Eric Temple-Control Exemption-Portland Vancouver Junction Railroad, LLC, 10618 [2012-3941]
Download as PDF
<![CDATA[
10618
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012–3944 Filed 2–21–12; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35594]
Eric Temple—Control Exemption—
Portland Vancouver Junction Railroad,
LLC
srobinson on DSK4SPTVN1PROD with NOTICES
Eric Temple (applicant), a noncarrier
individual, has filed a verified notice of
exemption to acquire direct control of
Portland Vancouver Junction Railroad,
LLC (PVJR), a wholly owned subsidiary
of Columbia Basin Railroad Company,
Inc. (CBRW), upon his acquiring 100%
of the membership interest in PVJR.
The transaction is expected to be
consummated on or after March 7, 2012.
Applicant and Nicholas B. Temple
directly control CBRW and Central
Washington Railroad Company (CWA),
and they indirectly control PVJR.1
CBRW, CWA and PVJR are all Class III
rail carriers that lease and operate rail
lines between specified points within
the State of Washington.2
Applicant states that: (1) PVJR does
not connect with any rail lines of CBRW
or CWA; (2) the transaction is not part
of a series of anticipated transactions
that would connect these rail lines with
each other; and (3) the transaction does
not involve a Class I rail carrier.
Therefore, the transaction is exempt
from the prior approval requirements of
49 U.S.C. 11323. See 49 CFR
1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. Section 11326(c), however,
does not provide for labor protection for
transactions under §§ 11324 and 11325
that involve only Class III rail carriers.
Accordingly, the Board may not impose
labor protective conditions here,
because all of the carriers involved are
Class III carriers.
If the notice contains false or
misleading information, the exemption
1 Applicant states that Nicholas B. Temple and he
each have a 50% ownership interest in CBRW and
a 45% ownership interest in CWA.
2 See Nicholas B. Temple, Eric Temple, Columbia
Basin R.R., Cent. Wash. R.R. and Portland
Vancouver Junction R.R.—Corporate Family
Transaction Exemption, FD 35210 (STB served Jan.
16, 2009); and Nicholas B. Temple and Eric
Temple—Control Exemption—Cent. Wash. R.R., FD
34641 (STB served Jan. 21, 2005).
VerDate Mar<15>2010
16:37 Feb 21, 2012
Jkt 226001
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than February 29, 2012
(at least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35594, must be filed with the Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on Rose-Michele Nardi.,
Weiner Brodsky Sidman Kider PC, 1300
19th St. NW., Fifth Floor, Washington,
DC 20036–1609.
Board decisions and notices are
available on our Web site at
www.stb.dot.gov.
Decided: February 13, 2012.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012–3941 Filed 2–21–12; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 33506]
Western Coal Traffic League—Petition
for Declaratory Order
AGENCY:
Surface Transportation Board,
DOT.
ACTION:
Notice of public hearing.
The Surface Transportation
Board (Board) instituted a declaratory
order proceeding on September 28,
2011, Western Coal Traffic League—
Petition for Declaratory Order, FD 35506
(STB served Sept. 28, 2011), and will
hold a public hearing to explore the
effect of the price that Berkshire
Hathaway, Inc. (Berkshire) paid to
acquire BNSF Railway Company (BNSF)
in 2010 on the Board’s annual Uniform
Rail Costing System (URCS) and
revenue adequacy determinations, with
respect to BNSF.
DATES: The hearing will begin at 9:30
a.m., on Thursday, March 22, 2012, in
the Board’s hearing room at the Board’s
headquarters located at 395 E Street
SW., Washington, DC. The hearing will
be open for public observation. Anyone
wishing to participate at the hearing
shall file with the Board a notice of
intent to participate (identifying the
party, the proposed speaker, and the
time requested), and a summary of the
SUMMARY:
PO 00000
Frm 00147
Fmt 4703
Sfmt 4703
intended testimony (not to exceed 3
pages), no later than Tuesday, March 6,
2012. All witnesses are encouraged to
use their hearing time to call attention
to the points they believe are
particularly important. Witnesses
should present a short oral statement of
their comments and be prepared to
answer questions from the Board.
ADDRESSES: All filings may be submitted
either via the Board’s e-filing format or
in the traditional paper format. Any
person using e-filing should attach a
document and otherwise comply with
the instructions at the ‘‘E-FILING’’ link
on the Board’s www.stb.dot.gov Web
site. Any person submitting a filing in
the traditional paper format should send
an original and 10 copies of the filing to:
Surface Transportation Board, Attn:
Docket No. FD 35506, 395 E Street SW.,
Washington, DC 20423–0001.
Copies of written submissions will be
posted to the Board’s Web site and will
be available for viewing and selfcopying in the Board’s public docket
room, Suite 131. Copies of the
submissions will also be available (for a
fee) by contacting the Board’s Chief
Records Officer at (202) 245–0238 or
395 E Street SW., Washington, DC
20423–0001.
FOR FURTHER INFORMATION CONTACT:
Valerie Quinn at (202) 245–0382.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at
(800) 877–8339.
SUPPLEMENTARY INFORMATION: In this
proceeding, the Western Coal Traffic
League (WCTL), and other parties,1
argue that the Class I Railroad Annual
Report submitted by BNSF to the Board
for the year ending December 31, 2010
(2010 R–1), produces a write-up in
BNSF’s net investment base for URCS
costing purposes equal to $8.1 billion 2
and a decrease in BNSF’s 2010 annual
depreciation calculations by $128
million, both based on the $43 billion
that Berkshire paid to acquire BNSF.
WCTL also argues that the $8.1 billion
write-up increases BNSF’s variable
costs, and raises the quantitative
jurisdictional threshold for rate
reasonableness proceedings, thus
decreasing the number of shippers that
could pursue rate cases before the
Board, as well as decreasing the
1 For convenience, in this decision we will refer
to the arguments made by WCTL, and other
supporting parties, largely within the context of
WCTL’s pleadings.
2 In its opening evidence filed on October 28,
2011, WCTL states that it initially calculated the
acquisition premium as $7.625 billion, but based on
new information received from BNSF, WCTL has
revised this figure to $8.1 billion. See WCTL
Opening 2 n.1.
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Page 10618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3941]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35594]
Eric Temple--Control Exemption--Portland Vancouver Junction
Railroad, LLC
Eric Temple (applicant), a noncarrier individual, has filed a
verified notice of exemption to acquire direct control of Portland
Vancouver Junction Railroad, LLC (PVJR), a wholly owned subsidiary of
Columbia Basin Railroad Company, Inc. (CBRW), upon his acquiring 100%
of the membership interest in PVJR.
The transaction is expected to be consummated on or after March 7,
2012.
Applicant and Nicholas B. Temple directly control CBRW and Central
Washington Railroad Company (CWA), and they indirectly control PVJR.\1\
CBRW, CWA and PVJR are all Class III rail carriers that lease and
operate rail lines between specified points within the State of
Washington.\2\
---------------------------------------------------------------------------
\1\ Applicant states that Nicholas B. Temple and he each have a
50% ownership interest in CBRW and a 45% ownership interest in CWA.
\2\ See Nicholas B. Temple, Eric Temple, Columbia Basin R.R.,
Cent. Wash. R.R. and Portland Vancouver Junction R.R.--Corporate
Family Transaction Exemption, FD 35210 (STB served Jan. 16, 2009);
and Nicholas B. Temple and Eric Temple--Control Exemption--Cent.
Wash. R.R., FD 34641 (STB served Jan. 21, 2005).
---------------------------------------------------------------------------
Applicant states that: (1) PVJR does not connect with any rail
lines of CBRW or CWA; (2) the transaction is not part of a series of
anticipated transactions that would connect these rail lines with each
other; and (3) the transaction does not involve a Class I rail carrier.
Therefore, the transaction is exempt from the prior approval
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board may not use its exemption
authority to relieve a rail carrier of its statutory obligation to
protect the interests of its employees. Section 11326(c), however, does
not provide for labor protection for transactions under Sec. Sec.
11324 and 11325 that involve only Class III rail carriers. Accordingly,
the Board may not impose labor protective conditions here, because all
of the carriers involved are Class III carriers.
If the notice contains false or misleading information, the
exemption is void ab initio. Petitions to revoke the exemption under 49
U.S.C. 10502(d) may be filed at any time. The filing of a petition to
revoke will not automatically stay the effectiveness of the exemption.
Petitions for stay must be filed no later than February 29, 2012 (at
least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35594, must be filed with the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423-0001. In addition, a copy of each
pleading must be served on Rose-Michele Nardi., Weiner Brodsky Sidman
Kider PC, 1300 19th St. NW., Fifth Floor, Washington, DC 20036-1609.
Board decisions and notices are available on our Web site at
www.stb.dot.gov.
Decided: February 13, 2012.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-3941 Filed 2-21-12; 8:45 am]
BILLING CODE 4915-01-P
