[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8983-8984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02876]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36664]


CWW LLC--Continuance in Control--Yak Rail LLC

    CWW LLC (CWW), a noncarrier, has filed a verified notice of 
exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Yak 
Rail LLC (Yak Rail), upon Yak Rail's becoming a Class III carrier.
    This transaction is related to a concurrently filed notice of 
modified certificate of public convenience and necessity in Yak Rail 
LLC--Modified Rail Certificate, Docket No. FD 36663, for Yak Rail to 
lease and operate a line of railroad owned by Yakima County, 
originating at BNSF Railway Company (BNSF) milepost 73.6 at Wesley 
Junction near Toppenish \1\ and extending west 20.56 miles to White 
Swan (the Line), and an additional 1.63 miles of industrial spur near 
White Swan, for a total distance of 22.19 miles in Yakima County, 
Wash.\2\
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    \1\ This point is also referred to as milepost 0.0. (See 
Verified Notice 3.)
    \2\ The Line was previously leased to YCR Corporation (YCR), a 
Class III carrier, pursuant to a modified rail certificate. See YCR 
Corp.--Modified Rail Certificate--in Yakima, Cnty., Wash., FD 35336 
(STB served Jan. 15, 2010).
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    This transaction may be consummated on or after February 26, 2023, 
the effective date of the exemption (30 days after the exemption is 
filed).
    According to the verified notice, CWW is under the ownership and 
control of Paul Didelius, who also controls YCR; CCET LLC, a Class III 
carrier that operates a rail line in Ohio; and three Class III 
carriers--WRL LLC, RYAL LLC, and KET LLC--that operate rail lines in 
Washington.
    CWW represents that: (1) the rail properties operated and 
controlled by CWW and its corporate affiliates do not physically 
connect, (2) there are no plans to acquire additional rail lines for

[[Page 8984]]

the purpose of making a connection, and (3) the transaction does not 
involve a Class I 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. 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 carriers. Because this 
transaction involves Class III carriers only, the Board may not impose 
labor protective conditions here.
    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. Stay petitions must be filed no later than February 17, 2023 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36664, must be filed with 
the Surface Transportation Board either via e-filling on the Board's 
website or in writing at 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.
    Board decisions and notices are available at www.stb.gov.


    Decided: February 7, 2023.

    By the Board,
Mai T. Dinh,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-02876 Filed 2-9-23; 8:45 am]
BILLING CODE 4915-01-P