83 FR 44688 - Clackamas Valley Railway, LLC-Lease and Operation Exemption With Interchange Commitment-Union Pacific Railroad Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 170 (August 31, 2018)

Page Range		44688-44689
FR Document		2018-19080

Federal Register, Volume 83 Issue 170 (Friday, August 31, 2018)

[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Pages 44688-44689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19080]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36211]


Clackamas Valley Railway, LLC--Lease and Operation Exemption With 
Interchange Commitment--Union Pacific Railroad Company

    Clackamas Valley Railway, LLC (CVR), a noncarrier,\1\ has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from Union 
Pacific Railroad Company (UP) and to operate \2\ approximately 1.6 
miles of railroad line in Clackamas, Or. (the Line). The Line extends 
east from a connection with UP's Portland-Eugene, Or., main line 
immediately south of UP milepost 760.0, running parallel to SE Jennifer 
Street (to the south), continuing southeast across SE Jennifer Street 
and turning south to termination at Carpenter Drive. According to CVR, 
there are no mileposts associated with the Line.
---------------------------------------------------------------------------

    \1\ CVR states that the transaction described here is its 
initial railroad acquisition.
    \2\ A draft copy of the operating agreement was submitted under 
seal with the notice of exemption.
---------------------------------------------------------------------------

    This transaction is related to a concurrently filed verified notice 
of exemption in Progressive Rail Inc.--Continuance in Control 
Exemption--Clackamas Valley Railway, LLC, Docket No. FD 36212, in which 
Progressive Rail Incorporated seeks Board approval to continue in 
control of CVR upon CVR's becoming a Class III rail carrier.
    CVR states that the Line is currently operated by UP as excepted 
track under 49 U.S.C. 10906. However, because it will operate the Line 
as its entire line of railroad, CVR asserts that it will become a rail 
carrier upon consummation of the proposed transaction. See Effingham 
R.R.--Pet. for Declaratory Order--Constr. at Effingham, Ill., 2 S.T.B. 
606, 609-10 (1997), aff'd sub nom. United Transp. Union--Ill. 
Legislative Bd. v. STB, 183 F.3d 606 (7th Cir. 1999).
    CVR certifies that its projected annual revenues from this 
transaction will not result in the creation of a Class I or Class II 
rail carrier and will not exceed $5 million. As required under 49 CFR 
1150.33(h)(1), CVR has disclosed in its verified notice that the lease 
agreement contains an interchange commitment that prohibits CVR from 
entering into any other agreement for the movement of CVR traffic 
without the prior consent of UP. CVR has provided additional 
information regarding the interchange commitment as required by 49 CFR 
1150.33(h).
    Although CVR states in its verified notice that the transaction is 
proposed to be consummated on or about August

[[Page 44689]]

31, 2018, the earliest this transaction may be consummated is September 
15, 2018 (30 days after the verified notice 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 to stay must be filed no later than September 7, 
2018 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36211, must be filed with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on CVR's representative, Bradon J. Smith, 
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 
60606-3208.
    According to CVR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
under 49 CFR 1105.8(b).
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: August 28, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-19080 Filed 8-30-18; 8:45 am]
 BILLING CODE 4915-01-P

44688 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices

eligibility for low-income subsidy DEPARTMENT OF STATE SURFACE TRANSPORTATION BOARD
assistance (Extra Help) in the Medicare
[Docket No. FD 36211]
Part D prescription drug benefit program [Public Notice: 10527]
established under the Medicare Clackamas Valley Railway, LLC—
Prescription Drug, Improvement, and United States Passports Invalid for Lease and Operation Exemption With
Modernization Act of 2003 (Pub. L. 108– Travel to, in, or Through the Interchange Commitment—Union
173). Democratic People’s Republic of Korea Pacific Railroad Company
Categories of Individuals: The
individuals whose information is AGENCY: Department of State. Clackamas Valley Railway, LLC
involved in this matching program are (CVR), a noncarrier,1 has filed a verified
ACTION: Notice of extension of passport notice of exemption under 49 CFR
those individuals who apply for low-
travel restriction. 1150.31 to lease from Union Pacific
income subsidy assistance (Extra Help)
in the Medicare Part D prescription drug Railroad Company (UP) and to operate 2
SUMMARY: On September 1, 2017, all approximately 1.6 miles of railroad line
benefit program established under the
United States passports were declared in Clackamas, Or. (the Line). The Line
Medicare Prescription Drug,
invalid for travel to, in, or through the extends east from a connection with
Improvement, and Modernization Act of
Democratic People’s Republic of Korea UP’s Portland-Eugene, Or., main line
2003 (Pub. L. 108–173).
(DPRK) unless specially validated for immediately south of UP milepost
Categories of Records: SSA will
such travel. If not renewed, the 760.0, running parallel to SE Jennifer
disclose to Fiscal Service a finder file
restriction is set to expire on August 31, Street (to the south), continuing
with the SSN for each individual for
2018. This notice extends the restriction southeast across SE Jennifer Street and
whom SSA requests Savings Securities
until August 31, 2019 unless extended turning south to termination at
ownership information. When a match
or sooner revoked by the Secretary of Carpenter Drive. According to CVR,
occurs on an SSN, Fiscal Service will
State. there are no mileposts associated with
disclose the following to SSA: The
denomination of the security; the serial DATES: The extension of the travel the Line.
number; the series; the issue date of the restriction is in effect on September 1, This transaction is related to a
security; the current redemption value; 2018. concurrently filed verified notice of
and the return date of the finder file. exemption in Progressive Rail Inc.—
SSA will disclose to Fiscal Service a FOR FURTHER INFORMATION CONTACT: Continuance in Control Exemption—
finder file with the SSN for each Anita Mody, Bureau of Consular Affairs, Clackamas Valley Railway, LLC, Docket
individual for whom it requests Savings Passport Services, Office of Legal No. FD 36212, in which Progressive Rail
Securities registration information. Affairs, 202–485–6500. Incorporated seeks Board approval to
Fiscal Service bases the query on the SUPPLEMENTARY INFORMATION: On continue in control of CVR upon CVR’s
SSN associated with the account and September 1, 2017, pursuant to the becoming a Class III rail carrier.
reports any subsequent account authority of 22 U.S.C. 211a and CVR states that the Line is currently
holdings. When a match occurs on an Executive Order 11295 (31 FR 10603), operated by UP as excepted track under
SSN, Fiscal Service will disclose the and in accordance with 22 CFR 49 U.S.C. 10906. However, because it
following to SSA: The purchase amount; 51.63(a)(2), all United States passports will operate the Line as its entire line of
the account number and confirmation were declared invalid for travel to, in, railroad, CVR asserts that it will become
number; the series; the issue date of the or through the Democratic People’s a rail carrier upon consummation of the
security; the current redemption value; Republic of Korea (DPRK) unless proposed transaction. See Effingham
and the return date of the finder file. specially validated for such travel. If not R.R.—Pet. for Declaratory Order—
System(s) of Records: SSA will renewed, the restriction is set to expire Constr. at Effingham, Ill., 2 S.T.B. 606,
disclose to Fiscal Service a finder file on August 31, 2018. 609–10 (1997), aff’d sub nom. United
consisting of SSNs extracted from SSA’s Transp. Union—Ill. Legislative Bd. v.
The Department of State has
Medicare Database (MDB) File System, STB, 183 F.3d 606 (7th Cir. 1999).
determined that there continues to be
60–0321, fully published at 71 FR 42159 CVR certifies that its projected annual
serious risk to United States nationals of
on July 25, 2006 and amended at 72 FR revenues from this transaction will not
arrest and long-term detention
69723 on December 10, 2007. The MDB result in the creation of a Class I or Class
representing imminent danger to the
File System is a repository of Medicare II rail carrier and will not exceed $5
physical safety of United States
applicant and beneficiary information million. As required under 49 CFR
nationals traveling to and within the
related to Medicare Part A, Part B, 1150.33(h)(1), CVR has disclosed in its
DPRK, within the meaning of 22 CFR
Medicare Advantage Part C, and verified notice that the lease agreement
51.63(a)(3). Accordingly, all United
Medicare Part D. contains an interchange commitment
States passports shall remain invalid for
Fiscal Service will match the SSNs that prohibits CVR from entering into
travel to, in, or through the DPRK unless
from SSA’s finder file with the SSNs in any other agreement for the movement
specially validated for such travel under
Fiscal Service Savings Securities of CVR traffic without the prior consent
the authority of the Secretary of State.
Registration Systems, which reside in of UP. CVR has provided additional
This extension to the restriction of
the systems of records Treasury/ information regarding the interchange
travel to the DPRK shall be effective on
BPD.002, ‘‘United States Savings-Type commitment as required by 49 CFR
September l, 2018, and shall expire
Securities Treasury/BPD’’ and Treasury/ 1150.33(h).
August 31, 2019 unless extended or
daltland on DSKBBV9HB2PROD with NOTICES

BPD.008, ‘‘Retail Treasury Securities Although CVR states in its verified
sooner revoked by the Secretary of State. notice that the transaction is proposed
Access Application-Treasury/BPD’’
fully published at 73 FR 42904 on July Dated: August 27, 2018. to be consummated on or about August
23, 2008 and amended at 76 FR 51128 Michael R. Pompeo,
1 CVR states that the transaction described here is
on August 17, 2011. Secretary of State, Department of State.
its initial railroad acquisition.
[FR Doc. 2018–18986 Filed 8–30–18; 8:45 am] [FR Doc. 2018–18858 Filed 8–30–18; 8:45 am] 2 A draft copy of the operating agreement was

BILLING CODE 4191–02–P BILLING CODE 4710–06–P submitted under seal with the notice of exemption.

VerDate Sep<11>2014 18:42 Aug 30, 2018 Jkt 244001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices 44689

31, 2018, the earliest this transaction The earliest this transaction may be According to PGR, this action is
may be consummated is September 15, consummated is September 15, 2018 (30 categorically excluded from
2018 (30 days after the verified notice days after the verified notice was filed). environmental review under 49 CFR
was filed). PGR will continue in control of CVR 1105.6(c) and from historic reporting
If the verified notice contains false or upon CVR’s becoming a Class III rail under 49 CFR 1105.8(b).
misleading information, the exemption carrier. According to PGR, it owns or Board decisions and notices are
is void ab initio. Petitions to revoke the operates rail lines in Minnesota, available on our website at www.stb.gov.
exemption under 49 U.S.C. 10502(d) Wisconsin, and Illinois. PGR states that Decided: August 28, 2018.
may be filed at any time. The filing of it controls six other Class III railroads
By the Board, Scott M. Zimmerman, Acting
a petition to revoke will not that operate in Minnesota, Missouri, Director, Office of Proceedings.
automatically stay the effectiveness of Iowa, North Carolina, Illinois, and
Tammy Lowery,
the exemption. Petitions to stay must be California,1 and that its control of a
seventh, the St. Paul & Pacific Railroad, Clearance Clerk.
filed no later than September 7, 2018 (at
LLC (SPR), is pending.2 [FR Doc. 2018–19020 Filed 8–30–18; 8:45 am]
least seven days before the exemption
becomes effective). PGR states that: (1) The Line to be BILLING CODE 4915–01–P

An original and 10 copies of all operated by CVR does not connect with
pleadings, referring to Docket No. FD any other railroads in the PGR corporate
36211, must be filed with the Surface family; (2) the continuance in control is DEPARTMENT OF TRANSPORTATION
Transportation Board, 395 E Street SW, not part of a series of anticipated
Washington, DC 20423–0001. In transactions that would connect the Federal Aviation Administration
addition, a copy of each pleading must Line with any other railroad in the PGR
corporate family; and (3) the transaction Agency Information Collection
be served on CVR’s representative, Activities: Requests for Comments;
Bradon J. Smith, Fletcher & Sippel LLC, does not involve a Class I rail carrier.
Therefore, the proposed transaction is Clearance of Renewed Approval of
29 North Wacker Drive, Suite 800, Information Collection: Operating
Chicago, IL 60606–3208. exempt from the prior approval
requirements of 49 U.S.C. 11323. See 49 Requirements: Commuter and On-
According to CVR, this action is Demand Operation
categorically excluded from CFR 1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board AGENCY: Federal Aviation
environmental review under 49 CFR
may not use its exemption authority to Administration (FAA), DOT.
1105.6(c) and from historic reporting
relieve a rail carrier of its statutory
under 49 CFR 1105.8(b). ACTION: Notice and request for
obligation to protect the interests of its
Board decisions and notices are comments.
employees. Section 11326(c), however,
available on our website at www.stb.gov. does not provide for labor protection for SUMMARY: In accordance with the
Decided: August 28, 2018. transactions under §§ 11324 and 11325 Paperwork Reduction Act of 1995, FAA
By the Board, Scott M. Zimmerman, Acting that involve only Class III rail carriers. invites public comments about our
Director, Office of Proceedings. Accordingly, the Board may not impose intention to request the Office of
Jeffrey Herzig, labor protective conditions here, Management and Budget (OMB)
Clearance Clerk. because all the carriers involved are approval to renew an information
[FR Doc. 2018–19080 Filed 8–30–18; 8:45 am] Class III carriers. collection. The revision of this
If the verified notice contains false or
BILLING CODE 4915–01–P collection involves the amendment of
misleading information, the exemption
regulations, which allows a certificate
is void ab initio. Petitions to revoke the
holder’s pilots to log second-in-
SURFACE TRANSPORTATION BOARD exemption under 49 U.S.C. 10502(d)
command (SIC) time in operations that
may be filed at any time. The filing of
a petition to revoke will not does not otherwise require a SIC. This
[Docket No. FD 36212]
automatically stay the effectiveness of revision also removes the burden for
the exemption. Petitions to stay must be initial certification as that is already
Progressive Rail Incorporated— counted under ICR 2120–0593.
Continuance in Control Exemption— filed no later than September 7, 2018 (at
least seven days before the exemption DATES: Written comments should be
Clackamas Valley Railway, LLC submitted by October 1, 2018.
becomes effective).
Progressive Rail Incorporated (PGR), a An original and 10 copies of all ADDRESSES: Interested persons are
Class III rail carrier, has filed a verified pleadings, referring to Docket No. FD invited to submit written comments on
notice of exemption under 49 CFR 36212, must be filed with the Surface the proposed information collection to
1180.2(d)(2) to continue in control of Transportation Board, 395 E Street SW, the Office of Information and Regulatory
Clackamas Valley Railway, LLC (CVR), Washington, DC 20423–0001. In Affairs, Office of Management and
upon CVR’s becoming a Class III rail addition, a copy of each pleading must Budget. Comments should be addressed
carrier. be served on PGR’s representative, to the attention of the Desk Officer,
This transaction is related to a Bradon J. Smith, Fletcher & Sippel LLC, Department of Transportation/FAA, and
concurrently filed verified notice of 29 North Wacker Drive, Suite 800, sent via electronic mail to oira_
exemption in Clackamas Valley Chicago, IL 60606–3208. submission@omb.eop.gov, or faxed to
Railway, LLC—Lease & Operation (202) 395–6974, or mailed to the Office
1 Airlake Terminal Railway Company, LLC;
Exemption with Interchange of Information and Regulatory Affairs,
daltland on DSKBBV9HB2PROD with NOTICES

Central Midland Railway Company; Iowa Traction
Commitment—Union Pacific Railroad Railway Company; Iowa Southern Railway
Office of Management and Budget,
Co., Docket No. FD 36211. In that Company; Piedmont & Northern Railroad LLC; and Docket Library, Room 10102, 725 17th
proceeding, CVR seeks an exemption Chicago Junction Railway Company. Street NW, Washington, DC 20503.
2 PGR’s exemption authorizing it to continue in
under 49 CFR 1150.31 to lease and Public Comments Invited: You are
control of SPR became effective on August 15, 2018.
operate 1.6 miles of railroad line in Progressive Rail—Continuance in Control
asked to comment on any aspect of this
Clackamas, Or. (the Line), owned by Exemption—St. Paul & Pac. R.R., FD 36208 (STB information collection, including (a)
Union Pacific Railroad Company (UP). served Aug. 1, 2018). Whether the proposed collection of

VerDate Sep<11>2014 18:42 Aug 30, 2018 Jkt 244001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

Document Created: 2018-08-31 00:53:14
Document Modified: 2018-08-31 00:53:14

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 44688