Ottawa Northern Railroad LLC-Acquisition and Change in Operator Exemption-Midland Historical Railway Association, 16074-16075 [2023-05223]

Download as PDF 16074 Federal Register / Vol. 88, No. 50 / Wednesday, March 15, 2023 / Notices should be submitted on or before April 5, 2023. Administration, 409 Third Street SW, Washington, DC 20416. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.17 Sherry R. Haywood, Assistant Secretary. Bailey DeVries, Associate Administrator, Office of Investment and Innovation. [FR Doc. 2023–05078 Filed 3–14–23; 8:45 am] BILLING CODE 8026–09–P [FR Doc. 2023–05270 Filed 3–14–23; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF STATE [Public Notice: 12003] SMALL BUSINESS ADMINISTRATION [License No. 02/02–0694] lotter on DSK11XQN23PROD with NOTICES1 Cephas Capital Partners III, LP; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Cephas Capital Partners III, LP, 11 Schoen Place, 8th Floor, Pittsford, NY 14534, a Federal Licensee under the Small Business Investment Act of 1958, as amended (‘‘the Act’’), in connection with the financing of a small concerns, has sought an exemption under section 312 of the Act and 13 CFR 107.730, Financings which Constitute Conflicts of Interest of the Code of Federal Regulations. Cephas Capital Partners III, LP is proposing to provide financing to Air-Flo Mfg. Co, Inc. et al, 365 Upper Oakwood Avenue, Elmira Heights, New York, 14903 to support the company’s growth and refinance existing company debt. The proposed transaction is brought within the purview of § 107.730 of the Regulations because Cephas Capital Partners III, LP is an Associate of Cephas Capital Partners II, LP by virtue of Common Control as defined at 13 CFR 107.50, holds an investment in AirFlo Mfg. Co, Inc. and the proposed transaction represents a conflict of interest because Cephas Capital Partners III, LP and its Associates did not previously invest in the small business at the same time and on the same terms and conditions, and the proposed financing to Air-Flo Mfg. Co, Inc. will discharge an obligation to Associates or free other funds to pay such obligation. Therefore, the proposed transaction is considered self-deal pursuant to 13 CFR 107.730 and requires a regulatory exemption. Notice is hereby given that any interested person may submit written comments on the transaction within fifteen days of the date of this publication to Associate Administrator for Investment, U.S. Small Business 17 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 18:48 Mar 14, 2023 Jkt 259001 U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting The Department of State’s Advisory Committee on Private International Law (ACPIL) will hold its annual meeting in hybrid format on Monday, April 24, 2023. The meeting will be held at the Georgetown University Law Center, Gewirz Student Center, 600 New Jersey Avenue NW, Washington, DC 20001. The program is scheduled to run from 9:00 a.m. to 4:00 p.m. The meeting will include discussions on commercial arbitration, digital and financial law, and plans for the upcoming Special Commission on the Practical Operation of the 1980 Child Abduction Convention. It will also address private international law developments over the last year and possible future work. If time allows other topics of interest may be discussed. Time and Place: The meeting will take place on Monday, April 24, 2023, at Georgetown University Law Center, Gewirz Student Center, 600 New Jersey Avenue NW, Washington, DC 20001. Those who cannot participate by either format but wish to comment are welcome to do so by email to Sharla Draemel at pil@state.gov. Public Participation: This meeting is open to the public. Anyone attending in-person will be required to follow Georgetown University’s COVID regulations and procedures, including (1) completing the online COVID clearance registration form not later than Thursday, April 20 (the link for the form will be provided once you register); (2) presenting your completed vaccination form upon arrival at the Law Center; and (3) wearing a mask throughout the meeting. Priority for in-person seating will be given to members of the Advisory Committee, and remaining seating will be reserved based upon when persons contact pil@state.gov. Those planning to attend should provide their name, affiliation and contact information to pil@state.gov no later than April 12, 2023, stating in their response whether PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 they will attend in-person or virtually. Room information for in-person attendance and a Zoom link for virtual attendance will be provided following registration. A member of the public needing reasonable accommodation should notify pil@state.gov not later than April 10, 2023. Requests made after that date will be considered but might not be able to be fulfilled. A more detailed agenda will be available to registered participants in advance of the meeting. Persons who wish to have their views considered are encouraged, but not required, to submit written comments in advance. Comments should be sent electronically to pil@ state.gov. When you register, please indicate whether attending in-person or via Zoom. If you are attending virtually, please indicate if you require captioning. Zachary A. Parker, Director, Office of Directives Management, U.S. Department of State. [FR Doc. 2023–05260 Filed 3–14–23; 8:45 am] BILLING CODE 4710–08–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36674] Ottawa Northern Railroad LLC— Acquisition and Change in Operator Exemption—Midland Historical Railway Association Ottawa Northern Railroad LLC (ONR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate as a common carrier over approximately 11.09 miles of rail line owned by the Midland Historical Railway Association (MHRA) between milepost 14.95 near Baldwin City, Kan., and milepost 26.04 at Ottawa, Kan. (the Line). This transaction is related to a concurrently filed verified notice of exemption in Chicago Rock Island & Pacific Railroad—Continuance in Control Exemption—Ottawa Northern Railroad, Docket No. FD 36675, in which ONR’s parent company, Chicago Rock Island & Pacific Railroad LLC, seeks to continue in control of ONR upon ONR’s becoming a Class III rail carrier. According to the verified notice, ONR and MHRA have reached an agreement pursuant to which ONR will acquire the Line and, upon consummation of the acquisition transaction, replace Leavenworth, Lawrence & Galveston Railroad d/b/a the Baldwin City & Southern Railroad Company (BC&S) as the common carrier service provider on E:\FR\FM\15MRN1.SGM 15MRN1 Federal Register / Vol. 88, No. 50 / Wednesday, March 15, 2023 / Notices the Line.1 The verified notice indicates that MHRA controls BC&S and that BC&S does not object to the proposed transaction by which it would be replaced by ONR as operator on the Line. ONR certifies that the agreement governing the proposed transaction does not have an interchange commitment. ONR further certifies that its projected annual revenues will not exceed $5 million and will not result in ONR’s 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. ONR states that there are currently no customers on the Line, and accordingly, no shippers to notify of the transaction. The earliest this transaction may be consummated is March 29, 2023. ONR states that it expects to consummate its acquisition of, and commence common carrier operations over, the Line on or after that date. 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 March 22, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36674, 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, a copy of each pleading must be served on ONR’s representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to ONR, 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. lotter on DSK11XQN23PROD with NOTICES1 Decided: March 9, 2023. 1 ONR notes that Midland Railroad LLC secured permissive authority to acquire the line and operate it in place of BC&S in Midland Railroad— Acquisition & Change in Operator Exemption— Midland Historical Railway Ass’n, FD 36640 (STB served Sept. 15, 2022), but did not undertake the authorized transaction and has sought permission from the Board to withdraw its notice of exemption in that docket. VerDate Sep<11>2014 18:48 Mar 14, 2023 Jkt 259001 By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2023–05223 Filed 3–14–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36675] Chicago Rock Island & Pacific Railroad LLC—Continuance in Control Exemption—Ottawa Northern Railroad LLC Chicago Rock Island & Pacific Railroad LLC (Rock Island), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Ottawa Northern Railroad LLC (ONR), a noncarrier controlled by Rock Island, upon ONR’s becoming a Class III rail carrier. According to the verified notice, the proposed transaction will allow Rock Island to continue to exercise common control of ONR and Rock Island’s existing subsidiary, Gulf & Ship Island Railroad LLC (G&SI), a Class III rail carrier that operates in the state of Mississippi.1 This transaction is related to a concurrently filed verified notice of exemption in Ottawa Northern Railroad—Acquisition & Change in Operator Exemption—Midland Historical Railway Ass’n., Docket No. FD 36674, in which ONR seeks to acquire and begin common carrier operations over approximately 11.09 miles of rail line owned by the Midland Historical Railway Association between milepost 14.95 near Baldwin City, Kan., and milepost 26.04 at Ottawa, Kan., replacing Leavenworth, Lawrence & Galveston Railroad d/b/a the Baldwin City & Southern Railroad Company as the common carrier service provider on that line. Rock Island represents that: (1) the rail line to be operated by ONR does not connect with Rock Island’s lines or any of G&SI’s lines; (2) the control transaction is not part of a series of anticipated transactions that would result in such a connection; and (3) the transaction does not involve a Class I rail carrier. The proposed transaction is therefore exempt from the prior 1 Rock Island notes that the notice of exemption filed in Chicago, Rock Island & Pacific Railroad— Continuance in Control Exemption—Gulf & Ship Island Railroad, Docket No. FD 36520, mistakenly lists ‘‘Mississippi Delta’’ as a Class III carrier under Rock Island’s control. Rock Island explains that ‘‘Mississippi Delta’’ is a trade name for Rock Island’s contract carriage north of Swan Lake, Miss., and not a railroad common carrier. PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 16075 approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2). The transaction may be consummated on or after March 29, 2023, 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 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 March 22, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36675, 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 Rock Island’s representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606–3208. According to Rock Island, 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: March 9, 2023. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2023–05245 Filed 3–14–23; 8:45 am] BILLING CODE 4915–01–P SUSQUEHANNA RIVER BASIN COMMISSION Projects Approved for Consumptive Uses of Water Susquehanna River Basin Commission. ACTION: Notice. AGENCY: This notice lists Approvals by Rule for projects by the Susquehanna SUMMARY: E:\FR\FM\15MRN1.SGM 15MRN1

Agencies

[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 16074-16075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05223]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36674]


Ottawa Northern Railroad LLC--Acquisition and Change in Operator 
Exemption--Midland Historical Railway Association

    Ottawa Northern Railroad LLC (ONR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire and 
operate as a common carrier over approximately 11.09 miles of rail line 
owned by the Midland Historical Railway Association (MHRA) between 
milepost 14.95 near Baldwin City, Kan., and milepost 26.04 at Ottawa, 
Kan. (the Line).
    This transaction is related to a concurrently filed verified notice 
of exemption in Chicago Rock Island & Pacific Railroad--Continuance in 
Control Exemption--Ottawa Northern Railroad, Docket No. FD 36675, in 
which ONR's parent company, Chicago Rock Island & Pacific Railroad LLC, 
seeks to continue in control of ONR upon ONR's becoming a Class III 
rail carrier.
    According to the verified notice, ONR and MHRA have reached an 
agreement pursuant to which ONR will acquire the Line and, upon 
consummation of the acquisition transaction, replace Leavenworth, 
Lawrence & Galveston Railroad d/b/a the Baldwin City & Southern 
Railroad Company (BC&S) as the common carrier service provider on

[[Page 16075]]

the Line.\1\ The verified notice indicates that MHRA controls BC&S and 
that BC&S does not object to the proposed transaction by which it would 
be replaced by ONR as operator on the Line.
---------------------------------------------------------------------------

    \1\ ONR notes that Midland Railroad LLC secured permissive 
authority to acquire the line and operate it in place of BC&S in 
Midland Railroad--Acquisition & Change in Operator Exemption--
Midland Historical Railway Ass'n, FD 36640 (STB served Sept. 15, 
2022), but did not undertake the authorized transaction and has 
sought permission from the Board to withdraw its notice of exemption 
in that docket.
---------------------------------------------------------------------------

    ONR certifies that the agreement governing the proposed transaction 
does not have an interchange commitment. ONR further certifies that its 
projected annual revenues will not exceed $5 million and will not 
result in ONR's 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. ONR states that there are currently no customers on the Line, 
and accordingly, no shippers to notify of the transaction.
    The earliest this transaction may be consummated is March 29, 2023. 
ONR states that it expects to consummate its acquisition of, and 
commence common carrier operations over, the Line on or after that 
date.
    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 March 22, 
2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36674, 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, a copy of each pleading must be served on 
ONR's representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to ONR, 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: March 9, 2023.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2023-05223 Filed 3-14-23; 8:45 am]
BILLING CODE 4915-01-P
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