BNSF Railway Company-Abandonment Exemption-in Oklahoma County, OK and Stillwater Central Railroad, Inc.-Discontinuance of Service Exemption-in Oklahoma County, OK, 59802 [05-20243]

Download as PDF 59802 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices DEPARTMENT OF TRANSPORTATION Surface Transportation Board Release of Waybill Data The Surface Transportation Board has received a request from Harris Ellsworth & Levin on behalf of Trinity Industries, Inc. (WB605–1—10/5/2005) for permission to use certain data from the Board’s 2003 and 2004 Carload Waybill Sample. A copy of the requests may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. FOR FURTHER INFORMATION CONTACT: Mac Frampton, (202) 565–1541. Vernon A. Williams, Secretary. [FR Doc. 05–20529 Filed 10–12–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket Nos. AB–6 (Sub–No. 430X) and AB–1040X] BNSF Railway Company— Abandonment Exemption—in Oklahoma County, OK and Stillwater Central Railroad, Inc.—Discontinuance of Service Exemption—in Oklahoma County, OK BNSF Railway Company (BNSF) and Stillwater Central Railroad, Inc. (SLWC) have jointly filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service for BNSF to abandon, and for SLWC to discontinue service over, approximately 2.95 miles of railroad between milepost 539.96 and milepost 542.91 in Oklahoma City, Oklahoma County, OK. The line traverses United States Postal Service Zip Codes 73102, 74108, and 73129. BNSF and SLWC have 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 VerDate Aug<31>2005 16:14 Oct 12, 2005 Jkt 208001 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 of 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. As a condition to these exemptions, any employee adversely affected by the abandonment or 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, these exemptions will be effective on November 12, 2005, 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 24, 2005. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 2, 2005, with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to applicants’ representatives: Sidney L. Strickland, Jr., 3050 K Street, NW., Suite 101, Washington, DC 20007; and Karl Morell, 1455 F Street, NW., Suite 225, Washington, DC 20005. If the verified notice contains false or misleading information, the exemptions are void ab initio. BNSF and SLWC have filed an environmental report which addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. SEA will issue an environmental assessment (EA) by 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 exemptions’ effective date. See Exemption of Outof-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 exemptions’ effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,200. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 October 18, 2005. 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– 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 October 13, 2006, 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. Decided: October 3, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–20243 Filed 10–12–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–303 (Sub–No. 29X)] Wisconsin Central Ltd.—Abandonment Exemption—in Forest County, WI Wisconsin Central Ltd. (WCL) has filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon a 4.62-mile line of railroad, from milepost 235.84 on the Pembine Sub (formerly milepost 249.38 on the old Shawano Sub), near Crandon, to the end of the track at milepost 231.22 on the Pembine Sub (formerly milepost 254.00 on the old Shawano Sub), in Forest County, WI. The line traverses United States Postal Service Zip Code 54520. WCL has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line that would have to be rerouted; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Notices]
[Page 59802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20243]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket Nos. AB-6 (Sub-No. 430X) and AB-1040X]


BNSF Railway Company--Abandonment Exemption--in Oklahoma County, 
OK and Stillwater Central Railroad, Inc.--Discontinuance of Service 
Exemption--in Oklahoma County, OK

    BNSF Railway Company (BNSF) and Stillwater Central Railroad, Inc. 
(SLWC) have jointly filed a notice of exemption under 49 CFR 1152 
Subpart F--Exempt Abandonments and Discontinuances of Service for BNSF 
to abandon, and for SLWC to discontinue service over, approximately 
2.95 miles of railroad between milepost 539.96 and milepost 542.91 in 
Oklahoma City, Oklahoma County, OK. The line traverses United States 
Postal Service Zip Codes 73102, 74108, and 73129.
    BNSF and SLWC have 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 of 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.
    As a condition to these exemptions, any employee adversely affected 
by the abandonment or 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, these exemptions will be 
effective on November 12, 2005, 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 24, 2005. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by November 2, 2005, 
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 exemptions' 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 exemptions' 
effective date.
    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,200. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicants' representatives: Sidney L. Strickland, Jr., 3050 K Street, 
NW., Suite 101, Washington, DC 20007; and Karl Morell, 1455 F Street, 
NW., Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    BNSF and SLWC have filed an environmental report which addresses 
the effects, if any, of the abandonment and discontinuance on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by October 18, 2005. 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) 565-1539. 
[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 October 13, 2006, 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.

    Decided: October 3, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-20243 Filed 10-12-05; 8:45 am]
BILLING CODE 4915-01-P