[Federal Register Volume 90, Number 82 (Wednesday, April 30, 2025)]
[Notices]
[Pages 17989-17990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07416]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36827]
Willamette & Pacific Railroad, Inc.--Lease and Operation
Exemption Including Interchange Commitment--Union Pacific Railroad
Company
Willamette & Pacific Railroad, Inc. (WPRR), a Class III railroad,
has filed a verified notice of exemption under 49 CFR 1150.41 to amend
and extend its lease originally entered into with a predecessor to
Union Pacific Railroad Company (UP), Southern Pacific Transportation
Company (SP).\1\ The railroad lines subject to the lease amendment
include the following segments, totaling approximately 160.95 miles
(collectively referred to as the Leased Lines): (1) the Toledo Branch
between milepost 691.61 near Albany, Or., and milepost 766.70 at the
end of
[[Page 17990]]
the track, near Toledo, Or.; (2) that portion of the Newberg Branch
between milepost 738.00 near St. Joseph, Or., and milepost 749.67 near
Newberg, Or.; (3) that portion of the West Side Branch between milepost
738.00 near St. Joseph and milepost 687.6 near Corvalis, Or.; (4) the
Dallas Branch between milepost 729.01 near Gerlinger, Or., and milepost
733.80 at the end of the track, near Dallas, Or.; and (5) the Willamina
Branch between milepost 730.46 near Whiteson, Or., and milepost 749.46
at the end of the track, near Willamina, Or.
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\1\ WPRR originally submitted its verified notice of exemption
on April 4, 2025, but supplemented it on April 14, 2025. In light of
WPRR's supplement, April 14, 2025, is considered the filing date of
the verified notice.
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According to the verified notice, WPRR is the current freight rail
operator on the Leased Lines, having received authority to lease and
operate the Leased Lines from SP in 1993. See Willamette & Pac. R.R.--
Lease & Operation Exemption--S. Pac. Transp. Co., FD 32245 (ICC served
Feb. 26, 1993). The verified notice indicates that WPRR and UP have now
agreed to amend the lease to further extend its term and make other
commercial changes, and that WPRR will continue to be the operator
after the transaction.\2\
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\2\ WPRR represents that this is the ninth amendment to the
original lease. WPRR does not indicate whether it believes authority
from the Board was necessary for the previous amendments. The class
exemption invoked by WPRR does not provide for retroactive
effectiveness. See Cent. N.Y. R.R.--Lease & Operation Exemption
Including Interchange Commitment--Norfolk S. Ry., FD 36825, slip op.
at 2 n.3 (STB served Mar. 28, 2025).
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As required under 49 CFR 1150.43(h)(1), WPRR certifies in its
verified notice that the lease contains an interchange commitment. The
interchange commitment was amended by a sixth amendment to the lease
agreement, dated as of August 1, 2003. WPRR has provided additional
information regarding the interchange commitment as required by 49 CFR
1150.43(h).\3\
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\3\ Concurrent with the initial filing of its verified notice of
exemption, WPRR filed, under seal, portions of the amended lease.
See 49 CFR 150.43(h)(1) (providing that certain information related
to interchange commitments, such as copies of agreements, will be
kept confidential without an accompanying motion for a protective
order). In its April 14 supplement, WPRR provided, under seal, the
full amended agreement.
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WPRR certifies that its projected revenues as a result of the
transaction will not result in the creation of a Class II or Class I
rail carrier, but that its current annual revenues exceed, and are
expected to continue to 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 is to become
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. WPRR, however, has petitioned for waiver of the 60-day
advance labor notice requirements. WPRR's waiver request will be
addressed in a separate decision in which the Board will establish the
effective date of the exemption. WPRR is currently operating the Leased
Lines under the terms of the original lease, as amended, and will
continue to do so until the amendment becomes effective. WPRR states
that the amended lease will become effective upon the effective date of
the exemption, which is 30 days after filing, or upon the grant of its
requested labor notice waiver.
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 to stay must be filed no later than May 7, 2025.
All pleadings, referring to Docket No. FD 36827, 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
WPRR's representative, Justin J. Marks, Clark Hill PLC, 1001
Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004.
According to WPRR, 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 24, 2025.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2025-07416 Filed 4-29-25; 8:45 am]
BILLING CODE 4915-01-P