20782 Federal Register / Vol. 86, No. 75 / Wednesday, April 21, 2021 / Notices

incorrectly reported ownership of 5855, or send an email to SURFACE TRANSPORTATION BOARD savings securities. [email protected]. [Docket No. FD 36500] DATES: The deadline to submit SUPPLEMENTARY INFORMATION: None. comments on the proposed matching Canadian Pacific Railway Limited; program is May 21, 2021. The matching Matthew Ramsey, Canadian Pacific Railway Company; program will be applicable on June 26, Executive Director, Office of Privacy and Soo Line Railroad Company; Central 2021, or once a minimum of 30 days Disclosure, Office of the General Counsel. Maine & Quebec Railway US Inc.; after publication of this notice has Dakota, Minnesota & Eastern Railroad Participating Agencies: SSA and elapsed, whichever is later. The Corporation; and Delaware & Hudson Fiscal Service, Treasury. matching program will be in effect for Railway Company, Inc.—Control— a period of 18 months. Authority for Conducting the Kansas City Southern; The Kansas ADDRESSES: You may submit comments Matching Program: The legal authority City Southern Railway Company; by any one of three methods—internet, for the disclosure under this agreement Gateway Eastern Railway Company; fax, or mail. Do not submit the same for SSA to conduct this matching and The Texas Mexican Railway comments multiple times or by more activity is contained in section Company than one method. Regardless of which 1631(e)(1)(B), and (f) of the Social method you choose, please state that Security Act, (42 U.S.C. 1383(e)(1)(B), AGENCY: Surface Transportation Board. your comments refer to Docket No. and (f)). ACTION: Decision No. 3 in Docket No. FD SSA–2020–0041 so that we may 36500; notice of receipt of prefiling associate your comments with the Purpose(s): This matching program notification. correct regulation. establishes the conditions under which Caution: You should be careful to Fiscal Service, Treasury will disclose SUMMARY: Canadian Pacific Railway include in your comments only savings security data to SSA. SSA will Limited (Canadian Pacific), Canadian information that you wish to make use the data to determine continued Pacific Railway Company (CPRC), and publicly available. We strongly urge you eligibility for SSI applicants and their U.S. rail carrier subsidiaries, Soo not to include in your comments any recipients, or the correct benefit amount Line Railroad Company (Soo Line), personal information, such as Social for recipients and deemors who did not Central Maine & Quebec Railway US Security numbers or medical report or incorrectly reported ownership Inc., Dakota, Minnesota & Eastern information. of savings securities. Railroad Corporation, and Delaware & Hudson Railway Company, Inc. 1. Internet: We strongly recommend Categories of Individuals: The that you submit your comments via the (collectively, CP) and Kansas City individuals whose information is Southern and its U.S. rail carrier internet. Please visit the Federal involved in this matching program are eRulemaking portal at http:// subsidiaries, The Kansas City Southern SSI applicants, recipients, and deemors. www.regulations.gov. Use the Search Railway Company (KCSR), Gateway function to find docket number SSA– Categories of Records: The finder file Eastern Railway Company, and The 2020–0041 and then submit your SSA provides to Fiscal Service will Texas Mexican Railway Company comments. The system will issue you a contain approximately 10 million (collectively, KCS) (CP and KCS tracking number to confirm your records of individuals for whom SSA collectively, Applicants) have notified submission. You will not be able to requests data for the administration of the Surface Transportation Board view your comment immediately the SSI program. (Board) of their intent to file an application seeking authority for the because we must post each submission System(s) of Records: The relevant acquisition of control by Canadian manually. It may take up to a week for SSA system of records (SOR) is Pacific, through its indirect, wholly your comments to be viewable. ‘‘Supplemental Security Income Record 2. Fax: Fax comments to (410) 966– owned subsidiary Cygnus Merger Sub 2 and Special Veterans Benefits,’’ 60– 0869. Corporation (Cygnus Merger Sub 2 3. Mail: Matthew Ramsey, Executive 0103. The SOR Notice (SORN) was fully Corp.), of Kansas City Southern, and Director, Office of Privacy and published on January 11, 2006 at 71 FR through it, of KCSR and its railroad Disclosure, Office of the General 1830 and updated on December 10, affiliates, and for the resulting common Counsel, Social Security 2007 at 72 FR 69723; July 3, 2018 (83 control by Canadian Pacific of its U.S. Administration, G–401 WHR, 6401 FR 31250–31251), and November 1, railroad subsidiaries, and KCSR and its Security Boulevard, Baltimore, MD 2018 (83 FR 54969). The relevant Fiscal railroad affiliates. Applicants have 21235–6401, or emailing Service SOR is Fiscal Service SORN indicated that 2019 will be the base year [email protected]. Comments .014 (United States Securities and for their impact analysis and that they are also available for public viewing on Access). The SORN was last published anticipate filing their application on or the Federal eRulemaking portal at on February 27, 2020 at 85 FR 11776. shortly after June 28, 2021. http://www.regulations.gov or in person, [FR Doc. 2021–08219 Filed 4–20–21; 8:45 am] ADDRESSES: Any filing submitted in this during regular business hours, by BILLING CODE 4191–02–P proceeding should be filed with the arranging with the contact person Board via e-filing on the Board’s identified below. website. In addition, one copy of each FOR FURTHER INFORMATION CONTACT: filing must be sent (and may be sent by Interested parties may submit general email only, if service by email is questions about the matching program acceptable to the recipient) to each of to Andrea Huseth, Division Director, the following: (1) Secretary of Office of Privacy and Disclosure, Office Transportation, 1200 New Jersey of the General Counsel, Social Security Avenue SE, Washington, DC 20590; (2) Administration, G–401 WHR, 6401 Attorney General of the United States, c/ Security Boulevard, Baltimore MD o Assistant Attorney General, Antitrust 21235–6401, at telephone: (410) 966– Division, Room 3109, Department of

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Justice, Washington, DC 20530; (3) CP’s the internal transactions involve a series Understanding with the Federal Mine representative, David L. Meyer, Law of steps designed to address matters Safety and Health Review Commission Office of David L. Meyer, 1105 S Street relating to tax and corporate law, and all to employ the services of administrative NW, Washington, DC 20009; (4) KCS’s such steps, including the placement of law judges (ALJs) on a case-by-case representative, William A. Mullins, Canadian Pacific’s interest in Kansas basis to perform discrete, Board- Baker & Miller PLLC, Suite 300, 2401 City Southern into the Voting Trust, assigned functions such as adjudicating Pennsylvania Avenue, NW, Washington, would be completed within moments of discovery disputes in cases pending DC 20037; (5) any other person the completion of the Merger and for before the Board. The Board hereby designated as a Party of Record on the practical purposes contemporaneously. assigns and authorizes Administrative service list; and, as noted below, (6) the (Id. at 2–3.) Applicants state that, if and Law Judge Thomas McCarthy to administrative law judge assigned in when the Board takes final and entertain and rule upon discovery this proceeding. favorable action on the application, the matters and to resolve initially all FOR FURTHER INFORMATION CONTACT: Voting Trust would be terminated and disputes concerning discovery in this Valerie Quinn at (202) 245–0283. Canadian Pacific would assume control proceeding. Parties are directed to send Assistance for the hearing impaired is of Cygnus Merger Sub 2 Corp. and, available through the Federal Relay through it, of Kansas City Southern and copies of all their filings and documents Service at (800) 877–8339. its railroad affiliates. (Id. at 3.) in this proceeding to Judge McCarthy, 1331 Pennsylvania Avenue NW, SUPPLEMENTARY INFORMATION: Applicants indicate that they will use Applicants state that, on March 21, 2019 as the base year for the impact Washington, DC 20004–1710, and at 2021, Canadian Pacific (along with two analysis in the application and that they [email protected] and zbyers@ of its wholly-owned subsidiaries, anticipate filing their application on or fmshrc.gov. Cygnus Merger Sub 1 Corporation and shortly after June 28, 2021. (Notice of It is ordered: Cygnus Merger Sub 2 Corp.) and Kansas Intent 1.) Major Transaction Status. The Board 1. This proceeding is assigned to City Southern entered into an Administrative Law Judge Thomas Agreement and Plan of Merger (Merger finds that this is a major transaction McCarthy for the handling of all Agreement) under which Canadian under 49 CFR 1180.2(a), as it is a control discovery matters and initial resolution Pacific, through its indirect, wholly transaction involving two or more Class owned subsidiary, Cygnus Merger Sub 2 I railroads. Canadian Pacific presently of all discovery disputes. Corp., would acquire all of the capital controls Soo Line, a Class I railroad, and 2. In addition to filing pleadings with proposes to acquire common control of the Board and serving copies on the stock of Kansas City Southern. (Notice 3 of Intent 2.) 1 Specifically, Applicants KCSR, also a Class I railroad. Secretary of Transportation, the Protective Order. By motion filed state that, upon receipt of approval by Attorney General of the United States, March 22, 2021, Applicants requested a the shareholders of Canadian Pacific protective order to protect confidential, Applicants’ representatives, and other and Kansas City Southern and the highly confidential, and proprietary parties of record, parties must send a satisfaction of other customary closing information to be submitted in copy of all filings and documents to conditions, Cygnus Merger Sub 2 Corp. connection with the control application. Judge McCarthy at 1331 Pennsylvania would merge with and into Kansas City By decision served April 2, 2021 Avenue NW, Washington, DC 20004– Southern (Merger), with Kansas City (Decision No. 1), Applicants’ motion for 1710, and at [email protected] and Southern surviving. (Id.) Upon a protective order was granted. [email protected]. completion of the Merger, Applicants Proposed Procedural Schedule. Also state that holders of Kansas City 3. Judge McCarthy will be added to on March 22, 2021, Applicants filed a the service list in this proceeding and a Southern’s common stock would petition to establish a procedural become entitled to receive a copy of this decision will be served schedule. The Board will solicit upon him. combination of Canadian Pacific comments on the proposed procedural common shares and cash in exchange schedule after it resolves the waiver 4. A copy of this decision will be for their common stock, and holders of issue discussed above. served on the U.S. Office of Personnel Kansas City Southern’s preferred stock Administrative Law Judge. The Board Management (OPM), at Human Resource would become entitled to receive cash has signed a Memorandum of Solutions, ALJ Program Office, 1900 E in exchange for their preferred shares. Street NW, Suite 2469, Washington, DC (Id.) According to Applicants, non-binding opinion from Board staff, pursuant to 20415–9400 and electronically at immediately following completion of 49 CFR 1013.3(a), stating that the Voting Trust [email protected]. Judge McCarthy the Merger, Canadian Pacific would Agreement and the arrangements described in the letter accompanying the voting trust submission shall send a copy of the notice or order conduct a series of internal transactions will effectively insulate Canadian Pacific from any that constitutes the final disposition of that would result in its voting interest violation of Board policy against unauthorized his assignment of this case to OPM at in the successor to Kansas City Southern acquisition of control of a regulated carrier. Because there are differences between the Board’s current the above address. being placed into an independent voting regulations pertaining to voting trusts in major trust (Voting Trust) pending review and mergers and the regulations that were in effect 5. This decision is effective on its approval of the control transaction by before July 11, 2001, resolution of the waiver issue service date. the Board.2 (Id.) Applicants state that discussed in footnote 3 could also impact the voting trust request. Decided: April 15, 2021. 3 Under 49 CFR 1180.0(b), the Board ‘‘will waive By the Board, Board Members Begeman, 1 Applicants initially submitted a notice of intent application of the regulations contained in [49 CFR Fuchs, Oberman, Primus, and Schultz. on March 22, 2021. However, on March 23, 2021, part 1180, subpart A] for a consolidation involving Applicants filed an errata and asked the Board to [KCSR] and another Class I railroad and instead will Jeffrey Herzig, substitute a revised notice of intent for the notice apply the regulations in this subpart A in effect Clearance Clerk. of intent filed on March 22, 2021. As such, March before July 11, 2001 . . . unless [the Board is] 23, 2021, is deemed the filing date of Applicants’ shown why such a waiver should not be allowed.’’ [FR Doc. 2021–08283 Filed 4–20–21; 8:45 am] notice of intent to file an application under 49 CFR Comments on the waiver provision have been filed BILLING CODE 4915–01–P 1180.4(b). by several parties, and Applicants have filed 2 Canadian Pacific has submitted a proposed replies. The Board will resolve the waiver issue in Voting Trust Agreement and seeks an informal, a subsequent decision.

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