Texas & Eastern Railroad, LLC-Change in Operator Exemption-Texas State Railroad Authority, 18521-18522 [2017-07903]

Download as PDF Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices Form 468. SBA uses this information to monitor SBIC financial condition and regulatory compliance, for credit analysis when considering SBIC leverage applications, and to evaluate financial risk and economic impact for individual SBICs and the program as a whole. Description of Respondents: Small Business Investment Companies. Form Number’s: 468.1, .2, .3, .4. Annual Responses: 1,050. Annual Burden: 26,700. Title: ‘‘Portfolio Financing Reports’’. Abstract: To obtain the information needed to carry out its program evaluation and oversight responsibilities. SBA requires small business investment companies (SBIC’S) to provide information on SBA Form 1031 each time financing is extended to a small business concern. SBA uses this information to evaluate how SBIC’S fill market financing gaps and contribute to economic growth, and to monitor the regulatory compliance of individual SBIC’S. Individual SBICs and the program as a whole. Description of Respondents: Small Business Investment Companies. Form Number: 1031. Annual Responses: 2,800. Annual Burden: 560. Curtis Rich, Management Analyst. [FR Doc. 2017–07836 Filed 4–18–17; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF STATE [Public Notice: 9967] jstallworth on DSK7TPTVN1PROD with NOTICES E.O. 13224 Designation of Farah Mohamed Shirdon, aka Farah Shirdon, aka Abu Usamah, aka Abu Usamah Somali, aka Abu Usama al Somali, aka Abu Usamah as-Somali, as a Specially Designated Global Terrorist Acting under the authority of and in accordance with section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 2003, I hereby determine that the individual known as Farah Mohamed Shirdon, aka Farah Shirdon, aka Abu Usamah, aka Abu Usamah Somali, aka Abu Usama al Somali, aka Abu Usamah as-Somali, has committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States. Consistent with the determination in section 10 of Executive Order 13224 that prior notice to persons determined to be VerDate Sep<11>2014 15:06 Apr 18, 2017 Jkt 241001 subject to the Order who might have a constitutional presence in the United States would render ineffectual the blocking and other measures authorized in the Order because of the ability to transfer funds instantaneously, I determine that no prior notice needs to be provided to any person subject to this determination who might have a constitutional presence in the United States, because to do so would render ineffectual the measures authorized in the Order. This notice shall be published in the Federal Register. Dated: March 27, 2017. Rex W. Tillerson, Secretary of State. [FR Doc. 2017–07911 Filed 4–18–17; 8:45 am] BILLING CODE 4710–AD–P DEPARTMENT OF STATE [Public Notice: 9968] E.O. 13224 Designation of Tarek Sakr as a Specially Designated Global Terrorist Acting under the authority of and in accordance with section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 2003, I hereby determine that the individual known as Tarek Sakr, committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States. Consistent with the determination in section 10 of Executive Order 13224 that prior notice to persons determined to be subject to the Order who might have a constitutional presence in the United States would render ineffectual the blocking and other measures authorized in the Order because of the ability to transfer funds instantaneously, I determine that no prior notice needs to be provided to any person subject to this determination who might have a constitutional presence in the United States, because to do so would render ineffectual the measures authorized in the Order. This notice shall be published in the Federal Register. Dated: March 27, 2017. Rex W. Tillerson, Secretary of State. [FR Doc. 2017–07912 Filed 4–18–17; 8:45 am] BILLING CODE 4710–AD–P PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 18521 SURFACE TRANSPORTATION BOARD [Docket No. FD 36110] Texas & Eastern Railroad, LLC— Change in Operator Exemption—Texas State Railroad Authority Texas & Eastern Railroad, LLC (T&ER), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to assume operations over approximately 27 miles of rail line (the Line), between Rusk and Palestine, in Anderson and Cherokee Counties, Tex.1 T&ER states that the Line is owned by the Texas Parks and Wildlife Authority and leased to the Texas State Railroad Authority (TSRA). In 2012, TSRA leased the Line to Rusk, Palestine & Pacific Railroad, LLC. (RP&P).2 The verified notice indicates that, as a result of this transaction, T&ER will become a carrier and replace RP&P as the Line’s exclusive lessee and operator. According to T&ER, RP&P is aware that TSRA plans to change operators over the Line. The verified notice indicates that RP&P and Union Pacific Railroad Company (UP) have an existing agreement that allows RP&P to operate over approximately 1.3 miles of track owned and operated by UP between a point where the Line connects with UP and UP’s yard located in Palestine, Tex. T&ER states that it will either take assignment of the existing interchange agreement or enter into a new agreement. This transaction is related to a concurrently filed verified notice of exemption in David L. Durbano— Continuance in Control Exemption— Texas & Eastern Railroad, LLC, Docket No. FD 36111, in which David L. Durbano seeks to continue in control of T&ER upon T&ER’s becoming a Class III rail carrier. T&ER certifies that the underlying lease and operation agreement does not contain any provision or agreement that would limit future interchange with a third-party connecting carrier. Further, T&ER certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier. Under 49 CFR 1150.32(b), a change in operator requires that notice be given to shippers. T&ER certifies that notice of the change of operator was served on all known shippers on the Line on April 3, 2017. 1 According to T&ER, there are no mileposts on the Line. 2 See Rusk, Palestine & Pac. R.R.—Operation Exemption—Tex. State R.R. Auth., FD 35669 (STB served Sept. 14, 2012). E:\FR\FM\19APN1.SGM 19APN1 18522 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices The earliest this transaction can be consummated is May 3, 2017, the effective date of the exemption. 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 for stay must be filed no later April 26, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36110, 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 Web site at WWW.STB.GOV. Decided: April 14, 2017. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Raina S. Contee, Clearance Clerk. [FR Doc. 2017–07903 Filed 4–18–17; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36097] jstallworth on DSK7TPTVN1PROD with NOTICES Nebraska Northwestern Railroad, Inc. and Nebkota Railway, Inc.—IntraCorporate Family Transaction Exemption Nebraska Northwestern Railroad, Inc. (NNW) and Nebkota Railway, Inc. (NRI) (collectively, the Parties) have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for an intracorporate family transaction. NNW and NRI, both Class III rail carriers, are controlled by John D. Nielsen (Mr. Nielsen), an individual.1 Under the proposed transaction, NRI will be merged with and into NNW with NNW being the surviving corporate entity. The Parties state that the purpose of the transaction is to streamline administration, enhance the financial conditions of the two rail carriers that are already largely integrated, and consolidate the two into a single company. According to the Parties, the 1 See John D. Nielsen—Control Exemption— Nebkota Ry., FD 35759 (STB served Nov. 25, 2013). According to the Parties, Mr. Nielsen does not have a controlling interest in any common carriers other than NNW and NRI. VerDate Sep<11>2014 15:06 Apr 18, 2017 Jkt 241001 proposed merger would eliminate the preparation of separate tax returns and the need to maintain separate corporate records. In addition, there would be certain operational and other recordkeeping advantages that would be gained from the merger. The Parties state that the proposed merger agreement between NNW and NRI contains no provision or agreement that would limit NNW’s interchange with a third-party connecting carrier.2 Unless stayed, the exemption will be effective on May 3, 2017 (30 days after the verified notice was filed). The Parties state that they intend to consummate the proposed transaction on or after that date. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). The Parties state that the transaction will not result in adverse changes in service levels, significant operational changes, or any change in the competitive balance with carriers outside the corporate family. 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 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 exemption. Petitions for stay must be filed no later than April 26, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36097, 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 Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606. According to the Parties, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). 2 An unexecuted draft copy of the agreement was filed with the notice of exemption. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: April 11, 2017. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Rena Laws-Byrum, Clearance Clerk. [FR Doc. 2017–07669 Filed 4–18–17; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [STB Finance Docket No. 36111] David L. Durbano—Continuance in Control Exemption—Texas & 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 Texas & Eastern Railroad, LLC (T&ER), upon T&ER’s becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in Docket No. FD 36110, Texas & Eastern Railroad, LLC—Change in Operator Exemption—Texas State Railroad Authority. In that proceeding, T&ER seeks an exemption under 49 CFR 1150.31 to assume operations over approximately 27 miles of rail line, between Rusk and Palestine, in Anderson and Cherokee Counties, Tex. The earliest this transaction can be consummated is May 3, 2017, 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 shortly after May 3, 2017. Durbano will continue in control of T&ER upon T&ER’s becoming a Class III rail carrier, and remains in control of Class III carriers Southwestern Railroad, Inc., Cimarron Valley Railroad, L.C., Clarkdale Arizona Central Railroad, L.C., Wyoming and Colorado Railroad Company, Inc., and Saratoga Railroad, LLC. Durbano certifies that: (1) The rail lines to be operated by T&ER do not 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 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 E:\FR\FM\19APN1.SGM 19APN1

Agencies

[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18521-18522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07903]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36110]


Texas & Eastern Railroad, LLC--Change in Operator Exemption--
Texas State Railroad Authority

    Texas & Eastern Railroad, LLC (T&ER), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to assume operations 
over approximately 27 miles of rail line (the Line), between Rusk and 
Palestine, in Anderson and Cherokee Counties, Tex.\1\ T&ER states that 
the Line is owned by the Texas Parks and Wildlife Authority and leased 
to the Texas State Railroad Authority (TSRA). In 2012, TSRA leased the 
Line to Rusk, Palestine & Pacific Railroad, LLC. (RP&P).\2\ The 
verified notice indicates that, as a result of this transaction, T&ER 
will become a carrier and replace RP&P as the Line's exclusive lessee 
and operator. According to T&ER, RP&P is aware that TSRA plans to 
change operators over the Line.
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    \1\ According to T&ER, there are no mileposts on the Line.
    \2\ See Rusk, Palestine & Pac. R.R.--Operation Exemption--Tex. 
State R.R. Auth., FD 35669 (STB served Sept. 14, 2012).
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    The verified notice indicates that RP&P and Union Pacific Railroad 
Company (UP) have an existing agreement that allows RP&P to operate 
over approximately 1.3 miles of track owned and operated by UP between 
a point where the Line connects with UP and UP's yard located in 
Palestine, Tex. T&ER states that it will either take assignment of the 
existing interchange agreement or enter into a new agreement.
    This transaction is related to a concurrently filed verified notice 
of exemption in David L. Durbano--Continuance in Control Exemption--
Texas & Eastern Railroad, LLC, Docket No. FD 36111, in which David L. 
Durbano seeks to continue in control of T&ER upon T&ER's becoming a 
Class III rail carrier.
    T&ER certifies that the underlying lease and operation agreement 
does not contain any provision or agreement that would limit future 
interchange with a third-party connecting carrier. Further, T&ER 
certifies that its projected annual revenues as a result of this 
transaction will not exceed those that would qualify it as a Class III 
rail carrier. Under 49 CFR 1150.32(b), a change in operator requires 
that notice be given to shippers. T&ER certifies that notice of the 
change of operator was served on all known shippers on the Line on 
April 3, 2017.

[[Page 18522]]

    The earliest this transaction can be consummated is May 3, 2017, 
the effective date of the exemption.
    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 for stay must be filed no later April 26, 2017 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36110, 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 Web site at 
WWW.STB.GOV.

    Decided: April 14, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017-07903 Filed 4-18-17; 8:45 am]
 BILLING CODE 4915-01-P
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