[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35919-35920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09578]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1305 (Sub No. 1)]


Great Redwood Trail Agency--Adverse Abandonment--Mendocino 
Railway in Mendocino County, Cal.

    On April 12, 2024, Great Redwood Trail Agency (GRTA), a public 
agency created by the State of California, filed an application under 
49 U.S.C. 10903 requesting that the Surface Transportation Board 
(Board) authorize the third-party, or ``adverse,'' abandonment of an 
approximately 40-mile rail line owned by Mendocino Railway (MR) that 
extends between milepost 0 at Fort Bragg and milepost 40 at Willits, in 
Mendocino County, Cal. (the Line). The Line traverses U.S. Postal 
Service Zip Codes 95437 and 95490.
    According to GRTA, the Line has not been used for Board-regulated 
rail transportation for over 20 years. GRTA states no rail shipments 
have originated or terminated on the Line since it was purchased out of 
bankruptcy by MR in 2004, see Mendocino Ry.--Acquis. Exemption--Assets 
of the Cal. W. R.R., FD 34465 (STB served Apr. 9, 2004), and that the 
last business to use the Line ceased operations in 2002. GRTA also 
states MR has no reasonable prospects for future business along the 
Line as there is no need for rail service in this area, and that the 
Line is no longer connected to the interstate freight rail system.
    GRTA explains that it is seeking adverse abandonment to support the 
transformation of a connecting 307-mile rail line (the GRTA Line) into 
a trail. According to the application, under California law, GRTA must 
seek abandonment of the GRTA Line and seek railbanking thereon. Without 
the abandonment of the Line, GRTA states it would be prohibited from 
seeking abandonment of a portion of the GRTA Line because such action 
would leave the Line stranded from the interstate rail network.
    In a decision served in this proceeding on August 21, 2023, 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 does not contain any federally granted 
rights-of way. GRTA states that any documentation in its possession 
will be made available promptly to those requesting it. GRTA's entire 
case-in-chief for adverse abandonment 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 abandonment or protests (including protestant's entire 
opposition case) by May 28, 2024. Persons who may oppose the proposed 
adverse abandonment 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 abandonment 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 June 11, 
2024.
    Any request for an interim trail use/railbanking condition under 16 
U.S.C. 1247(d) and 49 CFR 1152.29 must be filed by May 28, 2024,\1\ and 
should address whether the issuance of a certificate of interim trail 
use or abandonment in this case would be consistent with the grant of 
an adverse abandonment application.
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    \1\ Filing fees for interim trail use/railbanking requests can 
be found at 49 CFR 1002.2(f)(27).
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    All pleadings, referring to Docket No. AB 1305 (Sub-No. 1), should 
be filed with the Surface Transportation Board either 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, Daniel Elliott, GKG Law, P.C., 1055 
Thomas Jefferson Street NW, Suite 620, Washington, DC 20007. 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 abandonment 
proceeding. See 49 CFR 1104.12(a).
    A Draft Environmental Assessment (EA) (or environmental impact 
statement (EIS), if necessary) prepared by the Board's Office of 
Environmental Analysis (OEA) will be served upon all parties of record 
and upon any agencies or other persons who commented during its 
preparation. Any other persons who would like to obtain a copy of the 
Draft EA (or EIS) may contact OEA by phone at the number listed below. 
Draft EAs normally will be made available within 33 days of the filing 
of the application, and the deadline for submission of comments on the 
Draft EA will generally be within 30 days of its service. The comments 
received will

[[Page 35920]]

be addressed in a Final EA (or EIS) and the Board's decision. A 
Supplemental Final EA (or EIS) may be issued where appropriate.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment regulations at 49 CFR part 1152. Questions concerning 
environmental issues may be directed to OEA at (202) 245-0305. If you 
require an accommodation under the Americans with Disabilities Act, 
please call (202) 245-0245.
    Board decisions and notices are available at www.stb.gov.

    Decided: April 29, 2024.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2024-09578 Filed 5-1-24; 8:45 am]
BILLING CODE 4915-01-P