[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2445-2446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-632]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 6 (Sub-No. 473X)]


BNSF Railway Company--Abandonment Exemption--in Rolette and 
Towner Counties, ND

    BNSF Railway Company (BNSF), filed a verified notice of exemption 
under 49 C.F.R. pt. 1152 subpart F--Exempt Abandonments to abandon 
17.75 miles of rail line between milepost 30.00, north of Bisbee and 
milepost 47.75 at Rolla, in Rolette and Towner Counties, N.D.\1\ The 
line traverses United States Postal Service Zip Codes 58317, 58363, and 
58367.
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    \1\ On December 23, 2010, the Rollo Job Development Authority 
(RJDA) filed a letter in opposition. While the Board will not delay 
service and publication of this notice based on that letter alone, 
RJDA has a number of post-publication/service options available to 
it, as set forth in this notice, should it choose to pursue the 
matter further.
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    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; \2\ (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

[[Page 2446]]

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 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.
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    \2\ BNSF states that the line was embargoed on March 29, 2007 
due to soft track conditions and sub-grade issues and the subsequent 
destruction by fire of two bridges.
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    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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 February 11, 2011, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
January 24, 2011. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by February 1, 2011, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
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    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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.
    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. 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: Karl Morell, 1455 F St., NW., Suite 225, 
Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF has filed a combined environmental and historic report which 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by January 14, 2011. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA, 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 January 12, 2012, 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 
``WWW.STB.DOT.GOV.''

    Decided: January 10, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-632 Filed 1-12-11; 8:45 am]
BILLING CODE 4915-01-P