[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Notices]
[Pages 10169-10170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05154]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1270]


Port of Benton, Wash.--Adverse Discontinuance of Rail Service--
Tri-City Railroad Company, LLC

    On February 27, 2019, the Port of Benton, Wash. (the Port), filed 
an application under 49 U.S.C. 10903 requesting that the Surface 
Transportation Board (the Board) authorize the third-party, or 
``adverse,'' discontinuance of operating authority held by Tri-City 
Railroad Company, LLC (Tri-City), a Class III carrier, over 
approximately 10.89 miles of main line track (16 miles including 
sidings and connecting spur tracks), from MP 18.84 at Richland Junction 
to MP 29.73 at Horn Rapids Road in Richland, Wash. (the Line). The Line 
traverses U.S. Postal Service Zip Codes 99336, 99352, and 99354, and 
includes the stations of: (1) Richland Junction (MP 18.84); (2) Steptoe 
Street (MP 19.63); (3) Irrigation Canal Bridge (MP 19.74); (4) Columbia 
Park Trail Overpass (MP 19.96); (5) Yakima River Bridge (MP 21.0); (6) 
Pedestrian Bike Path (MP 21.14); (7) City Dock (MP 21.51); (8) Jadwin 
Avenue (MP 22.03); (9) Berry's Overpass Bridge (MP 22.64); (10) 
Duportail Street (MP 23.60); (11) Cemetery Road (MP 24.47); (12) Van 
Giesen Street (MP 25.45); (13) Airport Way (MP 26.04); (14) Lamb Weston 
(MP 26.46); (15) ConAgra (no milepost); (16) Saint Street (MP 26.92); 
(17) State Highway 240 (MP 26.97); (18) Tri-City Yard (MP 27.40); (19) 
N. Ladder (MP 28.59); (20) City Track (MP W28.9); (21) Battelle Blvd. 
(MP 29.22); and (22) Horn Rapids Road (MP 29.73).
    According to the Port, it acquired the Line in 1998, with BNSF 
Railway Company (BNSF) and Union Pacific Railroad Company (UP) as 
operators on the Line. The Port states that, pursuant to a 2002 lease, 
Tri-City began operating over and maintaining the Line. The Port now 
seeks Board authority through an adverse discontinuance proceeding to 
terminate Tri-City's regulatory authority

[[Page 10170]]

to lease and operate the Line. The Port asserts that service to 
customers will not be affected because both BNSF and UP hold operating 
rights to serve all customers and have stated their willingness to 
provide all service once Tri-City's service ends.
    In decisions served in this proceeding on October 31, 2018, and 
February 21, 2019, the Port was granted exemptions from several 
statutory provisions as well as waivers of certain Board regulations 
that the Board concluded were unnecessary, difficult, or impossible for 
the Port to comply with in filing its application.
    According to the Port, the Line does not contain federally granted 
rights-of-way. Any documentation in the Port's possession will be made 
available promptly to those requesting it. The Port's entire case for 
discontinuance was filed with the application.
    Any interested person may file written comments concerning the 
proposed adverse discontinuance or protests (including protestant's 
entire opposition case) by April 15, 2019. Persons who may oppose the 
proposed adverse discontinuance but who do not wish to participate 
fully in the process by submitting verified statements of witnesses 
containing detailed evidence should file comments. Persons opposing the 
proposed adverse discontinuance who wish to participate actively and 
fully in the process should file a protest, observing the filing, 
service, and content requirements of 49 CFR 1152.25. The Port's reply 
is due by April 29, 2019.
    All filings in response to this notice must refer to Docket No. AB 
1270 and must be sent to: (1) Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001; (2) John D. Heffner, Clark Hill, 
PLC, 1001 Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004; 
and (3) Eric Hocky, Clark Hill, PLC, 2005 Market Street, Philadelphia, 
PA 19103.
    Filings may be submitted either via the Board's e-filing format or 
in the traditional paper format. Any person using e-filing should 
comply with the instructions found on the Board's website at 
www.stb.gov, at the ``E-FILING'' link. Any person submitting a filing 
in the traditional paper format should send the original and 10 copies 
of the filing to the Board with a certificate of service. Except as 
otherwise set forth in 49 CFR pt. 1152, every document filed with the 
Board must be served on all parties to this adverse discontinuance 
proceeding. 49 CFR 1104.12(a).
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full discontinuance regulations at 49 CFR pt. 1152. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1-800-877-8339.
    Board decisions and notices are available at www.stb.gov.

    Decided: March 14, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-05154 Filed 3-18-19; 8:45 am]
BILLING CODE 4915-01-P