|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|GNP RLY, INC.--ACQUISITION AND OPERATION EXEMPTION--REDMOND SPUR AND WOODINVILLE SUBDIVISION|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT GNP RLY, INC. FILED A PETITION FOR EXEMPTION TO ACQUIRE AND RESUME RAIL SERVICE OVER 2 SEGMENTS OF RAILBANKED RAILROAD RIGHT-OF-WAY TOTALING 9.1 MILES AT OR NEAR REDMOND AND WOODINVILLE, WASH. AND REQUEST FOR COMMENTS.|
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|Full Text of Decision|
41076 SERVICE DATE – SEPTEMBER 15, 2010
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35407]
GNP Rly, Inc. — Acquisition and Operation Exemption —
AGENCY: Surface Transportation Board.
ACTION: Notice of exemption, request for comments.
SUMMARY: On August 24, 2010, GNP Rly, Inc. (GNP), a Class III rail carrier, filed a petition under 49 U.S.C. § 10502 for exemption from the provisions of 49 U.S.C. § 10902 to acquire and resume rail service over 2 segments of railbanked railroad right-of-way (ROW) totaling 9.1 miles, consisting of: 1) a ROW extending from milepost 0.0, at Woodinville, Wash., to approximately milepost 7.30 at Redmond, Wash. (Redmond Spur); and 2) a ROW extending from milepost 23.8 to milepost 22.0, at or near Woodinville (Woodinville Subdivision). The petition for exemption was filed concurrently with GNP’s petition to vacate in part the NITUs issued for the Redmond Spur and a longer segment of the Woodinville Subdivision (extending from milepost 23.8 to milepost 11.25). Those NITUs permitted railbanking/interim trail use negotiations under the Trails Act, 16 U.S.C. § 1247(d). The Board seeks comments from interested persons on GNP’s request to resume rail service and partially vacate the NITUs.
DATES: Written comments must be filed with the Board by October 20, 2010. Replies must be filed by November 19, 2010.
may be submitted either via the Board’s e-filing format or in the traditional
paper format. Any person using e-filing
should attach a document and otherwise comply with the instructions at the
E-FILING link on the Board’s website, at http://www.stb.dot.gov. Any person submitting a filing in the traditional
paper format should send an original and 10 copies to:
Surface Transportation Board, Attn: Docket No. FD 35407, 395 E Street, S.W.,
In addition, send one copy of any comments to: (1) John Heffner, 1750 K Street, N.W., Suite 200, Washington, DC 20006; (2) Charles A. Spitulnik, Kaplan Kirsch & Rockwell LLP, 1001 Connecticut Avenue, N.W., Suite 800, Washington, DC 20036; (3) Craig Watson, Port of Seattle, Pier 69, P.O. Box 1209, Seattle, WA 98111; and (4) Kristy Clark, BNSF Railway Company, 2500 Lou Menk Drive, AOB-3, Fort Worth, TX 76131.
FOR FURTHER INFORMATION CONTACT: Julia Farr at 202-245-0359. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.
On August 24, 2010, GNP filed a petition under 49 U.S.C. § 10502 for
exemption from the provisions of 49 U.S.C. § 10902 to acquire the “residual
common carrier rights and obligations,” including the right to reinstate rail
service over the Redmond Spur and a portion of the Woodinville
Subdivision. These segments are
currently subject to an interim trail use agreement between BNSF Railway
Company (BNSF) and
petition presents this issue: under what
circumstances will the Board grant a carrier’s request to vacate a NITU to
permit reactivation of rail service, when the petitioning carrier does not own or
have any other interest in the ROW. An
interim trail use arrangement is subject to being cut off at any time by the
reinstitution of service. Here, the
abandoning railroad (BNSF) has transferred its rights and obligations,
including the right to reinstate rail service, to
GNP states that 2 customers have requested service: Drywall Distributors, a supplier of drywall products, which anticipates receiving 40 carloads per year; and Building Specialties, a distributor of building products, located in the industrial park formerly served by BNSF, which also anticipates receiving 40 carloads per year. GNP includes a statement in support of its petition from Wallace/Knutsen L.L.C., owner of the industrial park located on the Redmond Spur. In anticipation of reactivation of rail service on the Redmond Spur, Wallace/Knutsen L.L.C. has leased to GNP an unused rail spur that crosses the industrial park and connects to the Redmond Spur.
By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by June 15, 2011.
Decided: September 14, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 These segments
were the subjects of abandonment proceedings and notices of interim trail use (NITUs)
in BNSF Railway Company—Abandonment Exemption—in