[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 45098-45099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17694]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-515 (Sub-No. 2)]


Central Oregon & Pacific Railroad, Inc.--Abandonment and 
Discontinuance of Service--in Coos, Douglas, and Lane Counties, OR

    On July 14, 2008, the Central Oregon & Pacific Railroad, Inc. 
(CORP) filed an application under 49 U.S.C. 10903 for permission to 
abandon and discontinue service over portions of a line of railroad 
known as the Coos Bay Subdivision, which consists of (1) the Coos Bay 
Branch (which is owned by CORP), and (2) the Coquille Branch and the 
LPN Branch (which are leased by CORP).\1\
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    \1\ The Coos Bay Subdivision also consists of CORP's line 
between Vaughn and Eugene, OR. CORP does not propose to abandon this 
additional segment. A feeder line application to purchase the Coos 
Bay Subdivision has been filed in STB Finance Docket No. 35160.
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    CORP seeks authority to abandon certain portions of the Coos Bay 
Subdivision that it owns, namely the line extending from milepost 669.0 
near Vaughn to milepost 763.13 near Cordes, a distance of 94.13 miles 
in Coos, Douglas, and Lane Counties, OR. The line includes the stations 
of Richardson (milepost 685.0), Swisshome (milepost 697.1), Suislaw 
(milepost 697.8); Tide (milepost 699.2), Mapleton (milepost 705.3), 
Beck (milepost 709.0), Wendson (milepost 715.0), Cushman (milepost 
716.0), Canary (milepost 721.3), Kroll (milepost 732.8), Gardiner 
Junction (milepost 738.8), Reedsport (milepost 740.4), Lakeside 
(milepost 752.1), Hauser (milepost 759.3), and Cordes (milepost 763.0); 
and traverses through United States Postal Service ZIP Codes 97439, 
97441, 97449, 97453, 97459, 97461, 97467, 97480, 97487, 97490, and 
97493.
    CORP also seeks authority to discontinue service over the portions 
of the Coos Bay Subdivision that it leases: \2\ (1) The Coquille Branch 
extending from milepost 763.13 near Cordes to milepost 785.5 near 
Coquille, a distance of 22.37 miles, in Coos County, OR, including the 
stations of North Bend (milepost 765.6), Coos Bay (milepost 768.9), 
McCormac (milepost 770.5), Hayden (milepost 773.1), Chrome (milepost 
781.2), and Coquille (milepost 785.6), and traversing through Unites 
States Postal Service ZIP Codes 97420, 97423, and 97459; and (2) the 
LPN Branch extending between CORP milepost 738.8 and LPN Branch 
milepost 2.0, a distance of 2.0 miles, in Douglas County, OR, including 
the station of Gardiner Junction (milepost 738.8), and traversing 
through United States Postal Service ZIP Code 97441.
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    \2\ CORP leases the Coquille Branch from the Union Pacific 
Railroad Company and leases the LPN Branch from Longview, Portland & 
Northern Railway Company.
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    The line does contain federally granted rights-of-way. Any 
documentation in CORP's possession will be made available promptly to 
those requesting it. CORP's entire case for abandonment and 
discontinuance was filed with the application.
    This line of railroad has appeared on CORP's system diagram map or 
has been included in its narrative in category 1 since May 8, 2008.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    Any interested person may file with the Surface Transportation 
Board written comments concerning the proposed abandonment and 
discontinuance or protests (including the protestant's entire 
opposition case), by August 28, 2008. All interested persons should be 
aware that following any abandonment of rail service and salvage of the 
line, the line may be suitable for other public use, including interim 
trail use. Any request for a public use condition under 49 U.S.C. 10905 
(49 CFR 1152.28) and any request for a trail use condition under 16 
U.S.C. 1247(d) (49 CFR 1152.29) must be filed by August 28, 2008. Each 
trail use request must be accompanied by a $200 filing fee. See 49 CFR 
1002.2(f)(27). Applicant's reply to any opposition statements and its 
response to trail use

[[Page 45099]]

requests must be filed by September 12, 2008. See 49 CFR 1152.26(a). A 
final decision will be issued by October 31, 2008.
    Persons opposing the proposed abandonment and/or discontinuance who 
wish to participate actively and fully in the process should file a 
protest. Persons who may oppose the abandonment and/or discontinuance 
but who do not wish to participate fully in the process or by 
submitting verified statements of witnesses containing detailed 
evidence should file comments. Persons seeking information concerning 
the filing of protests should refer to 49 CFR 1152.25. Persons 
interested only in seeking public use or trail use conditions should 
also file comments.
    In addition, a commenting party or protestant may provide: (i) An 
offer of financial assistance (OFA) for continued rail service, 
pursuant to 49 U.S.C. 10904 (due 120 days after the application is 
filed or 10 days after the application is granted by the Board, 
whichever occurs sooner); (ii) recommended provisions for protection of 
the interests of employees; (iii) a request for a public use condition 
under 49 U.S.C. 10905; and (iv) a statement pertaining to prospective 
use of the right-of-way for interim trail use and rail banking under 16 
U.S.C. 1247(d) and 49 CFR 1152.29.
    Written comments and protests, including all requests for public 
use and trail use conditions, must indicate the proceeding designation 
STB Docket No. AB-515 (Sub-No. 2) and must be sent to: (1) Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001, and 
(2) Terence M. Hynes, Sidley Austin LLP, 1501 K Street, NW., 
Washington, DC 20005. The original and 10 copies of all comments or 
protests shall be filed with the Board with a certificate of service. 
Except as otherwise set forth in 49 CFR part 1152, every document filed 
with the Board must be served on all parties to the abandonment and 
discontinuance proceeding. 49 CFR 1104.12(a).
    The line sought to be abandoned and discontinued will be available 
for subsidy or sale for continued rail use, if the Board decides to 
permit the abandonment and/or discontinuance, in accordance with 
applicable laws and regulations (49 U.S.C. 10904 and 49 CFR 1152.27). 
Each OFA must be accompanied by a $1,500 filing fee. See 49 CFR 
1002.2(f)(25). No subsidy arrangement approved under 49 U.S.C. 10904 
shall remain in effect for more than 1 year unless otherwise mutually 
agreed by the parties (49 U.S.C. 10904(f)(4)(B)). Applicant will 
promptly provide upon request to each interested party an estimate of 
the subsidy and minimum purchase price required to keep the line in 
operation. CORP's representative to whom inquiries may be made 
concerning sale or subsidy terms is set forth above.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (866) 254-1792 or refer to the 
full abandonment or discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Section of Environmental Analysis (SEA) at (202) 245-0305. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-9339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Any other persons who would like to obtain a copy of the 
EA (or EIS) may contact SEA. EAs in this type of abandonment proceeding 
normally will be made available within 33 days of the filing of the 
application. The deadline for submission of comments on the EA will 
generally be within 30 days of its service. The comments received will 
be addressed in the Board's decision. A supplemental EA or EIS may be 
issued where appropriate.
    By decisions served in this proceeding on July 29, 2008, and on 
August 1, 2008, the Board is also providing for a public hearing to be 
held in this proceeding.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 29, 2008.

    By the Board, David M. Konschnik, Director of Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-17694 Filed 7-31-08; 8:45 am]
BILLING CODE 4915-01-P