[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Notices]
[Page 13738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06755]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36276]


CWW, LLC--Change in Operator Exemption Assigning Union Pacific 
Railroad Company Lease With Interchange Commitment--Palouse River & 
Coulee City Railroad, L.L.C.

    CWW, LLC (CWW), a Class III rail carrier, has filed a verified 
notice of exemption under 49 CFR 1150.41 to assume operation of 
approximately 55.56 miles of interconnected railroad line owned by the 
Union Pacific Railroad Company (UP) and currently leased and operated 
by the Palouse River & Coulee City Railroad, L.L.C. (PCC), located 
between: (1) Milepost 3.76, at Zangar Jct., Wash., and milepost 33.0 at 
Walla Walla, Wash.; and (2) milepost 46.8 at Walla Walla and milepost 
20.48 at Weston, Or. (the Line).
    PCC has been operating over the Line pursuant to a 1992 lease 
agreement.\1\ CWW states that it is entering into an Assignment 
Agreement with UP and PCC pursuant to which the 1992 lease is being 
assigned to CWW. Upon consummation of the transaction, CWW will provide 
common carrier rail service in place of PCC.\2\
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    \1\ The lease was originally between UP and Blue Mountain 
Railroad, Inc. (BMR). See Blue Mountain R.R.--Lease, Acquis. & 
Operation Exemption--Union Pac. R.R., FD 32193 (ICC served Dec. 1, 
1992). In 2000, BMR was merged into PCC. See Watco Co.--Corporate 
Family Transaction Exemption, FD 33898 (STB served July 24, 2000).
    \2\ On December 20, 2018, PCC filed a petition under 49 U.S.C. 
10502 for exemption from the prior approval requirements of 49 
U.S.C. 10903 to discontinue its lease operations over the Line in 
Docket No. AB 570 (Sub-No. 4X). The Board instituted an exemption 
proceeding in that docket on February 7, 2019. CWW's verified notice 
here states that PCC has advised CWW that it will withdraw that 
petition for exemption ``upon the Board approving this proceeding 
and upon CWW and UP consummating their transaction. (CWW Verified 
Notice 4.)
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    CWW notes that the 1992 lease agreement being assigned to it 
contains an interchange commitment with UP.\3\ CWW has provided 
additional information regarding the interchange commitment as required 
by 49 CFR 1150.43(h).
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    \3\ A copy of the 1992 lease agreement with the interchange 
commitment was submitted under seal with the verified notice. See 49 
CFR 1150.43(h)(1).
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    CWW certifies that its projected annual revenues as a result of the 
transaction will not result in the creation of a Class II or Class I 
carrier and will not exceed $5 million.
    Under 49 CFR 1150.42(b), a change in operator requires that notice 
be given to shippers. CWW certifies that it has provided notice of the 
proposed transaction and interchange commitment to shippers that 
currently use or have used the Line in the last two years.
    The earliest this transaction may be consummated is April 19, 2019 
(30 days after the verified notice was filed).
    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 April 12, 
2019 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36276, 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 CWW's representative, James H. M. Savage, 22 
Rockingham Ct., Germantown, MD 20874.
    According to CWW, this action is excluded from environmental review 
under 49 CFR 1105.6(c) and from historic preservation reporting 
requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: April 2, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Raina Contee,
Clearance Clerk.
[FR Doc. 2019-06755 Filed 4-4-19; 8:45 am]
BILLING CODE 4915-01-P