Lakeshore Terminal Railroad LLC-Acquisition and Operation Exemption-Track in Lake County, Ind., 87044-87045 [2023-27636]

Download as PDF 87044 Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Notices Electronic Comments SMALL BUSINESS ADMINISTRATION • Use the Commission’s internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include file number SR– EMERALD–2023–30 on the subject line. Data Collection Available for Public Comments Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. ddrumheller on DSK120RN23PROD with NOTICES1 All submissions should refer to file number SR–EMERALD–2023–30. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s internet website (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR–EMERALD–2023–30 and should be submitted on or before January 5, 2024. 60-Day notice and request for comments. ACTION: The Small Business Administration (SBA) intends to request approval, from the Office of Management and Budget (OMB) for the collection of information described below. The Paperwork Reduction Act (PRA) requires federal agencies to publish a notice in the Federal Register concerning each proposed collection of information before submission to OMB, and to allow 60 days for public comment in response to the notice. This notice complies with that requirement. DATES: Submit comments on or before February 13, 2024. ADDRESSES: Send all comments to, Paul Kirwin, Chief, SBA Supervised Lender Oversight Division, Office of Credit Risk Management, Small Business Administration, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Paul Kirwin, Chief, SBA Supervised Lender Oversight Division, Office of Credit Risk Management 202–205–7261, paul.kirwin@sba.gov Curtis B. Rich, Agency Clearance Officer, 202–205– 7030, curtis.rich@sba.gov. SUPPLEMENTARY INFORMATION: Small Business Lending Companies (SBLCs), Community Advantage Small Business Lending Companies (CA SBLCs) and Non-federally regulated lenders (NFRLs) are non-depository lending institutions authorized by SBA primarily to make loans under section 7(a) of the Small Business Act. As sole regulator of these institutions, SBA requires them to submit audited financial statements annually as well as interim, quarterly financial statements and other reports to facilitate the Agency’s oversight of these lenders. SUMMARY: Solicitation of Public Comments [FR Doc. 2023–27530 Filed 12–14–23; 8:45 am] SBA is requesting comments on (a) Whether the collection of information is necessary for the agency to properly perform its functions; (b) whether the burden estimates are accurate; (c) whether there are ways to minimize the burden, including through the use of automated techniques or other forms of information technology; and (d) whether there are ways to enhance the quality, utility, and clarity of the information. BILLING CODE 8011–01–P Summary of Information Collection For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.128 Sherry R. Haywood, Assistant Secretary. 128 17 Collection: 3245–0077. Title of Collection: Reports to SBA Provisions of 13 CFR 120.464. CFR 200.30–3(a)(12). VerDate Sep<11>2014 17:57 Dec 14, 2023 Jkt 262001 PO 00000 Frm 00172 Fmt 4703 Sfmt 4703 Description of Respondents: Small Business Lending Companies (SBLCs) and Non-federally regulated lenders (NFRLs). Total Estimated Annual Responses: 594. Total Estimated Annual Hour Burden: 7,110. Curtis Rich, Agency Clearance Officer. [FR Doc. 2023–27638 Filed 12–14–23; 8:45 am] BILLING CODE 8026–09–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36742] Lakeshore Terminal Railroad LLC— Acquisition and Operation Exemption—Track in Lake County, Ind. Lakeshore Terminal Railroad LLC (Lakeshore Terminal), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1150.31 to acquire and operate approximately 0.5 miles (2,854 feet) of what is currently private industry track in East Chicago, Lake County, Ind., extending from a point of connection with Indiana Harbor Belt Railroad Company to the end of track (the Line). This transaction is related to a verified notice of exemption concurrently filed in Patriot Rail Company—Continuance in Control Exemption—Lakeshore Terminal Railroad, Docket No. FD 36743, in which Patriot Rail Company LLC and a number of other related applicants seek to continue in control of Lakeshore Terminal upon Lakeshore Terminal’s becoming a Class III rail carrier. According to Lakeshore Terminal, its noncarrier corporate affiliate, Lakeshore Railcar & Tanker Services LLC (Lakeshore Services), currently owns the Line and uses it for non-common carrier activity (primarily, freight car repair and cleaning). The verified notice states that Lakeshore Terminal and Lakeshore Services have an agreement under which Lakeshore Services will convey the Line to Lakeshore Terminal for the initiation of railroad common carrier service. Lakeshore Terminal states that it will operate and provide all rail common carrier service to customers on the Line and connecting ancillary trackage once the exemption becomes effective. Lakeshore Terminal certifies that it will not be subject to any limitations on its ability to interchange with a thirdparty connecting carrier. Lakeshore Terminal also certifies that its projected annual revenues are not expected to exceed $5 million and that the proposed E:\FR\FM\15DEN1.SGM 15DEN1 Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Notices transaction will not result in Lakeshore Terminal’s becoming a Class I or Class II rail carrier. The earliest this transaction may be consummated is December 31, 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 December 22, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36742, 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 Lakeshore Terminal’s representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606– 3208. According to Lakeshore Terminal, 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. Iowa Northern Railway Company (IANR) has filed a verified notice of exemption under 49 CFR 1180.2(d)(4) to renew its lease of the railroad property of North Central Iowa Rail Corridor, LLC (NCIRC), between milepost 48.12 at Belmond, Iowa, and milepost 75.95 at Forest City, Iowa, and 600 feet of connecting track at Garner, Iowa (the Line).1 According to the verified notice, in 2011, IANR leased the Line from NCIRC, for an initial term of ten years, pursuant to a lease and purchase agreement. See Iowa N. Ry.—Operation Exemption—N. Cent. Rail Corridor, LLC, FD 35508 (STB served May 26, 2011). IANR states that, in 2021, it and NCIRC agreed to renew the lease for an additional three years, from September 30, 2021, until September 30, 2024. IANR states that it did not file a notice of exemption before consummating the lease renewal because it was not aware that the renewal required an exemption or Board approval. IANR now seeks after-the-fact Board authorization for the transaction.2 IANR states that the agreement does not include any provision that would limit the future interchange of traffic with a third-party connecting carrier. IANR represents that the transaction involves a renewal of a lease that the Board previously authorized, and only an extension in time is involved. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(4). This transaction may be consummated on or after December 30, 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 December 22, 2023. All pleadings, referring to Docket No. FD 35508 (Sub-No. 1), 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 IANR’s representative, Kevin M. Sheys, Hogan 1 IANR filed a correction to its verified notice of exemption on December 5, 2023. 2 IANR does not seek retroactive effectiveness for the exemption. Decided: December 12, 2023. By the Board, Mai Dinh, Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2023–27636 Filed 12–14–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 35508 (Sub-No. 1)] ddrumheller on DSK120RN23PROD with NOTICES1 Iowa Northern Railway Company— Lease Renewal Exemption—Rail Line of North Central Iowa Rail Corridor, LLC VerDate Sep<11>2014 17:57 Dec 14, 2023 Jkt 262001 PO 00000 Frm 00173 Fmt 4703 Sfmt 4703 87045 Lovells US LLP, Columbia Square 555, Thirteenth Street NW, Washington, DC 20004. According to IANR, 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 12, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2023–27634 Filed 12–14–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36743] 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.— Continuance in Control Exemption— Lakeshore Terminal Railroad LLC 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. (collectively, Applicants), all noncarriers, have filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Lakeshore Terminal Railroad LLC (Lakeshore Terminal) upon Lakeshore Terminal’s becoming a Class III rail carrier. This transaction is related to a verified notice of exemption filed concurrently in Lakeshore Terminal Railroad—Acquisition & Operation Exemption—Track in Lake County, Ind., Docket No. FD 36742, in which Lakeshore Terminal seeks to acquire and commence common carrier operations over approximately 0.5 miles of track located in East Chicago, Lake County, Ind. According to the verified notice, Applicants currently control Lakeshore Terminal in addition to 31 existing Class III rail carriers in 21 states.1 1 The verified notice lists the railroads and the location of their operations as follows: (1) Alabama & Florida Railway Co., Inc. d/b/a Ripley & New Albany Railroad Co.—Alabama and Mississippi; (2) Columbia & Cowlitz Railway, LLC—Washington; (3) Decatur Junction Railway Co. LLC—Illinois; (4) Delta Southern Railroad, Inc.—Louisiana; (5) DeQueen and Eastern Railroad, LLC—Arkansas; (6) Elkhart & Western Railroad Co. LLC—Indiana; (7) E:\FR\FM\15DEN1.SGM Continued 15DEN1

Agencies

[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Pages 87044-87045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27636]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36742]


Lakeshore Terminal Railroad LLC--Acquisition and Operation 
Exemption--Track in Lake County, Ind.

    Lakeshore Terminal Railroad LLC (Lakeshore Terminal), a noncarrier, 
has filed a verified notice of exemption pursuant to 49 CFR 1150.31 to 
acquire and operate approximately 0.5 miles (2,854 feet) of what is 
currently private industry track in East Chicago, Lake County, Ind., 
extending from a point of connection with Indiana Harbor Belt Railroad 
Company to the end of track (the Line).
    This transaction is related to a verified notice of exemption 
concurrently filed in Patriot Rail Company--Continuance in Control 
Exemption--Lakeshore Terminal Railroad, Docket No. FD 36743, in which 
Patriot Rail Company LLC and a number of other related applicants seek 
to continue in control of Lakeshore Terminal upon Lakeshore Terminal's 
becoming a Class III rail carrier.
    According to Lakeshore Terminal, its noncarrier corporate 
affiliate, Lakeshore Railcar & Tanker Services LLC (Lakeshore 
Services), currently owns the Line and uses it for non-common carrier 
activity (primarily, freight car repair and cleaning). The verified 
notice states that Lakeshore Terminal and Lakeshore Services have an 
agreement under which Lakeshore Services will convey the Line to 
Lakeshore Terminal for the initiation of railroad common carrier 
service. Lakeshore Terminal states that it will operate and provide all 
rail common carrier service to customers on the Line and connecting 
ancillary trackage once the exemption becomes effective.
    Lakeshore Terminal certifies that it will not be subject to any 
limitations on its ability to interchange with a third-party connecting 
carrier. Lakeshore Terminal also certifies that its projected annual 
revenues are not expected to exceed $5 million and that the proposed

[[Page 87045]]

transaction will not result in Lakeshore Terminal's becoming a Class I 
or Class II rail carrier.
    The earliest this transaction may be consummated is December 31, 
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 December 22, 
2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36742, 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 
Lakeshore Terminal's representative, Robert A. Wimbish, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to Lakeshore Terminal, 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 12, 2023.

    By the Board, Mai Dinh, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2023-27636 Filed 12-14-23; 8:45 am]
BILLING CODE 4915-01-P
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