[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Notices]
[Pages 26676-26677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12818]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-544X]


Sea Lion Railroad--Abandonment Exemption--In King County, WA

    On April 23, 1998, Sea Lion Railroad, a/k/a Adventure Trail, Inc. 
(SLR) filed with the Surface Transportation Board (Board) a petition 
under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 
10903-10905 1 to abandon a line of railroad between the end 
of the line at milepost 2.70 and milepost 0.09 in the Ballard District 
of Seattle, WA, a distance of approximately 3.00 miles, in King County, 
WA. The line traverses U.S. Postal Service Zip Codes 98107 and 98117. 
There are no existing rail stations.
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    \1\ In addition to an exemption from 49 U.S.C. 10903, SLR seeks 
exemption from 49 U.S.C. 10904 (offer of financial assistance 
procedures) and 49 U.S.C. 10905 (public use conditions).
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    The line contains federally granted rights-of-way. Any 
documentation in the railroad's possession will be made available 
promptly to those requesting it. 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).

[[Page 26677]]

    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 August 11, 1998.
    Any offer of financial assistance (OFA) 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 a $1,000 
filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than June 2, 1998.2 Each 
trail use request must be accompanied by a $150 filing fee. See 49 CFR 
1002.2(f)(27).
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    \2\ In the petition, SLR indicates that it consents to a request 
by the City of Seattle for issuance of a notice of interim trail 
use/rail banking. SLR adds that, once the City has acquired the line 
for trail use/rail banking by means of transfer from petitioner, 
Ballard Terminal Railroad Company will operate the line under 
contract with the City pursuant to a modified certificate of public 
convenience and necessity. We note, however, that a modified 
certificate is issued however, only when a state or political 
subdivision of a state acquires an abandoned line with the intent to 
provide rail service itself or to contract with an operator for such 
service. Trail use and rail banking are normally not contemplated 
under such a procedure. SLR's apparent intent here to transfer the 
line to the City for continued rail service. The use of rail banking 
to transfer a line for continued rail service appears questionable.
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    All filings in response to this notice must refer to STB Docket No. 
AB-544X and must be sent to: (1) Surface Transportation Board, Office 
of the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, 
DC 20423-0001, and (2) Charles H. Montange, 426 NW 162d Street, 
Seattle, WA 98177. Replies to the SLR petition are due on or before 
June 2, 1998.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or 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) 565-1545. [TDD for the hearing impaired is available at (202) 
565-1695.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be available within 60 days of the filing of the petition. The deadline 
for submission of comments on the EA will generally be within 30 days 
of its service.

    Decided: May 8, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-12818 Filed 5-12-98; 8:45 am]
BILLING CODE 4915-00-P