Motor Carrier Safety Advisory Committee Report, 49068 [E9-23200]
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49068
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices
[FR Doc. E9–22890 Filed 9–24–09; 8:45 am]
BILLING CODE 4909–60–M
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35292]
Pinsly Railroad Company—Control
Exemption—The Prescott and
Northwestern Railroad Company
Pinsly Railroad Company (PRC), a
noncarrier, has filed a verified notice of
exemption to obtain control of The
Prescott and Northwestern Railroad
Company (PNW), a Class III rail carrier,
through the purchase of all PNW’s stock
from Potlatch Land & Lumber, LLC
(PLL).1 PRC currently controls five Class
III railroads: Pioneer Valley Railroad
Company, Inc. (PVR), which operates in
Massachusetts; Florida Central Railroad
Company, Inc. (FCR), Florida Midland
Railroad Company, Inc. (FMR), and
Florida Northern Railroad Company,
Inc. (FNR), each of which operates in
Florida; and Arkansas Midland Railroad
Company, Inc. (AKMD), which operates
in Arkansas. PRC states that it executed
a Stock Purchase Agreement with PLL
on September 4, 2009, to acquire all of
PNW’s stock and assume control of
PNW.2
The transaction is scheduled to be
consummated simultaneously with the
transaction filed in STB Finance Docket
No. 35293 no later than December 31,
2009, unless the transaction in STB
Finance Docket No. 35293 is not
finalized by that date. In that event, this
transaction will be consummated
separately on or after the date that this
notice becomes effective (which will
occur on October 9, 2009).
Applicant states that: (i) The rail line
involved in this transaction does not
connect with any rail lines of the PVR,
FCR, FMR, FNR, AKMD or any other
railroad now controlled by applicant;
(ii) the acquisition of control of PNW is
not part of a series of anticipated
transactions that would connect any of
the railroads with each other or with
any railroad in their corporate family;
and (iii) this transaction does not
involve a Class I rail carrier. Therefore,
jlentini on DSKJ8SOYB1PROD with NOTICES
1 PRC
has also concurrently filed a motion for
protective order pursuant to 49 CFR 1104.14(b) to
allow PRC to file the unredacted Stock Purchase
Agreement under seal. That motion will be
addressed in a separate decision.
2 The Stock Purchase Agreement also covers
PRC’s acquisition of another Class III rail line. For
that acquisition, PRC has filed a verified petition for
exemption in Pinsly Railroad Company–Control
Exemption–Warren & Saline River Railroad
Company, STB Finance Docket No. 35293. The
petition will be addressed in a separate decision.
VerDate Nov<24>2008
20:52 Sep 24, 2009
Jkt 217001
the transaction is exempt from the prior
approval requirements of 49 U.S.C.
11323. See 49 CFR 1180.2(d)(2).
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
impose labor protective conditions here,
because all 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 effectiveness of
the exemption. Petitions for stay must
be filed no later than October 2, 2009 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35292, 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 Thomas J.
Litwiler, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 920, Chicago,
IL 60606–2832.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: September 22, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–23191 Filed 9–24–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–26367]
Motor Carrier Safety Advisory
Committee Report
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Motor Carrier Safety
Advisory Committee Report.
The FMCSA announces that
its Motor Carrier Safety Advisory
Committee (MCSAC) issued a report to
the Agency on September 2, 2009,
concerning Task 09–03 regarding
improving the existing processes,
SUMMARY:
PO 00000
Frm 00168
Fmt 4703
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procedures, and requirements for
ensuring that new entrant motor carriers
are knowledgeable about Federal safety
regulations prior to beginning
operations in interstate commerce.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeffrey Miller, Chief, Strategic Planning
and Program Evaluation Division, Office
of Policy Plans and Regulation, Federal
Motor Carrier Safety Administration,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590, (202) 366–1258,
mcsac@dot.gov.
On May
20, 2009, the MCSAC unanimously
accepted Task 09–03: Provide advice to
FMCSA on approaches that could be
implemented to improve the existing
processes, procedures, and requirements
for ensuring that new entrant motor
carriers are knowledgeable about
Federal motor carrier safety mandates
prior to beginning operations in
interstate commerce. The MCSAC
established a workgroup to address the
task. The workgroup met in person from
August 31, 2009, through September 2,
2009. On September 2, 2009, the
workgroup presented its report to
MCSAC for review and approval. The
MCSAC unanimously approved the
report on September 2, 2009. The report
provides advice to FMCSA on
approaches or strategies the Agency
should consider for ensuring that new
entrant motor carriers are
knowledgeable about the Federal Motor
Carrier Safety Regulations and
Hazardous Materials Regulations, and
have the ability to implement and
maintain safety management controls
and a safety culture in the workplace to
achieve full compliance with the
regulations and minimize the risks of
crashes. The report was submitted to
FMCSA on September 2, 2009, and can
be viewed at the MCSAC Web site at
https://mcsac.fmcsa.dot.gov. The report
has also been posted to the rulemaking
docket FMCSA 2001–11061, concerning
FMCSA’s August 25, 2009, Advance
Notice of Proposed Rulemaking which
requests public comment on the
methods the Agency should consider
implementing to assure that new
applicant carriers are knowledgeable
about Federal safety regulations prior to
beginning operations in interstate
commerce.
SUPPLEMENTARY INFORMATION:
Issued on: September 17, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–23200 Filed 9–24–09; 8:45 am]
BILLING CODE 4910–EX–P
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Agencies
[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Notices]
[Page 49068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23200]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-26367]
Motor Carrier Safety Advisory Committee Report
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of Motor Carrier Safety Advisory Committee Report.
-----------------------------------------------------------------------
SUMMARY: The FMCSA announces that its Motor Carrier Safety Advisory
Committee (MCSAC) issued a report to the Agency on September 2, 2009,
concerning Task 09-03 regarding improving the existing processes,
procedures, and requirements for ensuring that new entrant motor
carriers are knowledgeable about Federal safety regulations prior to
beginning operations in interstate commerce.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Miller, Chief, Strategic
Planning and Program Evaluation Division, Office of Policy Plans and
Regulation, Federal Motor Carrier Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590, (202) 366-1258, mcsac@dot.gov.
SUPPLEMENTARY INFORMATION: On May 20, 2009, the MCSAC unanimously
accepted Task 09-03: Provide advice to FMCSA on approaches that could
be implemented to improve the existing processes, procedures, and
requirements for ensuring that new entrant motor carriers are
knowledgeable about Federal motor carrier safety mandates prior to
beginning operations in interstate commerce. The MCSAC established a
workgroup to address the task. The workgroup met in person from August
31, 2009, through September 2, 2009. On September 2, 2009, the
workgroup presented its report to MCSAC for review and approval. The
MCSAC unanimously approved the report on September 2, 2009. The report
provides advice to FMCSA on approaches or strategies the Agency should
consider for ensuring that new entrant motor carriers are knowledgeable
about the Federal Motor Carrier Safety Regulations and Hazardous
Materials Regulations, and have the ability to implement and maintain
safety management controls and a safety culture in the workplace to
achieve full compliance with the regulations and minimize the risks of
crashes. The report was submitted to FMCSA on September 2, 2009, and
can be viewed at the MCSAC Web site at https://mcsac.fmcsa.dot.gov. The
report has also been posted to the rulemaking docket FMCSA 2001-11061,
concerning FMCSA's August 25, 2009, Advance Notice of Proposed
Rulemaking which requests public comment on the methods the Agency
should consider implementing to assure that new applicant carriers are
knowledgeable about Federal safety regulations prior to beginning
operations in interstate commerce.
Issued on: September 17, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-23200 Filed 9-24-09; 8:45 am]
BILLING CODE 4910-EX-P