Gabriel D. Hall-Corporate Family Transaction Exemption-U S Rail Holdings, LLC and U S Rail Corporation, 16257-16258 [E9-8060]

Download as PDF Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices dwashington3 on PROD1PC60 with NOTICES Drive Industrial Lead, extending from milepost 92.21, the Shoreline connection, to the end of the line at milepost 89.13, south of Hampton Avenue in the northeast Milwaukee area, in Milwaukee County, WI. The line traverses United States Postal Service Zip Codes 53209, 53211, 53212 and 53217. UP has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a State or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on May 9, 2009, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by April 20, 2009. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by April 29, 2009, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,500. See 49 CFR 1002.2(f)(25). VerDate Nov<24>2008 15:28 Apr 08, 2009 Jkt 217001 A copy of any petition filed with the Board should be sent to UP’s representative: Mack H. Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. UP has filed a combined environmental and historic report addressing the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by April 14, 2009. 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), UP 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 UP’s filing of a notice of consummation by April 9, 2010, 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 http:// www.stb.dot.gov. Decided: April 3, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–8061 Filed 4–8–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35235] Gabriel D. Hall—Corporate Family Transaction Exemption—U S Rail Holdings, LLC and U S Rail Corporation Gabriel D. Hall (Hall), an individual, has filed a verified notice of exemption under 49 CFR 1180.2(d)(3) to exempt PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 16257 from the provisions of 49 U.S.C. 11323 a transaction within the family of business entities in which he owns controlling interests. Hall owns a majority of the issued and outstanding shares of stock of U S Rail Corporation (U S Rail), a Class III carrier with operating authority in Ohio and Indiana. To facilitate financing, Hall has formed a new limited liability company, U S Rail Holdings, LLC (Holdings), in which he owns a majority of the issued and outstanding equity interests, to hold the Indiana leasehold interests. Holdings has entered into a new ten year lease with the owners of the Indiana rail lines. Once the new lease becomes effective, the existing lease between the owners and U S Rail will be terminated, and Holdings will immediately designate U S Rail as the operator of the rail lines, effectively transferring the operating authority back to U S Rail. Holdings will be the non-operating lessee (with residual common carrier obligations) and U S Rail will continue to be the operator of the rail lines. Hall will remain in control of both entities. This transaction is related to the concurrently filed notice of exemption in STB Finance Docket No. 35234, U S Rail Holdings, LLC—Lease and Operation Exemption—Winamac Southern Railway Company and Kokomo Grain Co., Inc. In that proceeding, Holdings seeks an exemption under 49 CFR 1150.31 to lease from Winamac Southern Railway Company and Kokomo Grain Co., Inc. and to operate approximately 58.89 miles of rail lines in Indiana. The purpose of the transaction is to establish a structure conducive for future financing, while keeping all interests within the corporate family of entities controlled by Hall. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). Hall states 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. The transaction is scheduled to be consummated on or after April 23, 2009, the effective date of the exemption (30 days after the exemption was filed). 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 sections 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not E:\FR\FM\09APN1.SGM 09APN1 16258 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices impose labor protective conditions here, because all of the carriers involved are Class III rail carriers. 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 must be filed no later than April 16, 2009 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35235, must be filed with the Surface Transportation Board, 395 E Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Eric M. Hocky, One Commerce Square, 2005 Market Street, Suite 1910, Philadelphia, PA 19103. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 3, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–8060 Filed 4–8–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35234] dwashington3 on PROD1PC60 with NOTICES U S Rail Holdings, LLC—Lease and Operation Exemption—Winamac Southern Railway Company and Kokomo Grain Co., Inc. U S Rail Holdings, LLC (Holdings), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from Winamac Southern Railway Company (WSRY) and Kokomo Grain Co., Inc., and to operate approximately 58.89 miles of rail lines, located in Indiana: (1) The Bringhurst Line, between milepost 50.1 at Bringhurst and milepost 71.5 at Van Jct. (Logansport); (2) the Kokomo Line, between milepost 74.5 at Eighteenth St. Yard (Logansport) and milepost 97.9 at Kokomo; (3) the Kokomo Belt Line, between milepost 0.0 at E. Markland Ave (Kokomo) and milepost 1.5 at Union St. (Kokomo); and (4) the Amboy Line, between milepost 147.07 at Amboy, and milepost 134.48± at Marion.1 1 According to Holdings, it has entered into a new ten year lease agreement with WSRY and Kokomo Grain to cover operation of the rail lines, which are VerDate Nov<24>2008 15:28 Apr 08, 2009 Jkt 217001 This transaction is related to the concurrently filed notice of exemption in STB Finance Docket No. 35235, Gabriel D. Hall—Corporate Family Transaction Exemption—U.S. Rail Holdings, LLC and U S Rail Corporation. In that proceeding, Gabriel D. Hall has filed a notice of exemption under 49 CFR 1180.2(d)(3) to exempt, from the provisions of 49 U.S.C. 11323, a transaction within the family of business entities in which he owns controlling interests. Holdings certifies that its projected annual revenues as a result of the transaction will not result in Holdings becoming a Class II or Class I rail carrier and further certifies that its projected annual revenues will not exceed $5 million. The transaction is expected to be consummated on or after April 23, 2009, the effective date of the exemption (30 days after the exemption was filed). Pursuant to the Consolidated Appropriations Act, 2008, Public Law 110–161, § 193, 121 Stat. 1844 (2007), nothing in this decision authorizes the following activities at any solid waste rail transfer facility: collecting, storing or transferring solid waste outside of its original shipping container; or separating or processing solid waste (including baling, crushing, compacting and shredding). The term ‘‘solid waste’’ is defined in section 1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903. 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 effectiveness of the exemption. Petitions for stay must be filed no later than April 16, 2009 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35234, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on Eric M, Hocky, One Commerce Square, 2005 Market Street, Suite 1910, Philadelphia, PA 19103. currently being operated by U S Rail Corporation (U S Rail), an affiliate. Pursuant to the transaction, the current lease with U S Rail will be terminated and pursuant to the new lease, Holdings has authority to appoint and intends to appoint U S Rail as the operator. Holdings states that it has been established primarily for financing purposes and currently does not intend to operate as a railroad. Holdings acknowledges, however, that in leasing the rail lines it will have a residual common carrier obligation. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 3, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–8074 Filed 4–8–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Departmental Offices; Debt Management Advisory Committee Meeting Notice is hereby given, pursuant to 5 U.S.C. App. 2, § 10(a)(2), that a meeting will be held at the Hay-Adams Hotel, 16th Street and Pennsylvania Avenue, NW., Washington, DC, on April 28, 2009 at 10:30 a.m. of the following debt management advisory committee: Treasury Borrowing Advisory Committee of The Securities Industry and Financial Markets Association. The agenda for the meeting provides for a charge by the Secretary of the Treasury or his designate that the Committee discuss particular issues and conduct a working session. Following the working session, the Committee will present a written report of its recommendations. The meeting will be closed to the public, pursuant to 5 U.S.C. App. 2, § 10(d) and Public Law 103–202, § 202(c)(1)(B) (31 U.S.C. 3121 note). This notice shall constitute my determination, pursuant to the authority placed in heads of agencies by 5 U.S.C. App. 2, § 10(d) and vested in me by Treasury Department Order No. 101–05, that the meeting will consist of discussions and debates of the issues presented to the Committee by the Secretary of the Treasury and the making of recommendations of the Committee to the Secretary, pursuant to Public Law 103–202, § 202(c)(1)(B). Thus, this information is exempt from disclosure under that provision and 5 U.S.C. 552b(c)(3)(B). In addition, the meeting is concerned with information that is exempt from disclosure under 5 U.S.C. 552b(c)(9)(A). The public interest requires that such meetings be closed to the public because the Treasury Department requires frank and full advice from representatives of the financial community prior to making its final decisions on major financing operations. Historically, this advice has been offered by debt management advisory committees established by the several major segments of the financial E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Notices]
[Pages 16257-16258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8060]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35235]


Gabriel D. Hall--Corporate Family Transaction Exemption--U S Rail 
Holdings, LLC and U S Rail Corporation

    Gabriel D. Hall (Hall), an individual, has filed a verified notice 
of exemption under 49 CFR 1180.2(d)(3) to exempt from the provisions of 
49 U.S.C. 11323 a transaction within the family of business entities in 
which he owns controlling interests. Hall owns a majority of the issued 
and outstanding shares of stock of U S Rail Corporation (U S Rail), a 
Class III carrier with operating authority in Ohio and Indiana. To 
facilitate financing, Hall has formed a new limited liability company, 
U S Rail Holdings, LLC (Holdings), in which he owns a majority of the 
issued and outstanding equity interests, to hold the Indiana leasehold 
interests. Holdings has entered into a new ten year lease with the 
owners of the Indiana rail lines. Once the new lease becomes effective, 
the existing lease between the owners and U S Rail will be terminated, 
and Holdings will immediately designate U S Rail as the operator of the 
rail lines, effectively transferring the operating authority back to U 
S Rail. Holdings will be the non-operating lessee (with residual common 
carrier obligations) and U S Rail will continue to be the operator of 
the rail lines. Hall will remain in control of both entities.
    This transaction is related to the concurrently filed notice of 
exemption in STB Finance Docket No. 35234, U S Rail Holdings, LLC--
Lease and Operation Exemption--Winamac Southern Railway Company and 
Kokomo Grain Co., Inc. In that proceeding, Holdings seeks an exemption 
under 49 CFR 1150.31 to lease from Winamac Southern Railway Company and 
Kokomo Grain Co., Inc. and to operate approximately 58.89 miles of rail 
lines in Indiana.
    The purpose of the transaction is to establish a structure 
conducive for future financing, while keeping all interests within the 
corporate family of entities controlled by Hall.
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(3). Hall states 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.
    The transaction is scheduled to be consummated on or after April 
23, 2009, the effective date of the exemption (30 days after the 
exemption was filed).
    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 sections 11324 
and 11325 that involve only Class III rail carriers. Accordingly, the 
Board may not

[[Page 16258]]

impose labor protective conditions here, because all of the carriers 
involved are Class III rail carriers.
    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 
must be filed no later than April 16, 2009 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35235, must be filed with the Surface Transportation 
Board, 395 E Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Eric M. Hocky, One Commerce 
Square, 2005 Market Street, Suite 1910, Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 3, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
 [FR Doc. E9-8060 Filed 4-8-09; 8:45 am]
BILLING CODE 4915-01-P