[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)]
[Notices]
[Pages 847-848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-107]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1026X]


Bellingham International Railroad, LLC--Abandonment Exemption--in 
Whatcom County, WA

    Bellingham International Railroad, LLC (BIR), has filed a verified 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon a 2-mile line of railroad between milepost 2.98 and milepost 
4.98 in Bellingham, Whatcom County, WA.\1\ The line traverses United 
States Postal Service Zip Code 98225 and includes no stations.
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    \1\ In 1998, BIR acquired the exclusive rail service easement 
over the line and all track, track materials, and related 
structures. See Bellingham International Railroad LLC--Acquisition 
and Operation Exemption--The Burlington Northern and Santa Fe 
Railway Company, STB Finance Docket No. 33635 (STB served Aug. 4, 
1998).
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    BIR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has been handled on 
the line for at least 2 years; \2\ (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 report), 49 CFR 1105.8 (historic report), 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.
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    \2\ According to BIR, the line is stub-ended and not capable of 
handling overhead traffic.

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[[Page 848]]

    Where, as here, BIR is abandoning all of its rail lines, the Board 
does not normally impose labor protection under 49 U.S.C. 10502(g), 
unless the evidence indicates the existence of: (1) A corporate 
affiliate that will continue substantially similar rail operations; or 
(2) a corporate parent that will realize substantial financial benefits 
over and above relief from the burden of deficit operations by its 
subsidiary railroad. See Wellsville, Addison & Galeton R. Corp.--
Abandonment, 354 I.C.C. 744 (1978); and Northampton and Bath R. Co.--
Abandonment, 354 I.C.C. 784 (1978). Because BRI does not appear to have 
a corporate affiliate or parent that will continue similar operations 
or that could benefit from the proposed abandonment, employee 
protective conditions will not be imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on February 7, 2009, 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 
January 21, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 28, 2009,\5\ 
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).
    \5\ BIR states that the property underlying the line's right-of-
way may be reversionary, which may affect the transfer of the 
property for other than rail or rail-banking purposes.
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    A copy of any petition filed with the Board should be sent to BIR's 
representative: Karl Morell, Ball Janik LLP, 1455 F Street, NW., Suite 
225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BIR has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by January 
13, 2009. 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), BIR 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 BIR's filing of a notice of 
consummation by January 8, 2010, 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: January 2, 2009.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-107 Filed 1-7-09; 8:45 am]
BILLING CODE 4915-01-P