Soo Line Railroad CompanyAbandonment Exemptionin MacIntosh County, ND

[Federal Register Volume 64, Number 207 (Wednesday, October 27, 1999)]
[Notices]
[Page 57927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27778]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-57 (Sub-No. 49X)]


Soo Line Railroad Company--Abandonment Exemption--in MacIntosh 
County, ND

    Soo Line Railroad Company (Soo) has filed a notice of exemption 
under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon a 
19.0+/-mile portion of its line of railroad known as the Pollack Line 
between milepost 342.0+/-near Wishek and milepost 361.0+/-at the end of 
track near Ashley, in MacIntosh County, ND. The line traverses United 
States Postal Service Zip Codes 58495 and 58413.
    Soo has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (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 
26, 1999, unless stayed pending reconsideration. Petitions to stay that 
do not involve 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 8, 1999. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by November 16, 1999, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW, 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 $1000. 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: Diane P. Gerth, Esq., Leonard, Street and 
Deinard Professional Association, 150 South Fifth Street, Suite 2300, 
Minneapolis, MN 55402.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Soo has filed an environmental report which addresses the effects 
of the abandonment, if any, on the environment and historic resources. 
The Section of Environmental Analysis (SEA) will issue an environmental 
assessment (EA) by November 1, 1999. 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), Soo 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 Soo's filing of a notice of 
consummation by October 27, 2000, 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 website at 
``WWW.STB.DOT.GOV.''

    Decided: October 19, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-27778 Filed 10-26-99; 8:45 am]
BILLING CODE 4915-00-P