Paul Didelius-Continuance in Control Exemption-KET, LLC, 58806-58807 [2018-25413]

Download as PDF 58806 Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices DEPARTMENT OF STATE [Public Notice 10595] 60-Day Notice of Proposed Information Collection: Overseas Schools Grant Status Report Notice of request for public comment. ACTION: The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB. DATES: The Department will accept comments from the public up to January 22, 2019. ADDRESSES: You may submit comments by any of the following methods: • Web: Persons with access to the internet may comment on this notice by going to www.Regulations.gov. You can search for the document by entering ‘‘Docket Number: DOS–2018–0051’’ in the Search field. Then click the ‘‘Comment Now’’ button and complete the comment form. • Email: shearertp@state.gov. • Regular Mail: Send written comments to: Office of Overseas Schools, U.S. Department of State, 2201 C Street NW, Washington, DC 20520. • Fax: 202–261–8224. You must include the DS form number (if applicable), information collection title, and the OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Thomas Shearer, Department of State, Office of Overseas Schools, A/OPR/OS, Room H328, SA–1, Washington, DC 20522–0132, who may be reached on 202–261–8200 or at shearertp@state.gov. SUPPLEMENTARY INFORMATION: • Title of Information Collection: Overseas Schools Grant Status Report. • OMB Control Number: 1405–0033. • Type of Request: Extension of a currently approved collection. • Originating Office: Bureau of Administration, A/OPR/OS. • Form Number: DS–2028. • Respondents: Overseas schools grantees. • Estimated Number of Respondents: 192. khammond on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:08 Nov 20, 2018 Jkt 247001 • Estimated Number of Responses: 192. • Average Time per Response: 15 minutes. • Total Estimated Burden Time: 48 hours. • Frequency: Annually. • Obligation to Respond: Required to Obtain or Retain a Benefit. We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper functions of the Department. • Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review. Abstract of Proposed Collection The Office of Overseas Schools of the Department of State (A/OPR/OS) is responsible for determining that adequate educational opportunities exist at Foreign Service Posts for dependents of U.S. Government personnel stationed abroad, and for assisting American-sponsored overseas schools to demonstrate U.S. educational philosophy and practice. The information gathered provides the technical and professional staff of A/ OPR/OS the means by which obligations, expenditures and reimbursements of the grant funds are monitored to ensure the grantee is in compliance with the terms of the grant. Methodology Information is collected via electronic and paper submission. Seth M. Rogier, Acting Executive Director, Bureau of Administration, Department of State. [FR Doc. 2018–25365 Filed 11–20–18; 8:45 am] BILLING CODE 4710–24–P PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 SURFACE TRANSPORTATION BOARD [Docket No. FD 36245] Paul Didelius—Continuance in Control Exemption—KET, LLC Paul Didelius (Didelius), an individual and noncarrier,1 has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of KET, LLC (KET), upon KET’s becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in KET, LLC—Operation Exemption—Lines of Railroad in Benton County, Wash., Docket No. FD 36244, in which KET seeks Board approval under 49 CFR 1150.31 to operate two industrial spurs totaling approximately 1.28 miles in length in Kennewick and Hedges, Benton County, Wash. The transaction may be consummated on or after December 5, 2018, the effective date of the exemption (30 days after the verified notice of exemption was filed). Didelius represents that: (1) The rail properties that will be operated and controlled by Didelius, namely LRY, YCR, CCET, WRL, CWW, and KET, do not physically connect; (2) there are no plans to acquire additional rail lines for the purpose of making a connection; and (3) each of the carriers involved in the continuance in control transaction is a Class III 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 §§ 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 verified notice contains false or misleading information, the exemption 1 Didelius currently owns 100% of LRY, LLC d/b/a Lake Railway (LRY), a Class III carrier that leases and operates rail lines owned by Union Pacific Railroad Company and Lake County, Or., in California and Oregon; 49% of YCR Corporation (YCR), a Class III rail carrier established for the purpose of leasing and operating a line of railroad owned by Yakima County, Wash.; 100% of CCET, LLC (CCET), a Class III short line rail carrier organized for the purpose of leasing and operating a rail line owned by Norfolk Southern Railway Company in Ohio; 100% of WRL, LLC (WRL), a Class III carrier that leases and operates a rail line owned by Port of Royal Slope, a Washington state municipal corporation, in Washington; and 100% of CWW, LLC (CWW), a Class III carrier that leases and operates a line of railroad owned by the Port of Columbia, Wash. E:\FR\FM\21NON1.SGM 21NON1 Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices 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 November 28, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36245, 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 James H.M. Savage, 22 Rockingham Court, Germantown, MD 20874. Board decisions and notices are available on our website at www.stb.gov. Decided: November 16, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–25413 Filed 11–20–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36220] CSX Transportation, Inc.—Lease— Western and Atlantic Railroad Surface Transportation Board. Decision No. 1 in FD 36220; Notice of Acceptance of Application; Issuance of Procedural Schedule. AGENCY: ACTION: This decision accepts for consideration the application by CSX Transportation, Inc. to continue to lease approximately 137.33 miles of rail line of the Western and Atlantic Railroad from the State of Georgia. The Board determines that this is a minor transaction as defined by the Board’s regulations and adopts a procedural schedule. SUMMARY: The effective date of this decision is November 21, 2018. Any person who wishes to participate in this proceeding as a party of record (POR) must file a notice of intent to participate no later than December 5, 2018. All comments, protests, requests for conditions, and any other evidence and argument in opposition to the application, including filings by the U.S. Department of Justice (DOJ) and the U.S. Department of Transportation (DOT), must be filed by January 4, 2019. Responses to comments, protests, requests for conditions, and other opposition on the transportation merits of the Lease, and rebuttal in support of khammond on DSK30JT082PROD with NOTICES DATES: VerDate Sep<11>2014 16:08 Nov 20, 2018 Jkt 247001 the application must be filed by February 1, 2019. The Board expects to issue its final decision by April 19, 2019, and to make the decision effective by May 19, 2019. For further information respecting dates, see the procedural schedule below. ADDRESSES: Any filing submitted on the transportation merits in this proceeding must be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should attach a document and otherwise comply with the instructions found on the Board’s website at www.stb.gov at the ‘‘E–FILING’’ link. Any person submitting a filing in the traditional paper format should send an original and 10 paper copies of the filing (and also an electronic version) to: Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. In addition, one copy of each filing in this proceeding must be sent (and may be sent by email only if service by email is acceptable to the recipient) to each of the following: (1) U.S. Secretary of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; (2) Attorney General of the United States, c/o Assistant Attorney General, Antitrust Division, Room 3109, Department of Justice, Washington, DC 20530; (3) Louis E. Gitomer (representing CSXT), Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204; and (4) any other person designated as a POR on the service list notice (as explained below, the service list notice will be issued as soon after December 5, 2018, as practicable). FOR FURTHER INFORMATION CONTACT: Lisa Novins, (202) 245–0389. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339. SUPPLEMENTARY INFORMATION: The Surface Transportation Board (Board) is accepting for consideration the application submitted on October 22, 2018, by CSX Transportation, Inc. (CSXT). CSXT seeks Board approval under 49 U.S.C. 11323 to continue to lease from the State of Georgia (Georgia) approximately 137.33 miles of rail line of the Western and Atlantic Railroad (W&A), a non-operating carrier owned by Georgia, acting by and through the State Properties Commission, between milepost 0 at Central Avenue in the City of Atlanta, Ga., and milepost 137.28 at the centerline of Interstate 24 in the City of Chattanooga, Tenn. (the Line). On November 2, 2018, Georgia, acting by and through the State Properties Commission, filed a letter in support of CSXT’s application. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 58807 The Board finds that the proposed transaction (the Lease) is a ‘‘minor transaction’’ under 49 CFR 1180.2(c) and that the application is complete. The Board adopts a procedural schedule for consideration of the application, under which the Board’s final decision would be expected to be issued by April 19, 2019, and would become effective by May 19, 2019. As a condition to the Lease, CSXT states that it has agreed to seek authority to abandon two lines that are not part of the Line in order to allow Georgia to expand its Silver Comet recreational trail: (1) A 2.32-mile long railroad line between milepost S.G. 579.29 and milepost S.G. 581.61 in Cobb County, Ga., see CSX Transportation, Inc.— Abandonment Exemption—in Cobb County, Ga., AB 55 (Sub-No. 784X); and (2) a 4.3-mile line between milepost S.G. 579.29 and milepost 575.00 in Cobb County, Ga. (Appl. 18.) CSXT is a Class I railroad and W&A is a non-operating Class III railroad that is owned by Georgia, acting by and through the State Properties Commission. (Appl. 3, 5.) According to CSXT, it and its predecessors have been the only railroads operating the Line since 1890. (Id. at 4.) CSXT states that it provides overhead and local service over the Line, that the Norfolk Southern Railway Company (NSR) intersects with the Line in Chattanooga, Tenn., and Dalton, Ga.,1 and that CSXT interchanges traffic in Elizabeth, Ga., with the Georgia Northeastern Railroad Company, Inc. (GNRR). (Id.) CSXT states that the current lease expires on December 31, 2019, and that the new lease for the Line is for an additional 50 years. (Id. at 14, 17.) CSXT further states that it will retain responsibility for dispatching, track maintenance, capital improvements, and serving shippers under the Lease. (Id. at 14.) Discontinuances/Abandonments. CSXT states that it does not anticipate discontinuing service over or abandoning the Line or any portion of the Line. (Appl. 18.) However, CSXT has agreed to seek authority to abandon two of its lines that are not part of the Line to allow Georgia to expand its Silver Comet recreational trail, which is a material condition of the Lease. (Appl. 18, citing id. at Ex. 2, Lease, section 11.03.) On October 15, 2018, CSXT filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments to abandon the 2.32mile line between milepost S.G. 579.29 and milepost S.G. 581.61 in Cobb County, Ga. in Docket No. AB 55 (Sub1 CSXT does not indicate whether it interchanges traffic with NSR at these locations. E:\FR\FM\21NON1.SGM 21NON1

Agencies

Surface Transportation Board

[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Notices]
[Pages 58806-58807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25413]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36245]


Paul Didelius--Continuance in Control Exemption--KET, LLC

    Paul Didelius (Didelius), an individual and noncarrier,\1\ has 
filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of KET, LLC (KET), upon KET's becoming a Class III 
rail carrier.
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    \1\ Didelius currently owns 100% of LRY, LLC d/b/a Lake Railway 
(LRY), a Class III carrier that leases and operates rail lines owned 
by Union Pacific Railroad Company and Lake County, Or., in 
California and Oregon; 49% of YCR Corporation (YCR), a Class III 
rail carrier established for the purpose of leasing and operating a 
line of railroad owned by Yakima County, Wash.; 100% of CCET, LLC 
(CCET), a Class III short line rail carrier organized for the 
purpose of leasing and operating a rail line owned by Norfolk 
Southern Railway Company in Ohio; 100% of WRL, LLC (WRL), a Class 
III carrier that leases and operates a rail line owned by Port of 
Royal Slope, a Washington state municipal corporation, in 
Washington; and 100% of CWW, LLC (CWW), a Class III carrier that 
leases and operates a line of railroad owned by the Port of 
Columbia, Wash.
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    This transaction is related to a concurrently filed verified notice 
of exemption in KET, LLC--Operation Exemption--Lines of Railroad in 
Benton County, Wash., Docket No. FD 36244, in which KET seeks Board 
approval under 49 CFR 1150.31 to operate two industrial spurs totaling 
approximately 1.28 miles in length in Kennewick and Hedges, Benton 
County, Wash.
    The transaction may be consummated on or after December 5, 2018, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).
    Didelius represents that: (1) The rail properties that will be 
operated and controlled by Didelius, namely LRY, YCR, CCET, WRL, CWW, 
and KET, do not physically connect; (2) there are no plans to acquire 
additional rail lines for the purpose of making a connection; and (3) 
each of the carriers involved in the continuance in control transaction 
is a Class III 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 verified notice contains false or misleading information, 
the exemption

[[Page 58807]]

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 November 28, 2018 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36245, 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 James H.M. Savage, 22 Rockingham Court, 
Germantown, MD 20874.
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: November 16, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-25413 Filed 11-20-18; 8:45 am]
BILLING CODE 4915-01-P

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