```

[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 101087-101088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29378]

-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. AB 541 (Sub-No. 5X)]

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 4,111 feet of rail line extending 
between milepost 31.3 and milepost 32.2 in Tigard, Or. (the Line).\1\ 
The Line has no stations and it traverses U.S. Postal Service Zip Code 
97223.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    PNWR has certified that: (1) no local or overhead freight traffic 
has moved over the Line since 2007; (2) 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\ this exemption will be 
effective on January 12, 2025, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\

[[Page 101088]]

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 December 23, 2024.\4\ Petitions to reopen and requests for 
public use conditions under 49 CFR 1152.28 must be filed by January 2, 
2025.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    All pleadings, referring to Docket No. AB 541 (Sub-No. 5X), 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 December 20, 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 December 13, 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: December 10, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Zantori Dickerson,
Clearance Clerk.
[FR Doc. 2024-29378 Filed 12-12-24; 8:45 am]
BILLING CODE 4915-01-P
```