82 FR 41462 - Patriot Woods Railroad, LLC-Abandonment Exemption-in Cowlitz County, Wash.; Columbia & Cowlitz Railway, LLC-Discontinuance of Service Exemption-in Cowlitz County, Wash

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 168 (August 31, 2017)

[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Notices]
[Pages 41462-41463]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18494]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1243X; Docket No. AB 1244 (Sub-No. 1X]


Patriot Woods Railroad, LLC--Abandonment Exemption--in Cowlitz 
County, Wash.; Columbia & Cowlitz Railway, LLC--Discontinuance of 
Service Exemption--in Cowlitz County, Wash

    Patriot Woods Railroad, LLC (PW) and Columbia & Cowlitz Railway, 
LLC (CLC) (collectively, Applicants), have jointly filed a verified 
notice of exemption under 49 CFR pt. 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service for PW to abandon, and for 
CLC to discontinue service over, an approximately 21.50-mile rail line 
between milepost 8.5 at Ostrander Junction and the end of the line at 
milepost 30 in Cowlitz County, Wash. (the Line).\1\ The Line traverses 
United States Postal Service Zip Codes 98611, 98626, and 98649 and 
includes the Headquarters station at milepost 14.2 and the Landfill 
station at milepost 16.2.
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    \1\ In a concurrently filed verified notice of exemption, CLC 
seeks to abandon approximately 7 miles of connecting rail line 
between milepost 1.5 at Longview and milepost 8.5 at Ostrander 
Junction, in Cowlitz County, Wash. See Columbia & Cowlitz Ry.--Aban. 
Exemption--in Cowlitz Cty., Wash., Docket No. AB 1244X.
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    Applicants have certified that: (1) No local or overhead traffic 
has moved over the Line for at least two years; (2) there is no 
overhead traffic to be rerouted; (3) no formal complaint filed by a 
user of rail service on the Line (or by a state or local government 
entity acting on behalf of such user) regarding cessation of service 
over the Line either is pending with the Surface Transportation Board 
(Board) or with any U.S. District Court or has been decided in favor of 
complainant within the two-year period; and (4) the requirements at 49 
CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal 
letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    Where, as here, the carrier is abandoning its entire line, the 
Board does not normally impose labor protection under 49 U.S.C. 
10502(g), unless the evidence indicates the existence of: (1) A 
corporate affiliate that will continue substantially similar rail 
operations; or (2) A corporate parent that will realize substantial 
financial benefits over and above relief from the burden of deficit 
operations by its subsidiary railroad. See Honey Creek R.R.--Aban. 
Exemption--in Henry Cty., Ind., AB 865X (STB served Aug. 20,

[[Page 41463]]

2004); Wellsville, Addison & Galeton R.R.--Aban., 354 I.C.C. 744 
(1978); and Northampton & Bath R.R.--Aban., 354 I.C.C. 784 (1978). 
According to PW, after abandonment PW's parent company and corporate 
affiliate will not continue similar operations, nor will PW's parent 
company realize substantial financial benefits over and above relief 
from the burden of its subsidiary railroad. Therefore, employee 
protection conditions will not be imposed.
    Any employee of CLC adversely affected by the discontinuance 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, these exemptions will be 
effective on September 30, 2017, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
September 8, 2017. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 20, 2017, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \2\ 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 exemptions' 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 exemptions' effective 
date.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,700. See 49 CFR 1002.2(f)(25). Effective 
September 1, 2017, the fee will become $1,800. See Regulations 
Governing Fees for Servs. Performed in Connection with Licensing & 
Related Servs.--2017 Update, EP 542 (Sub-No. 25), slip op. App. C at 
20 (STB served July 28, 2017).
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    A copy of any petition filed with the Board should be sent to 
Melanie B. Yasbin, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore 
Avenue, Suite 301, Towson, MD 21204.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have filed a combined environmental and historic report 
that addresses the effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue an environmental 
assessment (EA) by September 5, 2017. Interested persons may obtain a 
copy of the EA by writing to OEA (Room 1100, Surface Transportation 
Board, Washington, DC 20423-0001) or by calling OEA at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339. Comments on 
environmental and historic preservation matters must be filed within 15 
days after the EA becomes available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), PW 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 PW's filing of a notice of consummation by August 
31, 2018, and there are no legal or regulatory barriers to 
consummation, the authority to abandon will automatically expire.
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: August 28, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017-18494 Filed 8-30-17; 8:45 am]
 BILLING CODE 4915-01-P