81 FR 46151 - Watco Holdings, Inc.-Continuance in Control Exemption-Kanawha River Railroad, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 136 (July 15, 2016)

Page Range		46151-46152
FR Document		2016-16795

Federal Register, Volume 81 Issue 136 (Friday, July 15, 2016)

[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Pages 46151-46152]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16795]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36029]


Watco Holdings, Inc.--Continuance in Control Exemption--Kanawha 
River Railroad, LLC

    Watco Holdings, Inc. (Watco), a noncarrier, has filed a verified 
notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in 
control of Kanawha River Railroad, LLC (KNWA), upon KNWA's becoming a 
Class III rail carrier. Watco owns, indirectly, 100% of the issued and 
outstanding stock of KNWA, a limited liability company.\1\
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    \1\ The notice of exemption was initially filed on June 28, 
2016. After representative consultation with the Board, the filing 
was resubmitted on July 1, 2016, and therefore that is the official 
filing date and the basis for all dates in this notice.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Kanawha River Railroad, L.L.C.--Lease Exemption 
Containing Interchange Commitment--Norfolk Southern Railway Company, 
Docket No. FD 36028, wherein KNWA seeks Board approval to lease and 
operate approximately nine rail segments, totaling 308.85 miles of rail 
line from the Norfolk Southern Railway Company. The 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 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 1.0l; and (9) 
between milepost PE 0.0 at Putt, W. Va., and milepost PE 2.3 at Putt 
End Branch, W. Va.
    The transaction may be consummated on or after July 31, 2016, the 
effective date of the exemption, 30 days after the supplemental notice 
of exemption was filed.
    Watco currently controls, indirectly, 33 Class III rail carriers 
and one Class II rail carrier, collectively operating in 23 states. For 
a complete list of these rail carriers, and the states in which they 
operate, see Watco's notice of exemption filed on July 1, 2016. The 
notice is available on the Board's Web site at WWW.STB.DOT.GOV.
    Watco represents that: (1) The rail lines to be operated by KNWA do 
not connect with any other railroads operated by the carrier in the 
Watco's corporate family; (2) the continuance in control is not part of 
a series of anticipated transactions that would connect the rail lines 
to be operated by KNWA with any other railroad in applicant's corporate 
family; 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

[[Page 46152]]

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

Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices 46151

For the Commission, by the Division of 16, 2016, unless stayed pending approximately nine rail segments,
Trading and Markets, pursuant to delegated reconsideration. Petitions to stay that do totaling 308.85 miles of rail line from
authority.21 not involve environmental issues and the Norfolk Southern Railway Company.
Robert W. Errett, formal expressions of intent to file an The line segments run (1) between
Deputy Secretary. OFA to subsidize continued rail service mileposts V 382.0 at Maben, W. Va., and
[FR Doc. 2016–16724 Filed 7–14–16; 8:45 am] under 49 CFR 1152.27(c)(2) 1 must be V 435.0 at DB (Deepwater Bridge), W.
BILLING CODE 8011–01–P filed by July 25, 2016.2 Petitions to Va.; (2) between milepost RR 7.0 at
reopen must be filed by August 4, 2016, Refugee, Ohio, and milepost RR 116.5 at
with the Surface Transportation Board, Hobson Yard, Ohio; (3) between
SURFACE TRANSPORTATION BOARD 395 E Street SW., Washington, DC milepost WV 125.6 at Conco, Ohio and
20423–0001. milepost WV 253.4 at Cornelia, W. Va.;
[Docket No. AB 290 (Sub-No. 383X)] A copy of any petition filed with the (4) between milepost VC 0.0 at Vaco
Board should be sent to NSR’s Junction, W. Va., and milepost VC 0.84
Norfolk Southern Railway Company— representative: William A. Mullins, at Deepwater, W. Va. (5) between Hitop
Discontinuance of Service Baker & Miller PLLC, 2401 Pennsylvania RT at milepost TP 0.0 at Charleston, W.
Exemption—In Shenandoah County, Ave. NW., Suite 300, Washington, DC Va., and the end of the track at milepost
VA 20037. TP 1.0; (6) between Jones IT at milepost
If the verified notice contains false or JT 0.0 at Jones, W. Va., and the end of
Norfolk Southern Railway Company misleading information, the exemption
(NSR) has filed a verified notice of the track at milepost JT 1.3; (7) between
is void ab initio. milepost VG 0.0 at Virwest, W. Va., and
exemption under 49 CFR part 1152, Board decisions and notices are milepost VG 12.1 at Bolt, W. Va., (8)
subpart F—Exempt Abandonments and available on our Web site at between milepost MY 0.0 at Milam, W.
Discontinuance of Service to WWW.STB.DOT.GOV. Va., and the end of the track at MY 1.0l;
discontinue service over an
Decided: July 12, 2016. and (9) between milepost PE 0.0 at Putt,
approximately 16.9-mile rail line
By the Board, Rachel D. Campbell, W. Va., and milepost PE 2.3 at Putt End
extending from milepost B 62.0 (at
Director, Office of Proceedings. Branch, W. Va.
Strasburg, VA) to milepost B 78.9 (near The transaction may be consummated
Edinburg, VA) in Shenandoah County, Raina S. Contee,
Clearance Clerk. on or after July 31, 2016, the effective
VA (the Line). The Line traverses United date of the exemption, 30 days after the
States Postal Service Zip Codes 22657, [FR Doc. 2016–16773 Filed 7–14–16; 8:45 am]
supplemental notice of exemption was
22660, 22644, 22664, and 22824. BILLING CODE 4915–01–P
filed.
NSR has certified that: (1) No local Watco currently controls, indirectly,
traffic has moved over the Line for at 33 Class III rail carriers and one Class
least two years; (2) because the Line is SURFACE TRANSPORTATION BOARD
II rail carrier, collectively operating in
not a through route, no overhead traffic [Docket No. FD 36029] 23 states. For a complete list of these
has operated, and, therefore, none needs rail carriers, and the states in which
to be rerouted over other lines; (3) no Watco Holdings, Inc.—Continuance in they operate, see Watco’s notice of
formal complaint filed by a user of rail Control Exemption—Kanawha River exemption filed on July 1, 2016. The
service on the Line (or by a state or local Railroad, LLC notice is available on the Board’s Web
government entity acting on behalf of site at WWW.STB.DOT.GOV.
Watco Holdings, Inc. (Watco), a
such user) regarding cessation of service Watco represents that: (1) The rail
noncarrier, has filed a verified notice of
over the Line is pending either with the lines to be operated by KNWA do not
exemption pursuant to 49 CFR
Surface Transportation Board (Board) or connect with any other railroads
1180.2(d)(2) to continue in control of
with any U.S. District Court or has been operated by the carrier in the Watco’s
Kanawha River Railroad, LLC (KNWA),
decided in favor of complainant within corporate family; (2) the continuance in
upon KNWA’s becoming a Class III rail
the two-year period; and (4) the control is not part of a series of
carrier. Watco owns, indirectly, 100% of
requirements at 49 CFR 1105.12 anticipated transactions that would
the issued and outstanding stock of
(newspaper publication) and 49 CFR connect the rail lines to be operated by
KNWA, a limited liability company.1
1152.50(d)(1) (notice to governmental This transaction is related to a KNWA with any other railroad in
agencies) have been met. concurrently filed verified notice of applicant’s corporate family; and (3) the
As a condition to this exemption, any exemption in Kanawha River Railroad, transaction does not involve a Class I
employee adversely affected by the L.L.C.—Lease Exemption Containing rail carrier. Therefore, the transaction is
discontinuance of service shall be Interchange Commitment—Norfolk exempt from the prior approval
protected under Oregon Short Line Southern Railway Company, Docket No. requirements of 49 U.S.C. 11323. See 49
Railroad—Abandonment Portion FD 36028, wherein KNWA seeks Board CFR 1180.2(d)(2).
Goshen Branch Between Firth & approval to lease and operate Under 49 U.S.C. 10502(g), the Board
Ammon, in Bingham & Bonneville may not use its exemption authority to
Counties, Idaho, 360 I.C.C. 91 (1979). To 1 Each OFA must be accompanied by the filing relieve a rail carrier of its statutory
address whether this condition fee, which is currently set at $1,600. See 49 CFR obligation to protect the interests of its
adequately protects affected employees, 1002.2(f)(25). employees. Section 11326(c), however,
2 Because this is a discontinue proceeding and
a petition for partial revocation under does not provide for labor protection for
not an abandonment, interim trail use/rail banking
sradovich on DSK3GMQ082PROD with NOTICES

49 U.S.C. 10502(d) must be filed. and public use conditions are not appropriate.
transactions under 11324 and 11325
Provided no formal expression of Because there will be an environmental review that involve only Class III rail carriers.
intent to file an offer of financial during abandonment, this discontinuance does not Accordingly, the Board may not impose
assistance (OFA) to subsidize continued require an environmental review. labor protective conditions here,
1 The notice of exemption was initially filed on
rail service has been received, this because all of the carriers involved are
June 28, 2016. After representative consultation
exemption will be effective on August with the Board, the filing was resubmitted on July Class III carriers.
1, 2016, and therefore that is the official filing date If the notice contains false or
21 17 CFR 200.30–3(a)(12). and the basis for all dates in this notice. misleading information, the exemption

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46152 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices

is void ab initio. Petitions to revoke the milepost 33.0 near Walla Walla, Wash., SURFACE TRANSPORTATION BOARD
exemption under 49 U.S.C. 10502(d) and milepost 70.1 at Dayton, Wash.
may be filed at any time. The filing of The transaction may be consummated [Docket No. AB 290 (Sub-No. 387X)]
a petition to revoke will not on or after July 30, 2016, the effective
automatically stay the effectiveness of date of the exemption (30 days after the Chesapeake Western Railway—
the exemption. Stay petitions must be Discontinuance of Service
verified notice of exemption was filed).
filed no later than July 22, 2016 (at least Exemption—in Rockingham and
seven days before the exemption Didelius represents that: (1) The rail Shenandoah Counties, VA
becomes effective). properties that will be operated and
An original and 10 copies of all controlled by Didelius, namely LRY, Chesapeake Western Railway (CW), a
pleadings, referring to Docket No. FD YCR, CCET, WRL, and CWW, do not wholly owned subsidiary of Norfolk
36029, must be filed with the Surface physically connect; (2) there are no Southern Railway Company, filed a
Transportation Board, 395 E Street SW., plans to acquire additional rail lines for verified notice of exemption under 49
Washington, DC 20423–0001. In the purpose of making a connection; CFR part 1152 subpart F—Exempt
addition, one copy of each pleading and (3) each of the carriers involved in Abandonments and Discontinuances of
must be served on Robert A. Wimbish, the continuance in control transaction is Service to discontinue service over an
Fletcher & Sippel LLC, 29 N. Wacker a Class III carrier. Therefore, the approximately 15.1-mile rail line,
Drive, Suite 920, Chicago, IL 60606, and transaction is exempt from the prior between milepost CW 84.4 at Mt.
Karl Morell, Karl Morell & Associates, approval requirements of 49 U.S.C. Jackson, VA, and milepost CW 99.5 at
Suite 225, 655 Fifteenth St. NW., 11323. See 49 CFR 1180.2(d)(2). Broadway, VA, in Rockingham and
Washington, DC 20005. Shenandoah Counties, VA (the Line).
Board decisions and notices are Under 49 U.S.C. 10502(g), the Board
The Line traverses United States Postal
available on our Web site at may not use its exemption authority to Service Zip Codes 22842, 22844, 22847,
WWW.STB.DOT.GOV. relieve a rail carrier of its statutory 22853, and 22815.
Decided: July 12, 2016.
obligation to protect the interests of its
employees. Section 11326(c), however, CW has certified that: (1) No local
By the Board, Rachel D. Campbell, traffic has moved over the Line for at
Director, Office of Proceedings. does not provide for labor protection for
least two years; (2) no overhead traffic
Tia Delano, transactions under §§ 11324 and 11325
has moved over the Line for at least two
that involve only Class III rail carriers.
Clearance Clerk. years, and if there were any overhead
Accordingly, the Board may not impose
[FR Doc. 2016–16795 Filed 7–14–16; 8:45 am] traffic, it could be rerouted over other
labor protective conditions here, lines; (3) no formal complaint filed by
BILLING CODE 4915–01–P
because all of the carriers involved are a user of rail service on the Line (or by
Class III carriers. a state or local government entity acting
SURFACE TRANSPORTATION BOARD If the verified notice contains false or on behalf of such user) regarding
[Docket No. FD 36045]
misleading information, the exemption cessation of service over the Line either
is void ab initio. Petitions to revoke the is pending before the Surface
Paul Didelius—Continuance in Control exemption under 49 U.S.C. 10502(d) Transportation Board or any U.S.
Exemption—CWW, LLC may be filed at any time. The filing of District Court or has been decided in
a petition to revoke will not favor of a complainant within the two-
Paul Didelius (Didelius), an year period; and (4) the requirements at
automatically stay the effectiveness of
individual and noncarrier,1 has filed a 49 CFR 1105.12 (newspaper
the exemption. Petitions for stay must
verified notice of exemption pursuant to publication), and 49 CFR 1152.50(d)(1)
49 CFR 1180.2(d)(2) to continue in be filed no later than June 22, 2016 (at
least seven days before the exemption (notice to governmental agencies) have
control of CWW, LLC (CWW), upon been met.
CWW’s becoming a Class III rail carrier. becomes effective).
This transaction is related to a An original and 10 copies of all As a condition to this exemption, any
concurrently filed verified notice of pleadings, referring to Docket No. FD employee adversely affected by the
exemption in CWW, LLC—Lease & discontinuance shall be protected under
36045, must be filed with the Surface
Operation Exemption—Port of Oregon Short Line Railroad—
Transportation Board, 395 E Street SW.,
Columbia, Wash., Docket No. FD 36044, Abandonment Portion Goshen Branch
Washington, DC 20423–0001. In Between Firth & Ammon, in Bingham &
wherein CWW seeks Board approval addition, one copy of each pleading
under 49 CFR 1150.31 to lease from the Bonneville Counties, Idaho, 360 I.C.C.
must be served on James H.M. Savage, 91 (1979). To address whether this
Port of Columbia, Wash., and to operate, 22 Rockingham Court, Germantown, MD
approximately 37.1 miles of rail line, condition adequately protects affected
20874. employees, a petition for partial
referred to as the Dayton Line, between
Board decisions and notices are revocation under 49 U.S.C. 10502(d)
1 Didelius currently owns 100% of LRY, LLC available on our Web site at must be filed.
d/b/a Lake Railway (LRY), a Class III carrier that www.stb.dot.gov. Provided no formal expression of
leases and operates rail lines owned by Union
Pacific Railroad Company in California and Oregon; Decided: July 12, 2016. intent to file an offer of financial
49% of YCR Corporation (YCR), a Class III rail By the Board, Rachel D. Campbell, assistance (OFA) to subsidize continued
carrier established for the purpose of leasing and rail service has been received, this
sradovich on DSK3GMQ082PROD with NOTICES

Director, Office of Proceedings.
operating a line of railroad owned by Yakima exemption will become effective on
County, Wash.; 100% of CCET, LLC (CCET), a Class Kenyatta Clay,
III short line rail carrier organized for the purpose
August 16, 2016 (50 days after the filing
Clearance Clerk. of the exemption), unless stayed
of leasing and operating a rail line owned by
Norfolk Southern Railway Company in Ohio; and [FR Doc. 2016–16782 Filed 7–14–16; 8:45 am] pending reconsideration. Petitions to
100% of WRL, LLC (WRL), a Class III carrier that BILLING CODE 4915–01–P stay that do not involve environmental
leases and operates a rail line owned by Port of
Royal Slope, a Washington state municipal
issues and formal expressions of intent
corporation, in Washington. to file an OFA to subsidize continued

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Document Created: 2016-07-15 02:53:30
Document Modified: 2016-07-15 02:53:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 46151