[Federal Register Volume 67, Number 237 (Tuesday, December 10, 2002)]
[Notices]
[Page 75896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30803]



[[Page 75896]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 399X)]


The Burlington Northern and Santa Fe Railway Company--Abandonment 
Exemption--in Jefferson County, NE

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
filed a verified notice of exemption under 49 CFR 1152 subpart F--
Exempt Abandonments to abandon a 10.8-mile line of railroad between 
milepost 127.83, near Reynolds, and milepost 117.03, near Endicott, in 
Jefferson County, NE (line). The line traverses United States Postal 
Service zip codes 68429, 68350, and 68352.
    Applicant has certified that: (1) No local traffic has moved over 
the line for the prior 2 years; (2) there is no overhead traffic to be 
rerouted; (3) no formal complaint filed by a user of rail service on 
the line (or by a state or local government agency acting on behalf of 
such user) regarding cessation of service over the line either is 
pending with the Surface Transportation Board (Board) or any U.S. 
District Court or has been decided in favor of complainant within the 
last two years; 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 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 January 9, 
2003, unless stayed pending reconsideration. Petitions to stay that do 
not involve environmental issues,\1\ formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by December 20, 2002. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by December 30, 2002, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \1\ 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.
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently 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, Esq., Freeborn & Peters, 311 
S. Wacker Drive, Suite 3000, Chicago, IL 60606-6677. If the verified 
notice contains false or misleading information, the exemption is void 
ab initio.
    Applicant has filed a separate environmental report which addresses 
the abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by December 
16, 2002. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) 
or by calling SEA, at (202) 565-1552. (Assistance for the hearing 
impaired is available through the Federal Information Relay Service 
(FIRS) 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 December 10, 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 website at http://www.stb.dot.gov.

    Decided: November 26, 2002.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-30803 Filed 12-9-02; 8:45 am]
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