[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Page 18630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06538]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 6 (Sub-No. 501X)]


BNSF Railway Company--Abandonment Exemption--in Contra Costa 
County, Cal.

    BNSF Railway Company (BNSF) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon approximately 0.79 miles of rail line known as Line Segment 
7258 between approximately milepost 1190.9 and approximately milepost 
1191.69 in Contra Costa County, Cal. (the Line). The Line traverses 
U.S. Postal Service Zip Code 94801.
    BNSF has certified that: (1) no local traffic has moved over the 
Line for at least two years; (2) there is no overhead traffic on the 
Line; (3) no formal complaint filed by a user of rail service on the 
Line (or by state or local government on behalf of such user) regarding 
cessation of service over the Line either is pending with the Surface 
Transportation Board (Board) or has been decided in favor of a 
complainant within the two-year period; and (4) the requirements at 49 
CFR 1105.7(b) and 1105.8(c) (notice of environmental and historic 
reports), 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to government agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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,\1\ this exemption will be 
effective on April 28, 2023, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues \2\ must be 
filed by April 7, 2023. Formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2) and interim trail use/rail banking requests 
under 49 CFR 1152.29 must be filed by April 10, 2023.\3\ Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by April 18, 2023.
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    \1\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
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    All pleadings, referring to Docket No. AB 6 (Sub-No. 501X), must be 
filed with the Surface Transportation Board either via e-filing on the 
Board's website or in writing addressed to 395 E Street SW, Washington, 
DC 20423-0001. In addition, a copy of each pleading must be served on 
BNSF's representative, Peter W. Denton, Steptoe & Johnson LLP, 1330 
Connecticut Ave. NW, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF has filed a combined environmental and historic report that 
addresses the potential effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue a Draft 
Environmental Assessment (Draft EA) by April 3, 2023. The Draft EA will 
be available to interested persons on the Board's website, by writing 
to OEA, or by calling OEA at (202) 245-0294. If you require an 
accommodation under the Americans with Disabilities Act, please call 
(202) 245-0245. Comments on environmental or historic preservation 
matters must be filed within 15 days after the Draft 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 March 29, 2024, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: March 24, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-06538 Filed 3-28-23; 8:45 am]
BILLING CODE 4915-01-P