[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12526-12527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04633]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36583]


Eric Temple--Continuance in Control--Central Washington Railroad 
Company, Columbia Basin Railroad Company, Inc., Portland Vancouver 
Junction Railroad, LLC, and Columbia Shipyards Railroad LLC

    Eric Temple (Applicant) has filed a verified notice of exemption 
under 49 CFR 1180.2(d)(2) to continue in control of Columbia Shipyards 
Railroad LLC, a non-carrier controlled by Applicant, upon CSBP's 
becoming a Class III rail carrier.
    This transaction is related to a verified notice of exemption filed 
concurrently in Columbia Shipyards Railroad--Change in Operator 
Exemption--Portland Vancouver Junction Railroad, Clark County, Wash., 
Docket No. FD 36582, in which CSBP seeks to acquire from its corporate 
affiliate, Portland Vancouver Junction Railroad, LLC (PVJR), the rights 
and obligations to perform common carrier switching service over 
approximately three miles of tracks owned by the Columbia Business 
Center, a non-carrier.\1\
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    \1\ Applicant states that PVJR also operates over a 33-mile line 
owned by Clark County, Washington.
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    The transaction may be consummated on or after March 20, 2022, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    According to the notice, Applicant is a non-carrier who controls 
three Class III railroads: Central Washington Railroad Company (CWA), 
Columbia Basin Railroad Company, Inc. (CBRW), and PVJR, which all 
operate in Washington.\2\ The continuance in control exemption would 
allow Applicant to control CSBP, which will provide switching services 
for Columbia Business Center in place of PVJR, once CSBP becomes a 
carrier.
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    \2\ According to the verified notice, Applicant owns 45% of 
CWA's stock, 50% of CBRW's stock, and 100% of PVJR's stock.
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    Applicant represents that: (1) CSBP will not connect with any other 
railroad in Applicant's corporate family; (2) the transaction is not 
part of a series of anticipated transactions that would connect CSBP 
with any railroad in the Applicant's corporate family; and (3) the 
transaction does not involve a Class I rail carrier. Therefore, the 
proposed 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. However, 49 U.S.C. 11326(c) 
does not provide for labor protection for transactions under 49 U.S.C. 
11324 and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.\3\
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    \3\ Applicant states that CSBP nonetheless intends to offer 
employment to all of the PVJR employees who currently operate within 
the business park.

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[[Page 12527]]

    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 March 11, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36583, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on 
Applicant's representative, Richard H. Streeter, Law Office of Richard 
H. Streeter, 5255 Partridge Lane NW, Washington, DC 20016.
    According to Applicant, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

     Decided: February 28, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2022-04633 Filed 3-3-22; 8:45 am]
BILLING CODE 4915-01-P