BNSF Railway Company-Abandonment Exemption-in King County, WA, 55899 [E8-22677]

Download as PDF Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 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 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–6 (Sub-No. 463X)] BNSF Railway Company— Abandonment Exemption—in King County, WA jlentini on PROD1PC65 with NOTICES BNSF Railway Company (BNSF) has filed a notice of exemption under 49 CFR 1152 Subpart F–Exempt Abandonments to abandon a 7.30-mile rail line 1 located between milepost 0.00 at Woodinville and milepost 7.30 at 1 The rail line at issue is a branch line which connects with another BNSF line at Woodinville, WA. That BNSF line is the subject of three 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), The Port of Seattle— Acquisition Exemption—Certain Assets of BNSF Railway Company, STB Finance Docket No. 35128 (STB served June 20, 2008), and BNSF Railway Company—Abandonment Exemption—in King County, WA, STB Docket No. AB–6 (Sub-No. 464X) (STB served Sept. 26, 2008). VerDate Aug<31>2005 18:07 Sep 25, 2008 Jkt 214001 Redmond, King County, WA.2 The line traverses United States Postal Service Zip Codes 98011, 98034, 98052, and 98072. BNSF has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be 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. 2 By petition 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. 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 Outof-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). PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 55899 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 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. E8–22677 Filed 9–25–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35176] Georgia Southwestern Railroad, Inc.— Acquisition Exemption—CSX Transportation, Inc. Georgia Southwestern Railroad, Inc. (GSWR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire by purchase from CSX Transportation, Inc. (CSXT), E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Page 55899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22677]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 463X)]


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 7.30-mile rail 
line \1\ located between milepost 0.00 at Woodinville and milepost 7.30 
at Redmond, King County, WA.\2\ The line traverses United States Postal 
Service Zip Codes 98011, 98034, 98052, and 98072.
---------------------------------------------------------------------------

    \1\ The rail line at issue is a branch line which connects with 
another BNSF line at Woodinville, WA. That BNSF line is the subject 
of three 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), The Port of Seattle--Acquisition 
Exemption--Certain Assets of BNSF Railway Company, STB Finance 
Docket No. 35128 (STB served June 20, 2008), and BNSF Railway 
Company--Abandonment Exemption--in King County, WA, STB Docket No. 
AB-6 (Sub-No. 464X) (STB served Sept. 26, 2008).
    \2\ By petition 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.
---------------------------------------------------------------------------

    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 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. E8-22677 Filed 9-25-08; 8:45 am]
BILLING CODE 4915-01-P