[Federal Register Volume 73, Number 160 (Monday, August 18, 2008)]
[Notices]
[Pages 48277-48278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19051]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35151]


GNP Rly Inc.--Modified Rail Certificate--In Snohomish County, WA

    On July 14, 2008, GNP Rly Inc. (GNP) \1\ filed an application for a 
modified certificate of public convenience and necessity under 49 CFR 
Part 1150, Subpart C, Modified Certificate of Public Convenience and 
Necessity (modified certificate), to lease and operate a segment of a 
line of railroad in the City of Snohomish, Snohomish County (County), 
WA. The segment is owned by the County and extends from milepost 39.1 
to milepost 39.3, a distance of approximately 0.2 miles. On August 7, 
2008, Mayor Randy Hamlin, on behalf of the City of Snohomish (City), 
filed a letter in response to GNP's application.
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    \1\ GNP was previously known as Altac Terminals Washington, Inc. 
GNP changed its corporate name through an amendment to its articles 
of incorporation filed with the Secretary of State of the State of 
Washington on September 10, 2007.
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    The segment is part of a line of railroad authorized to be 
abandoned pursuant to a decision issued by the Board's predecessor 
agency, the Interstate Commerce Commission, in Burlington Northern 
Railroad Company--Exemption--Abandonment in Snohomish County, WA, 
Docket No. AB-6 (Sub-No. 280X) (ICC served Mar. 12, 1986).\2\ GNP 
states that the County acquired the segment on October 20, 1992.\3\
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    \2\ The line of railroad approved for abandonment pursuant to 
that decision extended from milepost 39.00 to milepost 47.11, a 
distance of approximately 8.11 miles.
    \3\ We note that the County does not appear to own the segment 
covering milepost 39.0 to milepost 39.1 of the line.
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    The County leased the segment to GNP by agreement dated May 23, 
2008. GNP states that it will lease the segment for an initial term 
beginning January 1, 2008, and ending December 31, 2039, with a 31-year 
renewal term. GNP states that the segment will be used for the 
reconstruction of 350 yards of sidings and service tracks for storage 
and maintenance of locomotives and cars and as a base of operations for 
trains, motive power, and rolling stock to be

[[Page 48278]]

operated by GNP. GNP states that it will also provide commuter rail 
service and common carrier freight rail service over the segment as 
provided in its agreement with the County.\4\ GNP states that the 
segment at issue here is the first small piece of a larger segment that 
GNP hopes to operate.
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    \4\ The rail line involved in Docket No. AB-6 (Sub-No. 280X) 
connects with a 0.99-mile line of railroad owned by BNSF Railway 
Company (BNSF), between milepost 38.01 and milepost 39.0 in 
Snohomish (BNSF line). The BNSF line was the subject of a notice of 
exemption to abandon and discontinue service in BNSF Railway 
Company--Abandonment Exemption--In Snohomish County, WA, STB Docket 
No. AB-6 (Sub-No. 422X) (STB served July 2, 2004). By decision 
served on December 18, 2007, in STB Docket No. AB-6 (Sub-No. 422X), 
the consummation deadline for BNSF's abandonment of the line at 
issue in that proceeding was extended until December 31, 2008. GNP 
states that BNSF has not consummated the abandonment of the BNSF 
line and that the line may be acquired by a public authority. 
However, by subsequent letter received on July 21, 2008, BNSF 
advised the Board that it has consummated the abandonment of the 
BNSF line 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.
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    The City requests that the Board deny GNP's application. The City 
opposes passenger rail operations on the segment, citing safety and 
noise concerns. In particular, the City complains about the negative 
impact rail service would have on several public facilities located 
near the segment, the danger to pedestrians and automobiles at the 11 
crossings along the segment, and the close proximity of the segment to 
many new multifamily residences. Further, the City argues that the 
safety of the Snohomish River Bridge has not been evaluated. Finally, 
the City argues that there is no apparent need for additional commuter 
rail service.
    The rail segment qualifies for a modified certificate of public 
convenience and necessity, which was designed to promote the 
continuation of rail service over marginal lines. See Common Carrier 
Status of States, State Agencies, 363 I.C.C. 132, aff'd sub nom. 
Simmons v. ICC, 697 F.2d 326 (D.C. Cir. 1982).
    Although the County supports the proposal, the City does not, and 
the City raises safety issues that it believes could arise if request 
rail service were to develop. It is not at all clear that the more 
extensive proposal, of which this proposal is a part, will materialize, 
in that GNP does not now have, and may never obtain, the ability to 
operate over any track beyond the 0.2-mile segment at issue here. Thus, 
the safety issues that the City raises may never arise as a result of 
the permissive authority sought here. In any event, any holder of a 
modified certificate must operate in accordance with all Federal 
Railroad Administration (FRA) safety regulations. The FRA regulations 
cover such areas as grade crossings, noise, and the safety of tracks 
and bridges. Thus, the City's concerns, should GNP's plans come to 
fruition, can be addressed under the appropriate regulations.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    This notice will be served on the Association of American Railroads 
(Car Service Division) as agent for all railroads subscribing to the 
car-service and car-hire agreement: Association of American Railroads, 
50 F Street, NW., Washington, DC 20001; and on the American Short Line 
and Regional Railroad Association: American Short Line and Regional 
Railroad Association, 50 F Street, NW., Suite 7020, Washington, DC 
20001.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 12, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-19051 Filed 8-15-08; 8:45 am]
BILLING CODE 4915-01-P