Notice2023-02875
Yak Rail LLC-Modified Rail Certificate
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 28 (Friday, February 10, 2023)</title>
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[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Page 8983]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02875]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36663]
Yak Rail LLC--Modified Rail Certificate
On January 27, 2023, Yak Rail LLC (Yak Rail),\1\ a noncarrier,
filed a notice for a modified certificate of public convenience and
necessity under 49 CFR part 1150 subpart C--Modified Certificate of
Public Convenience and Necessity, to lease and operate a line of
railroad owned by Yakima County, originating at BNSF Railway Company
(BNSF) milepost 73.6 at Wesley Junction near Toppenish \2\ and
extending west 20.56 miles to White Swan (the Line), and an additional
1.63 miles of industrial spur near White Swan, for a total distance of
22.19 miles in Yakima County, Wash.
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\1\ Yak Rail is a new entity formed as a limited liability
company under the laws of the State of Washington.
\2\ The lease agreement refers to this point as milepost 0.0.
(See Verified Notice, Ex. B at 1.)
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The Line was authorized for abandonment by the Board's predecessor
agency, the Interstate Commerce Commission, in Washington Central
Railroad--Abandonment Exemption--in Yakima County, Wash., AB 326X (ICC
served Aug. 24, 1992). Although authorized for abandonment, the Line
was subsequently acquired by the State of Washington pursuant to an
offer of financial assistance in Washington Central Railroad--
Abandonment Exemption--in Yakima County, Wash., AB 326X (ICC served
March 18, 1993), and according to Yak Rail, transferred to Yakima
County (the County). Previously, the Line was operated by three other
carriers under modified rail certificates.\3\
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\3\ See Yakima Valley Rail & Steam Museum Ass'n.--Modified Rail
Certificate, FD 32487 (ICC served Apr. 28, 1994); Cent. Wash. R.R.--
Modified Rail Certificate, FD 34804 (STB served Jan. 4, 2006); YCR
Corp.--Modified Rail Certificate--in Yakima Cnty., Wash., FD 35336
(STB served Jan. 15, 2010).
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Pursuant to a lease agreement, Yak Rail and the County have agreed
that Yak Rail will commence freight rail operation on or after January
27, 2023, for an initial term of 10 years, which may be extended, upon
the occurrence of certain conditions, for an additional five years.
Under the agreement, the parties may terminate the lease earlier upon
the occurrence of certain events (i.e., a final and non-appealable
order by the Board, court, or other administrative agency that
terminates Yak Rail's authority or ability to provide rail freight
services on the Line). (See Verified Notice, Ex. B at 9.) \4\
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\4\ As operator of the Line, Yak Rail will provide rail freight
service over the Line's only interline connection with BNSF at BNSF
milepost 73.6, at Toppenish. Yak Rail advises the Board that it
intends to enter into an interchange agreement with BNSF, imposing
no interchange commitment. Yak Rail states that it will advise the
Board in the event that the final interchange agreement differs from
what it represented here.
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This transaction is related to the verified notice of exemption
filed in CWW LLC--Continuance in Control Exemption--Yak Rail LLC,
Docket No. FD 36664, in which CWW LLC seeks to continue in control of
Yak Rail, upon Yak Rail's becoming a Class III rail carrier.
The Line qualifies for a modified certificate of public convenience
and necessity. See Common Carrier Status of States, State Agencies &
Instrumentalities & Pol. Subdivs., FD 28990F (ICC served July 16,
1981); 49 CFR 1150.22.
Yak Rail states that no entity is subsidizing Yak Rail's freight
operations on the Line and that there are no preconditions for shippers
to meet in order to receive rail service from Yak Rail. Yak Rail also
states that the agreement requires it to obtain liability insurance
coverage.
This notice will be served on the Association of American Railroads
(Car Service Division), as agent for all railroads subscribing to the
car-service and car-hire agreement, at 425 Third Street SW, Suite 1000,
Washington, DC 20024; and on the American Short Line and Regional
Railroad Association at 50 F Street NW, Suite 500, Washington, DC
20001.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: February 7, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-02875 Filed 2-9-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on February 10, 2023.
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