The Burlington Northern and Santa Fe Railway CompanyAbandonment Exemptionin Barnes County, ND

[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Notices]
[Pages 56016-56017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26834]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-6 (Sub-No. 386X)]


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

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
filed a verified notice of exemption under 49 CFR 1152 subpart F--
Exempt Abandonments to abandon its line of railroad between BNSF 
milepost 69.05 and BNSF milepost 61.19, near Valley City, in Barnes 
County, ND, a total distance of 7.86 miles (line). The line

[[Page 56017]]

traverses United States Postal Service Zip Code 58072.
    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (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 (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 November 
14, 1999, 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 October 
25, 1999. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by November 4, 1999, with the 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 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 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 offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. 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: Sarah Whitley Bailiff, Esq., The Burlington 
Northern and Santa Fe Railway Company, 2500 Lou Menk Drive, Fort Worth, 
TX 76131-2828. 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. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by October 20, 1999. 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) 565-1545. 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 15, 2000, 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 website at 
``WWW.STB.DOT.GOV.''

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

    Decided: October 6, 1999.
Vernon A. Williams,
Secretary.
[FR Doc. 99-26834 Filed 10-14-99; 8:45 am]
BILLING CODE 4915-00-P