Arkansas Midland Railroad Company, Inc.-Petition for Declaratory Order-Caddo Valley Railroad Company, 29215-29216 [E6-7565]

Download as PDF Federal Register / Vol. 71, No. 97 / Friday, May 19, 2006 / Notices DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration International Standards on the Transport of Dangerous Goods; Public Meeting Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation. ACTION: Notice of public meeting. AGENCY: SUMMARY: This notice is to advise interested persons that PHMSA will conduct a public meeting in preparation for the 29th session of the United Nation’s Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE) to be held 3–12 (a.m.) July 2006 in Geneva, Switzerland. DATES: Wednesday June 21, 2006; 9:30 a.m.–12:30 p.m. Room 3328. ADDRESSES: The meeting will be held at DOT Headquarters, Nassif Building, 400 Seventh Street SW., Washington, DC 20590. Mr. Duane Pfund, Acting Director, Office of International Standards, Office of Hazardous Materials Safety, Department of Transportation, Washington, DC 20590; (202) 366–0656. SUPPLEMENTARY INFORMATION: The primary purpose of this meeting will be to prepare for the 29th session of the UNSCOE and to discuss draft U.S. positions on UNSCOE proposals. The 29th session of the UNSCOE is the third meeting in the current biennium cycle. The UNSCOE will consider proposals for the 15th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods Model Regulations. Topics to be covered during the public meetings include: (1) Explosive classification, (2) Transport of compressed gases, (3) Requirements for Intermediate Bulk Containers (IBC), (4) Transport of dangerous goods in limited and excepted quantities, (5) Requirements for lithium batteries and fuel cell systems, (6) Requirements for the classification and packaging of Division 6.2 Infectious Substances, (7) Harmonization with the IAEA Regulations for the safe transport of radioactive materials, (8) Options to facilitate global harmonization of transport of dangerous goods regulations, (9) Miscellaneous proposals related to listing and classification, and the use of packaging and tanks. The public is invited to attend without prior notification. Due to the wwhite on PROD1PC61 with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Aug<31>2005 17:37 May 18, 2006 Jkt 208001 heightened security measures participants are encouraged to arrive early to allow time for security checks necessary to obtain access to the building. In lieu of conducting a public meeting after the 29th session of the UNSCOE to present the results of the session, PHMSA will place a copy of the Sub-Committee’s report and an updated copy of the pre-meeting summary document on PHMSA’s Hazardous Materials Safety Homepage at http:// hazmat.dot.gov/regs/intl/ intstandards.htm. Documents Copies of documents for the UNSCOE meeting and the meeting agenda may be obtained by downloading them from the United Nations Transport Division’s Web site at http://www.unece.org/trans/ main/dgdb/dgsubc/c32006.html. This site may also be accessed through PHMSA’s Hazardous Materials Safety Homepage at http://hazmat.dot.gov/ regs/intl/intstandards/htm. PHMSA’s site provides additional information regarding the UNSCOE and related matters such as a summary of decisions taken at previous sessions of the UNSCOE. Robert A. McGuire, Associate Administrator for Hazardous Materials Safety. [FR Doc. 06–4691 Filed 5–18–06; 8:45 am] BILLING CODE 4910–60–M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34865] Arkansas Midland Railroad Company, Inc.—Petition for Declaratory Order— Caddo Valley Railroad Company AGENCY: Surface Transportation Board, DOT. Institution of declaratory order proceeding; request for comments. ACTION: SUMMARY: In response to a petition filed by the Arkansas Midland Railroad Company, Inc. (AKMD), the Board is instituting a declaratory order proceeding under 49 U.S.C. 721 and 5 U.S.C. 554(e) to determine if the right of first refusal provided in 49 U.S.C. 10907(h), to repurchase a line sold under the Feeder Line Development Program, applies when a transfer of control of a feeder line operator occurs by stock sale. Responses to the petition have been filed by Caddo Valley Railroad Company (CVR); Bean Lumber Company and Curt Bean Lumber Company (Bean Companies); GS Roofing Products Company, Inc. (GS) PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 29215 and CertainTeed Corporation (CertainTeed); and Pioneer Railcorp (Pioneer) (jointly, Respondents). International Paper Company (IP) also has submitted a response. The Board seeks public comment on this issue. DATES: Comments are due June 19, 2006. Replies are due June 29, 2006. ADDRESSES: Send an original and 10 copies of any comments, referring to STB Finance Docket No. 34865, to: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, send one copy of comments to (1) AKMD’s representative, William C. Sippel, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832; (2) CVR and Bean Companies’ representative, Richard H. Streeter, Barnes & Thornburg LLP, 750 17th Street, NW., Suite 900, Washington, DC 20006–4675; (3) GS and CertainTeed’s representative, Mark J. Andrews, Strasburger & Price, LLP, 1800 K Street, NW., Suite 301, Washington, DC 20006; (4) Pioneer’s representative, Daniel A. LaKemper, Pioneer Railcorp, 1318 S. Johanson Road, Peoria, IL 61607; and (5) IP’s representative, Edward D. Greenberg, Galland, Kharasch, Greenberg, Fellman & Swirsky, P.C., 1054 Thirty-First Street, NW., Washington, DC 20007–4492. FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565–1609. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: 1– 800–877–8339]. SUPPLEMENTARY INFORMATION: AKMD’s petition for declaratory order concerns the Norman Branch line between Gurdon and Birds Mill, AR, which AKMD was forced to sell under the Feeder Line Development Program at 49 U.S.C. 10907. See Caddo Antoine, et al.—Feeder Li. Acq.—Arkansas Midland RR, 4 S.T.B. 610 (2000); GS Roofing Products Co. v. STB, 262 F.3d 767 (8th Cir. 2001). The Bean Companies and CertainTeed’s subsidiary, GS, were two of the five shippers authorized to acquire the line. According to the petition, the shippers created a corporation, CVR, to own the assets of, and to operate, the line.1 AKMD claims that the shippers are now proposing to sell the stock ownership of CVR to Pioneer, an owner of several Class III shortline railroads. AKMD claims that the proposed sale of all of CVR’s stock will subvert its firstrefusal rights under 49 U.S.C. 10907(h).2 1 It is unclear who currently owns CVR’s stock. 10907(h) provides that: ‘‘If a purchasing carrier under this section proposes to sell or 2 Section E:\FR\FM\19MYN1.SGM Continued 19MYN1 29216 Federal Register / Vol. 71, No. 97 / Friday, May 19, 2006 / Notices wwhite on PROD1PC61 with NOTICES AKMD asserts that, if the stock sale goes forward, it would defeat the right of first refusal provision in section 10907(h) in circumstances such as in this case, and it asks the Board to determine that the proposed sale of CVR’s stock cannot proceed until the Norman Branch is first offered to it for repurchase. Respondents oppose AKMD’s petition, asserting that CVR is neither selling nor abandoning the line, so that section 10907(h) is not applicable. Respondents argue that, had Congress intended to include stock acquisitions in section 10907(h), it would have done so. According to Respondents, following the stock sale, the rail line will continue to be an asset of CVR and, should CVR ever elect to sell or abandon any portion of the line, AKMD could then invoke its first-refusal rights under section 10907(h). Respondents contend that the Feeder Line Development Program has worked as intended on the Norman Branch. They state that CVR provided service on the line from September 2000 until the summer of 2005, when the line was embargoed due to the need to make certain repairs. They indicate that CVR resumed service after obtaining funding from the State of Arkansas for those repairs. Respondents explain that CVR’s shareholders have determined that preservation of rail service would best be served by having the shippers sell their stock in CVR to an experienced investor who is willing to operate the line. They have begun discussions with Pioneer, an experienced shortline operator, to invest in the line and fund rehabilitation. They claim that CVR is attempting to further the purposes of the Feeder Line Development Program by finding a new shareholder to enhance the future viability of service to shippers on the line. Respondents request expedited action on this matter. IP, the major shipper on the line, questions whether the proposed transfer of control of the Norman Branch to Pioneer would result in the restoration of service levels that existed when AKMD operated the line and agrees that AKMD has raised a significant legal issue that the Board needs to resolve on the merits.3 abandon all or any portion of a purchased railroad line, such purchasing carrier shall offer the right of first refusal with respect to such line or portion thereof to the carrier which sold such line under this section. Such offer shall be made at a price equal to the sum of the price paid by such purchasing carrier to such selling carrier for such line or portion thereof and the fair market value (less deterioration) of any improvements made, as adjusted to reflect inflation.’’ 3 By pleading filed May 9, 2006, CVR has sought to file a reply to IP’s submission, addressing IP’s claims of service deficiencies, or, alternatively, a VerDate Aug<31>2005 17:37 May 18, 2006 Jkt 208001 The issue presented in AKMD’s petition relating to the right of first refusal in section 10907(h) constitutes a matter of first impression at this agency and involves interpretation of the statute. A declaratory order proceeding is instituted to invite broad public comment. Any person seeking to participate in support of, or in opposition to, AKMD’s position is invited to submit written comments to the Board regarding when, if ever, a stock sale triggers section 10907(h). Board decisions, notices, and filings in this and other Board proceedings are available on our Web site at http:// www.stb.dot.gov. Decided: May 12, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–7565 Filed 5–18–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 990-W Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: SUMMARY: The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 990–W, Estimated Tax on Unrelated Business Taxable Income for TaxExempt Organizations. DATES: Written comments should be received on or before July 18, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Larnice Mack at Internal Revenue Service, room 6512, motion to strike. To ensure a complete record, CVR’s reply will be accepted into the record. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 1111 Constitution Avenue NW., Washington, DC 20224, or at (202) 622– 3179, or through the internet at (Larnice.Mack@irs.gov). SUPPLEMENTARY INFORMATION: Title: Estimated Tax on Unrelated Business Taxable Income for TaxExempt Organizations. OMB Number: 1545–0976. Form Number: 990–W. Abstract: Form 990–W is used by taxexempt trusts and tax-exempt corporations to figure estimated tax liability on unrelated business income and on investment income for private foundations and the amount of each installment payment. Form 990–W is a worksheet only. It is not required to be filed. Current Actions: There are no changes being made to the form at this time. Type of Review: Extension of a currently approved collection. Affected Public: Not-for-profit institutions and business or other forprofit organizations. Estimated Number of Respondents: 28,971. Estimated Number of Response: 13 hours, 22 minuites. Estimated Total Annual Burden Hours: 387,392. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital E:\FR\FM\19MYN1.SGM 19MYN1

Agencies

[Federal Register Volume 71, Number 97 (Friday, May 19, 2006)]
[Notices]
[Pages 29215-29216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7565]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34865]


Arkansas Midland Railroad Company, Inc.--Petition for Declaratory 
Order--Caddo Valley Railroad Company

AGENCY: Surface Transportation Board, DOT.

ACTION: Institution of declaratory order proceeding; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: In response to a petition filed by the Arkansas Midland 
Railroad Company, Inc. (AKMD), the Board is instituting a declaratory 
order proceeding under 49 U.S.C. 721 and 5 U.S.C. 554(e) to determine 
if the right of first refusal provided in 49 U.S.C. 10907(h), to 
repurchase a line sold under the Feeder Line Development Program, 
applies when a transfer of control of a feeder line operator occurs by 
stock sale. Responses to the petition have been filed by Caddo Valley 
Railroad Company (CVR); Bean Lumber Company and Curt Bean Lumber 
Company (Bean Companies); GS Roofing Products Company, Inc. (GS) and 
CertainTeed Corporation (CertainTeed); and Pioneer Railcorp (Pioneer) 
(jointly, Respondents). International Paper Company (IP) also has 
submitted a response. The Board seeks public comment on this issue.

DATES: Comments are due June 19, 2006. Replies are due June 29, 2006.

ADDRESSES: Send an original and 10 copies of any comments, referring to 
STB Finance Docket No. 34865, to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
comments to (1) AKMD's representative, William C. Sippel, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832; 
(2) CVR and Bean Companies' representative, Richard H. Streeter, Barnes 
& Thornburg LLP, 750 17th Street, NW., Suite 900, Washington, DC 20006-
4675; (3) GS and CertainTeed's representative, Mark J. Andrews, 
Strasburger & Price, LLP, 1800 K Street, NW., Suite 301, Washington, DC 
20006; (4) Pioneer's representative, Daniel A. LaKemper, Pioneer 
Railcorp, 1318 S. Johanson Road, Peoria, IL 61607; and (5) IP's 
representative, Edward D. Greenberg, Galland, Kharasch, Greenberg, 
Fellman & Swirsky, P.C., 1054 Thirty-First Street, NW., Washington, DC 
20007-4492.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1609. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at: 1-800-877-8339].

SUPPLEMENTARY INFORMATION: AKMD's petition for declaratory order 
concerns the Norman Branch line between Gurdon and Birds Mill, AR, 
which AKMD was forced to sell under the Feeder Line Development Program 
at 49 U.S.C. 10907. See Caddo Antoine, et al.--Feeder Li. Acq.--
Arkansas Midland RR, 4 S.T.B. 610 (2000); GS Roofing Products Co. v. 
STB, 262 F.3d 767 (8th Cir. 2001). The Bean Companies and CertainTeed's 
subsidiary, GS, were two of the five shippers authorized to acquire the 
line. According to the petition, the shippers created a corporation, 
CVR, to own the assets of, and to operate, the line.\1\
---------------------------------------------------------------------------

    \1\ It is unclear who currently owns CVR's stock.
---------------------------------------------------------------------------

    AKMD claims that the shippers are now proposing to sell the stock 
ownership of CVR to Pioneer, an owner of several Class III shortline 
railroads. AKMD claims that the proposed sale of all of CVR's stock 
will subvert its first-refusal rights under 49 U.S.C. 10907(h).\2\

[[Page 29216]]

AKMD asserts that, if the stock sale goes forward, it would defeat the 
right of first refusal provision in section 10907(h) in circumstances 
such as in this case, and it asks the Board to determine that the 
proposed sale of CVR's stock cannot proceed until the Norman Branch is 
first offered to it for repurchase.
---------------------------------------------------------------------------

    \2\ Section 10907(h) provides that: ``If a purchasing carrier 
under this section proposes to sell or abandon all or any portion of 
a purchased railroad line, such purchasing carrier shall offer the 
right of first refusal with respect to such line or portion thereof 
to the carrier which sold such line under this section. Such offer 
shall be made at a price equal to the sum of the price paid by such 
purchasing carrier to such selling carrier for such line or portion 
thereof and the fair market value (less deterioration) of any 
improvements made, as adjusted to reflect inflation.''
---------------------------------------------------------------------------

    Respondents oppose AKMD's petition, asserting that CVR is neither 
selling nor abandoning the line, so that section 10907(h) is not 
applicable. Respondents argue that, had Congress intended to include 
stock acquisitions in section 10907(h), it would have done so. 
According to Respondents, following the stock sale, the rail line will 
continue to be an asset of CVR and, should CVR ever elect to sell or 
abandon any portion of the line, AKMD could then invoke its first-
refusal rights under section 10907(h).
    Respondents contend that the Feeder Line Development Program has 
worked as intended on the Norman Branch. They state that CVR provided 
service on the line from September 2000 until the summer of 2005, when 
the line was embargoed due to the need to make certain repairs. They 
indicate that CVR resumed service after obtaining funding from the 
State of Arkansas for those repairs. Respondents explain that CVR's 
shareholders have determined that preservation of rail service would 
best be served by having the shippers sell their stock in CVR to an 
experienced investor who is willing to operate the line. They have 
begun discussions with Pioneer, an experienced shortline operator, to 
invest in the line and fund rehabilitation. They claim that CVR is 
attempting to further the purposes of the Feeder Line Development 
Program by finding a new shareholder to enhance the future viability of 
service to shippers on the line.
    Respondents request expedited action on this matter. IP, the major 
shipper on the line, questions whether the proposed transfer of control 
of the Norman Branch to Pioneer would result in the restoration of 
service levels that existed when AKMD operated the line and agrees that 
AKMD has raised a significant legal issue that the Board needs to 
resolve on the merits.\3\
---------------------------------------------------------------------------

    \3\ By pleading filed May 9, 2006, CVR has sought to file a 
reply to IP's submission, addressing IP's claims of service 
deficiencies, or, alternatively, a motion to strike. To ensure a 
complete record, CVR's reply will be accepted into the record.
---------------------------------------------------------------------------

    The issue presented in AKMD's petition relating to the right of 
first refusal in section 10907(h) constitutes a matter of first 
impression at this agency and involves interpretation of the statute. A 
declaratory order proceeding is instituted to invite broad public 
comment. Any person seeking to participate in support of, or in 
opposition to, AKMD's position is invited to submit written comments to 
the Board regarding when, if ever, a stock sale triggers section 
10907(h).
    Board decisions, notices, and filings in this and other Board 
proceedings are available on our Web site at http://www.stb.dot.gov.

    Decided: May 12, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-7565 Filed 5-18-06; 8:45 am]
BILLING CODE 4915-01-P