[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Notices]
[Pages 17350-17351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9679]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Docket No. AB-6 (Sub-No. 376X)]


Burlington Northern Railroad Company--Abandonment Exemption--in 
Saline County, NE

    Burlington Northern Railroad Company (BN) filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
22.91 miles of its line of railroad between milepost 0.33 near DeWitt 
and milepost 23.26 near Tobias, including the stations of Swanton at 
milepost 8.3, and Western at milepost 15.6 in Saline County, NE.2
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    \1\  The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to the 
Board's jurisdiction pursuant to 49 U.S.C. 10903.
    \2\  BN has proposed a consummation date for the abandonment 
that is four months from the date of filing of its verified notice. 
This proposed consummation date is based on BN's reading of 49 
U.S.C. 10904. The first sentence of 10904(c) provides, ``Within 4 
months after an application is filed under section 10903, any person 
may offer to subsidize or purchase the railroad line that is the 
subject of such application.''
    The Board recently addressed this provision in proposing revised 
abandonment regulations to implement 49 U.S.C. 10903-04, as 
established by the ICC Termination Act. In Abandonment and 
Discontinuance of Rail Lines and Rail Transportation Under 49 U.S.C. 
10903, STB Ex Parte No. 537 (STB served Mar. 15, 1996) slip op. at 
10 [61 FR 11174, 11176 (Mar. 19, 1996)], the Board said, ``We see 
the 4-month statutory deadline as an outer limit, which does not 
require us to delay resolution of proceedings where the entire time 
is not needed.''
    Based on the Board's statement, the exemption in this proceeding 
will be scheduled to become effective on May 21, 1996, or 50 days 
after BN's filing of its verified notice of exemption. This is 
consistent with the existing rules at 49 CFR 1152.50. Offers of 
financial assistance will be due according to deadlines established 
in this notice. Potential offerors will not have until 4 months 
after the notice was filed by BN with the Board to make an offer of 
financial assistance.
    While the exemption is scheduled to take effect on May 21, 1996, 
BN may of course delay consummation until a later date.
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    BN has certified that: (1) no local traffic has moved over the line 
for at least 2 years; (2) there is no overhead traffic to be rerouted 
from 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 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 use of 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 May 21, 1996, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,3 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 
1152.29 5 must be filed by April 29, 1996. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by May 9, 1996, with: Office of the Secretary, Case Control Branch, 
Surface Transportation Board, 1201 Constitution Avenue, N.W., 
Washington, DC 20423.
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    \3\ 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 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.
    \4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \5\ The Board will accept late-filed trail use requests so long 
as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Sarah J. Whitley, General

[[Page 17351]]

Attorney, Burlington Northern Railroad Company, 3800 Continental Plaza, 
777 Main Street, Fort Worth, TX 76102-5384.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BN has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by April 24, 1996. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 3219, Surface 
Transportation Board, Washington, DC 20423) or by calling Elaine 
Kaiser, Chief of SEA, at (202) 927-6248. 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.

    Decided: April 12, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-9679 Filed 4-18-96; 8:45 am]
BILLING CODE 4915-00-P