|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|WILLAMETTE VALLEY RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN LINN COUNTY, OR|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT WILLAMETTE VALLEY RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER AN APPROXIMATELY 48.77-MILE LINE OF RAILROAD KNOWN AS THE MILL CITY BRANCH IN OREGON.|
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|Full Text of Decision|
38530 SERVICE DATE – NOVEMBER 16, 2007
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-435 (Sub-No. 2X)]
Willamette Valley Railway Company—Discontinuance of Service Exemption—in Linn
Railway Company (WVR) has filed a verified notice of exemption under 49 CFR 1152
Subpart F-Exempt Abandonments and Discontinuances of Service to discontinue
service over an approximately 48.77-mile line of railroad known as the Mill
City Branch owned by Union Pacific Railroad Company (UP) extending from: (1) milepost 689.64 at or near Page, OR,
to a mileage equation at milepost 697.37, equivalent to milepost 684.67, thence
to milepost 690.97 at or near Lebanon, OR; and (2) milepost 690.97 at or
near Lebanon to the end of the track at milepost 725.71 at or near Mill City,
OR, in Linn County, OR. The line traverses
WVR has certified that: (1) no traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (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 Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
As a condition to
this exemption, any employee adversely affected by the discontinuance of
service shall be protected under Oregon Short Line R. Co.—Abandonment—
Provided no formal
expression of intent to file an offer of financial assistance (OFA) has been
received, this exemption will be effective on December 18, 2007, unless
stayed pending reconsideration.
Petitions to stay that do not involve environmental issues and formal
expressions of intent to file an OFA for continued rail service under 49 CFR
must be filed by November 26, 2007. Petitions to reopen must be filed by December 6,
2007, with the Surface Transportation Board, 395 E Street,
A copy of any
petition filed with the Board should be sent to WVR’s representative: Thomas F. McFarland,
If the verified notice contains false or misleading information, the exemption is void ab initio.
Board decisions and notices are available on our website at WWW.STB.DOT.GOV.
Decided: November 13, 2007.
By the Board, David M. Konschnik, Director, Office of Proceedings.
 In February
1993, WVR leased the Mill City Branch and other rail lines in
 Each offer of financial assistance must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25).
 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historical documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), respectively.