Paul Didelius, CWW LLC, and KET LLC-Intra-Corporate Family Transaction Exemption-CWW LLC and KET LLC, 88852-88853 [2024-26019]

Download as PDF 88852 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices The notice of the President’s major disaster declaration for Private Non-Profit organizations in the State of Tennessee, dated October 9, 2024, is hereby amended to include the following areas as adversely affected by the disaster. Primary Counties: Hancock, Sevier. All other information in the original declaration remains unchanged. SUPPLEMENTARY INFORMATION: (Catalog of Federal Domestic Assistance Number 59008) Alejandro Contreras, Acting Deputy Associate Administrator, Office of Disaster Recovery & Resilience. phone at 1–800–659–2955 for further assistance. The following areas have been determined to be adversely affected by the disaster: Primary Area (Physical Damage and Economic Injury Loans): Cheyenne River Sioux Tribe. Contiguous Counties (Economic Injury Loans Only): South Dakota: Corson, Dewey, Haakon, Meade, Pennington, Perkins, Potter, Stanley, Sully, Walworth, Ziebach. The Interest Rates are: [FR Doc. 2024–25973 Filed 11–7–24; 8:45 am] Percent BILLING CODE 8026–09–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #20613 and #20614; CHEYENNE RIVER SIOUX TRIBE Disaster Number SD–20004] Presidential Declaration of a Major Disaster for the Cheyenne River Sioux Tribe U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a Notice of the Presidential declaration of a major disaster for the Cheyenne River Sioux Tribe (FEMA–4842–DR), dated November 1, 2024. Incident: Severe Storm, Straight-line Winds, and Flooding. DATES: Issued on November 1, 2024. Incident Period: July 13, 2024 through July 14, 2024. Physical Loan Application Deadline Date: December 31, 2024. Economic Injury (EIDL) Loan Application Deadline Date: August 1, 2025. SUMMARY: Visit the MySBA Loan Portal at https://lending.sba.gov to apply for a disaster assistance loan. FOR FURTHER INFORMATION CONTACT: Vanessa Morgan, Office of Disaster Recovery & Resilience, 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 November 1, 2024, applications for disaster loans may be submitted online using the MySBA Loan Portal https:// lending.sba.gov or other locally announced locations. Please contact the SBA disaster assistance customer service center by email at disastercustomerservice@sba.gov or by ddrumheller on DSK120RN23PROD with NOTICES1 ADDRESSES: VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 For Physical Damage: Homeowners with Credit Available Elsewhere ...................... Homeowners without Credit Available Elsewhere .............. Businesses with Credit Available Elsewhere ...................... Businesses without Credit Available Elsewhere .............. Non-Profit Organizations with Credit Available Elsewhere ... Non-Profit Organizations without Credit Available Elsewhere ..................................... For Economic Injury: Business and Small Agricultural Cooperatives without Credit Available Elsewhere .............. Non-Profit Organizations without Credit Available Elsewhere ..................................... 5.375 2.688 8.000 4.000 3.250 3.250 4.000 3.250 The number assigned to this disaster for physical damage is 20613B and for economic injury is 206140. (Catalog of Federal Domestic Assistance Number 59008) Alejandro Contreras, Acting Deputy Associate Administrator, Office of Disaster Recovery & Resilience. [FR Doc. 2024–26029 Filed 11–7–24; 8:45 am] BILLING CODE 8026–09–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36816] Paul Didelius, CWW LLC, and KET LLC—Intra-Corporate Family Transaction Exemption—CWW LLC and KET LLC Paul Didelius (Didelius), CWW LLC (CWW), and KET LLC (KET) (collectively, Applicants), have filed a verified notice of exemption for an intra-corporate family transaction under 49 CFR 1180.2(d)(3). CWW and KET, both Class III rail carriers, are controlled by Didelius, a noncarrier individual, PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 along with other Class III rail carriers.1 The verified notice seeks authority for an intra-corporate family transaction pursuant to which CWW and KET will merge, with CWW the surviving carrier. Applicants state that the proposed merger of CWW and KET will promote efficiencies within the Didelius corporate family of short line railroads by reducing duplicative corporate and administrative functions and related overhead costs. According to the verified notice, CWW and KET are proposed to be merged under an ‘‘Articles of Merger’’ that is not yet finalized.2 Applicants state that the Articles of Merger that will govern the proposed transaction do not include an interchange commitment under 49 CFR 1180.4(g). The verified notice states that the proposed transaction will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3). Unless stayed, the exemption will be effective on November 23, 2024 (30 days after the verified notice was filed). The verified notice states that CWW and KET intend to consummate the proposed transaction on or after the effective date of the exemption. 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. Accordingly, the Board may not impose labor protective conditions here because all the carriers involved are Class III rail carriers. 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 November 15, 2024 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36816, must be filed with the 1 Paul Didelius—Continuance in Control Exemption—Rainier Rail LLC, FD 36659 et al. (STB served May 1, 2023). 2 A draft copy of the Articles of Merger was included with the verified notice. E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices Surface Transportation Board via efiling on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Applicants’ representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606– 3208. According to Applicants, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and historic reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: November 5, 2024. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2024–26019 Filed 11–7–24; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36777] ddrumheller on DSK120RN23PROD with NOTICES1 First Coast Railroad Inc.—Lease and Operation Exemption—CSX Transportation, Inc. First Coast Railroad Inc. (FCRD), a Class III railroad, has filed a verified notice of exemption pursuant to 49 CFR 1150.41 to enter into an amendment to extend the term of, and to make other minor changes to, a lease with CSX Transportation, Inc. (CSXT), for a line of railroad extending from Yulee, Fla., at milepost S 611.95, to the end of track at Seals, Ga., milepost S 593.4, on the Kingsland Subdivision; and from Yulee, milepost SMA 35.1, to the end of track at Fernandina, Fla., milepost SMA 48.38, on the Fernandina Subdivision, a distance of approximately 31.83 miles (the Line). According to the verified notice, FCRD entered into an agreement to lease from CSXT and operate the Line in 2005. First Coast R.R.—Lease & Operation Exemption—CSX Transp., Inc., FD 34670 (STB served Apr. 25, 2005). FCRD and CSXT have now agreed to amend the agreement, extending it through April 30, 2029. According to the verified notice, FCRD is currently operating the Line and will continue to do so after the lease amendment becomes effective. FCRD certifies that the amended lease does not include an interchange commitment. FCRD certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 and that its annual revenues currently exceed $5,000,000. Pursuant to 49 CFR 1150.42(e), if a carrier’s projected annual revenues will exceed $5 million, it must, at least 60 days before the exemption becomes 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. However, FCRD has requested waiver of the 60-day advance labor notice requirement. FCRD’s waiver request will be addressed in a separate decision. The Board will establish the effective date of the exemption in its separate decision on the waiver request. 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 November 15, 2024. All pleadings, referring to Docket No. FD 36777, 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, one copy of each pleading must be served on FCRD’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103. According to FCRD, 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: November 5, 2024. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2024–26070 Filed 11–7–24; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36778] East Tennessee Railway, L.P.—Lease and Operation Exemption—CSX Transportation, Inc. East Tennessee Railway, L.P. (ETRY), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR PO 00000 Frm 00157 Fmt 4703 Sfmt 9990 88853 1150.41 to amend its lease with CSX Transportation, Inc. (CSXT) for a 4.05mile rail line that extends from milepost ZJ 0.05 to milepost ZJ 4.10 near Johnson City, Tenn., and two short spurs, known as Johnson City Lead and Carnegie Spur, in Washington County, Tenn. (the Line). ETRY states that it first received authority to lease and operate the Line in 2003,1 and it is currently the operator of the Line. According to ETRY, the amended lease will extend the term of the current lease an additional six years, through September 30, 2030, as well as make other minor changes. ETRY certifies that its projected annual revenues as a result of the proposed transaction will not result in ETRY’s becoming a Class I or Class II rail carrier and will not exceed $5 million. ETRY also certifies that the amended lease does not include an interchange commitment. The transaction may be consummated on or after November 24, 2024, the effective date of the exemption (30 days after the verified notice of exemption 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 by November 15, 2024 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36778, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on ETRY’s representative, Justin J. Marks, Clark Hill PLC, 1001 Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004. According to ETRY, 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 5, 2024. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2024–26052 Filed 11–7–24; 8:45 am] BILLING CODE 4915–01–P 1 See East Tenn. Ry.—Lease & Operation Exemption—CSX Transp., Inc., FD 34404 (STB served Sept. 26, 2003). E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88852-88853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26019]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36816]


Paul Didelius, CWW LLC, and KET LLC--Intra-Corporate Family 
Transaction Exemption--CWW LLC and KET LLC

    Paul Didelius (Didelius), CWW LLC (CWW), and KET LLC (KET) 
(collectively, Applicants), have filed a verified notice of exemption 
for an intra-corporate family transaction under 49 CFR 1180.2(d)(3). 
CWW and KET, both Class III rail carriers, are controlled by Didelius, 
a noncarrier individual, along with other Class III rail carriers.\1\ 
The verified notice seeks authority for an intra-corporate family 
transaction pursuant to which CWW and KET will merge, with CWW the 
surviving carrier.
---------------------------------------------------------------------------

    \1\ Paul Didelius--Continuance in Control Exemption--Rainier 
Rail LLC, FD 36659 et al. (STB served May 1, 2023).
---------------------------------------------------------------------------

    Applicants state that the proposed merger of CWW and KET will 
promote efficiencies within the Didelius corporate family of short line 
railroads by reducing duplicative corporate and administrative 
functions and related overhead costs. According to the verified notice, 
CWW and KET are proposed to be merged under an ``Articles of Merger'' 
that is not yet finalized.\2\
---------------------------------------------------------------------------

    \2\ A draft copy of the Articles of Merger was included with the 
verified notice.
---------------------------------------------------------------------------

    Applicants state that the Articles of Merger that will govern the 
proposed transaction do not include an interchange commitment under 49 
CFR 1180.4(g).
    The verified notice states that the proposed transaction will not 
result in adverse changes in service levels, significant operational 
changes, or a change in the competitive balance with carriers outside 
the corporate family. Therefore, the transaction is exempt from the 
prior approval requirements of 49 U.S.C. 11323. See 49 CFR 
1180.2(d)(3).
    Unless stayed, the exemption will be effective on November 23, 2024 
(30 days after the verified notice was filed). The verified notice 
states that CWW and KET intend to consummate the proposed transaction 
on or after the effective date of the exemption.
    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. Accordingly, 
the Board may not impose labor protective conditions here because all 
the carriers involved are Class III rail carriers.
    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 November 15, 
2024 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36816, must be filed with 
the

[[Page 88853]]

Surface Transportation Board via e-filing on the Board's website or in 
writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, one copy of each pleading must be served on Applicants' 
representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to Applicants, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and historic reporting 
under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: November 5, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2024-26019 Filed 11-7-24; 8:45 am]
BILLING CODE 4915-01-P
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