Notice2022-13670
Great Redwood Trail Agency-Adverse Discontinuance of Lease & Operating Authority-Northwestern Pacific Railway Co., in Humboldt, Trinity and Mendocino Counties, Cal.
Primary source
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Published
June 27, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 122 (Monday, June 27, 2022)</title>
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[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Notices]
[Pages 38252-38253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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