Northern Plains Railroad, Inc.-Discontinuance of Service Exemption-in Bottineau, Rolette, and Towner Counties, ND, 68657-68658 [E9-30576]

Download as PDF Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Notices erowe on DSK5CLS3C1PROD with NOTICES United States Postal Service Zip Codes 75248, 75252 and 75080. Applicants have 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 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 report), 49 CFR 1105.8 (historic report), 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 these exemptions, 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, these exemptions will be effective on January 27, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 7, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 19, 2010, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to applicants’ representatives: For RRROW, Edward J. rights over the line. Although RRROW believes that UP does not retain any trackage rights over the line as a result of the aforementioned 1999 transaction with DGNO, UP is joining this transaction out of an abundance of caution to discontinue any trackage rights that UP may continue to have over the line. 2 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 (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-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. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). VerDate Nov<24>2008 11:00 Dec 24, 2009 Jkt 220001 Fishman, K&L Gates LLP, 1601 K Street, NW., Washington, DC 20006; for DGNO, Scott Williams, Senior V.P. and General Counsel, RailAmerica, 7411 Fullerton Street, Suite 300, Jacksonville, FL 32256; and for UP, Mack H. Shumate, Jr., Senior General Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemptions are void ab initio. Applicants have filed a combined environmental and historic report that addresses the effects, if any, of the abandonment and discontinuances on the environment and historic resources. SEA will issue an environmental assessment (EA) by December 31, 2009. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling SEA, at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339. 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), RRROW 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 affected by RRROW’s filing of a notice of consummation by December 28, 2010, 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.dot.gov. Decided: December 22, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–30609 Filed 12–24–09; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 68657 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–1054 (Sub-No. 1X)] Northern Plains Railroad, Inc.— Discontinuance of Service Exemption—in Bottineau, Rolette, and Towner Counties, ND Northern Plains Railroad, Inc. (NPR),1 has filed a verified notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over 60.5 miles of a line of railroad owned by Soo Line Railroad Company d/b/a Canadian Pacific Railway (Soo) between milepost 474.5, in Bisbee, Towner County, ND, and milepost 535.0, in Kramer, Bottineau County, ND.2 The line traverses United States Postal Service Zip Codes 58748, 58318, 58384, 58366, 58310, and 58317. NPR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic to 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 of 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.3 As a condition to these exemptions, any employee adversely affected by the service discontinuance 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 1 NPR was authorized to lease and operate the line in Northern Plains Railroad, Inc.—Lease and Operation Exemption—Certain Lines of Soo Line Railroad Company d/b/a Canadian Pacific Railway, STB Finance Docket No. 33324 (STB served Jan. 9, 1997). 2 Soo was authorized to abandon the line in Soo Line Railroad Company d/b/a Canadian Pacific Railway Company—Abandonment Exemption—in Bottineau, Rolette, and Towner Counties, ND, STB Docket No. AB–57 (Sub-No. 56X) (STB served Sept. 5, 2008). 3 Because this is a discontinuance of service proceeding and not an abandonment, the proceeding is exempt from the requirements of 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), and 49 CFR 1105.11 (transmittal letter). E:\FR\FM\28DEN1.SGM 28DEN1 68658 Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Notices assistance (OFA) has been received, this exemption will be effective on January 27, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA for continued rail service under 49 CFR 1152.27(c)(2),4 must be filed by January 7, 2010.5 Petitions to reopen must be filed by January 19, 2010, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to applicant’s representative: Jeremy M. Berman, Fletcher & Sippel LLC, 29 N. Wacker Drive, Suite 920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: December 18, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–30576 Filed 12–24–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–1054X] Northern Plains Railroad, Inc.— Discontinuance of Service Exemption—in Ramsey and Benson Counties, ND erowe on DSK5CLS3C1PROD with NOTICES Northern Plains Railroad, Inc. (NPR),1 has filed a verified notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over 26.24 miles of a line of railroad owned by Soo Line Railroad Company d/b/a Canadian Pacific Railway (Soo) between milepost 446.0, in Devils Lake, Ramsey County, ND, and milepost 472.24, in Harlow, Benson County, ND.2 The line 4 Each OFA must be accompanied by the filing fee, which currently is set at $1,500. See 49 CFR 1002.2(f)(25). 5 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. 1 NPR was authorized to lease and operate the line in Northern Plains Railroad, Inc.—Lease and Operation Exemption—Certain Lines of Soo Line Railroad Company d/b/a Canadian Pacific Railway, STB Finance Docket No. 33324 (STB served Jan. 9, 1997). 2 Soo was authorized to abandon 28.35+/miles of rail line (approximately 2 miles longer than the line leased by NPR) in Soo Line Railroad Company— Abandonment Exemption—in Ramsey and Benson VerDate Nov<24>2008 11:00 Dec 24, 2009 Jkt 220001 traverses United States Postal Service Zip Codes 58301, 58362, 58325, 58351, and 58346. NPR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic to 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 of 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.3 As a condition to these exemptions, any employee adversely affected by the service discontinuance 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 January 27, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA for continued rail service under 49 CFR 1152.27(c)(2),4 must be filed by January 7, 2010.5 Petitions to reopen must be filed by January 19, 2010, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to applicant’s representative: Jeremy M. Berman, Fletcher & Sippel LLC, 29 N. Wacker Drive, Suite 920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Counties, ND, STB Docket No. AB–57 (Sub-No. 54X) (STB served Oct. 22, 2004). 3 Because this is a discontinuance of service proceeding and not an abandonment, the proceeding is exempt from the requirements of 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), and 49 CFR 1105.11 (transmittal letter). 4 Each OFA must be accompanied by the filing fee, which currently is set at $1,500. See 49 CFR 1002.2(f)(25). 5 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 Decided: December 18, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–30574 Filed 12–24–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in Texas AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA and Other Federal Agencies. SUMMARY: This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to various proposed highway projects in the State of Texas. Those actions grant licenses, permits and approvals for the projects. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on any of the listed highway projects will be barred unless the claim is filed on or before June 28, 2010. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Salvador Deocampo, District Engineer, Texas Division, FHWA, J.J. Pickle Federal Building 300 East 8th Street, Room 826, Austin, Texas 78701; phone number 512–536–5950; e-mail: salvador.deocampo@fhwa.dot.gov. FHWA Texas Division normal business hours are 8 a.m. to 5 p.m. (central time) Monday through Friday. You may also contact Ms. Dianna Noble, P.E., Director Environmental Affairs Division, Texas Department of Transportation (TxDOT), 118 E. Riverside, Austin, Texas, 78704; phone number 512–416–2734; e-mail: dnoble@dot.state.tx.us. Texas Department of Transportation normal business hours are 8 a.m. to 5 p.m. (central time) Monday through Friday. SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing licenses, permits, and approvals for the highway projects in the State of Texas that are listed below. The actions by the Federal agencies on the project, and the laws under which E:\FR\FM\28DEN1.SGM 28DEN1

Agencies

[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Notices]
[Pages 68657-68658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30576]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1054 (Sub-No. 1X)]


Northern Plains Railroad, Inc.--Discontinuance of Service 
Exemption--in Bottineau, Rolette, and Towner Counties, ND

    Northern Plains Railroad, Inc. (NPR),\1\ has filed a verified 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments 
and Discontinuances of Service to discontinue service over 60.5 miles 
of a line of railroad owned by Soo Line Railroad Company d/b/a Canadian 
Pacific Railway (Soo) between milepost 474.5, in Bisbee, Towner County, 
ND, and milepost 535.0, in Kramer, Bottineau County, ND.\2\ The line 
traverses United States Postal Service Zip Codes 58748, 58318, 58384, 
58366, 58310, and 58317.
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    \1\ NPR was authorized to lease and operate the line in Northern 
Plains Railroad, Inc.--Lease and Operation Exemption--Certain Lines 
of Soo Line Railroad Company d/b/a Canadian Pacific Railway, STB 
Finance Docket No. 33324 (STB served Jan. 9, 1997).
    \2\ Soo was authorized to abandon the line in Soo Line Railroad 
Company d/b/a Canadian Pacific Railway Company--Abandonment 
Exemption--in Bottineau, Rolette, and Towner Counties, ND, STB 
Docket No. AB-57 (Sub-No. 56X) (STB served Sept. 5, 2008).
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    NPR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic to 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 of 49 
CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.\3\
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    \3\ Because this is a discontinuance of service proceeding and 
not an abandonment, the proceeding is exempt from the requirements 
of 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic 
reports), and 49 CFR 1105.11 (transmittal letter).
---------------------------------------------------------------------------

    As a condition to these exemptions, any employee adversely affected 
by the service discontinuance 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

[[Page 68658]]

assistance (OFA) has been received, this exemption will be effective on 
January 27, 2010, unless stayed pending reconsideration. Petitions to 
stay that do not involve environmental issues and formal expressions of 
intent to file an OFA for continued rail service under 49 CFR 
1152.27(c)(2),\4\ must be filed by January 7, 2010.\5\ Petitions to 
reopen must be filed by January 19, 2010, with: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
    \5\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: Jeremy M. Berman, Fletcher & Sippel LLC, 29 
N. Wacker Drive, Suite 920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: December 18, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-30576 Filed 12-24-09; 8:45 am]
BILLING CODE 4915-01-P