[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Page 58055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18248]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36708]


John Howell--Continuation of Control Exemption--Washington, Idaho 
& Montana Railway LLC

    John Howell (Howell), a noncarrier, has filed a verified notice of 
exemption under 49 CFR 1180.2(d)(2) to exempt from the provisions of 49 
U.S.C. 11323 his continuance in control of Washington, Idaho & Montana 
Railway LLC (WIM), a noncarrier, upon WIM's becoming a Class III rail 
carrier.
    The transaction is related to a concurrently filed verified notice 
of exemption in Washington, Idaho & Montana Railway LLC--Operation 
Exemption--BLPI RR LLC, Docket No. FD 36707. In that proceeding, WIM 
seeks an exemption under 49 CFR 1150.31 to operate approximately 43.744 
miles of rail line in the County of Latah, Idaho, from milepost 3.32 
(Washington/Idaho state line) to milepost 47.06 at Bovill, Idaho (the 
Line). The Line is owned by the BLPI RR LLC (BLPI RR), a Class III 
carrier.
    According to the verified notice, Howell controls three other Class 
III carriers: (1) West Erie Shortline Inc. (WESL), which Howell 
controls through majority stock owned by Northern Illinois & Wisconsin 
Railway Corporation, d/b/a NIWX Corporation, a non-carrier (NIWX); (2) 
Blackwell Northern Gateway Railroad Company (BNG), which Howell 
controls through majority of shares owned either personally or through 
NIWX; and (3) Davenport Industrial Railroad (DIR), in which Howell 
holds a minority interest. The verified notice states that Howell will 
continue in control of WIM upon WIM's becoming a Class III rail 
carrier. Howell represents that: (1) the rail properties operated by 
WESL and BNG and those to be operated by WIM do not connect with each 
other or any railroads in their corporate family; (2) the continuance 
in control of WIM is not part of a series of anticipated transactions 
that would connect the rail lines of WESL, BNG, DIR, and WIM with each 
other or any railroad in the corporate family; and (3) the transaction 
does not involve a Class I rail carrier. The transaction, therefore, is 
exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 
U.S.C. 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. Accordingly, 
because this transaction involves Class III rail carriers only, the 
Board may not impose labor protective conditions here.
    The earliest this transaction may be consummated is September 7, 
2023, the effective date of the exemption (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 August 
31, 2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36708, 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 
Howell's representative, John K. Fiorilla, Dyer & Peterson, PC, 605 
Main Street, Suite 104, Riverton, NJ 08077-1440.
    According to Howell, 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: August 21, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2023-18248 Filed 8-23-23; 8:45 am]
BILLING CODE 4915-01-P