[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Page 10618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3941]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35594]


Eric Temple--Control Exemption--Portland Vancouver Junction 
Railroad, LLC

    Eric Temple (applicant), a noncarrier individual, has filed a 
verified notice of exemption to acquire direct control of Portland 
Vancouver Junction Railroad, LLC (PVJR), a wholly owned subsidiary of 
Columbia Basin Railroad Company, Inc. (CBRW), upon his acquiring 100% 
of the membership interest in PVJR.
    The transaction is expected to be consummated on or after March 7, 
2012.
    Applicant and Nicholas B. Temple directly control CBRW and Central 
Washington Railroad Company (CWA), and they indirectly control PVJR.\1\ 
CBRW, CWA and PVJR are all Class III rail carriers that lease and 
operate rail lines between specified points within the State of 
Washington.\2\
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    \1\ Applicant states that Nicholas B. Temple and he each have a 
50% ownership interest in CBRW and a 45% ownership interest in CWA.
    \2\ See Nicholas B. Temple, Eric Temple, Columbia Basin R.R., 
Cent. Wash. R.R. and Portland Vancouver Junction R.R.--Corporate 
Family Transaction Exemption, FD 35210 (STB served Jan. 16, 2009); 
and Nicholas B. Temple and Eric Temple--Control Exemption--Cent. 
Wash. R.R., FD 34641 (STB served Jan. 21, 2005).
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    Applicant states that: (1) PVJR does not connect with any rail 
lines of CBRW or CWA; (2) the transaction is not part of a series of 
anticipated transactions that would connect these rail lines with each 
other; and (3) the transaction does not involve a Class I rail 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. Section 11326(c), however, does 
not provide for labor protection for transactions under Sec. Sec.  
11324 and 11325 that involve only Class III rail carriers. Accordingly, 
the Board may not impose labor protective conditions here, because all 
of the carriers involved are Class III carriers.
    If the 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 February 29, 2012 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35594, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Rose-Michele Nardi., Weiner Brodsky Sidman 
Kider PC, 1300 19th St. NW., Fifth Floor, Washington, DC 20036-1609.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: February 13, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-3941 Filed 2-21-12; 8:45 am]
BILLING CODE 4915-01-P