Macquarie Infrastructure Partners V GP, LLC-Control Exemption-Pioneer Valley Railroad Company, Inc., 62868-62869 [2023-19777]

Download as PDF 62868 Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices • Estimated Number of Responses: 5,000. • Average Time per Response: 10 minutes per form. • Total Estimated Burden Time: 833 hours. • Frequency: On occasion. • Obligation to Respond: Required to obtain or retain a benefit. We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper functions of the Department. • Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review. ddrumheller on DSK120RN23PROD with NOTICES1 Abstract of Proposed Collection The Office of Emergencies in the Diplomatic and Consular Service (EDCS) manages the solicitation and acceptance of gifts to the U.S. Department of State. The information requested via donor letters is a necessary first step to accepting donations. The information is sought pursuant to 22 U.S.C. 2697, 5 U.S.C. 7324 and 22 CFR part 3, and will be used by EDCS’s Gift Fund Coordinator to demonstrate the donor’s intention to donate either an in-kind or monetary gift to the Department. This information is mandatory and must be completed before the gift is received by the Department. Methodology The Department of State has the authority to accept gifts made for the benefit of the Department or for carrying out its functions. There are two types of gifts: in-kind, such as goods or services; and cash donations. The authorized requesting office must review the due diligence memorandum to make a determined judgment that soliciting and accepting a gift from a U.S. based or nonfederal entity would not case embarrassment or harm to the Department or its reputation. Once a donation is approved by the soliciting VerDate Sep<11>2014 17:37 Sep 12, 2023 Jkt 259001 office, donors are granted access to the Departments appropriate donor form for completion. A donor will receive an electronic copy of the form from the program office once approved to partner or donation to the Department for official solicitation and acceptance. The donor is required to make all donations payable directly to the Department of State sent with a donor form to CGFS/ EDCS. CGFS/EDCS accepts payment in the form of checks or wire transfers, there are two methodologies for completing and submitting this form, as opposed to being done only electronically. Option 1 (Electronically): The soliciting program officer will send the Donor Form electronically (retrieved from the Departments’ internal myData Forms used for printing and electronic submissions) to recipients who will complete it and return to EDCS at MEDCS@state.gov. The donors submit their payments through the Global Financial Operations (CGFS/GFO) where they provide financial instructions for the remittance of Automated Clearing House (ACH) credits to the United States Department of State. Option2: (Hard Copy): The soliciting program officer will send the Donor Form electronically and the donor will print and mail the form with a personal check or money order and return to EDCS by mail at 2201 C Street NW, Room 1821, Washington, DC 20520. CGFS/EDCS will deposit the donation in accordance with approved procedures, and the Bureau of Budget and Planning allots funds to the appropriate bureau. Crystal F. Jobe, Director, Gift Funds and K Fund Coordinator, CGFS/EDCS, Department of State. [FR Doc. 2023–19698 Filed 9–12–23; 8:45 am] BILLING CODE 4710–37–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36720] Macquarie Infrastructure Partners V GP, LLC—Control Exemption—Pioneer 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 Railways, LLC (G&A),1 a verified notice 1 The verified notice states that G&A is wholly owned by MIP Rail, which is wholly owned (indirectly) by MIP V. MIP V is controlled by MIP GP. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 of exemption under 49 CFR 1180.2(d)(2) to acquire control of Pioneer Valley Railroad Company, Inc. (PVRR),2 a Class III carrier currently controlled by Pinsly Railroad Company (Pinsly), a noncarrier. The verified notice states that, pursuant to a Purchase Agreement dated August 19, 2023,3 G&A has agreed to acquire from Pinsly 100% of the equity interests of PVRR. Currently, G&A directly controls, and MIP GP, MIP V, and MIP Rail indirectly control, five rail carriers: Grenada Railroad, LLC; Florida Gulf & Atlantic Railroad, LLC; Camp Chase Rail, LLC; Chesapeake and Indiana Railroad, LLC; and Vermilion Valley Railroad Company LLC.4 MIP GP states that: (1) PVRR does not connect with any of the railroads that would be in the same corporate family following the transaction; (2) the proposed transaction is not part of a series of anticipated transactions that would connect PVRR with any railroad in its corporate family; and (3) the transaction does not involve a Class I rail carrier. Therefore, the proposed transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). The earliest this transaction may be consummated is September 27, 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 to stay must be 2 PVRR operates approximately 27 miles of track, including 18 mainline miles, in Massachusetts. One of PVRR’s lines runs north from Westfield, Mass., towards Southampton, Mass. The other line runs northeast from Westfield to Holyoke, Mass. 3 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. 4 See Macquarie Infrastructure Partners V GP, LLC—Control Exemption—Camp Chase Rail, Chesapeake & Ind. R.R., & Vermilion Valley R.R., FD 36685 (STB served Apr. 7, 2023). E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices filed no later than September 20, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36720, 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. Decided: September 7, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2023–19777 Filed 9–12–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36704] ddrumheller on DSK120RN23PROD with NOTICES1 The Warren & Trumbull Railroad Company—Acquisition and Operation Exemption—Economic Development Rail II Corporation The Warren & Trumbull Railroad Company (WTRC), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from Economic Development Rail II Corporation (EDR–II), and to operate approximately 8.97 miles of rail line and associated right-of-way including: (1) the property known as North Warren Railroad located along the 2.78 miles of track between milepost 91.60 near the North Warren Station in Warren, Ohio and milepost 94.38 at North Warren in North Trumbull, Ohio; (2) the property known as a portion of Conrail’s Freedom Secondary Railroad between milepost 164.52 and milepost 160.60 in Warren, Ohio, and the K-Mart Lead extending from its connection with the Freedom Secondary at milepost 81.00 up to and including milepost 81.70; (3) the K-Mart Lead from milepost 81.70 up to and including milepost 82.90; and (4) the section of track beginning at milepost 82.90 up to and including track to the east R.O.W. of Park Avenue being 1435.61 feet ± (the Lines). VerDate Sep<11>2014 17:37 Sep 12, 2023 Jkt 259001 According to the verified notice, WTRC has operated over the Lines pursuant to an agreement between WTRC and EDR–II, and now WTRC seeks authority to acquire ownership of the Lines from EDR II. The verified notice states that the parties entered into a Purchase and Sale Agreement for WTRC to acquire and operate the Lines. WTRC states that the transaction will proceed as of the effective date of this notice of exemption. WTRC certifies that the proposed acquisition of the Lines does not involve any interchange commitments. WTRC further certifies that its projected revenues as a result of this transaction will not exceed those that would qualify it as a Class III carrier and will not exceed $5 million. The transaction may be consummated on or after September 27, 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 September 20, 2023. All pleadings, referring to Docket No. FD 36704, 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 WTRC’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103. According to WTRC, 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: September 8, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Raina White, Clearance Clerk. [FR Doc. 2023–19788 Filed 9–12–23; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 62869 SURFACE TRANSPORTATION BOARD [Docket No. FD 36705] Youngstown & Austintown Railroad, Inc.—Acquisition and Operation Exemption—Economic Development Rail Corporation Youngstown & Austintown Railroad, Inc. (YARR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from Economic Development Rail Corporation (EDRC) and to operate approximately 2.74 miles of rail line known as the Y and A Branch (Line Code 6556) (Austintown Industrial Track) from approximately milepost 0.76 (at a point south of the clearance point of the switch connection with CSX Transportation, Inc.) to approximately milepost 3.50 (at the northerly right-of-way line of Oakwood Avenue) in Youngstown, Mahoning County, Ohio (the Line). According to the verified notice, YARR is the current operator of the Line, having operated over the Line pursuant to an operating agreement between YARR and EDRC for over 30 years. The verified notice states that YARR has entered into a Purchase and Sale Agreement to acquire the Line from EDRC so that YARR can become the owner of the Line, as well as the operator. YARR certifies that the proposed acquisition of the Line does not involve any interchange commitments. YARR further certifies that its projected revenues as a result of this transaction will not exceed those that would qualify it as a Class III carrier and that its projected annual revenue will not exceed $5 million. The transaction may be consummated on or after September 27, 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 September 20, 2023. All pleadings referring to Docket No. FD 36705, should 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 YARR’s representative, Eric M Hocky, Clark Hill PLC, Two Commerce Square, 2001 E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62868-62869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19777]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36720]


Macquarie Infrastructure Partners V GP, LLC--Control Exemption--
Pioneer 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 Railways, LLC (G&A),\1\ 
a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire 
control of Pioneer Valley Railroad Company, Inc. (PVRR),\2\ a Class III 
carrier currently controlled by Pinsly Railroad Company (Pinsly), a 
non-carrier.
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    \1\ The verified notice states that G&A is wholly owned by MIP 
Rail, which is wholly owned (indirectly) by MIP V. MIP V is 
controlled by MIP GP.
    \2\ PVRR operates approximately 27 miles of track, including 18 
mainline miles, in Massachusetts. One of PVRR's lines runs north 
from Westfield, Mass., towards Southampton, Mass. The other line 
runs northeast from Westfield to Holyoke, Mass.
---------------------------------------------------------------------------

    The verified notice states that, pursuant to a Purchase Agreement 
dated August 19, 2023,\3\ G&A has agreed to acquire from Pinsly 100% of 
the equity interests of PVRR. Currently, G&A directly controls, and MIP 
GP, MIP V, and MIP Rail indirectly control, five rail carriers: Grenada 
Railroad, LLC; Florida Gulf & Atlantic Railroad, LLC; Camp Chase Rail, 
LLC; Chesapeake and Indiana Railroad, LLC; and Vermilion Valley 
Railroad Company LLC.\4\
---------------------------------------------------------------------------

    \3\ 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.
    \4\ See Macquarie Infrastructure Partners V GP, LLC--Control 
Exemption--Camp Chase Rail, Chesapeake & Ind. R.R., & Vermilion 
Valley R.R., FD 36685 (STB served Apr. 7, 2023).
---------------------------------------------------------------------------

    MIP GP states that: (1) PVRR does not connect with any of the 
railroads that would be in the same corporate family following the 
transaction; (2) the proposed transaction is not part of a series of 
anticipated transactions that would connect PVRR with any railroad in 
its corporate family; and (3) the transaction does not involve a Class 
I rail carrier. Therefore, the proposed transaction is exempt from the 
prior approval requirements of 49 U.S.C. 11323. See 49 CFR 
1180.2(d)(2).
    The earliest this transaction may be consummated is September 27, 
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 to stay must be

[[Page 62869]]

filed no later than September 20, 2023 (at least seven days before the 
exemption becomes effective).
    All pleadings, referring to Docket No. FD 36720, should be filed 
with the Surface Transportation Board 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 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.

    Decided: September 7, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2023-19777 Filed 9-12-23; 8:45 am]
BILLING CODE 4915-01-P
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