83 FR 28064 - Oregon International Port of Coos Bay and Coos Bay Rail Line, Inc.-Intra-Corporate Family Transaction Exemption

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 116 (June 15, 2018)

Page Range		28064-28065
FR Document		2018-12914

Federal Register, Volume 83 Issue 116 (Friday, June 15, 2018)

[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 28064-28065]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12914]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36199]


Oregon International Port of Coos Bay and Coos Bay Rail Line, 
Inc.--Intra-Corporate Family Transaction Exemption

    Oregon International Port of Coos Bay (the Port), and Coos Bay Rail 
Line, Inc. (Coos Rail) (collectively, the Applicants), have jointly 
filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for an 
intra-corporate family transaction. According to the Applicants, the 
Port is a rail common carrier that owns certain interconnected railroad 
lines in Oregon extending from Eugene to Coquille via Coos Bay, a total 
of roughly 133 route miles.\1\ The

[[Page 28065]]

Applicants state that the lines in question extend from milepost 
652.114 at Danebo, Or., to milepost 763.13 at Cordes, Or., and from 
milepost 761.13 at Cordes to milepost 785.5 at Coquille (collectively, 
the Line).
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    \1\ See Or. Int'l Port of Coos Bay--Acquis. Exemption--Rail Line 
of Union Pac. R.R. in Coos Cty., Or., FD 35385 (STB served Jul. 9, 
2010); Or. Int'l Port of Coos Bay--Feeder Line Application--Coos Bay 
Line of Cent. Ore. & Pac. R.R., FD 35160 (STB served Oct. 31, 2008; 
modified Mar. 12, 2009.)
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    The Line is currently operated by Coos Bay Railroad Operating 
Company, LLC d/b/a Coos Bay Rail Link (CBRL) pursuant to a lease 
agreement with the Port.\2\ The Applicants state that CBRL's parent 
company has advised the Port that it no longer wishes to operate the 
Line, and that the Port has begun to contemplate assuming operations of 
the Line in place of CBRL.\3\ However, the Applicants assert the Port 
does not wish to become an operating common carrier itself, and 
therefore has created Coos Rail as a public benefit corporation under 
the control of the Port for purposes of assuming operations over the 
Line in place of the Port. According to the Applicants, the Port would 
retain ownership of the Line, but common carrier service would be 
provided by Coos Rail, either alone or jointly with CBRL. The 
Applicants state that the proposed transaction will be governed by a 
lease agreement that has yet to be executed, a copy of which was 
submitted with their verified notice of exemption.
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    \2\ See Coos Bay R.R. Operating Co., LLC--Operation Exemption--
Line of R.R. owned by the Or. Int'l Port of Coos Bay, FD 35551 (STB 
served Sep. 14, 2011.)
    \3\ On June 4, 2018, CBRL filed a notice of intent to 
participate, stating that it intends to submit a petition to reject 
the notice on or before June 20, 2018.
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    The Applicants state that the transaction and underlying lease 
agreement do not involve or contain any provision or agreement that may 
limit future interchange with a third-party connecting carrier.
    Unless stayed, the exemption will be effective on June 30, 2018 (30 
days after the verified notice was filed). The Applicants state that 
they intend to consummate the proposed transaction on or after June 30, 
2018, as circumstances warrant.
    This is a transaction within a corporate family of the type 
specially exempted from prior review and approval under 49 CFR 
1180.2(d)(3). The Applicants have not indicated that the transaction 
would result in adverse changes in service levels, significant 
operational changes, or any changes in the competitive balance with 
carriers outside the corporate family. According to the Applicants, the 
transaction will permit the Port to take common carrier operations in 
house quickly (if necessary) and to create a discrete corporate 
subdivision to handle the business of running the Line as ancillary to 
the Port's primary functions.
    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 sections 11324 
and 11325 that involve only Class III rail carriers. The Port is a 
Class III carrier and Coos Rail would become a Class III carrier. 
Accordingly, labor protective conditions will not be imposed.
    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 exemption. Petitions 
to stay must be filed no later than June 22, 2018 (at least seven days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36199, must be filed with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001. In addition, a copy must be 
served on Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North Wacker 
Drive, Suite 920, Chicago, IL 60606-2832.
    According to the Applicants, this action is exempt from 
environmental review under 49 CFR 1105.6(c) and exempt from historic 
review under 49 CFR 1105.8(b).
    Board decisions and notices are available on our website at 
WWW.STB.GOV''.

    Decided: June 12, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-12914 Filed 6-14-18; 8:45 am]
BILLING CODE 4915-01-P

28064 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices

POLICIES AND PRACTICES FOR RETENTION AND needs access, the user account is contain information pertaining to them
DISPOSAL OF RECORDS: disabled. may write to U.S. Department of State;
The retention period for visa records Before being granted access to Visa Director, Office of Information Programs
depends on the nature of the Records, a user must first be granted and Services; A/GIS/IPS; SA–2, Suite
information and disposition of the visa access to the Department of State 8100; Washington, DC 20522–0208. The
adjudication. Some files related to computer system. Remote access to the individual must specify that he or she
issued immigrant visas are destroyed six Department of State network from non- wishes the Visa Records to be checked.
months after issuance. In some Department owned systems is At a minimum, the individual must
instances, files with historical authorized only through a Department include: Full name (including maiden
significance are permanent records. approved access program. Remote name, if appropriate) and any other
Most files related to Certificates of access to the network is configured with names used; current mailing address
Identity are retained for twenty years the authentication requirements and zip code; date and place of birth;
after closure. These records are retired contained in the Office of Management notarized signature or statement under
and destroyed in accordance with and Budget Circular Memorandum A– penalty of perjury; a brief description of
published Department of State Records 130. All Department of State employees the circumstances that caused the
Disposition Schedules as approved by and contractors with authorized access creation of the record (including the city
the National Archives and Records have undergone a background security and/or country and the approximate
Administration (NARA), and a complete investigation. dates) which gives the individual cause
list of the Department’s schedules can to believe that the Visa Records include
RECORD ACCESS PROCEDURES:
be found on our Freedom of Information records pertaining to him or her.
Act (FOIA) program’s website (https:// Individuals who wish to gain access
to or to amend records pertaining to EXEMPTIONS PROMULGATED FOR THE SYSTEM:
foia.state.gov/Learn/Records
Disposition.aspx). More specific themselves should write to U.S. Pursuant to 5 U.S.C. 552a(k)(1), (k)(2),
information may be obtained by writing Department of State; Director, Office of and (k)(3), records contained within this
to the following address: Director, Office Information Programs and Services; system of records are exempted from 5
of Information Programs and Services, A/GIS/IPS; SA–2, Suite 8100; U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
A/GIS/IPS; SA–2, Department of State; Washington, DC 20522–0208. The (H), and (I), and (f). See Department of
515 22nd Street NW; Washington, DC individual must specify that he or she State Rules published in the Federal
20522–8100. wishes the Visa Records to be checked. Register, under 22 CFR 171.26.
At a minimum, the individual must
include: Full name (including maiden HISTORY:
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS: name, if appropriate) and any other This SORN was previously published
names used; current mailing address at 77 FR 65245 (October 25, 2012).
All users are given cyber security
awareness training which covers the and zip code; date and place of birth; Mary R. Avery,
procedures for handling Sensitive but notarized signature or statement under
Senior Agency Official for Privacy, Senior
Unclassified information, including penalty of perjury; a brief description of Advisor, Office of Global Information
personally identifiable information (PII). the circumstances that caused the Services, Bureau of Administration,
Annual refresher training is mandatory. creation of the record (including the city Department of State.
In addition, all Foreign Service and and/or country and the approximate [FR Doc. 2018–12871 Filed 6–14–18; 8:45 am]
Civil Service employees and those dates) which gives the individual cause BILLING CODE 4710–24–P
Locally Employed Staff who handle PII to believe that the Visa Records include
are required to take the Foreign Service records pertaining to him or her.
Institute’s distance learning course Detailed instructions on Department of
State procedures for accessing and SURFACE TRANSPORTATION BOARD
instructing employees on privacy and
security requirements, including the amending records can be found at the [Docket No. FD 36199]
rules of behavior for handling PII and Department’s FOIA website (https://
the potential consequences if it is foia.state.gov/Request/Guide.aspx). Oregon International Port of Coos Bay
handled improperly. However, in general, visa records are and Coos Bay Rail Line, Inc.—Intra-
confidential and may not be released Corporate Family Transaction
Access to the Department of State, its
under section 222(f) of the Immigration Exemption
annexes and posts abroad is controlled
and Nationality Act, except that, the
by security guards and admission is Oregon International Port of Coos Bay
Department of State may consider
limited to those individuals possessing (the Port), and Coos Bay Rail Line, Inc.
requests for records that originated with,
a valid identification card or individuals (Coos Rail) (collectively, the
or were sent to, a requesting visa
under proper escort. While the majority Applicants), have jointly filed a verified
applicant or someone acting on such
of records covered in Visa Records are notice of exemption under 49 CFR
applicant’s behalf to be releasable
electronic, all paper records containing 1180.2(d)(3) for an intra-corporate
thereto.
personal information are maintained in family transaction. According to the
secured file cabinets in restricted areas, CONTESTING RECORD PROCEDURES: Applicants, the Port is a rail common
access to which is limited to authorized Individuals who wish to contest carrier that owns certain interconnected
personnel only. Access to computerized record procedures should write to U.S. railroad lines in Oregon extending from
files is password-protected and under
sradovich on DSK3GMQ082PROD with NOTICES

Department of State; Director, Office of Eugene to Coquille via Coos Bay, a total
the direct supervision of the system Information Programs and Services; of roughly 133 route miles.1 The
manager. The system manager has the A/GIS/IPS; SA–2, Suite 8100;
capability of printing audit trails of Washington, DC 20522–0208. 1 See Or. Int’l Port of Coos Bay—Acquis.

access from the computer media, Exemption—Rail Line of Union Pac. R.R. in Coos
NOTIFICATION PROCEDURES: Cty., Or., FD 35385 (STB served Jul. 9, 2010); Or.
thereby permitting regular and ad hoc Int’l Port of Coos Bay—Feeder Line Application—
monitoring of computer usage. When it Individuals who have reason to Coos Bay Line of Cent. Ore. & Pac. R.R., FD 35160
is determined that a user no longer believe that this system of records may (STB served Oct. 31, 2008; modified Mar. 12, 2009.)

VerDate Sep<11>2014 17:11 Jun 14, 2018 Jkt 244001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\15JNN1.SGM 15JNN1

$Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices 28065 Applicants state that the lines in submitted with their verified notice of carriers. The Port is a Class III carrier question extend from milepost 652.114 exemption. and Coos Rail would become a Class III at Danebo, Or., to milepost 763.13 at The Applicants state that the carrier. Accordingly, labor protective Cordes, Or., and from milepost 761.13 at transaction and underlying lease conditions will not be imposed. Cordes to milepost 785.5 at Coquille agreement do not involve or contain any If the verified notice contains false or (collectively, the Line). provision or agreement that may limit misleading information, the exemption future interchange with a third-party is void ab initio. Petitions to revoke the The Line is currently operated by connecting carrier. exemption under 49 U.S.C. 10502(d) Coos Bay Railroad Operating Company, Unless stayed, the exemption will be may be filed at any time. The filing of LLC d/b/a Coos Bay Rail Link (CBRL) effective on June 30, 2018 (30 days after a petition to revoke will not pursuant to a lease agreement with the the verified notice was filed). The automatically stay the exemption. Port.2 The Applicants state that CBRL’s Applicants state that they intend to Petitions to stay must be filed no later parent company has advised the Port consummate the proposed transaction than June 22, 2018 (at least seven days that it no longer wishes to operate the on or after June 30, 2018, as before the exemption becomes Line, and that the Port has begun to circumstances warrant. effective). contemplate assuming operations of the This is a transaction within a An original and 10 copies of all Line in place of CBRL.3 However, the corporate family of the type specially pleadings, referring to Docket No. FD Applicants assert the Port does not wish exempted from prior review and 36199, must be filed with the Surface to become an operating common carrier approval under 49 CFR 1180.2(d)(3). Transportation Board, 395 E Street SW, itself, and therefore has created Coos The Applicants have not indicated that Washington, DC 20423–0001. In Rail as a public benefit corporation the transaction would result in adverse addition, a copy must be served on under the control of the Port for changes in service levels, significant Audrey L. Brodrick, Fletcher & Sippel purposes of assuming operations over operational changes, or any changes in LLC, 29 North Wacker Drive, Suite 920, the Line in place of the Port. According the competitive balance with carriers Chicago, IL 60606–2832. to the Applicants, the Port would retain outside the corporate family. According According to the Applicants, this ownership of the Line, but common to the Applicants, the transaction will action is exempt from environmental carrier service would be provided by permit the Port to take common carrier review under 49 CFR 1105.6(c) and Coos Rail, either alone or jointly with operations in house quickly (if exempt from historic review under 49 CBRL. The Applicants state that the necessary) and to create a discrete CFR 1105.8(b). proposed transaction will be governed corporate subdivision to handle the Board decisions and notices are by a lease agreement that has yet to be business of running the Line as ancillary available on our website at executed, a copy of which was to the Port’s primary functions. WWW.STB.GOV’’. Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to Decided: June 12, 2018. 2 See Coos Bay R.R. Operating Co., LLC— Operation Exemption—Line of R.R. owned by the relieve a rail carrier of its statutory By the Board, Scott M. Zimmerman, Acting Or. Int’l Port of Coos Bay, FD 35551 (STB served obligation to protect the interests of its Director, Office of Proceedings. Sep. 14, 2011.) employees. Section 11326(c), however, Jeffrey Herzig, 3 On June 4, 2018, CBRL filed a notice of intent does not provide for labor protection for Clearance Clerk. to participate, stating that it intends to submit a petition to reject the notice on or before June 20, transactions under sections 11324 and [FR Doc. 2018–12914 Filed 6–14–18; 8:45 am] 2018. 11325 that involve only Class III rail BILLING CODE 4915–01–P sradovich on DSK3GMQ082PROD with NOTICES VerDate Sep<11>2014 17:11 Jun 14, 2018 Jkt 244001 PO 00000 Frm 00117 Fmt 4703 Sfmt 9990 E:\FR\FM\15JNN1.SGM 15JNN1$

Document Created: 2018-11-02 12:00:59
Document Modified: 2018-11-02 12:00:59

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 28064