83_FR_59031 83 FR 58806 - Paul Didelius-Continuance in Control Exemption-KET, LLC

83 FR 58806 - Paul Didelius-Continuance in Control Exemption-KET, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 225 (November 21, 2018)

Page Range58806-58807
FR Document2018-25413

Federal Register, Volume 83 Issue 225 (Wednesday, November 21, 2018) 
[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Notices]
[Pages 58806-58807]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25413]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36245]


Paul Didelius--Continuance in Control Exemption--KET, LLC

    Paul Didelius (Didelius), an individual and noncarrier,\1\ has 
filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of KET, LLC (KET), upon KET's becoming a Class III 
rail carrier.
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    \1\ Didelius currently owns 100% of LRY, LLC d/b/a Lake Railway 
(LRY), a Class III carrier that leases and operates rail lines owned 
by Union Pacific Railroad Company and Lake County, Or., in 
California and Oregon; 49% of YCR Corporation (YCR), a Class III 
rail carrier established for the purpose of leasing and operating a 
line of railroad owned by Yakima County, Wash.; 100% of CCET, LLC 
(CCET), a Class III short line rail carrier organized for the 
purpose of leasing and operating a rail line owned by Norfolk 
Southern Railway Company in Ohio; 100% of WRL, LLC (WRL), a Class 
III carrier that leases and operates a rail line owned by Port of 
Royal Slope, a Washington state municipal corporation, in 
Washington; and 100% of CWW, LLC (CWW), a Class III carrier that 
leases and operates a line of railroad owned by the Port of 
Columbia, Wash.
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    This transaction is related to a concurrently filed verified notice 
of exemption in KET, LLC--Operation Exemption--Lines of Railroad in 
Benton County, Wash., Docket No. FD 36244, in which KET seeks Board 
approval under 49 CFR 1150.31 to operate two industrial spurs totaling 
approximately 1.28 miles in length in Kennewick and Hedges, Benton 
County, Wash.
    The transaction may be consummated on or after December 5, 2018, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).
    Didelius represents that: (1) The rail properties that will be 
operated and controlled by Didelius, namely LRY, YCR, CCET, WRL, CWW, 
and KET, do not physically connect; (2) there are no plans to acquire 
additional rail lines for the purpose of making a connection; and (3) 
each of the carriers involved in the continuance in control transaction 
is a Class III 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 Sec. Sec.  
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 verified notice contains false or misleading information, 
the exemption

[[Page 58807]]

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 28, 2018 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36245, 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 James H.M. Savage, 22 Rockingham Court, 
Germantown, MD 20874.
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: November 16, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-25413 Filed 11-20-18; 8:45 am]
BILLING CODE 4915-01-P

58806 Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices DEPARTMENT OF STATE • Estimated Number of Responses: SURFACE TRANSPORTATION BOARD 192. [Public Notice 10595] [Docket No. FD 36245] • Average Time per Response: 15 60-Day Notice of Proposed Information minutes. Paul Didelius—Continuance in Control Collection: Overseas Schools Grant • Total Estimated Burden Time: 48 Exemption—KET, LLC Status Report hours. Paul Didelius (Didelius), an Notice of request for public ACTION: • Frequency: Annually. individual and noncarrier,1 has filed a comment. verified notice of exemption pursuant to • Obligation to Respond: Required to 49 CFR 1180.2(d)(2) to continue in SUMMARY: The Department of State is Obtain or Retain a Benefit. control of KET, LLC (KET), upon KET’s seeking Office of Management and We are soliciting public comments to becoming a Class III rail carrier. Budget (OMB) approval for the permit the Department to: This transaction is related to a information collection described below. • Evaluate whether the proposed concurrently filed verified notice of In accordance with the Paperwork information collection is necessary for exemption in KET, LLC—Operation Reduction Act of 1995, we are Exemption—Lines of Railroad in Benton the proper functions of the Department. requesting comments on this collection County, Wash., Docket No. FD 36244, in from all interested individuals and • Evaluate the accuracy of our which KET seeks Board approval under organizations. The purpose of this estimate of the time and cost burden for 49 CFR 1150.31 to operate two notice is to allow 60 days for public this proposed collection, including the industrial spurs totaling approximately comment preceding submission of the validity of the methodology and 1.28 miles in length in Kennewick and collection to OMB. assumptions used. Hedges, Benton County, Wash. DATES: The Department will accept • Enhance the quality, utility, and The transaction may be consummated comments from the public up to January clarity of the information to be on or after December 5, 2018, the 22, 2019. effective date of the exemption (30 days collected. ADDRESSES: You may submit comments after the verified notice of exemption • Minimize the reporting burden on was filed). by any of the following methods: those who are to respond, including the • Web: Persons with access to the Didelius represents that: (1) The rail use of automated collection techniques properties that will be operated and internet may comment on this notice by or other forms of information controlled by Didelius, namely LRY, going to www.Regulations.gov. You can technology. YCR, CCET, WRL, CWW, and KET, do search for the document by entering Please note that comments submitted not physically connect; (2) there are no ‘‘Docket Number: DOS–2018–0051’’ in in response to this Notice are public plans to acquire additional rail lines for the Search field. Then click the record. Before including any detailed the purpose of making a connection; ‘‘Comment Now’’ button and complete and (3) each of the carriers involved in the comment form. personal information, you should be • Email: shearertp@state.gov. the continuance in control transaction is aware that your comments as submitted, • Regular Mail: Send written a Class III carrier. Therefore, the including your personal information, transaction is exempt from the prior comments to: Office of Overseas will be available for public review. Schools, U.S. Department of State, 2201 approval requirements of 49 U.S.C. C Street NW, Washington, DC 20520. Abstract of Proposed Collection 11323. See 49 CFR 1180.2(d)(2). • Fax: 202–261–8224. Under 49 U.S.C. 10502(g), the Board You must include the DS form The Office of Overseas Schools of the may not use its exemption authority to number (if applicable), information Department of State (A/OPR/OS) is relieve a rail carrier of its statutory collection title, and the OMB control responsible for determining that obligation to protect the interests of its number in any correspondence. adequate educational opportunities employees. Section 11326(c), however, exist at Foreign Service Posts for does not provide for labor protection for FOR FURTHER INFORMATION CONTACT: dependents of U.S. Government transactions under §§ 11324 and 11325 Direct requests for additional personnel stationed abroad, and for that involve only Class III rail carriers. information regarding the collection assisting American-sponsored overseas Accordingly, the Board may not impose listed in this notice, including requests schools to demonstrate U.S. educational labor protective conditions here, for copies of the proposed collection philosophy and practice. The because all of the carriers involved are instrument and supporting documents, information gathered provides the Class III carriers. to Thomas Shearer, Department of State, If the verified notice contains false or Office of Overseas Schools, A/OPR/OS, technical and professional staff of A/ misleading information, the exemption Room H328, SA–1, Washington, DC OPR/OS the means by which 20522–0132, who may be reached on obligations, expenditures and 1 Didelius currently owns 100% of LRY, LLC 202–261–8200 or at shearertp@state.gov. reimbursements of the grant funds are d/b/a Lake Railway (LRY), a Class III carrier that SUPPLEMENTARY INFORMATION: monitored to ensure the grantee is in leases and operates rail lines owned by Union Pacific Railroad Company and Lake County, Or., in • Title of Information Collection: compliance with the terms of the grant. California and Oregon; 49% of YCR Corporation Overseas Schools Grant Status Report. (YCR), a Class III rail carrier established for the • OMB Control Number: 1405–0033. Methodology purpose of leasing and operating a line of railroad • Type of Request: Extension of a owned by Yakima County, Wash.; 100% of CCET, Information is collected via electronic khammond on DSK30JT082PROD with NOTICES LLC (CCET), a Class III short line rail carrier currently approved collection. • Originating Office: Bureau of and paper submission. organized for the purpose of leasing and operating a rail line owned by Norfolk Southern Railway Administration, A/OPR/OS. Seth M. Rogier, Company in Ohio; 100% of WRL, LLC (WRL), a • Form Number: DS–2028. Acting Executive Director, Bureau of Class III carrier that leases and operates a rail line • Respondents: Overseas schools Administration, Department of State. owned by Port of Royal Slope, a Washington state municipal corporation, in Washington; and 100% of grantees. CWW, LLC (CWW), a Class III carrier that leases • Estimated Number of Respondents: [FR Doc. 2018–25365 Filed 11–20–18; 8:45 am] and operates a line of railroad owned by the Port 192. BILLING CODE 4710–24–P of Columbia, Wash. VerDate Sep<11>2014 16:08 Nov 20, 2018 Jkt 247001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\21NON1.SGM 21NON1

Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices 58807 is void ab initio. Petitions to revoke the the application must be filed by The Board finds that the proposed exemption under 49 U.S.C. 10502(d) February 1, 2019. transaction (the Lease) is a ‘‘minor may be filed at any time. The filing of The Board expects to issue its final transaction’’ under 49 CFR 1180.2(c) a petition to revoke will not decision by April 19, 2019, and to make and that the application is complete. automatically stay the effectiveness of the decision effective by May 19, 2019. The Board adopts a procedural schedule the exemption. Petitions for stay must For further information respecting dates, for consideration of the application, be filed no later than November 28, see the procedural schedule below. under which the Board’s final decision 2018 (at least seven days before the ADDRESSES: Any filing submitted on the would be expected to be issued by April exemption becomes effective). transportation merits in this proceeding 19, 2019, and would become effective An original and 10 copies of all must be submitted either via the Board’s by May 19, 2019. pleadings, referring to Docket No. FD e-filing format or in the traditional As a condition to the Lease, CSXT 36245, must be filed with the Surface paper format. Any person using e-filing states that it has agreed to seek authority Transportation Board, 395 E Street SW, should attach a document and otherwise to abandon two lines that are not part Washington, DC 20423–0001. In comply with the instructions found on of the Line in order to allow Georgia to addition, one copy of each pleading the Board’s website at www.stb.gov at expand its Silver Comet recreational must be served on James H.M. Savage, the ‘‘E–FILING’’ link. Any person trail: (1) A 2.32-mile long railroad line 22 Rockingham Court, Germantown, MD submitting a filing in the traditional between milepost S.G. 579.29 and 20874. paper format should send an original milepost S.G. 581.61 in Cobb County, Board decisions and notices are and 10 paper copies of the filing (and Ga., see CSX Transportation, Inc.— available on our website at www.stb.gov. also an electronic version) to: Surface Abandonment Exemption—in Cobb Transportation Board, 395 E Street SW, County, Ga., AB 55 (Sub-No. 784X); and Decided: November 16, 2018. Washington, DC 20423–0001. In (2) a 4.3-mile line between milepost S.G. By the Board, Scott M. Zimmerman, Acting 579.29 and milepost 575.00 in Cobb Director, Office of Proceedings. addition, one copy of each filing in this proceeding must be sent (and may be County, Ga. (Appl. 18.) Jeffrey Herzig, CSXT is a Class I railroad and W&A sent by email only if service by email is Clearance Clerk. is a non-operating Class III railroad that acceptable to the recipient) to each of [FR Doc. 2018–25413 Filed 11–20–18; 8:45 am] the following: (1) U.S. Secretary of is owned by Georgia, acting by and BILLING CODE 4915–01–P Transportation, 1200 New Jersey through the State Properties Avenue SE, Washington, DC 20590; (2) Commission. (Appl. 3, 5.) According to Attorney General of the United States, CSXT, it and its predecessors have been SURFACE TRANSPORTATION BOARD c/o Assistant Attorney General, the only railroads operating the Line Antitrust Division, Room 3109, since 1890. (Id. at 4.) CSXT states that [Docket No. FD 36220] Department of Justice, Washington, DC it provides overhead and local service 20530; (3) Louis E. Gitomer over the Line, that the Norfolk Southern CSX Transportation, Inc.—Lease— Railway Company (NSR) intersects with Western and Atlantic Railroad (representing CSXT), Law Offices of Louis E. Gitomer, LLC, 600 Baltimore the Line in Chattanooga, Tenn., and AGENCY: Surface Transportation Board. Avenue, Suite 301, Towson, MD 21204; Dalton, Ga.,1 and that CSXT and (4) any other person designated as interchanges traffic in Elizabeth, Ga., ACTION: Decision No. 1 in FD 36220; a POR on the service list notice (as with the Georgia Northeastern Railroad Notice of Acceptance of Application; explained below, the service list notice Company, Inc. (GNRR). (Id.) CSXT states Issuance of Procedural Schedule. will be issued as soon after December 5, that the current lease expires on SUMMARY: This decision accepts for 2018, as practicable). December 31, 2019, and that the new consideration the application by CSX lease for the Line is for an additional 50 FOR FURTHER INFORMATION CONTACT: Lisa Transportation, Inc. to continue to lease years. (Id. at 14, 17.) CSXT further states Novins, (202) 245–0389. Assistance for that it will retain responsibility for approximately 137.33 miles of rail line the hearing impaired is available of the Western and Atlantic Railroad dispatching, track maintenance, capital through the Federal Information Relay improvements, and serving shippers from the State of Georgia. The Board Service (FIRS) at 1–800–877–8339. determines that this is a minor under the Lease. (Id. at 14.) SUPPLEMENTARY INFORMATION: The Discontinuances/Abandonments. transaction as defined by the Board’s Surface Transportation Board (Board) is regulations and adopts a procedural CSXT states that it does not anticipate accepting for consideration the discontinuing service over or schedule. application submitted on October 22, abandoning the Line or any portion of DATES: The effective date of this 2018, by CSX Transportation, Inc. the Line. (Appl. 18.) However, CSXT decision is November 21, 2018. Any (CSXT). CSXT seeks Board approval has agreed to seek authority to abandon person who wishes to participate in this under 49 U.S.C. 11323 to continue to two of its lines that are not part of the proceeding as a party of record (POR) lease from the State of Georgia (Georgia) Line to allow Georgia to expand its must file a notice of intent to participate approximately 137.33 miles of rail line Silver Comet recreational trail, which is no later than December 5, 2018. All of the Western and Atlantic Railroad a material condition of the Lease. (Appl. comments, protests, requests for (W&A), a non-operating carrier owned 18, citing id. at Ex. 2, Lease, section conditions, and any other evidence and by Georgia, acting by and through the 11.03.) On October 15, 2018, CSXT filed argument in opposition to the State Properties Commission, between a verified notice of exemption under 49 application, including filings by the milepost 0 at Central Avenue in the City khammond on DSK30JT082PROD with NOTICES CFR pt. 1152 subpart F—Exempt U.S. Department of Justice (DOJ) and the of Atlanta, Ga., and milepost 137.28 at Abandonments to abandon the 2.32- U.S. Department of Transportation the centerline of Interstate 24 in the City mile line between milepost S.G. 579.29 (DOT), must be filed by January 4, 2019. of Chattanooga, Tenn. (the Line). On and milepost S.G. 581.61 in Cobb Responses to comments, protests, November 2, 2018, Georgia, acting by County, Ga. in Docket No. AB 55 (Sub- requests for conditions, and other and through the State Properties opposition on the transportation merits Commission, filed a letter in support of 1 CSXT does not indicate whether it interchanges of the Lease, and rebuttal in support of CSXT’s application. traffic with NSR at these locations. VerDate Sep<11>2014 16:08 Nov 20, 2018 Jkt 247001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\21NON1.SGM 21NON1


Document Created: 2018-11-21 03:12:09
Document Modified: 2018-11-21 03:12:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 58806 
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