81 FR 46152 - Paul Didelius-Continuance in Control Exemption-CWW, LLC

SURFACE TRANSPORTATION BOARD

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

Page Range		46152-46152
FR Document		2016-16782

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

[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Page 46152]
From the Federal Register Online  [www.thefederalregister.org]
[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

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 02:53:06
Document Modified: 2016-07-15 02:53:06

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 46152