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###### Department of Transportation

###### Surface Transportation Board

          - [STB Docket No. AB-497 (Sub-No. 5X)]

On October 5, 2009, Minnesota Northern Railroad, Inc. (MNN), filed with the Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a 20.035-mile portion of its Warroad Subdivision between milepost 83.6, located approximately 300 feet west of Roseau County Road 124 (11th Ave., SE.) in Roseau, and milepost 103.635, at the end of the line at Warroad, in Roseau County, MN. The line traverses United States Postal Service Zip Codes 56751, 56756, and 56763.

The line does not contain federally granted rights-of-way. Any documentation in MNN's possession will be made available promptly to those requesting it.

                    The interest of railroad employees will be protected by the conditions set forth in                     *Oregon Short Line R. Co.—Abandonment—Goshen,*                     360 I.C.C. 91 (1979).                

By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by January 22, 2010.

                    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,500 filing fee.                     *See*49 CFR 1002.2(f)(25).                

                    All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than November 12, 2009. Each trail use request must be accompanied by a $250 filing fee.                     *See*49 CFR 1002.2(f)(27).[1] 

All filings in response to this notice must refer to STB Docket No. AB-497 (Sub-No. 5X), and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) Thomas F. McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 60604-1194. Replies to the petition are due on or before November 12, 2009.

Persons seeking further information concerning abandonment procedures may contact the Board's Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Section of Environmental Analysis (SEA) at (202) 245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.]

An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by SEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service.

                    Board decisions and notices are available on our Web site at                     *http://www.stb.dot.gov.*

Decided: October 20, 2009.

By the Board, Rachel D. Campbell, Director, Office of Proceedings.

Kulunie L. Cannon,

Clearance Clerk.

# Footnotes

1.                             Effective June 4, 2009, the filing fee for a request for a trail use condition increased to $250.                         *See Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services—2009 Update,*                         STB Ex Parte No. 542 (Sub-No. 16) (STB served May 4, 2009).                    
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[FR Doc. E9-25516 Filed 10-22-09; 8:45 am]

BILLING CODE 4915-01-P