[Federal Register Volume 67, Number 101 (Friday, May 24, 2002)]
[Notices]
[Pages 36667-36668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12819]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-598X]


BHP Nevada Railroad Company--Discontinuance of Service Exemption-
-in Elko and White Pine Counties, NV

    BHP Nevada Railroad Company (BHP Nevada) filed a notice of 
exemption under 49 CFR part 1152 Subpart F-Exempt Abandonments and 
Discontinuances to discontinue service over 146 miles of railroad 
between milepost 0.0 in Cobre and milepost 146.1 in Keystone, in Elko 
and White Pine Counties, NV. The line traverses United States Postal 
Service Zip Codes 89835, 89301, 89315 and 89318.
    BHP Nevada certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (3) no 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 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 25, 2002, unless stayed pending reconsideration. 
Petitions to stay and formal expressions of intent to file an OFA under 
49 CFR 1152.27(c)(2) \1\ must be filed by June 3, 2002.\2\ Petitions to 
reopen\3\ must be filed by June 13, 2002, with: Surface Transportation 
Board, Case Control Unit, 1925 K Street, NW., Washington, DC 20423.
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    \1\ Each offer of financial assistance must be accompanied by 
the filing fee, which, as of April 8, 2002, is currently set at 
$1,100. See 49 CFR 1002.2(f)(25).
    \2\ While applicant initially indicated a proposed consummation 
date of June 22, 2002, and because applicant failed to publish 
notice in the newspaper as required, and a new filing date of May 6, 
2002, was entered when proof of publication was received. Because 
the verified notice was not complete until May 6, 2002, and hence 
was not deemed filed until then, the earliest possible date for 
consummation is 50 days from May 6, 2002 (June 25, 2002). 
Applicant's representative has confirmed that the correction 
consummation date is on or after June 25, 2002.
    \3\ Because this is a discontinuance proceeding and abandonment 
is not proposed, trail use/rail banking or public use conditions are 
not appropriate. Likewise, no environmental or historic 
documentation is required because the circumstances here are similar 
to those for which exceptions are provided under 49 CFR 1105.6(c)(6) 
and 1105.8.
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    A copy of any petition filed with the Board should be sent to 
applicants' representative: Edward D. Greenberg, Galland, Kharasch, 
Greenberg, Fellman & Swirsky, P.C., Canal Square, 1054 Thirty-First 
Street, NW., Suite 200, Washington, DC 20007.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: May 15, 2002.


[[Page 36668]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-12819 Filed 5-23-02; 8:45 am]
BILLING CODE 4915-00-P