[Federal Register Volume 71, Number 2 (Wednesday, January 4, 2006)]
[Notices]
[Page 383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34804]


Central Washington Railroad Company and Columbia Basin Railroad 
Company, Inc.--Modified Rail Certificate

    On December 20, 2005, Central Washington Railroad Company (CWA) and 
Columbia Basin Railroad Company, Inc. (CBRW), Class III rail carriers, 
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 operate a rail line extending 
between milepost 0.0, near Toppenish, and milepost 20.56, near White 
Swan, in Yakima County, WA.
    In 1992, a petition for exemption to abandon the line was granted 
in Washington Central Railroad Company, Inc.--Abandonment Exemption--In 
Yakima County, WA, Docket No. AB-326X (ICC served Aug. 24, 1992). The 
State of Washington acquired the line pursuant to an offer of financial 
assistance in Washington Central Railroad Company, Inc.--Abandonment 
Exemption--In Yakima County, WA, In the Matter of an Offer of Financial 
Assistance, Docket No. AB-326X (ICC served Mar. 18, 1993), and the rail 
property was subsequently transferred to Yakima County. In 1994, the 
prior operator of the line received a modified rail certificate in 
Yakima Valley Rail and Steam Museum Association, d/b/a Toppenish, 
Simcoe & Western Railroad--Modified Rail Certificate, Finance Docket 
No. 32487 (ICC served Apr. 28, 1994). CWA and CBRW indicate that Yakima 
County has advised CWA that the termination of the lease agreement 
between Yakima County and the prior operator would be effective on 
December 21, 2005.
    CWA and CBRW state that CBRW, as lessee, and Yakima County, as 
owner, have executed a lease agreement governing the subject line. CWA, 
an affiliate of CBRW, has assumed CBRW's rights and obligations under 
the agreement, but CBRW retains lessee obligations under the agreement. 
The parties anticipate that CWA will be the operator over the line but, 
because CBRW retains lessee obligations under the agreement, CBRW is 
also seeking authority to operate over the rail line pursuant to a 
modified certificate. CWA and CBRW state that CWA anticipated 
commencing freight rail operations over the subject line on or after 
December 21, 2005. According to CWA and CBRW, the initial term of the 
agreement is for 4 years, which may be extended, upon the occurrence of 
certain conditions, for an additional 11 years; the agreement may be 
terminated earlier upon the occurrence of certain events described in 
the agreement.
    CWA and CBRW state that the line's only interline connection is 
with BNSF Railway Company (BNSF) at BNSF milepost 73.6 at Toppenish, 
WA.
    The rail segment qualifies for a modified certificate of public 
convenience and necessity. See Common Carrier Status of States, State 
Agencies and Instrumentalities and Political Subdivisions, Finance 
Docket No. 28990F (ICC served July 16, 1981).
    CWA and CBRW indicate that: (1) There are no subsidizers; (2) there 
are no preconditions for shippers to meet to receive rail service; and 
(3) they have obtained 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: Association of American Railroads, 
50 F Street, NW., Washington, DC 20001; and on the American Short Line 
and Regional Railroad Association: American Short Line and Regional 
Railroad Association, 50 F Street, NW., Suite 7020, Washington, DC 
20001.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 23, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-9 Filed 1-3-06; 8:45 am]
BILLING CODE 4915-01-P