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###### Department of Transportation

###### Surface Transportation Board 

          - [STB Docket No. AB-6 (Sub-No. 466X)] 

On February 12, 2009, BNSF Railway Company (BNSF) filed with the Surface Transportation Board (Board) a petition under U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to discontinue trackage rights over approximately 1.39 miles of rail line owned by Union Pacific Railroad Company, between milepost 7.40 at Gibb and milepost 8.79 at Coeur d'Alene, in Kootenai County, ID. The line traverses U.S. Postal Service Zip Code 83814. 

                    The interest of railroad employees will be protected by the conditions set forth in                     *Oregon Short Line R. Co.—Abandonment—Goshen,*                     360 I.C.C. 91 (1979).                 

By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by June 2, 2009. 

Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Similarly, no environmental or historic documentation is required under 49 CFR 1105.6(c)(2) and 1105.8(b). 

                    Any offer of financial assistance (OFA) for subsidy under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by the filing fee, which is currently set at $1,500.                     *See*49 CFR 1002.2(f)(25).                 

All filings in response to this notice must refer to STB Docket No. AB-6 (Sub-No. 466X) and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) Karl Morell, 1455 F Street, NW., Suite 225, Washington, DC 20005. Replies to the petition are due on or before March 24, 2009. 

Persons seeking further information concerning discontinuance procedures may contact the Board's Office of Congressional and Public Services at (202) 245-0238 or refer to the full abandonment and discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Section of Environmental Analysis (SEA) at (202) 245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] 

                    Board decisions and notices are available on our Web site at                     *http://www.stb.dot.gov*.                 

Decided: February 24, 2009. 

By the Board, David M. Konschnik, Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk.

[FR Doc. E9-4328 Filed 3-3-09; 8:45 am] 

BILLING CODE 4915-01-P