Peninsula Corridor Joint Powers Board-Acquisition Exemption-San Mateo County Transit District, 45727-45728 [2024-11325]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 101 / Thursday, May 23, 2024 / Notices individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB. DATES: The Department will accept comments from the public up to July 22, 2024. ADDRESSES: You may submit comments by any of the following methods: • Web: Persons with access to the internet may comment on this notice by going to www.Regulations.gov. You can search for the document by entering ‘‘Docket Number: DOS–2024–0019’’ in the Search field. Then click the ‘‘Comment Now’’ button and complete the comment form. • Email: rudisileme@state.gov. • Regular Mail: Send written comments to: Director, Occupational Health and Wellness, Bureau of Medical Services, 2401 E Street NW, SA–1, Room H–228, Washington, DC 20522– 0101. You must include the DS form number (if applicable), information collection title, and the OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Dr. Michael Rudisile, Director of Occupational Health and Wellness, who may be reached at 202–663–2642 or rudisileme@state.gov. SUPPLEMENTARY INFORMATION: • Title of Information Collection: PreEmployment Medical and Driver Evaluation Forms. • OMB Control Number: 1405–XXXX. • Type of Request: New Collection. • Originating Office: Bureau of Medical Services, Office of Occupational Health and Wellness. • Form Number: DS–6571, DS–6572, DS–6573, DS–6574, DS–6575, DS–6576, DS–6577. • Respondents: Prospective locally employed staff employees and prospective/current employees who require a driver certificate to operate a government owned vehicle overseas. • Estimated Number of Respondents: 13,000. • Estimated Number of Responses: 13,000. • Average Time per Response: 2.66 hours. • Total Estimated Burden Time: 34,550. • Frequency: Once, every two years, or every four years depending on occupation requirements. • Obligation to Respond: Voluntary. We are soliciting public comments to permit the Department to: VerDate Sep<11>2014 18:47 May 22, 2024 Jkt 262001 • 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 This collection is necessary for the Department’s Bureau of Medical Services to evaluate medical eligibility for employment regarding operating a government owned vehicle, and for gathering supplemental pertinent medical information regarding identified conditions that could pose a safety risk to employees and others. This collection consists of the following forms: the medical evaluation for locally employed staff non-drivers (DS–6571); a tuberculosis risk assessment (DS–6573); a driver medical evaluation for locally employed staff (DS–6572); a driver medical evaluation for U.S. Direct Hire (DS–6576); and supplemental health questionnaires. The supplemental health questionnaires are utilized for vision related (DS–6577), seizure related (DS–6574), and diabetes related diagnoses (DS–6575). These questionnaires and concurrent medical evaluations are required to make informed assessments on ability to complete required employment-related tasks; implementation of this collection is pursuant to 5 CFR 930.108, 339.301, and the Foreign Service Act of 1980, as amended, 22 U.S.C. 4084, 3901, and 3984. Methodology The respondent will download the forms from a Department website. The respondent will complete and submit PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 45727 the forms to the local Health Unit and schedule an evaluation. Geoffrey L. Jones, Deputy Chief Medical Officer for Clinical Programs, Bureau of Medical Services, Department of State. [FR Doc. 2024–11280 Filed 5–22–24; 8:45 am] BILLING CODE 4710–36–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36756] Peninsula Corridor Joint Powers Board—Acquisition Exemption—San Mateo County Transit District On February 21, 2024, the Peninsula Corridor Joint Powers Board (JPB) 1 filed a petition under 49 U.S.C. 10502 for exemption from the prior approval requirements of 49 U.S.C. 11323–24 to allow JPB to acquire all the rights, title, and interest of SamTrans in a line of railroad and related right-of-way currently owned by SamTrans as tenantin-common with JPB (the Transaction). The petition is unopposed. The Board will grant JPB’s petition for exemption, subject to standard labor protective conditions. Background In 1991, JPB acquired a full ownership interest in the 51.3 miles of rail line known as the Peninsula Corridor from the Southern Pacific Transportation Company (SP), with the exception of an undivided one-half tenant-in-common interest for the portion of the rail line from milepost 5.2 to milepost 29.7 in the County of San Mateo, Cal. (the Line), which was acquired by SamTrans. Peninsula Corridor Joint Powers Bd.—Acquis. Exemption—S. Pac. Transp. Co., FD 31980 (ICC served Jan. 17, 1992). SamTrans is the managing agency responsible for the management and operations of passenger rail services along the Line. (Pet. 3.) According to JPB, the Transaction will give JPB a 100% interest in the Line, including any track, right-of-way, and related properties. (Id.) JPB explains that rail operations on the Line and the rights and obligations of the owners and the freight and passenger operators are governed by three key agreements. (Id.) The first is the 1991 Purchase and Sale Agreement JBP entered into with SP for the 1 JPB is an agency created by the State of California and is comprised of member agencies San Mateo County Transit District (SamTrans), the Santa Clara Valley Transportation Authority, and the City and County of San Francisco. (See Pet. 1, 2 n.2.) E:\FR\FM\23MYN1.SGM 23MYN1 45728 Federal Register / Vol. 89, No. 101 / Thursday, May 23, 2024 / Notices lotter on DSK11XQN23PROD with NOTICES1 Peninsula Corridor, which includes the Line. (Pet. 3; see also id., Ex. B.) The second is the 1991 Real Property Ownership Agreement, as amended in 2008 (RPOA), which establishes ownership rights with respect to the Line and various other properties along the Peninsula Corridor among JPB and its member agencies. (Pet. 3; see also id., Exs. C, C–1.) Pursuant to Sections 4.1 and 7.8 of the RPOA, SamTrans is to transfer its tenant-in-common interest in the Line to JPB upon the fulfillment of certain financial conditions. (Pet. 3.) The third is the 1996 Joint Powers Agreement between JPB and its member agencies, which delegates management and operations of the Line to SamTrans. (Id. at 3–4; see also id., Ex. D.) With the conditions established in the RPOA and its amendment satisfied, pursuant to a memorandum of understanding dated August 5, 2022, JPB will now acquire all ownership interest in the Line, with SamTrans remaining the managing agency for the management and operations of the Line. (Pet. 4; see also id., Ex. E.) Discussion and Conclusions Under 49 U.S.C. 11323(a)(3), the acquisition of control of a rail carrier by any number of rail carriers requires prior Board approval. Under 49 U.S.C. 10502(a), however, the Board shall, to the maximum extent consistent with 49 U.S.C. subtitle IV, part A, exempt a transaction or service from regulation when it finds that: (1) regulation is not necessary to carry out the rail transportation policy of 49 U.S.C. 10101 (RTP); and (2) either (a) the transaction or service is limited in scope, or (b) regulation is not needed to protect shippers from the abuse of market power. In this case, an exemption from the prior approval requirements of 49 U.S.C. 11323–24 is consistent with the standards of 49 U.S.C. 10502. Detailed scrutiny of the proposed transaction through an application for review and approval under 49 U.S.C. 11323–24 is not necessary here to carry out the RTP. Consolidating ownership of the Line in JPB will ensure that JPB will be able to further govern the Line as consistent with the agreements reached when JPB purchased the Line from SP. The Transaction will not have any operational impacts on passenger or common carrier service, as SamTrans will remain the managing agency overseeing the operation of passenger rail service, and no freight or commuter rail common carrier interests will be affected by the transfer of SamTrans’ ownership interest to JPB. An exemption would promote the RTP by: VerDate Sep<11>2014 18:47 May 22, 2024 Jkt 262001 minimizing the need for federal regulatory control over the transaction (49 U.S.C. 10101(2)), ensuring the development and continuation of a sound rail transportation system that would continue to meet the needs of the public (49 U.S.C. 10101(4)), fostering sound economic conditions in transportation (49 U.S.C. 10101(5)), encouraging efficient management (49 U.S.C. 10101(9)), and providing for the expeditious resolution of this proceeding (49 U.S.C. 10101(15)). Other aspects of the RTP would not be adversely affected. Regulation of this transaction is not needed to protect shippers from an abuse of market power.2 This acquisition involves no more than transferring the ownership interests of one current tenant-in-common to the other, thus consolidating ownership of the Line in the latter. According to JPB, no change in operations will occur, no interests of the freight railroads’ operation on the corridor will be impacted, and no shippers will be adversely affected by the Transaction. Nothing in the record indicates that the Transaction would result in any shipper losing access to rail service or foreclose any transportation options currently available to shippers. Moreover, no shipper (or any other entity) has objected to the Transaction. Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a carrier of its statutory obligation to protect the interests of employees. Accordingly, as a condition to granting this exemption, the Board will impose the standard employee protective conditions in New York Dock Railway—Control—Brooklyn Eastern District Terminal, 360 I.C.C 60, aff’d New York Dock Railway v. United States, 609 F.2d 83 (2d Cir. 1979). The control transaction is exempt from environmental reporting requirements under 49 CFR 1105.6(c)(1)(i) because it will not result in any significant change in carrier operations. Similarly, the transaction is exempt from the historic reporting requirements under 49 CFR 1105.8(b)(1), as JPB states it has no plans to dispose of or alter properties subject to Board jurisdiction that are 50 years old or older. The exemption will be effective June 19, 2024, and petitions to stay will be due by May 30, 2024. Petitions for reconsideration or petitions to reopen will be due by June 10, 2024. It is ordered: 2 Given this finding, the Board need not determine whether the transaction is limited in scope. See 49 U.S.C. 10502(a). PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 1. Under 49 U.S.C. 10502, the Board exempts from the prior approval requirements of 49 U.S.C. 11323–25 the control transaction described above, subject to the employee protective conditions in New York Dock Railway— Control—Brooklyn Eastern District Terminal, 360 I.C.C 60, aff’d New York Dock Railway v. United States, 609 F.2d 83 (2d Cir. 1979). 2. Notice of the exemption will be published in the Federal Register. 3. The exemption will become effective on June 19, 2024. Petitions for stay must be filed by May 30, 2024. Petitions for reconsideration or petitions to reopen must be filed by June 10, 2024. Decided: May 18, 2024. By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz. Eden Besera, Clearance Clerk. [FR Doc. 2024–11325 Filed 5–22–24; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36775] CG Railway, LLC—Operation Exemption—Rail Ferry Service CG Railway, LLC (CGR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 for after-the-fact authority to operate a rail ferry service between the Port of Mobile, Ala., and the U.S. maritime boundary line in the Gulf of Mexico.1 According to the verified notice, CGR provides a rail ferry service between the Port of Mobile and the Port of Coatzacoalcos, Veracruz in Mexico. CGR states that it began its rail ferry service in 2001 out of the Port of Mobile after receiving Board authorization for the lease and operation of certain tracks from the Terminal Railway Alabama State Docks (TASD) in Mobile, Ala.,2 and that CGR’s rail operations in Mobile are currently conducted pursuant to an exemption received in 2007 to lease from TASD and operate 0.583 miles of rail line.3 CGR states, however, that 1 By decision served April 4, 2024, in another proceeding, the Board directed CGR to indicate whether it had ever received Board authority to operate the rail car ferry service and, if not, to seek after-the-fact authority or explain why it believed authorization is not needed. GMéxico Transportes, S.A.B. de C.V.—Acquis. of Control Exemption—CG Ry., FD 36701, slip op. at 5 (STB served Apr. 4, 2024). 2 See Cent. Gulf Ry.—Lease & Operation Exemption—Terminal Ry. Ala. State Docks, FD 33891 (STB served July 6, 2000). 3 See CG Ry.—Lease & Operation Exemption— Terminal Ry. Ala. State Docks, FD 35009 (STB served Apr. 12, 2007). As described in the verified E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45727-45728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11325]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36756]


Peninsula Corridor Joint Powers Board--Acquisition Exemption--San 
Mateo County Transit District

    On February 21, 2024, the Peninsula Corridor Joint Powers Board 
(JPB) \1\ filed a petition under 49 U.S.C. 10502 for exemption from the 
prior approval requirements of 49 U.S.C. 11323-24 to allow JPB to 
acquire all the rights, title, and interest of SamTrans in a line of 
railroad and related right-of-way currently owned by SamTrans as 
tenant-in-common with JPB (the Transaction). The petition is unopposed. 
The Board will grant JPB's petition for exemption, subject to standard 
labor protective conditions.
---------------------------------------------------------------------------

    \1\ JPB is an agency created by the State of California and is 
comprised of member agencies San Mateo County Transit District 
(SamTrans), the Santa Clara Valley Transportation Authority, and the 
City and County of San Francisco. (See Pet. 1, 2 n.2.)
---------------------------------------------------------------------------

Background

    In 1991, JPB acquired a full ownership interest in the 51.3 miles 
of rail line known as the Peninsula Corridor from the Southern Pacific 
Transportation Company (SP), with the exception of an undivided one-
half tenant-in-common interest for the portion of the rail line from 
milepost 5.2 to milepost 29.7 in the County of San Mateo, Cal. (the 
Line), which was acquired by SamTrans. Peninsula Corridor Joint Powers 
Bd.--Acquis. Exemption--S. Pac. Transp. Co., FD 31980 (ICC served Jan. 
17, 1992). SamTrans is the managing agency responsible for the 
management and operations of passenger rail services along the Line. 
(Pet. 3.) According to JPB, the Transaction will give JPB a 100% 
interest in the Line, including any track, right-of-way, and related 
properties. (Id.)
    JPB explains that rail operations on the Line and the rights and 
obligations of the owners and the freight and passenger operators are 
governed by three key agreements. (Id.) The first is the 1991 Purchase 
and Sale Agreement JBP entered into with SP for the

[[Page 45728]]

Peninsula Corridor, which includes the Line. (Pet. 3; see also id., Ex. 
B.) The second is the 1991 Real Property Ownership Agreement, as 
amended in 2008 (RPOA), which establishes ownership rights with respect 
to the Line and various other properties along the Peninsula Corridor 
among JPB and its member agencies. (Pet. 3; see also id., Exs. C, C-1.) 
Pursuant to Sections 4.1 and 7.8 of the RPOA, SamTrans is to transfer 
its tenant-in-common interest in the Line to JPB upon the fulfillment 
of certain financial conditions. (Pet. 3.) The third is the 1996 Joint 
Powers Agreement between JPB and its member agencies, which delegates 
management and operations of the Line to SamTrans. (Id. at 3-4; see 
also id., Ex. D.)
    With the conditions established in the RPOA and its amendment 
satisfied, pursuant to a memorandum of understanding dated August 5, 
2022, JPB will now acquire all ownership interest in the Line, with 
SamTrans remaining the managing agency for the management and 
operations of the Line. (Pet. 4; see also id., Ex. E.)

Discussion and Conclusions

    Under 49 U.S.C. 11323(a)(3), the acquisition of control of a rail 
carrier by any number of rail carriers requires prior Board approval. 
Under 49 U.S.C. 10502(a), however, the Board shall, to the maximum 
extent consistent with 49 U.S.C. subtitle IV, part A, exempt a 
transaction or service from regulation when it finds that: (1) 
regulation is not necessary to carry out the rail transportation policy 
of 49 U.S.C. 10101 (RTP); and (2) either (a) the transaction or service 
is limited in scope, or (b) regulation is not needed to protect 
shippers from the abuse of market power.
    In this case, an exemption from the prior approval requirements of 
49 U.S.C. 11323-24 is consistent with the standards of 49 U.S.C. 10502. 
Detailed scrutiny of the proposed transaction through an application 
for review and approval under 49 U.S.C. 11323-24 is not necessary here 
to carry out the RTP. Consolidating ownership of the Line in JPB will 
ensure that JPB will be able to further govern the Line as consistent 
with the agreements reached when JPB purchased the Line from SP. The 
Transaction will not have any operational impacts on passenger or 
common carrier service, as SamTrans will remain the managing agency 
overseeing the operation of passenger rail service, and no freight or 
commuter rail common carrier interests will be affected by the transfer 
of SamTrans' ownership interest to JPB. An exemption would promote the 
RTP by: minimizing the need for federal regulatory control over the 
transaction (49 U.S.C. 10101(2)), ensuring the development and 
continuation of a sound rail transportation system that would continue 
to meet the needs of the public (49 U.S.C. 10101(4)), fostering sound 
economic conditions in transportation (49 U.S.C. 10101(5)), encouraging 
efficient management (49 U.S.C. 10101(9)), and providing for the 
expeditious resolution of this proceeding (49 U.S.C. 10101(15)). Other 
aspects of the RTP would not be adversely affected.
    Regulation of this transaction is not needed to protect shippers 
from an abuse of market power.\2\ This acquisition involves no more 
than transferring the ownership interests of one current tenant-in-
common to the other, thus consolidating ownership of the Line in the 
latter. According to JPB, no change in operations will occur, no 
interests of the freight railroads' operation on the corridor will be 
impacted, and no shippers will be adversely affected by the 
Transaction. Nothing in the record indicates that the Transaction would 
result in any shipper losing access to rail service or foreclose any 
transportation options currently available to shippers. Moreover, no 
shipper (or any other entity) has objected to the Transaction.
---------------------------------------------------------------------------

    \2\ Given this finding, the Board need not determine whether the 
transaction is limited in scope. See 49 U.S.C. 10502(a).
---------------------------------------------------------------------------

    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a carrier of its statutory obligation to protect 
the interests of employees. Accordingly, as a condition to granting 
this exemption, the Board will impose the standard employee protective 
conditions in New York Dock Railway--Control--Brooklyn Eastern District 
Terminal, 360 I.C.C 60, aff'd New York Dock Railway v. United States, 
609 F.2d 83 (2d Cir. 1979).
    The control transaction is exempt from environmental reporting 
requirements under 49 CFR 1105.6(c)(1)(i) because it will not result in 
any significant change in carrier operations. Similarly, the 
transaction is exempt from the historic reporting requirements under 49 
CFR 1105.8(b)(1), as JPB states it has no plans to dispose of or alter 
properties subject to Board jurisdiction that are 50 years old or 
older.
    The exemption will be effective June 19, 2024, and petitions to 
stay will be due by May 30, 2024. Petitions for reconsideration or 
petitions to reopen will be due by June 10, 2024.
    It is ordered:
    1. Under 49 U.S.C. 10502, the Board exempts from the prior approval 
requirements of 49 U.S.C. 11323-25 the control transaction described 
above, subject to the employee protective conditions in New York Dock 
Railway--Control--Brooklyn Eastern District Terminal, 360 I.C.C 60, 
aff'd New York Dock Railway v. United States, 609 F.2d 83 (2d Cir. 
1979).
    2. Notice of the exemption will be published in the Federal 
Register.
    3. The exemption will become effective on June 19, 2024. Petitions 
for stay must be filed by May 30, 2024. Petitions for reconsideration 
or petitions to reopen must be filed by June 10, 2024.

    Decided: May 18, 2024.

    By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz.
Eden Besera,
Clearance Clerk.
[FR Doc. 2024-11325 Filed 5-22-24; 8:45 am]
BILLING CODE 4915-01-P
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