Florida Department of Transportation-Acquisition Exemption-Certain Assets of CSX Transportation, Inc., 17896-17897 [E9-8702]

Download as PDF 17896 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices Copies: Request for clearance (OMB 83–1), supporting statement, and other documents submitted to OMB for review may be obtained from the Agency Clearance Officer. Address all comments concerning this notice to: Agency Clearance Officer, Jacqueline White, Small Business Administration, 409 3rd Street, SW., 5th Floor, Washington, DC 20416; and OMB Reviewer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Jacqueline White, Agency Clearance Officer, (202) 205–7044. SUPPLEMENTARY INFORMATION: Title: HUBZone Program Electronic Application, Recertification and Program Examination. SBA Form Number: 2103. Frequency: On occasion. Description of Respondents: Small Businesses Seeking Certification. Responses: 6,375. Annual Burden: 10,725. Title: Transaction report on Loans Serviced by Lenders. SBA Form Number: 172. Frequency: On Occasion. Description of Respondents: Small Businesses Administration Participating Lenders. Responses: 11,134. Annual Burden: 3,352. mstockstill on PROD1PC66 with NOTICES Title: Notice of Award and Grant Cooperative Agreement Sharing Proposal. SBA Form Number’s: 1222 and 1224. Frequency: On occasion. Description of Respondents: Participating Colleges and Grants Management Offices. Responses: 2,592. Annual Burden: 202,261. Title: Small Business Administration (SBA) Surety Bond Guarantee Customer Survey. SBA Form Number: 2309. Frequency: On occasion. Description of Respondents: Surety companies. Responses: 382. Annual Burden: 13. SMALL BUSINESS ADMINISTRATION SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11705 and #11706] [License No. 09/79–0453] Minnesota Disaster #MN–00021 Telegraph Hill Partners SBIC, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Minnesota (FEMA–1830– DR), dated 04/09/2009. Incident: Severe Storms and Flooding. Incident Period: 03/16/2009 and continuing. Effective Date: 04/09/2009. Physical Loan Application Deadline Date: 06/08/2009. Economic Injury (Eidl) Loan Application Deadline Date: 01/09/2010. ADDRESSES: Submit completed loan applications to: Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: Alan Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 04/09/2009, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Clay, Kittson, Marshall, Norman, Polk, Traverse, Wilkin. The Interest Rates are: SUMMARY: Percent Other (Including Non-Profit Organizations) With Credit Available Elsewhere: ................................ Businesses And Non-Profit Organizations Without Credit Available Elsewhere: ........................ BILLING CODE 8025–01–P 4.000 DEPARTMENT OF TRANSPORTATION The number assigned to this disaster for physical damage is 11705B and for economic injury is 11706B. Surface Transportation Board (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Florida Department of Transportation—Acquisition Exemption—Certain Assets of CSX Transportation, Inc. James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E9–8793 Filed 4–16–09; 8:45 am] BILLING CODE 8025–01–P BILLING CODE 8025–01–P 16:13 Apr 16, 2009 Jkt 217001 Dated: February 19, 2009. Harry Haskins, Acting Associate Administrator for Investment. [FR Doc. E9–8794 Filed 4–16–09; 8:45 am] 4.500 Jacqueline White, Chief, Administrative Information Branch. [FR Doc. E9–8790 Filed 4–16–09; 8 VerDate Nov<24>2008 Notice is hereby given that Telegraph Hill Partners SBIC, L.P., 360 Post Street, Suite 601, San Francisco, CA 94108, a Federal Licensee under the Small Business Investment Act of 1958, as amended (‘‘the Act’’), in connection with the financing of a small concern, has sought an exemption under Section 312 of the Act and Section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (‘‘SBA’’) Rules and Regulations (13 CFR 107.730). Telegraph Hill Partners SBIC, L.P. proposes to provide equity security financing to Althea Technologies, Inc., 11040 Roselle Street, San Diego, CA 92121. The financing is contemplated for working capital and general corporate purposes. The financing is brought within the purview of section 107.730(a)(1) of the Regulations because Telegraph Hill Partners II, L.P., THP II Affiliates Fund, L.P., and THP Affiliates Fund, L.P., all Associates of Telegraph Hill Partners SBIC, L.P., own more than ten percent of Althea Technologies, Inc. Therefore, this transaction is considered a financing of an Associate requiring an exemption. Notice is hereby given that any interested person may submit written comments on the transaction within fifteen days of the date of this publication to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 [STB Finance Docket No. 35110] Florida Department of Transportation (FDOT), a noncarrier, has filed a verified notice of exemption under 49 CFR E:\FR\FM\17APN1.SGM 17APN1 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices mstockstill on PROD1PC66 with NOTICES 1150.31 to acquire from CSX Transportation, Inc. (CSXT) certain physical assets and associated right-ofway, including approximately 61.5 miles of rail line, the Orlando Line, extending between milepost A–749.7 in DeLand, and milepost A–814–1 in Poinciana, Volusia, Seminole, Orange, and Osceola Counties, FL.1 FDOT states that it will acquire neither the right nor ability to provide or control freight service on the Orlando Line but will develop and operate a commuter rail system on the Orlando Line.2 CSXT, according to FDOT, will continue to provide all common carrier rail freight service over the Orlando Line, retaining an exclusive and perpetual freight operating easement.3 FDOT will also obtain an option to acquire from CSXT the physical assets and associated right-of-way of CSXT’s Aloma Spur extending from a connection with the Orlando Line at milepost AU–766.0 in Sanford, to milepost AU–771.8, near Airport Boulevard and the Orlando/Sanford International Airport, a distance of approximately 5.8 miles, and CSXT’s DeLand Spur extending from a connection with the Orlando Line at milepost ASE–750.3 (DeLand Junction) to milepost ASE–753.3, near downtown DeLand, a distance of approximately 3.0 miles. FDOT does not intend to acquire the Aloma Spur and DeLand Spur at this time, but they are included so that any jurisdictional determination made by the Board pursuant to FDOT’s motion to dismiss will also cover those tracks.4 The transaction is scheduled to take place on June 30, 2009 (after the May 3, 2009 effective date of the exemption). If the verified notice contains false or misleading information, the exemption 1 FDOT indicates that, due to a relocation project in Sanford, FL, the distance between milepost A– 768 and milepost A–771 is only 749 feet. Accordingly, the actual length of the line is 2.9 miles shorter than indicated by its milepost termini. 2 Because, FDOT asserts that it is not acquiring a common carrier obligation to provide freight service, FDOT has also included a motion to dismiss in this proceeding. The motion will be addressed in a subsequent Board decision. 3 Florida Central Railroad Company, Inc., an existing tenant of CSXT, will continue to operate over a portion of the Orlando Line for purposes of interchanging traffic with CSXT, and the National Railroad Passenger Corporation, also an existing tenant of CSXT, will continue to operate four daily passenger trains over the length of the Orlando Line. 4 FDOT does not include a time frame for any future transactions. FDOT is put on notice that a substantial lag time between the publication of this notice and any future transactions could put in doubt the validity of the notice requirements pertaining to any new transactions. Accordingly, the Board reserves the right to require any future transactions to be noticed in the Federal Register before the Board can entertain a motion to dismiss. VerDate Nov<24>2008 16:13 Apr 16, 2009 Jkt 217001 is void ab initio. Petitions to reopen the proceeding 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 transaction. Petitions for stay will be due no later than April 24, 2009 (at least 7 days before the effective date of the exemption). An original and 10 copies of all pleadings referring to STB Finance Docket No. 35110 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 William C. Sippel, Fletcher & Sippel, LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 10, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–8702 Filed 4–16–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–1027X] Seaside Holdings, Inc.— Discontinuance of Service Exemption—in Harlan County, KY Seaside Holdings, Inc. (Seaside) has filed a verified notice of exemption under 49 CFR part 1152 subpart F— Exempt Abandonments and Discontinuances of Service to discontinue service over a 12.56-mile line of railroad extending from milepost OWH 258.5 to the end of the track at milepost OWH 271.06 in Harlan County, KY. The line traverses United States Postal Service Zip Codes 40828, 40843 and 40927.1 Seaside has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service 1 Seaside initially filed this notice on March 12, 2009, but supplemented it on March 19, 2009 to comply fully with the requirement of 49 CFR 1152.50(d) that the railroad seeking the exemption notify certain governmental entities 10 days prior to filing the notice of exemption. Therefore, 10 days from the filing of the supplement (March 30, 2009) will be considered the official filing date of this notice of exemption. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 17897 over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.2 As a condition to this exemption, any employee adversely affected by the discontinuance of service shall be protected under Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on May 19, 2009, unless stayed pending reconsideration.3 Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA for continued rail service under 49 CFR 1152.27(c)(2),4 must be filed by April 27, 2009.5 Petitions to reopen must be filed by May 7, 2009, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to Seaside’s representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1920 N Street, NW., 8th floor, Washington, DC 20036. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 3, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–8069 Filed 4–16–09; 8:45 am] BILLING CODE 4915–01–P 2 Because this is a discontinuance of service proceeding and not an abandonment, the proceeding is exempt from the requirements of 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), and 49 CFR 1105.11 (transmittal letter). 3 Applicant states that its anticipated consummation date is May 4, 2009. Because of the new file date, this transaction cannot be consummated before May 19, 2009. 4 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services– 2008 Update, STB Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 2008). 5 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Pages 17896-17897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8702]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35110]


Florida Department of Transportation--Acquisition Exemption--
Certain Assets of CSX Transportation, Inc.

    Florida Department of Transportation (FDOT), a noncarrier, has 
filed a verified notice of exemption under 49 CFR

[[Page 17897]]

1150.31 to acquire from CSX Transportation, Inc. (CSXT) certain 
physical assets and associated right-of-way, including approximately 
61.5 miles of rail line, the Orlando Line, extending between milepost 
A-749.7 in DeLand, and milepost A-814-1 in Poinciana, Volusia, 
Seminole, Orange, and Osceola Counties, FL.\1\
---------------------------------------------------------------------------

    \1\ FDOT indicates that, due to a relocation project in Sanford, 
FL, the distance between milepost A-768 and milepost A-771 is only 
749 feet. Accordingly, the actual length of the line is 2.9 miles 
shorter than indicated by its milepost termini.
---------------------------------------------------------------------------

    FDOT states that it will acquire neither the right nor ability to 
provide or control freight service on the Orlando Line but will develop 
and operate a commuter rail system on the Orlando Line.\2\ CSXT, 
according to FDOT, will continue to provide all common carrier rail 
freight service over the Orlando Line, retaining an exclusive and 
perpetual freight operating easement.\3\
---------------------------------------------------------------------------

    \2\ \\ Because, FDOT asserts that it is not acquiring a common 
carrier obligation to provide freight service, FDOT has also 
included a motion to dismiss in this proceeding. The motion will be 
addressed in a subsequent Board decision.
    \3\ Florida Central Railroad Company, Inc., an existing tenant 
of CSXT, will continue to operate over a portion of the Orlando Line 
for purposes of interchanging traffic with CSXT, and the National 
Railroad Passenger Corporation, also an existing tenant of CSXT, 
will continue to operate four daily passenger trains over the length 
of the Orlando Line.
---------------------------------------------------------------------------

    FDOT will also obtain an option to acquire from CSXT the physical 
assets and associated right-of-way of CSXT's Aloma Spur extending from 
a connection with the Orlando Line at milepost AU-766.0 in Sanford, to 
milepost AU-771.8, near Airport Boulevard and the Orlando/Sanford 
International Airport, a distance of approximately 5.8 miles, and 
CSXT's DeLand Spur extending from a connection with the Orlando Line at 
milepost ASE-750.3 (DeLand Junction) to milepost ASE-753.3, near 
downtown DeLand, a distance of approximately 3.0 miles. FDOT does not 
intend to acquire the Aloma Spur and DeLand Spur at this time, but they 
are included so that any jurisdictional determination made by the Board 
pursuant to FDOT's motion to dismiss will also cover those tracks.\4\
---------------------------------------------------------------------------

    \4\ \\ FDOT does not include a time frame for any future 
transactions. FDOT is put on notice that a substantial lag time 
between the publication of this notice and any future transactions 
could put in doubt the validity of the notice requirements 
pertaining to any new transactions. Accordingly, the Board reserves 
the right to require any future transactions to be noticed in the 
Federal Register before the Board can entertain a motion to dismiss.
---------------------------------------------------------------------------

    The transaction is scheduled to take place on June 30, 2009 (after 
the May 3, 2009 effective date of the exemption).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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 
transaction. Petitions for stay will be due no later than April 24, 
2009 (at least 7 days before the effective date of the exemption).
    An original and 10 copies of all pleadings referring to STB Finance 
Docket No. 35110 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 William C. Sippel, Fletcher & Sippel, 
LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 10, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-8702 Filed 4-16-09; 8:45 am]
BILLING CODE 4915-01-P