Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices 64019 

37 15 U.S.C. 78f(b)(8). 

38See 2016 Approval Order, supra note 35, at 

85665 (citing NYSE Approval Order, supra note 35, 

at 51452). The Commission notes that Nasdaq 

represents that no other company will be required 

to pay higher fees as a result of the proposal, that 

the proposal will have no impact on the resources 

available for its regulatory programs, and that the 

proposal will help to ensure that individual listed 

companies are not given specially negotiated 

packages of products or services to list, or remain 

listed. See supra note 26 and accompanying text. 

39See 2016 Approval Order, supra note 35, at 

85665; 2011 Approval Order, supra note 35, at 

79266. 

40See Exchange Act Release No. 72669 (July 24, 

2014), 79 FR 44234, 44236, n.39 (July 30, 2014) 

(SR–NASDAQ–2014–058) (‘‘We would expect 

Nasdaq, consistent with Section 19(b) of the 

Exchange Act, to periodically update the retail 

values of services offered should they change. This 

will help to provide transparency to listed 

companies on the value of the free services they 

receive and the actual costs associated with listing 

on Nasdaq.’’). 

41 15 U.S.C. 78f(b)(5). 

42See supra note 25 and accompanying text. 

43 15 U.S.C. 78s(b)(2). 

44 17 CFR 200.30–3(a)(12). 

capitalization of $5 billion or more that 

list on or after the date of approval of 

the proposed rule change. For the 

reasons stated above, the Commission 

also believes that the proposal does not 

unfairly discriminate among issuers and 

is therefore consistent with Section 

6(b)(5) of the Act. In addition, the 

Commission believes that the proposed 

rule reflects the current competitive 

environment for exchange listings 

among national securities exchanges, 

and is appropriate and consistent with 

Section 6(b)(8) of the Act.37

Further, the Commission believes that 

describing in the Exchange’s rules the 

products and services available to 

Eligible Companies and their associated 

values, as well as the length of time 

companies are entitled to receive such 

services, will ensure that individual 

listed companies are not given specially 

negotiated packages of products or 

services to list, or remain listed, that 

would raise unfair discrimination issues 

under the Act.38 The Commission has 

previously found that the package of 

complimentary services offered to 

Eligible Companies is equitably 

allocated among issuers consistent with 

Section 6(b)(4) of the Act and that 

describing the values of the services 

adds greater transparency to the 

Exchange’s rules and to the fees 

applicable to such companies.39 As 

discussed above, the Commission 

believes that adding the Advanced ESG 

Services to the complimentary services 

package offered to Eligible Switches 

with a market capitalization of $5 

billion or more for Eligible Switches 

that list on or after the effective date of 

the proposed rule change is consistent 

with Section 6(b)(5) of the Act. As stated 

above, the Commission also believes 

that the proposal does not unfairly 

discriminate among issuers and is 

therefore consistent with Section 6(b)(5) 

of the Act. For similar reasons, the 

Commission believes that the packages 

of complimentary services to be offered 

pursuant to Nasdaq’s proposal are 

equitably allocated among issuers 

consistent with Section 6(b)(4) of the 

Act. 

The Commission also believes that it 

is reasonable, and required by Section 

19(b) of the Act,40 that Nasdaq amend 

its rules to update the products and 

services it offers to Eligible Companies 

contained in Nasdaq Rules IM–5900–7 

and IM–5900–7A, including the time 

periods for which such products and 

services are offered and the commercial 

value of such products and services. 

This provides greater transparency to 

the Exchange’s rules and the fees, and 

the value of complementary products 

and services, applicable to Eligible 

Companies. 

Finally, the Commission finds that it 

is consistent with Section 6(b)(5) of the 

Act 41 for Nasdaq to make various 

technical and conforming revisions, as 

described above,42 to facilitate clarity of 

its rules. 

Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,43 that the 

proposed rule change (SR–NASDAQ– 

2023–017) be, and it hereby is, 

approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.44

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–20087 Filed 9–15–23; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #18143 and #18144; 

Georgia Disaster Number GA–00158] 

Presidential Declaration of a Major 

Disaster for the State of Georgia 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for the State of Georgia (FEMA– 

4738–DR), dated 09/07/2023. 

Incident: Hurricane Idalia. 

Incident Period: 08/30/2023. 

DATES: Issued on 09/07/2023. 

Physical Loan Application Deadline 

Date: 11/06/2023. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 06/07/2024. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

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 

09/07/2023, applications for disaster 

loans may be filed 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 (Physical Damage and 

Economic Injury Loans): Cook, 

Glynn, Lowndes. 

Contiguous Counties (Economic Injury 

Loans Only): 

Georgia: Berrien, Brantley, Brooks, 

Camden, Colquitt, Echols, Lanier, 

McIntosh, Tift, Wayne. 

Florida: Hamilton, Madison. 

The Interest Rates are: 

Percent 

For Physical Damage: 

Homeowners with Credit Available Elsewhere ...................... 5.000 

Homeowners without Credit 

Available Elsewhere .............. 2.500 

Businesses with Credit Available Elsewhere ...................... 8.000 

Businesses without Credit 

Available Elsewhere .............. 4.000 

Non-Profit Organizations with 

Credit Available Elsewhere ... 2.375 

Non-Profit Organizations without Credit Available Elsewhere ..................................... 2.375 

For Economic Injury: 

Businesses & Small Agricultural 

Cooperatives without Credit 

Available Elsewhere .............. 4.000 

Non-Profit Organizations without Credit Available Elsewhere ..................................... 2.375 

The number assigned to this disaster 

for physical damage is 18143 8 and for 

economic injury is 18144 0. 


lotter on DSK11XQN23PROD with NOTICES1
64020 Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices 

1 Despite the name, the Blanca Spur is not 

excepted spur track but track over which the Board 

has licensing authority. 

2 In situations requiring after-the-fact acquisition 

authority, the Board strongly encourages parties to 

file for such authority as soon as possible. 

(Catalog of Federal Domestic Assistance 

Number 59008) 

Francisco Sa ́nchez, Jr., 

Associate Administrator, Office of Disaster 

Recovery & Resilience. 

[FR Doc. 2023–20060 Filed 9–15–23; 8:45 am] 

BILLING CODE 8026–09–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #18069 and #18070; 

Mississippi Disaster Number MS–00156] 

Presidential Declaration Amendment of 

a Major Disaster for Public Assistance 

Only for the State of Mississippi 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 1. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of Mississippi (FEMA–4727– 

DR), dated 08/12/2023. 

Incident: Severe Storms, Straight-line 

Winds, and Tornadoes. 

Incident Period: 06/14/2023 through 

06/19/2023. 

DATES: Issued on 09/07/2023. 

Physical Loan Application Deadline 

Date: 10/11/2023. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 05/13/2024. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

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: The notice 

of the President’s major disaster 

declaration for Private Non-Profit 

organizations in the State of Mississippi, 

dated 08/12/2023, is hereby amended to 

include the following areas as adversely 

affected by the disaster. 

Primary Counties: Adams, Amite, 

Attala, Franklin, Greene, Holmes, 

Humphreys, Itawamba, Jones, Perry, 

Warren, Yazoo. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Number 59008) 

Francisco Sa ́nchez, Jr., 

Associate Administrator, Office of Disaster 

Recovery & Resilience. 

[FR Doc. 2023–20062 Filed 9–15–23; 8:45 am] 

BILLING CODE 8026–09–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36694] 

Colorado Pacific Rio Grande Railroad, 

LLC—Petition for Exemption— 

Acquisition and Operation of Line of 

Railroad in Costilla County, Colorado 

The Colorado Pacific Rio Grande 

Railroad, LLC (CP Rio Grande), a Class 

III carrier, filed a petition for exemption 

on June 20, 2023, seeking after-the-fact 

authority to acquire in bankruptcy and 

operate 1.53 miles of track extending 

from milepost 0.0 in Blanca, Colo., to 

milepost 1.53 in McClintock, Colo. (the 

Blanca Spur).1 This petition follows CP 

Rio Grande’s recent acquisition of 

substantially all assets of the San Luis 

& Rio Grande Railroad, Inc. (SLRG), in 

Colorado Pacific Rio Grande Railroad— 

Acquisition & Operation Exemption 

Containing Interchange Commitment— 

San Luis & Rio Grande Railroad, FD 

36656 (STB served Jan. 5, 2023). 

Background 

According to CP Rio Grande, the 

Blanca Spur was originally part of a 31- 

mile line completed in 1910 by the San 

Luis Valley Southern Railroad that ran 

from Blanca, Colo., to Jaroso, Colo., and 

connected to the tracks of the Denver & 

Rio Grande Railroad. (Pet. 3.) This line 

was acquired by the Southern San Luis 

Valley Railroad (the old SSLV) in 1953, 

at the direction of the Interstate 

Commerce Commission, the Board’s 

predecessor agency. (Id.) Over time, the 

old SSLV abandoned and sold off 

sections of the line, leaving only the 

Blanca Spur remaining, which the old 

SSLV ceased operating by the mid1990s. (Id.) However, the old SSLV 

never sought abandonment authority for 

the Blanca Spur. (Id.) Instead, it sold the 

Blanca Spur and the underlying right-ofway in 2000 to Richard Vondrak of 

Conejos County, Colo., before dissolving 

as an entity shortly thereafter. (Id.) 

According to CP Rio Grande, Mr. 

Vondrak never sought or received Board 

approval to acquire or operate the 

Blanca Spur. (Id.) In 2007, he sold his 

interests in the Blanca Spur and the 

underlying right-of-way to Iowa Pacific 

Holdings, LLC (IPH), a railroad holding 

company and the parent of Permian 

Basin Railways (PBR), which in turn 

owned SLRG. (Id.) IPH did not seek 

authority for that transaction. Instead, in 

2012, a newly formed Southern San 

Luis Valley Railroad, LLC (the new 

SSLV), filed a verified notice of 

exemption to acquire and operate the 

Blanca Spur from IPH, asking the Board 

to exempt IPH’s 2007 transaction, 

arguing that there was no need for the 

Board to require IPH to ‘‘unscramble’’ it. 

See S. San Luis Valley R.R.— 

Acquisition & Operation Exemption— 

Iowa Pac. Holdings, LLC, FD 35586, slip 

op. at 2 (STB served Feb. 10, 2012). In 

a related transaction, PBR sought an 

exemption to continue in control of the 

new SSLV upon SSLV’s becoming a 

Class III carrier. See Iowa Pac. Holdings, 

LLC—Continuance in Control—S. San 

Luis Valley R.R., FD 35585 (STB served 

Feb. 10, 2012). The Board, considering 

the two proceedings together, rejected 

the new SSLV’s request and denied 

PBR’s request as moot due to the 

insufficiency of the record. S. San Luis 

Valley, slip op. at 3. The Board stated 

that should IPH wish to proceed with 

the contemplated transactions, it should 

trace the history of the Blanca Spur as 

well as it could, with supporting 

evidence, and request specific authority 

from the Board for this prior transaction, 

id., but IPH did not do so, (Pet. 4). 

CP Rio Grande further states that 

SLRG was placed into involuntary 

Chapter 11 bankruptcy in October 2019, 

with the order granting relief for the 

petition being entered on November 7, 

2019. (Pet. 5.) In March 2021, IPH filed 

for Chapter 7 bankruptcy, but it was 

dismissed on January 6, 2022. (Id.) As 

part of a litigation settlement agreement 

entered during those proceedings, the 

ownership of the Blanca Spur was 

transferred from IPH to SLRG’s 

bankruptcy trustee, which the 

bankruptcy court approved on July 14, 

2022. (Id.) SLRG’s bankruptcy trustee 

conveyed the Blanca Spur to CP Rio 

Grande under a purchase and sale 

agreement in January 2023. (Id.) CP Rio 

Grande filed a notice of exemption in 

Colorado Pacific Rio Grande Railroad, 

Docket No. FD 36656, for the acquisition 

of most of SLRG’s assets on December 

20, 2022, and later filed this petition for 

exemption on June 20, 2023. (Pet. 5.) 

Discussion and Conclusions 

The Board finds that CP Rio Grande 

has supplied information sufficient to 

grant this petition.2 The petition and 

supporting documents trace the 

ownership history of the Blanca Spur 

and do not reveal any extant dispute 

over CP Rio Grande’s ownership of the 

Blanca Spur. The documents show that 

SSLV sold the Blanca Spur to Mr. 

Vondrak on July 14, 2000, (id., Ex. B), 

before he then sold it to IPH on May 24, 

2007, (id., Ex. B). During the bankruptcy 


lotter on DSK11XQN23PROD with NOTICES1