Finger Lakes Railway Corp.-Sublease and Operation Exemption-Seneca County Industrial Development Agency, 25750-25751 [2016-10092]

Download as PDF 25750 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices the self-regulatory organization consents, the Commission will: (A) By order approve or disapprove the proposed rule change, or (B) institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: asabaliauskas on DSK3SPTVN1PROD with NOTICES Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR– NYSE–2016–30 on the subject line. Paper Comments • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. 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Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–NYSE– 2016–30 and should be submitted on or before May 20, 2016. VerDate Sep<11>2014 18:31 Apr 28, 2016 Jkt 238001 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.14 Robert W. Errett, Deputy Secretary. [FR Doc. 2016–09975 Filed 4–28–16; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #14703 and #14704] The Interest Rates are: Percent For Physical Damage: Non-Profit Organizations With Credit Available Elsewhere ... Non-Profit Organizations Without Credit Available Elsewhere ..................................... For Economic Injury: Non-Profit Organizations Without Credit Available Elsewhere ..................................... 2.625 2.625 2.625 Louisiana Disaster #LA–00063 The number assigned to this disaster for physical damage is 147036 and for economic injury is 147046. 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 Louisiana (FEMA–4263– DR), dated 04/20/2016. Incident: Severe Storms and Flooding. Incident Period: 03/08/2016 through 04/08/2016. Effective Date: 04/20/2016. Physical Loan Application Deadline Date: 06/20/2016. Economic Injury (EIDL) Loan Application Deadline Date: 01/20/2017. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. 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 04/20/2016, 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: Allen, Ascension, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Catahoula, Claiborne, De Soto, East Carroll, Franklin, Grant, Jackson, La Salle, Lafourche, Lincoln, Livingston, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River, Richland, Sabine, Saint Helena, Saint Tammany, Tangipahoa, Union, Vernon, Washington, Webster, West Carroll, Winn. SUMMARY: 14 17 PO 00000 CFR 200.30–3(a)(12). Frm 00111 Fmt 4703 Sfmt 4703 (Catalog of Federal Domestic Assistance Number 59008) James E. Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2016–10071 Filed 4–28–16; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION Military Reservist Economic Injury Disaster Loans Interest Rate for Third Quarter FY 2016 In accordance with the Code of Federal Regulations 13—Business Credit and Assistance § 123.512, the following interest rate is effective for Military Reservist Economic Injury Disaster Loans approved on or after April 22, 2016. Military Reservist Loan Program— 4.000% Dated: April 21, 2016. James E. Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2016–10072 Filed 4–28–16; 8:45 am] BILLING CODE 8025–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36024] Finger Lakes Railway Corp.—Sublease and Operation Exemption—Seneca County Industrial Development Agency Finger Lakes Railway Corp. (FGLK), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to sublease from Seneca County Industrial Development Agency (Agency), and operate, approximately 26.44 miles of railroad located in New York as follows: (1) Auburn Secondary, between milepost 37.56 at the Seneca/ Cayuga County line and milepost 50.50 at or near Geneva, a distance of 12.94 miles; and (2) Geneva Running Track, E:\FR\FM\29APN1.SGM 29APN1 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES between milepost 342.80 at the Ontario/ Seneca County line and milepost 329.30 at or near Kendaia, a distance of 13.50 miles.1 The Agency and FGLK state that the Agency currently owns the rail lines but FGLK is responsible for all railroad operations over the rail lines. According to FGLK, the sublease of the rail lines is part of a series of proposed transactions that will allow FGLK to continue to pay a negotiated ‘‘payment in lieu of taxes’’ (PILOT) while maintaining the benefits of being exempt from local and state taxes. FGLK states that it originally acquired the rail lines in 1995 and transferred title to the Agency and then leased back the rail lines for purposes of the PILOT arrangement. FGLK states that to extend and restructure the PILOT arrangement, the Agency will first transfer title to the rail lines to FGLK.2 Then the Agency will lease the rail lines from FGLK.3 Lastly, FGLK will sublease the rail lines back from the Agency to continue operations over them, including all common carrier service and maintenance of the tracks—the transaction at issue in this docket. FGLK certifies that the proposed transaction does not include an interchange commitment. FGLK states the transaction will not result in the creation of a Class II or Class I rail carrier, but that its projected revenues as a result of this transaction would exceed $5 million. Accordingly, under 49 CFR 1150.42(e), FGLK is required, at least 60 days before this exemption is to become effective, to send notice of the transaction to the national offices of the labor unions with employees on the affected lines, post a copy of the notice at the workplace of the employees on the affected lines, and certify to the Board that it has done so. FGLK, however, has filed a petition for waiver of this 60-day advance labor notice requirement, asserting that there will be no changes for employees working on the rail lines because FGLK 1 The Agency and FGLK jointly filed one notice for three related transactions under 49 CFR 1150.31 and 1150.41, one in this docket, one in Docket No. FD 36022, and one in Docket No. FD 36023, as described further below. A separate notice will be published for each exemption. 2 FGLK filed a verified notice of exemption to acquire the rail lines in Finger Lakes Railway— Acquisition & Operation Exemption—Seneca County Industrial Development Agency, Docket No. FD 36022. 3 The Agency filed a verified notice of exemption to acquire the rail lines by lease, in Seneca County Industrial Development Agency—Lease Exemption—Finger Lakes Railway, Docket No. FD 36023. The Agency also filed a motion to dismiss that notice of exemption on grounds that the transaction does not require authorization from the Board. That motion will be addressed in a separate decision. VerDate Sep<11>2014 18:31 Apr 28, 2016 Jkt 238001 already operates the rail lines and will continue to be the sole common carrier operator of the rail lines. FGLK’s waiver request will be addressed in a separate decision. FGLK states that the parties intend to consummate the transaction no sooner than May 13, 2016, the effective date of the exemption (30 days after the verified notice was filed), and only after the Board has ruled on the motion to dismiss in Docket No. FD 36023. The Board will establish in the decision on the waiver request the earliest date this transaction can be consummated. 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 May 6, 2016 (at least seven days before the exemption becomes effective). An original and ten copies of all pleadings, referring to Docket No. FD 36024, 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 Eric M. Hocky, Clark Hill PLC, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. According to FGLK, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: April 26, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2016–10092 Filed 4–28–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36023] Seneca County Industrial Development Agency—Lease Exemption—Finger Lakes Railway Corp. Seneca County Industrial Development Agency (Agency), a noncarrier, has filed a verified notice under 49 CFR 1150.31 to lease from Finger Lakes Railway Corp. (FGLK), a Class III rail carrier, approximately 26.44 miles of railroad located in New York as follows: (1) Auburn Secondary, between milepost 37.56 at the Seneca/ Cayuga County line and milepost 50.50 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 25751 at or near Geneva, a distance of 12.94 miles; and (2) Geneva Running Track, between milepost 342.80 at the Ontario/ Seneca County line and milepost 329.30 at or near Kendaia, a distance of 13.50 miles.1 According to the Agency, the lease of the rail lines is part of a series of proposed transactions that will allow FGLK to continue to pay a negotiated ‘‘payment in lieu of taxes’’ (PILOT) while maintaining the benefits of being exempt from local and state taxes. The Agency states that FGLK originally acquired the rail lines in 1995 and transferred title to the Agency and then leased back the rail lines for purposes of the PILOT arrangement. The Agency states that to extend and restructure the PILOT arrangement, it will first transfer title to the rail lines to FGLK.2 Then the Agency will lease the rail lines from FGLK—the transaction at issue in this docket. Lastly, FGLK will sublease the rail lines back from the Agency to continue operations, including all common carrier service and maintenance of the tracks.3 The Agency states that it will not hold itself out to provide any rail service, and is not acquiring any of the common carrier obligations with respect to the rail lines.4 Under the terms of the lease from FGLK to the Agency and the amended and restated lease from the Agency to FGLK, the Agency maintains that FGLK will continue to be the sole provider of railroad services and will have the rights necessary to operate the railroad services. The Agency states that it is not leasing or acquiring any of the common carrier obligations with respect to the rail lines. The Agency further states that it will be precluded from interfering materially with FGLK’s common carrier obligation. The Agency certifies that it will not operate over the rail lines and that the transaction will not result in the creation of a Class I or Class II carrier. 1 The Agency and FGLK jointly filed one notice for three related transactions under 49 CFR 1150.31 and 1150.41, one in this docket, one in Docket No. FD 36022, and one in Docket No. FD 36024, as described further below. A separate notice will be published for each exemption. 2 FGLK filed a verified notice of exemption to acquire the rail lines in Finger Lakes Railway— Acquisition & Operation Exemption—Seneca County Industrial Development Agency, Docket No. FD 36022. 3 FGLK filed a verified notice of exemption to sublease the rail lines in Finger Lakes Railway— Sublease & Operation Exemption—Seneca County Industrial Development Agency, Docket No. FD 36024. 4 A motion to dismiss the notice of exemption on grounds that the transaction does not require authorization from the Board was concurrently filed with this notice of exemption. The motion to dismiss will be addressed in a subsequent Board decision. E:\FR\FM\29APN1.SGM 29APN1

Agencies

[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Notices]
[Pages 25750-25751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10092]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36024]


Finger Lakes Railway Corp.--Sublease and Operation Exemption--
Seneca County Industrial Development Agency

    Finger Lakes Railway Corp. (FGLK), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to sublease 
from Seneca County Industrial Development Agency (Agency), and operate, 
approximately 26.44 miles of railroad located in New York as follows: 
(1) Auburn Secondary, between milepost 37.56 at the Seneca/Cayuga 
County line and milepost 50.50 at or near Geneva, a distance of 12.94 
miles; and (2) Geneva Running Track,

[[Page 25751]]

between milepost 342.80 at the Ontario/Seneca County line and milepost 
329.30 at or near Kendaia, a distance of 13.50 miles.\1\ The Agency and 
FGLK state that the Agency currently owns the rail lines but FGLK is 
responsible for all railroad operations over the rail lines.
---------------------------------------------------------------------------

    \1\ The Agency and FGLK jointly filed one notice for three 
related transactions under 49 CFR 1150.31 and 1150.41, one in this 
docket, one in Docket No. FD 36022, and one in Docket No. FD 36023, 
as described further below. A separate notice will be published for 
each exemption.
---------------------------------------------------------------------------

    According to FGLK, the sublease of the rail lines is part of a 
series of proposed transactions that will allow FGLK to continue to pay 
a negotiated ``payment in lieu of taxes'' (PILOT) while maintaining the 
benefits of being exempt from local and state taxes. FGLK states that 
it originally acquired the rail lines in 1995 and transferred title to 
the Agency and then leased back the rail lines for purposes of the 
PILOT arrangement. FGLK states that to extend and restructure the PILOT 
arrangement, the Agency will first transfer title to the rail lines to 
FGLK.\2\ Then the Agency will lease the rail lines from FGLK.\3\ 
Lastly, FGLK will sublease the rail lines back from the Agency to 
continue operations over them, including all common carrier service and 
maintenance of the tracks--the transaction at issue in this docket.
---------------------------------------------------------------------------

    \2\ FGLK filed a verified notice of exemption to acquire the 
rail lines in Finger Lakes Railway--Acquisition & Operation 
Exemption--Seneca County Industrial Development Agency, Docket No. 
FD 36022.
    \3\ The Agency filed a verified notice of exemption to acquire 
the rail lines by lease, in Seneca County Industrial Development 
Agency--Lease Exemption--Finger Lakes Railway, Docket No. FD 36023. 
The Agency also filed a motion to dismiss that notice of exemption 
on grounds that the transaction does not require authorization from 
the Board. That motion will be addressed in a separate decision.
---------------------------------------------------------------------------

    FGLK certifies that the proposed transaction does not include an 
interchange commitment.
    FGLK states the transaction will not result in the creation of a 
Class II or Class I rail carrier, but that its projected revenues as a 
result of this transaction would exceed $5 million. Accordingly, under 
49 CFR 1150.42(e), FGLK is required, at least 60 days before this 
exemption is to become effective, to send notice of the transaction to 
the national offices of the labor unions with employees on the affected 
lines, post a copy of the notice at the workplace of the employees on 
the affected lines, and certify to the Board that it has done so. FGLK, 
however, has filed a petition for waiver of this 60-day advance labor 
notice requirement, asserting that there will be no changes for 
employees working on the rail lines because FGLK already operates the 
rail lines and will continue to be the sole common carrier operator of 
the rail lines. FGLK's waiver request will be addressed in a separate 
decision.
    FGLK states that the parties intend to consummate the transaction 
no sooner than May 13, 2016, the effective date of the exemption (30 
days after the verified notice was filed), and only after the Board has 
ruled on the motion to dismiss in Docket No. FD 36023. The Board will 
establish in the decision on the waiver request the earliest date this 
transaction can be consummated.
    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 May 6, 2016 
(at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 36024, 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 Eric M. Hocky, Clark Hill PLC, 2005 Market 
Street, Suite 1000, Philadelphia, PA 19103.
    According to FGLK, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: April 26, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-10092 Filed 4-28-16; 8:45 am]
BILLING CODE 4915-01-P