Minnesota Commercial Railway Company-Discontinuance of Service Exemption-in Washington County, MN 1, 41559 [2011-17719]

Download as PDF Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices wreier-aviles on DSKGBLS3C1PROD with NOTICES 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 July 25, 2011. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by August 3, 2011, 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 BNSF’s representative: Courtney Biery Estes, General Attorney, BNSF Railway Company, 2500 Lou Menk Drive, AOB– 3, Fort Worth, TX 76131. If the verified notice contains false or misleading information, the exemption is void ab initio. BNSF has filed environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by July 19, 2011. 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 (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), 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 July 14, 2012, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. 2 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. 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 Mar<15>2010 14:55 Jul 13, 2011 Jkt 223001 Board decisions and notices are available on our Web site at HTTP:// WWW.STB.DOT.GOV. Decided: July 11, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011–17713 Filed 7–13–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 882 (Sub–No. 3X)] Minnesota Commercial Railway Company—Discontinuance of Service Exemption—in Washington County, MN 1 Minnesota Commercial Railway Company (MNNR) filed a verified notice of exemption under 49 CFR Part 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over a 0.51-mile line of railroad owned by BNSF Railway Company (BNSF) between milepost 15.59 and milepost 16.10 at Hugo, in Washington County, MN. The line traverses United States Postal Service Zip Code 55038.2 MNNR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has been handled on the line for at least 2 years; and (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. MNNR also has certified that the requirements at 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 discontinuance of service shall be protected under Oregon Short Line 1 This transaction is related to a concurrently filed verified notice of exemption filed in Docket No. AB 6 (Sub–No. 474X), BNSF Railway Company—Abandonment Exemption—in Washington County, MN, in which BNSF seeks an exemption under 49 CFR Part 1152 subpart F to abandon the same 0.51-mile line. 2 MNNR was authorized to lease and operate the line in Minnesota Commercial Railway Company— Lease & Operation Exemption—Burlington Northern Santa Fe Railway Co., FD 33577 (STB served Apr. 10, 1998). PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 41559 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 August 13, 2011, 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) 3 must be filed by July 25, 2011.4 Petitions to reopen must be filed by August 3, 2011, 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 MNNR’s representative: Karl Morell, Ball Janik LLP, 655 Fifteenth Street, NW., Suite 225, Washington, DC 20005. 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 HTTP:// WWW.STB.DOT.GOV. Decided: July 11, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011–17719 Filed 7–13–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Debt Management Advisory Committee Meeting Notice is hereby given, pursuant to 5 U.S.C. App. 2, § 10(a)(2), that a meeting will be held at the Hay-Adams Hotel, 16th Street and Pennsylvania Avenue, NW.,Washington, DC, on August 2, 2011 at 9:30 a.m. of the following debt management advisory committee: Treasury Borrowing Advisory Committee of The Securities Industry and Financial Markets Association. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). 4 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historic documentation is required here under 49 CFR 1105.6(c) and 49 CFR 1105.8(b), respectively. E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Page 41559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17719]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 882 (Sub-No. 3X)]


Minnesota Commercial Railway Company--Discontinuance of Service 
Exemption--in Washington County, MN \1\
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    \1\ This transaction is related to a concurrently filed verified 
notice of exemption filed in Docket No. AB 6 (Sub-No. 474X), BNSF 
Railway Company--Abandonment Exemption--in Washington County, MN, in 
which BNSF seeks an exemption under 49 CFR Part 1152 subpart F to 
abandon the same 0.51-mile line.
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    Minnesota Commercial Railway Company (MNNR) filed a verified notice 
of exemption under 49 CFR Part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 0.51-mile line 
of railroad owned by BNSF Railway Company (BNSF) between milepost 15.59 
and milepost 16.10 at Hugo, in Washington County, MN. The line 
traverses United States Postal Service Zip Code 55038.\2\
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    \2\ MNNR was authorized to lease and operate the line in 
Minnesota Commercial Railway Company--Lease & Operation Exemption--
Burlington Northern Santa Fe Railway Co., FD 33577 (STB served Apr. 
10, 1998).
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    MNNR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has been handled on 
the line for at least 2 years; and (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. MNNR also has certified that the 
requirements at 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 discontinuance of service 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 August 13, 2011, 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) \3\ must be filed by July 25, 2011.\4\ Petitions 
to reopen must be filed by August 3, 2011, with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historic 
documentation is required here under 49 CFR 1105.6(c) and 49 CFR 
1105.8(b), respectively.
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    A copy of any petition filed with the Board should be sent to 
MNNR's representative: Karl Morell, Ball Janik LLP, 655 Fifteenth 
Street, NW., Suite 225, Washington, DC 20005.
    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 HTTP://WWW.STB.DOT.GOV.

    Decided: July 11, 2011.

    By the Board.
 Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-17719 Filed 7-13-11; 8:45 am]
BILLING CODE 4915-01-P