Kanawha River Railroad, LLC-Lease Renewal and Operation Exemption With Interchange Commitment-Norfolk Southern Railway Company, 398-399 [2022-28576]

Download as PDF 398 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. * * * * * 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: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 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). E:\FR\FM\04JAN1.SGM 04JAN1 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 Frm 00062 Fmt 4703 Sfmt 9990 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 E:\FR\FM\04JAN1.SGM 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.
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    \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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    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\
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    \2\ KRR submitted a copy of the lease with the interchange 
commitment under seal. See 49 CFR 1150.43(h)(1).
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    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
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