CWW, LLC-Lease and Operation Exemption-Port of Columbia, Wash., 46153 [2016-16781]

Download as PDF Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices rail service under 49 CFR 1152.27(c)(2) 1 must be filed by July 25, 2016.2 Petitions to reopen must be filed by August 4, 2016, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to CW’s representative: William A. Mullins, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: July 12, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. Contee, Clearance Clerk. [FR Doc. 2016–16774 Filed 7–14–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36044] CWW, LLC—Lease and Operation Exemption—Port of Columbia, Wash. sradovich on DSK3GMQ082PROD with NOTICES CWW, LLC (CWW), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from the Port of Columbia, Wash. and to operate, approximately 37.1 miles of rail line, referred to as the Dayton Line, between milepost 33.0 near Walla Walla, Wash. and milepost 70.1 at Dayton, Wash., pursuant to an executed lease and operating agreement. This transaction is related to a concurrently filed verified notice of exemption in Paul Didelius— Continuance in Control Exemption— CWW, LLC, Docket No. FD 36045, in which Paul Didelius seeks Board approval to continue in control of CWW under 49 CFR 1180.2(d)(2), upon CWW’s becoming a Class III rail carrier. CWW certifies that the projected annual revenues as a result of this transaction do not exceed those that would qualify it as a Class III rail carrier and states the projected annual revenues of CWW shall not exceed $5 million dollars.1 CWW states that it expects to 1 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). 2 Because CW is seeking to discontinue service, not to abandon the Line, trail use/rail banking and public use conditions are not appropriate. Because there will be environmental review during abandonment, this discontinuance does not require an environmental review. 1 By letter filed July 6, 2016, CWW supplemented its notice of exemption with a statement that the VerDate Sep<11>2014 19:03 Jul 14, 2016 Jkt 238001 execute an agreement to interchange with Palouse River & Coulee City Railroad, LLC imposing no interchange commitments. The transaction may be consummated on August 5, 2016, the effective date of the exemption (30 days after the verified notice of exemption was filed).2 If the verified 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 to stay must be filed by July 29, 2016 (at least seven days prior to the date the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36044 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 applicant’s representative, James H.M. Savage, 22 Rockingham Court, Germantown, MD 20874. According to CWW, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: July 12, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2016–16781 Filed 7–14–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36028] Kanawha River Railroad, LLC—Lease Exemption Containing Interchange Commitment—Norfolk Southern Railway Company Kanawha River Railroad, LLC (KNWA), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease and operate nine rail segments totaling 308.85 miles from Norfolk Southern Railway Company (NSR). These line segments run (1) between mileposts V 382.0 at Maben, W. Va., and V 435.0 at DB (Deepwater Bridge), W. Va.; (2) between milepost RR 7.0 at Refugee, Ohio, and milepost projected annual revenues of CWW shall not exceed $5 million dollars. 2 Because, as noted, CWW supplemented its verified notice on July 6, 2016, that date is considered the filing date of the verified notice. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 46153 RR 116.5 at Hobson Yard, Ohio; (3) between milepost WV 125.6 at Conco, Ohio and milepost WV 253.4 at Cornelia, W. Va.; (4) between milepost VC 0.0 at Vaco Junction, W. Va., and milepost VC 0.84 at Deepwater W. Va.; (5) between Hitop RT at milepost TP 0.0 at Charleston, W. Va., and the end of the track at milepost TP 1.0; (6) between Jones IT at milepost JT 0.0 at Jones, W. Va., and the end of the track at milepost JT 1.3; (7) between milepost VG 0.0 at Virwest, W. Va., and milepost VG 12.1 at Bolt, W. Va., (8) between milepost MY 0.0 at Milam, W. Va., and the end of the track at MY 1.01; and (9) between milepost PE 0.0 at Putt, W. Va., and milepost PE 2.3 at Putt End Branch, W. Va.1 This transaction is related to a concurrently filed verified notice of exemption in Watco Holdings, Inc.— Continuance in Control Exemption— Kanawha River Railroad LLC, Docket No. FD 36029, wherein Watco Holdings, Inc. seeks Board authority to continue in control of KNWA upon KNWA’s becoming a Class III rail carrier. KNWA plans to lease and increase operations on the subject rail lines in Ohio and West Virginia (189 miles of the subject lines are in active service; the remainder of the track is idled or has been taken out of service by NSR).2 KNWA intends to return the entire main line component of the rail lines to daily operation. NSR suspended operations on part of the rail lines in Ohio in early 2016 due to declining rail traffic volumes, and rerouted traffic on other routes. KNWA has certified that its projected annual revenues that will result from the proposed transaction will not result in KNWA becoming a Class II or Class I rail carrier. KNWA has further certified that its projected annual rail freight revenues, including the lines to be operated pursuant to this notice, will exceed $5 million. Accordingly, as required by 49 CFR 1150.42(e), KNWA has certified that on May 18 and 19, 1 The notice of exemption was initially filed on June 28, 2016, but was resubmitted with corrections on July 1, 2016. Therefore July 1, 2016, is the official filing date and the basis for all dates in this notice. 2 KNWA has filed the lease agreement under seal pursuant to 49 CFR 1150.43(h)(1)(ii). On July 7, 2016, Dow Chemical Company (Dow) filed a motion for access to the confidential lease documents, pursuant to 49 CFR 1150.43(h)(2), and a motion for protective order. On July 8, 2016, M&G Polymers USA, LLC (M&G) filed similar motions. Both Dow and M&G stated that KNWA had agreed to grant such access once a protective order was in place. On July 8, 2016, the Board granted M&G’s motion for protective order and motion for access to confidential documents. On July 11, 2016, the Board granted Dow’s motion for access to confidential documents. E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Page 46153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16781]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36044]


CWW, LLC--Lease and Operation Exemption--Port of Columbia, Wash.

    CWW, LLC (CWW), a noncarrier, has filed a verified notice of 
exemption under 49 CFR 1150.31 to lease from the Port of Columbia, 
Wash. and to operate, approximately 37.1 miles of rail line, referred 
to as the Dayton Line, between milepost 33.0 near Walla Walla, Wash. 
and milepost 70.1 at Dayton, Wash., pursuant to an executed lease and 
operating agreement.
    This transaction is related to a concurrently filed verified notice 
of exemption in Paul Didelius--Continuance in Control Exemption--CWW, 
LLC, Docket No. FD 36045, in which Paul Didelius seeks Board approval 
to continue in control of CWW under 49 CFR 1180.2(d)(2), upon CWW's 
becoming a Class III rail carrier.
    CWW certifies that the projected annual revenues as a result of 
this transaction do not exceed those that would qualify it as a Class 
III rail carrier and states the projected annual revenues of CWW shall 
not exceed $5 million dollars.\1\ CWW states that it expects to execute 
an agreement to interchange with Palouse River & Coulee City Railroad, 
LLC imposing no interchange commitments.
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    \1\ By letter filed July 6, 2016, CWW supplemented its notice of 
exemption with a statement that the projected annual revenues of CWW 
shall not exceed $5 million dollars.
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    The transaction may be consummated on August 5, 2016, the effective 
date of the exemption (30 days after the verified notice of exemption 
was filed).\2\ If the verified 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 to stay must be filed by July 29, 2016 (at 
least seven days prior to the date the exemption becomes effective).
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    \2\ Because, as noted, CWW supplemented its verified notice on 
July 6, 2016, that date is considered the filing date of the 
verified notice.
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    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36044 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 applicant's representative, James H.M. 
Savage, 22 Rockingham Court, Germantown, MD 20874.
    According to CWW, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: July 12, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-16781 Filed 7-14-16; 8:45 am]
 BILLING CODE 4915-01-P