Notice2023-02876
CWW LLC-Continuance in Control-Yak Rail LLC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 28 (Friday, February 10, 2023)</title>
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[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8983-8984]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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</html>Indexed from Federal Register on February 10, 2023.
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