Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Notices 58227

1The 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 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 exemption’s effective date.

2Each OFA must be accompanied by the filing 

fee, which currently is set at $1,100. See 49 CFR 

1002.2(f)(25).

1The 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 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 exemption’s effective date.

2Each OFA must be accompanied by the filing 

fee, which currently is set at $1,100. See 49 CFR 

1002.2(f)(25).

traverses United States Postal Service 

Zip Codes 66838, 66850, 66859 and 

66869. 

BNSF has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) all overhead traffic 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 

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. 

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 October 

29, 2004, 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 

12, 2004. Petitions to reopen or requests 

for public use conditions under 49 CFR 

11152.28 must be filed by October 19, 

2004, with the Surface Transportation 

Board, 1925 K Street, NW., Washington, 

DC 20423–0001.

A copy of any petition filed with the 

Board should be sent to BNSF’s 

representative: Michael Smith, Freeborn 

& Peters, 311 S. Wacker Dr., Suite 3000, 

Chicago, IL 60606–6677. 

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. 

SEA will issue an environmental 

assessment (EA) by October 4, 2004. 

Interested persons may obtain a copy of 

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 September 29, 2005, 

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: September 21, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–21680 Filed 9–28–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Docket No. AB–6 (Sub-No. 426X)] 

The Burlington Northern and Santa Fe 

Railway Company—Abandonment 

Exemption—In Matagorda and 

Wharton Counties, TX 

The Burlington Northern and Santa Fe 

Railway Company (BNSF) has filed a 

notice of exemption under 49 CFR 1152 

Subpart F–Exempt Abandonments to 

abandon 20.89 miles of rail line between 

BNSF milepost 66.95 in Bay City and 

milepost 54.00 near Cane Junction and 

between milepost 0.00 near Cane 

Junction and milepost 7.94 near 

Newgulf, in Matagorda and Wharton 

Counties, TX. The line traverses United 

States Postal Service Zip Codes 77414, 

77420 and 77482. 

BNSF has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) any overhead traffic 

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 

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 October 29, 2004, 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 12, 

2004. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by October 19, 

2004, with the Surface Transportation 

Board, 1925 K Street, NW., Washington, 

DC 20423–0001.

A copy of any petition filed with the 

Board should be sent to UP’s 

representative: Michael Smith, Freeborn 

& Peters, 311 S. Wacker Dr., Suite 3000, 

Chicago, IL 60606–6677. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio.

BNSF has filed an environmental 

report which addresses the effects, if 

any, of the abandonment on the 

58228 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Notices 

environment and historic resources. 

SEA will issue an environmental 

assessment (EA) by October 4, 2004. 

Interested persons may obtain a copy of 

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 September 29, 2005, 

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: September 22, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–21779 Filed 9–28–04; 8:45 am] 

BILLING CODE 4915–01–P