[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Notices]
[Pages 20010-20011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7535]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 452X)]


BNSF Railway Company--Abandonment Exemption--in Clinton and 
Marion Counties, IL

    BNSF Railway Company (BNSF) has filed a notice of exemption under 
49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 
1.05 miles of rail line, extending between milepost 13.97 and milepost 
15.02, near Centralia, in Clinton and Marion Counties, IL.\1\ The line 
traverses United States Postal Service Zip Code 62801.
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    \1\ In a letter filed on April 5, 2007, BNSF clarifies that its 
use of MN in the headings of the notice is a clerical error, and 
that MN should be replaced with IL in the headings, as is consistent 
with the use of IL or Illinois in the text of the notice and 
newspaper publication.
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    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 will be 
rerouted; (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 
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 May 22, 2007, 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 
April 30, 2007. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by May 10, 2007, with: 
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001.
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    \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 OFA must be accompanied by the filing fee, which is 
currently set at $1,300. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
BNSF's representative: Sidney L. Strickland, Jr., Sidney Strickland and 
Associates, PLLC, 3050 K Street, NW., Suite 101, Washington, DC 20007.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF has filed a combined environmental and historic report which 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by April 27, 2007. Interested persons may obtain a copy of the EA by 
writing to

[[Page 20011]]

SEA (Room 1100, Surface Transportation Board, Washington, DC 20423-
0001) or by calling SEA, at (202) 245-0305. [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 April 20, 2008, 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: April 9, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-7535 Filed 4-19-07; 8:45 am]
BILLING CODE 4915-01-P