Kansas City Southern, The Kansas City Southern Railway Company, and The Texas Mexican Railway Company-Exemption for Transactions Within a Corporate Family, 78871-78872 [E8-30381]

Download as PDF Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Notices OFA under 49 CFR 1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 2, 2009.5 Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 12, 2009 with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to NSR’s representative: James R. Paschall, Senior General Attorney, Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA 23510. If the verified notice contains false or misleading information, the exemption is void ab initio. NSR has filed environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by December 24, 2008. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling SEA, at (202) 245–0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by NSR’s filing of a notice of consummation by December 23, 2009, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: December 12, 2008. 4 Effective July 18, 2008, the filing fee for an OFA increased to $1,500. See Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services—2008 Update, STB Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 2008). 5 NSR states that it does not have fee title to the right-of-way underlying the line proposed for abandonment and, therefore, that it will not have a corridor available for public use. VerDate Aug<31>2005 16:29 Dec 22, 2008 Jkt 217001 By the Board, David M. Konschnik, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E8–30146 Filed 12–22–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35163] Kansas City Southern, The Kansas City Southern Railway Company, and The Texas Mexican Railway Company—Exemption for Transactions Within a Corporate Family Kansas City Southern (KCS), The Kansas City Southern Railway Company (KCSR), and The Texas Mexican Railway Company (Tex Mex), have filed a verified notice of exemption for a transaction within a corporate family. The transaction involves: (1) KCSR’s acquisition by lease and operation of Tex Mex’s right-of-way and rail line extending between milepost 2.5 (near Rosenberg, TX) and milepost 87.0 (near Victoria, TX); and (2) the assignment to KCSR of Tex Mex’s overhead trackage rights over certain rail lines of Union Pacific Railroad Company (UP) (a) between mileposts 0.0 and 2.5 (near Rosenberg), and (b) between mileposts 87.0 and 90.8 (near Victoria), along with Tex Mex’s rights to interchange with BNSF Railway Company at Rosenberg.1 KCS is a privately held noncarrier holding company, with both rail and non-rail assets. KCS currently controls 3 rail common carriers: (1) KCSR, a Class I carrier that owns and operates approximately 3,226 miles of rail line in ten states; (2) Gateway Eastern Railway Company, a Class III carrier that owns and operates approximately 17 miles of rail line between East Alton and East St. Louis, IL; and (3) Tex Mex, a Class II carrier that owns approximately 157 miles of rail line between Laredo and Corpus Christi, TX, and approximately 84.5 miles of rail line between Rosenberg and Victoria (including overhead trackage rights over UP’s line between mileposts 0.0 and 2.5 and between mileposts 87.0 and 90.8), and that possesses overhead trackage rights over UP’s rail lines between Beaumont, Houston, and Corpus Christi, TX. The transaction is expected to be consummated on January 7, 2009 (30 days after the exemption was filed). 1 The rail line segment between mileposts 2.5 and 87.0 is owned by Tex Mex, and the segments between mileposts 0.0 and 2.5 and mileposts 87.0 and 90.8 are owned by UP. PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 78871 As a result of this transaction, KCSR will possess sufficient rights to operate and provide service over a contiguous rail line bounded by Kansas City, MO, at the north end and Laredo, TX, at the south end. According to applicants, the transaction will reduce operating costs, improve efficiency, and enable KCSR to provide seamless service over the various parts of its rail system. 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 changes in the competitive balance with carriers outside the KCS corporate family. As a condition to the use of this exemption, any employees adversely affected by the lease and operation will be protected by the conditions set forth in Mendocino Coast Ry., Inc.—Lease and Operate, 354 I.C.C. 732 (1978) and 360 I.C.C. 653 (1980), as clarified in Wilmington Term. RR, Inc.—Pur. and Lease—CSX Transp., Inc., 6 I.C.C.2d 799, 814–26 (1990). Any employees adversely affected by the assignment of trackage rights will be protected by the conditions set forth in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). 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. Petitions for stay will be due no later than December 31, 2008 (at least 7 days before the effective date of the exemption). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35163, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on applicants’ representatives, William A. Mullins, 2401 Pennsylvania Ave., NW., Suite 300, Washington, DC 20037, and W. James Wochner, P.O. Box 219335, Kansas City, MO 64121. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: December 16, 2008. E:\FR\FM\23DEN1.SGM 23DEN1 78872 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Notices By the Board, David M. Konschnik, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E8–30381 Filed 12–22–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request December 18, 2008. The Department of Treasury will submit the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13 on or after the date of publication of this notice. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before January 22, 2009 to be assured of consideration. Financial Management Service (FMS) OMB Number: 1510–0057. Type of Review: Extension. Title: Annual Letters—Certificate of Authority (A) and Admitted Reinsurer (B). Description: The information is collected so that Treasury can make the appropriate determinations as to the renewal of the Certificates of Authority of currently certified companies and the renewal of companies currently recognized by Treasury as Admitted Reinsurers. Included in the package is the Annual Letter to Executive Officers of Surety Companies Reporting to the Treasury (A) and the Annual Letter to Executive Officers of Companies Recognized by the Treasury as Admitted Reinsurers (B). The Secretary of the Treasury has been given authority pursuant to 31 U.S.C. 9304–9308 to certify insurance companies wishing to write or reinsure federal surety bonds. The authority has been further codified at 31 CFR Part 223.9 which specifies guidelines applicable to companies seeking certification while Part 223.12 specifies requirements applicable to companies seeking recognition as an Admitted Reinsurer. VerDate Aug<31>2005 19:32 Dec 22, 2008 Jkt 217001 Respondents: Businesses or other forprofit institutions. Estimated Total Burden Hours: 13,674 hours. Clearance Officer: Wesley Powe, (202) 874–7662, Financial Management Service, Room 135, 3700 East West Highway, Hyattsville, MD 20782. OMB Reviewer: Alexander T. Hunt, (202) 395–7316, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503. Robert B. Dahl, Treasury PRA Clearance Officer. [FR Doc. E8–30522 Filed 12–22–08; 8:45 am] BILLING CODE 4810–35–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0208] Agency Information Collection (Architect—Engineer Fee Proposal) Under OMB Review AGENCY: Veterans Health Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501–21), this notice announces that the Veterans Health Administration (VHA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument. DATES: Comments must be submitted on or before January 22, 2009. ADDRESSES: Submit written comments on the collection of information through www.Regulations.gov; or to VA’s OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503, (202) 395–7316. Please refer to ‘‘OMB Control No. 2900– 0208’’ in any correspondence. For Further Information or a Copy of the Submission Contact: Denise McLamb, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461–7485, FAX (202) 273–0443 or e-mail: denise.mclamb@mail.va.gov. Please refer to ‘‘OMB Control No. 2900–0208.’’ PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Titles: a. Architect—Engineer Fee Proposal, VA Form 10–6298. b. Daily Log (Contract Progress Report—Formal Contract), VA Form 10–6131. Supplement Contract Progress Report, VA Form 10–61001a. OMB Control Number: 2900–0208. Type of Review: Extension of a currently approved collection. Abstracts: a. An Architect-engineering firm selected for negotiation of a contract with VA is required to submit a fee proposal based on the scope and complexity of the project. VA Form 10–6298 is used to obtain such proposal and supporting cost or pricing data from the contractor and subcontractor. b. VA Forms 10–6131 and 10–6001a are used to record data necessary to assure the contractor provides sufficient labor and materials to accomplish the contract work. VA Form 10–6131 is used for national contracts and VA Form 10–6001a is used for smaller VA Medical Center station level projects and as an option on major projects before the interim schedule is submitted. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The Federal Register Notice with a 60-day comment period soliciting comments on this collection of information was published on October 15, 2008 at pages 61194–61195. Affected Public: Business or other forprofit. Estimated Annual Burden: a. VA Form 10–6298—1,000. b. VA Form 10–6131—3,591. c. VA Form 10–6001a—750. Estimated Average Burden per Respondent a. VA Form 10–6298—4 hours. b. VA Form 10–6131—12 minutes. c. VA Form 10–6001a—12 minutes. Frequency of Response: On occasion. Estimated Number of Respondents a. VA Form 10–6298—250. b. VA Form 10–6131—17,955. c. VA Form 10–6001a—3,750. Dated: December 16, 2008. By direction of the Secretary. Denise McLamb, Program Analyst, Enterprise Records Service. [FR Doc. E8–30593 Filed 12–22–08; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78871-78872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30381]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35163]


Kansas City Southern, The Kansas City Southern Railway Company, 
and The Texas Mexican Railway Company--Exemption for Transactions 
Within a Corporate Family

    Kansas City Southern (KCS), The Kansas City Southern Railway 
Company (KCSR), and The Texas Mexican Railway Company (Tex Mex), have 
filed a verified notice of exemption for a transaction within a 
corporate family. The transaction involves: (1) KCSR's acquisition by 
lease and operation of Tex Mex's right-of-way and rail line extending 
between milepost 2.5 (near Rosenberg, TX) and milepost 87.0 (near 
Victoria, TX); and (2) the assignment to KCSR of Tex Mex's overhead 
trackage rights over certain rail lines of Union Pacific Railroad 
Company (UP) (a) between mileposts 0.0 and 2.5 (near Rosenberg), and 
(b) between mileposts 87.0 and 90.8 (near Victoria), along with Tex 
Mex's rights to interchange with BNSF Railway Company at Rosenberg.\1\
---------------------------------------------------------------------------

    \1\ The rail line segment between mileposts 2.5 and 87.0 is 
owned by Tex Mex, and the segments between mileposts 0.0 and 2.5 and 
mileposts 87.0 and 90.8 are owned by UP.
---------------------------------------------------------------------------

    KCS is a privately held noncarrier holding company, with both rail 
and non-rail assets. KCS currently controls 3 rail common carriers: (1) 
KCSR, a Class I carrier that owns and operates approximately 3,226 
miles of rail line in ten states; (2) Gateway Eastern Railway Company, 
a Class III carrier that owns and operates approximately 17 miles of 
rail line between East Alton and East St. Louis, IL; and (3) Tex Mex, a 
Class II carrier that owns approximately 157 miles of rail line between 
Laredo and Corpus Christi, TX, and approximately 84.5 miles of rail 
line between Rosenberg and Victoria (including overhead trackage rights 
over UP's line between mileposts 0.0 and 2.5 and between mileposts 87.0 
and 90.8), and that possesses overhead trackage rights over UP's rail 
lines between Beaumont, Houston, and Corpus Christi, TX.
    The transaction is expected to be consummated on January 7, 2009 
(30 days after the exemption was filed).
    As a result of this transaction, KCSR will possess sufficient 
rights to operate and provide service over a contiguous rail line 
bounded by Kansas City, MO, at the north end and Laredo, TX, at the 
south end. According to applicants, the transaction will reduce 
operating costs, improve efficiency, and enable KCSR to provide 
seamless service over the various parts of its rail system.
    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 changes in the 
competitive balance with carriers outside the KCS corporate family.
    As a condition to the use of this exemption, any employees 
adversely affected by the lease and operation will be protected by the 
conditions set forth in Mendocino Coast Ry., Inc.--Lease and Operate, 
354 I.C.C. 732 (1978) and 360 I.C.C. 653 (1980), as clarified in 
Wilmington Term. RR, Inc.--Pur. and Lease--CSX Transp., Inc., 6 
I.C.C.2d 799, 814-26 (1990). Any employees adversely affected by the 
assignment of trackage rights will be protected by the conditions set 
forth in Norfolk and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 
605 (1978), as modified in Mendocino Coast Ry., Inc.--Lease and 
Operate, 360 I.C.C. 653 (1980).
    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. Petitions for stay 
will be due no later than December 31, 2008 (at least 7 days before the 
effective date of the exemption).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35163, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on applicants' representatives, 
William A. Mullins, 2401 Pennsylvania Ave., NW., Suite 300, Washington, 
DC 20037, and W. James Wochner, P.O. Box 219335, Kansas City, MO 64121.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: December 16, 2008.


[[Page 78872]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E8-30381 Filed 12-22-08; 8:45 am]
BILLING CODE 4915-01-P
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