[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56894-56895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24839]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36241]


Coos Bay Rail Line, Inc.--Change in Operators Exemption--Coos Bay 
Railroad Operating Company, LLC d/b/a Coos Bay Rail Link

    Coos Bay Rail Line, Inc. (Coos Rail), has filed a verified notice 
of exemption under 49 CFR 1150.31 to assume operations over two 
interconnected railroad lines (the Line) owned by Oregon International 
Port of Coos Bay (the Port). The Line extends from milepost 652.114 at 
Danebo, Or., to

[[Page 56895]]

milepost 763.13 at Cordes, Or.; and from milepost 763.13 at Cordes to 
milepost 785.5 at Coquille, Or., a total distance of approximately 133 
miles. The Line is currently operated by Coos Bay Railroad Operating 
Company, LLC d/b/a Coos Bay Rail Link (CBR). The verified notice states 
that the Port formed Coos Rail to operate the Line on its behalf.\1\ 
Upon consummation of the subject transaction, Coos Rail will succeed 
and replace CBR as rail common carrier on the Line. Coos Rail states 
that CBR has advised Coos Rail that it does not object to the proposed 
change in operators and that it will cooperate in the transition.
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    \1\ According to the verified notice, Coos Rail is a public, 
nonprofit corporation formed and controlled by the Port.
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    The transaction is related to a concurrently filed verified notice 
of exemption in Oregon International Port of Coos Bay--Continuance in 
Control Exemption--Coos Bay Rail Line, Inc., Docket No. FD 36242, in 
which the Port seeks to continue in control of Coos Rail upon Coos 
Rail's becoming a Class III rail carrier.
    Coos Rail certifies that the proposed change in operators 
transaction and Coos Rail's anticipated operation of the Line do not 
involve any provision or agreement that would limit future interchange 
with a third-party connecting carrier. Further, Coos Rail certifies 
that its projected annual rail revenues as a result of the transaction 
will not exceed $5 million and will not result in Coos Rail's becoming 
a Class II or Class I rail carrier. Under 49 CFR 1150.32(b), a change 
in operator requires that notice be given to shippers. Coos Rail states 
that it provided notice of the proposed change in operators to the 
shippers on the Line.
    The earliest this transaction may be consummated is November 28, 
2018, the effective date of exemption (30 days after the verified 
notice was filed).\2\
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    \2\ On October 31, 2018, Coos Rail filed a petition for partial 
waiver of 49 CFR 1150.32(b) 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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    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 November 21, 
2018.\3\
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    \3\ 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 FD 
36241, 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. 2018-24839 Filed 11-13-18; 8:45 am]
 BILLING CODE 4915-01-P