[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Notices]
[Page 57327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23370]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35407]


GNP Rly, Inc.--Acquisition and Operation Exemption--Redmond Spur 
and Woodinville Subdivision

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of exemption, request for comments.

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SUMMARY: On August 24, 2010, GNP Rly, Inc. (GNP), a Class III rail 
carrier, filed a petition under 49 U.S.C. 10502 for exemption from the 
provisions of 49 U.S.C. 10902 to acquire and resume rail service over 2 
segments of railbanked railroad right-of-way (ROW) totaling 9.1 miles, 
consisting of: (1) A ROW extending from milepost 0.0, at Woodinville, 
Wash., to approximately milepost 7.30 at Redmond, Wash. (Redmond Spur); 
and (2) a ROW extending from milepost 23.8 to milepost 22.0, at or near 
Woodinville (Woodinville Subdivision).\1\ The petition for exemption 
was filed concurrently with GNP's petition to vacate in part the NITUs 
issued for the Redmond Spur and a longer segment of the Woodinville 
Subdivision (extending from milepost 23.8 to milepost 11.25). Those 
NITUs permitted railbanking/interim trail use negotiations under the 
Trails Act, 16 U.S.C. 1247(d). The Board seeks comments from interested 
persons on GNP's request to resume rail service and partially vacate 
the NITUs.
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    \1\ These segments were the subjects of abandonment proceedings 
and notices of interim trail use (NITUs) in BNSF Railway Company--
Abandonment Exemption--in King County, Wash., AB 6 (Sub-No. 463X) 
and BNSF Railway Company--Abandonment Exemption--in King County, 
Wash., AB 6 (Sub-No. 465X).

DATES: Written comments must be filed with the Board by October 20, 
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2010. Replies must be filed by November 19, 2010.

ADDRESSES: Comments may be submitted either via the Board's e-filing 
format or in the traditional paper format. Any person using e-filing 
should attach a document and otherwise comply with the instructions at 
the E-FILING link on the Board's Web site, at http://www.stb.dot.gov. 
Any person submitting a filing in the traditional paper format should 
send an original and 10 copies to: Surface Transportation Board, Attn: 
Docket No. FD 35407, 395 E Street, SW., Washington, DC 20423-0001.
    In addition, send one copy of any comments to: (1) John Heffner, 
1750 K Street, NW., Suite 200, Washington, DC 20006; (2) Charles A. 
Spitulnik, Kaplan Kirsch & Rockwell LLP, 1001 Connecticut Avenue, NW., 
Suite 800, Washington, DC 20036; (3) Craig Watson, Port of Seattle, 
Pier 69, P.O. Box 1209, Seattle, WA 98111; and (4) Kristy Clark, BNSF 
Railway Company, 2500 Lou Menk Drive, AOB-3, Fort Worth, TX 76131.

FOR FURTHER INFORMATION CONTACT: Julia Farr at 202-245-0359. Assistance 
for the hearing impaired is available through the Federal Information 
Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: On August 24, 2010, GNP filed a petition 
under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 
10902 to acquire the ``residual common carrier rights and 
obligations,'' including the right to reinstate rail service over the 
Redmond Spur and a portion of the Woodinville Subdivision. These 
segments are currently subject to an interim trail use agreement 
between BNSF Railway Company (BNSF) and King County, a political 
subdivision of the State of Washington. The Port of Seattle (Port) owns 
the real estate associated with the lines, which it acquired from 
BNSF.\2\ In King County, Wash.--Acquisition Exemption--BNSF Railway 
Company, FD 35148 (STB served Sept. 18, 2009), the Board granted the 
request by King County for exemption from 49 U.S.C. 10901 to acquire 
BNSF's rights and obligations, including the right to reinstate rail 
service in the future.
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    \2\ The Port of Seattle--Acquis. Exemption--Certain Assets of 
BNSF Ry., FD 35128 (STB served June 20, 2008).
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    GNP's petition presents this issue: Under what circumstances will 
the Board grant a carrier's request to vacate a NITU to permit 
reactivation of rail service, when the petitioning carrier does not own 
or have any other interest in the ROW? An interim trail use arrangement 
is subject to being cut off at any time by the reinstitution of 
service. Here, the abandoning railroad (BNSF) has transferred its 
rights and obligations, including the right to reinstate rail service, 
to King County (the trail sponsor), and a different carrier, GNP, seeks 
to reinstitute service.
    GNP states that 2 customers have requested service: Drywall 
Distributors, a supplier of drywall products, which anticipates 
receiving 40 carloads per year; and Building Specialties, a distributor 
of building products, located in the industrial park formerly served by 
BNSF, which also anticipates receiving 40 carloads per year. GNP 
includes a statement in support of its petition from Wallace/Knutsen 
L.L.C., owner of the industrial park located on the Redmond Spur. In 
anticipation of reactivation of rail service on the Redmond Spur, 
Wallace/Knutsen L.L.C. has leased to GNP an unused rail spur that 
crosses the industrial park and connects to the Redmond Spur.
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by June 15, 2011.

    Decided: September 14, 2010.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-23370 Filed 9-17-10; 8:45 am]
BILLING CODE 4915-01-P