Notice2022-10014
Red River Valley & Western Railroad Company-Abandonment Exemption-Cass County, N.D.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 10, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 90 (Tuesday, May 10, 2022)</title>
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[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Notices]
[Pages 28097-28098]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10014]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 391 (Sub-No. 11X)]
Red River Valley & Western Railroad Company--Abandonment
Exemption--Cass County, N.D.
Red River Valley & Western Railroad Company (RRVW) has filed a
verified notice of exemption under 49 CFR part 1152 subpart F--
Exemption Abandonments to abandon an approximately 2.29-mile rail line
extending from milepost 9.36 to milepost 11.65 (at Horace, N.D.) in
Cass County, N.D. (the Line). The Line traverses U.S. Postal Service
Zip Code 58047.
RRVW has certified that: (1) No local traffic has moved over the
Line for at least two years; (2) there is no overhead traffic on the
Line that has been, or would need to be, rerouted as a result of the
proposed abandonment; (3) no formal complaint filed by a user of rail
service on the Line (or by state or local government on behalf of such
user) regarding cessation of service over the Line either is pending
with the Surface Transportation Board (Board) or has been decided in
favor of a complainant within the two-year period; and (4) the
requirements at 49 CFR 1105.7(b) and 1105.8(c) (notice of environmental
and historic reports), 49 CFR 1105.12 (newspaper publication), and 49
CFR 1152.50(d)(1) (notice to government agencies) have been met.
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,\1\ this exemption will be
effective on June 9, 2022, 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), and
interim trail use/rail banking requests under 49 CFR 1152.29 must be
filed by
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May 20, 2022.\3\ Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by May 31, 2022.
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\1\ Persons interested in submitting an OFA must first file a
formal expression of intent to file an offer, indicating the type of
financial assistance they wish to provide (i.e., subsidy or
purchase) and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\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\ Filing fees for OFAs and trail use requests can be found at
49 CFR 1002.2(f)(25) and (27), respectively.
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All pleadings, referring to Docket No. AB 391 (Sub-No. 11X), must
be filed with the Surface Transportation Board either via e-filing on
the Board's website or in writing addressed to 395 E Street SW,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on RRVW's representative, William A. Mullins, Baker & Miller
PLLC, 2401 Pennsylvania Avenue NW, Suite 300, Washington, DC 20037.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
RRVW has filed a combined environmental and historic report that
addresses the potential effects, if any, of the abandonment on the
environment and historic resources. OEA will issue a Draft
Environmental Assessment (Draft EA) by May 13, 2022. The Draft EA will
be available to interested persons on the Board's website, by writing
to OEA, or by calling OEA at (202) 245-0294. Assistance for the hearing
impaired is available through the Federal Relay Service at (800) 877-
8339. Comments on environmental or historic preservation matters must
be filed within 15 days after the Draft 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 May 10, 2023, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: May 4, 2022.
By the Board, Valerie O. Quinn, Acting Director, Office of
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2022-10014 Filed 5-9-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on May 10, 2022.
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