Notice2024-09708
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
May 3, 2024
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 87 (Friday, May 3, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36840-36841]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09708]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. AB 541 (Sub-No. 4X)]
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 approximately 264 feet of rail line extending
between milepost 27.84 and milepost 27.79 in Banks, Or. (the Line).\1\
The Line traverses through U.S. Postal Service Zip Code 97106.
---------------------------------------------------------------------------
\1\ PNWR states that it owns a perpetual freight easement for
the Line and that the underlying property is owned by the Oregon
Department of Transportation (ODOT).
---------------------------------------------------------------------------
PNWR has certified that: (1) no local freight traffic has moved
over the Line during the past two years; (2) because the Line is not a
``through line,'' there is no overhead traffic that would need to be
rerouted; (3) no formal complaint filed by a user of rail service on
the Line (or by a state or local government on behalf of such user)
regarding cessation of service over the Line is pending with either the
Surface Transportation Board (Board) or 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), 49 CFR 1105.12 (newspaper
publication), and 49 CFR 1152.50(d)(1) (notice to government agencies)
have been met.
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\
[[Page 36841]]
this exemption will be effective on June 2, 2024, unless stayed pending
reconsideration. Petitions to stay that do not involve environmental
issues,\3\ formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2), and interim trail use/railbanking requests under 49 CFR
1152.29 must be filed by May 13, 2024.\4\ Petitions to reopen and
requests for public use conditions under 49 CFR 1152.28 must be filed
by May 23, 2024.
---------------------------------------------------------------------------
\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. 4X), 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 May 10, 2024. 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. If you require an
accommodation under the Americans with Disabilities Act, please call
(202) 245-0245. Comments on environmental or historic 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/
railbanking 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 May 3, 2025, 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>.
Decided: April 30, 2024.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2024-09708 Filed 5-2-24; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on May 3, 2024.
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.