R. J. Corman Railroad Group, LLC and R. J. Corman Railroad Company, LLC-Continuance in Control Exemption-Raleigh and Fayetteville Railroad, LLC, 73578-73579 [2022-26068]

Download as PDF 73578 Federal Register / Vol. 87, No. 229 / Wednesday, November 30, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 • Obligation to Respond: Mandatory. 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 export, temporary import, and brokering of defense articles, defense services, and related technical data are licensed by the Directorate of Defense Trade Controls (DDTC) in accordance with the International Traffic in Arms Regulations (‘‘ITAR,’’ 22 CFR parts 120 through 130) and section 38 of the Arms Export Control Act. ITAR section126.18 eliminates, subject to certain conditions, the requirement for an approval by DDTC of the transfer of unclassified defense articles, which includes technical data, to or within a foreign business entity, foreign governmental entity, or international organization that is an authorized end-user or consignee (including transfers to approved sublicensees) for defense articles, including the transfer to dual nationals or thirdcountry nationals who are bona fide regular employees directly employed by the foreign consignee or end-user. To use ITAR section126.18, effective procedures must be in place to prevent diversion to any destination, entity, or for purposes other than those authorized by the applicable export license or other authorization. Those conditions can be met by requiring a security clearance approved by the host nation government for its employees, or by the end-user or consignee having in place a process to screen all its employees and to have executed a Non-Disclosure Agreement that provides assurances that the employee will not transfer any defense articles to persons or entities unless specifically authorized by the consignee or end-user. ITAR section126.18(c)(2) VerDate Sep<11>2014 16:58 Nov 29, 2022 Jkt 259001 also provides that the technology security/clearance plans and screening records shall be made available to DDTC or its agents for law enforcement purposes upon request. Methodology When information kept on file pursuant to this recordkeeping requirement is required to be sent to the Directorate of Defense Trade Controls, it may be sent electronically or by mail according to guidance given by DDTC. Kevin E Bryant, Deputy Director, Office of Directives Management, Department of State. [FR Doc. 2022–26102 Filed 11–29–22; 8:45 am] BILLING CODE 4710–25–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36646] R. J. Corman Railroad Group, LLC and R. J. Corman Railroad Company, LLC—Continuance in Control Exemption—Raleigh and Fayetteville Railroad, LLC R. J. Corman Railroad Group, LLC (RJCG), and R. J. Corman Railroad Company, LLC (RJCRC), noncarrier holding companies (collectively, Applicants), filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of the Raleigh and Fayetteville Railroad, LLC (RFCC), upon RFCC’s becoming a Class III rail carrier. This notice of exemption is related to a concurrently filed notice of exemption in Raleigh & Fayetteville Railroad— Acquisition, Lease & Operation Exemption with Interchange Commitment—Norfolk Southern Railway, Docket No. FD 36645, in which RFCC seeks to acquire approximately 42.38 miles of rail line from Norfolk Southern Railway Company (NSR), lease approximately 19.88 miles of rail line from NSR, assume NSR’s trackage rights over 0.59 miles of rail line owned by CSX Transportation, Inc., totaling approximately 62.85 miles, and to operate those lines, which form a contiguous rail line between Raleigh and Fayetteville in Wake, Harnett, and Cumberland Counties, N.C. (the Line). The transaction may be consummated on or after December 14, 2022, the effective date of the exemption (30 days after the verified notice was filed). According to the verified notice, Applicants control two non-operating Class III rail carriers, R. J. Corman Railroad Property, LLC, and R. J. Corman Railroad Company/Ashland, LLC, and 17 other operating Class III rail carriers, collectively operating in 13 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 states (collectively, RJC Railroads). For a complete list of these rail carriers and the states in which they operate, see the November 14, 2022 verified notice of exemption at pages 2–3 for a list of carriers and pages 5–6 for a list of states. The verified notice is available on the Board’s website at www.stb.gov. Applicants certify that: (1) RFCC and RJC Railroads would not connect with each other or any other railroad in the corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect the carriers with each other or any railroad in the 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. 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 to stay must be filed no later than December 7, 2022 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36646, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Applicants’ representative, Catherine S. Wright, Jackson Kelly PLLC, 100 West Main Street, Suite 700, Lexington, KY 40588–2150. According to Applicants, 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: November 23, 2022. E:\FR\FM\30NON1.SGM 30NON1 Federal Register / Vol. 87, No. 229 / Wednesday, November 30, 2022 / Notices By the Board, Mai T. Dinh, Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2022–26068 Filed 11–29–22; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36645] lotter on DSK11XQN23PROD with NOTICES1 Raleigh and Fayetteville Railroad, LLC—Acquisition, Lease and Operation Exemption With Interchange Commitment—Norfolk Southern Railway Company Raleigh and Fayetteville Railroad, LLC (RFCC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to: (1) acquire approximately 42.38 miles of rail line from Norfolk Southern Railway Company (NSR), (2) lease approximately 19.88 miles of rail line from NSR, and (3) assume NSR’s trackage rights over 0.59 miles of a rail line owned by CSX Transportation, Inc. (CSXT), totaling approximately 62.85 miles, and to operate over those lines, which form a contiguous line between Raleigh and Fayetteville in Wake, Harnett, and Cumberland Counties, N.C. (the Line). According to the verified notice, RFCC and R.J. Corman Railroad Group, LLC (RJCG),1 entered into an agreement with NSR, under which RFCC will acquire and operate approximately 42.38 miles of rail line, from the convergence of the NS-Line and VF-Line at approximately milepost VF 0.13 at Fuquay-Varina to milepost VF 42.29 at Fayetteville, and, also in Fayetteville, from milepost VF 42.88 to milepost VF 43.1. As part of that agreement, RFCC will also assume NSR’s trackage rights over, and operate over, the CSXT line in Fayetteville between milepost VF 42.29 to milepost VF 42.88. RFCC and RJCG will also obtain operating rights over NSR’s rail line at milepost NS 233.25 to milepost NS 231.0 solely for the purpose of interchanging traffic with NSR at NSR’s Glenwood Yard at Raleigh. RFCC has also entered into a lease agreement with NSR, pursuant to which RFCC will lease and operate approximately 19.75 miles of rail line from the southern boundary of the North Carolina Railroad right of way at milepost NS 233.25 at Raleigh to milepost NS 253.0 at Fuquay-Varina, and 0.13 miles of rail line from the junction of NSR’s NS-Line in Fuquay1 According to the verified notice, RFCC is wholly owned by noncarrier holding company R.J. Corman Railroad Company, LLC (RJCRC), and RJCRC is wholly owned by noncarrier RJCG. VerDate Sep<11>2014 16:58 Nov 29, 2022 Jkt 259001 Varina at milepost VF 0.0 to the beginning of RFCC’s line at milepost VF 0.13. This transaction is related to a verified notice of exemption filed concurrently in R.J. Corman Railroad— Continuance in Control Exemption— Raleigh & Fayetteville Railroad, Docket No. FD 36646, in which RJCG and RJCRC (collectively, Applicants) filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of RFCC upon RFCC’s becoming a Class III rail carrier. RFCC certifies that its projected annual revenues from this transaction will not result in its becoming a Class I or Class II rail carrier and will not exceed $5 million. RFCC also certifies that the agreements with NSR contain a provision that would limit future interchange with third-party connecting carriers at Raleigh and Fayetteville. RJCC has provided additional information regarding the interchange commitment, as required by 49 CFR 1150.43(h).2 The transaction may be consummated on or after December 14, 2022, the effective date of the exemption (30 days after the verified notice was filed). 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 December 7, 2022 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36645, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on RFCC’s representative, Catherine S. Wright, Jackson Kelly PLLC, 100 West Main Street, Suite 700, Lexington, KY 40588–2150. According to RFCC, 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: November 23, 2022. 2 RFCC filed a copy of the agreements under seal with the verified notice. See 49 CFR 1150.43(h)(1). PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 73579 By the Board, Mai T. Dinh, Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2022–26067 Filed 11–29–22; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Commercial Space Transportation Advisory Committee; Notice of Public Meeting Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of virtual public meeting. AGENCY: This notice announces a meeting of the Commercial Space Transportation Advisory Committee (COMSTAC). SUMMARY: The meeting will take place on December 15, 2022, from 12:30 p.m. to 4 p.m. ADDRESSES: Instructions on how to virtually attend the meeting, copies of meeting minutes, and a detailed agenda will be posted on the COMSTAC website at: https://www.faa.gov/space/ additional_information/comstac/. FOR FURTHER INFORMATION CONTACT: James Hatt, Designated Federal Officer, U.S. Department of Transportation, at james.a.hatt@faa.gov. Any committeerelated request should be sent to the person listed in this section. SUPPLEMENTARY INFORMATION: DATES: I. Background The Commercial Space Transportation Advisory Committee was created under the Federal Advisory Committee Act (FACA) in accordance with Public Law 92–463. Since its inception, industry-led COMSTAC has provided information, advice, and recommendations to the U.S. Department of Transportation through FAA regarding technology, business, and policy issues relevant to oversight of the U.S. commercial space transportation sector. II. Proposed Agenda DOT/FAA Welcome Remarks AST Update to COMSTAC Discussion and report out on tasksings: Human Space Flight Safety Framework Report Development Science, Technology, Engineering, and Mathematics (STEM) New Tasks Public Comments Adjournment E:\FR\FM\30NON1.SGM 30NON1

Agencies

Surface Transportation Board

[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Notices]
[Pages 73578-73579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26068]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36646]


R. J. Corman Railroad Group, LLC and R. J. Corman Railroad 
Company, LLC--Continuance in Control Exemption--Raleigh and 
Fayetteville Railroad, LLC

    R. J. Corman Railroad Group, LLC (RJCG), and R. J. Corman Railroad 
Company, LLC (RJCRC), noncarrier holding companies (collectively, 
Applicants), filed a verified notice of exemption under 49 CFR 
1180.2(d)(2) to continue in control of the Raleigh and Fayetteville 
Railroad, LLC (RFCC), upon RFCC's becoming a Class III rail carrier.
    This notice of exemption is related to a concurrently filed notice 
of exemption in Raleigh & Fayetteville Railroad--Acquisition, Lease & 
Operation Exemption with Interchange Commitment--Norfolk Southern 
Railway, Docket No. FD 36645, in which RFCC seeks to acquire 
approximately 42.38 miles of rail line from Norfolk Southern Railway 
Company (NSR), lease approximately 19.88 miles of rail line from NSR, 
assume NSR's trackage rights over 0.59 miles of rail line owned by CSX 
Transportation, Inc., totaling approximately 62.85 miles, and to 
operate those lines, which form a contiguous rail line between Raleigh 
and Fayetteville in Wake, Harnett, and Cumberland Counties, N.C. (the 
Line).
    The transaction may be consummated on or after December 14, 2022, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    According to the verified notice, Applicants control two non-
operating Class III rail carriers, R. J. Corman Railroad Property, LLC, 
and R. J. Corman Railroad Company/Ashland, LLC, and 17 other operating 
Class III rail carriers, collectively operating in 13 states 
(collectively, RJC Railroads). For a complete list of these rail 
carriers and the states in which they operate, see the November 14, 
2022 verified notice of exemption at pages 2-3 for a list of carriers 
and pages 5-6 for a list of states. The verified notice is available on 
the Board's website at www.stb.gov.
    Applicants certify that: (1) RFCC and RJC Railroads would not 
connect with each other or any other railroad in the corporate family; 
(2) the continuance in control is not part of a series of anticipated 
transactions that would connect the carriers with each other or any 
railroad in the 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.
    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 to stay must be filed no later than December 7, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36646, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
Applicants' representative, Catherine S. Wright, Jackson Kelly PLLC, 
100 West Main Street, Suite 700, Lexington, KY 40588-2150.
    According to Applicants, 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: November 23, 2022.


[[Page 73579]]


    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2022-26068 Filed 11-29-22; 8:45 am]
BILLING CODE 4915-01-P

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