[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Notices]
[Pages 38252-38253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13670]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1313]


Great Redwood Trail Agency--Adverse Discontinuance of Lease & 
Operating Authority--Northwestern Pacific Railway Co., in Humboldt, 
Trinity and Mendocino Counties, Cal.

    On June 7, 2022, the Great Redwood Trail Agency (GRTA), formerly 
known as North Coast Railroad Authority (NCRA),\1\ 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 Northwestern Pacific Railway Company 
(NWPY) over a GRTA rail line extending from milepost 142.5, at Outlet 
Station, to the end of the line at milepost 300.5,\2\ on the Samoa 
Branch, including the Korblex Branch and the Carlotta Branch in 
Mendocino, Trinity, and Humboldt Counties, Cal.\3\ (the Line). The Line 
traverses U.S. Postal Service Zip Codes 95429, 95595, 95454, 95542, 
95560, 95559, 95553, 95571, 95569, 95565, 95562, 95540, 95551, 95537, 
95564, 95524, 95521, 95519, 95525, 95501, 95503, 95526, 95514, 95511, 
and 95490.
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    \1\ GRTA notes its name was changed from NCRA to GRTA effective 
March 1, 2022. (GRTA Appl. 2 n.1.) The proceeding has been 
recaptioned accordingly.
    \2\ GRTA previously stated that it sought discontinuance of 
NWPY's operating authority to milepost 302.86. (Pet. 2.) However, 
the Board has since found that that the track extending between 
milepost 300.5 and milepost 302.86 is ancillary track that was never 
subject to the agency's regulatory authority. See N. Coast R.R. 
Auth.--Aban. Exemption--in Mendocino, Trinity, & Humboldt Cntys., 
Cal., AB 1305X, slip op. at 6 (STB served May 17, 2022).
    \3\ In a separate docket, GRTA received authority to abandon 
approximately 169.61 miles extending between milepost 139.5, near 
Willits and milepost 284.1, near Eureka, including appurtenant 
branch lines extending to milepost 267.72 near Carlotta, milepost 
295.57 near Korblex, and milepost 300.5 near Samoa. The Board noted, 
however, that GRTA may not consummate the abandonment until all 
operating authority on the Line has been terminated. See N. Coast 
R.R. Auth.--Aban. Exemption--in Mendocino, Trinity, & Humboldt 
Cntys., Cal., AB 1305X, slip op. at 4 n.6 (STB served May 20, 2022).
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    GRTA explains that it acquired the Line in 1992 from the Eureka 
Southern Railroad, see N. Coast R.R. Auth.--Acquis. & Operation 
Exemption--Eureka S. R.R., FD 32052 (ICC served Apr. 23, 1992), and 
that, thereafter, NWPY sought authority to lease and operate the Line, 
see Nw. Pac. Ry.--Lease & Operation Exemption--N. Coast R.R. Auth., FD 
33998 (STB served Feb. 6, 2001). GRTA asserts that NWPY's lease 
terminated in 2005, that NWPY's business status is listed by the 
California secretary of state as ``forfeited,'' and that John Darling, 
NWPY's longtime principal and last stated agent for service of process, 
died in 2010.\4\ Thus, GRTA now seeks adverse discontinuance of NWPY's 
operating authority over the Line.
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    \4\ According to GRTA, NWPY never provided freight rail service 
or any other operations on the Line due to, among other things, an 
emergency order imposed by the Federal Railroad Administration 
prohibiting railroad operations on the Line. See Nw. Pac. R.R.; 
Emergency Ord. to Prevent Operation of Trains on Nw. Pac. R.R.'s 
Trackage from Arcata, Cal. to Milepost 63.4 Between Schellville & 
Napa Junction, Cal., 63 FR 67,976 (Dec. 9, 1998).
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    In a decision served in this proceeding on March 4, 2022, GRTA was 
granted exemptions from several statutory provisions as well as waivers 
of certain Board regulations that the Board concluded were inapplicable 
and unneeded in connection with GRTA's anticipated application.
    According to GRTA, the Line may contain federally granted rights-
of-way, and any documentation in GRTA's possession will be made 
available promptly to those requesting it. GRTA's entire case for 
discontinuance was filed with the application.
    The interests of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    Any interested person may file comments concerning the proposed 
adverse discontinuance or protests (including protestant's entire 
opposition case) by July 22, 2022. 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. GRTA's reply is due by August 
8, 2022.
    All pleadings, referring to Docket No. AB 1313, must be filed with 
the Surface Transportation Board via e-filing on the Board's website or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on GRTA's 
representative, Charles H. Montange, Law Offices of Charles H. 
Montange, 426 NW 162nd Street, Seattle, WA 98177. Except as otherwise 
set forth in 49 CFR part 1152, every document filed with the Board must 
be served on all parties to this adverse discontinuance proceeding. 49 
CFR 1104.12(a).

[[Page 38253]]

    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 part 1152. Assistance for the 
hearing impaired is available through the Federal Relay Service at 
(800) 877-8339.
    Board decisions and notices are available at www.stb.gov.

    Decided: June 17, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2022-13670 Filed 6-24-22; 8:45 am]
BILLING CODE 4915-01-P