5900 Holdings LLC-Corporate Family Transaction Exemption, 37708-37709 [2019-16440]

Download as PDF 37708 Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Notices of descriptive information on the data page of the passport; (c) the passport holder wishes to obtain a fully valid passport after obtaining a full-fee passport with a limited validity of two years or less. Methodology Passport Services collects information from U.S. citizens and non-citizen nationals when they complete and submit the DS–5504, ‘‘Application for a U.S. Passport: Corrections, Name Change Within 1 Year of Passport Issuance, And Limited Passport Holders.’’ Passport applicants can either download the DS–5504 from the internet or obtain the form from an Acceptance Facility/Passport Agency. The form must be completed, signed, and be submitted by mail (or in person at Passport Agencies domestically or embassies/consulates overseas). Rachel M. Arndt, Deputy Assistant Secretary for Passport Services. [FR Doc. 2019–16396 Filed 7–31–19; 8:45 am] BILLING CODE 4710–06–P DEPARTMENT OF STATE [Public Notice 10841] In the Matter of the Amendment of the Designation of al-Shabaab (and Other Aliases) as a Foreign Terrorist Organization Pursuant to the Immigration and Nationality Act, as Amended AGENCY: This Notice is being published to correct the record. Janet Freer, Director, Office of Directives Management, Bureau of Administration, Department of State. In the Matter of the Amendment of the Designation of al-Shabaab (and other aliases) as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act, as amended. Based upon a review of the Administrative Record assembled pursuant to Section 219 of the Immigration and Nationality Act, as amended (8 U.S.C. §1189) (‘‘INA’’), and in consultation with the Attorney General and the Secretary of the Treasury, I have concluded that there is a sufficient factual basis to find that the following are aliases of al-Shabaab: alHijra, Al Hijra, Muslim Youth Center, MYC, Pumwani Muslim Youth, Pumwani Islamist Muslim Youth Center. Therefore, pursuant to Section 219(b) of the INA, as amended (8 U.S.C. 1189(b)), I hereby amend the designation of al-Shabaab as a foreign terrorist organization to include the following new aliases: al-Hijra, Al Hijra, Muslim Youth Center, MYC, Pumwani Muslim Youth, Pumwani Islamist Muslim Youth Center. This determination shall be published in the Federal Register. Dated July 8, 2018. Michael Pompeo, Secretary of State. [FR Doc. 2019–16448 Filed 7–31–19; 8:45 am] Department of State. BILLING CODE 4710–10–P ACTION: Notice. A Public Notice entitled ‘‘In the Matter of the Amendment of the Designation of al-Shabaab (and other aliases) as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act, as amended’’ was signed by the Secretary of State on July 9, 2018, and published in the Federal Register (https:// www.federalregister.gov/documents/ 2018/07/25/2018-15917/in-the-matterof-the-review-of-the-designation-of-alshabaab-and-other-aliases-as-a-foreign) on July 25, 2018. However, the wrong version of the document was submitted to the Office of the Federal Register and therefore the wrong notice was published as Public Notice 10471. This Notice contains the correct text below, as approved by the Secretary of State, who authorized and directed publication in the Federal Register. jspears on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:14 Jul 31, 2019 Jkt 247001 SURFACE TRANSPORTATION BOARD [Docket No. FD 36318] 5900 Holdings LLC—Corporate Family Transaction Exemption On July 16, 2019, 5900 Holdings LLC (Holdings), a noncarrier, filed a verified notice of exemption under 49 CFR 1180.2(d)(3), which exempts from the prior approval requirements of 49 U.S.C. 11323 ‘‘[t]ransactions within a corporate family that do not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family.’’ 49 CFR 1180.2(d)(3). Holdings states that it is a newly created limited liability company owned by Hainesport Transportation Group, LLC (HTG). HTG is a noncarrier PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 holding company that also owns Hainesport Secondary Railroad, LLC (HSRR), and Hainesport Industrial Railroad, LLC (HIRR).1 Holdings states that HSRR currently owns three contiguous lots of real property in Hainesport, N.J., which are traversed by two rail lines known as the South Line and the East Line (collectively, the Lines). Holdings states that HSRR leases the East Line to HIRR.2 According to Holdings, under the proposed transaction, Holdings would acquire HIRR’s lease of the East Line and enter a new lease with HSRR for the remainder of the Lines; Holdings would subsequently designate HSRR as the operator of the Lines and remain the non-operating lessee with residual common carrier obligations. Holdings states that the transaction will not result in adverse changes in service levels, significant operational changes, or changes in the competitive balance with carriers outside the corporate family. Holdings states that the purpose of the transaction is to obtain new financing. The earliest this transaction may be consummated is August 15, 2019 (30 days after the verified notice of exemption was filed). Holdings states that it expects to consummate the transaction on approximately August 16, 2019. 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. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 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 rail carriers. 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 effectiveness of the exemption. Petitions for stay must 1 In Hainesport Transportation Group, LLC— Corp. Family Transaction Exemption, FD 36184 (STB served May 24, 2018), the owners of HSRR and HIRR filed a verified notice of exemption under 1180.2(d)(3) to trade their ownership interests in HSRR and HIRR for an identical ownership interest in HTG. The Board determined that, because the owners were ‘‘merely inserting HTG, a noncarrier holding company, in the chain of control between them and the railroads they own,’’ the transaction was outside the scope of 11323(a) and did not require the Board’s prior approval. 2 See Hainesport Indus. R.R.—Lease & Operation Exemption—Hainesport Secondary R.R., FD 36185 (STB served July 3, 2018). E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Notices be filed no later than August 8, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36318, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423. In addition, a copy of each pleading must be served on Holdings’ representative, John D. Heffner, Clark Hill, PLC, 1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004. According to Holdings, this action is excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b)(1). Board decisions and notices are available at www.stb.gov. Decided: July 29, 2019. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Raina Contee, Clearance Clerk. [FR Doc. 2019–16440 Filed 7–31–19; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Numbers FRA–2009–0096 and FRA–2012–0056] jspears on DSK3GMQ082PROD with NOTICES Petition for Waiver of Compliance Under part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that on July 12, 2019, New Jersey Transit Rail Operations (NJTR), petitioned the Federal Railroad Administration (FRA) for an extension of its waivers of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 240, Qualification and Certification of Locomotive Engineers, and part 242, Qualification and Certification of Conductors. FRA assigned the petition Docket Numbers FRA–2009–0096 and FRA–2012–0056. The relief is requested as part of NJTR’s continued participation in FRA’s Confidential Close Call Reporting System (C3RS) Program. NJTR implemented C3RS in June 2009 and is a founding member railroad choosing to participate in the Program. NJTR, with the support of its labor union partners, have implemented many corrective actions to improve railroad safety as a result of C3RS. NJTR seeks to shield reporting employees and the railroad from mandatory punitive sanctions that would otherwise arise as provided in 49 VerDate Sep<11>2014 19:14 Jul 31, 2019 Jkt 247001 CFR 240.117(e)(1)–(4); 240.305(a)(l)–(4) and (a)(6); 240.307; 242.403(b), (c), (e)(l)–(4), (e)(6)–(11), (f)(l)–(2), and 242.407. The C3RS Program encourages certified operating crew members to report close calls and protect the employees and the railroad from discipline or sanctions arising from the incidents reported per the C3RS Implementing Memorandum of Understanding. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE, W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested parties desire an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Website: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by September 16, 2019 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 37709 personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https:// www.transportation.gov/privacy. See also https://www.regulations.gov/ privacyNotice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety Chief Safety Officer. [FR Doc. 2019–16379 Filed 7–31–19; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2002–11896] Petition for Waiver of Compliance Under part 211 of Title 49 of the Code of Federal Regulations (CFR), this provides the public notice that on June 5, 2019, Norfolk Southern Railway Company (NS) petitioned the Federal Railroad Administration (FRA) to modify an existing waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 231, Railroad Safety Appliance Standards. FRA assigned the petition Docket Number FRA–2002–11896. Specifically, NS requested that FRA modify the current waiver allowing its Triple Crown Service to operate RoadRailer® trains to increase the permitted train length from 150 units to 165 units per train. The petition contends that the tonnage limitations (5,200 tons maximum, and the further limitation behind lightly loaded RoadRailer® units on various grades) assure draft and buff forces do not exceed 250 kips, regardless of the number of units in the consist. Additionally, NS states the coupling pin and the rest of the unit have a 250-kip design criteria, which makes 165-unit trains safe for current and potential operation. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the Department of Transportation’s Docket Operations Facility, 1200 New Jersey Ave. SE, W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by E:\FR\FM\01AUN1.SGM 01AUN1

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[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37708-37709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16440]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36318]


5900 Holdings LLC--Corporate Family Transaction Exemption

    On July 16, 2019, 5900 Holdings LLC (Holdings), a noncarrier, filed 
a verified notice of exemption under 49 CFR 1180.2(d)(3), which exempts 
from the prior approval requirements of 49 U.S.C. 11323 
``[t]ransactions within a corporate family that do not result in 
adverse changes in service levels, significant operational changes, or 
a change in the competitive balance with carriers outside the corporate 
family.'' 49 CFR 1180.2(d)(3).
    Holdings states that it is a newly created limited liability 
company owned by Hainesport Transportation Group, LLC (HTG). HTG is a 
noncarrier holding company that also owns Hainesport Secondary 
Railroad, LLC (HSRR), and Hainesport Industrial Railroad, LLC 
(HIRR).\1\ Holdings states that HSRR currently owns three contiguous 
lots of real property in Hainesport, N.J., which are traversed by two 
rail lines known as the South Line and the East Line (collectively, the 
Lines). Holdings states that HSRR leases the East Line to HIRR.\2\ 
According to Holdings, under the proposed transaction, Holdings would 
acquire HIRR's lease of the East Line and enter a new lease with HSRR 
for the remainder of the Lines; Holdings would subsequently designate 
HSRR as the operator of the Lines and remain the non-operating lessee 
with residual common carrier obligations.
---------------------------------------------------------------------------

    \1\ In Hainesport Transportation Group, LLC--Corp. Family 
Transaction Exemption, FD 36184 (STB served May 24, 2018), the 
owners of HSRR and HIRR filed a verified notice of exemption under 
1180.2(d)(3) to trade their ownership interests in HSRR and HIRR for 
an identical ownership interest in HTG. The Board determined that, 
because the owners were ``merely inserting HTG, a noncarrier holding 
company, in the chain of control between them and the railroads they 
own,'' the transaction was outside the scope of 11323(a) and did not 
require the Board's prior approval.
    \2\ See Hainesport Indus. R.R.--Lease & Operation Exemption--
Hainesport Secondary R.R., FD 36185 (STB served July 3, 2018).
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    Holdings states that the transaction will not result in adverse 
changes in service levels, significant operational changes, or changes 
in the competitive balance with carriers outside the corporate family.
    Holdings states that the purpose of the transaction is to obtain 
new financing.
    The earliest this transaction may be consummated is August 15, 2019 
(30 days after the verified notice of exemption was filed). Holdings 
states that it expects to consummate the transaction on approximately 
August 16, 2019.
    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. However, 49 U.S.C. 11326(c) 
does not provide for labor protection for transactions under 49 U.S.C. 
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 rail carriers.
    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 effectiveness of the 
exemption. Petitions for stay must

[[Page 37709]]

be filed no later than August 8, 2019 (at least seven days before the 
exemption becomes effective).
    All pleadings, referring to Docket No. FD 36318, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423. In addition, a copy 
of each pleading must be served on Holdings' representative, John D. 
Heffner, Clark Hill, PLC, 1001 Pennsylvania Avenue NW, Suite 1300 
South, Washington, DC 20004.
    According to Holdings, this action is excluded from environmental 
review under 49 CFR 1105.6(c) and from historic preservation reporting 
requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: July 29, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina Contee,
Clearance Clerk.
[FR Doc. 2019-16440 Filed 7-31-19; 8:45 am]
BILLING CODE 4915-01-P