Gabriel D. Hall-Corporate Family Transaction Exemption-U S Rail New York, LLC and U S Rail Corporation, 1212 [2011-128]

Download as PDF 1212 Federal Register / Vol. 76, No. 5 / Friday, January 7, 2011 / Notices Transportation Board, Washington, DC 20423–0001) or by calling OEA, at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by UP’s filing of a notice of consummation by January 7, 2012, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: January 3, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011–126 Filed 1–6–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35458] jdjones on DSK8KYBLC1PROD with NOTICES Gabriel D. Hall—Corporate Family Transaction Exemption—U S Rail New York, LLC and U S Rail Corporation Gabriel D. Hall (Applicant), an individual, has filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a transaction within a corporate family. The transaction involves the creation of U S Rail New York (USR– NY) and the acquisition by USR–NY of the leasehold rights, and construction and operation rights of U S Rail Corporation (U S Rail) related to the Brookhaven Rail Terminal.1 Applicant controls U S Rail, a Class III carrier, which operates in Ohio, Indiana, and New York, and U S Rail New Jersey, also a Class III carrier, which operates in New Jersey. As a 1 In U S Rail Corporation—Construction and Operation Exemption—Brookhaven Rail Terminal, FD 35141 (STB served Sept. 9, 2010), the Board granted U S Rail’s construction exemption, which would connect U S Rail with the Long Island Railroad. VerDate Mar<15>2010 15:30 Jan 06, 2011 Jkt 223001 result of this transaction, U S Rail will assign its construction and operation authority involving the Brookhaven Rail Terminal, together with the leasehold interest in the underlying property, to USR–NY. USR–NY will facilitate financing for the approved construction and subsequent carrier operations, while Applicant remains in control of both entities. The exemption will be effective on January 21, 2011 (30 days after the exemption was filed). This is a transaction within a corporate family of the type exempted from prior review and approval under 49 CFR 1180.2(d)(3). Applicant states 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 its 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 January 14 (at least 7 days before the effective date of the exemption). An original and 10 copies of all pleadings, referring to Docket No. FD 35458 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 Applicant’s representative, Eric M. Hocky, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. The Department of Veterans Affairs (VA) gives notice under the Public Law 92–463 (Federal Advisory Committee Act) that the Panel for Eligibility of the Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board will meet on Monday, January 24, 2011, from 8 a.m. to 12 noon, at The St. Gregory Luxury Hotel and Suites, 2033 M Street, NW., Washington, DC. The purpose of the Merit Review Board is to provide advice on the scientific quality, budget, safety and mission relevance of investigatorinitiated research proposals submitted for VA merit review consideration. Proposals submitted for review by the Board involve a wide range of medical specialties within the general areas of biomedical, behavioral and clinical science research. The panel meeting will be open to the public for approximately one-half hour at the start of the meeting to discuss the general status of the program. The remaining portion of the meeting will be closed to the public for the review, discussion, and evaluation of nonclinician credentials and research proposals to be performed for VA. The closed portion of the meeting involves discussion, examination, reference to staff and consultant critiques of non-clinician credentials and research proposals. As provided by subsection 10(d) of Public Law 92–463, as amended, closing portions of a panel meeting is in accordance with 5 U.S.C., 552b(c) (6) and (9)(B). Those who plan to attend or would like to obtain a copy of minutes of the panel meeting and roster of the participants of the panel should contact LeRoy G. Frey, Ph.D., Chief, Program Review, at Department of Veterans Affairs (121F), 810 Vermont Avenue, NW., Washington, DC 20420, or e-mail at Leroy.frey@va.gov or call at (202) 461–1664. Decided: January 3, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. Dated: January 3, 2011. By Direction of the Secretary. Vivian Drake, Acting Advisory Committee Management Office. [FR Doc. 2011–128 Filed 1–6–11; 8:45 am] [FR Doc. 2011–75 Filed 1–6–11; 8:45 am] BILLING CODE 4915–01–P BILLING CODE 8320–01–P PO 00000 Frm 00085 Fmt 4703 Sfmt 9990 DEPARTMENT OF VETERANS AFFAIRS Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board Panel for Eligibility; Notice of Meeting E:\FR\FM\07JAN1.SGM 07JAN1

Agencies

[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Page 1212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-128]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35458]


Gabriel D. Hall--Corporate Family Transaction Exemption--U S Rail 
New York, LLC and U S Rail Corporation

    Gabriel D. Hall (Applicant), an individual, has filed a verified 
notice of exemption under 49 CFR 1180.2(d)(3) for a transaction within 
a corporate family. The transaction involves the creation of U S Rail 
New York (USR-NY) and the acquisition by USR-NY of the leasehold 
rights, and construction and operation rights of U S Rail Corporation 
(U S Rail) related to the Brookhaven Rail Terminal.\1\
---------------------------------------------------------------------------

    \1\ In U S Rail Corporation--Construction and Operation 
Exemption--Brookhaven Rail Terminal, FD 35141 (STB served Sept. 9, 
2010), the Board granted U S Rail's construction exemption, which 
would connect U S Rail with the Long Island Railroad.
---------------------------------------------------------------------------

    Applicant controls U S Rail, a Class III carrier, which operates in 
Ohio, Indiana, and New York, and U S Rail New Jersey, also a Class III 
carrier, which operates in New Jersey. As a result of this transaction, 
U S Rail will assign its construction and operation authority involving 
the Brookhaven Rail Terminal, together with the leasehold interest in 
the underlying property, to USR-NY. USR-NY will facilitate financing 
for the approved construction and subsequent carrier operations, while 
Applicant remains in control of both entities.
    The exemption will be effective on January 21, 2011 (30 days after 
the exemption was filed).
    This is a transaction within a corporate family of the type 
exempted from prior review and approval under 49 CFR 1180.2(d)(3). 
Applicant states 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 its 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 January 14 (at least 7 days before the 
effective date of the exemption).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35458 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 Applicant's representative, Eric M. Hocky, 
2005 Market Street, Suite 1000, Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: January 3, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-128 Filed 1-6-11; 8:45 am]
BILLING CODE 4915-01-P
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