83 FR 56895 - Oregon International Port of Coos Bay-Continuance in Control Exemption-Coos Bay Rail Line, Inc.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range		56895-56895
FR Document		2018-24838

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)

[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Page 56895]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24838]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36242]


Oregon International Port of Coos Bay--Continuance in Control 
Exemption--Coos Bay Rail Line, Inc.

    Oregon International Port of Coos Bay (the Port) filed a verified 
notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in 
control of Coos Bay Rail Line, Inc. (Coos Rail), a nonprofit corporate 
entity under the control of the Port, upon Coos Rail's becoming a Class 
III rail carrier.
    The transaction is related to a concurrently filed verified notice 
of exemption in Coos Bay Rail Line, Inc.--Change in Operators 
Exemption--Coos Bay Railroad Operating Company, LLC d/b/a Coos Bay Rail 
Link, Docket No. FD 36241. In that proceeding, Coos Rail seeks an 
exemption under 49 CFR 1150.31 to replace Coos Bay Railroad Operating 
Company, LLC d/b/a Coos Bay Rail Link as the operator of two 
interconnected railroad lines owned by the Port, extending from 
milepost 652.114 at Danebo, Or., to milepost 763.13 at Cordes, Or.; and 
from milepost 763.13 at Cordes to milepost 785.5 at Coquille, Or., a 
total of approximately 133 miles (collectively, the Line).
    The earliest this transaction may be consummated is November 28, 
2018, the effective date of the exemption (30 days after the verified 
notice was filed).\1\ The Port states that it intends to consummate the 
transaction no later than November 28, 2018.
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    \1\ On October 31, 2018, the Port filed a petition for partial 
waiver of 49 CFR 1180.4(g)(1) to permit the exemption to become 
effective by no later than November 19, 2018, instead of the 
standard 30 days after the verified notice was filed. The waiver 
request will be addressed in a separate Board decision.
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    The Port is a Class III rail carrier and will continue in control 
of Coos Rail upon Coos Rail's becoming a Class III rail carrier. The 
Line is the only rail line owned or operated by the corporate family, 
and therefore: It does not connect with any other railroads in the 
corporate family; and the continuance in control is not part of series 
of anticipated transactions that would connect the Line with any other 
railroad in the corporate family. Furthermore, 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. 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 sections 11324 
and 11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here because all the 
carriers involved are Class III carriers.
    If the 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. 
Stay petitions must be filed no later than November 21, 2018.\2\
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    \2\ Should the Board grant Coos Rail's waiver request and 
accelerate the effective date of the exemption, the due date for 
stay petitions may be revised accordingly.
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    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36242, 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 
North Wacker Drive, Suite 800, Chicago, IL 60606.
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: November 8, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-24838 Filed 11-13-18; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices 56895

milepost 763.13 at Cordes, Or.; and from An original and 10 copies of all upon Coos Rail’s becoming a Class III
milepost 763.13 at Cordes to milepost pleadings, referring to Docket FD 36241, rail carrier. The Line is the only rail line
785.5 at Coquille, Or., a total distance of must be filed with the Surface owned or operated by the corporate
approximately 133 miles. The Line is Transportation Board, 395 E Street SW, family, and therefore: It does not
currently operated by Coos Bay Railroad Washington, DC 20423–0001. In connect with any other railroads in the
Operating Company, LLC d/b/a Coos addition, one copy of each pleading corporate family; and the continuance
Bay Rail Link (CBR). The verified notice must be served on Robert A. Wimbish, in control is not part of series of
states that the Port formed Coos Rail to Fletcher & Sippel LLC, 29 North Wacker anticipated transactions that would
operate the Line on its behalf.1 Upon Drive, Suite 800, Chicago, IL 60606. connect the Line with any other railroad
consummation of the subject Board decisions and notices are in the corporate family. Furthermore,
transaction, Coos Rail will succeed and available on our website at www.stb.gov. the transaction does not involve a Class
replace CBR as rail common carrier on Decided: November 8, 2018. I rail carrier. Therefore, the transaction
the Line. Coos Rail states that CBR has By the Board, Scott M. Zimmerman, Acting is exempt from the prior approval
advised Coos Rail that it does not object Director, Office of Proceedings. requirements of 49 U.S.C. 1180.2(d)(2).
to the proposed change in operators and Jeffrey Herzig, Under 49 U.S.C. 10502(g), the Board
that it will cooperate in the transition. Clearance Clerk. may not use its exemption authority to
The transaction is related to a [FR Doc. 2018–24839 Filed 11–13–18; 8:45 am]
relieve a rail carrier of its statutory
concurrently filed verified notice of obligation to protect the interests of its
BILLING CODE 4915–01–P
exemption in Oregon International Port employees. Section 11326(c), however,
of Coos Bay—Continuance in Control does not provide for labor protection for
Exemption—Coos Bay Rail Line, Inc., SURFACE TRANSPORTATION BOARD transactions under sections 11324 and
Docket No. FD 36242, in which the Port 11325 that involve only Class III rail
seeks to continue in control of Coos Rail [Docket No. FD 36242] carriers. Accordingly, the Board may not
upon Coos Rail’s becoming a Class III impose labor protective conditions here
rail carrier. Oregon International Port of Coos
because all the carriers involved are
Coos Rail certifies that the proposed Bay—Continuance in Control
Class III carriers.
change in operators transaction and Exemption—Coos Bay Rail Line, Inc.
If the notice contains false or
Coos Rail’s anticipated operation of the Oregon International Port of Coos Bay misleading information, the exemption
Line do not involve any provision or (the Port) filed a verified notice of is void ab initio. Petitions to revoke the
agreement that would limit future exemption pursuant to 49 CFR exemption under 49 U.S.C. 10502(d)
interchange with a third-party 1180.2(d)(2) to continue in control of may be filed at any time. The filing of
connecting carrier. Further, Coos Rail Coos Bay Rail Line, Inc. (Coos Rail), a a petition to revoke will not
certifies that its projected annual rail nonprofit corporate entity under the automatically stay the effectiveness of
revenues as a result of the transaction control of the Port, upon Coos Rail’s the exemption. Stay petitions must be
will not exceed $5 million and will not becoming a Class III rail carrier. filed no later than November 21, 2018.2
result in Coos Rail’s becoming a Class II The transaction is related to a An original and 10 copies of all
or Class I rail carrier. Under 49 CFR concurrently filed verified notice of pleadings, referring to Docket No. FD
1150.32(b), a change in operator exemption in Coos Bay Rail Line, Inc.— 36242, must be filed with the Surface
requires that notice be given to shippers. Change in Operators Exemption—Coos Transportation Board, 395 E Street SW,
Coos Rail states that it provided notice Bay Railroad Operating Company, LLC Washington, DC 20423–0001. In
of the proposed change in operators to d/b/a Coos Bay Rail Link, Docket No. FD addition, one copy of each pleading
the shippers on the Line. 36241. In that proceeding, Coos Rail must be served on Robert A. Wimbish,
The earliest this transaction may be seeks an exemption under 49 CFR Fletcher & Sippel LLC, 29 North Wacker
consummated is November 28, 2018, the 1150.31 to replace Coos Bay Railroad Drive, Suite 800, Chicago, IL 60606.
effective date of exemption (30 days Operating Company, LLC d/b/a Coos Board decisions and notices are
after the verified notice was filed).2 Bay Rail Link as the operator of two available on our website at www.stb.gov.
If the verified notice contains false or interconnected railroad lines owned by
Decided: November 8, 2018.
misleading information, the exemption the Port, extending from milepost
is void ab initio. Petitions to revoke the 652.114 at Danebo, Or., to milepost By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
exemption under 49 U.S.C. 10502(d) 763.13 at Cordes, Or.; and from milepost
may be filed at any time. The filing of 763.13 at Cordes to milepost 785.5 at Jeffrey Herzig,
a petition to revoke will not Coquille, Or., a total of approximately Clearance Clerk.
automatically stay the effectiveness of 133 miles (collectively, the Line). [FR Doc. 2018–24838 Filed 11–13–18; 8:45 am]
the exemption. Petitions for stay must The earliest this transaction may be BILLING CODE 4915–01–P
be filed no later than November 21, consummated is November 28, 2018, the
2018.3 effective date of the exemption (30 days
after the verified notice was filed).1 The DEPARTMENT OF TRANSPORTATION
1 According to the verified notice, Coos Rail is a Port states that it intends to
public, nonprofit corporation formed and controlled consummate the transaction no later Federal Aviation Administration
by the Port. than November 28, 2018.
2 On October 31, 2018, Coos Rail filed a petition
The Port is a Class III rail carrier and Aviation Rulemaking Advisory
for partial waiver of 49 CFR 1150.32(b) to permit
the exemption to become effective by no later than will continue in control of Coos Rail Committee; Meeting
November 19, 2018, instead of the standard 30 days
after the verified notice was filed. The waiver 1 On October 31, 2018, the Port filed a petition for
AGENCY:Federal Aviation
request will be addressed in a separate Board partial waiver of 49 CFR 1180.4(g)(1) to permit the Administration (FAA), DOT.
decision. exemption to become effective by no later than
3 Should the Board grant Coos Rail’s waiver November 19, 2018, instead of the standard 30 days 2 Should the Board grant Coos Rail’s waiver

request and accelerate the effective date of the after the verified notice was filed. The waiver request and accelerate the effective date of the
exemption, the due date for stay petitions may be request will be addressed in a separate Board exemption, the due date for stay petitions may be
revised accordingly. decision. revised accordingly.

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Document Created: 2018-11-14 03:32:20
Document Modified: 2018-11-14 03:32:20

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		83 FR 56895