[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2445-2446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-632]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 6 (Sub-No. 473X)]
BNSF Railway Company--Abandonment Exemption--in Rolette and
Towner Counties, ND
BNSF Railway Company (BNSF), filed a verified notice of exemption
under 49 C.F.R. pt. 1152 subpart F--Exempt Abandonments to abandon
17.75 miles of rail line between milepost 30.00, north of Bisbee and
milepost 47.75 at Rolla, in Rolette and Towner Counties, N.D.\1\ The
line traverses United States Postal Service Zip Codes 58317, 58363, and
58367.
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\1\ On December 23, 2010, the Rollo Job Development Authority
(RJDA) filed a letter in opposition. While the Board will not delay
service and publication of this notice based on that letter alone,
RJDA has a number of post-publication/service options available to
it, as set forth in this notice, should it choose to pursue the
matter further.
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BNSF has certified that: (1) No local traffic has moved over the
line for at least 2 years; \2\ (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 a state or local
[[Page 2446]]
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 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.
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\2\ BNSF states that the line was embargoed on March 29, 2007
due to soft track conditions and sub-grade issues and the subsequent
destruction by fire of two bridges.
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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 February 11, 2011, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\3\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
January 24, 2011. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by February 1, 2011, with
the Surface Transportation Board, 395 E Street, SW., Washington, DC
20423-0001.
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\3\ 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.
\4\ Each OFA must be accompanied by the filing fee, which is
currently set at $1,500. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
BNSF's representative: Karl Morell, 1455 F St., NW., Suite 225,
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 which
addresses the effects, if any, of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by January 14, 2011. 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 (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 January 12, 2012, 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
``WWW.STB.DOT.GOV.''
Decided: January 10, 2011.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-632 Filed 1-12-11; 8:45 am]
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