[Federal Register Volume 75, Number 137 (Monday, July 19, 2010)]
[Notices]
[Page 41922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17496]



[[Page 41922]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1061X]


Central Washington Railroad Company--Discontinuance of Trackage 
Rights Exemption--in Yakima County, WA

    Central Washington Railroad Company (CWRR) \1\ has filed a verified 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments 
and Discontinuances of Service to discontinue trackage rights over 2.25 
miles of rail lines owned by Union Pacific Railroad Company (UP), 
consisting of 1.45 miles between UP milepost 57.3 and UP milepost 58.75 
in Grandview, Wash., and 0.8 miles between UP milepost 62.75 and UP 
milepost 63.55 at Midvale, Wash.\2\ The lines traverse United States 
Postal Service Zip Code 98930.
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    \1\ CWRR acquired the trackage rights in Central Washington 
Railroad Company--Lease and Operation Exemption--The Burlington 
Northern and Santa Fe Railway Company, FD 34640 (STB served Jan. 21, 
2005).
    \2\ UP was authorized to abandon the 1.45-mile line of railroad 
in Union Pacific Railroad Company--Abandonment Exemption--in Yakima 
County, Wash., AB 33 (Sub-No. 285X) (STB served June 22, 2010), and 
the 0.8-mile line of railroad in Union Pacific Railroad Company--
Abandonment Exemption--in Yakima County, Wash., AB 33 (Sub-No. 286X) 
(STB served June 22, 2010). In each notice, UP was advised it could 
not consummate the abandonment while existing trackage rights 
remained in effect.
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    CWRR has certified that: (1) No local traffic has moved over the 
lines for at least 2 years; (2) no overhead traffic has moved over the 
lines for at least 2 years; (3) no formal complaint filed by a user of 
rail service on the lines (or by a state or local government entity 
acting on behalf of such user) regarding cessation of service over the 
lines either is pending with the 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 at 49 CFR 1105.12 (newspaper publication), and 
49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, 
in Bingham & Bonneville Counties, Idaho, 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, this exemption will be 
effective on August 18, 2010, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2) \3\ must be filed by July 29, 2010.\4\ Petitions 
to reopen must be filed by August 9, 2010, with: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 49 CFR 
1105.8(b), respectively.
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    A copy of any petition filed with the Board should be sent to 
CWRR's representative: Karl Morell, Ball Janik LLP, 1455 F St., NW., 
Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 14, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-17496 Filed 7-16-10; 8:45 am]
BILLING CODE 4915-01-P