Notice2022-04633
Eric Temple-Continuance in Control-Central Washington Railroad Company, Columbia Basin Railroad Company, Inc., Portland Vancouver Junction Railroad, LLC, and Columbia Shipyards Railroad LLC
Primary source
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Published
March 4, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 43 (Friday, March 4, 2022)</title>
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[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12526-12527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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</html>Indexed from Federal Register on March 4, 2022.
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