[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Notices]
[Pages 44435-44436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20752]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 468X)]


BNSF Railway Company--Abandonment Exemption--in Kootenai County, 
ID

    On August 10, 2009, BNSF Railway Company (BNSF) filed with the 
Board a petition under 49 U.S.C. 10502 for exemption from the 
provisions of 49 U.S.C. 10903 to abandon a 6.23-mile rail line between 
milepost 6.10, near Post Falls, and milepost 12.33, at Coeur d'Alene, 
in Kootenai County, ID.\1\ The line traverses United States Postal 
Service Zip Codes 83814 and 83854 and includes the stations of Post 
Falls and Coeur d'Alene.\2\
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    \1\ In its environmental and historic reports, BNSF erroneously 
stated that the end of the line was milepost 12.34; BNSF now 
indicates that the portion of the line between milepost 12.33 and 
12.34 has already been abandoned.
    \2\ The line contains federally granted rights-of-way. Any 
documentation in BNSF's possession will be made available promptly 
to those requesting it.
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    In addition to an exemption from 49 U.S.C. 10903, BNSF seeks 
exemption from the offer of financial assistance (OFA) and the public 
use provisions at 49 U.S.C. 10904 and 49 U.S.C. 10905, respectively. In 
support, BNSF contends that an exemption from these provisions is 
necessary to permit conveyance of the line so that it can be developed 
as part of the Coeur D'Alene Education Corridor. BNSF states that it 
has received a firm offer to purchase the portion of the line between 
milepost 8.66 and milepost 12.33 for development of this corridor, and 
that the Bureau of Land Management (BLM) has reached a tentative 
agreement with the City of Coeur D'Alene to exchange the federally 
granted right-of-way on the line for other land in the area that is 
more suitable to BLM's use. The portion of the line between milepost 
6.10 and milepost 8.66 will be reclassified as industry track and used 
for storage of surplus rail cars. These additional exemption requests 
will be addressed in the final decision.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by November 27, 2009.
    Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 10 
days after service of a decision granting the petition for exemption, 
unless the Board grants the requested exemption from the OFA process. 
Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 
1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Unless the Board grants 
the requested exemption from the public use provisions, any request for 
a public use condition under 49 CFR 1152.28 or for trail use/rail 
banking under 49 CFR 1152.29 will be due no later than

[[Page 44436]]

September 17, 2009. Each trail use request must be accompanied by a 
$200 filing fee. See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-6 (Sub-No. 468X), and must be sent to: (1) Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) Kristy 
Clark, BNSF Railway Company, 2500 Lou Menk Drive, Fort Worth, TX 76131. 
Replies to the petition are due on or before September 17, 2009.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment or discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Section of Environmental Analysis (SEA) at (202) 245-0305. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: August 24, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-20752 Filed 8-27-09; 8:45 am]
BILLING CODE 4915-01-P