Paul Didelius-Continuance in Control Exemption-CWW, LLC, 46152 [2016-16782]

Download as PDF 46152 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices 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. Stay petitions must be filed no later than July 22, 2016 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36029, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Robert A. Wimbish, Fletcher & Sippel LLC, 29 N. Wacker Drive, Suite 920, Chicago, IL 60606, and Karl Morell, Karl Morell & Associates, Suite 225, 655 Fifteenth St. NW., Washington, DC 20005. 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. Tia Delano, Clearance Clerk. [FR Doc. 2016–16795 Filed 7–14–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36045] Paul Didelius—Continuance in Control Exemption—CWW, LLC sradovich on DSK3GMQ082PROD with NOTICES Paul Didelius (Didelius), an individual and noncarrier,1 has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of CWW, LLC (CWW), upon CWW’s becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in CWW, LLC—Lease & Operation Exemption—Port of Columbia, Wash., Docket No. FD 36044, wherein CWW seeks Board approval 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 1 Didelius currently owns 100% of LRY, LLC d/b/a Lake Railway (LRY), a Class III carrier that leases and operates rail lines owned by Union Pacific Railroad Company in California and Oregon; 49% of YCR Corporation (YCR), a Class III rail carrier established for the purpose of leasing and operating a line of railroad owned by Yakima County, Wash.; 100% of CCET, LLC (CCET), a Class III short line rail carrier organized for the purpose of leasing and operating a rail line owned by Norfolk Southern Railway Company in Ohio; and 100% of WRL, LLC (WRL), a Class III carrier that leases and operates a rail line owned by Port of Royal Slope, a Washington state municipal corporation, in Washington. VerDate Sep<11>2014 19:03 Jul 14, 2016 Jkt 238001 milepost 33.0 near Walla Walla, Wash., and milepost 70.1 at Dayton, Wash. The transaction may be consummated on or after July 30, 2016, the effective date of the exemption (30 days after the verified notice of exemption was filed). Didelius represents that: (1) The rail properties that will be operated and controlled by Didelius, namely LRY, YCR, CCET, WRL, and CWW, do not physically connect; (2) there are no plans to acquire additional rail lines for the purpose of making a connection; and (3) each of the carriers involved in the continuance in control transaction is a Class III 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 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 for stay must be filed no later than June 22, 2016 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36045, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on James H.M. Savage, 22 Rockingham Court, Germantown, MD 20874. 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. 2016–16782 Filed 7–14–16; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 SURFACE TRANSPORTATION BOARD [Docket No. AB 290 (Sub-No. 387X)] Chesapeake Western Railway— Discontinuance of Service Exemption—in Rockingham and Shenandoah Counties, VA Chesapeake Western Railway (CW), a wholly owned subsidiary of Norfolk Southern Railway Company, filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over an approximately 15.1-mile rail line, between milepost CW 84.4 at Mt. Jackson, VA, and milepost CW 99.5 at Broadway, VA, in Rockingham and Shenandoah Counties, VA (the Line). The Line traverses United States Postal Service Zip Codes 22842, 22844, 22847, 22853, and 22815. CW has certified that: (1) No local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years, and if there were any overhead traffic, it could be rerouted over other lines; (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 before the Surface Transportation Board or any U.S. District Court or has been decided in favor of a complainant within the twoyear 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 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) to subsidize continued rail service has been received, this exemption will become effective on August 16, 2016 (50 days after the filing of the exemption), unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Page 46152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16782]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36045]


Paul Didelius--Continuance in Control Exemption--CWW, LLC

    Paul Didelius (Didelius), an individual and noncarrier,\1\ has 
filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of CWW, LLC (CWW), upon CWW's becoming a Class III 
rail carrier.
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    \1\ Didelius currently owns 100% of LRY, LLC d/b/a Lake Railway 
(LRY), a Class III carrier that leases and operates rail lines owned 
by Union Pacific Railroad Company in California and Oregon; 49% of 
YCR Corporation (YCR), a Class III rail carrier established for the 
purpose of leasing and operating a line of railroad owned by Yakima 
County, Wash.; 100% of CCET, LLC (CCET), a Class III short line rail 
carrier organized for the purpose of leasing and operating a rail 
line owned by Norfolk Southern Railway Company in Ohio; and 100% of 
WRL, LLC (WRL), a Class III carrier that leases and operates a rail 
line owned by Port of Royal Slope, a Washington state municipal 
corporation, in Washington.
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    This transaction is related to a concurrently filed verified notice 
of exemption in CWW, LLC--Lease & Operation Exemption--Port of 
Columbia, Wash., Docket No. FD 36044, wherein CWW seeks Board approval 
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.
    The transaction may be consummated on or after July 30, 2016, the 
effective date of the exemption (30 days after the verified notice of 
exemption was filed).
    Didelius represents that: (1) The rail properties that will be 
operated and controlled by Didelius, namely LRY, YCR, CCET, WRL, and 
CWW, do not physically connect; (2) there are no plans to acquire 
additional rail lines for the purpose of making a connection; and (3) 
each of the carriers involved in the continuance in control transaction 
is a Class III 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 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 for stay must be filed no later than June 22, 2016 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36045, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on James H.M. Savage, 22 Rockingham Court, 
Germantown, MD 20874.
    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. 2016-16782 Filed 7-14-16; 8:45 am]
 BILLING CODE 4915-01-P
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