Governing Fees for Servs. Performed in SUMMARY: On August 16, 2017, the
that the Line is in Stearns County, Minn. On Connection with Licensing & Related Servs.—2017 Office of Management and Budget
December 4, 2017, BNSF filed a correction Update, EP 542 (Sub-No. 25), slip op. App. C at 20 approved the collection of calendar year
(including an updated map) indicating that the Line (STB served July 28, 2017).
is located in Benton County, Minn., a short distance 5 BNSF states that the Line may be suitable for (CY) 2017 Underground Natural Gas
north and east of Stearns County. According to other public purposes and that there are 18.60 acres Storage (UNGS) Facility Annual
BNSF, its notice is correct in all other respects. on the Line of which 0.02 acres are reversionary. Reports. This notice includes a PHMSA
VerDate Sep<11>2014 20:38 Dec 07, 2017 Jkt 244001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\08DEN1.SGM 08DEN1](https://thefederalregister.org/doc/82_FR_58280/page/1.svg)
Document Created: 2017-12-08 01:43:27
Document Modified: 2017-12-08 01:43:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 58045 |
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