Lancaster & Chester Railroad, LLC-Acquisition and Operation Exemption-Line of Lancaster & Chester Railway Company, 63532-63533 [2010-25939]

Download as PDF 63532 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES and orderly market are present. In addition, trading in Shares will be subject to trading halts caused by extraordinary market volatility pursuant to the Exchange’s ‘‘circuit breaker’’ rule or by the halt or suspension of trading in the underlying futures contracts. In addition, NYSE Arca Equities Rule 8.200(e) sets forth certain requirements for ETP Holders acting as registered Market Makers in the Shares to facilitate surveillance. In support of this proposal, the Exchange has made representations, including: (1) The Fund will meet the initial and continued listing criteria under NYSE Arca Equities Rule 8.200, Commentary .02. (2) The Exchange’s surveillance procedures are adequate to properly monitor Exchange trading of the Shares in all trading sessions and to deter and detect violations of Exchange rules and applicable Federal securities laws. (3) Prior to the commencement of trading, the Exchange will inform its ETP Holders in an Information Bulletin of the special characteristics and risks associated with trading the Shares. Specifically, the Information Bulletin will discuss the following: (a) The risks involved in trading the Shares during the Opening and Late Trading Sessions when an updated IIV will not be calculated or publicly disseminated; (b) the procedures for purchases and redemptions of Shares in Baskets (including noting that Shares are not individually redeemable); (c) NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence on its ETP Holders to learn the essential facts relating to every customer prior to trading the Shares; (d) how information regarding the IIV is disseminated; (e) the requirement that ETP Holders deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and (f) trading information. This approval order is based on the Exchange’s representations. For the foregoing reasons, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act 9 and the rules and regulations thereunder applicable to a national securities exchange. IV. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act,10 that the proposed rule change (SR–NYSEArca– 2010–78), be, and it hereby is, approved. 9 15 U.S.C. 78f(b)(5). U.S.C. 78s(b)(2). 10 15 VerDate Mar<15>2010 16:01 Oct 14, 2010 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–25949 Filed 10–14–10; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF STATE [Public Notice: 7211] In the Matter of the Review of the Designation of the Armed Islamic Group and All Associated Aliases as Foreign Terrorist Organizations Pursuant to Section 219 of the Immigration and Nationality Act, as Amended Based upon a review of the Administrative Record assembled in this matter, and in consultation with the Attorney General and the Secretary of the Treasury, I conclude that the circumstances that were the basis for the 2003 re-designation of the Armed Islamic Group (GIA) as foreign terrorist organization have changed in such a manner as to warrant revocation of the designation. Although the GIA no longer meets the criteria for designation as a foreign terrorist organization, its remnants and some senior leaders have joined al Qa’ida in the Islamic Maghreb (AQIM), a designated Foreign Terrorist Organization. Therefore, I hereby determine that the designation of the Armed Islamic Group as a foreign terrorist organization, pursuant to Section 219 of the Immigration and Nationality Act, as amended (8 U.S.C. 1189), shall be revoked. This determination shall be published in the Federal Register. Dated: September 28, 2010. Hillary Rodham Clinton, Secretary of State. [FR Doc. 2010–26082 Filed 10–14–10; 8:45 am] BILLING CODE 4710–10–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35413] Lancaster & Chester Railroad, LLC— Acquisition and Operation Exemption—Line of Lancaster & Chester Railway Company Lancaster & Chester Railroad, LLC (L&C Railroad), a noncarrier, has filed a verified notice of exemption under 49 11 17 Jkt 223001 PO 00000 CFR 200.30–3(a)(12). Frm 00100 Fmt 4703 Sfmt 4703 CFR 1150.31 to acquire and operate approximately 62 miles of rail line owned by Class III rail carrier Lancaster & Chester Railway Company as follows: (1) Approximately 29 miles of rail line from Chester, S.C. (milepost 0.0) to Lancaster, S.C. (milepost 29.0), plus approximately 2 miles of connecting track from milepost 5.0 in Chester County, S.C., to the connection with Consolidated Rail Corporation at former Survey Station 0+06 (milepost SG– 346+2210) of the Seaboard Coast Line Railroad Company in Chester County; and (2) approximately 31 miles of rail line from Kershaw, S.C. (milepost SB– 58.7) to Catawba, S.C. (milepost SB– 89.5) including, for each of the lines, related rail property and trackage. Because L&C Railroad’s projected annual revenues will exceed $5 million, L&C Railroad certified to the Board on August 30, 2010, that it had complied with the requirements of 49 CFR 1150.32(e) providing for notice to employees and their labor unions on the affected line. L&C Railroad also certified that its projected revenues as a result of this transaction will not exceed those that would qualify it as a Class III carrier. This transaction is related to a concurrently filed verified notice of exemption in Docket No. FD 35414, Gulf & Ohio Railways Holding Co., Inc., H. Peter Claussen and Linda C. Claussen— Continuance in Control Exemption— Lancaster & Chester Railroad, LLC, wherein the above parties seek to continue in control of L&C Railroad, upon L&C Railroad’s becoming a Class III rail carrier. The transaction may be consummated on or after October 31, 2010 (the effective date of the exemption). 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 October 22, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35413, 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 Troy W. Garris, 2904 Corporate Cir., Flower Mound, TX. 75028. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: October 7, 2010. E:\FR\FM\15OCN1.SGM 15OCN1 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010–25939 Filed 10–14–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35414] mstockstill on DSKH9S0YB1PROD with NOTICES Gulf & Ohio Railways Holding Co., Inc., H. Peter Claussen and Linda C. Claussen—Continuance in Control Exemption—Lancaster & Chester Railroad, LLC Gulf & Ohio Railways Holding Co., Inc. (G&O), H. Peter Claussen and Linda C. Claussen (the Claussens), noncarriers, have filed a verified notice of exemption to continue in control of Lancaster & Chester Railroad, LLC (L&C Railroad) upon L&C Railroad’s becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in Docket No. FD 35413, Lancaster & Chester Railroad, LLC— Acquisition and Operation Exemption— Line of Lancaster & Chester Railway Company. In that proceeding, L&C Railroad seeks an exemption under 49 CFR 1150.31 to acquire and operate approximately 62 miles of rail line owned by Lancaster & Chester Railway Company between (1) Chester and Lancaster, S.C., and (2) Kershaw and Catawba, S.C. The transaction may be consummated on or after October 31, 2010 (the effective date of the exemption). The Claussens own a controlling share of voting stock of G&O. G&O, in turn, wholly owns the following Class III rail carriers: (a) Conecuh Valley Railroad Co., Inc., which operates in Alabama; (b) Knoxville & Holston River Railroad Co., Inc., which operates in east Tennessee; (c) Laurinburg & Southern Railroad Co., Inc., which operates in North Carolina; (d) Piedmont & Atlantic Railroad, Inc., which operates in northwestern North Carolina under the trade name of Yadkin Valley Railroad; (e) Rocky Mount & Western Railroad Co., Inc., which operates in central North Carolina under the trade name of Nash County Railroad; (f) Three Notch Railroad Co., Inc., which operates in Alabama; and (g) Wiregrass Central Railroad Company, Inc., which operates in southeast Alabama. The parties represent that: (1) The rail lines to be acquired by L&C Railroad do not connect with any other railroad in VerDate Mar<15>2010 16:01 Oct 14, 2010 Jkt 223001 the corporate family; (2) the transaction is not part of a series of anticipated transactions that would connect the rail lines with any other railroad in the corporate family; and (3) the transaction does not involve a Class I rail carrier. 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. Stay petitions must be filed no later than October 22, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35414, 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 Troy W. Garris, 2904 Corporate Cir., Flower Mound, Tex. 75028. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: October 7, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010–25937 Filed 10–14–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: Cameron County, TX Federal Highway Administration (FHWA), DOT. ACTION: Rescind Notice of Intent (NOI) to prepare an EIS. AGENCY: FHWA is issuing this notice to advise the public that the NOI to prepare an environmental impact SUMMARY: PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 63533 statement (EIS) for proposed improvements to United States Highway 181/State Highway 286 (Crosstown Expressway), in Nueces County, Texas, is being rescinded. FOR FURTHER INFORMATION CONTACT: Gregory S. Punske, P.E. District Engineer, Federal Highway Administration, Texas Division, 300 East 8th Street, Room 826, Austin, Texas 78701, Telephone (512) 536–5960. SUPPLEMENTARY INFORMATION: On April 6, 2007, TxDOT and FHWA announced their revised Notice of Intent to prepare an EIS pursuant to 40 CFR 1508.22 and 43 TAC Sec. 2.5(e)(2) for a proposal to replace the existing US 181 Harbor Bridge and construct improvements to SH 286, in Nueces County, Texas. The project limits were defined as the limits of the schematic design. The project limits were as follows: the northern limit was the US 181 and Beach Avenue interchange located north of the Corpus Christi Ship Channel but south of the Nueces Bay Causeway; the southern limit was the SH 286 and SH 358 (South Padre Island Drive) interchange; the eastern limit was the Interstate Highway (IH) 37/US 181 intersection with Shoreline Boulevard; and the western limit was the IH 37 and Nueces Bay Boulevard interchange. The project limits totaled approximately 7.5 miles in length from north to south along US 181 and SH 286, and 2.1 miles in length from east to west along IH 37. The study limits were defined as the limits of potential impacts from the proposed action. The study limits were as follows: the northern limit was the US 181 and SH 35 interchange just south of Gregory; the southern limit was the SH 286 and SH 358 (South Padre Island Drive) interchange; the eastern limit was Shoreline Boulevard; and the western limit was the IH 37 and SH 358 (North Padre Island Drive) interchange. The EIS was in the preliminary stages of development. Scoping meetings were held for representatives from various cooperating agencies and for the public. The scoping meeting for the representatives from various cooperating agencies was held May 17, 2007, at the TxDOT Corpus Christi District Office in Corpus Christi, Texas. The scoping meeting for the public was held May 17, 2007, at the Oveal Williams Senior Activity Center in Corpus Christi, Texas. FHWA and TxDOT have decided to rescind the revised Notice of Intent because of changes in the scope (managed toll lanes) and limits. We intend to publish a new NOI in the future, which will describe the new project scope and limits. The review of E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Notices]
[Pages 63532-63533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25939]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35413]


Lancaster & Chester Railroad, LLC--Acquisition and Operation 
Exemption--Line of Lancaster & Chester Railway Company

    Lancaster & Chester Railroad, LLC (L&C Railroad), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire 
and operate approximately 62 miles of rail line owned by Class III rail 
carrier Lancaster & Chester Railway Company as follows: (1) 
Approximately 29 miles of rail line from Chester, S.C. (milepost 0.0) 
to Lancaster, S.C. (milepost 29.0), plus approximately 2 miles of 
connecting track from milepost 5.0 in Chester County, S.C., to the 
connection with Consolidated Rail Corporation at former Survey Station 
0+06 (milepost SG-346+2210) of the Seaboard Coast Line Railroad Company 
in Chester County; and (2) approximately 31 miles of rail line from 
Kershaw, S.C. (milepost SB-58.7) to Catawba, S.C. (milepost SB-89.5) 
including, for each of the lines, related rail property and trackage.
    Because L&C Railroad's projected annual revenues will exceed $5 
million, L&C Railroad certified to the Board on August 30, 2010, that 
it had complied with the requirements of 49 CFR 1150.32(e) providing 
for notice to employees and their labor unions on the affected line. 
L&C Railroad also certified that its projected revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Docket No. FD 35414, Gulf & Ohio Railways Holding Co., 
Inc., H. Peter Claussen and Linda C. Claussen--Continuance in Control 
Exemption--Lancaster & Chester Railroad, LLC, wherein the above parties 
seek to continue in control of L&C Railroad, upon L&C Railroad's 
becoming a Class III rail carrier.
    The transaction may be consummated on or after October 31, 2010 
(the effective date of the exemption).
    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 October 22, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35413, 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 Troy W. Garris, 2904 Corporate Cir., Flower 
Mound, TX. 75028.
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: October 7, 2010.


[[Page 63533]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-25939 Filed 10-14-10; 8:45 am]
BILLING CODE 4915-01-P

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