Eric Temple-Continuance in Control-Central Washington Railroad Company, Columbia Basin Railroad Company, Inc., Portland Vancouver Junction Railroad, LLC, and Columbia Shipyards Railroad LLC, 12526-12527 [2022-04633]

Download as PDF 12526 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s internet website (http://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–C2– 2022–005 and should be submitted on or before March 25, 2022. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.19 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2022–04562 Filed 3–3–22; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #17363 and #17364; Kentucky Disaster Number KY–00092] Presidential Declaration of a Major Disaster for Public Assistance Only for the Commonwealth of Kentucky U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the Commonwealth of Kentucky (FEMA–4643–DR), dated 02/27/2022. Incident: Severe Storms, Straight-line Winds, Tornadoes, Flooding, Landslides, and Mudslides. Incident Period: 12/31/2021 through 01/02/2022. DATES: Issued on 02/27/2022. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: 19 17 Eric Temple (Applicant) has filed a verified notice of exemption under 49 CFR 200.30–3(a)(12). VerDate Sep<11>2014 17:05 Mar 03, 2022 CFR 1180.2(d)(2) to continue in control of Columbia Shipyards Railroad LLC, a non-carrier controlled by Applicant, upon CSBP’s becoming a Class III rail carrier. This transaction is related to a verified notice of exemption filed concurrently in Columbia Shipyards Railroad—Change in Operator Exemption—Portland Vancouver Junction Railroad, Clark County, Wash., Docket No. FD 36582, in which CSBP seeks to acquire from its corporate affiliate, Portland Vancouver Junction Railroad, LLC (PVJR), the rights and obligations to perform common carrier switching service over approximately three miles of tracks owned by the Columbia Business Center, a noncarrier.1 The transaction may be consummated on or after March 20, 2022, the effective date of the exemption (30 days after the verified notice was filed). According to the notice, Applicant is a non-carrier who controls three Class III railroads: Central Washington Railroad Company (CWA), Columbia Basin Railroad Company, Inc. (CBRW), and PVJR, which all operate in Washington.2 The continuance in control exemption would allow Applicant to control CSBP, which will Percent provide switching services for Columbia Business Center in place of PVJR, once For Physical Damage: CSBP becomes a carrier. Non-Profit Organizations with Applicant represents that: (1) CSBP Credit Available Elsewhere ... 1.875 will not connect with any other railroad Non-Profit Organizations within Applicant’s corporate family; (2) the out Credit Available Elsewhere ..................................... 1.875 transaction is not part of a series of For Economic Injury: anticipated transactions that would Non-Profit Organizations withconnect CSBP with any railroad in the out Credit Available ElseApplicant’s corporate family; and (3) the where ..................................... 1.875 transaction does not involve a Class I rail carrier. Therefore, the proposed The number assigned to this disaster transaction is exempt from the prior for physical damage is 17363 B and for approval requirements of 49 U.S.C. economic injury is 17364 0. 11323. See 49 CFR 1180.2(d)(2). (Catalog of Federal Domestic Assistance Under 49 U.S.C. 10502(g), the Board Number 59008) may not use its exemption authority to Barbara Carson, relieve a rail carrier of its statutory Acting Associate Administrator for Disaster obligation to protect the interests of its Assistance. employees. However, 49 U.S.C. 11326(c) [FR Doc. 2022–04596 Filed 3–3–22; 8:45 am] does not provide for labor protection for BILLING CODE 8026–03–P transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Because this transaction SURFACE TRANSPORTATION BOARD involves Class III rail carriers only, the Board, under the statute, may not [Docket No. FD 36583] impose labor protective conditions for this transaction.3 Eric Temple—Continuance in Control—Central Washington Railroad 1 Applicant states that PVJR also operates over a Company, Columbia Basin Railroad 33-mile line owned by Clark County, Washington. Company, Inc., Portland Vancouver 2 According to the verified notice, Applicant Junction Railroad, LLC, and Columbia owns 45% of CWA’s stock, 50% of CBRW’s stock, Shipyards Railroad LLC and 100% of PVJR’s stock. Physical Loan Application Deadline Date: 04/28/2022. Economic Injury (EIDL) Loan Application Deadline Date: 11/28/2022. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 02/27/2022, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Boyd, Breathitt, Carter, Christian, Clay, Floyd, Green, Johnson, Knott, Lawrence, Owsley, Pike, Taylor. The Interest Rates are: Jkt 256001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 3 Applicant states that CSBP nonetheless intends to offer employment to all of the PVJR employees who currently operate within the business park. E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices 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 be filed no later than March 11, 2022 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36583, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on Applicant’s representative, Richard H. Streeter, Law Office of Richard H. Streeter, 5255 Partridge Lane NW, Washington, DC 20016. According to Applicant, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: February 28, 2022. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2022–04633 Filed 3–3–22; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36582] lotter on DSK11XQN23PROD with NOTICES1 Columbia Shipyards Railroad LLC— Change in Operator Exemption— Portland Vancouver Junction Railroad, LLC, Clark County, Wash. Columbia Shipyards Railroad LLC (CSBP), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to permit CSBP to acquire from its corporate affiliate, Portland Vancouver Junction Railroad, LLC (PVJR),1 a Class III rail carrier, the rights and obligations to perform common carrier switching service over approximately three miles of tracks owned by the Columbia Business Center, a non-carrier. The tracks, which include no mileposts, are located within a business park in Clark County, Wash., and interconnect with the lines of BNSF Railway Company. According to the verified notice, Columbia Business Center, pursuant to 1 The verified notice was initially submitted as a request for an operation exemption. On February 24, 2022, CSBP filed a supplement clarifying that the transaction involves a change in operators. Accordingly, the docket has been recaptioned as a change in operator exemption. VerDate Sep<11>2014 17:05 Mar 03, 2022 Jkt 256001 an agreement signed by its agent, FC Services, LLC (FC Services), also a noncarrier, entered into an agreement with PVJR to provide switching services as a common carrier in 2017.2 PVJR also operates over a 33-mile line owned by Clark County, Wash. PVJR’s owner subsequently concluded that the establishment of a new corporation would be in the best interests of the corporate family as it would draw a distinction between the generalized freight rail operations conducted by PVJR and the common carrier railroad switching services it performed on behalf of Columbia Business Center. This transaction is related to a concurrently filed verified notice of exemption in Eric Temple— Continuance in Control—Central Washington Railroad, Columbia Basin Railroad, Portland Vancouver Junction Railroad, and Columbia Shipyards Railroad, Docket No. FD 36583, in which Eric Temple seeks to continue in control of CSBP upon CSBP’s becoming a Class III rail carrier. CSBP certifies that the transaction involves no provision or agreement that would limit future interchange with a third-party connecting carrier. CSBP also certifies that its projected annual revenues as a result of this transaction will not result in its becoming a Class II or Class I rail carrier and that its projected annual revenues will not exceed $5 million. Under 49 CFR 1150.32(b), a change in operator requires that notice be given to shippers. By supplement filed February 24, 2022, CSBP certifies that notice of the change in operator was served on all shippers affected by this transaction.3 The transaction may be consummated on or after March 26, 2022, the effective date of the exemption (30 days after the verified notice was filed).4 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 be filed no later than March 18, 2022 (at 2 See Portland Vancouver Junction R.R.— Operation Exemption—Rail Lines of Columbia Bus. Ctr., Clark Cnty., Wash., FD 36134 (STB served July 28, 2017). 3 By letter filed February 21, 2022, CSBP also submitted a letter from FC Services, stating that it consents to the transfer of operations from PVJR to CSBP. 4 CSBP’s supplement, indicating that it was seeking a change in operator exemption and that all shippers had been notified, was filed on February 24, 2022, which therefore is deemed the filing date of the verified notice. PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 12527 least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36582, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on CSBP’s representative, Richard H. Streeter, Law Office of Richard H. Streeter, 5255 Partridge Lane NW, Washington, DC 20016. According to CSBP, this action is categorically 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: February 28, 2022. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2022–04632 Filed 3–3–22; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2022–0004] Equivalent Protective Arrangements for Railroad Employees Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Notice of proposed guidance. AGENCY: FRA proposes guidance for its grantees on protective arrangements that are required to protect employees impacted by certain projects financed by the Federal Government. FRA intends its final guidance (FRA Guidance) on this topic to inform its grantees on how to comply with statutory requirements for these protections in the performance of their grants. DATES: Written comments on this proposed guidance must be received on or before April 18, 2022. Comments received after that date will be considered to the extent possible without incurring additional expense or delay. ADDRESSES: You may submit comments, identified by the docket number FRA– 2022–0004 by using the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and docket number for this guidance. All comments received will be posted SUMMARY: E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12526-12527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04633]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36583]


Eric Temple--Continuance in Control--Central Washington Railroad 
Company, Columbia Basin Railroad Company, Inc., Portland Vancouver 
Junction Railroad, LLC, and Columbia Shipyards Railroad LLC

    Eric Temple (Applicant) has filed a verified notice of exemption 
under 49 CFR 1180.2(d)(2) to continue in control of Columbia Shipyards 
Railroad LLC, a non-carrier controlled by Applicant, upon CSBP's 
becoming a Class III rail carrier.
    This transaction is related to a verified notice of exemption filed 
concurrently in Columbia Shipyards Railroad--Change in Operator 
Exemption--Portland Vancouver Junction Railroad, Clark County, Wash., 
Docket No. FD 36582, in which CSBP seeks to acquire from its corporate 
affiliate, Portland Vancouver Junction Railroad, LLC (PVJR), the rights 
and obligations to perform common carrier switching service over 
approximately three miles of tracks owned by the Columbia Business 
Center, a non-carrier.\1\
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    \1\ Applicant states that PVJR also operates over a 33-mile line 
owned by Clark County, Washington.
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    The transaction may be consummated on or after March 20, 2022, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    According to the notice, Applicant is a non-carrier who controls 
three Class III railroads: Central Washington Railroad Company (CWA), 
Columbia Basin Railroad Company, Inc. (CBRW), and PVJR, which all 
operate in Washington.\2\ The continuance in control exemption would 
allow Applicant to control CSBP, which will provide switching services 
for Columbia Business Center in place of PVJR, once CSBP becomes a 
carrier.
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    \2\ According to the verified notice, Applicant owns 45% of 
CWA's stock, 50% of CBRW's stock, and 100% of PVJR's stock.
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    Applicant represents that: (1) CSBP will not connect with any other 
railroad in Applicant's corporate family; (2) the transaction is not 
part of a series of anticipated transactions that would connect CSBP 
with any railroad in the Applicant's corporate family; and (3) the 
transaction does not involve a Class I rail carrier. Therefore, the 
proposed 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. 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. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.\3\
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    \3\ Applicant states that CSBP nonetheless intends to offer 
employment to all of the PVJR employees who currently operate within 
the business park.

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[[Page 12527]]

    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 be filed no later than March 11, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36583, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on 
Applicant's representative, Richard H. Streeter, Law Office of Richard 
H. Streeter, 5255 Partridge Lane NW, Washington, DC 20016.
    According to Applicant, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

     Decided: February 28, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2022-04633 Filed 3-3-22; 8:45 am]
BILLING CODE 4915-01-P