[Federal Register Volume 85, Number 112 (Wednesday, June 10, 2020)]
[Notices]
[Pages 35493-35494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12504]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1295X]


City of Yelm--Abandonment Exemption--in Thurston and Pierce 
Counties, Wash.

    The City of Yelm (the City) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon an approximately 4.57-mile railroad line that runs between 
milepost 20.99, near Roy, Wash., and milepost 25.56, in Yelm, Wash. 
(the Line). The Line traverses U.S. Postal Service Zip Codes 98597 and 
98580.\1\
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    \1\ Although the City initially submitted its verified notice on 
May 5, 2020, it subsequently submitted several supplements, the last 
of which was submitted on May 21, 2020. As such, that date will be 
considered the filing date and the basis for all dates in this 
notice.
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    The City has certified that: (1) No freight traffic has moved over 
the Line for two years; (2) any overhead freight traffic on the Line 
can be rerouted over other lines; (3) no formal complaint filed by a 
user of rail service on the Line (or a State or local government entity 
acting on behalf of such user) regarding cessation of service over the 
Line either is pending with the Surface Transportation Board or any 
U.S. District Court or has been decided in favor of a complainant 
within the two-year period; and (4) the requirements at 49 CFR 1105.7 
and 1105.8 (notice of environmental and historic report), 49 CFR 
1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to 
government agencies) have been met.
    Any railroad employees who may be adversely affected by the 
proposed abandonment will 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,\2\ the exemption will be 
effective on July 10, 2020, unless stayed pending reconsideration.\3\ 
Petitions to stay that do not involve environmental issues must be 
filed by June 19, 2020,\4\ and formal expressions of intent to file an 
OFA under 49 CFR 1152.27(c)(2) and interim trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by June 22, 2020.\5\ 
Petitions to reopen or requests for public use conditions must be filed 
by June 30, 2020, with the

[[Page 35494]]

Surface Transportation Board, 395 E Street SW, Washington, DC 20423-
0001.
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    \2\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ The City states in its verified notice that the proposed 
consummation date of this transaction is May 1, 2020, but this 
transaction cannot be consummated until July 10, 2020 (50 days from 
the May 21, 2020 filing date). See 49 CFR 1152.50(d)(2).
    \4\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any 
request for a stay should be filed as soon as possible so that the 
Board may take appropriate action before the exemption's effective 
date.
    \5\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
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    A copy of any petition filed with the Board should be sent to the 
City's representative, Brent Dille, Dille Law, PLLC, 2010 Caton Way SW, 
Suite 101, Olympia, WA 98502.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    The City has filed a combined environmental and historic report 
that addresses the potential effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue a Draft 
Environmental Assessment (EA) by June 15, 2020. The Draft EA will be 
available to interested persons on the Board's website, by writing to 
OEA, or by calling OEA at (202) 245-0305. Assistance for the hearing 
impaired is available through the Federal Relay Service at (800) 877-
8339. Comments on environmental and historic preservation matters must 
be filed within 15 days after the Draft EA becomes available to the 
public.
    Environmental, historic preservation, public use, or interim trail 
use/rail banking conditions will be imposed, where appropriate, in a 
subsequent decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), the City shall 
file a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the Line. If 
consummation has not been effected by the City's filing of a notice of 
consummation by June 10, 2021, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: June 4, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2020-12504 Filed 6-9-20; 8:45 am]
BILLING CODE 4915-01-P