SteelRiver Infrastructure Fund North America LP, SteelRiver Devco Holdings LLC and SR Transportation Holdings LLC-Control Exemption-Georgia Northeastern Railroad Company, Inc. and Blue Ridge Scenic Excursions, Inc., 66969-66970 [2015-27731]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices Respondents: Regulated railroads that did not submit carload waybill sample information to the STB in the previous year. Number of Respondents: 523. Estimated Time per Response: .5 hours. Frequency: Annually. Total Burden Hours (annually including all respondents): 60. Total ‘‘Non-hour Burden’’ Cost: None identified. Filings are submitted electronically to the Board. Needs and Uses: Under the Interstate Commerce Act, as amended by the ICC Termination Act of 1995, Pub. L. 104– 88, 109 Stat. 803 (1995), the Board is responsible for the economic regulation of common carrier rail transportation, including the collection and administration of the Carload Waybill Sample. Under 49 CFR part 1244, a railroad terminating 4,500 or more carloads, or terminating at least 5% of the total revenue carloads that terminate in a particular state, in any of the three preceding years is required to file carload waybill sample information (Waybill Sample) for all line-haul revenue waybills terminating on its lines. (The Waybill Sample collection is approved under OMB Control Number 2140–0015, which expires on June 30, 2017.) The information in the Waybill Sample is used to monitor traffic flows and rate trends in the industry. In order to determine whether any of the surveyed railroads should be filing a Waybill Sample, the Board needs to collect the information in the Waybill Compliance Survey—information on the number of carloads of traffic terminated each year by U.S. railroads—from railroads that are not filing a Waybill Sample. In addition, information collected in the Waybill Compliance Survey, on a voluntary basis, about the total operating revenue of each railroad helps to determine whether respondents are subject to other statutory or regulatory requirements. Because many of the Board’s reporting requirements apply only to railroads with large operating revenues, accurate determinations regarding the size of a railroad’s operating revenues help the Board minimize the reporting burden for smaller railroads. The Board has authority to collect this information under 49 U.S.C. 11144–45, and under 49 CFR 1244.2. DATES: Comments on this information collection should be submitted by December 29, 2015. ADDRESSES: Direct all comments to Chris Oehrle, Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001, or to PRA@stb.dot.gov. VerDate Sep<11>2014 17:37 Oct 29, 2015 Jkt 238001 When submitting comments, please refer to ‘‘Waybill Compliance Survey.’’ For further information regarding this collection or to obtain a copy of this collection form, the ‘‘Annual Waybill Compliance Survey,’’ contact Pedro Ramirez at (202) 245–0333 or at pedro.ramirez@stb.dot.gov. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] SUPPLEMENTARY INFORMATION: Under the PRA, a federal agency that conducts or sponsors a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under § 3506(c)(2)(A) of the PRA, federal agencies are required to provide, prior to an agency’s submitting a collection to OMB for approval, a 60-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. Dated: October 27, 2015. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015–27726 Filed 10–29–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35967] SteelRiver Infrastructure Fund North America LP, SteelRiver Devco Holdings LLC and SR Transportation Holdings LLC—Control Exemption— Georgia Northeastern Railroad Company, Inc. and Blue Ridge Scenic Excursions, Inc. SteelRiver Infrastructure Fund North America LP (SteelRiver), SteelRiver Devco Holdings LLC (Devco), and SR Transportation Holdings LLC (SRTH) (collectively, Applicants), all noncarriers, have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire control of Georgia Northeastern Railroad Company, Inc. (GNRR) and its subsidiary, Blue Ridge Scenic Excursions, Inc. (BRSE).1 1 Applicants seek to acquire control of GNRR, a Class III carrier, and BRSE, which, according to Applicants, ‘‘operates a scenic excursion train service over track leased from GNRR during March through December between Blue Ridge and PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 66969 Applicants state that SRTH intends to acquire the shares of GNRR on or after November 15, 2015, the effective date of the exemption (30 days after the verified notice of exemption was filed). SRTH is owned by Devco, which in turn is owned by SteelRiver. Devco and SRTH do not control any carriers. SteelRiver is owned by a diverse group of U.S. and foreign pension funds, insurance companies, and other investors. SteelRiver controls PRC Funding LLC, a noncarrier, which controls Patriot Funding LLC, a noncarrier, which controls PRC Holdings LLC, a noncarrier, which controls PRC Midco LLC, a noncarrier, which controls Patriot Rail Company LLC, (Patriot), a noncarrier. Patriot controls 13 Class III railroads (collectively, the Subsidiary Railroads). For a complete list of these rail carriers, and the states in which they operate, see the notice of exemption filed on October 16, 2015, in this proceeding. The notice is available on the Board’s web at WWW.STB.DOT.GOV. GNRR operates approximately 105.92 miles of railroad between Marietta and Mineral Bluff, Ga. GNRR owns about 48 miles, leases about 32.74 miles from the CSX Transporation, Inc., and leases about 25.18 miles from the Georgia Department of Transportation, including industrial, spur and other track. According to Applicants, SRTH entered into a Stock Purchase Agreement (the Agreement) 2 dated October 16, 2015, with GNRR; BRSE; Wilds L. Pierce; Kevin F. O’Gara, Sr.; Carolyn T. McAfee; Estate of Charles C. Schoen, III; Michael L. Pierce; Stephen K. Slayden; Kevin S. Slayden; The John Randolph Seckman Residuary Trust; Donnie L. Plumley; James A. Day; B. Thomas Lockett; and Joy F. Hardin. Under the Agreement, SRTH will acquire all of the common stock of GNRR. The notice therefore seeks exemption for SRTH to acquire control, and for Devco and SteelRiver to indirectly acquire control, of GNRR and BRSE. Applicants state that: (1) The Subsidiary Railroads will not connect with GNRR and BRSE; (2) the proposed transaction is not part of a series of anticipated transactions that would connect the railroads with each other or Copperhill, Ga.’’ BRSE does not appear to be a Class III carrier, and, if it is not, the exemption will apply only to GNRR. 2 A redacted version of the Agreement was filed with the notice of exemption. Applicants simultaneously filed a motion for protective order to protect the confidential and commercially sensitive information contained in the unredacted version of the Agreement, which Applicants submitted under seal. That motion will be addressed in a separate decision. E:\FR\FM\30OCN1.SGM 30OCN1 66970 Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES with any railroads in the corporate family; and (3) the proposed transaction does not involve a Class I rail carrier. The proposed transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2). Applicants state that the proposed transaction is intended to promote the investment objectives of SteelRiver, Devco, and SRTH and to improve the efficiency, financial strength, and ability of GNRR and BRSE to meet the needs of shippers. There are no current plans to make substantial changes in the dayto-day operations of GNRR or BRSE, to sell GNRR or BRSE, or to abandon rail lines in connection with the proposed transaction. Applicants state that they do not contemplate making significant changes in the current workforces at GNRR or BRSE. 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 §§ 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 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 by November 6, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35967 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: Louis E. Gitomer, Esq., Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. Board decisions and notices are available on our Web site at: ‘‘WWW.STB.DOT.GOV’’. Decided: October 27, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Tia Delano, Clearance Clerk. [FR Doc. 2015–27731 Filed 10–29–15; 8:45 am] BILLING CODE 4915–01–P VerDate Sep<11>2014 17:37 Oct 29, 2015 Jkt 238001 DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT–OST–2015–0211] 60-Day Notice of Request for Renewal of a Previously Approved Collection Office of the Secretary (OST), Department of Transportation (Department) or (DOT). ACTION: Notice and request for comments. AGENCY: The Office of the Secretary, Office of Small and Disadvantaged Business Utilization (OSDBU), invites public comments about our intention to request the Office of Management and Budget’s (OMB) approval to renew a collection. This collection renewal request includes one Short Term Lending Program (STLP) application used for both new loan guarantee applicants and renewal loan guarantee applicants. The information collected in the STLP application will determine the applicant’s eligibility and is necessary to approve or deny a loan. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995, Public Law 104– 13. DATES: Written comments should be submitted by December 29, 2015. ADDRESSES: You may submit your comments identified by DOT–OST– 2015–0211 by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov/. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail or Hand Delivery: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Room W12– 140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. FOR FURTHER INFORMATION CONTACT: John Ralston, Manager, Financial Assistance Division, Office of Small and Disadvantaged Business Utilization, Office of the Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, Routing Symbol S–40, 202–366–5577 (phone) or john.ralston@dot.gov (email). Supplementary Information: Title: Short Term Lending Program Application for a Loan Guarantee. OMB Control No.: 2105–0555. Background: OSDBU’s Short Term Lending Program (STLP) offers certified Disadvantaged Business Enterprises (DBEs) and other certified Small SUMMARY: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 Businesses (8a, women-owned, small disadvantaged, HUBZone, veteran owned, and service disabled veteran owned) the opportunity to obtain short term working capital at variable interest rates for transportation-related projects. The STLP provides Participating Lenders (PLs) a guarantee, up to 75%, on a revolving line of credit up to a $750,000 maximum. These loans are provided through lenders that serve as STLP PLs. The term on the line of credit is up to one (1) year, which may be renewed for five (5) years. A potential or renewal STLP participant must submit a guaranteed loan application package. The guaranteed loan application includes the STLP application, checklist, and instructions. Respondents: Certified Disadvantaged Business Enterprises (DBEs) and other certified Small Businesses (8a, womenowned, small disadvantaged, HUBZone, veteran owned, and service disabled veteran owned) interested in financing their transportation-related contracts. DOT Form 2301–1(REV.1): Short Term Lending Program Application for Loan Guarantee: A potential or renewal STLP participant must submit a guaranteed loan application package. The guaranteed loan application includes the STLP application and supporting documentation to be collected from the checklist in the application. The application may be obtained directly from OSDBU, the Regional Small Business Transportation Resource Centers, from a PL, or online from the agency’s Web site, currently at http://www.transportation.gov/osdbu/ financial-assistance/short-term-lendingprogram. Respondents: Small Businesses, 100. Frequency: Once. Estimated Average Burden per Response: 2 hours. Estimated Total Annual Burden Hours: 200 hours. Supporting documentation: Required documentation shall include, but is not limited to, the following items: a. Business, trade, or job performance reference letters; b. DBE or other eligible certification letters; c. Aging report of receivables and payables; d. Business tax returns; e. Business financial statements; f. Personal income tax returns; g. Personal financial statements; h. Schedule of work in progress (WIP); i. Signed and dated copy of transportation-related contracts; j. Business debt schedule; k. Cash flow projections; l. Owner(s) and key management resumes. E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66969-66970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27731]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35967]


SteelRiver Infrastructure Fund North America LP, SteelRiver Devco 
Holdings LLC and SR Transportation Holdings LLC--Control Exemption--
Georgia Northeastern Railroad Company, Inc. and Blue Ridge Scenic 
Excursions, Inc.

    SteelRiver Infrastructure Fund North America LP (SteelRiver), 
SteelRiver Devco Holdings LLC (Devco), and SR Transportation Holdings 
LLC (SRTH) (collectively, Applicants), all noncarriers, have jointly 
filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to 
acquire control of Georgia Northeastern Railroad Company, Inc. (GNRR) 
and its subsidiary, Blue Ridge Scenic Excursions, Inc. (BRSE).\1\
---------------------------------------------------------------------------

    \1\ Applicants seek to acquire control of GNRR, a Class III 
carrier, and BRSE, which, according to Applicants, ``operates a 
scenic excursion train service over track leased from GNRR during 
March through December between Blue Ridge and Copperhill, Ga.'' BRSE 
does not appear to be a Class III carrier, and, if it is not, the 
exemption will apply only to GNRR.
---------------------------------------------------------------------------

    Applicants state that SRTH intends to acquire the shares of GNRR on 
or after November 15, 2015, the effective date of the exemption (30 
days after the verified notice of exemption was filed).
    SRTH is owned by Devco, which in turn is owned by SteelRiver. Devco 
and SRTH do not control any carriers. SteelRiver is owned by a diverse 
group of U.S. and foreign pension funds, insurance companies, and other 
investors. SteelRiver controls PRC Funding LLC, a noncarrier, which 
controls Patriot Funding LLC, a noncarrier, which controls PRC Holdings 
LLC, a noncarrier, which controls PRC Midco LLC, a noncarrier, which 
controls Patriot Rail Company LLC, (Patriot), a noncarrier. Patriot 
controls 13 Class III railroads (collectively, the Subsidiary 
Railroads). For a complete list of these rail carriers, and the states 
in which they operate, see the notice of exemption filed on October 16, 
2015, in this proceeding. The notice is available on the Board's web at 
WWW.STB.DOT.GOV.
    GNRR operates approximately 105.92 miles of railroad between 
Marietta and Mineral Bluff, Ga. GNRR owns about 48 miles, leases about 
32.74 miles from the CSX Transporation, Inc., and leases about 25.18 
miles from the Georgia Department of Transportation, including 
industrial, spur and other track.
    According to Applicants, SRTH entered into a Stock Purchase 
Agreement (the Agreement) \2\ dated October 16, 2015, with GNRR; BRSE; 
Wilds L. Pierce; Kevin F. O'Gara, Sr.; Carolyn T. McAfee; Estate of 
Charles C. Schoen, III; Michael L. Pierce; Stephen K. Slayden; Kevin S. 
Slayden; The John Randolph Seckman Residuary Trust; Donnie L. Plumley; 
James A. Day; B. Thomas Lockett; and Joy F. Hardin. Under the 
Agreement, SRTH will acquire all of the common stock of GNRR. The 
notice therefore seeks exemption for SRTH to acquire control, and for 
Devco and SteelRiver to indirectly acquire control, of GNRR and BRSE.
---------------------------------------------------------------------------

    \2\ A redacted version of the Agreement was filed with the 
notice of exemption. Applicants simultaneously filed a motion for 
protective order to protect the confidential and commercially 
sensitive information contained in the unredacted version of the 
Agreement, which Applicants submitted under seal. That motion will 
be addressed in a separate decision.
---------------------------------------------------------------------------

    Applicants state that: (1) The Subsidiary Railroads will not 
connect with GNRR and BRSE; (2) the proposed transaction is not part of 
a series of anticipated transactions that would connect the railroads 
with each other or

[[Page 66970]]

with any railroads in the corporate family; and (3) the proposed 
transaction does not involve a Class I rail carrier. The proposed 
transaction is therefore exempt from the prior approval requirements of 
49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2).
    Applicants state that the proposed transaction is intended to 
promote the investment objectives of SteelRiver, Devco, and SRTH and to 
improve the efficiency, financial strength, and ability of GNRR and 
BRSE to meet the needs of shippers. There are no current plans to make 
substantial changes in the day-to-day operations of GNRR or BRSE, to 
sell GNRR or BRSE, or to abandon rail lines in connection with the 
proposed transaction. Applicants state that they do not contemplate 
making significant changes in the current workforces at GNRR or BRSE.
    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 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 by November 6, 2015 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35967 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: Louis E. Gitomer, Esq., Law Offices of 
Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 
21204.
    Board decisions and notices are available on our Web site at: 
``WWW.STB.DOT.GOV''.

    Decided: October 27, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2015-27731 Filed 10-29-15; 8:45 am]
BILLING CODE 4915-01-P