[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Notices]
[Page 40137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19652]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-6 (Sub-No. 378X)]


Burlington Northern Railroad Company--Abandonment Exemption--in 
Grays Harbor County, WA

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

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SUMMARY: Under 49 U.S.C. 10502, the Board exempts from the requirements 
of 49 U.S.C. 10903 the abandonment by Burlington Northern Railroad 
Company 1 of a 1.18-mile line of railroad referred to as the 
South Aberdeen trackage between mileposts 1.82 and 3.00 in South 
Aberdeen, WA, subject to environmental conditions and standard labor 
protective conditions.

    \1\ On December 31, 1996, The Atchison, Topeka and Santa Fe 
Railway Company merged with and into Burlington Northern Railroad 
Company. The name of the surviving corporation is The Burlington 
Northern and Santa Fe Railway Company. Because the petition for 
exemption was filed and the record was largely developed before the 
merger, we will continue to use Burlington Northern Railroad Company 
in the case title.
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DATES: The exemption will be effective August 24, 1997 unless stayed or 
a statement of intent to file an offer of financial assistance (OFA) is 
filed. Statements of intent to file an OFA under 49 CFR 1152.27 
2 and requests for interim trail use/rail banking under 49 
CFR 1152.29 3 must be filed by August 4, 1997; petitions to 
stay must be filed by August 11, 1997; petitions to reopen must be 
filed by August 19, 1997.

    \2\ See Exempt. Of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987), for regulations in effect at the time of filing 
of the exemption petition. We note that the ICC Termination Act of 
1995 has made changes and additions to the previous law regarding 
the processing of abandonments and OFAs. To implement these changes, 
we have issued final rules in Abandonment and Discontinuance of Rail 
Lines and Rail Transportation Under 49 U.S.C. 10903, STB Ex Parte 
No. 537 (STB served Dec. 24, 1996) (effective on January 23, 1997), 
modified, STB served June 27, 1997 (to be effective July 27, 1997). 
Because we have processed the exemption petition under the former 
regulations, we will continue to use those regulations in this 
proceeding to process an OFA, if one is filed.
    \3\ At the request of the City of Aberdeen, WA, a notice of 
interim trail use (NITU) will be issued under 49 CFR 1152.29. Also, 
a public use condition will be imposed on the transaction under 49 
CFR 1152.28.
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ADDRESSES: An original and 10 copies of all pleadings referring to STB 
Docket No. AB-6 (Sub-No. 378X) must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., Washington, DC 20423-0001. In addition, a copy of all 
pleadings must be served on petitioner's representative: Sarah J. 
Whitley, 3800 Continental Plaza, 777 Main Street, Fort Worth, TX 76102-
5384.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. 
[TDD for the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To purchase a copy of the full decision, write to, 
call, or pick up in person from: DC NEWS & DATA, INC., 1925 K St., 
N.W., Room 210, Washington, DC 20006. Telephone: (202) 289-4357. 
[Assistance for the hearing impaired is available through TDD services 
(202) 565-1695.]

    Decided: July 15, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 97-19652 Filed 7-24-97; 8:45 am]
BILLING CODE 4915-00-P