[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Pages 26602-26603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10814]



Surface Transportation Board

[Docket No. AB 6 (Sub-No. 481X)]

BNSF Railway Company--Abandonment Exemption--in Walsh and Pembina 
Counties, ND

    BNSF Railway Company (BNSF) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to 
abandon 18.12 miles of rail line located between milepost 42.08 at 
Grafton and milepost 60.20 at Glasston in Walsh and Pembina Counties, 
ND The line traverses United States Postal Service Zip Codes 58236, 
58237, and 58276, and includes the stations of Auburn, St. Thomas, and 
    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has been handled on 
the line for at least 2 years; (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

[[Page 26603]]

is pending with the Surface Transportation Board (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(c) 
(environmental 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 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, this exemption will be 
effective on June 5, 2012, 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 
May 14, 2012. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by May 24, 2012, with the Surface 
Transportation Board, 395 E Street SW., Washington, DC 20423-0001.

    \1\ 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 
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).

    A copy of any petition filed with the Board should be sent to 
BNSF's representative: Karl Morell, Ball Janik LLP, Suite 225, 655 
Fifteenth Street NW., Washington, DC 20005.
    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 effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by May 11, 2012. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service 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 
    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 May 4, 2013, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
    Board decisions and notices are available on our Web site at 

    Decided: April 30, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-10814 Filed 5-3-12; 8:45 am]