Notice2023-09076
GNP RLY, Inc.-Abandonment Exemption-in King County, Wash.
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
April 28, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 82 (Friday, April 28, 2023)</title>
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[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Notices]
[Pages 26375-26376]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09076]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1316X]
GNP RLY, Inc.--Abandonment Exemption--in King County, Wash.
GNP RLY, Inc. (GNP), has filed a verified notice of exemption under
49 CFR part 1152 subpart F--Exempt Abandonments to abandon an
approximately 2.58-mile segment of a freight rail easement between
milepost 23.8 and milepost 26.38, along with a spur that extends into
Bothell, Wash., all in Woodinville, King County, Wash. (the Line). The
Line traverses U.S. Postal Service Zip Code 98072.
GNP has certified that: (1) no local traffic has moved over the
Line for at least two years; (2) there is no overhead traffic on the
Line, as the Line is stub-ended at its southern terminus; (3) no formal
complaint filed by a user of rail service on the Line (or by a state or
local government entity acting on behalf of such user) regarding
cessation of service over the Line either is pending with the Surface
Transportation Board (Board) or with any U.S. District Court, or has
been decided in favor of a complainant within the two-year period; and
(4) the requirements at 49 CFR 1105.7(b) and 1105.8(c) (notice of
environmental and historic reports), 49 CFR 1105.12 (newspaper
publication), and 49 CFR 1152.50(d)(1) (notice to government agencies)
have been met.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in
Bingham & Bonneville Counties, Idaho, 360 I.C.C.
[[Page 26376]]
91 (1979). To address whether this condition adequately protects
affected employees, a petition for partial revocation under 49 U.S.C.
10502(d) must be filed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received,\1\ this exemption will be
effective on May 28, 2023, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues must be
filed by May 8, 2023.\2\ Formal expressions of intent to file an OFA
under 49 CFR 1152.27(c)(2) and interim trail use/rail banking requests
under 49 CFR 1152.29 must be filed by May 8, 2023.\3\ Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by May 18, 2023.
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\1\ Persons interested in submitting an OFA must first file a
formal expression of intent to file an offer, indicating the type of
financial assistance they wish to provide (i.e., subsidy or
purchase) and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\2\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Office of Environmental Analysis (OEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible so that the
Board may take appropriate action before the exemption's effective
date.
\3\ Filing fees for OFAs and trail use requests can be found at
49 CFR 1002.2(f)(25) and (27), respectively.
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All pleadings, referring to Docket No. AB 1316X, must 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
GNP's representative, James H.M. Savage, 22 Rockingham Court,
Germantown, MD 20874.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
GNP has filed a combined environmental and historic report that
addresses the potential effects, if any, of the abandonment on the
environment and historic resources. OEA will issue a Draft
Environmental Assessment (Draft EA) by April 25, 2023. The Draft EA
will be available to interested persons on the Board's website, by
writing to OEA, or by calling OEA at (202) 245-0294. Assistance for the
hearing impaired is available through the Federal Relay Service at
(800) 877-8339. Comments on environmental or historic preservation
matters must be filed within 15 days after the Draft EA becomes
available to the public.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), GNP shall file
a notice of consummation with the Board to signify that it has
exercised the authority granted and fully abandoned the Line. If
consummation has not been effected by GNP's filing of a notice of
consummation by May 28, 2024, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: April 25, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-09076 Filed 4-27-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on April 28, 2023.
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