[Federal Register Volume 69, Number 30 (Friday, February 13, 2004)]
[Notices]
[Pages 7283-7284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3218]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-600]


Yakima Interurban Lines Association--Adverse Abandonment--In 
Yakima County, WA

    On January 27, 2004, Kershaw Sunnyside Ranches, Inc. (Kershaw) 
filed an adverse application under 49 U.S.C. 10903 requesting that the 
Surface Transportation Board authorize the abandonment by Yakima 
Interurban Lines Association (YILA) of a portion of the Naches Line, 
which consists of approximately 11.29 miles of rail line between 
mileposts 2.97 at Fruitvale, WA, and milepost 14.26 at Naches, WA. The 
portion to be abandoned is an approximately one-mile segment of the 
line that crosses Kershaw's property. Mileposts for the segment are 
unavailable; however, the description of the line contained in the deed 
reads as follows:

    Said strip of land being a certain strip of land seventy five 
feet wide across the E.2 of S.W. 4 and the S.W.4 of S.E.4 of Sec. 24 
twp. 14 N. R. 17 E. W. M. [A]lso the N.W.4 of the N.W. 4 of Sec. 25 
twp. 14 N. R. 17 E. W.M. being a strip of land seventy five (75) 
feet in width 37\1/2\ feet on each side of the center line of the 
railroad of said company as the same [is now] located and staked out 
across said premises, together with any and all additional widths 
that may be necessary to catch the slopes of the cuts and fills of 
the roadbed of said railroad.

The line traverses United States Postal Service ZIP Code 98908 and 
includes no stations.
    Kershaw indicates that it filed the adverse abandonment application 
because the line has been inoperable, and there has been no traffic on 
the line, for approximately seven years. It states that the line is in 
complete disrepair, as large sections of track are missing, portions of 
the track are suspended by the rail due to erosion of the roadbed, and 
portions of the line are covered with rocks and debris while others are 
covered with thick vegetation. It asserts that the vegetation on the 
line promotes the proliferation of noxious weeds and pests that are 
unsightly and are a fire hazard. Furthermore, Kershaw indicates that 
YILA has no current plans or funds to rehabilitate and maintain the 
line and there are currently $750,000 in liens against the line. 
Applicant further states that no other public or private entity has 
shown any interest in assuming responsibility for the line. Kershaw 
argues that the burden of abandoning the line on shippers in the 
community would be minimal because shippers

[[Page 7284]]

have used alternate transportation services for at least seven years 
and a major highway is located adjacent to the line. Should the Board 
grant abandonment authority here, Kershaw states that it will proceed 
in state court to obtain control of the property. This agency and its 
predecessor have long held that granting an adverse abandonment 
application would remove this agency's primary jurisdiction over the 
line, thereby subjecting the line to actions under state law.\1\
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    \1\ See Modern Handcraft, Inc.--Abandonment, 363 I.C.C. 969 
(1981); Kansas City Pub. Ser. Frgt. Operations Exempt.-Aban., 7 
I.C.C.2d 216, 224-26 (1990); and Chelsea Property Owners--Aban.--The 
Consol. R. Corp., 8 I.C.C.2d 773, 778 (1992), aff'd sub nom. Conrail 
v. ICC, 29 F.3d 706 (D.C. Cir. 1994).
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    In a decision served in this proceeding on February 6, 2004, 
Kershaw was granted a waiver from some of the filing requirements of 
the Board's abandonment regulations at 49 CFR 1152 that were not 
relevant to its adverse abandonment application or that sought 
information not available to it. Specifically, Kershaw was granted 
waiver from the notice requirements at 49 CFR 1152.20(a)(2)(xii) and 
(a)(3), from the application requirements at 49 CFR 1152.22(a)(4), 
(a)(5), and (d), and from the consummation time periods at 49 CFR 
1152.29(e)(2).\2\
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    \2\ Because Kershaw had already satisfied a number of provisions 
for which it had requested a waiver, some of its waiver requests 
were denied as unnecessary. A fee waiver request had been denied 
earlier by the Board's Secretary and applicant was directed to 
comply with the provisions of 49 CFR 1152.24(f).
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    Kershaw states that the line does not contain federally granted 
rights-of-way. Any documentation in Kershaw's possession will be made 
available promptly to those requesting it. The applicant's entire case 
in chief for abandonment was filed with the application.
    The railroad has no employees on the line. Accordingly, there are 
no railroad employee interests that require labor protection.
    Any interested person may file written comments concerning the 
proposed abandonment or protests (including protestant's entire 
opposition case) by March 12, 2004. All interested persons should be 
aware that, following any abandonment of rail service and salvage of 
the line, the line may be suitable for other public use, including 
interim trail use. Any request for a public use condition under 49 
U.S.C. 10905 (49 CFR 1152.28) or for a trail use condition under 16 
U.S.C. 1247(d) (49 CFR 1152.29) must be filed by March 12, 2004. Each 
trail use request must be accompanied by a $150 filing fee. See 49 CFR 
1002.2(f)(27).
    The line sought to be abandoned will be available for subsidy or 
sale for continued rail use, if the Board decides to permit the 
abandonment, in accordance with applicable laws and regulations (49 
U.S.C. 10904 and 49 CFR 1152.27). No subsidy arrangement approved under 
49 U.S.C. 10904 shall remain in effect for more than 1 year unless 
otherwise mutually agreed by the parties (49 U.S.C. 10904(f)(4)(B)). 
Applicant will promptly provide upon request to each interested party 
an estimate of the subsidy and minimum purchase price required to keep 
the line in operation.
    Persons opposing the proposed adverse abandonment who wish to 
participate actively and fully in the process should file a protest. 
Persons who may oppose the abandonment but who do not wish to 
participate fully in the process by submitting verified statements of 
witnesses containing detailed evidence should file comments. Parties 
seeking information concerning the filing of protests should refer to 
section 1152.25.
    All filings in response to this notice must refer to STB Docket No. 
AB-600 and must be sent to: (1) Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20424-0001; and (2) Sarah Wixson, 
Velikanje, Moore and Shore, P.S., 405 East Lincoln Ave., P.O. Box 
22550, Yakima, WA 98907. The original and 10 copies of all comments or 
protests shall be filed with the Board with a certificate of service. 
Except as otherwise set forth in section 1152, every document filed 
with the Board must be served on all parties to the abandonment 
proceeding. 49 CFR 1104.12(a).
    The waiver decision noted that Kershaw had sought a waiver from the 
environmental requirements at 49 CFR 1152.22(f), arguing that this 
abandonment would not significantly alter the condition of the 
surrounding land and environment. However, the Board denied this 
request. It noted that, because Kershaw had already submitted the 
required environmental documentation to the Board's Section of 
Environmental Analysis (SEA), a waiver was not needed.
    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. Any other persons who would like to obtain a copy of the 
EA (or EIS) may contact SEA. EAs in abandonment or discontinuance 
proceedings normally will be made available within 33 days of the 
filing of the application. The deadline for submission of comments on 
the EA will generally be within 30 days of its service. The comments 
received will be addressed in the Board's decision. A supplemental EA 
or EIS may be issued where appropriate.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment regulations at 49 CFR part 
1152. Questions concerning environmental issues may be directed to SEA 
at (202) 565-1539. [Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-
8339.]
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: February 6, 2004.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-3218 Filed 2-12-04; 8:45 am]
BILLING CODE 4915-01-P