[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Notices]
[Pages 32004-32005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11974]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36003]


Paul Didelius--Continuance in Control Exemption--WRL, 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 WRL, LLC (WRL), upon WRL's becoming a Class III 
rail carrier.
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    \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; and 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.
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    This transaction is related to a concurrently filed verified notice 
of modified certificate of public convenience and necessity in WRL, 
LLC--Notice of Modified Rail Certificate, Docket No. FD 36002, in which 
WRL seeks Board approval to lease and operate a line of railroad (the 
Line) which was previously authorized for abandonment, and thereafter 
acquired by the Port of Royal Slope, a Washington State municipal 
corporation. The total distance of the Line is approximately 26 miles: 
(1) Originating at milepost 1989.06, near Othello, Adams County, Wash., 
and continuing west to milepost 2009, at Royal City Junction, Grant 
County, Wash.; and (2) then northbound, a distance of 5.2 miles, 
terminating at an industrial siding near Royal City, Grant County, 
Wash.
    The transaction may be consummated on or after June 5, 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 WRL, YCR, LRY, and CCET, do 
not connect with each other or any railroad in their corporate family; 
(2) there are no plans

[[Page 32005]]

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 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 May 27, 2016 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36003, must be filed with 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: May 17, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-11974 Filed 5-19-16; 8:45 am]
 BILLING CODE 4915-01-P