[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36840-36841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09708]


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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.
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    \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).
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    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.
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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. 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 www.stb.gov.

    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