[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55898-55899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22657]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 464X)]


BNSF Railway Company--Abandonment Exemption--in King County, WA

    BNSF Railway Company (BNSF) has filed a notice of exemption under 
49 CFR 1152 Subpart F-Exempt Abandonments to abandon a 5.60-mile rail 
line \1\ between milepost 5.00, at Kennydale, and milepost 10.60 at 
Wilburton, in King County, WA.\2\ The line traverses United States 
Postal Service Zip Codes 98004, 98005, 98006, and 98056.
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    \1\ The rail line at issue in this proceeding is part of a 
larger BNSF segment in King County that is the subject of two 
pending proceedings before the Board. For information regarding 
these proceedings see: BNSF Railway Company--Abandonment Exemption--
in King County, WA, STB Docket No. AB-6 (Sub-No. 465X) (STB served 
Aug. 29, 2008), and The Port of Seattle--Acquisition Exemption--
Certain Assets of BNSF Railway Company, STB Finance Docket No. 35128 
(STB served June 20, 2008). An abandonment proposal involving a 
connecting BNSF branch line is also pending in BNSF Railway 
Company--Abandonment Exemption--in King County, WA, STB Docket No. 
AB-6 (Sub-No. 463X) (STB served Sept. 26, 2008).
    \2\ By petition for exemption filed on September 8, 2008, BNSF 
is also seeking an exemption from the offer of financial assistance 
(OFA) requirements of 49 U.S.C. 10904. The merits of the petition 
will be addressed in a separate decision.
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    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) all overhead traffic on the line has 
been rerouted over other lines; (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 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 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 OFA has been 
received, this exemption will be effective on October 28, 2008, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues,\3\ formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2),\4\ and trail use/rail banking requests 
under 49 CFR 1152.29 must be filed by October 6, 2008. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by October 16, 2008, with the Surface Transportation Board, 
395 E Street, SW., Washington, DC 20423-0001.
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    \3\ 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.
    \4\ Effective July 18, 2008, the filing fee for an OFA increased 
to $1,500. See Regulations Governing Fees for Services Performed in 
Connection With Licensing and Related Services--2008 update, STB Ex 
Parte No. 542 (Sub-No. 15) (STB served June 18, 2008).
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    A copy of any petition filed with the Board should be sent to 
BNSF's representative: Kristy D. Clark, BNSF Railway Company, 2500 Lou 
Menk Drive, AOB-3, Fort Worth, TX 76131.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF has filed both an environmental report and a historic report 
that address the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by

[[Page 55899]]

October 3, 2008. Interested persons may obtain a copy of the EA by 
writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling SEA, at (202) 245-0305. [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 the line. If 
consummation has not been effected by BNSF's filing of a notice of 
consummation by September 26, 2009, 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 Web site at http://www.stb.dot.gov.

    Decided: September 22, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-22657 Filed 9-25-08; 8:45 am]
BILLING CODE 4915-01-P