[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Page 26716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12023]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36304]


CWW, LLC--Change in Operator Exemption Assigning BNSF Railway 
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 9.7 miles of rail line owned by BNSF Railway Company 
(BNSF) and currently leased and operated by the Palouse River & Coulee 
City Railroad, L.L.C. (PCC), located between milepost 0.6 at Wallula, 
Wash., and milepost 4.3 at Zangar Jct., Wash., and between milepost 
62.01 and milepost 68.01 at Walla Walla, Wash. (the Line).
    The verified notice states that the Line is currently operated by 
PCC pursuant to a 1993 lease agreement.\1\ CWW states that it is 
entering into an Assignment, Assumption and Consent Agreement with BNSF 
and PCC pursuant to which the 1993 lease agreement together with a 1993 
BNSF-BLMR interchange agreement, including subsequent amendments, is 
being assigned to CWW. Upon consummation of the transaction, CWW will 
provide common carrier rail service in place of PCC.
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    \1\ CWW states that the lease was originally between Blue 
Mountain Railroad, Inc. (BLMR), and Burlington Northern Railroad 
Company, Blue Mountain R.R.--Lease & Operation Exemption--Line of 
Burlington N. R.R., FD 32387 (ICC served Oct. 5, 1994), and that in 
2000, BLMR was absorbed into PCC, Watco Co.--Corp. Family 
Transaction Exemption, FD 33898 (STB served July 24, 2000).
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    CWW states that the 1993 lease agreement being assigned to it 
contains an interchange commitment imposing a charge for carloads 
originating or terminating on the Line that are not interchanged with 
BNSF.\2\ CWW has provided additional information regarding the 
interchange commitment as required by 49 CFR 1150.43(h).
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    \2\ A copy of the 1993 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 revenues as a result of the 
transaction will not result in the creation of a Class II or Class I 
rail 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 June 21, 2019 
(30 days after the verified notice of exemption was filed). CWW states 
that it expects to consummate the transaction on or after June 22, 
2019.
    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 June 14, 2019 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36304, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on CWW's representative, James 
H.M. Savage, 22 Rockingham Court, 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: June 3, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2019-12023 Filed 6-6-19; 8:45 am]
BILLING CODE 4915-01-P