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The Burlington Northern and Santa Fe Railway Company--Abandonment Exemption--in Gage County, NE

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[Federal Register: March 21, 2002 (Volume 67, Number 55)]
[Notices]
[Page 13210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr02-97]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-6 (Sub-No. 391X)]
 
The Burlington Northern and Santa Fe Railway Company--Abandonment 
Exemption--in Gage County, NE

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
filed a notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments to abandon and discontinue service over a 9.46-mile line 
of railroad between milepost 32.70 in Beatrice and milepost 42.16 in 
Wymore, in Gage County, NE. The line traverses United States Postal 
Service Zip Codes 68310, 68318 and 68466.
    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 and discontinuance 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: 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW., Washington, DC 20423. A copy of any petition 
filed with the Board should be sent to applicant's representative: 
Michael Smith, Freeborn & Peters, 311 S. Wacker Dr., Suite 3000, 
Chicago, IL 60606-6677.
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    \1\ While the applicant 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). Applicant's representative has subsequently 
confirmed that consummation cannot occur before April 20, 2002.
    \2\ 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 $1000. See 49 CFR 
1002.2(f)(25). This fee is scheduled to increase to $1,100, 
effective April 8, 2002.
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    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 March 26, 2002. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1552. [TDD for the hearing impaired is available 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 March 21, 2003, 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 13, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-6736 Filed 3-20-02; 8:45 am]
BILLING CODE 4915-00-P

 
 

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