Federal Register, Volume 69 Issue 204 (Friday, October 22, 2004)

[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Page 62117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-23369]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 418X)]


The Burlington Northern and Santa Fe Railway Company--Abandonment 
Exemption--in Grand Forks County, ND

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt 
Abandonments to abandon a 6.50-mile line of railroad between BNSF 
milepost 0.00 near Hannah Junction and milepost 6.50 near McCanna, in 
Grand Forks County, ND. The line traverses United States Postal Service 
Zip Code 58251.
    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic to 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 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 employees 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 
become effective November 23, 2004, unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues,\1\ formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\2\ and trail use/rail banking requests under 49 CFR 
1152.29 must be filed by November 1, 2004. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by November 12, 2004, with: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001.
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    \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 $1,100, but is scheduled to increase to $1,200, 
effective October 31, 2004. See Regulations Governing Fees for 
Services performed in connection with Licensing and Related 
Services--2004 Update, STB Ex Parte No. 542 (Sub-No. 11) (STB served 
Oct. 1, 2004). See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Michael Smith, Freeborn & Peters, 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 report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by October 
29, 2004. 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 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 October 22, 2005, 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: October 12, 2004.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-23369 Filed 10-21-04; 8:45 am]
BILLING CODE 4915-01-P