[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24896-24897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12099]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35164; STB Docket No. AB-6 (Sub-No. 430X)]


BNSF Railway Company-Petition for Declaratory Order; BNSF Railway 
Company--Abandonment Exemption--in Oklahoma County, OK

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of board action.

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SUMMARY: The Surface Transportation Board (Board) hereby gives notice 
that, on its own motion, it granted BNSF Railway Company (BNSF) 
exemptions under 49 U.S.C. 10502 from the provisions of 49 U.S.C. 10903 
(filing and procedure for application to abandon or discontinue 
service), 49 U.S.C. 10904 (offers of financial assistance to avoid 
abandonment and discontinuance), and 49 U.S.C. 10905 (offering 
abandoned rail properties for sale for public purposes) for a segment 
of track on the Chickasha Line in Oklahoma City, OK, between milepost 
541.69 and milepost 540.15 (the middle segment). The Board took this 
action in a decision served earlier in which it also found that a BNSF 
eastern segment project was a relocation that did not require prior 
agency authorization.

FOR FURTHER INFORMATION CONTACT: Joseph Dettmar, (202) 245-0395. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at: (800) 877-8339.]

SUPPLEMENTARY INFORMATION: By petition filed on July 15, 2008, BNSF 
asked the Board to issue a declaratory order finding that what it 
characterized as two track relocation projects in Oklahoma City, OK did 
not require Board approval.
    The Board granted the requested declaratory relief as to the 
eastern segment. On the middle segment, Board concluded that the 
evidence before it in the two related dockets had provided ample 
support for authorizing abandonment of that segment. The evidence 
indicates that: the three

[[Page 24897]]

existing shippers on adjoining segments will continue to receive local 
service; all overhead service can be rerouted; no one has requested 
local service on the middle segment in over 10 years; and there is no 
indication of any need for service on the middle segment in the future. 
Finally, because any traffic that might need to move over the middle 
segment could move over a refurbished BNSF Line (the Packingtown Lead), 
the public convenience and necessity does not require BNSF to keep the 
middle segment in the national rail system. Accordingly, the Board on 
its own motion granted BNSF an exemption from the provisions of 49 
U.S.C. 10903 for the middle segment.
    In seeking a declaratory order, BNSF also asked the Board for an 
expedited decision so that the relocation project to facilitate the 
construction of the I-40 highway could go forward. The Board, on its 
own motion, exempted the abandonment of the middle segment from the 
statutory offer of financial assistance (OFA) program so that the 
highway project may proceed and because applying the OFA provisions 
under 49 U.S.C. 10904 is not necessary to carry out the rail 
transportation policy.
    Lastly, the Board granted an exemption on its own motion from the 
public use provisions under 49 U.S.C. 10905. BNSF has already agreed to 
make the right-of-way available to Oklahoma Department of 
Transportation (ODOT) for public use, i.e., the construction of I-40. 
Therefore, the purpose sought to be achieved by section 10905--to 
provide an opportunity to public bodies to negotiate for the 
acquisition of abandoned rail properties--has already been fulfilled by 
the agreement reached between BNSF and ODOT.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: May 19, 2009.

    By the Board, Acting Chairman Mulvey, and Vice Chairman 
Nottingham.
Andrea Pope-Matheson,
Clearance Clerk.
 [FR Doc. E9-12099 Filed 5-22-09; 8:45 am]
BILLING CODE 4915-01-P