Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 51047 

1BNSF and the Port have entered into an 

agreement pursuant to which BNSF will donate to 

the Port the right-of-way, track, and other property 

and physical assets located on the line between 

milepost 11.25 and milepost 23.45. Pursuant to a 

separate agreement, BNSF will sell to the Port the 

right-of-way, track, and other property and physical 

assets located on the line between milepost 23.45 

and milepost 23.80. 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–6 (Sub-No. 465X)] 

BNSF Railway Company—

Abandonment Exemption—in King 

County, WA 

On August 11, 2008, BNSF Railway 

Company (BNSF) filed with the Board a 

petition under 49 U.S.C. 10502 for 

exemption from the provisions of 49 

U.S.C. 10903 to abandon a 12.55-mile 

line of railroad extending from milepost 

11.25 near Wilburton to milepost 23.80 

in Woodinville, King County, WA. The 

line traverses United States Postal 

Service Zip Codes 98004, 98005, 98011, 

98033, 98034, and 98072. 

In addition, BNSF seeks exemption 

from the offer of financial assistance 

(OFA) and public use provisions at 49 

U.S.C. 10904 and 49 U.S.C. 10905, 

respectively. In support, BNSF contends 

that an exemption from these provisions 

is necessary to permit conveyance of the 

line and its physical assets to the Port 

of Seattle (Port).1 BNSF has also agreed 

to rail bank the line with King County 

which will serve as interim trail user. 

These additional exemption requests 

will be addressed in the final decision. 

The segment proposed to be 

abandoned is part of a rail line that is 

currently the subject of three separate 

proceedings. In The Port of Seattle—

Acquisition Exemption—Certain Assets 

of BNSF Railway Company, STB 

Finance Docket No. 35128 (STB served 

June 20, 2008), the Port filed a notice of 

exemption to acquire from BNSF the 

right-of-way, track, and other property 

and physical assets located on the line 

between milepost 23.80 and milepost 

38.25. A portion of that segment, 

between milepost 38.01 and milepost 

38.25, was included in a notice of 

exemption filed in The Burlington 

Northern and Santa Fe Railway 

Company—Abandonment Exemption—

In Snohomish County, WA, STB Docket 

No. AB–6 (Sub-No. 422X) (STB served 

July 2, 2004), in which BNSF sought 

authorization to abandon and 

discontinue service over the line of 

railroad between milepost 38.01 and 

milepost 39.00. By decision served on 

December 18, 2007, the consummation 

deadline for BNSF’s abandonment of the 

line at issue in that proceeding was 

extended until December 31, 2008. By 

letter received on July 21, 2008, BNSF 

advised the Board that it had 

consummated the abandonment 

between milepost 38.25 and milepost 

39.00, and that the remainder of the 

line, between milepost 38.01 and 

milepost 38.25, would be retained for 

railroad purposes. Lastly, in GNP Rly 

Inc.—Modified Rail Certificate—In 

Snohomish County, WA, STB Finance 

Docket No. 35151 (STB served Aug. 13, 

2008), the Board granted GNP Rly Inc.’s 

application for a modified certificate of 

public convenience and necessity to 

lease and operate a segment of the line 

in Snohomish County, WA, extending 

from milepost 39.1 to milepost 39.3. 

Based on the connection of the line at 

issue in this proceeding with the line 

segments discussed above, BNSF, the 

Port, and King County, as well as other 

interested persons, are requested to 

submit additional information to clarify 

their arrangements and intentions 

regarding future service on these line 

segments. BNSF states in its petition 

that an agreement has been entered into 

to convey the line at issue here to the 

Port. However, BNSF does not explain 

how this agreement would allow BNSF 

to enter into an agreement with King 

County for King County to serve as 

interim trail user. Further, it is unclear 

what rail service, if any, is anticipated 

or would be provided and whether the 

above-mentioned line segments would 

remain sufficiently connected to allow 

for any freight or passenger rail service. 

The line does not contain federally 

granted rights-of-way. Any 

documentation in BNSF’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). 

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 November 28, 

2008. 

Any 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, unless the Board 

grants the requested exemption from the 

OFA process. Each OFA must be 

accompanied by a $1,500 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. Unless 

the Board grants the requested 

exemption from the public use 

provisions, 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 

September 18, 2008. Each trail use 

request must be accompanied by a $200 

filing fee. See 49 CFR 1002.2(f)(27)(i). 

All filings in response to this notice 

must refer to STB Docket No. AB–6 

(Sub-No. 465X) and must be sent to: (1) 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423–

0001; and (2) Kristy Clark, BNSF 

Railway Company, 2500 Lou Menk 

Drive, AOB–3, Fort Worth, TX 76131. 

Replies to the petition are due on or 

before September 18, 2008. 

Persons seeking further information 

concerning abandonment procedures 

may contact the Board’s Office of Public 

Assistance, Governmental Affairs, and 

Compliance at (202) 245–0238 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) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339.] 

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 made 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. 

Board decisions and notices are 

available on our Web site at ‘‘http:// 

www.stb.dot.gov.’’

Decided: August 25, 2008. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Anne K. Quinlan, 

Acting Secretary. 

[FR Doc. E8–20172 Filed 8–28–08; 8:45 am] 

BILLING CODE 4915–01–P 

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