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The Burlington Northern and Santa Fe Railway Company--Abandonment Exemption--in King County, WA

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: January 16, 2003 (Volume 68, Number 11)]
[Notices]
[Page 2397-2398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja03-152]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-6 (Sub-No. 402X)]
 
The Burlington Northern and Santa Fe Railway Company--Abandonment 
Exemption--in King County, WA

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt 
Abandonments to abandon and discontinue service over a 0.17-mile line 
of railroad between Station 258 + 07 and Station 267 + 00, in Seattle, 
King County, WA. The line traverses United States Postal Service Zip 
Code 98119.\1\
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    \1\ By petition for exemption filed December 26, 2002, the City 
of Seattle (City) is seeking an exemption from the requirements of 
49 U.S.C. 10904 (offers of financial assistance) (OFAs). 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) there is no overhead traffic to be 
rerouted; (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 
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 February 15, 2003, unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues,\2\ formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR 
1152.29 must be filed by January 27, 2003.\4\ Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by February 5, 2003, with: Surface Transportation Board, 1925 K Street, 
NW., Washington, DC 20423.
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    \2\ 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.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
    \4\ On December 26, 2002, the City on behalf of the Seattle 
Department of Transportation filed a request for issuance of a 
notice of interim trail use (NITU) for the entire line pursuant to 
section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d). 
The City's trail use request, and any others that may be filed, will 
be addressed in a separate decision.
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    A copy of any petition filed with the Board should be sent to 
BNSF's representative: Michael Smith, Freeborn & Peters, 311 S. Wacker 
Dr., Suite 3000, Chicago, IL 60606-6677.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources.

[[Page 2398]]

SEA will issue an environmental assessment (EA) by January 21, 2003. 
Interested persons may obtain a copy of the EA by writing to SEA (Room 
500, Surface Transportation Board, Washington, DC 20423) or by calling 
SEA, at (202) 565-1552. [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 its line. If 
consummation has not been effected by BNSF's filing of a notice of 
consummation by January 16, 2004, 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. Exit Disclaimer

    Decided: January 9, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-972 Filed 1-15-03; 8:45 am]
BILLING CODE 4915-00-P

 
 

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