Dakota Southern Railway Company-Modified Rail Certificate, 29275-29276 [2019-13152]

Download as PDF Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices that a participating Certified Development Company’s Non-Bank Lender Institution’s or Microlender’s management, ownership, etc. is of ‘‘good character’’. To do so requires the information requested on the Form 1081. This form also provides data used to determine the qualifications and capabilities of the lenders key personnel. Solicitation of Public Comments SBA is requesting comments on (a) Whether the collection of information is necessary for the agency to properly perform its functions; (b) whether the burden estimates are accurate; (c) whether there are ways to minimize the burden, including through the use of automated techniques or other forms of information technology; and (d) whether there are ways to enhance the quality, utility, and clarity of the information. Summary of Information Collection Title: Statement of Personal History. Description of Respondents: Small Business Lending Companies. Form Number: SBA Form 1081. Total Estimated Annual Responses: 215. Total Estimated Annual Hour Burden: 107.50. Curtis Rich, Management Analyst. [FR Doc. 2019–13286 Filed 6–20–19; 8:45 am] BILLING CODE 8026–03–P SMALL BUSINESS ADMINISTRATION Data Collection Available for Public Comments Analyst, 202–619–0511 louis.cupp@ sba.gov Curtis B. Rich, Management Analyst, 202–205–7030 curtis.rich@ sba.gov. SBA Forms 1405 and 1405A are used by Small Business Administration (SBA) examiners as part of their examination of licensed small business investment companies (SBICs). This information is collected from SBIC’S Stockholders and partners and provides independent third party confirmation of an SBIC’s representations concerning its owners. The information helps SBA to evaluate the SBIC’S with applicable laws and regulations concerning capital requirements. SUPPLEMENTARY INFORMATION: Solicitation of Public Comments SBA is requesting comments on (a) Whether the collection of information is necessary for the agency to properly perform its functions; (b) whether the burden estimates are accurate; (c) whether there are ways to minimize the burden, including through the use of automated techniques or other forms of information technology; and (d) whether there are ways to enhance the quality, utility, and clarity of the information. Title: ‘‘Stockholders’ Confirmation (Corporation); Ownership Confirmation (Partnership)’’. Description of Respondents: Licensed small business investment companies (SBICs). Form Number’s: 1405, 1405A. Annual Responses: 600. Annual Burden: 600. Curtis Rich, Management Analyst. [FR Doc. 2019–13285 Filed 6–20–19; 8:45 am] 60 Day Notice and request for comments. ACTION: BILLING CODE 8025–01–P In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration’s intentions to request approval on a new and/or currently approved information collection. DATES: Submit comments on or before August 20, 2019. ADDRESSES: Send all comments regarding whether this information collection is necessary for the proper performance of the function of the agency, whether the burden estimates are accurate, and if there are ways to minimize the estimated burden and enhance the quality of the collections, to Louis Cupp, New Markets Policy Analyst, Office of Investment, Small Business Administration, 409 3rd Street, 6th Floor, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Louis Cupp, New Markets Policy jspears on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:30 Jun 20, 2019 Jkt 247001 DEPARTMENT OF STATE [Public Notice: 10803] Foreign Affairs Policy Board Meeting Notice; Closed Meeting In accordance with the Federal Advisory Committee Act, 5 U.S.C. App., the Department of State announces a meeting of the Foreign Affairs Policy Board to take place on July 8, 2019, at the Department of State, Washington, DC. The Foreign Affairs Policy Board reviews and assesses: (1) Global threats and opportunities; (2) trends that implicate core national security interests; (3) technology tools needed to advance the State Department’s mission; and (4) priorities and strategic frameworks for U.S. foreign policy. PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 29275 Pursuant to section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. 10(d), and 5 U.S.C. 552b(c)(l), it has been determined that this meeting will be closed to the public as the Board will be reviewing and discussing matters properly classified in accordance with Executive Order 13526. This announcement might appear in the Federal Register less than 15 days prior to the meeting. The Department of State finds that there is an exceptional circumstance in that this advisory committee meeting must be held on July 8th to accommodate the schedule of the Secretary of State. For more information, contact Emily Sissell at (202) 647–4293. Dated: June 17, 2019. Kiron K. Skinner, Director, Office of Policy Planning, Department of State. [FR Doc. 2019–13159 Filed 6–20–19; 8:45 am] BILLING CODE 4710–10–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36291] Dakota Southern Railway Company— Modified Rail Certificate On April 17, 2019, Dakota Southern Railway Company (DSRC), a Class III rail carrier, filed a notice for a modified certificate of public convenience and necessity under 49 CFR 1150 subpart C—Modified Certificate of Public Convenience and Necessity, to provide freight rail operations over approximately 187.98 miles of rail line owned by the State of South Dakota (State) and located between milepost 374.44 in Mitchell, S.D., and extending in a westerly direction to milepost 562.53 in Kadoka, S.D. (the Segment). According to DSRC, the Segment is part of a longer line from Mitchell to Rapid City, S.D. (the MRC Line). DSRC states that the MRC Line, which was formerly owned by the Milwaukee, St. Paul & Pacific Railroad Company, is now owned by the State. DSRC states that, in 1980, the U.S. District Court for the Northern District of Illinois authorized the abandonment of the MRC Line, following the issuance of a report by the Interstate Commerce Commission recommending abandonment. See Ogilvie—Aban.—in S.D., Iowa & Neb., AB 7 (Sub-No. 88) (ICC served May 14, 1980).1 According 1 The Milwaukee Railroad Restructuring Act transferred jurisdiction over Chicago, Milwaukee, St. Paul & Pacific Railroad Company abandonments from the Interstate Commerce Commission to the U.S. District Court for the Northern District of Illinois. Ogilvie, AB 7 (Sub-No. 88), slip op. at 1. E:\FR\FM\21JNN1.SGM 21JNN1 29276 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices jspears on DSK30JT082PROD with NOTICES to DSRC, abandonment of the MRC Line was not consummated and instead the MRC Line was acquired by the State in 1980. (DSRC Notice 3.) DSRC states that the portion of the MRC Line west of Kadoka is now railbanked. See MitchellRapid City Reg’l R.R. Auth.—Modified Rail Certificate—Between Caputa & Rapid City, S.D., FD 35149 (STB served Apr. 28, 2009) (issuing notice of interim trail use between milepost 659.6 to milepost 646.0); Sammamish Transp. Co.—Notice of Interim Trail Use & Termination of Modified Certificate, FD 33398 (Sub-No. 1) (STB served Feb. 26, 1998) (issuing notice of interim trail use between milepost 646.0 to milepost 562.53). In addition, DSRC states that, to the best of its knowledge, two carriers have obtained modified certificate rights to operate over portions of the MRC Line east of Kadoka but no longer exercise those rights.2 The verified notice indicates that the State leases the Segment to the MRC Regional Rail Authority (MRCA), a political subdivision of the State. In 2012, MRCA entered into a sublease with DSRC, which provides that DSRC will be the operator of the Segment and will assume all common carrier obligations to provide service on the Segment. (DSRC Notice Ex. C, 2 ¶ 6.) Under the terms of the sublease, DSRC will provide rail service on the Segment for 20 years from and after the effective date of January 1, 2012.3 (Id. at 4 ¶ 17.) According to DSRC, it interchanges with BNSF Railway Company (BNSF) at or near Mitchell, pursuant to interchange, trackage, haulage, and lease agreements with BNSF. The Segment qualifies for a modified certificate of public convenience and necessity. See Common Carrier Status of States, State Agencies & Instrumentalities & Political Subdivisions, FD 28990F (ICC served July 16, 1981); 49 CFR 1150.22. DSRC indicates that no subsidy is involved and that there are no preconditions that shippers must meet to receive rail service; DSRC also provides information regarding the nature and extent of its liability 2 See Nobles Rock R.R.—Modified Rail Certificate, FD 33792 (STB served Sept. 16, 1999); Burlington N. R.R.—Operations—in States of Iowa & S.D., FD 29672 (ICC served Aug. 17, 1981). DSRC states that, to the best of its knowledge, Burlington Northern’s rights were terminated by notice, (see Burlington N. R.R. Letter, Oct. 14, 1986, Burlington N. R.R., FD 29672), and Nobles Rock became insolvent and no longer exists. (DSRC Notice 4 n.2.) 3 DSRC states that it has been operating pursuant to the terms of the sublease since January 1, 2012. According to DSRC, SDR Holding Company, which controls DSRC, had been under the impression that a modified certificate previously had been issued. (DSRC Notice 2, 4–5.) VerDate Sep<11>2014 18:30 Jun 20, 2019 Jkt 247001 insurance coverage. See 49 CFR 1150.23(b)(4)–(5). This notice will be served on the Association of American Railroads (Car Service Division), as agent for all railroads subscribing to the car-service and car-hire agreement, at 425 Third Street SW, Suite 1000, Washington, DC 20024; and on the American Short Line and Regional Railroad Association at 50 F Street NW, Suite 7020, Washington, DC 20001. Board decisions and notices are available at www.stb.gov. Decided: June 14, 2019. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–13152 Filed 6–20–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36306] Brookhaven Rail Partners, LLC, Related Infrastructure, LLC, BRX Transportation Holdings, LLC, and BRX Acquisition Sub, Inc.—Control Exemption—Pioneer Railcorp, et al. Brookhaven Rail Partners, LLC (Brookhaven), Related Infrastructure, LLC (Related Infrastructure), BRX Transportation Holdings, LLC (BRX Transportation), and BRX Acquisition Sub, Inc. (BRX Acquisition) (collectively, Applicants), filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire control of Pioneer Railcorp (Pioneer), a noncarrier holding company that controls 15 Class III railroad subsidiaries: Alabama & Florida Railway Co., Inc.; Alabama Railroad Co., Inc.; Decatur Junction Railway Co.; Elkhart & Western Railroad Co.; Fort Smith Railroad Co.; The Garden City Western Railway, Inc.; Georgia Southern Railway Co.; Gettysburg & Northern Railroad Co.; Indiana Southwestern Railway Co.; Kendallville Terminal Railway Co.; Keokuk Junction Railway Co.; Michigan Southern Railroad Company; Mississippi Central Railroad Co.; Pioneer Industrial Railway Co.; and Vandalia Railroad Company (collectively, Pioneer Railroads). According to the verified notice, Applicants intend to acquire 100% of the equity interests of Pioneer pursuant to an Agreement and Plan of Merger dated May 16, 2019.1 As a result of the 1 A redacted version of the agreement was filed with the notice of exemption. An unredacted version was filed concurrently under seal, along with Applicants’ motion for protective order under PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 proposed transaction, BRX Acquisition will merge with and into Pioneer, with Pioneer the surviving corporation. Pioneer will become a wholly owned subsidiary of BRX Transportation, and, indirectly, Brookhaven and Related Infrastructure will thereby acquire control of the Pioneer Railroads.2 The verified notice states that the parties contemplate that the transaction will be consummated during the third quarter of 2019. The earliest the transaction may be consummated is July 7, 2019, the effective date of the exemption (30 days after the verified notice was filed). The verified notice states that: (i) Applicants do not own or control any rail line that connect with any of the Pioneer Railroads; (ii) the proposed transaction is not part of a series of anticipated transactions that would connect any railroad owned or controlled by Applicants with the Pioneer Railroads or connect any of the Pioneer Railroads with one another; and (iii) the proposed transaction does not involve a Class I 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. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Because this transaction involves Class III rail carriers only, the Board, under the statute, may not impose labor protective conditions for this transaction. 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 June 28, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36306, must be filed with the Surface Transportation Board via efiling or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Applicants’ 49 CFR 1104.14(b). The motion for protective order will be addressed in a separate decision. 2 The verified notice states that Brookhaven and Related Infrastructure are separate unaffiliated entities, except for their joint ownership of BRX Transportation, which is the parent of BRX Acquisition. E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29275-29276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13152]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36291]


Dakota Southern Railway Company--Modified Rail Certificate

    On April 17, 2019, Dakota Southern Railway Company (DSRC), a Class 
III rail carrier, filed a notice for a modified certificate of public 
convenience and necessity under 49 CFR 1150 subpart C--Modified 
Certificate of Public Convenience and Necessity, to provide freight 
rail operations over approximately 187.98 miles of rail line owned by 
the State of South Dakota (State) and located between milepost 374.44 
in Mitchell, S.D., and extending in a westerly direction to milepost 
562.53 in Kadoka, S.D. (the Segment). According to DSRC, the Segment is 
part of a longer line from Mitchell to Rapid City, S.D. (the MRC Line). 
DSRC states that the MRC Line, which was formerly owned by the 
Milwaukee, St. Paul & Pacific Railroad Company, is now owned by the 
State.
    DSRC states that, in 1980, the U.S. District Court for the Northern 
District of Illinois authorized the abandonment of the MRC Line, 
following the issuance of a report by the Interstate Commerce 
Commission recommending abandonment. See Ogilvie--Aban.--in S.D., Iowa 
& Neb., AB 7 (Sub-No. 88) (ICC served May 14, 1980).\1\ According

[[Page 29276]]

to DSRC, abandonment of the MRC Line was not consummated and instead 
the MRC Line was acquired by the State in 1980. (DSRC Notice 3.) DSRC 
states that the portion of the MRC Line west of Kadoka is now 
railbanked. See Mitchell-Rapid City Reg'l R.R. Auth.--Modified Rail 
Certificate--Between Caputa & Rapid City, S.D., FD 35149 (STB served 
Apr. 28, 2009) (issuing notice of interim trail use between milepost 
659.6 to milepost 646.0); Sammamish Transp. Co.--Notice of Interim 
Trail Use & Termination of Modified Certificate, FD 33398 (Sub-No. 1) 
(STB served Feb. 26, 1998) (issuing notice of interim trail use between 
milepost 646.0 to milepost 562.53). In addition, DSRC states that, to 
the best of its knowledge, two carriers have obtained modified 
certificate rights to operate over portions of the MRC Line east of 
Kadoka but no longer exercise those rights.\2\
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    \1\ The Milwaukee Railroad Restructuring Act transferred 
jurisdiction over Chicago, Milwaukee, St. Paul & Pacific Railroad 
Company abandonments from the Interstate Commerce Commission to the 
U.S. District Court for the Northern District of Illinois. Ogilvie, 
AB 7 (Sub-No. 88), slip op. at 1.
    \2\ See Nobles Rock R.R.--Modified Rail Certificate, FD 33792 
(STB served Sept. 16, 1999); Burlington N. R.R.--Operations--in 
States of Iowa & S.D., FD 29672 (ICC served Aug. 17, 1981). DSRC 
states that, to the best of its knowledge, Burlington Northern's 
rights were terminated by notice, (see Burlington N. R.R. Letter, 
Oct. 14, 1986, Burlington N. R.R., FD 29672), and Nobles Rock became 
insolvent and no longer exists. (DSRC Notice 4 n.2.)
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    The verified notice indicates that the State leases the Segment to 
the MRC Regional Rail Authority (MRCA), a political subdivision of the 
State. In 2012, MRCA entered into a sublease with DSRC, which provides 
that DSRC will be the operator of the Segment and will assume all 
common carrier obligations to provide service on the Segment. (DSRC 
Notice Ex. C, 2 ] 6.) Under the terms of the sublease, DSRC will 
provide rail service on the Segment for 20 years from and after the 
effective date of January 1, 2012.\3\ (Id. at 4 ] 17.)
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    \3\ DSRC states that it has been operating pursuant to the terms 
of the sublease since January 1, 2012. According to DSRC, SDR 
Holding Company, which controls DSRC, had been under the impression 
that a modified certificate previously had been issued. (DSRC Notice 
2, 4-5.)
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    According to DSRC, it interchanges with BNSF Railway Company (BNSF) 
at or near Mitchell, pursuant to interchange, trackage, haulage, and 
lease agreements with BNSF.
    The Segment qualifies for a modified certificate of public 
convenience and necessity. See Common Carrier Status of States, State 
Agencies & Instrumentalities & Political Subdivisions, FD 28990F (ICC 
served July 16, 1981); 49 CFR 1150.22.
    DSRC indicates that no subsidy is involved and that there are no 
preconditions that shippers must meet to receive rail service; DSRC 
also provides information regarding the nature and extent of its 
liability insurance coverage. See 49 CFR 1150.23(b)(4)-(5).
    This notice will be served on the Association of American Railroads 
(Car Service Division), as agent for all railroads subscribing to the 
car-service and car-hire agreement, at 425 Third Street SW, Suite 1000, 
Washington, DC 20024; and on the American Short Line and Regional 
Railroad Association at 50 F Street NW, Suite 7020, Washington, DC 
20001.
    Board decisions and notices are available at www.stb.gov.

    Decided: June 14, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-13152 Filed 6-20-19; 8:45 am]
 BILLING CODE 4915-01-P
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