SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_1099_0_X

Case Title:  
SUNFLOUR RAILROAD INC.--ABANDONEMENT EXEMPTION-IN ROBERTS AND MARSHALL COUNTIES, S.D.

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT SUNFLOUR RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO ABANDON 8.1 MILS OR RAIL LINE BETWEEN MILEPOST 228.2 IN ROBERTS AND MARHALL COUNTIES, S.D.

    Decision Attachments

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    Full Text of Decision

40928

42476 SERVICE DATE – JUNE 28, 2012

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1099X]

Sunflour Railroad, Inc.—Abandonment Exemption—in Roberts and Marshall Counties, S.D.

Sunflour Railroad, Inc. (SRI), has filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments to abandon 8.1 miles of rail line between milepost 228.2 at the east property line of 454th Avenue, located approximately one mile west of Claire City, and milepost 236.3 located at the western terminus of the line at Washington Avenue in Veblen, in Roberts and Marshall Counties, S.D. The line traverses United States Postal Service Zip Codes 57224 and 57270.

SRI has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) no overhead traffic has moved 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 C.F.R.  1105.7(c) (environmental report), 49 C.F.R.  1105.11 (transmittal letter), 49 C.F.R.  1105.12 (newspaper publication), and 49 C.F.R.  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 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, this exemption will be effective on July 28, 2012, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,[1] formal expressions of intent to file an OFA under 49 C.F.R.  1152.27(c)(2),[2] and trail use/rail banking requests under 49 C.F.R.  1152.29 must be filed by July 9, 2012. Petitions to reopen or requests for public use conditions under 49 C.F.R.  1152.28 must be filed by July 18, 2012, with the Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001.

A copy of any petition filed with the Board should be sent to SRI’s representative: Thomas F. McFarland, 208 South LaSalle St., Suite 1890, Chicago, IL 60604.

If the verified notice contains false or misleading information, the exemption is void ab initio.

SRI has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by July 3, 2012. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (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 C.F.R.  1152.29(e)(2), SRI 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 SRI’s filing of a notice of consummation by June 28, 2013, 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.”

Decided: June 19, 2012.

By the Board, Richard Armstrong, Acting Director, Office of Proceedings.



[1] 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.

[2] Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 C.F.R.  1002.2(f)(25).