[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Notices]
[Pages 3153-3154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-500]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-600 (Sub-No. 1X)]


Yakima Interurban Lines Association--Abandonment Exemption--in 
Yakima County, WA

    Yakima Interurban Lines Association (YILA) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
line of railroad known as the Naches Branch, from milepost 2.97 (near 
Yakima) to milepost 14.26 (near Naches), a distance

[[Page 3154]]

of approximately 11.29 miles in Yakima County, WA. The line traverses 
United States Postal Service Zip Codes 98902, 98904, 98908, and 
98937.\1\
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    \1\ YILA seeks exemption from 49 U.S.C. 10904 (offer of 
financial assistance procedures). Also included with the verified 
notice of exemption is a request on behalf of Yakima County for 
issuance of a notice of interim trail use pursuant to section 8(d) 
of the National Trails System Act, 16 U.S.C. 1247(d). The Board will 
address these requests in a subsequent decision.
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    YILA has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (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 of 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.
    As a condition to the 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 offer of 
financial assistance (OFA) has been received, the exemption will be 
effective on February 18, 2006, 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 30, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by February 8, 2006, 
with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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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 a $1,200 filing fee. See 49 
CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Charles H. Montange, 426 NW. 162nd St., 
Seattle, WA 98177.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    YILA has filed an environmental report which addresses the effects, 
if any, of the abandonment on the environment and historic resources. 
SEA will issue an environmental assessment (EA) by January 24, 2006. 
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) 565-1539. [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), YILA 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 YILA's filing of a notice of 
consummation by January 19, 2007, 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 12, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-500 Filed 1-18-06; 8:45 am]
BILLING CODE 4915-01-P