[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Notices]
[Pages 2582-2583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-651]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35336]


YCR Corporation--Modified Rail Certificate--in Yakima County, WA

    On December 16, 2009, YCR Corporation (YCR),\1\ a noncarrier, filed 
a notice for a modified certificate of public convenience and necessity 
under 49 CFR 1150, Subpart C, Modified Certificate of Public 
Convenience and Necessity, to lease and operate a line of railroad 
between Wesley Junction at milepost 0.0 \2\ at Toppenish and milepost 
20.56 near White Swan, and an additional 1.63 miles of industrial spur 
near White Swan,\3\ for a total distance of 22.19 miles, in Yakima 
County, WA.
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    \1\ YCR is a profit corporation formed under the laws of the 
State of Washington.
    \2\ There is an interline connection with BNSF Railway Company 
(BNSF) at BNSF milepost 73.6 at Toppenish.
    \3\ On December 17, 2009, YCR filed an amendment to its 
application to correct the description of the line to include 1.63-
mile spur in the description in this notice.
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    The line was authorized for abandonment by the Board's predecessor 
agency, the Interstate Commerce Commission (ICC), in Washington Central 
Railroad Company, Inc.--Abandonment Exemption--in Yakima County, WA, 
Docket No. AB-326X (ICC served Aug. 24, 1992). Although authorized for 
abandonment, the line was subsequently acquired by the State of 
Washington pursuant to an offer of financial assistance in Washington 
Central Railroad Company, Inc.--Abandonment Exemption--in Yakima 
County, WA, In the Matter of an Offer of Financial Assistance, Docket 
No. AB-326X (ICC served March 18, 1993) and, according to YRC, 
transferred to the County of Yakima (the County). Previously, the line 
was operated by two other carriers under modified rail certificates.\4\
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    \4\ The Yakima Valley Rail and Steam Museum Association d/b/a 
Toppenish, Simcoe & Western Railroad (YVR) was issued a modified 
rail certificate to operate the line in Yakima Valley Rail and Steam 
Museum Association, d/b/a Toppenish, Simcoe & Western Railroad--
Modified Rail Certificate, Finance Docket No. 32487 (ICC served Apr. 
28, 1994). YCR states that YVR's lease with the County was 
terminated on December, 31, 2005. Shortly thereafter, the Central 
Washington Railroad Company and Columbia Basin Railroad Company, 
Inc. (CWA/CBRC), was issued a modified certificate to operate the 
line in Central Washington Railroad Company and Columbia Basin 
Railroad Company, Inc.--Modified Rail Certificate, STB Finance 
Docket No. 34804 (STB served Jan. 4, 2006). YCR states that CWA/
CBRC's lease with the County was terminated on December 20, 2009. On 
December 21, 2009, YCR became the operator of the line.
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    Pursuant to a lease agreement, YCR, as lessee, and the County, as 
owner,

[[Page 2583]]

have agreed that YCR will commence freight rail operation on or after 
December 21, 2009, for a term of 10 years, which may be extended, upon 
the occurrence of certain conditions, for an additional 5 years. Under 
the agreement, the parties may terminate the lease earlier upon the 
occurrence of certain events (i.e., a final and non-appealable order by 
the Board, court, or other administrative agency that terminates YCR's 
authority or ability to provide rail freight services on the line). As 
operator of the line, YCR will provide rail freight service over the 
line's only interline connection with BNSF at BNSF milepost 73.6, at 
Toppenish.\5\
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    \5\ In its December 17, 2009 amendment to its application, YCR 
also advises the Board that it intends to enter into an interchange 
agreement with BNSF, imposing no interchange commitment. YCR states 
that it will advise the Board in the event that the final 
interchange agreement differs from what is represented here.
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    This transaction is related to the verified notice of exemption 
filed in STB Finance Docket No. 35337, Paul Didelius--Continuance in 
Control Exemption--YCR Corporation (STB served Dec. 31, 2009), wherein 
Paul Didelius seeks to continue in control of YCR, upon YCR becoming a 
Class III rail carrier.
    The rail segment qualifies for a modified certificate of public 
convenience and necessity. See Common Carrier Status of States, State 
Agencies and Instrumentalities and Political Subdivisions, Finance 
Docket No. 28990F (ICC served July 16, 1981).
    YCR states that no subsidy is involved and that there are no 
preconditions for shippers to meet in order to receive rail service. 
YCR also states that the agreement requires it to obtain liability 
insurance coverage.
    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 at 50 F Street, NW., Washington, DC 
20001; and on the American Short Line and Regional Railroad Association 
at 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: January 12, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-651 Filed 1-14-10; 8:45 am]
BILLING CODE 4915-01-P