[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Notices]
[Pages 21279-21280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08051]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36391]


Portland & Western Railroad, Inc.--Amended Lease and Operation 
Exemption Containing Interchange Commitment--BNSF Railway Company

    Portland & Western Railroad, Inc. (PNWR), a Class III railroad, has 
filed a verified notice of exemption pursuant to 49 CFR 1150.41 to 
continue to lease from BNSF Railway Company (BNSF) and operate a BNSF 
rail line between milepost 64.70 (located on main track between Quinaby 
and Salem, Ore.) and milepost 141.45, at the end of track, near Eugene, 
Ore., a total distance of approximately 76.75 miles (the Line). PNWR 
states that it has entered into a lease agreement (New Lease) with BNSF 
that supersedes and replaces a previous lease (Original Lease) that 
took effect in 2003.\1\
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    \1\ See Portland & W. R.R.--Lease & Operation Exemption--The 
Burlington N. & Santa Fe Ry., Docket No. FD 34255 (STB served Jan. 
3, 2003). PNWR states that the Original Lease ended on February 29, 
2020, and that PNWR and BNSF executed the New Lease effective March 
1, 2020. PNWR also states that it will continue to operate under the 
terms of the Original Lease until the New Lease is authorized.
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    PNWR states that it is currently the operator of the Line under the 
Original Lease. PNWR states that the New Lease extends the term for an 
additional 10 years, with an automatic renewal date for an additional 
10-year term, and makes other commercial changes.
    PNWR certifies that the New Lease contains an interchange 
commitment that is similar to the interchange commitment that was 
included in the Original Lease.\2\
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    \2\ A copy of the New Lease with the interchange commitment was 
submitted under seal. See 49 CFR 1150.43(h)(1).
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    Accordingly, PNWR has provided additional information regarding the 
interchange commitment, as required by 49 CFR 1150.43(h).
    PNWR certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier. PNWR also certifies that its 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's verified notice includes 
a request for waiver of the 60-day advance labor notice requirements. 
PNWR's waiver request will be

[[Page 21280]]

addressed in a separate decision. The Board will establish the 
effective date of the exemption in its separate decision on the waiver 
request.
    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 April 23, 
2020.
    All pleadings, referring to Docket No. FD 36391, must be filed with 
the Surface Transportation Board either via e-filing 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 www.stb.gov.

    Decided: April 10, 2020.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2020-08051 Filed 4-15-20; 8:45 am]
 BILLING CODE 4915-01-P