RailAmerica, Inc., et al.-Control Exemption-Point Comfort and Northern Railway Company, Rockdale, Sandow & Southern Railroad Company, The Massena Terminal Railroad Company, and Bauxite & Northern Railway Company, 60882 [05-20807]

Download as PDF 60882 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices investigation is to develop a more thorough record regarding charges of abuse of market power by NCC, in its practices generally, and particularly with its action changing the classification of lighting products and fixtures in 2004. DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34758] Opening comments may be filed by persons opposing renewal of NCC’s bureau agreement by November 18, 2005. NCC may file reply comments by December 8, 2005. DATES: Any filing submitted in this proceeding must refer to STB Ex Parte No. 656 (Sub-No. 1) and must be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should comply with the instructions found on the Board’s https://www.stb.dot.gov Web site, at the ‘‘E-FILING’’ link. Any person submitting a filing in the traditional paper format should send an original and 10 paper copies of the filing (and also an IBM-compatible floppy disk with any textual submission in any version of either Microsoft Word or WordPerfect) to: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. Because all comments will be posted to the Board’s Web site, persons filing them with the Board need not serve them on other participants but must furnish a hard copy on request to any participant. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar (202) 565–1609. (Federal Information Relay Service for the hearing impaired: 1–800–877–8339.) SUPPLEMENTARY INFORMATION: Additional information on this proceeding appears in the Board’s decision in this proceeding. This decision will be published on the Board’s Web site at https:// www.stb.dot.gov, under docket number STB Ex Parte No. 656 (Sub-No. 1). Board filings, decisions, and notices are available at this site. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Decided: October 12, 2005. By the Board, Chairman Nober, Vice Chairman Buttrey, and Commissioner Mulvey. Vernon A. Williams, Secretary. [FR Doc. 05–20806 Filed 10–18–05; 8:45 am] BILLING CODE 4915–01–P VerDate Aug<31>2005 14:50 Oct 18, 2005 Jkt 208001 RailAmerica, Inc., et al.—Control Exemption—Point Comfort and Northern Railway Company, Rockdale, Sandow & Southern Railroad Company, The Massena Terminal Railroad Company, and Bauxite & Northern Railway Company RailAmerica, Inc. (RailAmerica), Palm Beach Rail Holding, Inc. (Palm Beach), and RailAmerica Transportation Corp. (RTC), have filed a notice of exemption to permit RailAmerica, Palm Beach, and RTC to acquire control of Point Comfort and Northern Railway Company (PCNR), Rockdale, Sandow & Southern Railroad Company (RSSR), The Massena Terminal Railroad Company (MTRC), and Bauxite & Northern Railway Company (BXNR) by purchase of all of their stock from Alcoa, Inc. PCNR, RSSR, MTRC, and BXNR are Class III carriers. PCNR and RSSR operate in Texas, MTRC operates in New York and BXNR operates in Arkansas. The transaction was scheduled to be consummated on or after September 30, 2005. RailAmerica directly controls one Class II rail carrier and 26 Class III rail carriers. In addition, RailAmerica directly controls Palm Beach, which in turn directly controls RTC. Applicants state that: (i) The rail lines involved in this transaction do not connect with any rail lines now controlled, directly or indirectly by RailAmerica; (ii) this transaction is not part of a series of anticipated transactions that would connect any of these rail lines with each other; and (iii) this transaction does not involve a Class I carrier. Therefore, this transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). The purpose of this transaction is to make the efficiencies and economies of the RailAmerica structure available to PCNR, RSSR, MTRC, and BXNR. 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. Because the transaction involves at least one Class II and one or more Class III rail carriers, the exemption is subject to the labor protection requirements of 49 U.S.C. 11326(b). 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) PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 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. 34758, 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 Louis E. Gitomer, Of Counsel, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: October 11, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–20807 Filed 10–18–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request October 13, 2005. The Department of the 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 November 18, 2005 to be assured of consideration. Internal Revenue Service (IRS) OMB Number: 1545–0718. Type of Review: Extension. Title: Employer’s Monthly Federal Tax Return. Form: IRS form 941–M. Description: Form 941–M is used by certain employers to report payroll taxes on a monthly rather than quarterly basis. Employers who have failed to file form 941 or who have failed to deposit taxes as required are notified by the District Director that they must file form 941–M monthly. Respondents: Business or other forprofit and Individuals and households. Estimated Total Burden Hours: 166,320 hours. E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Notices]
[Page 60882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20807]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34758]


RailAmerica, Inc., et al.--Control Exemption--Point Comfort and 
Northern Railway Company, Rockdale, Sandow & Southern Railroad Company, 
The Massena Terminal Railroad Company, and Bauxite & Northern Railway 
Company

    RailAmerica, Inc. (RailAmerica), Palm Beach Rail Holding, Inc. 
(Palm Beach), and RailAmerica Transportation Corp. (RTC), have filed a 
notice of exemption to permit RailAmerica, Palm Beach, and RTC to 
acquire control of Point Comfort and Northern Railway Company (PCNR), 
Rockdale, Sandow & Southern Railroad Company (RSSR), The Massena 
Terminal Railroad Company (MTRC), and Bauxite & Northern Railway 
Company (BXNR) by purchase of all of their stock from Alcoa, Inc. PCNR, 
RSSR, MTRC, and BXNR are Class III carriers. PCNR and RSSR operate in 
Texas, MTRC operates in New York and BXNR operates in Arkansas.
    The transaction was scheduled to be consummated on or after 
September 30, 2005.
    RailAmerica directly controls one Class II rail carrier and 26 
Class III rail carriers. In addition, RailAmerica directly controls 
Palm Beach, which in turn directly controls RTC.
    Applicants state that: (i) The rail lines involved in this 
transaction do not connect with any rail lines now controlled, directly 
or indirectly by RailAmerica; (ii) this transaction is not part of a 
series of anticipated transactions that would connect any of these rail 
lines with each other; and (iii) this transaction does not involve a 
Class I carrier. Therefore, this transaction is exempt from the prior 
approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
    The purpose of this transaction is to make the efficiencies and 
economies of the RailAmerica structure available to PCNR, RSSR, MTRC, 
and BXNR.
    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. Because the transaction 
involves at least one Class II and one or more Class III rail carriers, 
the exemption is subject to the labor protection requirements of 49 
U.S.C. 11326(b).
    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. 34758, 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 Louis E. Gitomer, Of Counsel, 
Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: October 11, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-20807 Filed 10-18-05; 8:45 am]
BILLING CODE 4915-01-P

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