Notice2023-18248
John Howell-Continuation of Control Exemption-Washington, Idaho & Montana Railway 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
August 24, 2023
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 163 (Thursday, August 24, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Page 58055]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
</pre></body>
</html>Indexed from Federal Register on August 24, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.