Stefan Soloviev, Executor, Estate of Sheldon H. Solow-Continuance in Control Exemption-Colorado Pacific Rio Grande Railroad, LLC, 7126-7127 [2023-02183]

Download as PDF 7126 Federal Register / Vol. 88, No. 22 / Thursday, February 2, 2023 / Notices (Catalog of Federal Domestic Assistance Number 59008) Rafaela Monchek, Acting Associate Administrator for Disaster Recovery and Resilience. [FR Doc. 2023–02169 Filed 2–1–23; 8:45 am] BILLING CODE 8026–09–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #17767 and #17768; California Disaster Number CA–00368] Presidential Declaration of a Major Disaster for Public Assistance Only for the State of California 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 State of California (FEMA–4683– DR), dated 01/26/2023. Incident: Severe Winter Storms, Flooding, Landslides, and Mudslides. Incident Period: 12/27/2022 and continuing. DATES: Issued on 01/26/2023. Physical Loan Application Deadline Date: 03/27/2023. Economic Injury (EIDL) Loan Application Deadline Date: 10/26/2023. 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 01/26/2023, 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: Merced, Monterey, Sacramento, San Benito, Santa Barbara, Santa Cruz, Tulare, Ventura. The Interest Rates are: khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: Percent For Physical Damage: Non-Profit Organizations with Credit Available Elsewhere ... VerDate Sep<11>2014 18:57 Feb 01, 2023 The earliest this transaction may be consummated is February 16, 2023, the Non-Profit Organizations witheffective date of the exemption (30 days out Credit Available Elseafter the verified notice was filed). where ..................................... 2.375 The Estate will continue in control of For Economic Injury: CP Rio Grande upon CP Rio Grande’s Non-Profit Organizations withbecoming a Class III rail carrier, while out Credit Available Elsewhere ..................................... 2.375 remaining in control of one other Class III carrier, CXR. The number assigned to this disaster The Estate verifies that: (1) the Lines for physical damage is 17767 B and for do not connect with the lines of the one economic injury is 17768 0. other Class III railroad currently controlled by the Estate; (2) this (Catalog of Federal Domestic Assistance continuance in control transaction is not Number 59008) part of a series of anticipated Rafaela Monchek, transactions that would result in such a Acting Associate Administrator for Disaster connection; and (3) the transaction does Recovery and Resilience. not involve a Class I rail carrier. [FR Doc. 2023–02171 Filed 2–1–23; 8:45 am] Therefore, the transaction is exempt BILLING CODE 8026–09–P from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). SURFACE TRANSPORTATION BOARD Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to [Docket No. FD 36662] relieve a rail carrier of its statutory Stefan Soloviev, Executor, Estate of obligation to protect the interests of its Sheldon H. Solow—Continuance in employees. Section 11326(c), however, Control Exemption—Colorado Pacific does not provide for labor protection for Rio Grande Railroad, LLC transactions under §§ 11324 and 11325 that involve only Class III rail carriers. Stefan Soloviev, Executor, Estate of Accordingly, the Board may not impose Sheldon H. Solow (the Estate), a labor protective conditions here because noncarrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to all the carriers involved are Class III carriers. continue in control of the Colorado If the notice contains false or Pacific Rio Grande Railroad, LLC (CP misleading information, the exemption Rio Grande), a noncarrier controlled by is void ab initio. Petitions to revoke the the Estate, upon CP Rio Grande’s exemption under 49 U.S.C. 10502(d) becoming a Class III rail carrier. may be filed at any time. The filing of According to the verified notice, the Estate currently controls 50% of KCVN, a petition to revoke will not automatically stay the effectiveness of LLC, which in turn owns 100% of the Colorado Pacific Railroad, LLC (CXR), a the exemption. Petitions for stay must be filed no later than February 9, 2023 Class III carrier. In December 2022, CP Rio Grande (at least seven days before the filed a verified notice of exemption in exemption becomes effective). Colorado Pacific Rio Grande Railroad, All pleadings, referring to Docket No. LLC—Acquisition & Operation FD 36662, must be filed with the Exemption Containing Interchange Surface Transportation Board either via Commitment—San Luis & Rio Grande e-filing or in writing addressed to 395 E Railroad, Inc., Docket No. FD 36656, for Street SW, Washington, DC 20423. In authority to acquire, in bankruptcy, and addition, a copy of each pleading must operate substantially all of the tracks be served on the Estate’s representative, and other rail assets of the San Luis & Thomas W. Wilcox, Law Office of Rio Grande Railroad, Inc. (SLRG), Thomas W. Wilcox, LLC, 1629 K Street between milepost 299.30 near Derrick, NW, Suite 300, Washington, DC 20006. Colo., and milepost 180.00 near According to the Estate, this action is Walsenberg, Colo., and between excluded from environmental review milepost 251.7 at Alamosa, Colo., and under 49 CFR 1105.6(c) and from milepost 281.78 at Antonito, Colo., a historic preservation reporting total distance of approximately 149.38 requirements under 49 CFR miles (the Lines), and incidental 1105.8(b)(3). trackage rights conveyed to SLRG by Board decisions and notices are Union Pacific Railroad Company in the available at www.stb.gov. vicinity of Walsenburg between Decided: January 27, 2023. milepost 180.00 and milepost 175.00.1 Percent 2.375 Jkt 259001 1 Notice of the exemption was served and published in the Federal Register on January 5, PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 2023 (88 FR 899). The exemption became effective on January 19, 2023. E:\FR\FM\02FEN1.SGM 02FEN1 Federal Register / Vol. 88, No. 22 / Thursday, February 2, 2023 / Notices By the Board, Mai T. Dinh, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2023–02183 Filed 2–1–23; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2010–0029] Amtrak’s Request To Conduct Regression Testing of Its Certified Positive Train Control System Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Notice of availability and request for comments. AGENCY: This document provides the public with notice that on January 6, 2023, the National Railroad Passenger Corporation (Amtrak) submitted a document entitled ‘‘Advanced Civil Speed Enforcement System (ACSES II) Regression Test Waiver Request,’’ to FRA. Amtrak asks FRA to approve its request to conduct regression testing of its FRA-certified ACSES II positive train control (PTC) system on its PTCequipped track. DATES: FRA will consider comments received by April 3, 2023. FRA may consider comments received after that date to the extent practicable and without delaying implementation of valuable or necessary modifications to a PTC system. ADDRESSES: All comments concerning this proceeding should identify the agency name and Docket Number FRA– 2010–0029, and may be submitted on https://www.regulations.gov. Follow the online instructions for submitting comments. For convenience, all active PTC dockets are hyperlinked on FRA’s website at https://railroads.dot.gov/ train-control/ptc/ptc-annual-andquarterly-reports. All comments received will be posted without change to https://www.regulations.gov; this includes any personal information. FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal, Train Control, and Crossings Division, telephone: 816–516–7168, email: Gabe.Neal@dot.gov. SUPPLEMENTARY INFORMATION: On June 6, 2017, FRA certified Amtrak’s ACSES II PTC system under title 49 Code of Federal Regulations (CFR) section 236.1015 and title 49 United States Code (U.S.C.) 20157(h). Pursuant to 49 CFR 236.1035, a railroad must obtain khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:57 Feb 01, 2023 Jkt 259001 FRA’s approval before field testing an uncertified PTC system, or a product of an uncertified PTC system, or any regression testing of a certified PTC system on the general rail system. See 49 CFR 236.1035(a). Please see Amtrak’s test request for the required information, including a complete description of Amtrak’s Concept of Operations and its specific test procedures, including the measures that will be taken to ensure safety during testing. Amtrak’s test request is available for review online at https:// www.regulations.gov (Docket No. FRA– 2010–0029). Interested parties are invited to comment on the test request by submitting written comments or data. During its review of the test request, FRA will consider any comments or data submitted. However, FRA may elect not to respond to any particular comment, and under 49 CFR 236.1035, FRA maintains the authority to approve, approve with conditions, or deny the test request at its sole discretion. Privacy Act Notice In accordance with 49 CFR 211.3, FRA solicits comments from the public to better inform its decisions. DOT posts these comments, without edit, including any personal information the commenter provides, to https:// 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 https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov. To facilitate comment tracking, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. If you wish to provide comments containing proprietary or confidential information, please contact FRA for alternate submission instructions. Issued in Washington, DC. Carolyn R. Hayward-Williams, Director, Office of Railroad Systems and Technology. [FR Doc. 2023–02201 Filed 2–1–23; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 7127 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2022–0004; Notice 1] Notice of Receipt of Petition for Decision That Nonconforming Model Year 2020 Henan Webetter WB–400ST Food Service Trailers Are Eligible for Importation National Highway Traffic Safety Administration, Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: This document announces the National Highway Traffic Safety Administration (NHTSA) receipt of a petition for a decision that model year (MY) 2020 Henan Webetter WB–400ST food service trailers that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS), are eligible for importation into the United States because they are capable of being readily altered to conform to the standards. SUMMARY: The closing date for comments on the petition is March 6, 2023. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this notice and may be submitted by any of the following methods: • Mail: Send comments by mail addressed to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver comments by hand to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except for Federal holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website at https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Comments may also be faxed to (202) 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy DATES: E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Notices]
[Pages 7126-7127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02183]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36662]


Stefan Soloviev, Executor, Estate of Sheldon H. Solow--
Continuance in Control Exemption--Colorado Pacific Rio Grande Railroad, 
LLC

    Stefan Soloviev, Executor, Estate of Sheldon H. Solow (the Estate), 
a noncarrier, has filed a verified notice of exemption under 49 CFR 
1180.2(d)(2) to continue in control of the Colorado Pacific Rio Grande 
Railroad, LLC (CP Rio Grande), a noncarrier controlled by the Estate, 
upon CP Rio Grande's becoming a Class III rail carrier. According to 
the verified notice, the Estate currently controls 50% of KCVN, LLC, 
which in turn owns 100% of the Colorado Pacific Railroad, LLC (CXR), a 
Class III carrier.
    In December 2022, CP Rio Grande filed a verified notice of 
exemption in Colorado Pacific Rio Grande Railroad, LLC--Acquisition & 
Operation Exemption Containing Interchange Commitment--San Luis & Rio 
Grande Railroad, Inc., Docket No. FD 36656, for authority to acquire, 
in bankruptcy, and operate substantially all of the tracks and other 
rail assets of the San Luis & Rio Grande Railroad, Inc. (SLRG), between 
milepost 299.30 near Derrick, Colo., and milepost 180.00 near 
Walsenberg, Colo., and between milepost 251.7 at Alamosa, Colo., and 
milepost 281.78 at Antonito, Colo., a total distance of approximately 
149.38 miles (the Lines), and incidental trackage rights conveyed to 
SLRG by Union Pacific Railroad Company in the vicinity of Walsenburg 
between milepost 180.00 and milepost 175.00.\1\
---------------------------------------------------------------------------

    \1\ Notice of the exemption was served and published in the 
Federal Register on January 5, 2023 (88 FR 899). The exemption 
became effective on January 19, 2023.
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    The earliest this transaction may be consummated is February 16, 
2023, the effective date of the exemption (30 days after the verified 
notice was filed).
    The Estate will continue in control of CP Rio Grande upon CP Rio 
Grande's becoming a Class III rail carrier, while remaining in control 
of one other Class III carrier, CXR.
    The Estate verifies that: (1) the Lines do not connect with the 
lines of the one other Class III railroad currently controlled by the 
Estate; (2) this continuance in control transaction is not part of a 
series of anticipated transactions that would result in such a 
connection; and (3) the transaction does not involve a Class I rail 
carrier. Therefore, the 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. Section 11326(c), however, does 
not provide for labor protection for transactions under Sec. Sec.  
11324 and 11325 that involve only Class III rail carriers. Accordingly, 
the Board may not impose labor protective conditions here because all 
the carriers involved are Class III carriers.
    If the 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 February 9, 2023 (at 
least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36662, 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 the Estate's representative, Thomas 
W. Wilcox, Law Office of Thomas W. Wilcox, LLC, 1629 K Street NW, Suite 
300, Washington, DC 20006.
    According to the Estate, 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)(3).
    Board decisions and notices are available at www.stb.gov.

    Decided: January 27, 2023.


[[Page 7127]]


    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-02183 Filed 2-1-23; 8:45 am]
BILLING CODE 4915-01-P
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