Kanawha River Railroad, LLC-Lease Renewal and Operation Exemption With Interchange Commitment-Norfolk Southern Railway Company, 398-399 [2022-28576]
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Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Notices
parties. OGLs eliminate the need for the
Department to individually review and
approve certain lower-risk transactions
involving certain recipients. DDTC
believes the OGL program will provide
unprecedented flexibility for the U.S.
defense industry and U.S. allies to
operate consistent with the ITAR and
will enhance their ability to maintain,
repair, and store defense articles.
Under ITAR § 123.1(c), DDTC may
require pertinent documentation
regarding the proposed transaction and
proper completion of the application
form, including information about the
quantity and value of the defense article
proposed for export and information on
the proposed end-user, end-use, and
ultimate destination. Under ITAR
§ 123.9(c), persons who seek approval
from DDTC to reexport or retransfer
defense articles are required to submit a
description, quantity, and value of the
defense article and a description and
identification of the new end-user, enduse, and destination. Under ITAR
§ 120.15(e) any person engaging in any
reexport or retransfer of a defense article
pursuant to an exemption must
maintain records of each such transfer
including the following information: A
description of the defense article,
including technical data, or defense
service; the name and address of the
end-user and other available contact
information (e.g., telephone number and
email address); the name of the natural
person responsible for the transaction;
the stated end-use of the defense article
or defense service; the date of the
transaction; and the method of
transmission.
DDTC seeks to ensure that persons
who rely on any current or future OGLs
to conduct reexports and retransfers
abroad retain the same records as would
be required if their transactions were
authorized by either a specific license or
an exemption. Accordingly, DDTC has
restated the record-keeping
requirements articulated in ITAR
§ 120.15(e) in the OGLs themselves.
khammond on DSKJM1Z7X2PROD with NOTICES
Methodology
Respondents will submit information
as attachments to relevant license
applications or requests for other
approval. Applicants are referred to
ITAR § 123.9 for guidance on what
information to submit regarding the
request to change end-user, end-use
and/or destination of hardware. This
information may be submitted
electronically via a DS–6004, Reexport/
Retransfer Application, through DDTC’s
case management system, the Defense
Export Control and Compliance System
(DECCS).
VerDate Sep<11>2014
16:55 Jan 03, 2023
Jkt 259001
Separately, as described in ITAR
§ 120.15(e) and under the OGL pilot
program and as described in each OGL,
respondents will be required to retain
certain information in their own records
for a period of five years from the date
of the reexport or retransfer.
Authority: 44 U.S.C. 3507.
*
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2000, and Delegation of Authority No.
523 of December 22, 2021.
Stacy E. White,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2022–28558 Filed 1–3–23; 8:45 am]
BILLING CODE 4710–05–P
Catherine E. Hamilton,
Director of Licensing, PM/DDTC, Department
of State.
[FR Doc. 2022–28561 Filed 1–3–23; 8:45 am]
SURFACE TRANSPORTATION BOARD
BILLING CODE 4710–25–P
[Docket No. FD 36028 (Sub-No. 1)]
DEPARTMENT OF STATE
[Public Notice: 11958]
Notice of Determinations; Culturally
Significant Objects Being Imported for
Exhibition and Storage—
Determinations: ‘‘After SFX’’
Performances Presented Alongside
‘‘Lawrence Abu Hamdan: Walled
Unwalled and Other Monologues’’
Exhibition
Notice is hereby given of the
following determinations: I hereby
determine that certain objects being
imported from abroad pursuant to
agreements with their foreign owners or
custodians for temporary storage and
display in performances of ‘‘After SFX’’
presented alongside the exhibition
‘‘Lawrence Abu Hamdan: Walled
Unwalled and Other Monologues’’ at
The Museum of Modern Art, New York,
New York, and at possible additional
exhibitions or venues yet to be
determined, are of cultural significance,
and, further, that their temporary
exhibition or display and storage within
the United States as aforementioned is
in the national interest. I have ordered
that Public Notice of these
determinations be published in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Elliot Chiu, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State, L/
PD, 2200 C Street NW, (SA–5), Suite
5H03, Washington, DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), E.O. 12047 of
March 27, 1978, the Foreign Affairs
Reform and Restructuring Act of 1998
(112 Stat. 2681, et seq.; 22 U.S.C. 6501
note, et seq.), Delegation of Authority
No. 234 of October 1, 1999, Delegation
of Authority No. 236–3 of August 28,
SUMMARY:
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Kanawha River Railroad, LLC—Lease
Renewal and Operation Exemption
With Interchange Commitment—
Norfolk Southern Railway Company
Kanawha River Railroad, L.L.C.
(KRR), a Class III rail carrier, has filed
a verified notice of exemption under 49
CFR 1150.41 to amend its lease with
Norfolk Southern Railway Company
(NSR) of, and continue to operate, nine
rail line segments totaling 309.45 miles
in West Virginia and Ohio.1 These line
segments extend between (1) milepost V
381.8 at Maben, W. Va., and milepost V
435.0 at DB (Deepwater Bridge), W. Va.;
(2) milepost RR 7.0 at Refugee, Ohio,
and milepost RR 116.5 at Hobson Yard,
Ohio; (3) milepost WV 125.6 at Conco,
Ohio, and milepost WV 253.4 at
Cornelia, W. Va.; (4) milepost 0.0 VC at
Vaco Junction, W. Va., and milepost
0.84 VC at Deepwater, W. Va.; (5) Hitop
RT at milepost TP 0.0 at Charleston, W.
Va., and the end of the track at milepost
TP 1.0; (6) Jones IT at milepost JT 0.0
at Jones, W. Va., and the end of the track
at milepost JT 1.3; (7) milepost VG 0.0
at Virwest, W. Va., and milepost VG
12.5 at Bolt, W. Va.; (8) milepost MY 0.0
at Milam, W. Va., and the end of the
track at milepost MY 1.01; and (9)
milepost PE 0.0 at Putt, W. Va., and
1 According to KRR, it mistakenly understated the
total mileage by 0.6 miles and misidentified the
mileposts on segments (1) and (7) in its verified
notice leading to the exemption in Kanawha River
Railroad—Lease Exemption Containing Interchange
Commitment—Norfolk Southern Railway, FD 36028
(STB served July 15, 2016), corrected FD 36028
(STB served Aug. 1, 2016), clarified FD 36028 (STB
served Aug. 5, 2016). KRR now identifies the total
mileage as 309.45 miles, not 308.85 miles; the
correct Maben milepost in segment (1) to be V
381.8, not V 382; and the correct Bolt milepost in
segment (7) to be VG 12.5, not VG 12.1. KRR verifies
that no shipper is affected by these corrections
because it has operated consistent with the correct
mileposts as identified in the lease agreement. KRR
will receive authority to operate on the previously
unidentified portions of line if the exemption in
this notice becomes effective. See Dall., Garland &
Ne. R.R.—Lease & Operation Exemption Including
Interchange Commitment—Union Pac. R.R., FD
36545, slip op. at 3 (STB served Dec. 2, 2021).
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Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Notices
milepost PE 2.3 at Putt End Branch, W.
Va.
According to the verified notice, KRR
has leased and operated the lines since
2016. See Kanawha River R.R.—Lease
Exemption Containing Interchange
Commitment—Norfolk S. Ry., FD 36028
(STB served July 15, 2016), corrected FD
36028 (STB served Aug. 1, 2016),
clarified FD 36028 (STB served Aug. 5,
2016). KRR will continue leasing and
operating the lines under its amended
lease agreement.
KRR certifies that its projected
revenues resulting from this transaction
will not result in the creation of a Class
II or Class I rail carrier but that its
current annual revenue does exceed $5
million. Pursuant to 40 CFR 1150.42(e),
if a carrier’s projected annual revenues
will exceed $5 million, it must, at least
60 days before the exemption is to
become effective, post a notice of its
intent to undertake the proposed
transaction at the workplace of the
employees on the affected lines, serve a
copy of the notice on the national
offices of the labor unions with
employees on the affected lines, and
certify to the Board that it has done so.
KRR, however, has petitioned for waiver
of the 60-day advance labor notice.
KRR’s waiver request will be addressed
in a separate decision in which the
Board will also establish the effective
date of the exemption.
KRR further certifies that its amended
lease agreement with NSR will include
an interchange commitment provision
regarding interchange with third-party
carriers. KRR verifies that the provision
was present in the original lease filed in
Kanawha River Railroad, FD 36028, and
remains in effect. KRR has provided
additional information regarding the
interchange commitment, as required by
49 CFR 1150.43(h).2
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
khammond on DSKJM1Z7X2PROD with NOTICES
2 KRR submitted a copy of the lease with the
interchange commitment under seal. See 49 CFR
1150.43(h)(1).
VerDate Sep<11>2014
16:55 Jan 03, 2023
Jkt 259001
the exemption. Petitions for stay must
be filed no later than January 11, 2023.
All pleadings, referring to Docket No.
FD 36028 (Sub-No. 1), 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 KRR’s representative,
Bradon J. Smith, Fletcher & Sippel LLC,
29 North Wacker Drive, Suite 800,
Chicago, IL 60606–3208.
According to KRR, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: December 28, 2022.
By the Board,
Mai T. Dinh,
Director, Office of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2022–28576 Filed 1–3–23; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Action
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons whose property
and interests in property has/have been
unblocked and removed from the List of
Specially Designated Nationals and
Blocked Persons List (SDN List). Their
property and interests in property are no
longer blocked, and U.S. persons are no
longer generally prohibited from
engaging in transactions with them.
DATES: See SUPPLEMENTARY INFORMATION
section for applicable dates(s).
FOR FURTHER INFORMATION CONTACT:
OFAC: Andrea Gacki, Director, tel.:
202–622–2480; Associate Director for
SUMMARY:
PO 00000
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399
Global Targeting, tel: 202–622–2420;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel.: 202–622–4855;
or Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
The SDN List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (www.treasury.gov/ofac).
Notice of OFAC Action
On December 28, 2022, OFAC
determined that the following persons,
who had been designated pursuant to
Executive Order 13315 of August 28,
2003, ‘‘Blocking Property of the Former
Iraqi Regime, Its Senior Officials and
Their Family Members, and Taking
Certain Other Actions,’’ as amended by
Executive Order 13350 of July 29, 2004,
‘‘Termination of Emergency Declared in
Executive Order 12722 With Respect to
Iraq and Modification of Executive
Order 13290, Executive Order 13303,
and Executive Order 13315,’’ should be
removed from the SDN List, and that the
property and interests in property
subject to U.S. jurisdiction of the
following persons are unblocked, and
lawful transactions involving U.S.
persons are no longer prohibited.
Individual
1. AL–DULAIMI, Khalaf (a.k.a. AL–
DULAYMI, Khalaf M.M.); DOB 25 Jan 1932;
Passport #H0044232 (Iraq) (individual)
[IRAQ2].
Entity
1. MIDCO FINANCE S.A. (a.k.a. MIDCO
FINANCIAL S.A.; a.k.a. MONTANA
MANAGEMENT INC.), 57 Rue du Rhone,
Geneva CH–1204, Switzerland; Panama; US
FEIN CH–660–0–469–982–0 (United States);
Switzerland [IRAQ2].
Dated: December 28, 2022.
Andrea M. Gacki,
Director, Office of Foreign Assets Control,
U.S. Department of the Treasury.
[FR Doc. 2022–28554 Filed 1–3–23; 8:45 am]
BILLING CODE 4810–AL–P
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04JAN1
Agencies
[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Notices]
[Pages 398-399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28576]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36028 (Sub-No. 1)]
Kanawha River Railroad, LLC--Lease Renewal and Operation
Exemption With Interchange Commitment--Norfolk Southern Railway Company
Kanawha River Railroad, L.L.C. (KRR), a Class III rail carrier, has
filed a verified notice of exemption under 49 CFR 1150.41 to amend its
lease with Norfolk Southern Railway Company (NSR) of, and continue to
operate, nine rail line segments totaling 309.45 miles in West Virginia
and Ohio.\1\ These line segments extend between (1) milepost V 381.8 at
Maben, W. Va., and milepost V 435.0 at DB (Deepwater Bridge), W. Va.;
(2) milepost RR 7.0 at Refugee, Ohio, and milepost RR 116.5 at Hobson
Yard, Ohio; (3) milepost WV 125.6 at Conco, Ohio, and milepost WV 253.4
at Cornelia, W. Va.; (4) milepost 0.0 VC at Vaco Junction, W. Va., and
milepost 0.84 VC at Deepwater, W. Va.; (5) Hitop RT at milepost TP 0.0
at Charleston, W. Va., and the end of the track at milepost TP 1.0; (6)
Jones IT at milepost JT 0.0 at Jones, W. Va., and the end of the track
at milepost JT 1.3; (7) milepost VG 0.0 at Virwest, W. Va., and
milepost VG 12.5 at Bolt, W. Va.; (8) milepost MY 0.0 at Milam, W. Va.,
and the end of the track at milepost MY 1.01; and (9) milepost PE 0.0
at Putt, W. Va., and
[[Page 399]]
milepost PE 2.3 at Putt End Branch, W. Va.
---------------------------------------------------------------------------
\1\ According to KRR, it mistakenly understated the total
mileage by 0.6 miles and misidentified the mileposts on segments (1)
and (7) in its verified notice leading to the exemption in Kanawha
River Railroad--Lease Exemption Containing Interchange Commitment--
Norfolk Southern Railway, FD 36028 (STB served July 15, 2016),
corrected FD 36028 (STB served Aug. 1, 2016), clarified FD 36028
(STB served Aug. 5, 2016). KRR now identifies the total mileage as
309.45 miles, not 308.85 miles; the correct Maben milepost in
segment (1) to be V 381.8, not V 382; and the correct Bolt milepost
in segment (7) to be VG 12.5, not VG 12.1. KRR verifies that no
shipper is affected by these corrections because it has operated
consistent with the correct mileposts as identified in the lease
agreement. KRR will receive authority to operate on the previously
unidentified portions of line if the exemption in this notice
becomes effective. See Dall., Garland & Ne. R.R.--Lease & Operation
Exemption Including Interchange Commitment--Union Pac. R.R., FD
36545, slip op. at 3 (STB served Dec. 2, 2021).
---------------------------------------------------------------------------
According to the verified notice, KRR has leased and operated the
lines since 2016. See Kanawha River R.R.--Lease Exemption Containing
Interchange Commitment--Norfolk S. Ry., FD 36028 (STB served July 15,
2016), corrected FD 36028 (STB served Aug. 1, 2016), clarified FD 36028
(STB served Aug. 5, 2016). KRR will continue leasing and operating the
lines under its amended lease agreement.
KRR certifies that its projected revenues resulting from this
transaction will not result in the creation of a Class II or Class I
rail carrier but that its current annual revenue does exceed $5
million. Pursuant to 40 CFR 1150.42(e), if a carrier's projected annual
revenues will exceed $5 million, it must, at least 60 days before the
exemption is to become effective, post a notice of its intent to
undertake the proposed transaction at the workplace of the employees on
the affected lines, serve a copy of the notice on the national offices
of the labor unions with employees on the affected lines, and certify
to the Board that it has done so. KRR, however, has petitioned for
waiver of the 60-day advance labor notice. KRR's waiver request will be
addressed in a separate decision in which the Board will also establish
the effective date of the exemption.
KRR further certifies that its amended lease agreement with NSR
will include an interchange commitment provision regarding interchange
with third-party carriers. KRR verifies that the provision was present
in the original lease filed in Kanawha River Railroad, FD 36028, and
remains in effect. KRR has provided additional information regarding
the interchange commitment, as required by 49 CFR 1150.43(h).\2\
---------------------------------------------------------------------------
\2\ KRR submitted a copy of the lease with the interchange
commitment under seal. See 49 CFR 1150.43(h)(1).
---------------------------------------------------------------------------
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 January 11,
2023.
All pleadings, referring to Docket No. FD 36028 (Sub-No. 1), 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 KRR's representative, Bradon J. Smith, Fletcher & Sippel LLC,
29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to KRR, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at www.stb.gov.
Decided: December 28, 2022.
By the Board,
Mai T. Dinh,
Director, Office of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2022-28576 Filed 1-3-23; 8:45 am]
BILLING CODE 4915-01-P