Ohio River Partners Shareholders LLC-Exemption for Intra-Corporate Family Transaction-Ohio River Partners LLC, 50728-50729 [2017-23766]

Download as PDF 50728 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices the INA (8 U.S.C. 1189), shall be maintained. This determination shall be published in the Federal Register. Dated: October 11, 2017. Rex W. Tillerson, Secretary of State. [FR Doc. 2017–23792 Filed 10–31–17; 8:45 am] BILLING CODE 4710–AD–P DEPARTMENT OF STATE [Public Notice 10185] Review of the Designation as a Foreign Terrorist Organization of Jaish-eMohammed (and Other Aliases) Based upon a review of the Administrative Record assembled pursuant to Section 219(a)(4)(C) of the Immigration and Nationality Act, as amended (8 U.S.C. 1189(a)(4)(C)) (‘‘INA’’), and in consultation with the Attorney General and the Secretary of the Treasury, I conclude that the circumstances that were the basis for the designation of the aforementioned organization as a Foreign Terrorist Organization have not changed in such a manner as to warrant revocation of the designation and that the national security of the United States does not warrant a revocation of the designation. Therefore, I hereby determine that the designation of the aforementioned organization as a Foreign Terrorist Organization, pursuant to Section 219 of the INA (8 U.S.C. 1189), shall be maintained. This determination shall be published in the Federal Register. Dated: October 11, 2017. Rex W. Tillerson, Secretary of State. [FR Doc. 2017–23790 Filed 10–31–17; 8:45 am] BILLING CODE 4710–AD–P [Public Notice: 10184] sradovich on DSK3GMQ082PROD with NOTICES Review of the Designation as a Foreign Terrorist Organization of Islamic Jihad Union (and Other Aliases) Based upon a review of the Administrative Record assembled pursuant to Section 219(a)(4)(C) of the Immigration and Nationality Act, as amended (8 U.S.C. 1189(a)(4)(C)) (‘‘INA’’), and in consultation with the Attorney General and the Secretary of the Treasury, I conclude that the circumstances that were the basis for the designation of the aforementioned organization as a Foreign Terrorist Organization have not changed in such 18:16 Oct 31, 2017 Dated: October 11, 2017. Rex W. Tillerson, Secretary of State . [FR Doc. 2017–23791 Filed 10–31–17; 8:45 am] BILLING CODE 4710–AD–P DEPARTMENT OF STATE [Public Notice: 10182] Department of State Performance Review Board Members In accordance with section 4314(c)(4) of 5 United States Code, the Department of State has appointed the following individuals to the Department of State Performance Review Board for Senior Executive Service members: James Walsh, Chairperson, Deputy Assistant Secretary, Bureau of International Narcotics and Law Enforcement, Department of State; Lisa Grosh, Assistant Legal Adviser, Office of the Legal Adviser, Department of State; Nancy Jackson, Deputy Assistant Secretary, Bureau of Population, Refugees and Migration, Department of State; Eliot Kang, Deputy Assistant Secretary, Bureau of International Security and Nonproliferation, Department of State; and, Gail Neelon, Associate Dean, Foreign Service Institute, Department of State. Dated: October 20, 2017. William Todd, Acting, Director General of the Foreign Service and Director of Human Resources, Department of State. DEPARTMENT OF STATE VerDate Sep<11>2014 a manner as to warrant revocation of the designation and that the national security of the United States does not warrant a revocation of the designation. Therefore, I hereby determine that the designation of the aforementioned organization as a Foreign Terrorist Organization, pursuant to Section 219 of the INA (8 U.S.C. 1189), shall be maintained. This determination shall be published in the Federal Register. Jkt 244001 [FR Doc. 2017–23796 Filed 10–31–17; 8:45 am] BILLING CODE 4710–15–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36152] Ohio River Partners Shareholders LLC—Exemption for Intra-Corporate Family Transaction—Ohio River Partners LLC Ohio River Partners Shareholder LLC (ORPS) and Ohio River Partners LLC (ORP) (collectively, the Parties) have jointly filed a verified notice of PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 exemption under 49 CFR 1180.2(d)(3) for an intra-corporate family transaction. ORP is a Delaware limited liability company, and in 2016 the Board authorized it to acquire and operate a 12.2-mile rail line between milepost 60.5 at or near Powhatan Point, Ohio, and milepost 72.2 at or near Hannibal, Ohio (the Omal Line).1 ORPS, a Delaware limited liability company, owns 100% of the member interests of ORP.2 According to the Parties, the purpose of this transaction is to vest both fee title to the Omal Line and the right (and common carrier obligation) to operate the Omal Line in a single entity (ORPS).3 They state that the transaction will streamline administration and enhance corporate efficiency for the Parties, which are already closely integrated. They note, for example, that the proposed merger will eliminate the need for ORP and ORPS to prepare separate tax returns and maintain separate corporate records. The Parties state that the transaction does not impose or involve any interchange commitment by, or affecting, the Parties.4 Unless stayed, the exemption will be effective on November 15, 2017 (30 days after the verified notice was filed). The Parties state that they intend to consummate the proposed transaction as soon as practicable after the effective date of the exemption. This is a transaction within a corporate family of the type specially exempted from prior review and approval under 49 CFR 1180.2(d)(3). The Parties state that the transaction will not result in any adverse change in service levels or significant operational changes because ORP has not yet commenced operations over the Omal Line. Nor will the merger of ORP with and into ORPS result in any change in 1 See Ohio River Partners LLC—Acquis. & Operation Exemption—Hannibal Development, LLC, FD 35984 (STB served Apr. 1, 2016). 2 ORPS is indirectly owned and controlled by Fortress Transportation and Infrastructure Investors LLC, which is managed by an affiliate of Fortress Investment Group LLC (Fortress). 3 The Parties state that the Omal Line acquisition was part of a broader real estate transaction pursuant to which ORPS acquired certain industrial property (including the land upon which the Omal Line is located) from Hannibal Development LLC (Hannibal Development). The parties originally contemplated that ORP would acquire and operate the Omal Line, while ORPS would acquire the other real property from Hannibal Development. However, as consummated, the transaction resulted in ORPS becoming the owner of all the property conveyed by Hannibal Development, including the Omal Line. 4 An unexecuted draft copy of the Parties’ agreement was filed with the verified notice of exemption. E:\FR\FM\01NON1.SGM 01NON1 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices the competitive balance with carriers outside the corporate family. 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 Sections 11324 and 11325 that involve only Class III rail carriers. The exemption here was filed by ORP and ORPS. Only Class III carriers are involved. Accordingly, labor protective conditions will not be imposed. 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 exemption. Petitions for stay must be filed no later than November 8, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36152, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Terrence M. Hynes, Sidley Austin LLP, 1501 K Street NW., Washington, DC 20005. According to the Parties, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: October 27, 2017. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2017–23766 Filed 10–31–17; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 33 (Sub-No. 327X)] sradovich on DSK3GMQ082PROD with NOTICES Union Pacific Railroad Company— Abandonment and Discontinuance of Service Exemption—in Cerro Gordo County, Iowa Union Pacific Railroad Company (UP) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F— Exempt Abandonments and Discontinuance of Service for UP to: (1) Abandon a 2.0-mile portion of UP’s Rockwell Industrial Lead in Mason City, Iowa, between milepost 155.5 near Elm Street and milepost 157.5 near 19th VerDate Sep<11>2014 18:16 Oct 31, 2017 Jkt 244001 Street; and (2) discontinue service over a 0.5-mile portion of UP’s Rockwell Industrial Lead near Swifts, Iowa, between milepost 157.5 and milepost 158.0, near Swifts, Iowa (the Line).1 The Line is entirely within Cerro Gordo County, Iowa, and traverses United States Postal Service Zip Code 50401. UP has certified that: (1) No local or overhead traffic has moved over the Line for at least two years; (2) there is no need to reroute any traffic over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will become effective on December 1, 2017, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and interim trail use/rail 1 In the verified notice, UP states that after the proposed abandonment, UP will continue to provide rail service from the remaining portion of the Rockwell Industrial Lead, as well as the Mason City and Albert Lea Subdivisions of the Spine Line, which lie within one mile of the Line. 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,800. See Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs.—2017 Update, EP 542 (Sub-No. 25), slip op. App. C at 20 (STB served July 28, 2017). PO 00000 Frm 00122 Fmt 4703 Sfmt 9990 50729 banking requests under 49 CFR 1152.29 must be filed by November 9, 2017. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 21, 2017, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to UP’s representative: Jeremy M. Berman, General Attorney, 1400 Douglas Street, Stop 1580, Omaha, NE 68179. If the verified notice contains false or misleading information, the exemption is void ab initio. UP has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by November 6, 2017. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (800) 877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or interim trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by UP’s filing of a notice of consummation by November 1, 2018, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at ‘‘WWW.STB.GOV.’’ Decided: October 26, 2017. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2017–23765 Filed 10–31–17; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50728-50729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23766]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36152]


Ohio River Partners Shareholders LLC--Exemption for Intra-
Corporate Family Transaction--Ohio River Partners LLC

    Ohio River Partners Shareholder LLC (ORPS) and Ohio River Partners 
LLC (ORP) (collectively, the Parties) have jointly filed a verified 
notice of exemption under 49 CFR 1180.2(d)(3) for an intra-corporate 
family transaction. ORP is a Delaware limited liability company, and in 
2016 the Board authorized it to acquire and operate a 12.2-mile rail 
line between milepost 60.5 at or near Powhatan Point, Ohio, and 
milepost 72.2 at or near Hannibal, Ohio (the Omal Line).\1\ ORPS, a 
Delaware limited liability company, owns 100% of the member interests 
of ORP.\2\
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    \1\ See Ohio River Partners LLC--Acquis. & Operation Exemption--
Hannibal Development, LLC, FD 35984 (STB served Apr. 1, 2016).
    \2\ ORPS is indirectly owned and controlled by Fortress 
Transportation and Infrastructure Investors LLC, which is managed by 
an affiliate of Fortress Investment Group LLC (Fortress).
---------------------------------------------------------------------------

    According to the Parties, the purpose of this transaction is to 
vest both fee title to the Omal Line and the right (and common carrier 
obligation) to operate the Omal Line in a single entity (ORPS).\3\ They 
state that the transaction will streamline administration and enhance 
corporate efficiency for the Parties, which are already closely 
integrated. They note, for example, that the proposed merger will 
eliminate the need for ORP and ORPS to prepare separate tax returns and 
maintain separate corporate records.
---------------------------------------------------------------------------

    \3\ The Parties state that the Omal Line acquisition was part of 
a broader real estate transaction pursuant to which ORPS acquired 
certain industrial property (including the land upon which the Omal 
Line is located) from Hannibal Development LLC (Hannibal 
Development). The parties originally contemplated that ORP would 
acquire and operate the Omal Line, while ORPS would acquire the 
other real property from Hannibal Development. However, as 
consummated, the transaction resulted in ORPS becoming the owner of 
all the property conveyed by Hannibal Development, including the 
Omal Line.
---------------------------------------------------------------------------

    The Parties state that the transaction does not impose or involve 
any interchange commitment by, or affecting, the Parties.\4\
---------------------------------------------------------------------------

    \4\ An unexecuted draft copy of the Parties' agreement was filed 
with the verified notice of exemption.
---------------------------------------------------------------------------

    Unless stayed, the exemption will be effective on November 15, 2017 
(30 days after the verified notice was filed). The Parties state that 
they intend to consummate the proposed transaction as soon as 
practicable after the effective date of the exemption.
    This is a transaction within a corporate family of the type 
specially exempted from prior review and approval under 49 CFR 
1180.2(d)(3). The Parties state that the transaction will not result in 
any adverse change in service levels or significant operational changes 
because ORP has not yet commenced operations over the Omal Line. Nor 
will the merger of ORP with and into ORPS result in any change in

[[Page 50729]]

the competitive balance with carriers outside the corporate family.
    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 Sections 11324 
and 11325 that involve only Class III rail carriers. The exemption here 
was filed by ORP and ORPS. Only Class III carriers are involved. 
Accordingly, labor protective conditions will not be imposed.
    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 exemption. Petitions 
for stay must be filed no later than November 8, 2017 (at least seven 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36152, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Terrence M. Hynes, Sidley Austin LLP, 1501 K 
Street NW., Washington, DC 20005.
    According to the Parties, this action is categorically excluded 
from environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: October 27, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2017-23766 Filed 10-31-17; 8:45 am]
BILLING CODE 4915-01-P