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

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[Federal Register: August 1, 2008 (Volume 73, Number 149)]
[Notices]
[Page 45098-45099]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au08-129]

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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

 
 

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