Koch Industries, Inc.-Continuance in Control Exemption-KM Railways, LLC, 63817 [E9-28951]

Download as PDF Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices Counsel, (202) 366–4928, or via e-mail at michael.harkins@dot.gov. Office hours for the FHWA are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document may be downloaded from the Federal Register’s home page at: https:// www.archives.gov and the Government Printing Office’s database at: https:// www.access.gpo.gov/nara. mstockstill on DSKH9S0YB1PROD with NOTICES Background The FHWA’s Buy America policy in 23 CFR 635.410 requires a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of the Buy America requirements when the application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not sufficiently available. This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate for the purchase and use of roof tiles made of 40/45 KSI #2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411 in Oregon State. In accordance with Division K, section 130 of the Consolidated Appropriations Act, 2008 (Pub. L. 110– 161), the FHWA published a notice of intent to issue a waiver on its web site for the roof tiles made of 40/45 KSI #2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411 (https:// www.fhwa.dot.gov/construction/ contracts/waivers.cfm?id=39) on October 22. The FHWA received no comments in response to the roof tiles made of 40/45 KSI #2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411, which suggests that the roof tiles made of 40/45 KSI #2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411 may not be available domestically. During the 15-day comment period, the FHWA conducted an additional nationwide review to locate potential domestic manufacturers for the roof tiles made of 40/45 KSI #2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411. Based on all of the information available to the agency, the FHWA concludes that there are no domestic manufacturers for the roof tiles made of 40/45 KSI #2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411. Thus, the FHWA concludes that a Buy America waiver is VerDate Nov<24>2008 17:26 Dec 03, 2009 Jkt 220001 appropriate pursuant to 23 CFR 635.410(c)(1). In accordance with the provisions of section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat.1572), the FHWA is providing this notice as its finding that a waiver of the Buy America requirements is appropriate. The FHWA invites public comment on this finding for an additional 15 days following the effective date of this notice. Comments may be submitted to the FHWA’s web site via the link provided to the Oregon waiver page noted above. Authority: 23 U.S.C. 313; Public Law 110– 161, 23 CFR 635.410) Issued on: November 27, 2009. Dwight A. Horne, Director, Office of Program Administration. [FR Doc. E9–28952 Filed 12–3–09; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35320] Koch Industries, Inc.—Continuance in Control Exemption—KM Railways, LLC Koch Industries, Inc. (Koch), a noncarrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of KM Railways, LLC (KMR), upon KMR becoming a Class III rail carrier.1 This transaction is related to the concurrently filed verified notices of exemption in: (1) STB Finance Docket No. 35321, KM Railways, LLC— Acquisition Exemption—Old Augusta Railroad, LLC, in which KMR seeks to acquire the assets of Old Augusta Railroad, LLC (OAR), including the track that constitutes the rail line owned by OAR between New Augusta (Station No. FSAC 10) and Augusta (Station No. FSAC 20), a distance of approximately 2.5 miles in Perry County, MS (the rail line) 2; and (2) STB Finance Docket No. 35319, Old Augusta Railroad, LLC— Lease and Operation Exemption—KM Railways, LLC, in which OAR seeks to lease back, and to operate over, the rail line. The transactions are scheduled to be consummated on or after December 18, 2009 (30 days after the notices of exemption were filed). 1 Koch has also concurrently filed a motion for protective order pursuant to 49 CFR 1104.14(b) to allow Koch to file the unredacted Asset Purchase and Sale Agreement under seal. That motion will be addressed in a separate decision. 2 There are no branch lines and mileposts on the rail line. PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 63817 Koch is a noncarrier that currently controls directly or indirectly 3 Class III rail carriers in the states of Mississippi, Kansas, and Texas: OAR, Blue Rapids Railway Company, LLC, and Moscow Camden and San Augustine Railroad, LLC. Koch states that: (1) The rail line whose assets are to be acquired does not connect with the lines of any other railroad controlled by Koch; (2) the continuance in control is not part of a series of anticipated transactions that would connect the rail line with any railroads controlled by Koch; and (3) the transaction does not involve a Class I railroad. Therefore, 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 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 effectiveness of the exemption. Petitions for stay must be filed no later than December 11, 2009 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35320, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, a copy must be served on David H. Coburn, Steptoe & Johnson LLP, 1330 Connecticut Avenue, NW., Washington, DC 20036. Board decisions and notices are available on our Web site at ‘‘https:// www.stb.dot.gov.’’ Decided: November 30, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–28951 Filed 12–3–09; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\04DEN1.SGM 04DEN1

Agencies

[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Page 63817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28951]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35320]


Koch Industries, Inc.--Continuance in Control Exemption--KM 
Railways, LLC

    Koch Industries, Inc. (Koch), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of 
KM Railways, LLC (KMR), upon KMR becoming a Class III rail carrier.\1\
---------------------------------------------------------------------------

    \1\ Koch has also concurrently filed a motion for protective 
order pursuant to 49 CFR 1104.14(b) to allow Koch to file the 
unredacted Asset Purchase and Sale Agreement under seal. That motion 
will be addressed in a separate decision.
---------------------------------------------------------------------------

    This transaction is related to the concurrently filed verified 
notices of exemption in: (1) STB Finance Docket No. 35321, KM Railways, 
LLC--Acquisition Exemption--Old Augusta Railroad, LLC, in which KMR 
seeks to acquire the assets of Old Augusta Railroad, LLC (OAR), 
including the track that constitutes the rail line owned by OAR between 
New Augusta (Station No. FSAC 10) and Augusta (Station No. FSAC 20), a 
distance of approximately 2.5 miles in Perry County, MS (the rail line) 
\2\; and (2) STB Finance Docket No. 35319, Old Augusta Railroad, LLC--
Lease and Operation Exemption--KM Railways, LLC, in which OAR seeks to 
lease back, and to operate over, the rail line.
---------------------------------------------------------------------------

    \2\ There are no branch lines and mileposts on the rail line.
---------------------------------------------------------------------------

    The transactions are scheduled to be consummated on or after 
December 18, 2009 (30 days after the notices of exemption were filed).
    Koch is a noncarrier that currently controls directly or indirectly 
3 Class III rail carriers in the states of Mississippi, Kansas, and 
Texas: OAR, Blue Rapids Railway Company, LLC, and Moscow Camden and San 
Augustine Railroad, LLC.
    Koch states that: (1) The rail line whose assets are to be acquired 
does not connect with the lines of any other railroad controlled by 
Koch; (2) the continuance in control is not part of a series of 
anticipated transactions that would connect the rail line with any 
railroads controlled by Koch; and (3) the transaction does not involve 
a Class I railroad. Therefore, 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 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 effectiveness of the 
exemption. Petitions for stay must be filed no later than December 11, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35320, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy must be served on David H. Coburn, Steptoe & Johnson LLP, 1330 
Connecticut Avenue, NW., Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
``https://www.stb.dot.gov.''

    Decided: November 30, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-28951 Filed 12-3-09; 8:45 am]
BILLING CODE 4915-01-P

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