Jason W. Grube-Continuance in Control Exemption-Rochester & Erie Railway, LLC, 20934-20935 [2023-07355]

Download as PDF 20934 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Notices LLC (G&A),1 a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire control of three Class III railroads currently controlled by MB Rail IB, LLC (MBR IB): 2 Camp Chase Rail, LLC (Camp Chase); Chesapeake and Indiana Railroad Company, Inc. (CKIN); and Vermilion Valley Railroad Company, Inc. (VVRC), (collectively the Target Railroads).3 The verified notice states that, pursuant to a Purchase Agreement dated March 17, 2023,4 G&A has agreed to acquire from MBR IB 100% of the equity interests of the Target Railroads. Currently, G&A directly controls, and MIP GP, MIP V, and MIP Rail indirectly control, Grenada Railroad, LLC (GRYR), and Florida, Gulf & Atlantic Railroad, LLC (FG&A).5 (Verified Notice 3.) MIP GP states that: (1) the Target Railroad lines, GRYR, and FG&A do not connect with one another; (2) the proposed transaction is not part of a series of anticipated transactions that would connect the Target Railroads, The Interest Rates are: GRYR, or FG&A with each other or with any railroad in their corporate family; Percent and (3) the transaction does not involve a Class I rail carrier. Therefore, the For Physical Damage: Non-Profit Organizations with proposed transaction is exempt from the Credit Available Elsewhere ... 2.375 prior approval requirements of 49 U.S.C. Non-Profit Organizations with11323. See 49 CFR 1180.2(d)(2). out Credit Available ElseThe earliest this transaction may be where ..................................... 2.375 consummated is April 21, 2023, the For Economic Injury: effective date of the exemption (30 days Non-Profit Organizations withafter the verified notice was filed). out Credit Available ElseUnder 49 U.S.C. 10502(g), the Board where ..................................... 2.375 may not use its exemption authority to relieve a rail carrier of its statutory The number assigned to this disaster obligation to protect the interests of its for physical damage is 17838 C and for economic injury is 17839 0. 1 Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Recovery & Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 03/30/2023, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Carroll, Humphreys, Monroe, Montgomery, Panola, Sharkey. (Catalog of Federal Domestic Assistance Number 59008) Francisco Sa´nchez, Jr., Associate Administrator, Office of Disaster Recovery & Resilience. [FR Doc. 2023–07282 Filed 4–6–23; 8:45 am] BILLING CODE 8026–09–P SURFACE TRANSPORTATION BOARD ddrumheller on DSK120RN23PROD with NOTICES1 [Docket No. FD 36685] Macquarie Infrastructure Partners V GP, LLC—Control Exemption—Camp Chase Rail, LLC, Chesapeake and Indiana Railroad Company, Inc., and Vermilion Valley Railroad Company, Inc. Macquarie Infrastructure Partners V GP, LLC (MIP GP), a noncarrier, filed on behalf of MIP Infrastructure Partners V fund vehicle (MIP V), MIP V Rail, LLC (MIP Rail), and Gulf & Atlantic Railway VerDate Sep<11>2014 19:11 Apr 06, 2023 Jkt 259001 The verified notice states that G&A is wholly owned by MIP Rail, which is wholly owned by MIP V. MIP V is controlled by its general partner, MIP GP. (Verified Notice 4.) 2 See MB Rail IB, LLC—Acquis. of Control Exemption—Chesapeake & Ind. R.R., FD 36413 (STB served Sept. 10, 2021). 3 Camp Chase operates approximately 14 miles of rail line in Ohio. (Verified Notice 4); see also Camp Chase Rail—Acquis. & Operation Exemption— Camp Chase Ry., FD 36414 (STB served July 1, 2020). CKIN operates approximately 28 miles of rail line in northwestern Indiana. (Verified Notice 4); see also Chesapeake & Ind. R.R.—Amended Operation Exemption—Town of North Judson, Ind., FD 36147 (STB served Oct. 20, 2017). VVRC operates approximately 8.4 miles of track (including approximately 7.81 main line miles) in east-central Illinois and west-central Indiana. (Verified Notice 4); see also Vermilion Valley R.R.—Operation Exemption—FNG Logistics Co., FD 34340 (STB served May 16, 2003) & Vermilion Valley R.R.— Lease & Operation Exemption—CSX Transp., Inc., FD 36350 (STB served Oct. 18, 2019). 4 Public and confidential versions of the Purchase Agreement were filed with the verified notice. The confidential version was submitted under seal concurrently with a motion for protective order, which is addressed in a separate decision. 5 See Macquarie Infrastructure Partners V GP, LLC—Acquis. of Control Exemption—Grenada R.R. & Fla., Gulf & Atl. R.R., FD 36566 (STB served Dec. 10, 2021 & Apr. 7, 2022). PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 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 April 14, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36685, should be filed with the Surface Transportation Board via efiling 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 MIP GP’s representative, Terence M. Hynes, Sidley Austin LLP, 1501 K Street NW, Washington, DC 20005. According to MIP GP, 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. By the Board, Mai T. Dinh, Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2023–07366 Filed 4–6–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36684] Jason W. Grube—Continuance in Control Exemption—Rochester & Erie Railway, LLC Jason W. Grube (Grube), a noncarrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to exempt from the provisions of 49 U.S.C. 11323 his continuance in control of Rochester & Erie Railway, LLC (RERY), a noncarrier, upon RERY’s becoming a Class III rail carrier. The transaction is related to a concurrently filed verified notice of exemption in Rochester & Erie Railway—Operation Exemption—Fulton County, LLC, Docket No. FD 36671. In that proceeding, RERY seeks an E:\FR\FM\07APN1.SGM 07APN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Notices exemption under 49 CFR 1150.31 to operate 11.7 miles of rail line between milepost I–108.6 near Argos and milepost I–96.9 at Rochester, in Marshall and Fulton Counties, Ind. (the Line). The Line is owned by Fulton County, LLC, d/b/a Fulton County Railroad (FCRR), a Class III carrier. According to the verified notice, Grube indirectly controls FCRR—the owner of the Line—through his ownership of Grube Industries, LLC, which owns Steel on Steel Railways, LLC, which in turn owns FCRR. The verified notice states that Grube will continue in control of RERY (as majority owner) upon RERY’s becoming a Class III rail carrier. Grube states that the Line is the only rail line owned or operated by the corporate family, and therefore it does not connect with any other railroads in the corporate family; nor is the continuance in control of RERY part of series of anticipated transactions that would connect the Line with any other railroad in the corporate family. Furthermore, 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 U.S.C. 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. Accordingly, because this transaction involves Class III rail carriers only, the Board may not impose labor protective conditions here. The earliest this transaction may be consummated is April 21, 2023, the effective date of the exemption (30 days after the verified notice was filed). 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 April 14, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36684, 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 Grube’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103. VerDate Sep<11>2014 19:11 Apr 06, 2023 Jkt 259001 According to Grube, 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: April 4, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. [FR Doc. 2023–07355 Filed 4–6–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36671] Rochester & Erie Railway, LLC— Operation Exemption—Fulton County, LLC, d/b/a Fulton County Railroad Rochester & Erie Railway, LLC (RERY), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1150.31 to operate 11.7 miles of rail line between milepost I-108.6 near Argos and milepost I-96.9 at Rochester, in Marshall and Fulton Counties, Ind. (the Line). The Line includes a short stubended spur extending west from approximately milepost 98.1 and terminating at U.S. Route 31. The verified notice states that the Line is owned by Fulton County, LLC, d/b/ a Fulton County Railroad (FCRR), a Class III carrier, and local service has been provided on the Line by Elkhart & Western Railroad Company (EWR) under a local trackage rights agreement. According to the verified notice, that local trackage rights agreement has expired and RERY is entering into an agreement to operate the following on behalf of FCRR: (1) the Line; and (2) FCRR’s incidental trackage rights over Norfolk Southern Railway Company’s (NSR) tracks between milepost I-108.6 and NSR’s Argos Yard, a distance of 1.1 miles. RERY states that EWR has advised the shippers on the Line that it will no longer provide service.1 This transaction is related to a concurrently filed verified notice of exemption in Grube—Continuance in Control Exemption—Rochester & Erie Railway, Docket No. FD 36684, in which the Jason W. Grube seeks to continue in control of RERY upon RERY’s becoming a Class III rail carrier. 20935 RERY certifies that its projected revenues as a result of the transaction will not result in the creation of a Class II or Class I rail carrier. The verified notice states that, upon commencement of operations under the operating agreement, RERY will be a Class III rail carrier. RERY also certifies that FCRR is not subject to any interchange commitments and the new operating agreement will not impose or include an interchange commitment. The transaction may be consummated on or after April 21, 2023, the effective date of the exemption (30 days after the verified notice was filed). 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 April 14, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36671, 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 RERY’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103. According to RERY, 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: April 4, 2020. By the Board, Mai T. Dinh, Director, Office of Proceedings. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2023–07354 Filed 4–6–23; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Noise Exposure Map Notice; Key West International Airport, Key West, Florida Federal Aviation Administration, DOT. ACTION: Notice. AGENCY: 1 EWR has filed a petition for exemption from the prior approval requirements of 49 U.S.C. 10903 to discontinue its local trackage rights over the Line. See Pet. for Exemption, Elkhart & W. R.R.— Discontinuance of Trackage Rts. Exemption—in Marshall & Fulton Cntys., Ind., AB 1329X (Mar. 24, 2023). PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 The Federal Aviation Administration (FAA) announces its determination that the Noise Exposure SUMMARY: E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Pages 20934-20935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07355]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36684]


Jason W. Grube--Continuance in Control Exemption--Rochester & 
Erie Railway, LLC

    Jason W. Grube (Grube), a noncarrier, has filed a verified notice 
of exemption under 49 CFR 1180.2(d)(2) to exempt from the provisions of 
49 U.S.C. 11323 his continuance in control of Rochester & Erie Railway, 
LLC (RERY), a noncarrier, upon RERY's becoming a Class III rail 
carrier.
    The transaction is related to a concurrently filed verified notice 
of exemption in Rochester & Erie Railway--Operation Exemption--Fulton 
County, LLC, Docket No. FD 36671. In that proceeding, RERY seeks an

[[Page 20935]]

exemption under 49 CFR 1150.31 to operate 11.7 miles of rail line 
between milepost I-108.6 near Argos and milepost I-96.9 at Rochester, 
in Marshall and Fulton Counties, Ind. (the Line). The Line is owned by 
Fulton County, LLC, d/b/a Fulton County Railroad (FCRR), a Class III 
carrier.
    According to the verified notice, Grube indirectly controls FCRR--
the owner of the Line--through his ownership of Grube Industries, LLC, 
which owns Steel on Steel Railways, LLC, which in turn owns FCRR. The 
verified notice states that Grube will continue in control of RERY (as 
majority owner) upon RERY's becoming a Class III rail carrier. Grube 
states that the Line is the only rail line owned or operated by the 
corporate family, and therefore it does not connect with any other 
railroads in the corporate family; nor is the continuance in control of 
RERY part of series of anticipated transactions that would connect the 
Line with any other railroad in the corporate family. Furthermore, 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 U.S.C. 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. Accordingly, 
because this transaction involves Class III rail carriers only, the 
Board may not impose labor protective conditions here.
    The earliest this transaction may be consummated is April 21, 2023, 
the effective date of the exemption (30 days after the verified notice 
was filed). 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 April 
14, 2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36684, 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 
Grube's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce 
Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103.
    According to Grube, 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: April 4, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2023-07355 Filed 4-6-23; 8:45 am]
BILLING CODE 4915-01-P
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