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, 87045-87046 [2023-27637]

Download as PDF 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 87046 Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Applicants state that they neither contemplate nor require an agreement to continue in control of Lakeshore Terminal once it becomes a rail carrier. The verified notice indicates that: (1) the Line does not connect with any of the Patriot Short Lines; (2) the acquisition of control is not part of a series of anticipated transactions that would connect the Line or any of the Patriot Short Lines with each other; and (3) the proposed 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 CFR 1180.2(d)(2). The transaction may be consummated on or after December 31, 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. Accordingly, the Board may not impose labor protective conditions here because all of the carriers involved are Class III rail carriers. 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 Fort Smith Railroad Co. LLC—Arkansas; (8) The Garden City Western Railway LLC—Kansas; (9) Georgia Northeastern Railroad Company LLC— Georgia; (10) Georgia Southern Railway Co. LLC— Georgia; (11) Gettysburg & Northern Railroad Co. LLC—Pennsylvania; (12) Golden Triangle Railroad, LLC—Mississippi; (13) Indiana Southwestern Railway Co. LLC—Indiana; (14) Kendallville Terminal Railway Co. LLC—Indiana; (15) Keokuk Junction Railway Co. LLC—Iowa and Illinois; (16) Keokuk Union Depot Company LLC (KUD)—Iowa; (17) Kingman Terminal Railroad, LLC—Arizona; (18) Louisiana and North West Railroad Company, LLC—Arkansas and Louisiana; (19) Merced County Central Valley Railroad LLC—California; (20) Michigan Southern Railroad Company (in Indiana and Ohio, d/b/a Napoleon Defiance and Western Railway)—Indiana, Michigan, and Ohio; (21) Mississippi Central Railroad Co. LLC—Mississippi, Tennessee, and Alabama; (22) Pioneer Industrial Railway Co. LLC—Illinois; (23) Rarus Railway, LLC d/b/a Butte, Anaconda & Pacific Railway Co.— Montana; (24) Sacramento Valley Railroad, LLC— California; (25) Salt Lake, Garfield and Western Railway Company—Utah; (26) Temple & Central Texas Railway, LLC—Texas; (27) Tennessee Southern Railroad Company, LLC—Tennessee and Alabama; (28) Texas Oklahoma & Eastern Railroad, LLC—Oklahoma; (29) Utah Central Railway Company, LLC—Utah; (30) Vandalia Railroad Company—Illinois; (31) West Belt Railway LLC— Missouri (collectively, Patriot Short Lines). Applicants state that they have included KUD in this list out of an abundance of caution, as it is unclear whether KUD is a rail common carrier subject to the Board’s jurisdiction. VerDate Sep<11>2014 17:57 Dec 14, 2023 Jkt 262001 the exemption. Petitions to stay must be filed no later than December 22, 2023. All pleadings, referring to Docket No. FD 36743, 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 Applicants’ representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606–3208. According to the verified notice, 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 T. Dinh, Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2023–27637 Filed 12–14–23; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2023–25488] Random Drug and Alcohol Testing Percentage Rates of Covered Aviation Employees for the Period January 1, 2024 to December 31, 2024; Correction Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Random drug and alcohol testing percentage rates of covered aviation employees for the period January 1, 2024 to December 31, 2024; correction. AGENCY: On November 17, 2023, the Federal Aviation Administration (FAA) published the Random Drug and Alcohol Testing Percentage Rates of Covered Aviation Employees for the Period January 1, 2024 to December 31, 2024. In that document, the FAA inadvertently provided incorrect years in the supplementary information section. This document corrects that error. SUMMARY: This correction is effective December 15, 2023. DATES: Ms. Vicky Dunne, Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division, Program Policy Branch; Email FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00174 Fmt 4703 Sfmt 4703 drugabatement@faa.gov; Telephone (202) 267–8442. SUPPLEMENTARY INFORMATION: On November 17, 2023, the Federal Aviation Administration (FAA) published the Random Drug and Alcohol Testing Percentage Rates of Covered Aviation Employees for the Period January 1, 2024 to December 31, 2024; Corrections. In the second column, third paragraph under the supplementary section of the document, the year appeared as 2023 instead of 2024. In the third column, first paragraph under the supplementary section of the document, the year appeared as 2022 instead of 2024. This document corrects that error. Corrections In the Federal Register of November 17, 2023, in FR Doc. 2023–25488, on page 80376, in the second column, the year 2023 in the thirty-first line in the SUPPLEMENTARY INFORMATION section should be 2024. In the Federal Register of November 17, 2023, in FR Doc. 2023–25488, on page 80376, in the third column, the year 2022 in the third line in the SUPPLEMENTARY INFORMATION section should be 2024. Docket No. FAA–2023–25488 Issued in Washington, DC. Virginia Lozada, Acting Director, Drug Abatement Division. [FR Doc. 2023–27501 Filed 12–14–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Public Notice of Final Action To Release Surplus Airport Property at Kearney Municipal Airport, Kearney, Nebraska Federal Aviation Administration (FAA), DOT. ACTION: Notice of final action to release airport property. AGENCY: In accordance with section 125 of The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century(AIR–21) the Federal Aviation Administration (FAA) provides notice that the FAA is approving a surplus property land release of Federal obligations for a 5.25 acre parcel at the Kearney Muncipal Airport, Kearney, Nebraska. SUMMARY: FOR FURTHER INFORMATION CONTACT: Amy J. Walter, Airports Land Specialist, Federal Aviation Administration, Central Region Airports Division, ACE– E:\FR\FM\15DEN1.SGM 15DEN1

Agencies

[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Pages 87045-87046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27637]


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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\

[[Page 87046]]

Applicants state that they neither contemplate nor require an agreement 
to continue in control of Lakeshore Terminal once it becomes a rail 
carrier.
---------------------------------------------------------------------------

    \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) Fort Smith Railroad 
Co. LLC--Arkansas; (8) The Garden City Western Railway LLC--Kansas; 
(9) Georgia Northeastern Railroad Company LLC--Georgia; (10) Georgia 
Southern Railway Co. LLC--Georgia; (11) Gettysburg & Northern 
Railroad Co. LLC--Pennsylvania; (12) Golden Triangle Railroad, LLC--
Mississippi; (13) Indiana Southwestern Railway Co. LLC--Indiana; 
(14) Kendallville Terminal Railway Co. LLC--Indiana; (15) Keokuk 
Junction Railway Co. LLC--Iowa and Illinois; (16) Keokuk Union Depot 
Company LLC (KUD)--Iowa; (17) Kingman Terminal Railroad, LLC--
Arizona; (18) Louisiana and North West Railroad Company, LLC--
Arkansas and Louisiana; (19) Merced County Central Valley Railroad 
LLC--California; (20) Michigan Southern Railroad Company (in Indiana 
and Ohio, d/b/a Napoleon Defiance and Western Railway)--Indiana, 
Michigan, and Ohio; (21) Mississippi Central Railroad Co. LLC--
Mississippi, Tennessee, and Alabama; (22) Pioneer Industrial Railway 
Co. LLC--Illinois; (23) Rarus Railway, LLC d/b/a Butte, Anaconda & 
Pacific Railway Co.--Montana; (24) Sacramento Valley Railroad, LLC--
California; (25) Salt Lake, Garfield and Western Railway Company--
Utah; (26) Temple & Central Texas Railway, LLC--Texas; (27) 
Tennessee Southern Railroad Company, LLC--Tennessee and Alabama; 
(28) Texas Oklahoma & Eastern Railroad, LLC--Oklahoma; (29) Utah 
Central Railway Company, LLC--Utah; (30) Vandalia Railroad Company--
Illinois; (31) West Belt Railway LLC--Missouri (collectively, 
Patriot Short Lines). Applicants state that they have included KUD 
in this list out of an abundance of caution, as it is unclear 
whether KUD is a rail common carrier subject to the Board's 
jurisdiction.
---------------------------------------------------------------------------

    The verified notice indicates that: (1) the Line does not connect 
with any of the Patriot Short Lines; (2) the acquisition of control is 
not part of a series of anticipated transactions that would connect the 
Line or any of the Patriot Short Lines with each other; and (3) the 
proposed 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 CFR 1180.2(d)(2).
    The transaction may be consummated on or after December 31, 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. Accordingly, 
the Board may not impose labor protective conditions here because all 
of the carriers involved are Class III rail carriers.
    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 December 22, 
2023.
    All pleadings, referring to Docket No. FD 36743, 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 
Applicants' representative, Robert A. Wimbish, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to the verified notice, 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 T. Dinh, Director, Office of Proceedings.

Tammy Lowery,
Clearance Clerk.
[FR Doc. 2023-27637 Filed 12-14-23; 8:45 am]
BILLING CODE 4915-01-P
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