Jeffrey L. Sutch-Continuance in Control Exemption-SMS Rail Lines of New York, LLC, 57599-57600 [E6-16037]

Download as PDF Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Notices that are Phlx specialists, alternate specialists, or other Phlx floor members would become XLE Participants, including market makers, upon approval of XLE. This proposed rule change would amend the definition of margin member in SCCP’s rules to add the term market maker 7 and to remove the word floor from the term Phlx floor member. This would allow SCCP members that are currently margin members under Rule 1 of SCCP’s rules to maintain their status as margin members following Phlx’s transition to XLE. SCCP believes that the proposed rule change is consistent with Section 17A of the Act 8 because the proposed rule change is designed to allow current SCCP Margin Members to maintain their status as they transition from the current floor based trading environment on Phlx to an electronic trading system, XLE, and would thereby promote the prompt and accurate clearance and settlement of securities transactions and remove impediments to and perfect the mechanism of a national system for the prompt and accurate clearance of securities transactions. (B) Self-Regulatory Organization’s Statement on Burden on Competition SCCP does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. (C) Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action jlentini on PROD1PC65 with NOTICES Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding, or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve the proposed rule change, or 7 The proposed rule change File No. SR–Phlx– 2006–43 would define the term ‘‘market maker’’ in Phlx Rule 1, Definitions, paragraph (m). It would also add new rules 170 through 174 to set forth the registration requirements, rights, and obligations of Phlx market makers. 8 15 U.S.C. 78q–1. VerDate Aug<31>2005 20:43 Sep 28, 2006 Jkt 208001 (B) Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: 57599 For the Commission by the Division of Market Regulation, pursuant to delegated authority.9 Nancy M. Morris, Secretary. [FR Doc. E6–15984 Filed 9–28–06; 8:45 am] BILLING CODE 8010–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board Electronic Comments [STB Finance Docket No. 34929] • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml) or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–SCCP–2006–02 on the subject line. Jeffrey L. Sutch—Continuance in Control Exemption—SMS Rail Lines of New York, LLC Jeffrey L. Sutch (applicant) has filed a verified notice of exemption to continue in control of SMS Rail Lines of New York, LLC (SMSNY), upon SMSNY’s Paper Comments becoming a Class III rail carrier. The transaction was scheduled to be • Send paper comments in triplicate consummated on or after September 8, to Nancy M. Morris, Secretary, 2006. Securities and Exchange Commission, This transaction is related to the 100 F Street, NE., Washington, DC concurrently filed verified notice of 20549–1090. exemption in STB Finance Docket No. All submissions should refer to File 34928, SMS Rail Lines of New York, Number SR–SCCP–2006–02. This file LLC—Acquisition and Operation number should be included on the Exemption—Northeastern Industrial subject line if e-mail is used. To help the Park, Inc. In that proceeding, SMSNY Commission process and review your seeks to acquire by lease from comments more efficiently, please use Northeastern Industrial Park, Inc., and only one method. The Commission will to operate approximately 15 miles of rail post all comments on the Commission’s line in Albany County, NY. Internet Web site (https://www.sec.gov/ Applicant is a noncarrier that rules/sro.shtml). Copies of the currently controls SMS Rail Service, submission, all subsequent Inc. (SMSRS), a Class III rail carrier. amendments, all written statements Applicant states that: (1) The rail lines with respect to the proposed rule operated by SMSRS do not connect with change that are filed with the the rail line being acquired by lease and Commission, and all written operated by SMSNY; (2) the communications relating to the continuance in control is not part of a proposed rule change between the series of anticipated transactions that Commission and any person, other than would connect the rail line being those that may be withheld from the acquired by lease and operated by public in accordance with the SMSNY with applicant’s rail lines or provisions of 5 U.S.C. 552, will be with those of any other railroad within available for inspection and copying in applicant’s corporate family; and (3) the the Commission’s Public Reference transaction does not involve a Class I Section, 100 F Street, NE., Washington, rail carrier. Therefore, the transaction is DC 20549. Copies of such filing also will exempt from the prior approval be available for inspection and copying requirements of 49 U.S.C. 11323. See 49 at the principal office of SCCP and on CFR 1180.2(d)(2). The purpose of the SCCP’s Web site at https:// transaction is to allow applicant to www.phlx.com/SCCP/ continue in control of SMSNY after memindex_sccpproposals.html. All SMSNY becomes a Class III rail carrier. comments received will be posted Under 49 U.S.C. 10502(g), the Board without change; the Commission does may not use its exemption authority to not edit personal identifying relieve a rail carrier of its statutory information from submissions. You obligation to protect the interests of its should submit only information that employees. Section 11326(c), however, you wish to make available publicly. All does not provide for labor protection for submissions should refer to File transactions under section 11324 and Number SR–SCCP–2006–02 and should 11325 that involve only Class III rail be submitted on or before October 20, 2006. 9 17 CFR 200.30–3(a)(12). PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\29SEN1.SGM 29SEN1 57600 Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Notices 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. 34929, 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 Fritz R. Kahn, Fritz R. Kahn, PC, 1920 N St., NW., Eighth Floor, Washington, DC 20036–1601. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: September 22, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–16037 Filed 9–28–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Surface Transportation Board Surface Transportation Board Release of Waybill Data Release of Waybill Data The Surface Transportation Board has received a request from Mayer, Brown, Rowe & Maw on behalf of The BNSF Railway Company (BNSF) (WB461–13– 8/31/2006) for permission to use certain data from the Board’s Carload Waybill Samples. A copy of this request may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Mac Frampton, (202) 565– 1541. The Surface Transportation Board has received a request from Schmeltzer, Aptaker & Shepard, P.C. on behalf of Trinity Industries, Inc. (WB605–2—7/ 28/2006) for permission to use certain data from the Board’s 2005 Carload Waybill Sample. A copy of the requests may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Mac Frampton, (202) 565– 1541. Vernon A. Williams, Secretary. [FR Doc. E6–16039 Filed 9–28–06; 8:45 am] Vernon A. Williams, Secretary. [FR Doc. E6–16042 Filed 9–28–06; 8:45 am] BILLING CODE 4915–01–P BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Surface Transportation Board Surface Transportation Board jlentini on PROD1PC65 with NOTICES Release of Waybill Data The Surface Transportation Board has received a request from Baker & Miller, on behalf of the University of Denver’s Intermodal Transportation Institute (WB981–7/28/06), for permission to use certain data from the Board’s 1987–2005 Carload Waybill Samples. A copy of this request may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Mac Frampton, (202) 565– 1541. [STB Finance Docket No. 34924] The Surface Transportation Board has received a request from Michael Behe representing FRN, LLC (WB604–4—7/6/ 06) for permission to use certain data from the Board’s 2005 Carload Waybill Sample. A copy of this request may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Mac Frampton, (202) 565– 1541. Black Hills Transportation, Inc., d/b/a Deadwood, Black Hills & Western Railroad—Modified Rail Certificate Vernon A. Williams, Secretary. [FR Doc. E6–16041 Filed 9–28–06; 8:45 am] BILLING CODE 4915–01–P BILLING CODE 4915–01–P 20:43 Sep 28, 2006 Jkt 208001 Surface Transportation Board Release of Waybill Data Vernon A. Williams, Secretary. [FR Doc. E6–16038 Filed 9–28–06; 8:45 am] VerDate Aug<31>2005 DEPARTMENT OF TRANSPORTATION PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 On August 30, 2006, Black Hills Transportation, Inc., d/b/a Deadwood, Black Hills & Western Railroad (DBHWR), filed a notice for a modified certificate of public convenience and necessity under 49 CFR 1150, Subpart C, Modified Certificate of Public Convenience and Necessity, to operate approximately 9.01 miles of rail line extending from milepost 0.0, at Whitewood, to milepost 9.01, at Deadwood, in Lawrence County, SD. The line was formerly a portion of the Chicago & North Western Railway Company and was authorized for abandonment by the Interstate Commerce Commission in Chicago & North Western Railway Co.— Abandonment—Lawrence County, SD, Finance Docket No. 26079 (ICC served May 20, 1970). Although authorized for abandonment, the line was subsequently acquired by the State of South Dakota and ownership was E:\FR\FM\29SEN1.SGM 29SEN1

Agencies

[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Notices]
[Pages 57599-57600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16037]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34929]


Jeffrey L. Sutch--Continuance in Control Exemption--SMS Rail 
Lines of New York, LLC

    Jeffrey L. Sutch (applicant) has filed a verified notice of 
exemption to continue in control of SMS Rail Lines of New York, LLC 
(SMSNY), upon SMSNY's becoming a Class III rail carrier.
    The transaction was scheduled to be consummated on or after 
September 8, 2006.
    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 34928, SMS Rail Lines of 
New York, LLC--Acquisition and Operation Exemption--Northeastern 
Industrial Park, Inc. In that proceeding, SMSNY seeks to acquire by 
lease from Northeastern Industrial Park, Inc., and to operate 
approximately 15 miles of rail line in Albany County, NY.
    Applicant is a noncarrier that currently controls SMS Rail Service, 
Inc. (SMSRS), a Class III rail carrier.
    Applicant states that: (1) The rail lines operated by SMSRS do not 
connect with the rail line being acquired by lease and operated by 
SMSNY; (2) the continuance in control is not part of a series of 
anticipated transactions that would connect the rail line being 
acquired by lease and operated by SMSNY with applicant's rail lines or 
with those of any other railroad within applicant's corporate family; 
and (3) the transaction does not involve a Class I rail carrier. 
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 allow applicant to continue in control of 
SMSNY after SMSNY becomes a Class III rail carrier.
    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 section 11324 
and 11325 that involve only Class III rail

[[Page 57600]]

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. 34929, 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 Fritz R. Kahn, Fritz R. Kahn, 
PC, 1920 N St., NW., Eighth Floor, Washington, DC 20036-1601.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: September 22, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-16037 Filed 9-28-06; 8:45 am]
BILLING CODE 4915-01-P

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