[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