83 FR 51542 - Washington Eastern Railroad, LLC-Change in Operators Exemption-Eastern Washington Gateway Railroad Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 197 (October 11, 2018)

[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Page 51542]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22173]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36226]


Washington Eastern Railroad, LLC--Change in Operators Exemption--
Eastern Washington Gateway Railroad Company

    Washington Eastern Railroad, LLC (WERR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to assume operations 
over approximately 107.8 miles of track extending between milepost 1.0 
near Cheney, Wash., and the end of the track at milepost 108.8 in 
Coulee City, Wash. (CW Branch), and over approximately 5.9 miles of 
track that connects with the CW Branch at Geiger Junction near Medical 
Lake, Wash. (Geiger Spur) \1\ (collectively, the Lines). The verified 
notice indicates that the CW Branch is currently owned by the State of 
Washington, Department of Transportation (WDOT) and the Geiger Spur is 
owned by the County of Spokane, Wash. The Lines are currently leased to 
Eastern Washington Gateway Railroad Company (EWG). As a result of this 
transaction, WERR will become a carrier and replace EWG as the Lines' 
exclusive lessee and operator. According to WERR, EWG is aware that 
WDOT plans to change operators over the Lines and does not object to 
the proposed change in operators.
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    \1\ The Geiger Spur consists of two segments: The first extends 
from milepost 2.5 (at the east gate of Fairchild Air Force Base) to 
milepost 4.93 (at McFarlane and Hayford Roads) near Airway Heights, 
Wash.; the second extends from milepost 0.0 at Geiger Junction at 
its connection with the CW Branch to milepost 3.45, where it 
connects with the first segment at milepost 2.7.
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    The verified notice indicates that WERR and WDOT have reached an 
agreement in principle for WERR to replace EWG as the lessee and 
operator of the Lines upon the effective date of the exemption. WERR 
states that BNSF Railway Company (BNSF) currently has trackage rights 
over the CW Branch and that WERR's lease of the Lines will continue to 
be subject to BNSF's trackage rights.
    This transaction is related to a concurrently filed verified notice 
of exemption in David L. Durbano--Continuance in Control Exemption--
Washington Eastern Railroad, LLC, Docket No. FD 36227, in which David 
L. Durbano seeks to continue in control of WERR upon WERR's becoming a 
Class III rail carrier.
    WERR certifies that the underlying lease and operation agreement 
does not contain any provision or agreement that would limit future 
interchange with a third-party connecting carrier. Further, WERR 
certifies that its annual rail revenues as a result of this transaction 
will not exceed $5 million, and it will not result in WERR's becoming a 
Class I or Class II rail carrier. Under 49 CFR 1150.32(b), a change in 
operator requires that notice be given to shippers. WERR certifies that 
notice of the change in operator was served on all known shippers on 
the Lines.
    The earliest this transaction may be consummated is October 25, 
2018, the effective date of the exemption (30 days after the verified 
notice was filed).
    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 October 18, 
2018 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36226, 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 William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 20037.
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: October 5, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-22173 Filed 10-10-18; 8:45 am]
 BILLING CODE 4915-01-P