```

[Federal Register Volume 66, Number 249 (Friday, December 28, 2001)]
[Notices]
[Pages 67363-67364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31767]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 390X)]

The Burlington Northern and Santa Fe Railway Company--Abandonment 
Exemption--Between Loving and Pecos Junction, NM, and Between Pecos 
Junction, NM, and Rustler Springs, TX

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
filed a verified notice of exemption under 49 CFR 1152 subpart F--
Exempt Abandonments to abandon a line of railroad between BNSF milepost 
196.00 near Loving, NM, and milepost 217.20 near Pecos Junction, NM, 
and between milepost 0.00 near Pecos Junction, NM, and milepost 25.34 
near Rustler Springs, TX, a total distance of 46.54 miles. The line 
traverses United States Postal Service Zip Codes 88256, 88263, and 
79855.
    Applicant 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 agency acting on behalf of 
such user) regarding cessation of service over the line is either 
pending with the Surface Transportation Board (Board) or 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 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

[[Page 67364]]

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 January 29, 2002, 
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 January 9, 2002. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by January 22, 2002, with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \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 offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant'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.
    Applicant has filed a separate environmental report which addresses 
the abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by January 
4, 2002. 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) 565-1552. 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 December 28, 2002, 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 Website at 
www.stb.dot.gov.

    Decided: December 18, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-31767 Filed 12-27-01; 8:45 am]
BILLING CODE 4915-00-P
```