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05-23-2017City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 NA Telephone: (406) 758-7701 Fax: (406) 758-7758 MONTA 6 9 10 11 >� 243370 May 19, 2017 h� IN q� Ms. Cynthia Brown � RECEIVES Chief, Section of Administration C14 3 101 f ENTERED Surface Transportation Board MAY Cu Office of Proceedings Office of Proceedings May 23, 2017 395 E Street, S.W. 'fd Part of Washington, DC 20423-0001 z� << 01 6 e Public Record Re: BNSF Abandonment in City of Kalispell, Flathead County, Montana, Docket No. AB 6 (Sub -No. 495X) Dear Ms. Brown: This request is filed on behalf of the City of Kalisptll which is a local government, which is hereinafter referred to as `proponent'. While not taking a position on the merits of this abandonment, proponent requests issuance of a Public Use Condition as well as a Certificate or Notice of Interim Trail Use rather than an outright abandonment authorization between 1225.19 and 1226.79. A. Public Use Condition Proponent requests the STB to find that this property is suitable for other public use, specifically trail use, and to place the following conditions on the abandonment: 1. An order prohibiting the carrier from disposing of the corridor, other than the tracks, ties and signal equipment, except of public use on reasonable terms. The justification for this condition is that the corridor would make an excellent pedestrian and bike trail and conversion of the property to trail use is in accordance with local plans. The trail would serve the needs of the local citizens providing safe non -motorized travel route through the city and provide for safe recreational use as well. The time period sought is 180 days from the effective date of the abandonment authorization. Proponent needs this much time because the proponent and BNSF have not yet completed negotiations. 2. An order barring removal or destruction of potential trail -related structures such as bridges, trestles, culverts and tunnels. The justification for this cordition is that these structures have considerable value for recreational trail purposes. The time period requested is 180 days from the effective date of the abandonment authorization for the same reason as indicated above. B. Interim Trail Use The railroad right-of-way in this proceeding is suitable for railbanking. In addition to the public use conditions sought above, proponent also makes the following request: STATEMENT OF WILLINGNESS TO ASSUME FINANCIAL RESPONSIBILITY In order to establish interim trail use and rail banking under section 8(d) of the National Trails System Act, 16 U.S.C. § 1247(d), and 49 C.F.R. § 1152.29, the City of Kalispell is willing to assume full responsibility for management of, for any legal liability arising out of the transfer or use of (unless the user is immune from liability, in which case it need only indemnify the railroad against any potential liability), and for the payment of any and all taxes that may be levied or assessed against the right-of-way owned by BNSF Railway and operated by Mission Mountain Rail/WATCO. The property extends from railroad milepost 1225.19 near the US Highway 2 overpass bridge to railroad milepost 1226.79 at Meridian Street a distance of 1.6 miles in Flathead County, Montana. The right-of-way is part of a line of railroad proposed for abandonment in STB Docket No. AB-6 (Sub No. 495X). A map depicting the right-of-way is attached. The City of Kalispell acknowledges that use of the right-of-way is subject to the user's continuing to meet its responsibilities described above and subject to possible future reconstruction and reactivation of the right-of-way for rail service. By my signature below, I certify service upon BNSF Railway, 2650 Lou Menk Drive, Fort Worth, TX 76131-2830, by U.S. Mail, postage prepaid, first class, on May 19, 2017. Respectfully submitted, Doug Russell City Manager FILED May 23, 2017 SURFACE TRANSPORTATION BOARD FEE RECEIVED May 23, 2017 SURFACE TRANSPORTATION BOARD Cc: Karl Morell BNSF Railway ■L-. . i � � .•; J � ,+ • I � fit'' � - �-Aj4 " f'-++k�+l�--v..�+�.r y J • l0r �f R, ` R 1 .. .n l� } 1 liar, ..r +s •I I, 'I -* R l ♦f r ` im vim All L X ie 1 � + • t' .%r • u r t 1 1 1 ~�' 1+ rn � ";R.�ia"'37'+`p1 1# ��� � �i� - 'G � n.: 1 � � "" .1� f}; , � `. s. } '•� .���Y1 .1� ,t� t' ^•.° M. { ,1 � 1 `� , 1* -t, .f 5 k ,� 1�It t,'r t 1.. a� ~�'. •ws.��' ,''� 1�1 1��. 1 ,_1'tr , na 1 i .NrF ,! � y,, S.': 1 d e r- 1 Y`' .l �r • ,•, r .. �� ,1 • ` • 1 `� R `.,(. � � f d. rrx " a`0 r Irl' .r+JP4s• ,.fit E� y��,�` _11�_.# . ir• 7',1 �.,� .�[� 1s',r 1'� Y S. r f Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices 22603 from on or about March 4, 2018, until on or about June 3, 2018, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. For further information, including a list of the imported objects, contact the Office of Public Diplomacy and Public Affairs in the Office of the Legal Adviser, U.S. Department of State (telephone: 202--632-6471; email: section2459®state.gov). The mailing address is U.S. Department of State, L/PD, SA-5, Suite 51103, Washington, DC 20522-0505. Alyson Grander, Deputy Assistant SecretaryforPolicy, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2017-09834 Filed 5-15-17; 8:45 am] BILLING CODE 4710-05-P SURFACE TRANSPORTATION BOARD [Docket No. AB 6 (Sub -No. 495X)] BNSF Railway Company — Abandonment Exemption —in Flathead County, Montana On April 26, 2017, BNSF Railway Company (BNSF) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the prior approval requirements of 49 U.S.C. 10903 to abandon a 2.7-mile rail line extending from milepost 1225.19 to the south end of the line at milepost 1227.58 and to the west end of the line at Engineering Station 189+36 (milepost 1227.10) in Kalispell, Flathead County, Minn. (the Line). The Line traverses U.S. Postal Zip Code 55901. According to BNSF, the leaseholder and local rail service operator on the Line, Mission Mountain Railroad, L.L.C., will seek authority to discontinue its service over the Line. BNSF represents that the two customers on the Line, Northwest Drywall & Building Supply and CHS Inc., will be relocated and do not oppose the abandonment. BNSF states that the Line does not contain any federally granted rights -of - way. Any documentation in BNSF'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 Railroad — Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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 August 14, 2017. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) for continued rail service will be due by August 24, 2017, or 10 days after service of a decision granting the petition for exemption, whichever occurs first. Each OFA must be accompanied by a $1,700 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment, 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 interim trail use/ rail banking under 49 CFR 1152.29 will be due no later than June 5, 2017. Each interim trail use request must be accompanied by a $300 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to Docket No. AB 6 (Sub -No. 495X) and must be sent to: (1) Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001; and (2) Karl Morell, Karl Morell & Associates, 655 Fifteenth St. NW., Suite 225, Washington, DC 20005. Replies to the petition are due on or before June 5, 2017. 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 Office of Environmental Analysis (OEA) 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 OEA will be served upon all parties of record and upon any agencies of other persons who commented during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in 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 generally will be within 30 days of its service. Board decisions and notices are available on our Web site at "A7T".STB.GOV." Decided: May 11, 2017. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2017-09882 Filed 5-15-17; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2016-03131 Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: FMCSA announces its decision to exempt seven individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have "no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV." The exemptions enable these individuals who have had one or more seizures and are taking anti - seizure medication to operate CMVs in interstate commerce. DATES: The exemptions were effective on February 3, 2017. The exemptions will expire on February 3, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64- 224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:H www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov and/or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. 45827 FR 4915-01-P SERVICE DATE —MAY 16, 2017 �s(,�VvrEa MAy Z32017 a col 6 8 SURFACE TRANSPORTATION BOARD [Docket No. AB 6 (Sub -No. 495X)] BNSF Railway Company —Abandonment Exemption —in Flathead County, Montana On April 26, 2017, BNSF Railway Company (BNSF) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. § 10502 for exemption from the prior approval requirements of 49 U.S.C. § 10903 to abandon a 2.7-mile rail line extending from milepost 1225.19 to the south end of the line at milepost 1227.58 and to the west end of the line at Engineering Station 189+36 (milepost 1227.10) in Kalispell, Flathead County, Minn. (the Line). The Line traverses U.S. Postal Zip Code 55901. According to BNSF, the leaseholder and local rail service operator on the Line, Mission Mountain Railroad, L.L.C., will seek authority to discontinue its service over the Line. BNSF represents that the two customers on the Line, Northwest Drywall & Building Supply and CHS Inc., will be relocated and do not oppose the abandonment. BNSF states that the Line does not contain any federally granted rights -of -way. Any documentation in BNSF'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 Railroad —Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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 August 14, 2017. 1' M rz W Docket No. AB 6 (Sub -No. 495X) Any offer of financial assistance (OFA) under 49 C.F.R. § 1152.27(b)(2) for continued rail service will be due by August 24, 2017, or 10 days after service of a decision granting the petition for exemption, whichever occurs first. Each OFA must be accompanied by a $1,700 filing fee. See 49 C.F.R § 1002.2(f)(25). All interested persons should be aware that, following abandonment, the Line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 C.F.R § 1152.28 or for interim trail use/rail banking under 49 C.F.R § 1152.29 will be due no later than June 5, 2017. Each interim trail use request must be accompanied by a $300 filing fee. See 49 C.F.R § 1002.2(f)(27). All filings in response to this notice must refer to Docket No. AB 6 (Sub -No. 495X) and must be sent to: (1) Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001; and (2) Karl Morell, Karl Morell & Associates, 655 Fifteenth St., NW, Suite 225, Washington, DC 20005. Replies to the petition are due on or before June 5, 2017. 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 C.F.R. § part 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis (OEA) at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Infornnation Relay Service (FIRS) at 1-800-877-8339. 2 Docket No. AB 6 (Sub -No. 495X) An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA 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 OEA to obtain a copy of the EA (or EIS). EAs in 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 generally will be within 30 days of its service. Board decisions and notices are available on our website at "WWW.STB.GOV." Decided: May 11, 2017. By the Board, Rachel D. Campbell, Director, Office of Proceedings. 3