[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5060-5061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01580]


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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.
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    \1\ On January 20, 2023, PNWR filed a supplement certifying that 
it complied with the requirements of 49 CFR 1105.11.
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    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.
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    \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.
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    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 www.stb.gov.

    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