Watco Companies, Inc.-Continuance in Control Exemption-Yellowstone Valley Railroad, Inc, 52153-52154 [05-17148]

Download as PDF Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 15000 Aviation Blvd., Hawthorne, CA 90250, telephone: (310) 725–3800, E-mail: Barry.Brayer@faa.gov, or Karen Trevino, National Park Service, Natural Sounds Program, 1201 Oakridge Dr., Suite 350, Ft. Collins, CO 80525, telephone (970) 225–3563, or Karen_Trevino@nps.gov. SUPPLEMENTARY INFORMATION: Background The National Parks Air Tour Management Act of 2000 (the Act) was enacted on April 5, 2000, as Public Law 106–181. The Act required the establishment of the advisory group within 1 year after its enactment. The NPOAG was established in March 2001. The advisory group is comprised of a balanced group of representatives of general aviation, commercial air tour operations, environmental concerns, and Native American tribes. The Administrator and the Director (or their designees) serve as ex officio members of the group. Representatives of the Administrator and Director serve alternating 1-year terms as chairman of the advisory group. By Order No. 1110–138, October 10, 2003, the NPOAG became an aviation rulemaking committee (ARC). The NPOAG ARC provides ‘‘advice, information, and recommendations to the Administrator and the Director— (1) On the implementation of this title [the Act] and the amendments made by this title; (2) On commonly accepted quiet aircraft technology for use in commercial air tour operations over a national park or tribal lands, which will receive preferential treatment in a given air tour management plan; (3) On other measures that might be taken to accommodate the interests of visitors to national parks; and (4) At the request of the Administrator and the Director, safety, environmental, and other issues related to commercial air tour operations over a national park or tribal lands.’’ Members of the NPOAG ARC may be allowed certain travel expenses as authorized by section 5703 of title 5, United States Code, for intermittent Government Service. The NPOAG ARC is made up of four members representing the air tour industry, four members representing environmental interests, and two members representing Native American interests. Public Participation in the NPOAG ARC In order to maintain the balanced representation of the group, the FAA VerDate Aug<18>2005 16:30 Aug 31, 2005 Jkt 205001 and the NPS invite persons interested in serving on the NPOAG ARC to represent Indian Tribal interests to contact either of the persons listed in FOR FURTHER INFORMATION CONTACT. Requests to serve on the NPOAG ARC should be made in writing and postmarked on or before. The request should indicate the Indian tribe that you are a member of, and what expertise you would bring to Native American interests while serving on the NPOAG. The term of service for NPOAG members is 3 years. Issued in Washington, DC on August 26, 2005. William C. Withycombe, Regional Administrator, Western-Pacific Region. [FR Doc. 05–17385 Filed 8–31–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34736] Watco Companies, Inc.—Continuance in Control Exemption—Yellowstone Valley Railroad, Inc Watco Companies, Inc. (Watco), has filed a verified notice of exemption to continue in control of the Yellowstone Valley Railroad, Inc. (YVRR), upon YVRR’s becoming a Class III rail carrier.1 The transaction was scheduled to be consummated on or shortly after August 9, 2005.2 This transaction is related to the concurrently filed verified notice of exemption in STB Finance Docket No. 34737, Yellowstone Valley Railroad, Inc.—Lease and Operation Exemption— BNSF Railway Company. In that proceeding, YVRR seeks to acquire by lease from the BNSF Railway Company and operate approximately 171.97 miles of rail line extending between: (1) Milepost 6.0, near Glendive, MT, and milepost 78.6, near Snowden, MT; and (2) milepost 0.93, near Bainville, MT, and milepost 100.3, near Scobey, MT.3 Watco, a Kansas corporation, is a noncarrier that currently controls 12 1 Watco owns 100% of the issued and outstanding stock of YVRR. 2 Although Watco indicated that this transaction would be consummated on or shortly after August 9, 2005, YVRR, in STB Finance Docket No. 34737, indicated that the underlying lease transaction would not be consummated until August 15, 2005. 3 YVRR also seeks to acquire incidental, overhead trackage rights over the BNSF rail lines located between: (1) milepost 78.6, on the BNSF Sidney Subdivision, near Snowden, MT, and milepost 0.93, on the BNSF Scobey Subdivision, near Bainville, MT, via the BNSF Glasgow Subdivision between Snowden and Bainville; and (2) milepost 6.0, near Glendive, MT, and milepost 0.0, at Glendive, MT. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 52153 Class III rail carriers: South Kansas and Oklahoma Railroad Company (SKO); Palouse River & Coulee City Railroad, Inc. (PRCC); Timber Rock Railroad, Inc. (TIBR); Stillwater Central Railroad, Inc. (SLWC); Eastern Idaho Railroad, Inc. (EIRR); Kansas & Oklahoma Railroad, Inc. (K&O); Pennsylvania Southwestern Railroad, Inc. (PSWR); Great Northwest Railroad, Inc. (GNR); Kaw River Railroad, Inc. (KRR); Mission Mountain Railroad, Inc. (MMT); Appalachian & Ohio Railroad, Inc. (AO); and Mississippi Southern Railroad, Inc. (MSRR). Applicant states that: (1) The rail lines operated by SKO, PRCC, TIBR, SLWC, EIRR, K&O, PSWR, GNR, KRR, MMT, AO and MSRR do not connect with the rail lines being leased by YVRR; (2) the continuance in control is not part of a series of anticipated transactions that would connect the rail lines being acquired by YVRR with any railroad in the Watco corporate family; and (3) neither YVRR nor any of the carriers controlled by Watco are Class I carriers. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). The purpose of the transaction is to reduce overhead expenses and coordinate billing, maintenance, mechanical and personnel policies and practices of applicant’s rail carrier subsidiaries and thereby improve the overall efficiency of rail service provided by the 13 railroads. 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 sections 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 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 transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34736, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on Karl Morell, Of Counsel, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. E:\FR\FM\01SEN1.SGM 01SEN1 52154 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 23, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–17148 Filed 8–31–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34737] Yellowstone Valley Railroad, Inc.— Lease and Operation Exemption— BNSF Railway Company Yellowstone Valley Railroad, Inc. (YVRR), a noncarrier,1 has filed a verified notice of exemption under 49 CFR 1150.31 to lease from BNSF Railway Company (BNSF) and operate two rail lines totaling 171.97 miles. The rail lines are located: (1) between milepost 6.0, near Glendive, MT, and milepost 78.6, near Snowden, MT; and (2) between milepost 0.93, near Bainville, MT, and milepost 100.3, near Scobey, MT. In conjunction with the lease of the rail lines, YVRR will acquire incidental, overhead trackage rights over the BNSF rail lines located between: (1) milepost 78.6, on the BNSF Sidney Subdivision near Snowden, MT, and milepost 0.93, on the BNSF Scobey Subdivision, near Bainville, MT, via the BNSF Glasgow Subdivision between Snowden and Bainville; and (2) milepost 6.0, near Glendive, MT, and milepost 0.0, at Glendive, MT. This transaction is related to STB Finance Docket No. 34736, Watco Companies, Inc.—Continuance in Control Exemption—Yellowstone Valley Railroad, Inc, wherein Watco Companies, Inc., has concurrently filed a verified notice of exemption to continue in control of YVRR upon YVRR’s becoming a Class III rail carrier. YVRR certifies that the projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier, and further certifies that its projected annual revenues will not exceed $5 million. The transaction was scheduled to be consummated on August 15, 2005.2 1 YVRR is controlled by Watco Companies, Inc., a noncarrier that also controls twelve (12) Class III railroads operating in thirteen States. 2 By decision served in this proceeding on August 10, 2005, Chairman Nober denied a request to stay the effectiveness of the exemption. VerDate Aug<18>2005 16:30 Aug 31, 2005 Jkt 205001 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 transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34737, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Karl Morell, Of Counsel, Ball Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC 20005. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 23, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–17096 Filed 8–31–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request August 26, 2005. The Department of Treasury has submitted the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before October 3, 2005 to be assured of consideration. Internal Revenue Service (IRS) OMB Number: 1545–1498. Type of Review: Extension. Title: REG–209826–96 (NPRM) Application of the Grantor Trust Rules to Nonexempt Employees’ Trusts. Description: The regulations provide rules for the application of the grantor trust rules to certain nonexempt employees’ trust. Taxpayers must indicate on a return that they are relying on a special rule to reduce the over funded amount of the trust. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Respondents: Business or other forprofit. Estimated Total Burden Hours: 1,000 hours. OMB Number: 1545–1797. Type of Review: Extension. Title: REG–106876–00 (Final), Revision of Income Tax Regulations under Section 897, 1445 and 6109 to require use of Taxpayer Identifying Numbers on Submission under the Section 897 and 1445 Regulations. Description: The collection of information relates to applications for withholding certificates under Treas. Reg. 1.1445–3 to be filed with the IRS with respect to (1) dispositions of U.S. real property interests that have been used by foreign persons as a principled residence within the prior 5 years and excluded from gross income under section 121 and (2) dispositions of U.S. real property interests by foreign persons in deferred like kind exchanges that qualify for nonrecognition under section 1031. Respondents: Individuals or households and business or other-forprofit. Estimated Total Burden Hours: 600 hours. OMB Number: 1545–1935. Type of Review: Extension. Title: Notice 2005–40 election to defer net experience loss in a multiemployer plan. Description: This notice describes the election that must be filed by an eligible multiemployer plan’s enrolled actuary to the Service in order to defer a net experience loss. The notice also describes that notification that must given to plan participants and beneficiaries, to labor organizations, to contributing employers and to the Pension Benefit Guaranty Corporation within 30 days of making an election with the Service and the certification that must be filed if a restricted amendment is adopted. Respondents: Business or other for profit and not-for-profit institutions. Estimated Total Burden Hours: 960 hours. Clearance Officer: Glenn P. Kirkland, (202) 622–3428, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW, Washington, DC 20224. OMB Reviewer: Alexander T. Hunt, (202) 395–7316, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503. Michael A. Robinson, Treasury PRA Clearance Officer. [FR Doc. 05–17421 Filed 8–31–05; 8:45 am] BILLING CODE 4830–01–P E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Notices]
[Pages 52153-52154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17148]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34736]


Watco Companies, Inc.--Continuance in Control Exemption--
Yellowstone Valley Railroad, Inc

    Watco Companies, Inc. (Watco), has filed a verified notice of 
exemption to continue in control of the Yellowstone Valley Railroad, 
Inc. (YVRR), upon YVRR's becoming a Class III rail carrier.\1\
---------------------------------------------------------------------------

    \1\ Watco owns 100% of the issued and outstanding stock of YVRR.
---------------------------------------------------------------------------

    The transaction was scheduled to be consummated on or shortly after 
August 9, 2005.\2\
---------------------------------------------------------------------------

    \2\ Although Watco indicated that this transaction would be 
consummated on or shortly after August 9, 2005, YVRR, in STB Finance 
Docket No. 34737, indicated that the underlying lease transaction 
would not be consummated until August 15, 2005.
---------------------------------------------------------------------------

    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 34737, Yellowstone Valley 
Railroad, Inc.--Lease and Operation Exemption--BNSF Railway Company. In 
that proceeding, YVRR seeks to acquire by lease from the BNSF Railway 
Company and operate approximately 171.97 miles of rail line extending 
between: (1) Milepost 6.0, near Glendive, MT, and milepost 78.6, near 
Snowden, MT; and (2) milepost 0.93, near Bainville, MT, and milepost 
100.3, near Scobey, MT.\3\
---------------------------------------------------------------------------

    \3\ YVRR also seeks to acquire incidental, overhead trackage 
rights over the BNSF rail lines located between: (1) milepost 78.6, 
on the BNSF Sidney Subdivision, near Snowden, MT, and milepost 0.93, 
on the BNSF Scobey Subdivision, near Bainville, MT, via the BNSF 
Glasgow Subdivision between Snowden and Bainville; and (2) milepost 
6.0, near Glendive, MT, and milepost 0.0, at Glendive, MT.
---------------------------------------------------------------------------

    Watco, a Kansas corporation, is a noncarrier that currently 
controls 12 Class III rail carriers: South Kansas and Oklahoma Railroad 
Company (SKO); Palouse River & Coulee City Railroad, Inc. (PRCC); 
Timber Rock Railroad, Inc. (TIBR); Stillwater Central Railroad, Inc. 
(SLWC); Eastern Idaho Railroad, Inc. (EIRR); Kansas & Oklahoma 
Railroad, Inc. (K&O); Pennsylvania Southwestern Railroad, Inc. (PSWR); 
Great Northwest Railroad, Inc. (GNR); Kaw River Railroad, Inc. (KRR); 
Mission Mountain Railroad, Inc. (MMT); Appalachian & Ohio Railroad, 
Inc. (AO); and Mississippi Southern Railroad, Inc. (MSRR).
    Applicant states that: (1) The rail lines operated by SKO, PRCC, 
TIBR, SLWC, EIRR, K&O, PSWR, GNR, KRR, MMT, AO and MSRR do not connect 
with the rail lines being leased by YVRR; (2) the continuance in 
control is not part of a series of anticipated transactions that would 
connect the rail lines being acquired by YVRR with any railroad in the 
Watco corporate family; and (3) neither YVRR nor any of the carriers 
controlled by Watco are Class I carriers. Therefore, the transaction is 
exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 
CFR 1180.2(d)(2). The purpose of the transaction is to reduce overhead 
expenses and coordinate billing, maintenance, mechanical and personnel 
policies and practices of applicant's rail carrier subsidiaries and 
thereby improve the overall efficiency of rail service provided by the 
13 railroads.
    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 sections 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 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34736, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Karl Morell, Of Counsel, Ball 
Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005.

[[Page 52154]]

    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: August 23, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-17148 Filed 8-31-05; 8:45 am]
BILLING CODE 4915-01-P