[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3135-3136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-836]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35210]


Nicholas B. Temple, Eric Temple, Columbia Basin Railroad Company, 
Inc, Central Washington Railroad Company and Portland Vancouver 
Junction Railroad, LLC--Corporate Family Transaction Exemption

    Pursuant to an assignment and assumption agreement, Nicholas B. 
Temple and Eric Temple (collectively, the Temples), Columbia Basin 
Railroad Company, Inc. (CBRW), Central Washington Railroad Company 
(CWA), and Portland Vancouver Junction Railroad, LLC (PVJR) have filed 
a verified notice of exemption for a transaction within a corporate 
family. The Temples are noncarrier individuals. CBRW and CWA are Class 
III rail carriers. PVJR is a newly formed, wholly owned subsidiary of 
CBRW.
    In Columbia Basin Railroad Company, Inc.--Lease and Operation 
Exemption--Clark County, WA, STB Finance Docket No. 34472 (STB served 
Mar.11, 2004), CBRW was authorized to acquire by lease and to operate 
14 miles of rail line owned by Clark County, WA, extending between 
milepost 0.0 at Vancouver Junction, WA, and milepost 14.1 at Battle 
Ground, WA. In Columbia Basin Railroad Company, Inc.--Lease and 
Operation Exemption--Clark County, WA, STB Finance Docket No. 34661 
(STB served Mar. 3, 2005), CBRW was also authorized to acquire by lease 
and to operate an additional 19 miles of rail line owned by Clark 
County, WA, extending between milepost 14.1 at Battle Ground, WA, and 
milepost 33.1 at or near Chelatchie, WA. In Central Washington Railroad 
Company-Lease and Operation Exemption--The Burlington Northern and 
Santa Fe Railway Company, STB Finance Docket No. 34640 (STB served Jan. 
21, 2005), CWA was authorized to lease from The Burlington Northern and 
Santa Fe Railway Company (BNSF) and to operate 41.57 miles of rail line 
extending between specified points in the State of Washington. CWA was 
also assigned certain trackage rights by BNSF as part of that 
transaction. The Temples control both CBRW and CWA. See Nicholas B. 
Temple and Eric Temple--Control Exemption--Central Washington Railroad 
Company, STB Finance Docket No. 34641 (STB served Jan. 21, 2005).
    As part of a corporate restructuring, CBRW will assign all of its 
interests in the 33-mile Clark County line to PVJR. Applicants state 
that, upon completion of the transaction, PVJR will assume the common 
carrier obligation regarding the Clark County line.
    The transaction is expected to be consummated on or after January 
30, 2009 (30 days after the exemption was filed).
    Applicants state that the intra-corporate restructuring will 
reflect that the Clark County line is geographically and operationally 
distinct from the remainder of CBRW's rail system and that it will 
insulate each of CBRW and PVJR from the financial, legal and 
operational risks of the other.

[[Page 3136]]

    This is a transaction within a corporate family of the type 
exempted from prior review and approval under 49 CFR 1180.2(d)(3). The 
parties state that the transaction will not result in adverse changes 
in service levels, significant operational changes, or changes in the 
competitive balance with carriers outside the corporate family.
    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 of 
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 transaction. Petitions for stay 
must be filed no later than January 23, 2009 (at least 7 days before 
the effective date of the exemption).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35210, 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 applicants' representative, 
Rose-Michele Nardi, Weiner Brodsky Sidman Kider PC, 1300 19th Street, 
NW., Fifth Floor, Washington, DC 20036-1609.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 9, 2009.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-836 Filed 1-15-09; 8:45 am]
BILLING CODE 4915-01-P