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This is a determination of the Railroad Retirement Board concerning the status
of Northwestern Pacific Railway Company, LLC. (NPRC), as an employer under the
Railroad Retirement Act (45 U.S.C. §231 et seq.) and the Railroad Unemployment
Insurance Act (45 U.S.C. §351 et seq.). In Board Coverage Decision (BCD)
01-37, NPRC was determined to be an employer under the Railroad Retirement Act
and Railroad Unemployment Insurance Act effective February 13, 2001. In Board
Coverage Decision 01-71, the Board reconsidered the beginning date of coverage
for NPRC and found that coverage began July 25, 2000.
On October 29, 2007, in response to an inquiry letter dated October 1, 2007,
Mr. John A. Darling, the Managing Member of NPRC, provided answers to a
termination questionnaire and forwarded a copy of the decision of the Surface
Transportation Board (STB) in Finance Docket No. 35073 (Service date August 30,
2007. The STB decision stated that Northwestern Pacific Railroad Company (NPR
Company), a non-carrier, had filed a verified notice of exemption under 49 CFR
1150.31 to change operators from NPRC to NPR Company on a line of railroad
entirely within the State of California and owned by North Coast Railroad
Authority and Sonoma-Marin Area Rail Transit District.
Mr. Darling stated that rail operations ceased on September 15, 2001. NPRC
has not been merged into any other railroad company and NPRC’s only remaining
operations are to prosecute damages claims against North Coast Railroad
Authority. NPRC’s employees were last compensated on August 31, 2001 and all of
its tangible assets were repossessed by its secured creditors or returned to its
lessors between October 1, 2001 and August 20, 2005.
Section 202.11 (20 CFR 202.11) of the Board’s regulations states that:
The employer status of any company or person shall terminate whenever such
company or person loses any of the characteristics essential to the existence
of an employer status.
The evidence of record establishes that NPRC no longer possesses the
characteristics of a railroad carrier employer. The Board therefore finds that
effective September 15, 2001, the date NPRC’s railroad operations ceased,
Northwestern Pacific Railway Company, LLC ceased being a covered employer under
the Railroad Retirement and Railroad Unemployment Insurance Acts.
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Original signed by: |
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FOR THE BOARD
Beatrice Ezerski
Secretary to the Board |
The Board’s Audit and
Compliance Section is reviewing the coverage status of NPR Company.
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