[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Notices]
[Page 31400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11618]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 393X)]


The Burlington Northern and Santa Fe Railway Company--Abandonment 
Exemption--in Nelson and Eddy Counties, ND

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
filed a notice of exemption under 49 CFR 1152 subpart F-Exempt 
Abandonments to abandon and discontinue service over a 6.00-mile line 
of railroad between milepost 92.00 in Tolna and milepost 98.00 in 
Hamar, in Nelson and Eddy Counties, ND. The line traverses United 
States Postal Service Zip Code 58380.
    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (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 
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 this exemption, any employee adversely affected 
by the abandonment and discontinuance 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 June 8, 2002,\1\ unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
May 20, 2002. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by May 29, 2002, with: Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423.
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    \1\ While applicant initially indicated a proposed consummation 
date of June 5, 2002, and because applicant did not include the 
required filing fee, a new filing date was entered on April 19, 
2002, when the Board received the correct filing fee. However, 
consummation may not occur prior to June 8, 2002 (50 days after the 
April 19, 2002 filing date of the verified notice). Applicant's 
representative has subsequently confirmed that consummation cannot 
occur before June 8, 2002.
    \2\ 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 (SEA) 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.
    \3\ Each offer of financial assistance must be accompanied by 
the filing fee, which as of April 8, 2002, is set at $1,100. See 49 
CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Michael Smith, Freeborn & Peters, 311 S. 
Wacker Dr., Suite 3000, Chicago, IL 60606-6677.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF 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 May 14, 2002. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1552. [TDD for the hearing impaired is available at 1-800-877-
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 CFR 1152.29(e)(2), BNSF 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 BNSF's filing of a notice of 
consummation by May 9, 2003, 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 Web site at 
``www.stb.dot.gov.''


    Decided: May 1, 2002.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-11618 Filed 5-8-02; 8:45 am]
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