[Federal Register Volume 68, Number 107 (Wednesday, June 4, 2003)]
[Notices]
[Page 33576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13538]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 404X)]


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

    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 an approximately 9.28-mile line of railroad 
between BNSF milepost 87.02, near Blue Hill, and milepost 96.30, near 
Bladen, in Webster County, NE. The line traverses United States Postal 
Service Zip Codes 68928 and 68930.
    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 1105.50(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 July 4, 
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 June 16, 2003. Petitions 
to reopen or requests for public use conditions under 49 CFR 1152. 28 
must be filed by June 24, 2003, with: 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 OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1102.2(f)(25).
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    A copy of any petition filed with the Board should be sent to the 
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. SEA will issue an environmental assessment (EA) by June 9, 
2003. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 500, Surface Transportation Board, Washington, D.C. 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 June 4, 2004, 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 http://www.stb.dot.gov.

    Decided: May 22, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A Williams,
Secretary.
[FR Doc. 03-13538 Filed 6-3-03; 8:45 am]
BILLING CODE 4915-00-P