Notice2023-01580
Portland & Western Railroad, Inc.-Abandonment Exemption-in Washington County, Or.
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
January 26, 2023
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 17 (Thursday, January 26, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5060-5061]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01580]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. AB 541 (Sub-No. 3X)]
Portland & Western Railroad, Inc.--Abandonment Exemption--in
Washington County, Or.
Portland & Western Railroad, Inc. (PNWR), has filed a verified
notice of exemption under 49 CFR part 1152 subpart F--Exempt
Abandonments to abandon the rail line extending between milepost 10.28
in Forest Grove, Or., and milepost 4.68 in Hillsboro, Or. (the Line).
PNWR owns a perpetual freight easement for the Line, and the underlying
property is owned by the Oregon Department of Transportation. There are
four stations on the Line: Forest Grove (milepost 10.28), Cornelius
(milepost 7.8), Hillsboro (milepost 4.7) and Forest Grove Junction
(milepost 4.68). The Line traverses U.S. Postal Service Zip Codes
97116, 97113, 97123, and 97124, entirely in Washington County, Or.
PNWR has certified that: (1) No local or overhead traffic has moved
over the Line since November 2015; (2) as the Line is stub-ended, there
is no overhead traffic to be rerouted; (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),\1\ 49 CFR 1105.12 (newspaper publication), and 49 CFR
1152.50(d)(1) (notice to government agencies) have been met.
---------------------------------------------------------------------------
\1\ On January 20, 2023, PNWR filed a supplement certifying that
it complied with the requirements of 49 CFR 1105.11.
---------------------------------------------------------------------------
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. 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,\2\ this exemption will be
effective on February 25, 2023, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues must be
filed by February 3, 2023.\3\ 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 February 6, 2023.\4\
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by February 15, 2023.
---------------------------------------------------------------------------
\2\ 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).
\3\ 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.
\4\ Filing fees for OFAs and trail use requests can be found at
49 CFR 1002.2(f)(25) and (27), respectively.
---------------------------------------------------------------------------
All pleadings, referring to Docket No. AB 541 (Sub-No. 3X), 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
PNWR's representative, Justin J. Marks, Clark Hill PLC, 1001
Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
PNWR 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 January 31, 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
[[Page 5061]]
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), PNWR 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 PNWR's filing of a notice of
consummation by January 26, 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>.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-01580 Filed 1-25-23; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on January 26, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.