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Duluth, Missabe and Iron Range Railway Company--Abandonment Exemption--in St. Louis County, MN

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[Federal Register: March 6, 2002 (Volume 67, Number 44)]
[Notices]
[Page 10254-10255]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr02-103]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-101 (Sub-No. 15X)]
 
Duluth, Missabe and Iron Range Railway Company--Abandonment 
Exemption--in St. Louis County, MN

    Duluth, Missabe and Iron Range Railway Company (DM&IR) has filed a 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments 
and Discontinuances to abandon and discontinue service over a 0.63-mile 
line of railroad known as the Virginia Branch, extending from milepost 
B5.5 to milepost B6.1, in St. Louis County, MN. The line traverses 
United States Postal Service Zip Code 55792.
    DM&IR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has been handled 
over the line for at least 2 years; (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 and 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

[[Page 10255]]

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 April 5, 2002, 
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 March 18, 2002. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by March 26, 2002 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 (SEA) 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: Thomas R. Ogoreuc, 135 Jamison Lane, 
Monroeville, PA 15146.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    DM&IR has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by March 11, 
2002. 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) 565-1552. [TDD for the hearing impaired is 
available 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), DM&IR shall 
file a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned its line. If 
consummation has not been effected by DM&IR's filing of a notice of 
consummation by March 6, 2003, 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''. Exit Disclaimer

    Decided: February 25, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-4928 Filed 3-5-02; 8:45 am]
BILLING CODE 4915-00-P

 
 

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