Transtar, Inc.-Control Exemption-Texas and Northern Railway Company, 44607 [E7-15289]

Download as PDF Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices and follow the instructions for sending your comments electronically. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Docket: To read background documents or comments received, go to http://dms.dot.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–19478). FOR FURTHER INFORMATION CONTACT: Tyneka Thomas (202) 267–7626 or Frances Shaver (202) 267–9681, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. sroberts on PROD1PC70 with NOTICES Pamela Hamilton-Powell, Director, Office of Rulemaking. Petitions for Exemption Docket No.: FAA–2007–28785. Petitioner: United Parcel Service. Section of 14 CFR Affected: 14 CFR 91.171. Description of Relief Sought: United Parcel Service Company (UPS) is seeking relief from § 91.171 to the extent necessary to allow UPS to conduct domestic and international operations with its Boeing–747–400F and similarly equipped airplanes that have been subject to Maintenance Steering Group (MSG–3) analysis, by employing an approved alternative means of verifying very high frequency omnidirectional VerDate Aug<31>2005 19:14 Aug 07, 2007 Jkt 211001 range (VOR) equipment operating compliance. [FR Doc. E7–15388 Filed 8–7–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35070] Transtar, Inc.—Control Exemption— Texas and Northern Railway Company Transtar, Inc. (Transtar), a noncarrier, has filed a verified notice of exemption to control Texas & Northern Railway Company (T&NR), a Class III rail carrier, as a result of Transtar’s acquisition of all of T&NR’s issued and outstanding stock (except certain qualifying shares) 1 from a subsidiary of Transtar’s parent, United States Steel Corporation (USS). The transaction will be consummated on or after August 22, 2007. USS, a noncarrier, owns all of the issued and outstanding stock of Transtar, which is a noncarrier holding company. Transtar in turn owns all of the issued and outstanding stock of one Class II carrier, the Elgin, Joliet and Eastern Railway Company, and the following five Class III carriers: Birmingham Southern Railroad Company; Delray Connecting Railroad Company; The Lake Terminal Railroad Company; McKeesport Connecting Railroad Company; and Union Railroad Company (collectively, the Transtar Railroads). USS acquired control of T&NR pursuant to a notice of exemption in United States Steel Corporation— Acquisition of Control Exemption— Texas & Northern Railway Company, STB Finance Docket No. 35027 (STB served May 25, 2007).2 Transtar now seeks to acquire control of T&NR to consolidate all of the USS railroad subsidiaries under the mantle of Transtar. T&NR operates approximately 7.6 miles of main line track in Texas, extending from the former Lone Star Steel Company, LP facility at Lonestar, TX, and connecting with the Kansas City Southern Railway Company at the far north point of the Veals Yard. T&NR owns the Veals Yard and 32 miles of storage track. USS will cause its indirect subsidiary, LSS, to convey all of the 1 Transtar will acquire 99.9% of the issued and outstanding stock of T&NR, with the balance of the stock, one qualifying share held by each of two directors of T&NR, as required by Texas law. 2 USS entered into an agreement and plan of merger with Lone Star Technologies, Inc. (LST) pursuant to which USS would acquire certain of the subsidiaries of LST, including Lone Star Steel Company, LP (LSS). T&NR is a wholly owned subsidiary of LSS. The USS and LST transaction was consummated on June 14, 2007. PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 44607 issued and outstanding stock of T&NR, except the qualifying shares, to Transtar. Transtar represents and warrants that: (i) T&NR does not connect with any of the Transtar Railroads; (ii) the acquisition of control is not part of a series of anticipated transactions that would connect T&NR with any of the railroads in the Transtar corporate family; and (iii) the transaction does not involve a Class I carrier. Transtar also represents and warrants that the transaction will not result in: (i) Any adverse changes in service levels to the public; (ii) significant operational changes; or (iii) changes in the competitive balance with carriers outside the corporate family. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2) and (3). 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 interest of its employees. Because the transaction involves the control of one Class II and one or more Class III carriers, the exemption is subject to the labor protection requirements of 49 U.S.C. 11326(b). If the notice contains false or misleading information, the exemption is void ab initio. Petition 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. Any petition to revoke must be filed on or before August 15, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35070, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, a copy of all pleadings must be served on A. Bradley Cramer, Jr., United States Steel Corporation, 600 Grant Street, Room 1500, Pittsburgh, PA 15219–2800; and John A. Vuono, Vuono & Gray, LLC, 310 Grant Street, Suite 2310, Pittsburgh, PA 15219. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 1, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–15289 Filed 8–7–07; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Notices]
[Page 44607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15289]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35070]


Transtar, Inc.--Control Exemption--Texas and Northern Railway 
Company

    Transtar, Inc. (Transtar), a noncarrier, has filed a verified 
notice of exemption to control Texas & Northern Railway Company (T&NR), 
a Class III rail carrier, as a result of Transtar's acquisition of all 
of T&NR's issued and outstanding stock (except certain qualifying 
shares) \1\ from a subsidiary of Transtar's parent, United States Steel 
Corporation (USS).
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    \1\ Transtar will acquire 99.9% of the issued and outstanding 
stock of T&NR, with the balance of the stock, one qualifying share 
held by each of two directors of T&NR, as required by Texas law.
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    The transaction will be consummated on or after August 22, 2007.
    USS, a noncarrier, owns all of the issued and outstanding stock of 
Transtar, which is a noncarrier holding company. Transtar in turn owns 
all of the issued and outstanding stock of one Class II carrier, the 
Elgin, Joliet and Eastern Railway Company, and the following five Class 
III carriers: Birmingham Southern Railroad Company; Delray Connecting 
Railroad Company; The Lake Terminal Railroad Company; McKeesport 
Connecting Railroad Company; and Union Railroad Company (collectively, 
the Transtar Railroads). USS acquired control of T&NR pursuant to a 
notice of exemption in United States Steel Corporation--Acquisition of 
Control Exemption--Texas & Northern Railway Company, STB Finance Docket 
No. 35027 (STB served May 25, 2007).\2\ Transtar now seeks to acquire 
control of T&NR to consolidate all of the USS railroad subsidiaries 
under the mantle of Transtar. T&NR operates approximately 7.6 miles of 
main line track in Texas, extending from the former Lone Star Steel 
Company, LP facility at Lonestar, TX, and connecting with the Kansas 
City Southern Railway Company at the far north point of the Veals Yard. 
T&NR owns the Veals Yard and 32 miles of storage track. USS will cause 
its indirect subsidiary, LSS, to convey all of the issued and 
outstanding stock of T&NR, except the qualifying shares, to Transtar.
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    \2\ USS entered into an agreement and plan of merger with Lone 
Star Technologies, Inc. (LST) pursuant to which USS would acquire 
certain of the subsidiaries of LST, including Lone Star Steel 
Company, LP (LSS). T&NR is a wholly owned subsidiary of LSS. The USS 
and LST transaction was consummated on June 14, 2007.
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    Transtar represents and warrants that: (i) T&NR does not connect 
with any of the Transtar Railroads; (ii) the acquisition of control is 
not part of a series of anticipated transactions that would connect 
T&NR with any of the railroads in the Transtar corporate family; and 
(iii) the transaction does not involve a Class I carrier. Transtar also 
represents and warrants that the transaction will not result in: (i) 
Any adverse changes in service levels to the public; (ii) significant 
operational changes; or (iii) changes in the competitive balance with 
carriers outside the corporate family. Therefore, the transaction is 
exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 
CFR 1180.2(d)(2) and (3).
    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 interest of its employees. Because the transaction involves 
the control of one Class II and one or more Class III carriers, the 
exemption is subject to the labor protection requirements of 49 U.S.C. 
11326(b).
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petition 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. Any petition to 
revoke must be filed on or before August 15, 2007 (at least 7 days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35070, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of all pleadings must be served on A. Bradley Cramer, Jr., United 
States Steel Corporation, 600 Grant Street, Room 1500, Pittsburgh, PA 
15219-2800; and John A. Vuono, Vuono & Gray, LLC, 310 Grant Street, 
Suite 2310, Pittsburgh, PA 15219.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: August 1, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-15289 Filed 8-7-07; 8:45 am]
BILLING CODE 4915-01-P