Patriot Rail Company LLC, SteelRiver Transport Ventures LLC, Global Diversified Infrastructure Fund (North America) LP, First State Infrastructure Managers (International) Limited, and Mitsubishi UFJ Financial Group, Inc.-Control Exemption-Delta Southern Railroad, Inc., 79034 [2022-28031]

Download as PDF 79034 Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices anticipated that the BBNJ Agreement may be adopted at the conclusion of negotiations in this session. Additional information on the BBNJ process is available at www.un.org/bbnj. We are inviting interested U.S. stakeholders to this virtual public meeting to share views about the BBNJ IGC, in particular to provide information to assist the U.S. Government in developing its positions. We will provide a brief overview of the upcoming negotiations and listen to the viewpoints of U.S. stakeholders. The information obtained from this session will help the U.S. delegation prepare for participation in the resumed fifth IGC session. Authority: 22 U.S.C. 2656. Elizabeth Kim, Director, Office of Ocean and Polar Affairs, Department of State. [FR Doc. 2022–27938 Filed 12–22–22; 8:45 am] BILLING CODE 4710–09–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36642] Patriot Rail Company LLC, SteelRiver Transport Ventures LLC, Global Diversified Infrastructure Fund (North America) LP, First State Infrastructure Managers (International) Limited, and Mitsubishi UFJ Financial Group, Inc.— Control Exemption—Delta Southern Railroad, Inc. Patriot Rail Company LLC (Patriot), SteelRiver Transport Ventures LLC; Global Diversified Infrastructure Fund (North America) LP; First State Infrastructure Managers (International) Limited; and Mitsubishi UFJ Financial Group, Inc. (MUFG) (collectively, Patriot Rail), have filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to acquire control of Delta Southern Railroad, Inc. (DSRR), a Class III rail carrier.1 Through this transaction, Patriot Rail would acquire from West Branch Intermediate Holdings, LLC (West Branch), a noncarrier, a controlling interest in DSRR. Patriot Rail currently controls 31 Class III rail carriers (the Patriot Short Lines).2 TKELLEY on DSK125TN23PROD with NOTICE 1 The verified notice states that DSRR owns and operates two lines: the first rail line begins at Tallulah, La., and continues to Lake Providence, La.; the second line extends from Monroe, La., to Sterlington, La. Maps depicting the DSRR lines are contained in Exhibit B of the verified notice. 2 Exhibit C of the verified notice of exemption lists the short line carriers indirectly controlled by Patriot Rail. Maps depicting the Patriot Short Lines are contained in Exhibit D of the verified notice. VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 The transaction may be consummated on or after January 6, 2023, the effective date of the exemption.3 According to the verified notice, through a Stock Purchase Agreement, Patriot would acquire a controlling interest in DSRR through Patriot’s purchase of all DSRR’s issued and outstanding stock. Patriot states that the proposed transaction involves a stock acquisition and would have no effect on DSRR’s corporate entity status. The verified notice indicates that: (1) none of the Patriot Short Lines connect with DSSR; (2) the transaction is not part of a series of anticipated transactions that would connect any of the Patriot Short Lines or DSRR; and (3) the transaction does not involve a Class I rail carrier. The proposed transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 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 for stay must be filed no later than December 30, 2022 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36642, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, 3 On September 28, 2022, Lake Providence Port Commission (LPPC) replied in opposition to the verified notice, requesting that the Board postpone the effective date and ‘‘ultimately reject Patriot Rail’s petition insofar as it would permit [West Branch and DSRR] to disrupt’’ the feeder line application proceeding in Docket No. FD 36447, in which LPPC is attempting to acquire one of DSRR’s lines. (LPPC Reply 1–2.) By decision served October 14, 2022, this proceeding was placed in abeyance until further order of the Board, and Patriot Rail, DSRR, and LPPC were directed to meet and confer on the issues raised in Docket No. FD 36647. Patriot Rail Co. LLC,—Control Exemption—Delta S. R.R., FD 36447 et al., slip op. at 2 (STB served October 14, 2022). By decision served December 20, 2022, the Board denied LPPC’s request to reject the notice of exemption and lifted the abeyance in this proceeding. PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Patriot Rail’s representative, John M. Scheib, Gentry Locke, 919 E Main Street, Suite 1130, Richmond, VA 23219. According to Patriot Rail, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: December 20, 2022. By the Board, Cynthia T. Brown, Acting Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2022–28031 Filed 12–22–22; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 35724; Docket No. FD 35724 (Sub-No. 1)] California High-Speed Rail Authority— Construction Exemption—In Merced, Madera, and Fresno Counties, Cal.; California High-Speed Rail Authority— Construction Exemption—In Fresno, Kings, Tulare, and Kern Counties, Cal.; Decision On September 17, 2021, the California High-Speed Rail Authority (Authority), a Class III non-operating rail carrier, filed a petition to reopen Docket No. FD 35724 (Merced Petition) and a petition to reopen Docket No. 35724 (Sub-No. 1) 1 (Fresno Petition). In Docket No. FD 35724, the Board in 2013 granted the Authority an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 to construct approximately 65 miles of high-speed passenger rail line between Merced, Cal., and Fresno, Cal. (the Merced to Fresno Section),2 and in Docket No. FD 35724 (Sub-No. 1), the Board in 2014 granted the Authority an exemption to construct approximately 114 miles of high-speed passenger rail line between Fresno and Bakersfield, Cal. (the Fresno to Bakersfield Section).3 In its September 2021 petitions to reopen those dockets, the Authority sought the Board’s approval for an 1 These proceedings are not consolidated. A single decision is being issued for administrative convenience. 2 Cal. High-Speed Rail Auth.—Constr. Exemption—in Merced, Madera, & Fresno Cntys., Cal. (June 2013 Decision), FD 35724 (STB served June 13, 2013). 3 Cal. High-Speed Rail Auth.—Constr. Exemption—in Fresno, Kings, Tulare, & Kern Cntys., Cal. (Aug. 2014 Decision), FD 35724 (SubNo. 1) (STB served Aug. 12, 2014). E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

Surface Transportation Board

[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Page 79034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28031]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36642]


Patriot Rail Company LLC, SteelRiver Transport Ventures LLC, 
Global Diversified Infrastructure Fund (North America) LP, First State 
Infrastructure Managers (International) Limited, and Mitsubishi UFJ 
Financial Group, Inc.--Control Exemption--Delta Southern Railroad, Inc.

    Patriot Rail Company LLC (Patriot), SteelRiver Transport Ventures 
LLC; Global Diversified Infrastructure Fund (North America) LP; First 
State Infrastructure Managers (International) Limited; and Mitsubishi 
UFJ Financial Group, Inc. (MUFG) (collectively, Patriot Rail), have 
filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
acquire control of Delta Southern Railroad, Inc. (DSRR), a Class III 
rail carrier.\1\ Through this transaction, Patriot Rail would acquire 
from West Branch Intermediate Holdings, LLC (West Branch), a 
noncarrier, a controlling interest in DSRR. Patriot Rail currently 
controls 31 Class III rail carriers (the Patriot Short Lines).\2\
---------------------------------------------------------------------------

    \1\ The verified notice states that DSRR owns and operates two 
lines: the first rail line begins at Tallulah, La., and continues to 
Lake Providence, La.; the second line extends from Monroe, La., to 
Sterlington, La. Maps depicting the DSRR lines are contained in 
Exhibit B of the verified notice.
    \2\ Exhibit C of the verified notice of exemption lists the 
short line carriers indirectly controlled by Patriot Rail. Maps 
depicting the Patriot Short Lines are contained in Exhibit D of the 
verified notice.
---------------------------------------------------------------------------

    The transaction may be consummated on or after January 6, 2023, the 
effective date of the exemption.\3\
---------------------------------------------------------------------------

    \3\ On September 28, 2022, Lake Providence Port Commission 
(LPPC) replied in opposition to the verified notice, requesting that 
the Board postpone the effective date and ``ultimately reject 
Patriot Rail's petition insofar as it would permit [West Branch and 
DSRR] to disrupt'' the feeder line application proceeding in Docket 
No. FD 36447, in which LPPC is attempting to acquire one of DSRR's 
lines. (LPPC Reply 1-2.) By decision served October 14, 2022, this 
proceeding was placed in abeyance until further order of the Board, 
and Patriot Rail, DSRR, and LPPC were directed to meet and confer on 
the issues raised in Docket No. FD 36647. Patriot Rail Co. LLC,--
Control Exemption--Delta S. R.R., FD 36447 et al., slip op. at 2 
(STB served October 14, 2022). By decision served December 20, 2022, 
the Board denied LPPC's request to reject the notice of exemption 
and lifted the abeyance in this proceeding.
---------------------------------------------------------------------------

    According to the verified notice, through a Stock Purchase 
Agreement, Patriot would acquire a controlling interest in DSRR through 
Patriot's purchase of all DSRR's issued and outstanding stock. Patriot 
states that the proposed transaction involves a stock acquisition and 
would have no effect on DSRR's corporate entity status.
    The verified notice indicates that: (1) none of the Patriot Short 
Lines connect with DSSR; (2) the transaction is not part of a series of 
anticipated transactions that would connect any of the Patriot Short 
Lines or DSRR; and (3) the transaction does not involve a Class I rail 
carrier. The proposed transaction is therefore exempt from the prior 
approval requirements of 49 U.S.C. 11323 pursuant to 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 for stay must be filed no later than December 30, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36642, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
Patriot Rail's representative, John M. Scheib, Gentry Locke, 919 E Main 
Street, Suite 1130, Richmond, VA 23219.
    According to Patriot Rail, this action is categorically excluded 
from environmental review under 49 CFR 1105.6(c) and from historic 
reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: December 20, 2022.

    By the Board, Cynthia T. Brown, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-28031 Filed 12-22-22; 8:45 am]
BILLING CODE 4915-01-P

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