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BNSF Railway Company--Abandonment Exemption--in Polk County, IA

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 [Federal Register: April 5, 2006 (Volume 71, Number 65)]
[Notices]
[Page 17160-17161]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap06-135]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-6 (Sub-No. 437X)]

BNSF Railway Company--Abandonment Exemption--in Polk County, IA

    BNSF Railway Company (BNSF) has filed a notice of exemption under 
49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 0.89-mile line 
of railroad that extends between Station 0+00 and Station 47+00 near 
Glake, in Polk County, IA. The line traverses United States Postal 
Service Zip Code 50317.
    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic handled 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 
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 May 5, 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 
April 17, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 25, 2006, with: 
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 
currently is set at $1,200, but is scheduled to increase to $1,300, 
effective 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). 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: 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 environmental and historic reports which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by April 10, 
2006. Interested persons may obtain a copy of

[[Page 17161]]

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.
    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 April 5, 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. Exit Disclaimer

    Decided: March 28, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-4805 Filed 4-4-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

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