[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Notices]
[Pages 74108-74109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23959]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 434X)]


BNSF Railway Company--Abandonment Exemption--in Fergus County, MT

    BNSF Railway Company (BNSF) has filed a notice of exemption under 
49 CFR part 1152 subpart F--Exempt Abandonments to abandon a line of 
railroad between milepost 9.50 near Moore, MT, and milepost 28.35 near 
Lewiston, MT, the 1.30-mile Berg Lumber Spur (milepost 0.00-milepost 
1.30), and the Heath Spur (milepost 0.00-milepost 1.10), a total 
distance of 21.25 miles in Fergus County, MT. The line traverses United 
States Postal Service Zip Codes 59457 and 59464.
    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 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 report), 49 CFR 1105.8 (historic report), 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 13, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 U.S.C. 1152.27(c)(2),\2\ 
and trail use/rail banking requests under 49 CFR 1152.29 \3\ must be 
filed by December 27, 2005. Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by January 3, 2006, 
with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \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 $1,200. See 49 CFR 1002.2(f)(25).
    \3\ Each trail use request must be accompanied by the filing 
fee, which currently is set at $200. See 49 CFR 1002.2(f)(27).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
BNSF's representative: Michael Smith, 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 and historic report which addresses 
the abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by December 
19, 2005. 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) 565-1539. [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

[[Page 74109]]

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 14, 2006, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    On December 1, 2005, the Board of Commissioners of Fergus County, 
MT (Fergus County), filed an objection to the notice. Fergus County 
raises a number of concerns about the proposed abandonment, but 
provides no basis for the Board to reject the notice. However, should 
the County desire to seek a stay of the effectiveness of the exemption, 
it may do so, keeping in mind the deadline set forth in this notice. 
Also a petition to revoke the exemption under 49 U.S.C. 10502(d) after 
its effectiveness may be filed at any time.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 6, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-23959 Filed 12-13-05; 8:45 am]
BILLING CODE 4915-01-P