Notice2025-08161
Portland & Western Railroad, Inc.-Acquisition and Operation Exemption-Port of Tillamook Bay
Primary source
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Published
May 9, 2025
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 90 Issue 89 (Friday, May 9, 2025)</title>
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[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Page 19775]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08161]
[[Page 19775]]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36850]
Portland & Western Railroad, Inc.--Acquisition and Operation
Exemption--Port of Tillamook Bay
Portland & Western Railroad, Inc. (PNWR), a Class III rail carrier,
has filed a verified notice of exemption under 49 CFR 1150.41 to
acquire from Port of Tillamook Bay (POTB) and operate approximately
1.01 miles of rail line near Banks, Or., between milepost 774.0 and
milepost 775.01 in Washington County, Or. (the Line).
The verified notice states that PNWR and POTB have entered into a
purchase agreement dated April 9, 2025. PNWR states that it holds
incidental overhead trackage rights over a portion of the Line from
approximately milepost 774.0 to milepost 774.7, which it acquired in
connection with the unrelated purchase of a parallel line. See Portland
& W. R.R.--Trackage Rts. Exemption--Burlington N. R.R., FD 32765 (STB
served Oct. 13, 1995). PNWR states that, after the transaction, it will
operate the Line (and the parallel line) and will no longer need to
exercise the incidental trackage rights. The verified notice also
states that there are currently no customers on the Line and that POTB
no longer has any railroad operating employees.
PNWR certifies that its projected annual revenues as a result this
transaction will not exceed those that would qualify it as a Class III
carrier and that its annual revenues currently exceed $5 million.
Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual revenues
will exceed $5 million, it must, at least 60 days before the exemption
becomes effective, post a notice of its intent to undertake the
proposed transaction at the workplace of the employees on the affected
lines, serve a copy of the notice on the national offices of the labor
unions with employees on the affected lines, and certify to the Board
that it has done so. However, PNWR has requested a waiver of the 60-day
advance labor notice requirement. PNWR's waiver request will be
addressed in a separate decision. The Board will establish the
effective date of the exemption in its decision on the waiver request.
PNWR also certifies that the proposed acquisition and operation of
the Line does not involve a provision or agreement that may limit
future interchange with a third-party connecting carrier.
If the verified notice contains false or misleading information,
the exemption is void ab initio. Petitions to revoke the exemption
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a
petition to revoke will not automatically stay the effectiveness of the
exemption. Petitions for stay must be filed no later than May 16, 2025.
All pleadings, referring to Docket No. FD 36850, 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.
According to PNWR, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic
preservation reporting requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: May 6, 2025.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2025-08161 Filed 5-8-25; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on May 9, 2025.
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