34699 SERVICE DATE - MAY 21, 2004
DO
FR-4915-01-P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-6 (Sub-No. 414X)]
The Burlington Northern and Santa Fe Railway Company–Abandonment Exemption–in Modoc
and Siskiyou Counties, CA
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 and discontinue
service over a 33.77-mile line of railroad between milepost 0.00 near Lookout, and
milepost 33.77 near Hambone, in Modoc and Siskiyou Counties, CA. The line traverses
United States Postal Service Zip Codes 96054 and 96056.
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 (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
and discontinuance 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
June 22, 2004, unless stayed pending reconsideration. Petitions to stay that do not involve
environmental issues,
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),
and trail use/rail banking requests under 49 CFR 1152.29
must be filed by
June 1, 2004. Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by June 10, 2004, with the Surface Transportation Board, 1925 K
Street, N.W., 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 effects, if any, of the
abandonment and discontinuance on the environment and historic resources. SEA will issue an
environmental assessment (EA) by May 28, 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 its line. If consummation has not been effected by BNSF’s filing of a notice of
consummation by May 21, 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 website at
“WWW.STB.DOT.GOV.”
Decided: May 12, 2004.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams
Secretary
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