Wyoming Dakota Railroad Properties, Inc.-Acquisition and Operation Exemption-Dakota, Minnesota & Eastern Railroad Corporation, 48973-48974 [E6-13774]

Download as PDF Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices Decided: August 16, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–13898 Filed 8–21–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34872] Dakota, Minnesota & Eastern Railroad Corporation and Cedar American Rail Holdings, Inc.—Intra-Corporate Family Transaction Exemption—Wyoming Dakota Railroad Properties, Inc. cprice-sewell on PROD1PC66 with NOTICES Dakota, Minnesota & Eastern Railroad Corporation (DM&E) and its subsidiary, Cedar American Rail Holdings, Inc, (CARH), have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a transaction within a corporate family. In a concurrently filed verified notice of exemption in STB Finance Docket No. 34871, Wyoming Dakota Railroad Properties, Inc. (WDR), a newly created subsidiary of CAHR, seeks authority to acquire DM&E’s Board issued authority to construct and operate 1 some 280 miles of rail line. The instant notice of exemption will allow DM&E and CARH to continue in control of WDR once the new entity acquires DM&E’s construction authority and becomes a rail carrier.2 The parties had intended to consummate the transaction on June 20, 2006, the date the authority sought in STB Finance Docket No. 34871 was to became effective. However, in a decision served on June 19, 2006, the effective date of the two exemptions was stayed so that the Board could consider issues raised by various parties filing petitions to revoke/reject the exemption sought in STB Finance Docket No. 34871. The Board, among other things, lifted the stay and denied the petitions to reject/revoke the other exemption in a decision served on August 14, 2006, and effective on August 24, 2006. As a result of that decision, the exemption will become effective on August 24, 2006. The transaction sought in this exemption will be consummated when the transaction sought in STB Finance Docket No. 34871 is consummated. 1 See Dakota, MN & Eastern R.—Construction— Powder River Basin, 3 S.T.B. 847 (1998), 6 S.T.B. 8 (2002), and Dakota, Minnesota & Eastern Railroad Corporation Construction into the Powder River Basin, STB Finance Docket No. 33407 (STB served Feb. 15, 2006). 2 CAHR currently controls a rail carrier, Iowa, Chicago & Eastern Railroad Corporation. VerDate Aug<31>2005 15:34 Aug 21, 2006 Jkt 208001 The purpose of the substitution and continuance in control transactions is to create options to facilitate financing of the construction project and to insulate DM&E’s shareholders from the risk associated with that project. This is a transaction within a corporate family of the type exempted from prior review and approval under 49 CFR 1180.2(d)(3). The parties state that the transaction will not result in adverse changes in service levels, significant operational changes, or any change in the competitive balance with carriers outside the corporate family. As a condition to use of this exemption, any employees adversely affected by the transaction will be protected by the conditions set forth in New York Dock Ry.—Control—Brooklyn Eastern Dist., 360 I.C.C. 60 (1979). 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. 34872, 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 William C. Sippel, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 15, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–13753 Filed 8–21–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34871] Wyoming Dakota Railroad Properties, Inc.—Acquisition and Operation Exemption—Dakota, Minnesota & Eastern Railroad Corporation Wyoming Dakota Railroad Properties, Inc. (WDR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 and 49 CFR 1150.35 to acquire the authority granted to Dakota, Minnesota & Eastern Railroad Corporation (DM&E) to construct and PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 48973 operate some 280 miles of rail line.1 Specifically, the lines authorized for construction and operation include: (1) A 262.03-mile rail line extending from a point near Wasta, SD, to connect with 11 coal mines located south of Gillette, WY, in the Powder River Basin; (2) a 13.31-mile rail line in the Mankato, MN area; and (3) a 2.94-mile rail line near Owatonna, MN.2 WDR is a newly created subsidiary of Cedar American Rail Holdings, Inc. (CARH), a subsidiary of DM&E.3 WDR explains that utilizing a separate company from DM&E to build and operate the new rail lines will enhance financing options for the project and create options to limit the risk to DM&E’s shareholders. The subsidiary further explains that substituting it for DM&E will not alter the nature, effect, or implementation of the construction project as previously considered and approved by the Board. Moreover, WDRPI claims that it will comply with all environmental conditions and other legal requirements pertaining to the construction. Pursuant to 49 CFR 1150.35(a), a noncarrier must comply with the notice requirements of 49 CFR 1150.32(e). The Board granted WDR’s petition for waiver of these requirements in a decision served on August 14, 2006, and effective on August 24, 2006. In that same decision, the Board denied petitions for revocation of this exemption and lifted a June 19, 2006 housekeeping stay of the effectiveness of the instant exemption and the exemption sought in STB Finance Docket No. 34872. Although the instant exemption will thus be effective on August 24, 2006, WDR expects to commence construction of the subject rail line upon finalization of financing arrangements, and to commence operations on the line during 2009. 1 See Dakota, MN & Eastern R.—Construction— Powder River Basin, 3 S.T.B. 847 (1998), 6 S.T.B. 8 (2002), and Dakota, Minnesota & Eastern Railroad Corporation Construction into the Powder River Basin, STB Finance Docket No. 33407 (STB served Feb. 15, 2006). 2 WDR notes that once constructed, it or another rail carrier in the DM&E corporate family will operate the new lines. It states that in the latter circumstance, the operator will seek separate and appropriate Board authority prior to the commencement of rail service. WDR explains that, should WDR operate on the newly constructed lines, it and DM&E expect to exchange trains and change crews at Middle West Staging and Marshaling Yard at Wall, SD. The Mankato line and Owatonna line would likely be operated by DM&E pursuant to a separate lease or trackage rights arrangement with WDR. 3 Concurrently, CAHR and DM&E have jointly filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(3) in STB Finance Docket No. 34872 to continue in control of WDR once WDR becomes a rail carrier. CAHR currently controls a Class II rail carrier, Iowa, Chicago & Eastern Railroad Corporation. E:\FR\FM\22AUN1.SGM 22AUN1 48974 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices 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. 34871, 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 William C. Sippel, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 15, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–13774 Filed 8–21–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Additional Designation of Individuals Pursuant to Executive Order 13338 Office of Foreign Assets Control, Treasury. ACTION: Notice. cprice-sewell on PROD1PC66 with NOTICES AGENCY: SUMMARY: The Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the names of two newly designated individuals whose property and interests in property are blocked pursuant to Executive Order 13338 of May 11, 2004, ‘‘Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria.’’ DATES: The designation by the Secretary of the Treasury of the two individuals identified in this notice pursuant to Executive Order 13338 is effective on August 15, 2006. FOR FURTHER INFORMATION CONTACT: Assistant Director, Compliance Outreach & Implementation, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220, tel.: 202/622–2490. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (http://www.treas.gov/ofac) or via VerDate Aug<31>2005 15:34 Aug 21, 2006 Jkt 208001 facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077. Background On May 11, 2004, the President issued Executive Order 13338 (the ‘‘Order’’) pursuant to the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq., the National Emergencies Act, 50 U.S.C. 1601 et seq., the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003, Public Law 108–175, and section 301 of title 3, United States Code. In the Order, the President declared a national emergency to address the threat posed by the actions of the Government of Syria in supporting terrorism, continuing its occupation of Lebanon, pursuing weapons of mass destruction and missile programs, and undermining the United States and international efforts with respect to the stabilization and reconstruction of Iraq. Section 3 of the Order blocks, with certain exceptions, all property and interests in property of the following persons, that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons: Persons who are determined by the Secretary of the Treasury, in consultation with the Secretary of State, (1) to be or to have been directing or otherwise significantly contributing to the Government of Syria’s provision of safe haven to or other support for any person whose property or interests in property are blocked under the United States law for terrorism-related reasons; (2) to be or to have been directing or otherwise significantly contributing to the Government of Syria’s military or security presence in Lebanon; (3) to be or to have been directing or otherwise significantly contributing to the Government of Syria’s pursuit of the development and production of chemical, biological, or nuclear weapons and medium- and long-range surface-to-surface missiles; (4) to be or to have been directing or otherwise significantly contributing to any steps taken by the Government of Syria to undermine the United States and international efforts with respect to the stabilization and reconstruction of Iraq; or (5) to be owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person whose property or interests in property are blocked pursuant to the Order. On August 15, 2006, the Secretary of the Treasury, in consultation with the Secretary of State, designated, pursuant to one or more of the criteria set forth PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 in the Order, two individuals whose property and interests in property are blocked pursuant to Executive Order 13338. The list of additional designees is as follows: 1. Ikhtiyar, Hisham (a.k.a. Al Ikhteyar, Hisham; a.k.a. Al Ikhtiyar, Hisham; a.k.a. Al-Ikhtiyar, Hisham; a.k.a. AlIkhtiyar, Hisham Ahmad; a.k.a. Bakhtiar, Hisham; a.k.a. Bakhtiyar, Hisham; a.k.a. Ichtijar, Hisham; a.k.a. Ikhteyar, Hisham), Maliki, Damascus, Syria; DOB 1941; Major General; Director, Syria Ba’ath Party Regional Command National Security Bureau 2. Jami Jami (a.k.a. Jama’ Jama’; a.k.a. Jamea, Jamea Kamil; a.k.a. Jam’i Jam’i); DOB 16 Jun 1954; POB Jablah, Zama, Syria; Brigadier General Dated: August 15, 2006. Barbara C. Hammerle, Acting Director, Office of Foreign Assets Control. [FR Doc. E6–13810 Filed 8–21–06; 8:45 am] BILLING CODE 4811–37–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0176] Proposed Information Collection Activity: Proposed Collection; Comment Request Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. AGENCY: SUMMARY: The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA) is announcing an opportunity for public comment on the proposed collection of information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on the information needed to monitor claimants’ training progress towards their rehabilitation goals. Written comments and recommendations on the proposed collection of information should be received on or before October 23, 2006. ADDRESSES: Submit written comments on the collection of information to Nancy J. Kessinger, Veterans Benefits Administration (20M35), Department of DATES: E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Notices]
[Pages 48973-48974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13774]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34871]


Wyoming Dakota Railroad Properties, Inc.--Acquisition and 
Operation Exemption--Dakota, Minnesota & Eastern Railroad Corporation

    Wyoming Dakota Railroad Properties, Inc. (WDR), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 and 49 CFR 
1150.35 to acquire the authority granted to Dakota, Minnesota & Eastern 
Railroad Corporation (DM&E) to construct and operate some 280 miles of 
rail line.\1\ Specifically, the lines authorized for construction and 
operation include: (1) A 262.03-mile rail line extending from a point 
near Wasta, SD, to connect with 11 coal mines located south of 
Gillette, WY, in the Powder River Basin; (2) a 13.31-mile rail line in 
the Mankato, MN area; and (3) a 2.94-mile rail line near Owatonna, 
MN.\2\
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    \1\ See Dakota, MN & Eastern R.--Construction--Powder River 
Basin, 3 S.T.B. 847 (1998), 6 S.T.B. 8 (2002), and Dakota, Minnesota 
& Eastern Railroad Corporation Construction into the Powder River 
Basin, STB Finance Docket No. 33407 (STB served Feb. 15, 2006).
    \2\ WDR notes that once constructed, it or another rail carrier 
in the DM&E corporate family will operate the new lines. It states 
that in the latter circumstance, the operator will seek separate and 
appropriate Board authority prior to the commencement of rail 
service. WDR explains that, should WDR operate on the newly 
constructed lines, it and DM&E expect to exchange trains and change 
crews at Middle West Staging and Marshaling Yard at Wall, SD. The 
Mankato line and Owatonna line would likely be operated by DM&E 
pursuant to a separate lease or trackage rights arrangement with 
WDR.
---------------------------------------------------------------------------

    WDR is a newly created subsidiary of Cedar American Rail Holdings, 
Inc. (CARH), a subsidiary of DM&E.\3\ WDR explains that utilizing a 
separate company from DM&E to build and operate the new rail lines will 
enhance financing options for the project and create options to limit 
the risk to DM&E's shareholders. The subsidiary further explains that 
substituting it for DM&E will not alter the nature, effect, or 
implementation of the construction project as previously considered and 
approved by the Board. Moreover, WDRPI claims that it will comply with 
all environmental conditions and other legal requirements pertaining to 
the construction.
---------------------------------------------------------------------------

    \3\ Concurrently, CAHR and DM&E have jointly filed a verified 
notice of exemption pursuant to 49 CFR 1180.2(d)(3) in STB Finance 
Docket No. 34872 to continue in control of WDR once WDR becomes a 
rail carrier. CAHR currently controls a Class II rail carrier, Iowa, 
Chicago & Eastern Railroad Corporation.
---------------------------------------------------------------------------

    Pursuant to 49 CFR 1150.35(a), a noncarrier must comply with the 
notice requirements of 49 CFR 1150.32(e). The Board granted WDR's 
petition for waiver of these requirements in a decision served on 
August 14, 2006, and effective on August 24, 2006. In that same 
decision, the Board denied petitions for revocation of this exemption 
and lifted a June 19, 2006 housekeeping stay of the effectiveness of 
the instant exemption and the exemption sought in STB Finance Docket 
No. 34872. Although the instant exemption will thus be effective on 
August 24, 2006, WDR expects to commence construction of the subject 
rail line upon finalization of financing arrangements, and to commence 
operations on the line during 2009.

[[Page 48974]]

    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. 34871, 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 William C. Sippel, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: August 15, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-13774 Filed 8-21-06; 8:45 am]
BILLING CODE 4915-01-P