Cape May Seashore Lines, Inc.-Trackage Rights Exemption-New Jersey Transit Corporation, 71699 [2021-27374]

Download as PDF Federal Register / Vol. 86, No. 240 / Friday, December 17, 2021 / Notices 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (‘‘SBA’’) Rules and Regulations (13 CFR 107.730). Resolute Capital Partners Fund V–B, L.P. is seeking a written exemption from SBA for a proposed financing to Salt Dental Collective, 1245 SE 3rd Street, Suite A2, Bend, OR 97702. The financing is brought within the purview of § 107.730(a) of the Regulations because Salt Dental Collective is an Associate of Resolute Capital Partners Fund V–B, L.P. because Associate Resolute Capital Partners Fund IV, L.P. owns a greater than ten percent interest in Salt Dental Collective, therefore this transaction is considered Financing which constitute conflicts of interest requiring SBA’s prior written 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 Administration, 409 Third Street SW, Washington, DC 20416. United States Small Business Administration. Bailey DeVries, Associate Administrator, Office of Investment and Innovation. [FR Doc. 2021–27402 Filed 12–16–21; 8:45 am] BILLING CODE P SMALL BUSINESS ADMINISTRATION [License No. 04/04–0357] jspears on DSK121TN23PROD with NOTICES1 Resolute Capital Partners Fund V–A, L.P.; Conflicts of Interest Exemption Notice is hereby given that Resolute Capital Partners Fund V–A, L.P., 20 Burton Hills Blvd., Suite 430, Nashville, TN 37215, a Federal Licensee under the Small Business Investment Act of 1958, as amended (‘‘the Act’’), in connection with the financing of a small business 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). Resolute Capital Partners Fund V–A, L.P. is seeking a written exemption from SBA for a proposed financing to Salt Dental Collective, 1245 SE 3rd Street, Suite A2, Bend, OR 97702. The financing is brought within the purview of § 107.730(a) of the Regulations because Salt Dental Collective is an Associate of Resolute Capital Partners Fund V–A, L.P. because VerDate Sep<11>2014 17:39 Dec 16, 2021 Jkt 256001 Associate Resolute Capital Partners Fund IV, L.P. owns a greater than ten percent interest in Salt Dental Collective, therefore this transaction is considered Financing which constitute conflicts of interest requiring SBA’s prior written 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 Administration, 409 Third Street SW, Washington, DC 20416. United States Small Business Administration. Bailey DeVries, Associate Administrator, Office of Investment and Innovation. [FR Doc. 2021–27397 Filed 12–16–21; 8:45 am] BILLING CODE P SURFACE TRANSPORTATION BOARD [Docket No. FD 36526] Cape May Seashore Lines, Inc.— Trackage Rights Exemption—New Jersey Transit Corporation Cape May Seashore Lines, Inc. (CMSL), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for acquisition of local trackage rights over a rail line owned by New Jersey Transit Corporation (NJ Transit), a noncarrier, that is comprised of a section of the Cape May Branch between milepost 27.02± at Winslow Junction, N.J., and milepost 53.0± at Tuckahoe, N.J., and a section of the Ocean City Branch between milepost 53.0± at Tuckahoe and milepost 58.7± at Palermo, N.J., a total distance of approximately 31.68 miles (the Line). Pursuant to a written trackage rights agreement (Agreement),1 NJ Transit has agreed to grant local trackage rights to CMSL over the Line. CMSL states that NJ Transit acquired the Line from Consolidated Rail Corporation (Conrail) but does not have a common carrier obligation with respect to the Line. According to CMSL, Conrail retains an easement to operate freight service on the Line, but NJ Transit has the right to grant access to other parties. CMSL states that under the Agreement, CMSL will provide local freight service over the Line, in lieu of and with the consent of Conrail, with Conrail retaining 1 A copy of the Agreement was filed with CMSL’s verified notice of exemption. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 71699 limited overhead trackage and interchange rights. The transaction may be consummated on or after December 31, 2021, the effective date of the exemption (30 days after the verified notice was filed). 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 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 for stay must be filed by December 23, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36526, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on CMSL’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103. According to CMSL, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: December 14, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Stefan Rice, Clearance Clerk. [FR Doc. 2021–27374 Filed 12–16–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36570] Sierra Northern Railway—Lease and Operation Exemption—Ventura County Transportation Commission Sierra Northern Railway (SNR), a Class III rail carrier, has filed a verified notice of exemption pursuant to 49 CFR 1150.41 to lease from Ventura County Transportation Commission (VCTC) and to operate an approximately 31.87-mile E:\FR\FM\17DEN1.SGM 17DEN1

Agencies

[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Page 71699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27374]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36526]


Cape May Seashore Lines, Inc.--Trackage Rights Exemption--New 
Jersey Transit Corporation

    Cape May Seashore Lines, Inc. (CMSL), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for 
acquisition of local trackage rights over a rail line owned by New 
Jersey Transit Corporation (NJ Transit), a noncarrier, that is 
comprised of a section of the Cape May Branch between milepost 
27.02 at Winslow Junction, N.J., and milepost 53.0 at Tuckahoe, N.J., and a section of the Ocean City Branch 
between milepost 53.0 at Tuckahoe and milepost 58.7 at Palermo, N.J., a total distance of approximately 31.68 miles 
(the Line).
    Pursuant to a written trackage rights agreement (Agreement),\1\ NJ 
Transit has agreed to grant local trackage rights to CMSL over the 
Line. CMSL states that NJ Transit acquired the Line from Consolidated 
Rail Corporation (Conrail) but does not have a common carrier 
obligation with respect to the Line. According to CMSL, Conrail retains 
an easement to operate freight service on the Line, but NJ Transit has 
the right to grant access to other parties. CMSL states that under the 
Agreement, CMSL will provide local freight service over the Line, in 
lieu of and with the consent of Conrail, with Conrail retaining limited 
overhead trackage and interchange rights.
---------------------------------------------------------------------------

    \1\ A copy of the Agreement was filed with CMSL's verified 
notice of exemption.
---------------------------------------------------------------------------

    The transaction may be consummated on or after December 31, 2021, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    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 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 for stay must be filed by December 23, 2021 (at 
least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36526, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on CMSL's 
representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 
2001 Market Street, Suite 2620, Philadelphia, PA 19103.
    According to CMSL, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: December 14, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2021-27374 Filed 12-16-21; 8:45 am]
BILLING CODE 4915-01-P