Oregon International Port of Coos Bay and Coos Bay Rail Line, Inc.-Intra-Corporate Family Transaction Exemption, 28064-28065 [2018-12914]

Download as PDF 28064 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: The retention period for visa records depends on the nature of the information and disposition of the visa adjudication. Some files related to issued immigrant visas are destroyed six months after issuance. In some instances, files with historical significance are permanent records. Most files related to Certificates of Identity are retained for twenty years after closure. These records are retired and destroyed in accordance with published Department of State Records Disposition Schedules as approved by the National Archives and Records Administration (NARA), and a complete list of the Department’s schedules can be found on our Freedom of Information Act (FOIA) program’s website (https:// foia.state.gov/Learn/Records Disposition.aspx). 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However, in general, visa records are confidential and may not be released under section 222(f) of the Immigration and Nationality Act, except that, the Department of State may consider requests for records that originated with, or were sent to, a requesting visa applicant or someone acting on such applicant’s behalf to be releasable thereto. CONTESTING RECORD PROCEDURES: Individuals who wish to contest record procedures should write to U.S. Department of State; Director, Office of Information Programs and Services; A/GIS/IPS; SA–2, Suite 8100; Washington, DC 20522–0208. NOTIFICATION PROCEDURES: Individuals who have reason to believe that this system of records may PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 contain information pertaining to them may write to U.S. Department of State; Director, Office of Information Programs and Services; A/GIS/IPS; SA–2, Suite 8100; Washington, DC 20522–0208. The individual must specify that he or she wishes the Visa Records to be checked. At a minimum, the individual must include: Full name (including maiden name, if appropriate) and any other names used; current mailing address and zip code; date and place of birth; notarized signature or statement under penalty of perjury; a brief description of the circumstances that caused the creation of the record (including the city and/or country and the approximate dates) which gives the individual cause to believe that the Visa Records include records pertaining to him or her. EXEMPTIONS PROMULGATED FOR THE SYSTEM: Pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(3), records contained within this system of records are exempted from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f). See Department of State Rules published in the Federal Register, under 22 CFR 171.26. HISTORY: This SORN was previously published at 77 FR 65245 (October 25, 2012). Mary R. Avery, Senior Agency Official for Privacy, Senior Advisor, Office of Global Information Services, Bureau of Administration, Department of State. [FR Doc. 2018–12871 Filed 6–14–18; 8:45 am] BILLING CODE 4710–24–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36199] Oregon International Port of Coos Bay and Coos Bay Rail Line, Inc.—IntraCorporate Family Transaction Exemption Oregon International Port of Coos Bay (the Port), and Coos Bay Rail Line, Inc. (Coos Rail) (collectively, the Applicants), have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for an intra-corporate family transaction. According to the Applicants, the Port is a rail common carrier that owns certain interconnected railroad lines in Oregon extending from Eugene to Coquille via Coos Bay, a total of roughly 133 route miles.1 The 1 See Or. Int’l Port of Coos Bay—Acquis. Exemption—Rail Line of Union Pac. R.R. in Coos Cty., Or., FD 35385 (STB served Jul. 9, 2010); Or. Int’l Port of Coos Bay—Feeder Line Application— Coos Bay Line of Cent. Ore. & Pac. R.R., FD 35160 (STB served Oct. 31, 2008; modified Mar. 12, 2009.) E:\FR\FM\15JNN1.SGM 15JNN1 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices Applicants state that the lines in question extend from milepost 652.114 at Danebo, Or., to milepost 763.13 at Cordes, Or., and from milepost 761.13 at Cordes to milepost 785.5 at Coquille (collectively, the Line). The Line is currently operated by Coos Bay Railroad Operating Company, LLC d/b/a Coos Bay Rail Link (CBRL) pursuant to a lease agreement with the Port.2 The Applicants state that CBRL’s parent company has advised the Port that it no longer wishes to operate the Line, and that the Port has begun to contemplate assuming operations of the Line in place of CBRL.3 However, the Applicants assert the Port does not wish to become an operating common carrier itself, and therefore has created Coos Rail as a public benefit corporation under the control of the Port for purposes of assuming operations over the Line in place of the Port. According to the Applicants, the Port would retain ownership of the Line, but common carrier service would be provided by Coos Rail, either alone or jointly with CBRL. The Applicants state that the proposed transaction will be governed by a lease agreement that has yet to be executed, a copy of which was Coos Bay R.R. Operating Co., LLC— Operation Exemption—Line of R.R. owned by the Or. Int’l Port of Coos Bay, FD 35551 (STB served Sep. 14, 2011.) 3 On June 4, 2018, CBRL filed a notice of intent to participate, stating that it intends to submit a petition to reject the notice on or before June 20, 2018. sradovich on DSK3GMQ082PROD with NOTICES 2 See VerDate Sep<11>2014 17:11 Jun 14, 2018 Jkt 244001 submitted with their verified notice of exemption. The Applicants state that the transaction and underlying lease agreement do not involve or contain any provision or agreement that may limit future interchange with a third-party connecting carrier. Unless stayed, the exemption will be effective on June 30, 2018 (30 days after the verified notice was filed). The Applicants state that they intend to consummate the proposed transaction on or after June 30, 2018, as circumstances warrant. 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 Applicants have not indicated that the transaction would result in adverse changes in service levels, significant operational changes, or any changes in the competitive balance with carriers outside the corporate family. According to the Applicants, the transaction will permit the Port to take common carrier operations in house quickly (if necessary) and to create a discrete corporate subdivision to handle the business of running the Line as ancillary to the Port’s primary functions. 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 PO 00000 Frm 00117 Fmt 4703 Sfmt 9990 28065 carriers. The Port is a Class III carrier and Coos Rail would become a Class III carrier. 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 to stay must be filed no later than June 22, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36199, must be filed with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. In addition, a copy must be served on Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. According to the Applicants, this action is exempt from environmental review under 49 CFR 1105.6(c) and exempt from historic review under 49 CFR 1105.8(b). Board decisions and notices are available on our website at WWW.STB.GOV’’. Decided: June 12, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–12914 Filed 6–14–18; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\15JNN1.SGM 15JNN1

Agencies

Surface Transportation Board

[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 28064-28065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12914]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36199]


Oregon International Port of Coos Bay and Coos Bay Rail Line, 
Inc.--Intra-Corporate Family Transaction Exemption

    Oregon International Port of Coos Bay (the Port), and Coos Bay Rail 
Line, Inc. (Coos Rail) (collectively, the Applicants), have jointly 
filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for an 
intra-corporate family transaction. According to the Applicants, the 
Port is a rail common carrier that owns certain interconnected railroad 
lines in Oregon extending from Eugene to Coquille via Coos Bay, a total 
of roughly 133 route miles.\1\ The

[[Page 28065]]

Applicants state that the lines in question extend from milepost 
652.114 at Danebo, Or., to milepost 763.13 at Cordes, Or., and from 
milepost 761.13 at Cordes to milepost 785.5 at Coquille (collectively, 
the Line).
---------------------------------------------------------------------------

    \1\ See Or. Int'l Port of Coos Bay--Acquis. Exemption--Rail Line 
of Union Pac. R.R. in Coos Cty., Or., FD 35385 (STB served Jul. 9, 
2010); Or. Int'l Port of Coos Bay--Feeder Line Application--Coos Bay 
Line of Cent. Ore. & Pac. R.R., FD 35160 (STB served Oct. 31, 2008; 
modified Mar. 12, 2009.)
---------------------------------------------------------------------------

    The Line is currently operated by Coos Bay Railroad Operating 
Company, LLC d/b/a Coos Bay Rail Link (CBRL) pursuant to a lease 
agreement with the Port.\2\ The Applicants state that CBRL's parent 
company has advised the Port that it no longer wishes to operate the 
Line, and that the Port has begun to contemplate assuming operations of 
the Line in place of CBRL.\3\ However, the Applicants assert the Port 
does not wish to become an operating common carrier itself, and 
therefore has created Coos Rail as a public benefit corporation under 
the control of the Port for purposes of assuming operations over the 
Line in place of the Port. According to the Applicants, the Port would 
retain ownership of the Line, but common carrier service would be 
provided by Coos Rail, either alone or jointly with CBRL. The 
Applicants state that the proposed transaction will be governed by a 
lease agreement that has yet to be executed, a copy of which was 
submitted with their verified notice of exemption.
---------------------------------------------------------------------------

    \2\ See Coos Bay R.R. Operating Co., LLC--Operation Exemption--
Line of R.R. owned by the Or. Int'l Port of Coos Bay, FD 35551 (STB 
served Sep. 14, 2011.)
    \3\ On June 4, 2018, CBRL filed a notice of intent to 
participate, stating that it intends to submit a petition to reject 
the notice on or before June 20, 2018.
---------------------------------------------------------------------------

    The Applicants state that the transaction and underlying lease 
agreement do not involve or contain any provision or agreement that may 
limit future interchange with a third-party connecting carrier.
    Unless stayed, the exemption will be effective on June 30, 2018 (30 
days after the verified notice was filed). The Applicants state that 
they intend to consummate the proposed transaction on or after June 30, 
2018, as circumstances warrant.
    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 Applicants have not indicated that the transaction 
would result in adverse changes in service levels, significant 
operational changes, or any changes in the competitive balance with 
carriers outside the corporate family. According to the Applicants, the 
transaction will permit the Port to take common carrier operations in 
house quickly (if necessary) and to create a discrete corporate 
subdivision to handle the business of running the Line as ancillary to 
the Port's primary functions.
    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 Port is a 
Class III carrier and Coos Rail would become a Class III carrier. 
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 
to stay must be filed no later than June 22, 2018 (at least seven days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36199, must be filed with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001. In addition, a copy must be 
served on Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North Wacker 
Drive, Suite 920, Chicago, IL 60606-2832.
    According to the Applicants, this action is exempt from 
environmental review under 49 CFR 1105.6(c) and exempt from historic 
review under 49 CFR 1105.8(b).
    Board decisions and notices are available on our website at 
WWW.STB.GOV''.

    Decided: June 12, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-12914 Filed 6-14-18; 8:45 am]
BILLING CODE 4915-01-P

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