83_FR_51739 83 FR 51542 - Washington Eastern Railroad, LLC-Change in Operators Exemption-Eastern Washington Gateway Railroad Company

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)

Page Range51542-51542
FR Document2018-22173

Federal Register, Volume 83 Issue 197 (Thursday, 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



                                               51542                       Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

                                                 By the Board, Scott M. Zimmerman, Acting              L. Durbano seeks to continue in control               DATES:  July 1–31, 2018.
                                               Director, Office of Proceedings.                        of WERR upon WERR’s becoming a                        ADDRESSES:    Susquehanna River Basin
                                               Jeffrey Herzig,                                         Class III rail carrier.                               Commission, 4423 North Front Street,
                                               Clearance Clerk.                                           WERR certifies that the underlying                 Harrisburg, PA 17110–1788.
                                               [FR Doc. 2018–22227 Filed 10–10–18; 8:45 am]            lease and operation agreement does not
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                               BILLING CODE 4915–01–P                                  contain any provision or agreement that
                                                                                                                                                             Jason E. Oyler, General Counsel,
                                                                                                       would limit future interchange with a
                                                                                                                                                             telephone: (717) 238–0423, ext. 1312;
                                                                                                       third-party connecting carrier. Further,
                                                                                                                                                             fax: (717) 238–2436; email: joyler@
                                               SURFACE TRANSPORTATION BOARD                            WERR certifies that its annual rail
                                                                                                                                                             srbc.net. Regular mail inquiries may be
                                                                                                       revenues as a result of this transaction
                                               [Docket No. FD 36226]                                                                                         sent to the above address.
                                                                                                       will not exceed $5 million, and it will
                                                                                                       not result in WERR’s becoming a Class                 SUPPLEMENTARY INFORMATION: This
                                               Washington Eastern Railroad, LLC—
                                                                                                       I or Class II rail carrier. Under 49 CFR              notice lists the projects, described
                                               Change in Operators Exemption—
                                                                                                       1150.32(b), a change in operator                      below, receiving approval for the
                                               Eastern Washington Gateway Railroad
                                                                                                       requires that notice be given to shippers.            consumptive use of water pursuant to
                                               Company
                                                                                                       WERR certifies that notice of the change              the Commission’s approval by rule
                                                  Washington Eastern Railroad, LLC                     in operator was served on all known                   process set forth in 18 CFR 806.22(e)
                                               (WERR), a noncarrier, has filed a                       shippers on the Lines.                                and 806.22(f) for the time period
                                               verified notice of exemption under 49                      The earliest this transaction may be               specified above:
                                               CFR 1150.31 to assume operations over                   consummated is October 25, 2018, the                  Approvals by Rule Issued Under 18
                                               approximately 107.8 miles of track                      effective date of the exemption (30 days              CFR 806.22(f)
                                               extending between milepost 1.0 near                     after the verified notice was filed).
                                               Cheney, Wash., and the end of the track                    If the verified notice contains false or             1. Seneca Resources Corporation, Pad
                                               at milepost 108.8 in Coulee City, Wash.                 misleading information, the exemption                 ID: DCNR Tract 007 Pad D, ABR–
                                               (CW Branch), and over approximately                     is void ab initio. Petitions to revoke the            201807001; Delmar Township, Tioga
                                               5.9 miles of track that connects with the               exemption under 49 U.S.C. 10502(d)                    County, Pa.; Consumptive Use of Up to
                                               CW Branch at Geiger Junction near                       may be filed at any time. The filing of               4.0000 mgd; Approval Date: July 12,
                                               Medical Lake, Wash. (Geiger Spur) 1                     a petition to revoke will not                         2018.
                                               (collectively, the Lines). The verified                 automatically stay the effectiveness of                 2. Diversified Gas & Oil, LLC, Pad ID:
                                               notice indicates that the CW Branch is                  the exemption. Petitions for stay must                Stubler Pad A, ABR–201305003.R1;
                                               currently owned by the State of                         be filed no later than October 18, 2018               Gamble Township, Lycoming County,
                                               Washington, Department of                               (at least seven days before the                       Pa.; Consumptive Use of Up to 4.0000
                                               Transportation (WDOT) and the Geiger                    exemption becomes effective).                         mgd; Approval Date: July 13, 2018.
                                               Spur is owned by the County of                             An original and 10 copies of all                     3. SWN Production Company, LLC,
                                               Spokane, Wash. The Lines are currently                  pleadings, referring to Docket No. FD                 Pad ID: GU 04 Williams Aeppli, ABR–
                                               leased to Eastern Washington Gateway                    36226, must be filed with the Surface                 201309001.R1; Herrick Township,
                                               Railroad Company (EWG). As a result of                  Transportation Board, 395 E Street SW,                Bradford County, Pa.; Consumptive Use
                                               this transaction, WERR will become a                    Washington, DC 20423–0001. In                         of Up to 4.9999 mgd; Approval Date:
                                               carrier and replace EWG as the Lines’                   addition, one copy of each pleading                   July 18, 2018.
                                               exclusive lessee and operator.                          must be served on William A. Mullins,                   4. SWN Production Company, LLC,
                                               According to WERR, EWG is aware that                    Baker & Miller PLLC, 2401 Pennsylvania                Pad ID: Dropp–Range–Pad46, ABR–
                                               WDOT plans to change operators over                     Ave. NW, Suite 300, Washington, DC                    201308016.R1; Jackson Township,
                                               the Lines and does not object to the                    20037.                                                Susquehanna County, Pa.; Consumptive
                                               proposed change in operators.                              Board decisions and notices are                    Use of Up to 4.9990 mgd; Approval
                                                  The verified notice indicates that                   available on our website at www.stb.gov.              Date: July 27, 2018.
                                               WERR and WDOT have reached an                                                                                   5. Repsol Oil & Gas USA, LLC, Pad ID:
                                                                                                         Decided: October 5, 2018.
                                               agreement in principle for WERR to                                                                            ALDERSON (05 269), ABR–201807002;
                                               replace EWG as the lessee and operator                    By the Board, Scott M. Zimmerman, Acting
                                                                                                       Director, Office of Proceedings.                      Pike Township, Bradford County, Pa.;
                                               of the Lines upon the effective date of                                                                       Consumptive Use of Up to 6.0000 mgd;
                                               the exemption. WERR states that BNSF                    Jeffrey Herzig,
                                                                                                                                                             Approval Date: July 25, 2018.
                                               Railway Company (BNSF) currently has                    Clearance Clerk.
                                                                                                                                                               6. Repsol Oil & Gas USA, LLC, Pad ID:
                                               trackage rights over the CW Branch and                  [FR Doc. 2018–22173 Filed 10–10–18; 8:45 am]
                                                                                                                                                             BROADLEAF HOLDINGS (01 115),
                                               that WERR’s lease of the Lines will                     BILLING CODE 4915–01–P
                                                                                                                                                             ABR–201807003; Springfield, Troy, and
                                               continue to be subject to BNSF’s                                                                              Columbia Townships, Bradford County,
                                               trackage rights.                                                                                              Pa.; Consumptive Use of Up to 6.0000
                                                  This transaction is related to a                     SUSQUEHANNA RIVER BASIN                               mgd; Approval Date: July 25, 2018.
                                               concurrently filed verified notice of                   COMMISSION                                              7. EXCO Resources (PA), LLC, Pad ID:
                                               exemption in David L. Durbano—
                                                                                                                                                             Chaapel Hollow Unit, ABR–
                                               Continuance in Control Exemption—                       Projects Approved for Consumptive
                                                                                                                                                             201305016.R1; Gamble Township,
                                               Washington Eastern Railroad, LLC,                       Uses of Water
                                                                                                                                                             Lycoming County, Pa.; Consumptive
                                               Docket No. FD 36227, in which David
                                                                                                                                                             Use of Up to 8.0000 mgd; Approval
khammond on DSK30JT082PROD with NOTICES




                                                                                                       AGENCY: Susquehanna River Basin
                                                 1 The                                                 Commission.                                           Date: July 30, 2018.
                                                        Geiger Spur consists of two segments: The
                                               first extends from milepost 2.5 (at the east gate of    ACTION: Notice.                                         8. EXCO Resources (PA), LLC, Pad ID:
                                               Fairchild Air Force Base) to milepost 4.93 (at                                                                Poor Shot Pad 2 Unit, ABR–
                                               McFarlane and Hayford Roads) near Airway                SUMMARY:   This notice lists the projects             201309007.R1; Anthony Township,
                                               Heights, Wash.; the second extends from milepost
                                               0.0 at Geiger Junction at its connection with the CW
                                                                                                       approved by rule by the Susquehanna                   Lycoming County, Pa.; Consumptive
                                               Branch to milepost 3.45, where it connects with the     River Basin Commission during the                     Use of Up to 8.0000 mgd; Approval
                                               first segment at milepost 2.7.                          period set forth in DATES.                            Date: July 30, 2018.


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Document Created: 2018-10-11 15:36:09
Document Modified: 2018-10-11 15:36:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 51542 

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