83 FR 37605 - Progressive Rail Incorporated-Continuance in Control Exemption-St. Paul & Pacific Railroad Company, LLC
SURFACE TRANSPORTATION BOARD Federal Register Volume 83, Issue 148 (August 1, 2018)
Federal Register Volume 83, Issue 148 (August 1, 2018)
| Page Range | 37605-37606 | |
| FR Document | 2018-16477 |
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)] [Notices] [Pages 37605-37606] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16477] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. FD 36208] Progressive Rail Incorporated--Continuance in Control Exemption-- St. Paul & Pacific Railroad Company, LLC Progressive Rail Incorporated (PGR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of St. Paul & Pacific Railroad Company, LLC (SPR), upon SPR's becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in St. Paul & Pacific Railroad Company, LLC--Change in Operator Exemption--Santa Cruz and Monterey Bay Railway Company, Docket No. FD 36207. In that proceeding, SPR seeks an exemption under 49 CFR 1150.31 to assume operations over approximately 31 miles of rail line (the Line) owned by the Santa Cruz County Regional Transportation Commission extending from milepost 0.433 at Watsonville Junction to milepost 31.39 at Davenport, Cal. The earliest this transaction may be consummated is August 15, 2018, the effective date of the exemption (30 days after the verified notice was filed). PGR states that it intends to consummate the transaction on August 16, 2018. PGR will continue in control of SPR upon SPR's becoming a Class III rail carrier and remains in control of Class III carriers Airlake Terminal Railway Company, LLC, Central Midland Railway Company, Iowa Traction Railway Company, Iowa Southern Railway Company, Piedmont & Northern Railroad Company, and Chicago Junction Railway Company. PGR states that: (1) The rail line to be operated by SPR does not connect with any other railroads in the PGR corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect this line with any other railroad in the PGR corporate family; and (3) 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 CFR 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. Section 11326(c), however, does not provide for labor protection for transactions under Sec. Sec. 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here because [[Page 37606]] all of the carriers involved are Class III carriers. If the 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 August 8, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36208, must be filed with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423-0001. In addition, one copy of each pleading must be served on Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606-2832. Board decisions and notices are available on our website at WWW.STB.GOV. Decided: July 27, 2018. By the Board, Amy C. Ziehm, Acting Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2018-16477 Filed 7-31-18; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices 37605
that the proposed rule change, as Administration, 409 Third Street SW, SURFACE TRANSPORTATION BOARD
modified by Amendments No. 1 and 2, Washington, DC 20416.
[Docket No. FD 36208]
is consistent with the requirements of
the Exchange Act and the rules and A. Joseph Shepard,
Progressive Rail Incorporated—
regulations thereunder applicable to a Associate Administrator for Office of
Investment and Innovation.
Continuance in Control Exemption—
national securities exchange, and in St. Paul & Pacific Railroad Company,
particular, with Section 6(b)(5) of the [FR Doc. 2018–16414 Filed 7–31–18; 8:45 am]
LLC
Exchange Act. BILLING CODE P
It is therefore ordered, pursuant to Progressive Rail Incorporated (PGR), a
Rule 431 of the Commission’s Rules of Class III rail carrier, has filed a verified
Practice, that the earlier action taken by SMALL BUSINESS ADMINISTRATION notice of exemption under 49 CFR
delegated authority, Exchange Act 1180.2(d)(2) to continue in control of St.
Release No. 80206 (Mar. 10, 2017), 82 [License No. 01/01–0435] Paul & Pacific Railroad Company, LLC
FR 14076 (Mar. 16, 2017), is set aside (SPR), upon SPR’s becoming a Class III
and, pursuant to Section 19(b)(2) of the Ironwood Mezzanine Fund IV–A, L.P.; rail carrier.
Exchange Act, SR-BatsBZX–2016–30 is Notice Seeking Exemption Under This transaction is related to a
disapproved. concurrently filed verified notice of
Section 312 of the Small Business
exemption in St. Paul & Pacific Railroad
By the Commission. Investment Act, Conflicts of Interest
Company, LLC—Change in Operator
Brent J. Fields, Exemption—Santa Cruz and Monterey
Secretary. Notice is hereby given that Ironwood
Bay Railway Company, Docket No. FD
[FR Doc. 2018–16427 Filed 7–31–18; 8:45 am] Mezzanine Fund IV–A, L.P., 45 Nod
36207. In that proceeding, SPR seeks an
BILLING CODE 8011–01–P
Road, Suite 2, Avon, CT 06001, a exemption under 49 CFR 1150.31 to
Federal Licensee under the Small assume operations over approximately
Business Investment Act of 1958, as 31 miles of rail line (the Line) owned by
SMALL BUSINESS ADMINISTRATION amended (‘‘the Act’’), in connection the Santa Cruz County Regional
with a financing of a small concern, has Transportation Commission extending
[License No. 06/06–0346] sought an exemption under Section 312 from milepost 0.433 at Watsonville
Stellus Capital SBIC, L.P.; Notice of the Act and Section 107.730, Junction to milepost 31.39 at Davenport,
Seeking Exemption Under Section 312 Financings which Constitute Conflicts Cal.
of the Small Business Investment Act, of Interest of the Small Business The earliest this transaction may be
Conflicts of Interest Administration (‘‘SBA’’) Rules and consummated is August 15, 2018, the
Regulations (13 CFR 107.730). Ironwood effective date of the exemption (30 days
Notice is hereby given that Stellus Mezzanine Fund IV–A, L.P. proposes to after the verified notice was filed). PGR
Capital SBIC, L.P., 4400 Post Oak provide debt and equity financing for states that it intends to consummate the
Parkway, Suite 2200, Houston, TX the purpose of purchasing a subsidiary transaction on August 16, 2018.
77027, a Federal Licensee under the (Capewell Intermediate Holding, LLC) PGR will continue in control of SPR
Small Business Investment Act of 1958, from an Associate, Capewell Holding, upon SPR’s becoming a Class III rail
as amended (‘‘the Act’’), in connection carrier and remains in control of Class
LLC. Capewell Holding, LLC is an
with the financing of a small concern, III carriers Airlake Terminal Railway
Associate because Ironwood Mezzanine
has sought an exemption under Section Company, LLC, Central Midland
Fund III–A L.P., an Associate of
312 of the Act and Section 107.730, Railway Company, Iowa Traction
Financings which Constitute Conflicts Mezzanine Fund IV–A, L.P., owns more Railway Company, Iowa Southern
of Interest of the Small Business than ten percent of Capewell Holding, Railway Company, Piedmont &
Administration (‘‘SBA’’) Rules and LLC. Northern Railroad Company, and
Regulations (13 CFR 107.730). Stellus The financing is brought within the Chicago Junction Railway Company.
Capital SBIC, L.P. proposes to provide purview of § 107.730(a) of the PGR states that: (1) The rail line to be
loan financing to KelleyAmerit Regulations because proceeds from the operated by SPR does not connect with
Holdings, Inc. (d/b/a Amerit Fleet transaction will directly benefit any other railroads in the PGR corporate
Solutions), 1331 North California Blvd., Associates Ironwood Mezzanine Fund family; (2) the continuance in control is
Suite 150, Walnut Creek, CA 94596. III, L.P. and Ironwood Mezzanine Fund not part of a series of anticipated
The financing is brought within the III–A, L.P. transactions that would connect this
purview of § 107.730(a)(4) of the line with any other railroad in the PGR
Regulations because Stellus Capital Notice is hereby given that any corporate family; and (3) the transaction
SBIC, L.P., seeks to purchase the loan interested person may submit written does not involve a Class I rail carrier.
financing to KelleyAmerit Holdings, Inc. comments on this transaction within Therefore, the transaction is exempt
from Stellus Capital Investment Corp., fifteen days of the date of this from the prior approval requirements of
an Associate of Stellus Capital SBIC, publication to the Associate 49 U.S.C. 11323. See 49 CFR
L.P. Therefore, this transaction is Administrator, Office of Investment and 1180.2(d)(2).
considered discharging an obligation of Innovation, U.S. Small Business Under 49 U.S.C. 10502(g), the Board
an Associate, requiring a prior SBA Administration, 409 Third Street SW, may not use its exemption authority to
Washington, DC 20416. relieve a rail carrier of its statutory
sradovich on DSK3GMQ082PROD with NOTICES
exemption.
Notice is hereby given that any obligation to protect the interests of its
A. Joseph Shepard,
interested person may submit written employees. Section 11326(c), however,
comments on this transaction within Associate Administrator, Office of Investment does not provide for labor protection for
fifteen days of the date of this and Innovation. transactions under §§ 11324 and 11325
publication to the Associate [FR Doc. 2018–16415 Filed 7–31–18; 8:45 am] that involve only Class III rail carriers.
Administrator, Office of Investment and BILLING CODE P Accordingly, the Board may not impose
Innovation, U.S. Small Business labor protective conditions here because
VerDate Sep<11>2014 20:07 Jul 31, 2018 Jkt 244001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM 01AUN1](https://thefederalregister.org/doc/83_FR_37753/page/1.svg)
![37606 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices
all of the carriers involved are Class III This transaction is related to a DEPARTMENT OF TRANSPORTATION
carriers. concurrently filed verified notice of
If the notice contains false or exemption in Progressive Rail Inc.— Federal Railroad Administration
misleading information, the exemption Continuance in Control Exemption—St. [Docket No. FRA–2018–0008–N–5]
is void ab initio. Petitions to revoke the Paul & Pacific Railroad Company, LLC,
exemption under 49 U.S.C. 10502(d) Docket No. FD 36208, in which Proposed Agency Information
may be filed at any time. The filing of Progressive Rail Incorporated, SPR’s Collection Activities; Comment
a petition to revoke will not parent company, seeks to continue in Request
automatically stay the effectiveness of control of SPR upon SPR’s becoming a
the exemption. Petitions for stay must AGENCY: Federal Railroad
Class III rail carrier. Administration (FRA), U.S. Department
be filed no later than August 8, 2018 (at
least seven days before the exemption SPR states that the proposed of Transportation (DOT).
becomes effective). operation of the Line does not involve ACTION: Notice of information collection;
An original and 10 copies of all any provision or agreement that would request for comment.
pleadings, referring to Docket No. FD limit future interchange with a third-
36208, must be filed with the Surface party connecting carrier. SPR certifies SUMMARY: Under the Paperwork
Transportation Board, 395 E Street SW, that its annual rail revenues as a result Reduction Act of 1995 (PRA) and its
Washington, DC 20423–0001. In of this transaction are not expected to implementing regulations, FRA seeks
addition, one copy of each pleading exceed $5 million, and it will not result approval of the Information Collection
must be served on Audrey L. Brodrick, in SPR becoming a Class I or Class II rail Requests (ICRs) abstracted below. Before
Fletcher & Sippel LLC, 29 North Wacker carrier. Under 49 CFR 1150.32(b), a submitting these ICRs to the Office of
Drive, Suite 800, Chicago, IL 60606– change in operator requires that notice Management and Budget (OMB) for
2832. approval, FRA is soliciting public
be given to shippers. SPR states that it
Board decisions and notices are comment on specific aspects of the
has provided notice of the proposed
available on our website at activities identified below.
change in operators to the four shippers
WWW.STB.GOV. DATES: Interested persons are invited to
on the Line.
Decided: July 27, 2018.
submit comments on or before October
The earliest this transaction may be 1, 2018.
By the Board, Amy C. Ziehm, Acting consummated is August 15, 2018, the
Director, Office of Proceedings. ADDRESSES: Submit written comments
effective date of the exemption. on the ICRs activities by mail to either:
Andrea Pope-Matheson,
Clearance Clerk.
If the verified notice contains false or Mr. Robert Brogan, Information
misleading information, the exemption Collection Clearance Officer, Office of
[FR Doc. 2018–16477 Filed 7–31–18; 8:45 am]
is void ab initio. Petitions to revoke the Railroad Safety, Regulatory Analysis
BILLING CODE 4915–01–P
exemption under 49 U.S.C. 10502(d) Division, RRS–21, Federal Railroad
may be filed at any time. The filing of Administration, 1200 New Jersey
SURFACE TRANSPORTATION BOARD a petition to revoke will not Avenue SE, Room W33–497,
automatically stay the effectiveness of Washington, DC 20590; or Ms. Kim
[Docket No. FD 36207] the exemption. Petitions for stay must Toone, Information Collection Clearance
be filed no later than August 8, 2018 (at Officer, Office of Information
St. Paul & Pacific Railroad Company, Technology, RAD–20, Federal Railroad
LLC—Change in Operators least seven days before the exemption
becomes effective). Administration, 1200 New Jersey
Exemption—Santa Cruz and Monterey Avenue SE, Room W34–212,
Bay Railway Company An original and 10 copies of all Washington, DC 20590. Commenters
pleadings, referring to Docket No. FD requesting FRA to acknowledge receipt
St. Paul & Pacific Railroad Company
(SPR), a noncarrier, has filed a verified 36207, must be filed with the Surface of their respective comments must
notice of exemption under 49 CFR Transportation Board, 395 E Street SW, include a self-addressed stamped
1150.31 to assume operations over Washington, DC 20423–0001. In postcard stating, ‘‘Comments on OMB
approximately 31 miles of track (the addition, one copy of each pleading Control Number 2130–XXXX’’ (the
Line) owned by the Santa Cruz County must be served on Audrey L. Brodrick, relevant OMB control number for each
Regional Transportation Commission Fletcher & Sippel LLC, 29 North Wacker ICR is listed below), and should also
(RTC) extending from milepost 0.433 at Drive, Suite 800, Chicago, IL 60606– include the title of the ICR.
Watsonville Junction to milepost 31.39 2832. Alternatively, comments may be faxed
at Davenport, Cal. The verified notice to (202) 493–6216 or (202) 493–6497, or
Board decisions and notices are emailed to Mr. Brogan at
indicates that the Line was formerly available on our website at
operated by the Santa Cruz and Robert.Brogan@dot.gov, or Ms. Toone at
WWW.STB.GOV. Kim.Toone@dot.gov. Please refer to the
Monterey Bay Railway Company (SCM)
before SCM’s cessation of operations in Decided: July 27, 2018. assigned OMB control number in any
June 2018. Based on projected annual By the Board, Amy C. Ziehm, Acting correspondence submitted. FRA will
revenues, SPR expects to be a Class III Director, Office of Proceedings. summarize comments received in
carrier after consummation of the Andrea Pope-Matheson, response to this notice in a subsequent
proposed transaction. SPR states that it notice and include them in its
sradovich on DSK3GMQ082PROD with NOTICES
Clearance Clerk.
will enter into an operating agreement information collection submission to
[FR Doc. 2018–16478 Filed 7–31–18; 8:45 am]
with RTC governing SPR’s operation of, OMB for approval.
BILLING CODE 4915–01–P
and provision of rail common carrier FOR FURTHER INFORMATION CONTACT: Mr.
service on, the Line. Pursuant to a Robert Brogan, Information Collection
separate agreement, SCM will transfer Clearance Officer, Office of Railroad
its permanent and exclusive freight Safety, Regulatory Analysis Division,
operations to SPR. RRS–21, Federal Railroad
VerDate Sep<11>2014 20:07 Jul 31, 2018 Jkt 244001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM 01AUN1](https://thefederalregister.org/doc/83_FR_37753/page/2.svg)
Document Created: 2018-08-01 01:23:00
Document Modified: 2018-08-01 01:23:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 37605 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR