[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76266-76267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24479]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1331]


Snohomish County--Adverse Abandonment--GNP RLY, Inc., in 
Snohomish County, Wash.

    On October 17, 2023, Snohomish County (the County), a noncarrier, 
filed

[[Page 76267]]

an application under 49 U.S.C. 10903 requesting that the Surface 
Transportation Board (the Board) authorize the third-party, or 
``adverse,'' abandonment of an approximately 11.9-mile segment of a 
freight rail easement owned by GNP RLY, Inc. (GNP), and located between 
milepost 26.38 and milepost 38.25, in Snohomish County, Wash. (the Line 
or the Snohomish Segment of the Easement). The Line traverses U.S. 
Postal Service Zip Codes 98290, 98296, and 98072.
    The County explains that in a series of transactions recorded on 
December 21, 2009, under the Board's line of precedent in Maine, 
Department of Transportation--Acquisition & Operation Exemption--Maine 
Central Railroad, 8 I.C.C.2d 835 (1991), BNSF Railway Company sold the 
physical assets of a rail line between milepost 23.8 in Woodinville, 
Wash., and milepost 38.25 in Snohomish, Wash., to the Port of Seattle 
(the Port); GNP acquired a permanent freight rail easement for the 
entirety of that rail line (the Easement); and GNP entered into an 
operations and maintenance agreement with the Port. The County states 
that the Easement is subject to a covenant, binding on all successors, 
requiring the holder of the Easement, upon cessation of rail service, 
either to seek voluntary abandonment authority and, upon request, to 
cooperate in railbanking the rail line pursuant to the National Trails 
System Act (Trails Act), 16 U.S.C. 1247(d), or to cooperate in an 
adverse abandonment proceeding and, upon request, railbanking of the 
rail line. According to the County, in 2015, it purchased the physical 
assets of the Snohomish Segment from the Port, and the City of 
Woodinville (Woodinville) purchased the physical assets of the segment 
of the rail line between milepost 23.8 and milepost 26.38 in 
Woodinville, Wash. (the Woodinville Segment).
    The County notes that GNP was authorized to abandon the Woodinville 
Segment of the Easement in Docket No. AB 1316X, and GNP and Woodinville 
subsequently entered an interim trail use/railbanking agreement 
covering that segment. The County explains that it is now seeking 
adverse abandonment of the Snohomish Segment of the Easement so that 
segment can also be railbanked, as required by the covenant in the deed 
from BNSF to the Port creating the Easement and by a settlement 
agreement the County and GNP entered prior to the County filing its 
application. The County states that GNP supports and does not oppose 
the County's adverse abandonment application and agrees to cooperate 
with the County to pursue interim trail use/railbanking of the Line 
under the Trails Act.
    In a decision served in this proceeding on May 23, 2023, the County 
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 the County's anticipated 
application.
    According to the County, the Line may contain federally granted 
rights of way. The County states that any documentation in its 
possession will be made available promptly to those requesting it. The 
County'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 December 1, 2023. 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. The County's reply is due 
by December 18, 2023.
    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 December 1, 2023,\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 1331, 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 
the County's representative, Charles H. Montagne, 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 abandonment proceeding 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 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 www.stb.gov.

    Decided: November 1, 2023.
    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2023-24479 Filed 11-3-23; 8:45 am]
BILLING CODE 4915-01-P