80 FR 14434 - Portland & Western Railroad, Inc.-Acquisition and Operation Exemption-Port of Tillamook Bay
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 53 (March 19, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 53 (March 19, 2015)
| Page Range | 14434-14435 | |
| FR Document | 2015-06297 |
[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)] [Notices] [Pages 14434-14435] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06297] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35911] Portland & Western Railroad, Inc.--Acquisition and Operation Exemption--Port of Tillamook Bay Portland & Western Railroad, Inc. (PNWR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and continue to operate approximately 3.5 miles of rail line (the Line) owned by Port of Tillamook Bay (POTB), between milepost 774.0, at Banks, and milepost 770.5, at Schefflin, in Washington County, Or. PNWR is the current operator of the Line pursuant to a lease agreement dated May 6, 1999, between PNWR and [[Page 14435]] POTB, subject to trackage rights over the Line retained by POTB.\1\ PNWR states that the parties have entered into a purchase and sale agreement dated June 16, 2015. PNWR states that acquisition of the Line should allow PNWR to expand its rail network and establish a direct connection to its adjacent lines in the Willamette River Valley for a more cost efficient handling of traffic and will justify PNWR's investments in the Line. As part of the transaction, POTB will discontinue its trackage rights over the Line.\2\ --------------------------------------------------------------------------- \1\ See Portland & W. R.R.--Lease & Operation Exemption--Port of Tillamook Bay R.R., FD 33734 (STB served May 14, 1999); Port of Tillamook Bay R.R.--Trackage Rights Exemption--Portland & W. R.R., FD 33741 (STB served May 14, 1999). The entity PNWR refers to here as Port of Tillamook Bay is referred to in those cases as Port of Tillamook Bay Railroad, but it appears to be the same entity. \2\ PNWR states that POTB's discontinuance is the subject of a separate notice to be filed by POTB. --------------------------------------------------------------------------- PNWR has certified that the transaction does not include an interchange commitment. PNWR states that it projected annual revenues as a result of this transaction will not result in PNWR's becoming a Class II or Class I rail carrier, but that its projected annual revenues will exceed $5 million. Accordingly, PNWR is required, at least 60 days before this exemption is to become effective, to send notice of the transaction to the national offices of the labor unions with employees on the affected line, post a copy of the notice at the workplace of the employees on the affected line, and certify to the Board that it has done so. 49 CFR 1150.42(e). PNWR's verified notice, however, includes a request to waive that requirement. PNWR states that: (1) No POTB employee will be affected because none have worked on the Line for more than five years; and (2) there will be no operational changes, and no PNWR employees will be affected. PNWR asserts that providing the 60-day notice would serve no useful purpose because PNWR is merely acquiring the Line that it has been leasing and operating since 1999. PNWR's waiver request will be addressed in a separate decision. PNWR states that it expects to consummate the transaction on or shortly after the effective date of this exemption. The Board will establish in the decision on the waiver request the earliest date this transaction may be consummated. 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 March 26, 2015. An original and 10 copies of all pleadings, referring to Docket No. FD 35911, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Eric M. Hocky, Clark Hill PLC, One Commerce Square, 2005 Market St., Suite 1000, Philadelphia, PA 19103. Board decisions and notices are available on our Web site at ``WWW.STB.DOT.GOV''. Decided: March 16, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2015-06297 Filed 3-18-15; 8:45 am] BILLING CODE 4915-01-P
![14434 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Notices
on December 22, 2014 (79 FR 76436). SMART, Amtrak, and the Capitol • Web site: http://
Subpart D to part 183 allows the FAA Corridor Joint Powers Authority are www.regulations.gov. Follow the online
to appoint organizations as formally asking for an exception to the instructions for submitting comments.
representatives of the administrator. As condition cited above to permit • Fax: 202–493–2251.
authorized, these organizations perform operation of two round-trip chartered • Mail: Docket Operations Facility,
certification functions on behalf of the Amtrak passenger trains, over the U.S. Department of Transportation, 1200
FAA. Applications are submitted to the Brazos Drawbridge, to Sonoma Raceway New Jersey Avenue SE., W12–140,
appropriate FAA office and are on Sunday, June 28, 2015, for NASCAR Washington, DC 20590.
reviewed by the FAA to determine Specials, on Sunday, August 2, 2015, for • Hand Delivery: 1200 New Jersey
whether the applicant meets the NHRA Specials, and on Sunday, August Avenue SE., Room W12–140,
requirements necessary to be authorized 30, 2015, for Indy Car Specials. Washington, DC 20590, between 9 a.m.
as a representative of the Administrator. FRA has previously granted an and 5 p.m., Monday through Friday,
Procedures manuals are submitted and exception to this condition to allow a except Federal Holidays.
approved by the FAA as a means to chartered Amtrak special train on June Communications received by May 4,
ensure that the correct processes are 23, 2013, which was a 1-day passenger 2015 will be considered by FRA before
utilized when performing functions on train movement over the Brazos final action is taken. Comments received
behalf of the FAA. These requirements Drawbridge operating between after that date will be considered as far
are necessary to manage the various Sacramento and Sonoma Raceway. That as practicable.
approvals issued by the organization special was considered a great success. Anyone is able to search the
and to document approvals issued and FRA also granted an exception to the electronic form of any written
must be maintained in order to address condition for the operation of two communications and comments
potential future safety issues. special trains on June 22, 2014, as well received into any of our dockets by the
Respondents: Approximately 84 as two special trains on August 24, name of the individual submitting the
applicants. 2014. comment (or signing the document, if
Frequency: Information is collected The intended operating route of these submitted on behalf of an association,
on occasion. 2015 specials is from Sacramento and business, labor union, etc.). In
Estimated Average Burden per San Jose on the Union Pacific Railroad accordance with 5 U.S.C. 553(c), DOT
Response: 41.7 hours. to Suisun-Fairfield, then via the solicits comments from the public to
Estimated Total Annual Burden: California Northern Railroad from better inform its processes. DOT posts
5,623 hours. Suisun-Fairfield to Brazos Junction, and these comments, without edit, including
over SMART trackage from Brazos any personal information the
Issued in Washington, DC on March 10, Junction over the Brazos Drawbridge to
2015. commenter provides, to
Sonoma Raceway and return via the
Albert R. Spence, www.regulations.gov, as described in
same route.
the system of records notice (DOT/ALL–
FAA Assistant Information Collection As was the case in 2013, and 2014, a
Clearance Officer, IT Enterprises Business specific operating plan will be in place 14 FDMS), which can be reviewed at
Services Division, ASP–110. to ensure correct operation of the Brazos www.dot.gov/privacy. See also http://
[FR Doc. 2015–06338 Filed 3–18–15; 8:45 am] Drawbridge, the safety of train www.regulations.gov/#!privacyNotice
BILLING CODE 4910–13–P operations, equipment, passenger for the privacy notice of regulations.gov.
boarding/alighting, staffing, and Issued in Washington, DC, on March 13,
raceway access/egress. 2015.
DEPARTMENT OF TRANSPORTATION A copy of the petition, as well as any Ron Hynes,
written communications concerning the Director of Technical Oversight.
Federal Railroad Administration petition, is available for review online at [FR Doc. 2015–06254 Filed 3–18–15; 8:45 am]
[Docket Number FRA–2008–0010]
www.regulations.gov and in person at BILLING CODE 4910–06–P
the U.S. Department of Transportation’s
Petition for Waiver of Compliance (DOT) Docket Operations Facility, 1200
New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION
In accordance with Part 211 of Title Washington, DC 20590. The Docket
49 Code of Federal Regulations (CFR), Operations Facility is open from 9 a.m. Surface Transportation Board
this document provides the public to 5 p.m., Monday through Friday,
notice that by a document dated [Docket No. FD 35911]
except Federal Holidays.
November 10, 2014, Sonoma-Marin Interested parties are invited to Portland & Western Railroad, Inc.—
Area Rail Transit District (SMART), participate in these proceedings by Acquisition and Operation
owner of 77 miles of former submitting written views, data, or Exemption—Port of Tillamook Bay
Northwestern Pacific Railroad comments. FRA does not anticipate
Company, and Southern Pacific scheduling a public hearing in Portland & Western Railroad, Inc.
Transportation Company trackage in connection with these proceedings since (PNWR), a Class III rail carrier, has filed
Marin, Sonoma, and Napa Counties, CA, the facts do not appear to warrant a a verified notice of exemption under 49
has petitioned the Federal Railroad hearing. If any interested party desires CFR 1150.41 to acquire and continue to
Administration (FRA) for an opportunity for oral comment, they operate approximately 3.5 miles of rail
reconsideration of an approval should notify FRA, in writing, before line (the Line) owned by Port of
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condition, granted on February 24, the end of the comment period and Tillamook Bay (POTB), between
2009, on the Brazos Drawbridge at specify the basis for their request. milepost 774.0, at Banks, and milepost
Milepost 64.7, specifically, condition 4 All communications concerning these 770.5, at Schefflin, in Washington
of FRA–2008–0010, which states proceedings should identify the County, Or.
‘‘Approval is for freight movements only appropriate docket number and may be PNWR is the current operator of the
and shall be revisited prior to any submitted by any of the following Line pursuant to a lease agreement
passenger operations.’’ methods: dated May 6, 1999, between PNWR and
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![Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Notices 14435
POTB, subject to trackage rights over the exceed $5 million. Accordingly, PNWR If the verified notice contains false or
Line retained by POTB.1 PNWR states is required, at least 60 days before this misleading information, the exemption
that the parties have entered into a exemption is to become effective, to is void ab initio. Petitions to revoke the
purchase and sale agreement dated June send notice of the transaction to the exemption under 49 U.S.C. 10502(d)
16, 2015. PNWR states that acquisition national offices of the labor unions with may be filed at any time. The filing of
of the Line should allow PNWR to employees on the affected line, post a a petition to revoke will not
expand its rail network and establish a copy of the notice at the workplace of automatically stay the effectiveness of
direct connection to its adjacent lines in the employees on the affected line, and the exemption. Petitions to stay must be
the Willamette River Valley for a more certify to the Board that it has done so. filed no later than March 26, 2015.
cost efficient handling of traffic and will 49 CFR 1150.42(e). PNWR’s verified An original and 10 copies of all
justify PNWR’s investments in the Line. notice, however, includes a request to pleadings, referring to Docket No. FD
As part of the transaction, POTB will waive that requirement. PNWR states 35911, must be filed with the Surface
discontinue its trackage rights over the that: (1) No POTB employee will be Transportation Board, 395 E Street SW.,
Line.2 affected because none have worked on Washington, DC 20423–0001. In
PNWR has certified that the the Line for more than five years; and
addition, a copy of each pleading must
transaction does not include an (2) there will be no operational changes,
be served on Eric M. Hocky, Clark Hill
interchange commitment. and no PNWR employees will be
PNWR states that it projected annual PLC, One Commerce Square, 2005
affected. PNWR asserts that providing
revenues as a result of this transaction Market St., Suite 1000, Philadelphia, PA
the 60-day notice would serve no useful
will not result in PNWR’s becoming a 19103.
purpose because PNWR is merely
Class II or Class I rail carrier, but that acquiring the Line that it has been Board decisions and notices are
its projected annual revenues will leasing and operating since 1999. available on our Web site at
PNWR’s waiver request will be ‘‘WWW.STB.DOT.GOV’’.
1 See Portland & W. R.R.—Lease & Operation
addressed in a separate decision. Decided: March 16, 2015.
Exemption—Port of Tillamook Bay R.R., FD 33734
PNWR states that it expects to
(STB served May 14, 1999); Port of Tillamook Bay By the Board, Rachel D. Campbell,
R.R.—Trackage Rights Exemption—Portland & W. consummate the transaction on or Director, Office of Proceedings.
R.R., FD 33741 (STB served May 14, 1999). The shortly after the effective date of this
entity PNWR refers to here as Port of Tillamook Bay Brendetta S. Jones,
exemption. The Board will establish in
is referred to in those cases as Port of Tillamook Bay Clearance Clerk.
Railroad, but it appears to be the same entity. the decision on the waiver request the
2 PNWR states that POTB’s discontinuance is the earliest date this transaction may be [FR Doc. 2015–06297 Filed 3–18–15; 8:45 am]
subject of a separate notice to be filed by POTB. consummated. BILLING CODE 4915–01–P
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Document Created: 2018-02-21 09:42:33
Document Modified: 2018-02-21 09:42:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 14434 |
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