[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Notices]
[Pages 6372-6373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2590]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-864X]


Hennepin County Regional Railroad Authority-Abandonment 
Exemption-in McLeod, Carver and Hennepin Counties, MN

    Hennepin County Regional Railroad Authority (HCRRA) has filed a 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon a 43.9+/-mile line of railroad, between milepost 24.6+/-near 
Wayzata and milepost 68.5+/-in Hutchinson, in McLeod, Carver and 
Hennepin Counties, MN. In its notice, HCRRA indicates that the right to 
conduct freight rail operations on the line is pursuant to a freight 
rail operations easement in its favor. HCRRA further indicates that the 
underlying property located in McLeod County is owned by McLeod County 
Regional Railroad Authority (MCRRA), in Carver County is owned by the 
Carver County Regional Railroad Authority (CCRRA), and in Hennepin 
County is owned by HCRRA, and that MCRRA, CCRRA and HCRRA are all 
political subdivisions of the State of Minnesota. HCRRA has filed this 
notice to terminate its common carrier obligation on the line and, upon 
the effective date of the proposed abandonment exemption, it has agreed 
to release the freight rail operations easement in its favor for that 
portion of the line located in Carver County to CCRRA, and for that 
portion of the line located in McLeod County to MCRRA, and HCRRA will 
retain its portion of the line located in Hennepin County, all for the 
purposes of preserving the line for future rail transportation use and 
other compatible transportation uses. The line traverses United States 
Postal Service Zip Codes 55323, 55350, 55354, 55356, 55360, 55361, 
55364, 55367, 55375, 55381, 55384, 55387, and 55391.
    HCRRA has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (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 March 11, 2004, 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 
February 20, 2004. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 1, 2004, with: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.\3\
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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 OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
    \3\ HCRRA has requested that the Board make certain 
determinations regarding the imposition of public use and trail use 
conditions here. The Board's Class Exemption process, which HCRRA 
has invoked, does not provide for such determinations in issuing a 
notice of exemption, and it is not clear that these determinations 
are necessary in this proceeding. While no one has made a proper 
filing for either a public use or trail use condition, should a 
party wish to proceed under the Board's public use or trail use 
procedures, such party should make the appropriate filings within 
the time frames set forth above, as provided in the Board's rules at 
49 CFR 1152.28 (Public use procedures) and at 49 CFR 1152.29 
(Prospective use of right-of-way for interim trail use and rail 
banking, respectively).
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    A copy of any petition filed with the Board should be sent to 
HCRRA's representative: Marilyn J. Maloney, Assistant County Attorney, 
2000A Government Center, Minneapolis, MN 55487.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    HCRRA 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 February 
13, 2004. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) 
or by calling SEA, at (202) 565-1539. [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

[[Page 6373]]

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), HCRRA 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 HCRRA's filing of a notice of 
consummation by February 10, 2005, 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: February 2, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-2590 Filed 2-9-04; 8:45 am]
BILLING CODE 4915-00-P