Winston-Salem Southbound Railway Company-Corporate Family Transaction Exemption-High Point, Thomasville & Denton Railroad Company, 20033-20034 [2010-8782]

Download as PDF Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Notices Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit https://www.regulations.gov/ search/index.jsp. Authority: 49 CFR 1.66. By Order of the Maritime Administrator. Dated: April 12, 2010. Christine Gurland, Secretary, Maritime Administration. [FR Doc. 2010–8732 Filed 4–15–10; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review Maritime Administration, DOT. Notice and request for comments. AGENCY: WReier-Aviles on DSKGBLS3C1PROD with NOTICES ACTION: SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on December 29, 2009. No comments were received. DATES: Comments must be submitted on or before May 17, 2010. FOR FURTHER INFORMATION CONTACT: Patricia Ann Thomas, Maritime Administration 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone: 202–366–2646; or e-mail: patricia.thomas@dot.gov. Copies of this collection also can be obtained from that office. SUPPLEMENTARY INFORMATION: Maritime Administration (MARAD). Title: Merchant Marine Medals and Awards. OMB Control Number: 2133–0506. Type of Request: Extension of currently approved collection. Affected Public: Masters, officers and crewmembers of U.S. ships. VerDate Nov<24>2008 15:07 Apr 15, 2010 Jkt 220001 Form(s): None. Abstract: This collection of information provides a method of awarding merchant marine medals and decorations to masters, officers, and crew members of U.S. ships in recognition of their service in areas of danger during the operations by the Armed forces of the United States in World War II, Korea, Vietnam, Operation Desert Storm, Operation Enduring Freedom and Operation Iraqi Freedom. Annual Estimated Burden Hours: 700 hours. Addressee: Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention MARAD Desk Officer. Comments Are Invited On: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication. (Authority: 49 CFR 1.66) Issued in Washington, DC, on April 8, 2010. Christine Gurland, Secretary, Maritime Administration. [FR Doc. 2010–8674 Filed 4–15–10; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35338] Winston-Salem Southbound Railway Company—Corporate Family Transaction Exemption—High Point, Thomasville & Denton Railroad Company Winston-Salem Southbound Railway Company (WSSB) and High Point, Thomasville & Denton Railroad Company (HPTD), both Class III rail carriers, have filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a transaction within a corporate family. Applicants state that HPTD will PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 20033 merge into WSSB, with WSSB being the surviving corporate entity. According to applicants, WSSB controls HPTD and owns 100 percent of HPTD’s stock, and Norfolk Southern Railway Company (NSRC) and CSX Transportation, Inc. (CSXT) each owns a 50 percent interest in WSSB.1 The purpose of the transaction is to simplify the corporate structure of the carriers and to thereby reduce their costs. The exemption will be effective on May 1, 2010. 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 corporate family. 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 is employees. Section 11326(c), however, does not provide for labor protection for transactions under §§ 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 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 will be due no later than April 23, 2010 (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. 35338 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, Louis E. Gitomer, 600 Baltimore Ave., Suite 301, Towson, MD 21204, and John V. Edwards, Three Commercial Place, Norfolk, VA 23510. 1 Both WSSB and HPTD are operated as switching carriers for the owners of WSSB—NSRC and CSXT. WSSB owns 88 miles of main line from WinstonSalem, NC to Wadesboro, NC, and connects with: (a) NSRC at Winston-Salem, Whitney, and Lexington, NC, (b) CSXT at Wadesboro, (c) HPTD at High Rock, NC, and (d) Aberdeen, Carolina & Western Railway (ACWR) at Norwood, NC. HPTD owns 34 miles of main line from High Point, NC to High Rock and connects with: (a) WSSB at High Rock, and (b) NSRC at High Point. Applicants state that the proposed transaction will not affect the connection with ACWR, since only WSSB connects with ACWR today. E:\FR\FM\16APN1.SGM 16APN1 20034 Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Notices Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 13, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. 2010–8782 Filed 4–15–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Over-the-Road Bus Accessibility Program Grants: Corrections AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice; corrections and deadline extension. SUMMARY: This notice corrects dollar thresholds and revenue classifications for large and small intercity fixed-route Class I carriers, and labor protection information, among other things, published in the January 15, 2010 Federal Transit Administration (FTA) Notice titled ‘‘Over-the-Road Bus Accessibility Program Grants,’’ extends the application deadline, and allows applicants to submit a single application for Fiscal Year (FY) 2009 and FY 2010 funding. FOR FURTHER INFORMATION: Contact the appropriate FTA Regional Office (Appendix A) or Blenda Younger, Office of Program Management, (202) 366– 2053. WReier-Aviles on DSKGBLS3C1PROD with NOTICES Corrections On page 2584, in the second column, the text following ‘‘D. Vehicle and Service Definitions:’’ is revised to read: ‘‘The application includes six criteria factors that will be reviewed to determine eligibility for a portion of the funding available to operators that qualify under this definition.’’ On page 2584, in the third column, the text following 1. Eligible Applicants: is revised to read: ‘‘Intercity, fixed-route OTRB service providers may apply for the funds that were appropriated for intercity fixed-route providers in FY 2009 and FY 2010.’’ On page 2585, in the second column, the text following ‘‘Application Content,’’ is revised to read, ‘‘For fixedroute carriers, whether you are a large (Class I, with gross annual transportation revenues of $8.6 million or more) or small (gross transportation revenues of less than $8.6 million annually) carrier.’’ On page 2586, in the first column, the text following III. Labor Information: is revised to read: ‘‘The Applicant agrees to comply with the terms and conditions of the Special Warranty for the Overthe-Road Bus Accessibility Program that is most current as of the date of execution of the Grant Agreement or Cooperative Agreement for the project, and any alternative comparable arrangements specified by U.S. DOL for application to the Applicant’s project, in accordance with U.S. DOL guidelines, ‘‘Section 5333(b), Federal Transit Law,’’ 29 CFR part 215, and any revisions thereto. Any U.S. DOL Special Warranty that may be provided and any documents cited therein are incorporated by reference and made part of the Grant Agreement.’’ Additional information regarding grants that require referral can be found on DOL’s Web site: https:// www.dol.gov/esa/olms/regs/ compliance/redesign_2006/ redesign2006_transitemplprotect.htm. On page 2586, in the second column, the text following ‘‘Note:’’ is revised to read: ‘‘Applicants will not be considered for funding as intercity fixed-route operators unless they satisfy, at a minimum, the first two criteria and at least one of criteria three through six listed in the Project Information section of the application; these criteria are applicable to intercity fixed-route applicants.’’ On page 2587, in the first, second, and third columns, the text following ‘‘C. Labor Protection:’’ is revised to read: ‘‘Section 3013(h) of SAFETEA–LU amended 49 U.S.C. Section 5311(j)(1) to permit the Secretary of Labor to utilize a special warranty that provides a fair and equitable arrangement to protect the interest of employees as set forth in 49 U.S.C. 5333(b). Pursuant to this authorization, the Department of Labor (DOL) amended its implementing regulations at 29 CFR part 215 (73 FR 47046, Aug. 13, 2008). On October 1, 2008, DOL began using a revised special warranty for the Section 5311 program which is appropriate for use with OTRB grants. All OTRB grants awarded after October 1, 2008 will be subject to the special warranty for labor protective arrangements under the Section 5311 program, which will be incorporated by reference in the grant agreement.’’ On page 2588, in the first column, the text following ‘‘E. Standard Assurances’’ on page 2587: is revised to read: ‘‘Certifications and Assurances for grants to be awarded under this program in FY 2009 are included in the FTA Certifications and Assurances for FY 2010 which were published in the Federal Register of October 19, 2009, and made available for electronic signature in FTA’s grants system.’’ On page 2588, in the second column, the text following ‘‘E. Intercity FixedRoute Carriers:’’ is revised to read: ‘‘Large/Class I (gross annual transportation revenues of $8.6 million or more). Small (gross annual transportation revenues of less than $8.6 million).’’ This Notice also extends the application deadline to May 10, 2010. FTA may use additional discretionary funding made available in FY 2010 for allocation under the OTRB program. Therefore applicants may apply for FY 2009 and FY 2010 funds in a single application. Issued in Washington, DC, this 12th day of April 2010. Peter Rogoff, Administrator. Appendix A FTA Regional and Metropolitan Offices Richard H. Doyle, Regional Administrator, Region 1-Boston, Kendall Square, 55 Broadway, Suite 920, Cambridge, MA 02142–1093, Tel. 617–494–2055. States served: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Robert C. Patrick, Regional Administrator, Region 6-Ft. Worth, 819 Taylor Street, Room 8A36, Ft. Worth, TX 76102, Tel. 817–978–0550. Brigid Hynes-Cherin, Regional Administrator, Region 2-New York, One Bowling Green, Room 429, New York, NY 10004–1415, Tel. 212– 668–2170. States served: New Jersey, New York. New York Metropolitan Office, Region 2-New York, One Bowling Green, Room 428, New York, NY 10004–1415, Tel. 212–668–2202. Mokhtee Ahmad, Regional Administrator, Region 7-Kansas City, MO, 901 Locust Street, Room 404, Kansas City, MO 64106, Tel. 816– 329–3920. States served: Iowa, Kansas, Missouri, and Nebraska. VerDate Nov<24>2008 15:07 Apr 15, 2010 Jkt 220001 PO 00000 Frm 00099 Fmt 4703 States served: Arkansas, Louisiana, Oklahoma, New Mexico and Texas. Sfmt 4703 E:\FR\FM\16APN1.SGM 16APN1

Agencies

[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Pages 20033-20034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8782]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35338]


Winston-Salem Southbound Railway Company--Corporate Family 
Transaction Exemption--High Point, Thomasville & Denton Railroad 
Company

    Winston-Salem Southbound Railway Company (WSSB) and High Point, 
Thomasville & Denton Railroad Company (HPTD), both Class III rail 
carriers, have filed a verified notice of exemption under 49 CFR 
1180.2(d)(3) for a transaction within a corporate family. Applicants 
state that HPTD will merge into WSSB, with WSSB being the surviving 
corporate entity. According to applicants, WSSB controls HPTD and owns 
100 percent of HPTD's stock, and Norfolk Southern Railway Company 
(NSRC) and CSX Transportation, Inc. (CSXT) each owns a 50 percent 
interest in WSSB.\1\ The purpose of the transaction is to simplify the 
corporate structure of the carriers and to thereby reduce their costs.
---------------------------------------------------------------------------

    \1\ Both WSSB and HPTD are operated as switching carriers for 
the owners of WSSB--NSRC and CSXT. WSSB owns 88 miles of main line 
from Winston-Salem, NC to Wadesboro, NC, and connects with: (a) NSRC 
at Winston-Salem, Whitney, and Lexington, NC, (b) CSXT at Wadesboro, 
(c) HPTD at High Rock, NC, and (d) Aberdeen, Carolina & Western 
Railway (ACWR) at Norwood, NC. HPTD owns 34 miles of main line from 
High Point, NC to High Rock and connects with: (a) WSSB at High 
Rock, and (b) NSRC at High Point. Applicants state that the proposed 
transaction will not affect the connection with ACWR, since only 
WSSB connects with ACWR today.
---------------------------------------------------------------------------

    The exemption will be effective on May 1, 2010.
    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 corporate family.
    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 is employees. Section 11326(c), however, does 
not provide for labor protection for transactions under Sec. Sec.  
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 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 
will be due no later than April 23, 2010 (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. 35338 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, 
Louis E. Gitomer, 600 Baltimore Ave., Suite 301, Towson, MD 21204, and 
John V. Edwards, Three Commercial Place, Norfolk, VA 23510.

[[Page 20034]]

    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: April 13, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-8782 Filed 4-15-10; 8:45 am]
BILLING CODE 4915-01-P

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