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The Burlington Northern and Santa Fe Railway Company--Abandonment Exemption--in Flathead County, MT

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[Federal Register: March 21, 2002 (Volume 67, Number 55)]
[Notices]
[Page 13209-13210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr02-96]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-6 (Sub-No. 392X]
 
The Burlington Northern and Santa Fe Railway Company--Abandonment 
Exemption--in Flathead County, MT

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
filed a verified notice of exemption under 49 CFR Part 1152 Subpart F--
Exempt Abandonments to abandon a 3.60-mile line of railroad between 
milepost 1227.58 and milepost 1231.18, in Kalispell, Flathead County, 
MT. (line). The line traverses United States Postal Service Zip Code 
59901.
    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 agency acting on behalf of 
such user) regarding cessation of service over the line either is 
pending with the Surface Transportation Board (Board) or 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 April 20, 
2002,\1\ unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues,\2\ formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by April 1, 2002. Petitions 
to reopen or requests for public use conditions under 49 CFR 1152.28 
must be filed by April 10, 2002, with the Surface Transportation Board, 
Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001.
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    \1\ While BNSF initially indicated a proposed consummation date 
of April 19, 2002, consummation may not take place prior to April 
20, 2002 (50 days after the March 1, 2002 filing date of the 
verified notice). BNSF's representative has subsequently confirmed 
that consummation cannot occur before April 20, 2002.
    \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.
    \3\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1,000. See 49 CFR 
1002.2(f)(25). This fee is scheduled to increase to $1,100, 
effective April 8, 2002.
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    A copy of any petition filed with the Board should be sent to 
BNSF's representative: Michael Smith, Esq., Freeborn & Peters, 311 S. 
Wacker Drive, Suite 3000, Chicago, IL 60606-6677. If the verified 
notice contains false or misleading information, the exemption is void 
ab initio.

[[Page 13210]]

    BNSF has filed a separate environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by March 26, 
2002. 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) 565-1552. 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 March 21, 2002, 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. Exit Disclaimer

    Decided: March 12, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-6594 Filed 3-20-02; 8:45 am]
BILLING CODE 4915-00-P

 
 

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