[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Notices]
[Pages 17915-17916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06118]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36658]


Rainier Rail LLC--Acquisition and Change of Operators Exemption--
City of Tacoma, Washington, Department of Public Works d/b/a Tacoma 
Rail Mountain Division

    Rainier Rail LLC (Rainier Rail), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from the City of 
Tacoma, Department of Public Works d/b/a Tacoma Rail Mountain Division 
(TRMW),\1\ and to operate approximately 41.86 miles of rail line 
consisting of: (1) an approximately 0.8-mile rail line between milepost 
28.6 and milepost 27.8C near McKenna, Wash., currently operated by WRL 
LLC (WRL) pursuant to a lease with TRMW (the McKenna Segment),\2\ and 
(2) a group of interconnected line segments currently operated by 
Tacoma Rail extending between milepost 27.8C at McKenna and milepost 
13.09 near Frederickson, Wash., from milepost 13.09 near Frederickson 
to milepost 5.65 near Tacoma, Wash., and from milepost 13.09 near 
Frederickson to milepost 32 near Eatonville, Wash. (the MD Segments) 
(collectively with the McKenna Segment, the Lines).
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    \1\ On March 15, 2023, Rainier Rail filed an errata sheet 
correcting the name and address of the transferor of the Lines.
    \2\ The City of Tacoma, Wash., Department of Public Utilities d/
b/a Tacoma Rail (Tacoma Rail) conducted common carrier operations on 
the McKenna Segment prior to the commencement of WRL operations in 
2021. Rainier Rail notes that WRL did not seek a change of operator 
exemption when it sought to begin operating over the McKenna Segment 
in 2021, resulting in Tacoma Rail's continued common carrier status 
on the McKenna Segment. See WRL LLC--Lease & Operation Exemption--
City of Tacoma Dep't of Pub. Works, FD 36539 (STB served Sept. 10, 
2021). Rainier Rail seeks to terminate both WRL's and Tacoma Rail's 
common carrier status on the McKenna Segment with this change of 
operator exemption.
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    This transaction is related to a concurrently filed petition for 
exemption in Docket No. FD 36659, Paul Didelius--Continuance in Control 
Exemption--Rainier Rail LLC, in which Paul Didelius seeks Board 
approval to continue in control of Rainier Rail upon Rainier Rail's 
becoming a Class III rail carrier.
    According to the verified notice, Rainier Rail and TRMW have 
reached an agreement pursuant to which Rainier Rail will acquire the 
Lines and, upon consummation of the acquisition transaction, replace 
WRL and Tacoma Rail as the common carrier service provider on the 
McKenna Segment, and replace Tacoma Rail as the common carrier service 
provider on the MD Segments. The verified notice indicates that WRL and 
Tacoma Rail do not object to the proposed transaction, by which they 
would be replaced by Rainier Rail as operators on the Lines.
    Rainier Rail certifies that the agreement governing the proposed 
transaction does not include any provision or agreement that would 
limit Rainier Rail from interchanging with any third-party connecting 
carrier. Rainier Rail further certifies that its projected annual 
revenues will not exceed $5 million and will not result in Rainier 
Rail's becoming a Class I or Class II rail carrier. Under 49 CFR 
1150.32(b), a change in operator requires that notice be given to 
shippers. Rainier Rail states that it has contacted all customers on 
the Lines to advise them of the planned change in operators.\3\
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    \3\ Rainier Rail also states in its verified notice that it 
intends to furnish each affected customer with a copy of the 
verified notice at the time of filing.
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    Rainier Rail states that it plans to commence operations as soon as 
the Board's authorization processes will allow, subject to the approval 
of the related petition for exemption. The effective date of this 
acquisition and change of operators exemption will be held in abeyance 
pending review of the petition for exemption.
    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 seven days 
before

[[Page 17916]]

the exemption becomes effective; a deadline for filing petitions for 
stay will be established in a future decision that establishes an 
effective date for this exemption.
    All pleadings, referring to Docket No. FD 36658, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
Rainier Rail's representative, James H.M. Savage, 22 Rockingham Court, 
Germantown, MD 20874.
    According to Rainier Rail, 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: March 21, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-06118 Filed 3-23-23; 8:45 am]
BILLING CODE 4915-01-P