CSX Transportation, Inc.-Corporate Family Merger Exemption-Gainesville Midland Railroad Company, 47677-47678 [2010-19122]

Download as PDF sroberts on DSKD5P82C1PROD with NOTICES Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer. FOR FURTHER INFORMATION CONTACT: Randolph Atkins, PhD, Office of Behavioral Safety Research, National Highway Traffic Safety Administration, NTI–131, Room W46–500, 1200 New Jersey Ave, SE., Washington, DC 20590. Dr. Atkins’ phone number is 202–366– 5597 and his e-mail address is randolph.atkins@dot.gov. SUPPLEMENTARY INFORMATION: Title: Investigate the Use and Feasibility of Speed Warning Devices. Type of Request: New information collection request—debriefing session follow-up with participants from an earlier on-road instrumented vehicle study. Abstract: Speeding is one of the primary factors leading to vehicle crashes. In 2008, 31% of all fatal crashes were speeding-related. The estimated economic cost to society for speedingrelated crashes is $40.4 billion per year. Driving at higher speeds reduces the ability of drivers to avoid obstacles or react to sudden changes in the roadway environment and increases the severity of crashes. Of particular concern are the habitual speeders and aggressive drivers for whom other countermeasures, such as enforcement, licenses suspensions, and fines, are not effective deterrents. The data collected in this study will provide NHTSA with important information on a countermeasure with the potential to address an especially challenging segment of the driving population that poses an inordinately high safety risk to themselves and other drivers who share the roads with them. In this pilot study, NHTSA will be conducting on-road instrumented vehicle data collection with drivers who have a history of speeding violations to examine the impact of in-vehicle speed warning devices on their driving speed patterns and speeding behavior. Participants will be asked to install a speed warning device for eight weeks. The device will provide data on travel speeds of participants’ vehicles coupled with GPS information that is linked to a database with speed limits for various sections of roads in the study area. After completing their on-road phase of the data collection, participating drivers will be asked to participate in a short debriefing interview while the invehicle warning device is removed from their vehicle. The debriefing sessions will focus on the drivers’ subjective experience regarding the speed warning device—how it affected their driving behavior, any problems experienced with the device, how they interacted with the device, and their opinion of the VerDate Mar<15>2010 16:35 Aug 05, 2010 Jkt 220001 device, as well as feedback on their experience as a participant in the study. This subjective data will be coupled with the data from their actual driving behavior to help NHTSA develop a better understanding of speeding and speeders and the potential acceptance and effectiveness of using speed warning devices as a countermeasure to alter the speeding behavior of habitual speeders. The debriefing sessions are expected to provide data relevant to implementation issues and concerns associated with the device, as well as the key advantages and disadvantages associated with the use of this device as a countermeasure. Affected Public: NHTSA plans to recruit 80 drivers from the Rockville, MD area, with a driving history of at least three speeding violations in the previous five years, through the MVA. The participants will be stratified; with 20 male and 20 female drivers age 18– 29 and 20 male and 20 female drivers age 30 and above. Participation would be voluntary and confidential. Estimated Total Annual Burden: The total estimated annual burden is 40 hours for the debriefing session (80 × 30 minutes per session) while the monitoring device is being removed from their vehicle. The participants would not incur any reporting cost from the information collection and will receive a $150 honorarium for data collection. The participants would not incur any record keeping burden or record keeping cost from the information collection. Comments are invited on the following: (i) 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; (ii) The accuracy of the agency’s estimate of the burden of the proposed information collection; (iii) Ways to enhance the quality, utility, and clarity of the information to be collected; and (iv) 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 most effective if OMB receives it within 30 days of publication. Authority: 44 U.S.C. 3506(c)(2)(A). Issued on: August 3, 2010. Jeff Michael, Associate Administrator, Research and Program Development. [FR Doc. 2010–19352 Filed 8–5–10; 8:45 am] BILLING CODE 4910–59–P PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 47677 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35375] CSX Transportation, Inc.—Corporate Family Merger Exemption—Gainesville Midland Railroad Company CSX Transportation, Inc. (CSXT) and Gainesville Midland Railroad Company (GMRR) have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a corporate family transaction. CSXT is a Class I rail carrier that directly controls and operates GMRR.1 GMRR is a wholly owned subsidiary of CSXT. The transaction involves the merger of GMRR with and into CSXT with CSXT being the surviving corporation. The transaction is scheduled to be consummated on or after August 20, 2010. The purpose of the transaction is to simplify the corporate structure and reduce overhead costs and duplication by eliminating one corporation while retaining the same assets to serve customers. CSXT will obtain certain other savings as a result of this transaction. 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). The parties state 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. 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. As a condition to the use of this exemption, any employees adversely affected by this transaction will be protected by the conditions set forth in New York Dock Railways.— Control—Brooklyn Eastern District Terminal, 360 I.C.C. 60 (1979). 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 August 13, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to FD No. 35375, 1 See CSX Corp.—Control—Chessie and Seaboard C. L. I., 363 I.C.C. 521 (1980) and Seaboard Air-Line R.R.—Control—Gainesville Midland R.R., FD 20296 (ICC decided Mar. 26, 1959), 307 I.C.C. 801, 803. E:\FR\FM\06AUN1.SGM 06AUN1 47678 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices 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 Louis E. Gitomer, Esq., Law Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, Md. 21204. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: July 29, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. 2010–19122 Filed 8–3–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35382] Northern Plains Railroad, Inc.—Lease Exemption—Soo Line Railroad Company sroberts on DSKD5P82C1PROD with NOTICES Under 49 CFR 1011.7(b)(10), the Director of the Office of Proceedings (Director) is delegated the authority to determine whether to issue notices of exemption for lease transactions under 49 U.S.C. 10902. However, the Board reserves to itself the consideration and disposition of all matters involving issues of general transportation importance. 49 CFR 1011.2(a)(6). Accordingly, the Board revokes the delegation to the Director with respect to the issuance of this notice of exemption. The Board determines that this notice of lease and operation exemption should be issued, and does so here. Northern Plains Railroad, Inc. (NPR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to renew its lease of approximately 290.31 miles of rail line of Soo Line Railroad Company, d/b/a Canadian Pacific Railway (Soo), in Minnesota and North Dakota (referred to as the Wheat Lines). NPR has operated the Wheat Lines pursuant to an existing lease with Soo since 1997.1 According 1 NPR acquired authority to lease and operate approximately 377.55 miles of Soo rail line. See Northern Plains R.R.—Lease and Operation Exemption—Certain Lines of Soo Line R.R., Docket No. FD 33324 (STB served Jan. 9, 1997). In 2009, NPR was authorized to discontinue service over certain lines covered by that lease: between Bisbee, N.D., and Kramer, N.D., and between Devils Lake, N.D., and Harlow, N.D. See Northern Plains R.R.— Discontinuance of Serv. Exemption—in Ramsey and Benson Counties, N.D., Docket No. AB 1054X (STB served Dec. 28, 2009) (NPR discontinuance on Devils Lake-Harlow line); and Northern Plains VerDate Mar<15>2010 16:35 Aug 05, 2010 Jkt 220001 to NPR, NPR and Soo have entered into a Lease Renewal Agreement and a related Renewed Exchange and Operating Agreement, both dated July 19, 2010 (Agreements), which provide for NPR’s continued lease of and provision of rail service on the Wheat Lines.2 Pursuant to the Agreements, NPR will renew its lease of the Wheat Lines extending: (a) From milepost 309.69 at Thief River Falls, Minn., to milepost 474.5 at Bisbee; (b) from milepost 390.99 at Fordville, N.D., to milepost 445.50 at Devils Lake; and (c) from milepost 535.00 at Kramer, to milepost 605.99 at Kenmare, N.D. NPR states that, as part of the Agreements, NPR will lease 5 miles of abandoned Soo trackage at Kramer and 4.95 miles of abandoned Soo trackage at Bisbee for rail supply and other purposes.3 The term of the lease renewal is 20 years. As required at 49 CFR 1150.43(h), NPR has disclosed that the Lease Renewal Agreement contains a provision that would limit NPR’s future interchange of traffic with a third-party connecting carrier at any location. NPR notes that (other than with Soo) NPR has interchanges with BNSF Railway Company at Ardoch, N.D., Devils Lake, and Warren, Minn. NPR states that it expects to remain a Class III rail carrier after consummation of the proposed transaction, and certifies that its projected annual revenues for the Wheat Lines as a result of the proposed transaction will not result in the creation of a Class II or Class I rail carrier. In accordance with the Board’s requirements at 49 CFR 1150.42(e), NPR certified to the Board, on June 18, 2010, that it had posted the 60-day notice of the transaction at the R.R.—Discontinuance of Serv. Exemption—in Bottineau, Rolette, and Towner Counties, N.D., Docket No. AB 1054 (Sub-No. 1X) (STB served Dec. 28, 2009) (NPR discontinuance on Bisbee-Kramer line). NPR states that it will renew its lease with Soo but that the lease will only cover approximately 290.31 miles now because Soo has abandoned the lines (described above) over which service had been discontinued. See Soo Line R.R.—Aban. Exemption—in Ramsey and Benson Counties, N.D., Docket No. AB 57 (Sub-No. 54X) (STB served Oct. 22, 2004) (Soo abandonment of Devils Lake-Harlow line) and Soo Line R.R.—Aban. Exemption—in Bottineau, Rolette, and Towner Counties, N.D., Docket No. AB 57 (Sub-No. 56X) (STB served Sept. 5, 2008) (Soo abandonment of Bisbee-Kramer line). NPR also notes a change to the Devils Lake endpoint, from milepost 446.0+/¥ to milepost 445.50. 2 NPR’s Agreements were filed under seal pursuant to 49 CFR 1150.43(h)(1)(ii). NPR states that the Lease Renewal Agreement includes other changes beyond the extension of the lease term. As a result, the class exemption at 49 CFR 1180.2(d)(4) covering lease renewals where only an extension of time is involved is not available here. 3 NPR states that it does not seek any authority here to operate these previously abandoned segments. PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 workplaces of current NPR employees on the Wheat Lines on June 8 and 9, 2010, that it had posted the notice at the workplaces of Soo employees whose territory includes the Wheat Lines on June 17, 2010, and that it had served the notice on the national offices of the labor unions for such Soo employees on June 17, 2010. NPR stated that there are no labor unions that represent employees of NPR. NPR states that it expects to consummate the transaction on September 1, 2010 (which is more than 60 days after NPR’s certification to the Board that it had complied with the labor notice requirements at 49 CFR 1150.42(e)). 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 transaction. Petitions for stay must be filed no later than August 13, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35382, 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 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 http:// www.stb.dot.gov. It is ordered: 1. The delegation of authority of the Office of Proceedings, under 49 CFR 1011.7(b)(10), to determine whether to issue a notice of exemption in this proceeding is revoked. 2. This decision is effective on the date of service. Decided: August 3, 2010. By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Nottingham. Vice Chairman Mulvey dissented with a separate expression. VICE CHAIRMAN MULVEY, dissenting: I disagree with the Board’s decision today to allow this transaction to be processed under the Board’s class exemption procedures at 49 CFR 1150.41. I believe that transactions which prohibit the lessee carrier from interchanging with any rail carrier other than the lessor carrier should be subject to close scrutiny by the Board and that such scrutiny cannot take place within the expedited notice of exemption process. E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47677-47678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19122]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35375]


CSX Transportation, Inc.--Corporate Family Merger Exemption--
Gainesville Midland Railroad Company

    CSX Transportation, Inc. (CSXT) and Gainesville Midland Railroad 
Company (GMRR) have jointly filed a verified notice of exemption under 
49 CFR 1180.2(d)(3) for a corporate family transaction. CSXT is a Class 
I rail carrier that directly controls and operates GMRR.\1\ GMRR is a 
wholly owned subsidiary of CSXT. The transaction involves the merger of 
GMRR with and into CSXT with CSXT being the surviving corporation.
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    \1\ See CSX Corp.--Control--Chessie and Seaboard C. L. I., 363 
I.C.C. 521 (1980) and Seaboard Air-Line R.R.--Control--Gainesville 
Midland R.R., FD 20296 (ICC decided Mar. 26, 1959), 307 I.C.C. 801, 
803.
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    The transaction is scheduled to be consummated on or after August 
20, 2010. The purpose of the transaction is to simplify the corporate 
structure and reduce overhead costs and duplication by eliminating one 
corporation while retaining the same assets to serve customers. CSXT 
will obtain certain other savings as a result of this transaction.
    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). The parties state 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.
    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. As a condition to the use of 
this exemption, any employees adversely affected by this transaction 
will be protected by the conditions set forth in New York Dock 
Railways.--Control--Brooklyn Eastern District Terminal, 360 I.C.C. 60 
(1979).
    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 August 13, 2010 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to FD No. 
35375,

[[Page 47678]]

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 Louis E. Gitomer, Esq., Law Offices of Louis E. Gitomer, 
600 Baltimore Avenue, Suite 301, Towson, Md. 21204.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

     Decided: July 29, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-19122 Filed 8-3-10; 8:45 am]
BILLING CODE 4915-01-P