[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Notices]
[Pages 28097-28098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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

[[Page 28098]]

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 www.stb.gov.

    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