Progressive Rail Incorporated-Continuance in Control Exemption-St. Paul & Pacific Railroad Company, LLC, 37605-37606 [2018-16477]

Download as PDF Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices that the proposed rule change, as modified by Amendments No. 1 and 2, is consistent with the requirements of the Exchange Act and the rules and regulations thereunder applicable to a national securities exchange, and in particular, with Section 6(b)(5) of the Exchange Act. It is therefore ordered, pursuant to Rule 431 of the Commission’s Rules of Practice, that the earlier action taken by delegated authority, Exchange Act Release No. 80206 (Mar. 10, 2017), 82 FR 14076 (Mar. 16, 2017), is set aside and, pursuant to Section 19(b)(2) of the Exchange Act, SR-BatsBZX–2016–30 is disapproved. By the Commission. Brent J. Fields, Secretary. [FR Doc. 2018–16427 Filed 7–31–18; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [License No. 06/06–0346] sradovich on DSK3GMQ082PROD with NOTICES Stellus Capital SBIC, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Stellus Capital SBIC, L.P., 4400 Post Oak Parkway, Suite 2200, Houston, TX 77027, 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). Stellus Capital SBIC, L.P. proposes to provide loan financing to KelleyAmerit Holdings, Inc. (d/b/a Amerit Fleet Solutions), 1331 North California Blvd., Suite 150, Walnut Creek, CA 94596. The financing is brought within the purview of § 107.730(a)(4) of the Regulations because Stellus Capital SBIC, L.P., seeks to purchase the loan financing to KelleyAmerit Holdings, Inc. from Stellus Capital Investment Corp., an Associate of Stellus Capital SBIC, L.P. Therefore, this transaction is considered discharging an obligation of an Associate, requiring a prior SBA exemption. Notice is hereby given that any interested person may submit written comments on this transaction within fifteen days of the date of this publication to the Associate Administrator, Office of Investment and Innovation, U.S. Small Business VerDate Sep<11>2014 20:07 Jul 31, 2018 Jkt 244001 Administration, 409 Third Street SW, Washington, DC 20416. A. Joseph Shepard, Associate Administrator for Office of Investment and Innovation. [FR Doc. 2018–16414 Filed 7–31–18; 8:45 am] BILLING CODE P SMALL BUSINESS ADMINISTRATION [License No. 01/01–0435] Ironwood Mezzanine Fund IV–A, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Ironwood Mezzanine Fund IV–A, L.P., 45 Nod Road, Suite 2, Avon, CT 06001, a Federal Licensee under the Small Business Investment Act of 1958, as amended (‘‘the Act’’), in connection with a 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). Ironwood Mezzanine Fund IV–A, L.P. proposes to provide debt and equity financing for the purpose of purchasing a subsidiary (Capewell Intermediate Holding, LLC) from an Associate, Capewell Holding, LLC. Capewell Holding, LLC is an Associate because Ironwood Mezzanine Fund III–A L.P., an Associate of Mezzanine Fund IV–A, L.P., owns more than ten percent of Capewell Holding, LLC. The financing is brought within the purview of § 107.730(a) of the Regulations because proceeds from the transaction will directly benefit Associates Ironwood Mezzanine Fund III, L.P. and Ironwood Mezzanine Fund III–A, L.P. Notice is hereby given that any interested person may submit written comments on this transaction within fifteen days of the date of this publication to the Associate Administrator, Office of Investment and Innovation, U.S. Small Business Administration, 409 Third Street SW, Washington, DC 20416. A. Joseph Shepard, Associate Administrator, Office of Investment and Innovation. [FR Doc. 2018–16415 Filed 7–31–18; 8:45 am] BILLING CODE P PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 37605 SURFACE TRANSPORTATION BOARD [Docket No. FD 36208] Progressive Rail Incorporated— Continuance in Control Exemption— St. Paul & Pacific Railroad Company, LLC Progressive Rail Incorporated (PGR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of St. Paul & Pacific Railroad Company, LLC (SPR), upon SPR’s becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in St. Paul & Pacific Railroad Company, LLC—Change in Operator Exemption—Santa Cruz and Monterey Bay Railway Company, Docket No. FD 36207. In that proceeding, SPR seeks an exemption under 49 CFR 1150.31 to assume operations over approximately 31 miles of rail line (the Line) owned by the Santa Cruz County Regional Transportation Commission extending from milepost 0.433 at Watsonville Junction to milepost 31.39 at Davenport, Cal. The earliest this transaction may be consummated is August 15, 2018, the effective date of the exemption (30 days after the verified notice was filed). PGR states that it intends to consummate the transaction on August 16, 2018. PGR will continue in control of SPR upon SPR’s becoming a Class III rail carrier and remains in control of Class III carriers Airlake Terminal Railway Company, LLC, Central Midland Railway Company, Iowa Traction Railway Company, Iowa Southern Railway Company, Piedmont & Northern Railroad Company, and Chicago Junction Railway Company. PGR states that: (1) The rail line to be operated by SPR does not connect with any other railroads in the PGR corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect this line with any other railroad in the PGR 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 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 E:\FR\FM\01AUN1.SGM 01AUN1 37606 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices all of the carriers involved are Class III carriers. If the 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 than August 8, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36208, 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 800, Chicago, IL 60606– 2832. Board decisions and notices are available on our website at WWW.STB.GOV. Decided: July 27, 2018. By the Board, Amy C. Ziehm, Acting Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2018–16477 Filed 7–31–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36207] sradovich on DSK3GMQ082PROD with NOTICES St. Paul & Pacific Railroad Company, LLC—Change in Operators Exemption—Santa Cruz and Monterey Bay Railway Company St. Paul & Pacific Railroad Company (SPR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to assume operations over approximately 31 miles of track (the Line) owned by the Santa Cruz County Regional Transportation Commission (RTC) extending from milepost 0.433 at Watsonville Junction to milepost 31.39 at Davenport, Cal. The verified notice indicates that the Line was formerly operated by the Santa Cruz and Monterey Bay Railway Company (SCM) before SCM’s cessation of operations in June 2018. Based on projected annual revenues, SPR expects to be a Class III carrier after consummation of the proposed transaction. SPR states that it will enter into an operating agreement with RTC governing SPR’s operation of, and provision of rail common carrier service on, the Line. Pursuant to a separate agreement, SCM will transfer its permanent and exclusive freight operations to SPR. VerDate Sep<11>2014 20:07 Jul 31, 2018 Jkt 244001 This transaction is related to a concurrently filed verified notice of exemption in Progressive Rail Inc.— Continuance in Control Exemption—St. Paul & Pacific Railroad Company, LLC, Docket No. FD 36208, in which Progressive Rail Incorporated, SPR’s parent company, seeks to continue in control of SPR upon SPR’s becoming a Class III rail carrier. SPR states that the proposed operation of the Line does not involve any provision or agreement that would limit future interchange with a thirdparty connecting carrier. SPR certifies that its annual rail revenues as a result of this transaction are not expected to exceed $5 million, and it will not result in SPR becoming a Class I or Class II rail carrier. Under 49 CFR 1150.32(b), a change in operator requires that notice be given to shippers. SPR states that it has provided notice of the proposed change in operators to the four shippers on the Line. The earliest this transaction may be consummated is August 15, 2018, 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 than August 8, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36207, 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 800, Chicago, IL 60606– 2832. Board decisions and notices are available on our website at WWW.STB.GOV. Decided: July 27, 2018. By the Board, Amy C. Ziehm, Acting Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2018–16478 Filed 7–31–18; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2018–0008–N–5] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Notice of information collection; request for comment. AGENCY: Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Requests (ICRs) abstracted below. Before submitting these ICRs to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified below. DATES: Interested persons are invited to submit comments on or before October 1, 2018. ADDRESSES: Submit written comments on the ICRs activities by mail to either: Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W33–497, Washington, DC 20590; or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, RAD–20, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W34–212, Washington, DC 20590. Commenters requesting FRA to acknowledge receipt of their respective comments must include a self-addressed stamped postcard stating, ‘‘Comments on OMB Control Number 2130–XXXX’’ (the relevant OMB control number for each ICR is listed below), and should also include the title of the ICR. Alternatively, comments may be faxed to (202) 493–6216 or (202) 493–6497, or emailed to Mr. Brogan at Robert.Brogan@dot.gov, or Ms. Toone at Kim.Toone@dot.gov. Please refer to the assigned OMB control number in any correspondence submitted. FRA will summarize comments received in response to this notice in a subsequent notice and include them in its information collection submission to OMB for approval. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, RRS–21, Federal Railroad SUMMARY: E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Notices]
[Pages 37605-37606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16477]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36208]


Progressive Rail Incorporated--Continuance in Control Exemption--
St. Paul & Pacific Railroad Company, LLC

    Progressive Rail Incorporated (PGR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to 
continue in control of St. Paul & Pacific Railroad Company, LLC (SPR), 
upon SPR's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in St. Paul & Pacific Railroad Company, LLC--Change in 
Operator Exemption--Santa Cruz and Monterey Bay Railway Company, Docket 
No. FD 36207. In that proceeding, SPR seeks an exemption under 49 CFR 
1150.31 to assume operations over approximately 31 miles of rail line 
(the Line) owned by the Santa Cruz County Regional Transportation 
Commission extending from milepost 0.433 at Watsonville Junction to 
milepost 31.39 at Davenport, Cal.
    The earliest this transaction may be consummated is August 15, 
2018, the effective date of the exemption (30 days after the verified 
notice was filed). PGR states that it intends to consummate the 
transaction on August 16, 2018.
    PGR will continue in control of SPR upon SPR's becoming a Class III 
rail carrier and remains in control of Class III carriers Airlake 
Terminal Railway Company, LLC, Central Midland Railway Company, Iowa 
Traction Railway Company, Iowa Southern Railway Company, Piedmont & 
Northern Railroad Company, and Chicago Junction Railway Company.
    PGR states that: (1) The rail line to be operated by SPR does not 
connect with any other railroads in the PGR corporate family; (2) the 
continuance in control is not part of a series of anticipated 
transactions that would connect this line with any other railroad in 
the PGR 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 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

[[Page 37606]]

all of the carriers involved are Class III carriers.
    If the 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 than August 8, 2018 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36208, 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 800, Chicago, IL 60606-2832.

    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: July 27, 2018.

    By the Board, Amy C. Ziehm, Acting Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2018-16477 Filed 7-31-18; 8:45 am]
 BILLING CODE 4915-01-P