Notice2024-09578
Great Redwood Trail Agency-Adverse Abandonment-Mendocino Railway in Mendocino County, Cal.
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
May 2, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 86 (Thursday, May 2, 2024)</title>
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[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35919-35920]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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</html>Indexed from Federal Register on May 2, 2024.
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