Notice2023-18270
Washington, Idaho & Montana Railway LLC-Operation Exemption-BLPI RR 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 25, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 164 (Friday, August 25, 2023)</title>
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[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58432-58433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18270]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36707]
Washington, Idaho & Montana Railway LLC--Operation Exemption--
BLPI RR LLC
Washington, Idaho & Montana Railway LLC (WIM), a noncarrier, has
filed a verified notice of exemption pursuant to 49 CFR 1150.31 to
operate approximately 43.744 miles of rail line owned by the BLPI RR
LLC (BLPI RR) \1\ in the County of Latah, Idaho, from milepost 3.32
(Washington/Idaho state line) to milepost 47.06 at Bovill, Idaho (the
Line).
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\1\ See BLPI RR L.L.C.--Acquis. & Operation Exemption--Palouse
River & Coulee City R.R., FD 36706 (STB served July 7, 2023).
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According to the verified notice, WIM has entered into an operating
agreement with BLPI RR. WIM further states that it will interchange
with the Spokane, Spangle & Palouse Railway (SS&P) at SS&P's connection
with the Line at the Washington/Idaho state line or at another location
near Palouse, Wash., as WIM and SS&P may agree.
This transaction is related to a concurrently filed verified notice
of exemption in Howell--Continuance of Control Exemption--Washington,
Idaho & Montana Railway, Docket No. FD 36708, in which the John Howell
seeks to continue in control of WIM upon WIM's becoming a Class III
rail carrier.
WIM certifies that its annual projected revenues as a result of the
transaction will not exceed those that would qualify it as a Class III
carrier and will not exceed $5 million. WIM also states that the
operation agreement does not involve a provision or agreement that
would limit future interchange with a third-party connecting carrier.
The effective date of this exemption is September 8, 2023 (30 days
after the verified notice was filed).\2\ WIM indicates in the verified
notice that it and BLPI RR seek to commence service on the Line as soon
as possible. The parties are reminded that WIM may not consummate the
transaction described in this notice until after the effective date of
the related continuance in
[[Page 58433]]
control exemption in Docket No. FD 36708.
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\2\ WIM initially submitted its verified notice on August 4,
2023, but supplemented it by letter on August 9, 2023. The date of
WIM's supplement will be considered the filing date for purposes of
calculating the effective date of this exemption.
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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 September 1,
2023 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36707, 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
WIM's representative, John K. Fiorilla, Dyer & Peterson, PC, 605 Main
Street, Suite 104, Riverton, NJ 08077-1440.
According to WIM, 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.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-18270 Filed 8-24-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on August 25, 2023.
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