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

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 136 (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]


-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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