42969                      SERVICE DATE –  LATE RELEASE MARCH 1, 2013

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 6 (Sub-No. 487X)]

BNSF Railway Company—Abandonment Exemption—in Cook County, Ill.

            BNSF Railway Company (BNSF) has filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments to abandon approximately 1.1 miles of rail line in Chicago, in Cook County, Ill., as follows:  (1) approximately 0.50 miles of track (Sangamon Street Line) from south of Western Avenue Yard at 16th Street (Station 186+79), extending to the red board south of Cullerton Street (Station 163+50); and (2) approximately 0.60 miles of track (Lumber Street Line) from West Cermak Road at the Colonial Brick switch (Station 157+65), extending to the end of the line on Lumber Street (Station 197+81).  The line traverses United States Postal Service Zip Codes 60608 and 60616.

            BNSF has certified that: (1) no local traffic has moved over the line for at least two years; (2) there is no overhead traffic on the line; (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 two-year period; and (4) the requirements at 49 C.F.R. § 1105.7(c) (environmental report), 49 C.F.R. § 1105.11 (transmittal letter), 49 C.F.R. § 1105.12 (newspaper publication), and 49 C.F.R. § 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 Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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 April 5, 2013, unless stayed pending reconsideration.  Petitions to stay that do not involve environmental issues,[1] formal expressions of intent to file an OFA under 49 C.F.R. § 1152.27(c)(2),[2] and trail use/rail banking requests under 49 C.F.R. § 1152.29 must be filed by March 18, 2013.  Petitions to reopen or requests for public use conditions under 49 C.F.R. § 1152.28 must be filed by March 26, 2013, with the Surface Transportation Board, 395 E Street, S.W., Washington, DC  20423-0001.

            A copy of any petition filed with the Board should be sent to BNSF’s representative:  Karl Morell, BALL JANIK LLP, Suite 225, 655 Fifteenth Street N.W., Washington, DC  20005.

            If the verified notice contains false or misleading information, the exemption is void ab initio.

            BNSF has filed environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources.  OEA will issue an environmental assessment (EA) by March 11, 2013.  Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA at (202) 245-0305.  Assistance for the hearing impaired is available through the Federal Information Relay Service at (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 C.F.R. § 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 March 6, 2014, 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:  March 1, 2013.

By the Board, Rachel D. Campbell, Director, Office of Proceedings.