[Federal Register: July 14, 2006 (Volume 71, Number 135)]
[Notices]
[Page 40190-40191]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy06-158]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-6 (Sub-No. 439X)]
BNSF Railway Company--Abandonment Exemption--in Bottineau County,
ND
BNSF Railway Company (BNSF) has filed a notice of exemption under
49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon
approximately 11.90 miles of rail line, extending from milepost 40.10,
near Bottineau, to milepost 52.00, near Souris, in Bottineau County,
ND. The line traverses United States Postal Service Zip Codes 58783 and
58318.
BNSF has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic on the line
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 Surface Transportation 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
reports), 49 CFR 1105.8 (historic reports), 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 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 be
effective on August 15, 2006, 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
July 24, 2006. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by August 3, 2006, with
the 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 was
increased to $1,300 effective on April 19, 2006. See Regulations
Governing Fees for Services Performed in Connection with Licensing
and Related Services--2006 Update, STB Ex Parte No. 542 (Sub-No. 13)
(STB served Mar. 20, 2006).
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A copy of any petition filed with the Board should be sent to
BNSF's representative: Sidney L. Strickland, Jr., Sidney Strickland and
Associates, PLLC, 3050 K Street, NW., Suite 101, Washington, DC 20007.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
BNSF has filed a combined environmental and historic report which
addresses the effects, if any, of the abandonment on the environment
and historic resources. SEA will issue an environmental assessment (EA)
by July 21, 2006. 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.
[[Page 40191]]
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 July 14, 2007, 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: July 7, 2006.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-11030 Filed 7-13-06; 8:45 am]
BILLING CODE 4915-01-P