[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51540-51541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22171]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36227]


David L. Durbano--Continuance in Control Exemption--Washington 
Eastern Railroad, LLC

    David L. Durbano (Durbano), a noncarrier, has filed a verified 
notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in 
control of Washington Eastern Railroad, LLC (WERR), upon WERR's 
becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Washington Eastern Railroad, LLC--Change in Operator 
Exemption--Eastern Washington Gateway Railroad Company, Docket No. FD 
36226. In that proceeding, WERR seeks an 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).
    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). Durbano states that he intends to consummate the 
transaction on or after the effective date of the transaction 
established by the Board in Docket No. FD 36226, which is also October 
25, 2018.
    Durbano will continue in control of WERR upon WERR's becoming a 
Class III rail carrier, while remaining in control of six other Class 
III carriers: Texas & Eastern Railroad, LLC, Wyoming and Colorado 
Railroad Company, Inc., Southwestern Railroad, Inc., Cimarron Valley 
Railroad, L.C., Clarkdale Arizona Central Railroad, L.C., and Saratoga 
Railroad, LLC.
    Durbano certifies that: (1) The rail lines to be operated by WERR 
do not

[[Page 51541]]

connect with any other railroads in the Durbano corporate family; (2) 
the continuance in control is not part of a series of anticipated 
transactions that would connect these rail lines with each other or 
with any other railroad in the Durbano corporate family; and (3) 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. 
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 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 effectiveness of the exemption. 
Stay petitions 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 36227, 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. 2018-22171 Filed 10-10-18; 8:45 am]
 BILLING CODE 4915-01-P