Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Notices 64631

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.

2Effective October 31, 2004, the filing fee for an 

OFA increases to $1,200. See Regulations Governing 

Fees for Services Performed in Connection with 

Licensing and Related Services—2004 Update, STB 

Ex Parte No. 542 (Sub-No. 11) (STB served Oct. 1, 

2004).

release UP from past and future liability 

for reparations while guaranteeing it 

compensation that is acceptable in view 

of the unique characteristics of these 

commodities and the other benefits of 

the Agreement. 

Movants point out that the Agreement 

is based on numerous compromises 

which balance the needs of the parties 

and resolve difficult and complex issues 

that would otherwise take years to 

litigate (e.g., common carrier obligation, 

market dominance, reasonableness 

standards, and such costing elements as 

liability exposure, costs for extra and 

dedicated train services, and safety 

precautions). They claim that the 

Agreement will bring certainty over a 

broad range of crucial operational and 

rate issues while providing flexibility 

(e.g., updating mechanisms, 

renegotiation provisions, and dispute 

resolution) over the long term to 

minimize the potential for future 

disputes and accommodate changing 

needs and technologies. 

In the movants’ view, the Agreement: 

(1) Is in the public interest because it 

shifts the transportation focus from 

controversy and confrontation to 

cooperation benefitting national goals 

for the safe handling and storage of 

these commodities; (2) is consistent 

with the national rail transportation 

policy which encourages reliance on 

competition and the demand for service 

to establish reasonable rates and seeks 

to minimize Federal regulatory 

authority, promote an efficient rail 

transportation system, and foster sound 

economic conditions in transportation; 

and (3) affirms the Board’s policy 

favoring the private settlement of 

disputes. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

It is ordered:

1.The parties to this proceeding and 

interested persons must comply with 

the procedural schedule and 

requirements outlined above. 

2. This decision is effective on 

November 5, 2004.

Decided: November 1, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–24736 Filed 11–4–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Docket No. AB–6 (Sub–No. 424X)] 

The Burlington Northern and Santa Fe 

Railway Company—Abandonment 

Exemption—in Dawson and McCone 

Counties, MT 

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 a 43.41-mile line of railroad 

extending between milepost 7.00 near 

Glendive and milepost 50.41 in Circle, 

in Dawson and McCone Counties, MT. 

The line traverses United States Postal 

Service Zip Codes 59330, 59339, 59315, 

and 59215.

BNSF has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic 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 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 

December 7, 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 November 15, 2004. Petitions to 

reopen or requests for public use 

conditions under 49 CFR 1152.28 must 

be filed by November 26, 2004, 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 BNSF’s 

representative: Michael Smith, Freeborn 

& Peters, 311 S. Wacker Drive, 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 

environment and historic resources. 

SEA will issue an environmental 

assessment (EA) by November 12, 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 November 5, 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: October 27, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–24503 Filed 11–4–04; 8:45 am] 

BILLING CODE 4915–01–P