Portland & Western Railroad, Inc.-Abandonment Exemption-in Washington County, Or., 5060-5061 [2023-01580]

Download as PDF 5060 Federal Register / Vol. 88, No. 17 / Thursday, January 26, 2023 / Notices 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000, and Delegation of Authority No. 523 of December 22, 2021. Stacy E. White, Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2023–01588 Filed 1–25–23; 8:45 am] note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000, and Delegation of Authority No. 523 of December 22, 2021. Stacy E. White, Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2023–01587 Filed 1–25–23; 8:45 am] BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD BILLING CODE 4710–05–P [Docket No. AB 541 (Sub-No. 3X)] Portland & Western Railroad, Inc.— Abandonment Exemption—in Washington County, Or. DEPARTMENT OF STATE [Public Notice 11977] Notice of Determinations; Additional Culturally Significant Objects Being Imported for Exhibition— Determinations: ‘‘Juan de Pareja, Afro Hispanic Painter’’ Exhibition On February 8, 2022, notice was published on page 7230 of the Federal Register (volume 87, number 26) of determinations pertaining to a certain object to be included in an exhibition entitled ‘‘Juan de Pareja.’’ Notice is hereby given of the following determinations: I hereby determine that certain additional objects being imported from abroad pursuant to agreements with their foreign owners or custodians for temporary display in the aforesaid exhibition, now retitled ‘‘Juan de Pareja, Afro Hispanic Painter,’’ at The Metropolitan Museum of Art, New York, New York, and at possible additional exhibitions or venues yet to be determined, are of cultural significance, and, further, that their temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Elliot Chiu, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/ PD, 2200 C Street NW (SA–5), Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:17 Jan 25, 2023 Jkt 259001 Portland & Western Railroad, Inc. (PNWR), has filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments to abandon the rail line extending between milepost 10.28 in Forest Grove, Or., and milepost 4.68 in Hillsboro, Or. (the Line). PNWR owns a perpetual freight easement for the Line, and the underlying property is owned by the Oregon Department of Transportation. There are four stations on the Line: Forest Grove (milepost 10.28), Cornelius (milepost 7.8), Hillsboro (milepost 4.7) and Forest Grove Junction (milepost 4.68). The Line traverses U.S. Postal Service Zip Codes 97116, 97113, 97123, and 97124, entirely in Washington County, Or. PNWR has certified that: (1) No local or overhead traffic has moved over the Line since November 2015; (2) as the Line is stub-ended, 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 a complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(b) and 1105.8(c) (notice of environmental and historic reports),1 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to government agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— 1 On January 20, 2023, PNWR filed a supplement certifying that it complied with the requirements of 49 CFR 1105.11. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 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,2 this exemption will be effective on February 25, 2023, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues must be filed by February 3, 2023.3 Formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2) and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by February 6, 2023.4 Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by February 15, 2023. All pleadings, referring to Docket No. AB 541 (Sub-No. 3X), must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on PNWR’s representative, Justin J. Marks, Clark Hill PLC, 1001 Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004. If the verified notice contains false or misleading information, the exemption is void ab initio. PNWR has filed a combined environmental and historic report that addresses the potential effects, if any, of the abandonment on the environment and historic resources. OEA will issue a Draft Environmental Assessment (Draft EA) by January 31, 2023. The Draft EA will be available to interested persons on the Board’s website, by writing to OEA, or by calling OEA at (202) 245– 0294. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. Comments on environmental or historic 2 Persons interested in submitting an OFA must first file a formal expression of intent to file an offer, indicating the type of financial assistance they wish to provide (i.e., subsidy or purchase) and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(2)(i). 3 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 exemption’s 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 exemption’s effective date. 4 Filing fees for OFAs and trail use requests can be found at 49 CFR 1002.2(f)(25) and (27), respectively. E:\FR\FM\26JAN1.SGM 26JAN1 Federal Register / Vol. 88, No. 17 / Thursday, January 26, 2023 / Notices preservation matters must be filed within 15 days after the Draft 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), PNWR 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 PNWR’s filing of a notice of consummation by January 26, 2024, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. By the Board, Mai T. Dinh, Director, Office of Proceedings. Stefan Rice, Clearance Clerk. [FR Doc. 2023–01580 Filed 1–25–23; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; General Motors, LLC National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition for exemption. AGENCY: This document grants in full the General Motors, LLC’s (GM) petition for exemption from the Federal Motor Vehicle Theft Prevention Standard (theft prevention standard) for its Buick Envista line beginning in model year (MY) 2024. The petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the theft prevention standard. DATES: The exemption granted by this notice is effective beginning with the 2024 model year. FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of International Policy, Fuel Economy, and Consumer Programs, NHTSA, West Building, W43–439, NRM–310, 1200 New Jersey Avenue SE, Washington, DC 20590. Ms. Ballard’s phone number is (202) 366– 5222. Her fax number is (202) 493–2990. SUPPLEMENTARY INFORMATION: Under 49 U.S.C. chapter 331, the Secretary of lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:17 Jan 25, 2023 Jkt 259001 Transportation (and the National Highway Traffic Safety Administration (NHTSA) by delegation) is required to promulgate a theft prevention standard to provide for the identification of certain motor vehicles and their major replacement parts to impede motor vehicle theft. NHTSA promulgated regulations at 49 CFR part 541 (theft prevention standard) to require partsmarking for specified passenger motor vehicles and light trucks. Pursuant to 49 U.S.C. 33106, manufacturers that are subject to the parts-marking requirements may petition the Secretary of Transportation for an exemption for a line of passenger motor vehicles equipped with an antitheft device as standard equipment that the Secretary decides is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the partsmarking requirements. In accordance with this statute, NHTSA promulgated 49 CFR part 543, which establishes the process through which manufacturers may seek an exemption from the theft prevention standard. 49 CFR 543.5 provides general submission requirements for petitions and states that each manufacturer may petition NHTSA for an exemption of one vehicle line per model year. Among other requirements, manufacturers must identify whether the exemption is sought under section 543.6 or section 543.7. Under section 543.6, a manufacturer may request an exemption by providing specific information about the antitheft device, its capabilities, and the reasons the petitioner believes the device to be as effective at reducing and deterring theft as compliance with the parts-marking requirements. Section 543.7 permits a manufacturer to request an exemption under a more streamlined process if the vehicle line is equipped with an antitheft device (an ‘‘immobilizer’’) as standard equipment that complies with one of the standards specified in that section.1 1 49 CFR 543.7 specifies that the manufacturer must include a statement that their entire vehicle line is equipped with an immobilizer that meets one of the flowing standards: (1) The performance criteria (subsections 8 through 21) of C.R.C, c. 1038.114, Theft Protection and Rollaway Prevention (in effect March 30, 2011), as excerpted in appendix A of [part 543]; (2) National Standard of Canada CAN/ULC– S338–98, Automobile Theft Deterrent Equipment and Systems: Electronic Immobilization (May 1998); (3) United Nations Economic Commission for Europe (UN/ECE) Regulation No. 97 (ECE R97), Uniform Provisions Concerning Approval of Vehicle Alarm System (VAS) and Motor Vehicles with Regard to Their Alarm System (AS) in effect August 8, 2007; or (4) UN/ECE Regulation No. 116 (ECE R116), Uniform Technical Prescriptions Concerning the PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 5061 Section 543.8 establishes requirements for processing petitions for exemption from the theft prevention standard. As stated in section 543.8(a), NHTSA processes any complete exemption petition. If NHTSA receives an incomplete petition, NHTSA will notify the petitioner of the deficiencies. Once NHTSA receives a complete petition the agency will process it and, in accordance with section 543.8(b), will grant the petition if it determines that, based upon substantial evidence, the standard equipment antitheft device is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of Part 541. Section 543.8(c) requires NHTSA to issue its decision either to grant or to deny an exemption petition not later than 120 days after the date on which a complete petition is filed. If NHTSA does not make a decision within the 120-day period, the petition shall be deemed to be approved and the manufacturer shall be exempt from the standard for the line covered by the petition for the subsequent model year.2 Exemptions granted under part 543 apply only to the vehicle line or lines that are subject to the grant and that are equipped with the antitheft device on which the line’s exemption was based, and are effective for the model year beginning after the model year in which NHTSA issues the notice of exemption, unless the notice of exemption specifies a later year. Sections 543.8(f) and (g) apply to the manner in which NHTSA’s decisions on petitions are to be made known. Under section 543.8(f), if the petition is sought under section 543.6, NHTSA publishes a notice of its decision to grant or deny the exemption petition in the Federal Register and notifies the petitioner in writing. Under section 543.8(g), if the petition is sought under section 543.7, NHTSA notifies the petitioner in writing of the agency’s decision to grant or deny the exemption petition. This grant of petition for exemption considers General Motors, LLC’s (GM) petition for its Buick Envista vehicle line beginning in MY 2024. I. Specific Petition Content Requirements Under 49 CFR 543.6 Pursuant to 49 CFR part 543, Exemption from Vehicle Theft Prevention, GM petitioned for an exemption for its specified vehicle line from the parts-marking requirements of the theft prevention standard, beginning Protection of Motor Vehicles Against Unauthorized Use in effect on February 10, 2009. 2 49 U.S.C. 33106(d). E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5060-5061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01580]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 541 (Sub-No. 3X)]


Portland & Western Railroad, Inc.--Abandonment Exemption--in 
Washington County, Or.

    Portland & Western Railroad, Inc. (PNWR), has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon the rail line extending between milepost 10.28 
in Forest Grove, Or., and milepost 4.68 in Hillsboro, Or. (the Line). 
PNWR owns a perpetual freight easement for the Line, and the underlying 
property is owned by the Oregon Department of Transportation. There are 
four stations on the Line: Forest Grove (milepost 10.28), Cornelius 
(milepost 7.8), Hillsboro (milepost 4.7) and Forest Grove Junction 
(milepost 4.68). The Line traverses U.S. Postal Service Zip Codes 
97116, 97113, 97123, and 97124, entirely in Washington County, Or.
    PNWR has certified that: (1) No local or overhead traffic has moved 
over the Line since November 2015; (2) as the Line is stub-ended, 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 a complainant within the two-year period; and (4) the requirements 
at 49 CFR 1105.7(b) and 1105.8(c) (notice of environmental and historic 
reports),\1\ 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to government agencies) have been met.
---------------------------------------------------------------------------

    \1\ On January 20, 2023, PNWR filed a supplement certifying that 
it complied with the requirements of 49 CFR 1105.11.
---------------------------------------------------------------------------

    As a condition to this exemption, any employee adversely affected 
by the abandonment 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,\2\ this exemption will be 
effective on February 25, 2023, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues must be 
filed by February 3, 2023.\3\ Formal expressions of intent to file an 
OFA under 49 CFR 1152.27(c)(2) and interim trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by February 6, 2023.\4\ 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by February 15, 2023.
---------------------------------------------------------------------------

    \2\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ 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 exemption's 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 exemption's effective 
date.
    \4\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
---------------------------------------------------------------------------

    All pleadings, referring to Docket No. AB 541 (Sub-No. 3X), must be 
filed with the Surface Transportation Board either via e-filing on the 
Board's website or in writing addressed to 395 E Street SW, Washington, 
DC 20423-0001. In addition, a copy of each pleading must be served on 
PNWR's representative, Justin J. Marks, Clark Hill PLC, 1001 
Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    PNWR has filed a combined environmental and historic report that 
addresses the potential effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue a Draft 
Environmental Assessment (Draft EA) by January 31, 2023. The Draft EA 
will be available to interested persons on the Board's website, by 
writing to OEA, or by calling OEA at (202) 245-0294. Assistance for the 
hearing impaired is available through the Federal Relay Service at 
(800) 877-8339. Comments on environmental or historic

[[Page 5061]]

preservation matters must be filed within 15 days after the Draft 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), PNWR 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 PNWR's filing of a notice of 
consummation by January 26, 2024, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available at www.stb.gov.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-01580 Filed 1-25-23; 8:45 am]
BILLING CODE 4915-01-P
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