Watco Companies, Inc.-Continuance in Control Exemption-Arkansas Southern Railroad, Inc., 61879-61880 [05-21409]

Download as PDF Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 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. 34728, 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 Eric M. Hocky, Gollatz, Griffin & Ewing, P.C., Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103–2808. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: October 21, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–21410 Filed 10–25–05; 8:45 am] BILLING CODE 4915–01–P 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. 34760, 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. Board decisions and notices are available on our Web site at http://www.stb.dot.gov. Decided: October 21, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–21402 Filed 10–25–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 34760] Surface Transportation Board Arkansas Southern Railroad, Inc.— Lease Exemption—The Kansas City Southern Railway Company [STB Finance Docket No. 34761] Arkansas Southern Railroad, Inc. (ARSR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from The Kansas City Southern Railway Company and operate approximately 61 miles of rail lines located in Arkansas and Oklahoma. The rail lines extend from: (1) Milepost 4.0, near Heavener, OK, to milepost 33.0, at the end of the track at Waldron, AR; and (2) milepost 32.0, at Ashdown, AR, to milepost 0.0, at the end of the track near Nashville, AR, not including the 601 track switch at Ashdown, AR. This transaction is related to STB Finance Docket No. 34761, Watco Companies, Inc.—Continuance in Control Exemption—Arkansas Southern Railroad, Inc., wherein Watco Companies, Inc., has filed a notice of exemption to continue in control of ARSR upon its becoming a Class III rail carrier. ARSR certifies that its projected revenues as a result of the transaction will not result in ARSR’s becoming a Class II or Class I rail carrier. ARSR also certifies that its projected annual revenues will not exceed $5 million. The transaction was expected to be consummated on or shortly after October 9, 2005. VerDate Aug<31>2005 16:26 Oct 25, 2005 Jkt 208001 Watco Companies, Inc.—Continuance in Control Exemption—Arkansas Southern Railroad, Inc. Watco Companies, Inc. (Watco), has filed a verified notice of exemption to continue in control of Arkansas Southern Railroad, Inc. (ARSR), upon ARSR’s becoming a Class III rail carrier.1 The transaction was expected to be consummated on or shortly after October 9, 2005. This transaction is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 34760, Arkansas Southern Railroad, Inc.—Lease Exemption—The Kansas City Southern Railway Company. In that proceeding, ARSR seeks to acquire by lease from The Kansas City Southern Railway Company and operate approximately 61 miles of rail lines in Arkansas and Oklahoma extending from: (1) Milepost 4.0, near Heavener, OK, to milepost 33.0, at the end of the track at Waldron, AR; and (2) milepost 32.0, at Ashdown, AR, to milepost 0.0, at the end of the track near Nashville, AR, not including the 601 track switch at Ashdown, AR. 1 Watco owns 100% of the issued and outstanding stock of ARSR. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 61879 Watco, a Kansas corporation, is a noncarrier that currently controls 14 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), Mississippi Southern Railroad, Inc. (MSRR), Yellowstone Valley Railroad, Inc. (YVRR), and Louisiana Southern Railroad, Inc. (LSRR).2 Applicant states that (1) The rail lines operated by SKO, PRCC, TIBR, SLWC, EIRR, K&O, PSWR, GNR, KRR, MMT, AO, MSRR, YVRR, and LSRR do not connect with the rail lines being leased by ARSR; (2) the continuance in control is not part of a series of anticipated transactions that would connect the rail lines being leased by ARSR with any railroad in the Watco corporate family; and (3) neither ARSR nor any of the carriers controlled by Watco are Class I rail 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, coordinate billing, maintenance, mechanical and personnel policies and practices of applicant’s rail carrier subsidiaries, thereby improving the overall efficiency of rail service provided by the 15 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 on 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 2 SKO’s lines are located in Missouri, Kansas, and Oklahoma; PRCC’s lines are located in Washington, Oregon, and Idaho; TIBR’s lines are located in Texas and Louisiana; SLWC’s lines are located in Oklahoma: EIRR’s lines are located in Idaho; K&O’s lines are located in Kansas and Colorado; PSWR’s line is located in Pennsylvania; GNR’s lines are located in Idaho and Washington; KRR’s lines are located in Kansas and Missouri; MMT’s lines are located in Montana; AO’s lines are located in West Virginia; MSRR’s line is located in Mississippi; YVRR’s lines are located in Montana; and LSRR’s lines are located in Louisiana. E:\FR\FM\26OCN1.SGM 26OCN1 61880 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 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. 34761, 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. Board decisions and notices are available on our Web site at http:// WWW.STB.DOT.GOV. Decided: October 21, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–21409 Filed 10–25–05; 8:45 am] BILLING CODE 4915–01–M DEPARTMENT OF THE TREASURY Public Meeting of the President’s Advisory Panel on Federal Tax Reform Department of the Treasury. Change in meeting date and AGENCY: ACTION: time. SUMMARY: This notice advises all interested persons of a change in the date and time of a public meeting of the President’s Advisory Panel on Federal Tax Reform. DATES: The meeting previously scheduled for Thursday, October 27, 2005, and announced in 70 FR 59394 (October 12, 2005), has been rescheduled for Monday, October 31, 2005. The meeting will be held via teleconference and will begin at 2:30 p.m. Eastern Standard Time. This time may be subject to change. Interested parties will be able to listen to the meeting. Call-in information and updated time information will be posted on the Panel’s Web site, http:// www.taxreformpanel.gov. The Panel staff at (202) 927–2TAX (927– 2829) (not a toll-free call) or e-mail info@taxreformpanel.gov (please do not send comments to this box). Additional information is available at http:// www.taxreformpanel.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Purpose: The October 31 meeting is the thirteenth meeting of the Advisory Panel. Due to exceptional circumstances concerning scheduling, this Notice is being published at this time. At this VerDate Aug<31>2005 16:26 Oct 25, 2005 Jkt 208001 meeting, the Panel will finalize any remaining matters that may be pending before the Panel. Comments: Interested parties are invited to call into the teleconference to listen to the meeting; however, no public comments will be heard at the meeting. Any written comments with respect to this meeting may be mailed to The President’s Advisory Panel on Federal Tax Reform, 1440 New York Avenue NW., Suite 2100, Washington, DC 20220. All written comments will be made available to the public. Records: Records are being kept of Advisory Panel proceedings and will be available at the Internal Revenue Service’s FOIA Reading Room at 1111 Constitution Avenue, NW., Room 1621, Washington, DC 20024. The Reading Room is open to the public from 9 a.m. to 4 p.m., Monday through Friday except holidays. The public entrance to the reading room is on Pennsylvania Avenue between 10th and 12th streets. The phone number is (202) 622–5164 (not a toll-free number). Advisory Panel documents, including meeting announcements, agendas, and minutes, will also be available on http:// www.taxreformpanel.gov. Dated: October 24, 2005. Mark S. Kaizen, Designated Federal Officer. [FR Doc. 05–21475 Filed 10–25–05; 8:45 am] BILLING CODE 4811–37–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Proposed Information Collection; Comment Request Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: SUMMARY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, ‘‘Fiduciary Activities of National Banks—12 CFR part 9.’’ DATES: You should submit written comments by December 27, 2005. PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 You should direct your comments to: Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 1–5, Attention: 1557–0140, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874–4448, or by electronic mail to regs.comments@occ.treas.gov. You can inspect and photocopy the comments at the OCC’s Public Information Room, 250 E Street, SW., Washington, DC 20219. You can make an appointment to inspect the comments by calling (202) 874–5043. Additionally, you should send a copy of your comments to OCC Desk Officer, 1557–0140, by mail to U.S. Office of Management and Budget, 725, 17th Street, NW., #10235, Washington, DC 20503, or by fax to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: You can request additional information or a copy of the collection from Mary Gottlieb, OCC Clearance Officer, or Camille Dixon, (202) 874–5090, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is requesting OMB approval for a revision to the following information collection: Title: Fiduciary Activities of National Banks—12 CFR 9. OMB Number: 1557–0140. Description: This submission covers an existing regulation and involves no change to the regulation or to the information collection. The OCC requests only that OMB approve its revised estimate of the burden and extend its approval of the information collection. Under 12 U.S.C. 92a, the OCC regulates the fiduciary activities of national banks, including the administration of collective investment funds. The requirements in 12 CFR part 9 enable the OCC to perform its responsibilities relating to the fiduciary activities of national banks and collective investment funds. The collections of information in Part 9 are found in 9.8, 9.9(a) and (b), 9.17(a), 9.18(b)(1), 9.18(b)(6)(ii), 9.18(b)(6)(iv), and 9.18(c)(5) as follows: Section 9.8 requires a national bank to maintain fiduciary records; Section 9.9(a) and (b) require a national bank to note the results of a fiduciary audit in the minutes of the board of directors; Section 9.17(a) requires a national bank that wants to surrender its fiduciary powers to file with the OCC a ADDRESSES: E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61879-61880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21409]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34761]


Watco Companies, Inc.--Continuance in Control Exemption--Arkansas 
Southern Railroad, Inc.

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

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

    The transaction was expected to be consummated on or shortly after 
October 9, 2005.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 34760, Arkansas Southern 
Railroad, Inc.--Lease Exemption--The Kansas City Southern Railway 
Company. In that proceeding, ARSR seeks to acquire by lease from The 
Kansas City Southern Railway Company and operate approximately 61 miles 
of rail lines in Arkansas and Oklahoma extending from: (1) Milepost 
4.0, near Heavener, OK, to milepost 33.0, at the end of the track at 
Waldron, AR; and (2) milepost 32.0, at Ashdown, AR, to milepost 0.0, at 
the end of the track near Nashville, AR, not including the 601 track 
switch at Ashdown, AR.
    Watco, a Kansas corporation, is a noncarrier that currently 
controls 14 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), Mississippi Southern Railroad, Inc. (MSRR), Yellowstone 
Valley Railroad, Inc. (YVRR), and Louisiana Southern Railroad, Inc. 
(LSRR).\2\
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    \2\ SKO's lines are located in Missouri, Kansas, and Oklahoma; 
PRCC's lines are located in Washington, Oregon, and Idaho; TIBR's 
lines are located in Texas and Louisiana; SLWC's lines are located 
in Oklahoma: EIRR's lines are located in Idaho; K&O's lines are 
located in Kansas and Colorado; PSWR's line is located in 
Pennsylvania; GNR's lines are located in Idaho and Washington; KRR's 
lines are located in Kansas and Missouri; MMT's lines are located in 
Montana; AO's lines are located in West Virginia; MSRR's line is 
located in Mississippi; YVRR's lines are located in Montana; and 
LSRR's lines are located in Louisiana.
---------------------------------------------------------------------------

    Applicant states that (1) The rail lines operated by SKO, PRCC, 
TIBR, SLWC, EIRR, K&O, PSWR, GNR, KRR, MMT, AO, MSRR, YVRR, and LSRR do 
not connect with the rail lines being leased by ARSR; (2) the 
continuance in control is not part of a series of anticipated 
transactions that would connect the rail lines being leased by ARSR 
with any railroad in the Watco corporate family; and (3) neither ARSR 
nor any of the carriers controlled by Watco are Class I rail 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, coordinate billing, 
maintenance, mechanical and personnel policies and practices of 
applicant's rail carrier subsidiaries, thereby improving the overall 
efficiency of rail service provided by the 15 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 on 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

[[Page 61880]]

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. 34761, 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.
    Board decisions and notices are available on our Web site at http:/
/WWW.STB.DOT.GOV.

    Decided: October 21, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-21409 Filed 10-25-05; 8:45 am]
BILLING CODE 4915-01-M