BNSF Railway Company-Abandonment Exemption-in Stearns County, MN, 24355 [E7-8352]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 84 (Wednesday, May 2, 2007)]
[Notices]
[Page 24355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8352]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 455X)]


BNSF Railway Company--Abandonment Exemption--in Stearns County, 
MN

    BNSF Railway Company (BNSF) has filed a notice of exemption under 
49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 0.79-mile line 
of railroad between milepost 16.21 and milepost 17.00, near Cold 
Spring, in Stearns County, MN. The line traverses United States Postal 
Service Zip Code 56320.
    BNSF 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; (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 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 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 June 6, 2007, 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 
May 17, 2007. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 \3\ must be filed by May 29, 2007, with: Surface 
Transportation Board, 395 E Street, SW., 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 $1,300. See 49 CFR 1002.2(f)(25).
    \3\ On November 27, 2006, the Minnesota Department of 
Transportation filed a request for trail use/rail banking and for a 
public use condition. These requests will be handled in a subsequent 
decision.
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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 May 11, 
2007. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or 
by calling SEA, 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 May 7, 2008, 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 https://www.stb.dot.gov.

    Decided: April 26, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-8352 Filed 5-1-07; 8:45 am]
BILLING CODE 4915-01-P