80 FR 55713 - Western Washington Railroad, LLC-Operation Exemption-Port of Chehalis

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 179 (September 16, 2015)

[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Page 55713]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23266]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35922]


Western Washington Railroad, LLC--Operation Exemption--Port of 
Chehalis

    Western Washington Railroad, LLC (WWRR) has filed a verified notice 
of exemption under 49 CFR 1150.41 to operate, pursuant to a sublicense 
agreement dated May 6, 2014,\1\ with the Chehalis-Centralia Railroad & 
Museum (CCRM), a noncarrier excursion train operator, approximately 
10.2 miles of rail line owned by the Port of Chehalis (the Port) 
between milepost 0.0 at the junction with the City of Tacoma's rail 
line (Tacoma Rail milepost 67.0) and milepost 10.2 in Curtis, Lewis 
County, Wash.
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    \1\ This notice was originally filed on July 13, 2015. On July 
27, 2015, in order to clarify the nature of the rights being 
acquired, WWRR filed a redacted and an unredacted version of the 
agreement. On the same date, WWRR filed a motion for protective 
order pursuant to 49 CFR 1104.14(b) to allow the filing under seal 
of the unredacted agreement. In a decision served on August 12, 
2015, the Board granted the motion for a protective order. On the 
same date, the Board also served a decision to hold the proceeding 
in abeyance, and directed WWRR to file supplemental information by 
September 1, 2015, to inform the Board why it postponed seeking 
Board authorization to operate on the Line and whether the parties 
need Board authorization for any agreements incorporated into the 
sublicense agreement by reference. The supplemental information was 
submitted to the Board on August 31, 2015.
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    WWRR states that neither the sublicense agreement between WWRR and 
CCRM nor the license agreement between CCRM and the Port contain any 
provision that prohibits WWRR from interchanging traffic with a third 
party or that limits WWRR's ability to interchange with a third party. 
WWRR also states that the Port has provided its consent to the 
sublicense agreement.
    The parties may consummate the transaction on or after September 
30, 2015, the effective date of this exemption (30 days after the 
verified notice was filed).
    WWRR certifies that the projected annual revenues as a result of 
this transaction will not result in WWRR's becoming a Class I or Class 
II rail carrier and will not exceed $5 million.
    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 September 23, 2015 (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 35922, 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, W. Karl Hansen, 
Stinson Leonard Street LLP, 150 South Fifth Street, Suite 2300, 
Minneapolis, MN 55402.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: September 11, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2015-23266 Filed 9-15-15; 8:45 am]
BILLING CODE 4915-01-P