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)

Page Range		41462-41463
FR Document		2017-18494
Federal Register, Volume 82 Issue 168 (Thursday, 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
41462 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Notices

in Cowlitz County, Wash. (the Line).1 banking requests under 49 CFR 1152.29 SURFACE TRANSPORTATION BOARD
The Line traverses United States Postal must be filed by September 8, 2017.
[Docket No. AB 1243X; Docket No. AB 1244
Service Zip Codes 98632 and 98636 and Petitions to reopen or requests for (Sub-No. 1X]
includes the Milco station at milepost public use conditions under 49 CFR
4.25 and the Rocky Point station at 1152.28 must be filed by September 20, Patriot Woods Railroad, LLC—
milepost 6.0. 2017, with the Surface Transportation Abandonment Exemption—in Cowlitz
CLC has certified that: (1) No local Board, 395 E Street SW., Washington, County, Wash.; Columbia & Cowlitz
traffic has moved over the Line for at DC 20423–0001. Railway, LLC—Discontinuance of
least two years; (2) any overhead traffic A copy of any petition filed with the Service Exemption—in Cowlitz County,
can be rerouted over other lines; (3) no Board should be sent to Melanie B. Wash
formal complaint filed by a user of rail Yasbin, Law Offices of Louis E. Gitomer,
service on the Line (or by a state or local Patriot Woods Railroad, LLC (PW) and
LLC, 600 Baltimore Avenue, Suite 301, Columbia & Cowlitz Railway, LLC (CLC)
government entity acting on behalf of
Towson, MD 21204. (collectively, Applicants), have jointly
such user) regarding cessation of service
over the Line either is pending with the If the verified notice contains false or filed a verified notice of exemption
Surface Transportation Board (Board) or misleading information, the exemption under 49 CFR pt. 1152 subpart F—
with any U.S. District Court or has been is void ab initio. Exempt Abandonments and
decided in favor of a complainant Discontinuances of Service for PW to
CLC has filed a combined
within the two-year period; and (4) the abandon, and for CLC to discontinue
environmental and historic report that
requirements at 49 CFR 1105.7(c) service over, an approximately 21.50-
addresses the effects, if any, of the
(environmental report), 49 CFR 1105.11 mile rail line between milepost 8.5 at
abandonment on the environment and
(transmittal letter), 49 CFR 1105.12 Ostrander Junction and the end of the
historic resources. OEA will issue an
(newspaper publication), and 49 CFR line at milepost 30 in Cowlitz County,
environmental assessment (EA) by
1152.50(d)(1) (notice to governmental Wash. (the Line).1 The Line traverses
September 5, 2017. Interested persons
agencies) have been met. United States Postal Service Zip Codes
may obtain a copy of the EA by writing
As a condition to this exemption, any 98611, 98626, and 98649 and includes
to OEA (Room 1100, Surface the Headquarters station at milepost
employee adversely affected by the Transportation Board, Washington, DC
abandonment shall be protected under 14.2 and the Landfill station at milepost
20423–0001) or by calling OEA at (202) 16.2.
Oregon Short Line Railroad— 245–0305. Assistance for the hearing
Abandonment Portion Goshen Branch Applicants have certified that: (1) No
impaired is available through the local or overhead traffic has moved over
Between Firth & Ammon, in Bingham & Federal Information Relay Service at
Bonneville Counties, Idaho, 360 I.C.C. the Line for at least two years; (2) there
(800) 877–8339. Comments on is no overhead traffic to be rerouted; (3)
91 (1979). To address whether this environmental and historic preservation
condition adequately protects affected no formal complaint filed by a user of
matters must be filed within 15 days rail service on the Line (or by a state or
employees, a petition for partial after the EA becomes available to the
revocation under 49 U.S.C. 10502(d) local government entity acting on behalf
public. of such user) regarding cessation of
must be filed.
Provided no formal expression of Environmental, historic preservation, service over the Line either is pending
intent to file an offer of financial public use, or trail use/rail banking with the Surface Transportation Board
assistance (OFA) has been received, this conditions will be imposed, where (Board) or with any U.S. District Court
exemption will be effective on appropriate, in a subsequent decision. or has been decided in favor of
September 30, 2017, unless stayed Pursuant to the provisions of 49 CFR complainant within the two-year period;
pending reconsideration. Petitions to 1152.29(e)(2), CLC shall file a notice of and (4) the requirements at 49 CFR
stay that do not involve environmental consummation with the Board to signify 1105.7(c) (environmental report), 49
issues,2 formal expressions of intent to that it has exercised the authority CFR 1105.11 (transmittal letter), 49 CFR
file an OFA under 49 CFR granted and fully abandoned the Line. If 1105.12 (newspaper publication), and
1152.27(c)(2),3 and interim trail use/rail 49 CFR 1152.50(d)(1) (notice to
consummation has not been effected by
governmental agencies) have been met.
CLC’s filing of a notice of
1 In a concurrently filed joint verified notice of Where, as here, the carrier is
consummation by August 31, 2018, and
exemption, CLC seeks to discontinue service over, abandoning its entire line, the Board
there are no legal or regulatory barriers
and Patriot Woods Railroad, LLC, seeks to abandon, does not normally impose labor
approximately 21.50-miles of connecting rail line to consummation, the authority to
protection under 49 U.S.C. 10502(g),
between milepost 8.5 at Ostrander Junction and the abandon will automatically expire.
end of the line at milepost 30, in Cowlitz County, unless the evidence indicates the
Wash. See Columbia & Cowlitz Ry.— Board decisions and notices are existence of: (1) A corporate affiliate
Discontinuance of Serv. Exemption—in Cowlitz available on our Web site at that will continue substantially similar
Cty., Wash., Docket No. AB 1244 (Sub-No. 1X) and WW.STB.GOV. rail operations; or (2) A corporate parent
Patriot Woods R.R.—Aban. Exemption—in Cowlitz
Cty., Wash., Docket No. AB 1243X. that will realize substantial financial
Decided: August 28, 2017.
2 The Board will grant a stay if an informed benefits over and above relief from the
By the Board, Rachel D. Campbell, burden of deficit operations by its
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental Director, Office of Proceedings. subsidiary railroad. See Honey Creek
Analysis (OEA) in its independent investigation) Marline Simeon,
cannot be made before the exemption’s effective
R.R.—Aban. Exemption—in Henry Cty.,
sradovich on DSK3GMQ082PROD with NOTICES

date. See Exemption of Out-of-Serv. Rail Lines, 5 Clearance Clerk. Ind., AB 865X (STB served Aug. 20,
I.C.C.2d 377 (1989). Any request for a stay should [FR Doc. 2017–18484 Filed 8–30–17; 8:45 am]
be filed as soon as possible so that the Board may 1 In a concurrently filed verified notice of
BILLING CODE 4915–01–P
take appropriate action before the exemption’s exemption, CLC seeks to abandon approximately 7
effective date. miles of connecting rail line between milepost 1.5
3 Each OFA must be accompanied by the filing Fees for Servs. Performed in Connection with at Longview and milepost 8.5 at Ostrander Junction,
fee, which is currently set at $1,700. See 49 CFR Licensing & Related Servs.—2017 Update, EP 542 in Cowlitz County, Wash. See Columbia & Cowlitz
1002.2(f)(25). Effective September 1, 2017, the fee (Sub-No. 25), slip op. App. C at 20 (STB served July Ry.—Aban. Exemption—in Cowlitz Cty., Wash.,
will become $1,800. See Regulations Governing 28, 2017). Docket No. AB 1244X.

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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Notices 41463

2004); Wellsville, Addison & Galeton historic resources. OEA will issue an verify that the laser operation will not
R.R.—Aban., 354 I.C.C. 744 (1978); and environmental assessment (EA) by interfere with air traffic operations.
Northampton & Bath R.R.—Aban., 354 September 5, 2017. Interested persons DATES: Written comments should be
I.C.C. 784 (1978). According to PW, after may obtain a copy of the EA by writing submitted by October 30, 2017.
abandonment PW’s parent company and to OEA (Room 1100, Surface
corporate affiliate will not continue Transportation Board, Washington, DC ADDRESSES: Send comments to the FAA
similar operations, nor will PW’s parent 20423–0001) or by calling OEA at (202) at the following address: Barbara Hall,
company realize substantial financial 245–0305. Assistance for the hearing Federal Aviation Administration, ASP–
benefits over and above relief from the impaired is available through the 110, 10101 Hillwood Parkway, Fort
burden of its subsidiary railroad. Federal Information Relay Service Worth, TX 76177.
Therefore, employee protection (FIRS) at 1–800–877–8339. Comments Public Comments Invited: You are
conditions will not be imposed. on environmental and historic asked to comment on any aspect of this
Any employee of CLC adversely preservation matters must be filed information collection, including (a)
affected by the discontinuance shall be within 15 days after the EA becomes Whether the proposed collection of
protected under Oregon Short Line available to the public. information is necessary for FAA’s
Railroad—Abandonment Portion Environmental, historic preservation, performance; (b) the accuracy of the
Goshen Branch Between Firth & public use, or trail use/rail banking estimated burden; (c) ways for FAA to
Ammon, in Bingham & Bonneville conditions will be imposed, where enhance the quality, utility and clarity
Counties, Idaho, 360 I.C.C. 91 (1979). To appropriate, in a subsequent decision. of the information collection; and (d)
address whether this condition Pursuant to the provisions of 49 CFR ways that the burden could be
adequately protects affected employees, 1152.29(e)(2), PW shall file a notice of minimized without reducing the quality
a petition for partial revocation under consummation with the Board to signify of the collected information. The agency
49 U.S.C. 10502(d) must be filed. that it has exercised the authority will summarize and/or include your
Provided no formal expression of granted and fully abandoned the Line. If comments in the request for OMB’s
intent to file an offer of financial consummation has not been effected by clearance of this information collection.
assistance (OFA) has been received, PW’s filing of a notice of consummation FOR FURTHER INFORMATION CONTACT:
these exemptions will be effective on by August 31, 2018, and there are no Barbara Hall by email at:
September 30, 2017, unless stayed legal or regulatory barriers to Barbara.L.Hall@faa.gov; phone 940–
pending reconsideration. Petitions to consummation, the authority to 594–5913.
stay that do not involve environmental abandon will automatically expire.
SUPPLEMENTARY INFORMATION:
issues,2 formal expressions of intent to Board decisions and notices are
file an OFA under 49 CFR available on our Web site at OMB Control Number: 2120–0662.
1152.27(c)(2),3 and trail use/rail banking WWW.STB.GOV. Title: Notice of Proposed Outdoor
requests under 49 CFR 1152.29 must be Laser Operations.
Decided: August 28, 2017.
filed by September 8, 2017. Petitions to Form Numbers: FAA Form AC 7140–
By the Board, Rachel D. Campbell,
reopen or requests for public use Director, Office of Proceedings. 1.
conditions under 49 CFR 1152.28 must Marline Simeon, Type of Review: Reinstatement of an
be filed by September 20, 2017, with the Clearance Clerk.
information collection.
Surface Transportation Board, 395 E [FR Doc. 2017–18494 Filed 8–30–17; 8:45 am]
Background: The FAA will use the
Street SW., Washington, DC 20423– information gathered from laser
BILLING CODE 4915–01–P
0001. operators planning to conduct outdoor
A copy of any petition filed with the laser operations to evaluate potential
Board should be sent to Melanie B. hazards to aircraft operating in the
Yasbin, Law Offices of Louis E. Gitomer, DEPARTMENT OF TRANSPORTATION National Airspace System (NAS).
LLC, 600 Baltimore Avenue, Suite 301, Federal Aviation Administration Ultimately, the goal is to prevent an
Towson, MD 21204. aircraft from being hit by the laser
If the verified notice contains false or Agency Information Collection operation. The information will be
misleading information, the exemptions Activities: Requests for Comments; reviewed by one of the three FAAs
are void ab initio. Clearance of Reinstatement Approval service centers and sent to the facility,
Applicants have filed a combined of Information Collection: Notice of which can be a Tower, TRACON or
environmental and historic report that Proposed Outdoor Laser Operations Center, that is being impacted by the
addresses the effects, if any, of the operation. The faculty will review the
abandonment on the environment and AGENCY: Federal Aviation proposed operation and state no
Administration (FAA), DOT. objection or list an objection to the
2 The Board will grant a stay if an informed
ACTION: Notice and request for operation. If the facility lists an
decision on environmental issues (whether raised comments.
by a party or by the Board’s Office of Environmental objection, then the service center will
Analysis (OEA) in its independent investigation) SUMMARY: In accordance with the contact the proponent and see if
cannot be made before the exemptions’ effective
Paperwork Reduction Act of 1995, FAA adjustments can be made to the
date. See Exemption of Out-of-Serv. Rail Lines, 5 proposed operation.
I.C.C.2d 377 (1989). Any request for a stay should invites public comments about our
be filed as soon as possible so that the Board may intention to request the Office of Respondents: Approximately 405
take appropriate action before the exemptions’ Management and Budget (OMB) laser operations.
sradovich on DSK3GMQ082PROD with NOTICES

effective date. Frequency: One time per laser
3 Each OFA must be accompanied by the filing approval to reinstate a previously
fee, which is currently set at $1,700. See 49 CFR approved information collection. In operation.
1002.2(f)(25). Effective September 1, 2017, the fee order for the FAA to ensure safety it Estimated Average Burden per
will become $1,800. See Regulations Governing proposes to collect information from Response: Approximately 4 hours per
Fees for Servs. Performed in Connection with form.
Licensing & Related Servs.—2017 Update, EP 542
potential outdoor laser operators. The
(Sub-No. 25), slip op. App. C at 20 (STB served July FAA will review the proposed laser Estimated Total Annual Burden: An
28, 2017). activity against air traffic operations and estimated 1,620 hours.

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Document Created: 2017-09-23 10:08:22
Document Modified: 2017-09-23 10:08:22
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		82 FR 41462