83 FR 51540 - David L. Durbano-Continuance in Control Exemption-Washington Eastern Railroad, LLC
SURFACE TRANSPORTATION BOARD Federal Register Volume 83, Issue 197 (October 11, 2018)
Federal Register Volume 83, Issue 197 (October 11, 2018)
| Page Range | 51540-51541 | |
| FR Document | 2018-22171 |
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)] [Notices] [Pages 51540-51541] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22171] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. FD 36227] David L. Durbano--Continuance in Control Exemption--Washington Eastern Railroad, LLC David L. Durbano (Durbano), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Washington Eastern Railroad, LLC (WERR), upon WERR's becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in Washington Eastern Railroad, LLC--Change in Operator Exemption--Eastern Washington Gateway Railroad Company, Docket No. FD 36226. In that proceeding, WERR seeks an exemption under 49 CFR 1150.31 to assume operations over approximately 107.8 miles of track extending between milepost 1.0 near Cheney, Wash., and the end of the track at milepost 108.8 in Coulee City, Wash. (CW Branch), and over approximately 5.9 miles of track that connects with the CW Branch at Geiger Junction near Medical Lake, Wash. (Geiger Spur). The earliest this transaction may be consummated is October 25, 2018, the effective date of the exemption (30 days after the verified notice was filed). Durbano states that he intends to consummate the transaction on or after the effective date of the transaction established by the Board in Docket No. FD 36226, which is also October 25, 2018. Durbano will continue in control of WERR upon WERR's becoming a Class III rail carrier, while remaining in control of six other Class III carriers: Texas & Eastern Railroad, LLC, Wyoming and Colorado Railroad Company, Inc., Southwestern Railroad, Inc., Cimarron Valley Railroad, L.C., Clarkdale Arizona Central Railroad, L.C., and Saratoga Railroad, LLC. Durbano certifies that: (1) The rail lines to be operated by WERR do not [[Page 51541]] connect with any other railroads in the Durbano corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect these rail lines with each other or with any other railroad in the Durbano corporate family; 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 sections 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here because all of 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. Stay petitions must be filed no later than October 18, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36227, must be filed with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423-0001. In addition, one copy of each pleading must be served on William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 20037. Board decisions and notices are available on our website at www.stb.gov. Decided: October 5, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018-22171 Filed 10-10-18; 8:45 am] BILLING CODE 4915-01-P
![51540 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices
Percent (Catalog of Federal Domestic Assistance HISTORY:
Number 59008) 71 FR 1801 (Jan. 11, 2006), Optical
Non-Profit Organizations with- James Rivera, System for Correspondence Analysis
out Credit Available Else- and Response.
where ..................................... 2.500 Associate Administrator for Disaster
Assistance. 72 FR 69723 (Dec. 10, 2007), Optical
[FR Doc. 2018–22109 Filed 10–10–18; 8:45 am]
System for Correspondence Analysis
The number assigned to this disaster BILLING CODE 8025–01–P
and Response.
for physical damage is 157128 and for Dated: October 2, 2018.
economic injury is 157130. Mary Ann Zimmerman,
(Catalog of Federal Domestic Assistance SOCIAL SECURITY ADMINISTRATION Acting Executive Director, Office of Privacy
Number 59008) and Disclosure, Office of the General Counsel.
[Docket No. SSA–2018–0052]
[FR Doc. 2018–22035 Filed 10–10–18; 8:45 am]
James Rivera,
Privacy Act of 1974; System of BILLING CODE P
Associate Administrator for Disaster
Assistance.
Records
[FR Doc. 2018–22119 Filed 10–10–18; 8:45 am] AGENCY: Deputy Commissioner for SURFACE TRANSPORTATION BOARD
BILLING CODE 8025–01–P Communications, Social Security
Administration (SSA). [Docket No. FD 36227]
ACTION: Rescindment of a system of
SMALL BUSINESS ADMINISTRATION records notice. David L. Durbano—Continuance in
Control Exemption—Washington
SUMMARY: In accordance with the Eastern Railroad, LLC
[Disaster Declaration #15622 and #15623; Privacy Act, we are issuing public
California Disaster Number CA–00288] David L. Durbano (Durbano), a
notice of our intent to discontinue an
noncarrier, has filed a verified notice of
existing system of records notice
Presidential Declaration Amendment of exemption pursuant to 49 CFR
entitled, Optical System for
a Major Disaster for the State of 1180.2(d)(2) to continue in control of
Correspondence Analysis and Response,
California Washington Eastern Railroad, LLC
last published on January 11, 2006.
(WERR), upon WERR’s becoming a Class
AGENCY:U.S. Small Business DATES: Comments must be received no
III rail carrier.
Administration. later than November 13, 2018. This This transaction is related to a
rescindment will be effective upon concurrently filed verified notice of
ACTION: Amendment 2. publication in today’s Federal Register. exemption in Washington Eastern
FOR FURTHER INFORMATION CONTACT: Railroad, LLC—Change in Operator
SUMMARY: This is an amendment of the Tristin Dorsey, Government Information Exemption—Eastern Washington
Presidential declaration of a major Specialist, Privacy Implementation Gateway Railroad Company, Docket No.
disaster for the State of California Division, Office of Privacy and FD 36226. In that proceeding, WERR
(FEMA–4382–DR), dated 08/04/2018. Disclosure, Office of the General seeks an exemption under 49 CFR
Incident: Wildfires and High Winds. Counsel, Social Security 1150.31 to assume operations over
Administration, Room G–401 West High approximately 107.8 miles of track
Incident Period: 07/23/2018 through Rise, 6401 Security Boulevard,
09/19/2018. extending between milepost 1.0 near
Baltimore, Maryland 21235–6401, Cheney, Wash., and the end of the track
DATES: Issued on 10/01/2018. telephone: (410) 965–2950, email: at milepost 108.8 in Coulee City, Wash.
Physical Loan Application Deadline tristin.dorsey@ssa.gov. (CW Branch), and over approximately
Date: 10/03/2018. SUPPLEMENTARY INFORMATION: SSA is 5.9 miles of track that connects with the
discontinuing the system of records 60– CW Branch at Geiger Junction near
Economic Injury (EIDL) Loan 0002, entitled OSCAR, which was Medical Lake, Wash. (Geiger Spur).
Application Deadline Date: 05/06/2019. created to aid in the control of internal The earliest this transaction may be
ADDRESS: Submit completed loan and external correspondence received in consummated is October 25, 2018, the
applications to: U.S. Small Business agency offices through various effective date of the exemption (30 days
Administration, Processing and processing steps and management after the verified notice was filed).
Disbursement Center, 14925 Kingsport information regarding the Durbano states that he intends to
Road, Fort Worth, TX 76155. correspondence process. The records consummate the transaction on or after
will be combined and managed through the effective date of the transaction
FOR FURTHER INFORMATION CONTACT: A. an existing system of records currently established by the Board in Docket No.
Escobar, Office of Disaster Assistance, titled, Assignment and Correspondence FD 36226, which is also October 25,
U.S. Small Business Administration, Tracking (ACT) System (60–0001), last 2018.
409 3rd Street SW, Suite 6050, published in full at 71 FR 1800 (January Durbano will continue in control of
Washington, DC 20416, (202) 205–6734. 11, 2006). SSA will rely upon the ACT WERR upon WERR’s becoming a Class
SUPPLEMENTARY INFORMATION: The notice system to manage internal and external III rail carrier, while remaining in
correspondence and assignments control of six other Class III carriers:
of the President’s major disaster
Texas & Eastern Railroad, LLC,
khammond on DSK30JT082PROD with NOTICES
declaration for the State of California, received from members of the public,
media, White House, Congress, and Wyoming and Colorado Railroad
dated 08/04/2018, is hereby amended to
other federal agencies. Company, Inc., Southwestern Railroad,
establish the incident period for this
Inc., Cimarron Valley Railroad, L.C.,
disaster as beginning 07/23/2018 and SYSTEM NAME AND NUMBER Clarkdale Arizona Central Railroad,
continuing through 09/19/2018. Optical System for Correspondence L.C., and Saratoga Railroad, LLC.
All other information in the original Analysis and Response (OSCAR), 60– Durbano certifies that: (1) The rail
declaration remains unchanged. 0002. lines to be operated by WERR do not
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![Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices 51541
connect with any other railroads in the exemption pursuant to 49 CFR Ohio, and milepost 72.2 at or near
Durbano corporate family; (2) the 1180.2(d)(2) for the benefit of Brightline Hannibal, Ohio.
continuance in control is not part of a Holdings LLC (Brightline) and Fortress Fortress represents that: (1) None of
series of anticipated transactions that Transportation and Infrastructure the rail lines of CMQR, ORPS, or DXE
would connect these rail lines with each Investors LLC, which are managed by connect with the lines of any other
other or with any other railroad in the affiliates of Fortress, to continue in United States railroad that is owned or
Durbano corporate family; and (3) the control of DesertXpress Enterprises, LLC controlled by Fortress; (2) the
transaction does not involve a Class I (DXE) 1 following the acquisition of DXE transaction is not part of a series of
rail carrier. Therefore, the transaction is by Brightline. anticipated transactions that would
exempt from the prior approval According to Fortress, on September connect the DXE Line with the lines of
requirements of 49 U.S.C. 11323. See 49 17, 2018, Brightline, DXE, and Benny’s any other rail carrier owned or
CFR 1180.2(d)(2). HoldCo, LLC, entered into a controlled by Fortress, any affiliate of
Under 49 U.S.C. 10502(g), the Board Membership Interest Purchase Fortress, or any investment fund or
may not use its exemption authority to Agreement (Purchase Agreement) 2 entity managed by an affiliate of
relieve a rail carrier of its statutory pursuant to which Brightline will Fortress; and (3) CMQR, ORPS, and DXE
obligation to protect the interests of its acquire 100% of the member interests of are not Class I carriers.4 Therefore, the
employees. Section 11326(c), however, DXE. Upon consummation of the transaction is exempt from the prior
does not provide for labor protection for transaction contemplated by the approval requirements of 49 U.S.C.
transactions under sections 11324 and Purchase Agreement, Brightline, a 11323. See 49 CFR 1180.2(d)(2).
11325 that involve only Class III rail noncarrier, will control DXE. Brightline Under 49 U.S.C. 10502(g), the Board
carriers. Accordingly, the Board may not currently controls Brightline Trains LLC may not use its exemption authority to
impose labor protective conditions here (Brightline Trains) which operates relieve a rail carrier of its statutory
because all of the carriers involved are express passenger rail service between obligation to protect the interests of its
Class III carriers. Miami, Fla., and West Palm Beach, Fla.3 employees. Section 11326(c), however,
If the notice contains false or Fortress asserts that Brightline can assist does not provide for labor protection for
misleading information, the exemption DXE in bringing its planned high-speed transactions under sections 11324 and
is void ab initio. Petitions to revoke the passenger rail system between Las Vegas 11325 that involve only Class III rail
exemption under 49 U.S.C. 10502(d) and Victorville to fruition. carriers. Accordingly, the Board may not
may be filed at any time. The filing of The parties intend to consummate the impose labor protective conditions here
a petition to revoke will not proposed control transaction as soon as because all the carriers involved are
automatically stay the effectiveness of practicable after the exemption becomes Class III carriers.5
the exemption. Stay petitions must be effective (30 days after the verified
filed no later than October 18, 2018 (at If the notice contains false or
notice was filed) and the satisfaction of misleading information, the exemption
least seven days before the exemption all other conditions precedent to closing
becomes effective). is void ab initio. Petitions to revoke the
set forth in the Purchase Agreement. exemption under 49 U.S.C. 10502(d)
An original and 10 copies of all
pleadings, referring to Docket No. FD Fortress states that two other rail may be filed at any time. The filing of
36227, must be filed with the Surface carriers subject to the Board’s a petition to revoke will not
Transportation Board, 395 E Street SW, jurisdiction, Central Maine & Quebec automatically stay the effectiveness of
Washington, DC 20423–0001. In Railway US Inc. (CMQR) and Ohio River the exemption. Petitions for stay must
addition, one copy of each pleading Partners Shareholder LLC (ORPS), are be filed no later than October 18, 2018
must be served on William A. Mullins, currently managed by affiliates of (at least seven days before the
Baker & Miller PLLC, 2401 Pennsylvania Fortress. CMQR, a Class III carrier, exemption becomes effective).
Ave. NW, Suite 300, Washington, DC operates approximately 244 miles of rail An original and 10 copies of all
20037. lines in the States of Maine and pleadings, referring to Docket No. FD
Board decisions and notices are Vermont. ORPS, a Class III carrier, 36225, must be filed with the Surface
available on our website at www.stb.gov. operates a 12.2-mile rail line between Transportation Board, 395 E Street SW,
milepost 60.5 at or near Powhatan Point, Washington, DC 20423–0001. In
Decided: October 5, 2018.
addition, one copy of each pleading
By the Board, Scott M. Zimmerman, Acting 1 In DesertXpress Enterprises—Construction &
Director, Office of Proceedings.
must be served on Terence M. Hynes,
Operation Exemption—in Victorville, Cal. & Las Sidley Austin LLP, 1501 K Street NW,
Jeffrey Herzig, Vegas, Nev. (DesertXpress), FD 35544 (STB served
Oct. 25, 2011), the Board authorized DXE to Washington, DC 20005.
Clearance Clerk.
construct and operate a high-speed passenger rail According to Fortress, this action is
[FR Doc. 2018–22171 Filed 10–10–18; 8:45 am] line between Victorville, Cal., and Las Vegas, Nev. categorically excluded from
BILLING CODE 4915–01–P (DXE Line). Fortress states that DXE has been
engaged in development and planning for the DXE environmental review under 49 CFR
Line, including obtaining certain federal and state 1105.6(c) and from historic reporting
permits, acquiring rights-of-way, and pursuing under 49 CFR 1105.8(b).
SURFACE TRANSPORTATION BOARD financing for the project.
2 Fortress submitted a redacted copy of the Board decisions and notices are
[Docket No. FD 36225] available on our website at www.stb.gov.
Purchase Agreement with its verified notice of
exemption. It also submitted an unredacted copy Decided: October 5, 2018.
Fortress Investment Group LLC— under seal along with a motion for protective order
khammond on DSK30JT082PROD with NOTICES
Continuance in Control Exemption— pursuant to 49 CFR 1104.14(b). That motion will be
Central Maine & Quebec Railway US addressed in a separate decision. 4 Fortress states that CMQR and ORPS are Class
Inc., Ohio River Partners Shareholder 3 Brightline Trains formerly was known as All III carriers. In DesertXpress, slip op. at 2, the Board
Aboard Florida-Operations LLC. Citing All Aboard noted that DXE anticipated that its operating
LLC, and DesertXpress Enterprises, Florida-Operations LLC—Construction & Operation revenues would qualify it as a Class I carrier;
LLC Exemption—in Miami, Fla., & Orlando, Fla., FD presently, however, according to Fortress, DXE has
35680 (STB served Dec. 21, 2012), Fortress states not commenced operations and does not have any
Fortress Investment Group LLC that Brightline Trains is not a rail carrier subject to operating employees or revenues. See Notice 6.
(Fortress) has filed a verified notice of the Board’s jurisdiction. 5 See n. 4, above.
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Document Created: 2018-10-11 15:36:30
Document Modified: 2018-10-11 15:36:30
| 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 51540 |
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