R.J. Corman Railroad Property, LLC-Acquisition Exemption-NC Railroad, Inc, 39155-39156 [2011-16700]

Download as PDF Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices Issued on June 27, 2011. Anne Suissa, Director, Office of Airline Information, Bureau of Transportation Statistics. [FR Doc. 2011–16705 Filed 7–1–11; 8:45 am] BILLING CODE 4910–HY–P DEPARTMENT OF TRANSPORTATION Research & Innovative Technology Administration [Docket ID Number RITA 2008–0002] Agency Information Collection; Activity Under OMB Review; Report of Financial and Operating Statistics for Large Certificated Air Carriers Research & Innovative Technology Administration (RITA), Bureau of Transportation Statistics (BTS), DOT. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for extension of currently approved collection. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on January 27, 2011 (76 FR 4992). The Bureau of Economic Analysis at the Department of Commerce submitted comments in support of the continuation of the data collection. DATES: Written comments should be submitted by August 4, 2011. FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline Information, RTS–42, Room E34–414, RITA, BTS, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001, Telephone Number (202) 366–4406, Fax Number (202) 366–3383 or e-mail jeff.gorham@dot.gov. Comments: Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725–17th Street, NW., Washington, DC 20503, Attention: RITA/BTS Desk Officer. SUPPLEMENTARY INFORMATION: srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: OMB Approval No. 2138–0013 Title: Report of Financial and Operating Statistics for Large Certificated Air Carriers. Form No.: BTS Form 41. Type Of Review: Extension of a currently approved collection. VerDate Mar<15>2010 19:00 Jul 01, 2011 Jkt 223001 Respondents: Large certificated air carriers. Number of Respondents: 76. Estimated Time per Response: 4 hours per schedule, an average carrier may submit 90 schedules in one year. Total Annual Burden: 27,360 hours. Needs and Uses: Program uses for Form 41 data are as follows: Mail Rates The Department of Transportation sets and updates mainline Alaska mail rates based on carrier aircraft operating expense, traffic and operational data. Form 41 cost data, especially fuel costs, terminal expenses, and line haul expenses are used in arriving at rate levels. DOT revises the established rates based on the percentage of unit cost changes in the carriers’ operations. These updating procedures have resulted in the carriers receiving rates of compensation that more closely parallel their costs of providing mail service and contribute to the carriers’ economic well-being. Submission of U.S. Carrier Data to ICAO As a party to the Convention on International Civil Aviation, the United States is obligated to provide the International Civil Aviation Organization with financial and statistical data on operations of U.S. air carriers. Over 99 percent of the data filed with ICAO is extracted from the carriers’ Form 41 reports. Carrier Fitness Fitness determinations are made for both new entrants and established U.S. domestic carriers proposing a substantial change in operations. A portion of these applications consists of an operating plan for the first year (14 CFR part 204) and an associated projection of revenues and expenses. The carrier’s operating costs, included in these projections, are compared against the cost data in Form 41 for a carrier or carriers with the same aircraft type and similar operating characteristics. Such a review validates the reasonableness of the carrier’s operating plan. Form 41 reports, particularly balance sheet reports and cash flow statements play a major role in the identification of vulnerable carriers. Data comparisons are made between current and past periods in order to assess the current financial position of the carrier. Financial trend lines are extended into the future to analyze the continued viability of the carrier. DOT reviews three areas of a carrier’s operation: (1) The qualifications of its management PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 39155 team, (2) its disposition to comply with laws and regulations, and (3) its financial posture. DOT must determine whether or not a carrier has sufficient financial resources to conduct its operations without imposing undue risk on the traveling public. Moreover, once a carrier is operating, DOT is required to monitor its continuing fitness. Senior DOT officials must be kept fully informed as to all current and developing economic issues affecting the airline industry. In preparing financial conditions reports or status reports on a particular airline, financial and traffic data are analyzed. Briefing papers may use the same information. The Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), requires a statistical agency to clearly identify information it collects for non-statistical purposes. BTS hereby notifies the respondents and the public that BTS uses the information it collects under this OMB approval for non-statistical purposes including, but not limited to, publication of both Respondent’s identity and its data, submission of the information to agencies outside BTS for review, analysis and possible use in regulatory and other administrative matters. Issued in Washington, DC, on June 27, 2011. Anne Suissa, Director, Office of Airline Information. [FR Doc. 2011–16703 Filed 7–1–11; 8:45 am] BILLING CODE 4910–HY–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35363] R.J. Corman Railroad Property, LLC— Acquisition Exemption—NC Railroad, Inc R. J. Corman Railroad Property, LLC (RJC Railroad Property), a Class III rail carrier, filed a verified notice of exemption under 49 CFR 1150.41 to acquire from NC Railroad, Inc. (NCRL) approximately 42 route miles of rail line between milepost 0.144 at or near Oneida and milepost 42.0 at or near Devonia, in Scott, Campbell, and Anderson Counties, Tenn. The notice was served and published in the Federal Register on April 9, 2010 (75 FR 18,253), and became effective on April 25, 2010. On May 28, 2010, RJC Railroad Property filed a correction to the notice. According to RJC Railroad Property, the acquisition for which exemption was E:\FR\FM\05JYN1.SGM 05JYN1 39156 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices sought only involves the segment between milepost 0.95 (not milepost 0.144) and milepost 42.0. Thus, RJC Railroad Property indicates that the correct description of the subject line is that it extends between milepost 0.95 at or near Oneida and milepost 42.0 at or near Devonia. This correction is recognized here. All remaining information from the April 9, 2010 notice remains unchanged. The acquisition transaction is related to the notice of exemption in Docket No. FD 35364, R. J. Corman Railroad Company/Bardstown Line—Lease and Operation Exemption—R. J. Corman Railroad Property, LLC, in which R. J. Corman Railroad Company/Bardstown Line filed a notice of exemption to lease and operate the line. The description of the line in Docket No. FD 35364 also is being corrected by separate notice. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: June 29, 2011. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. that it extends between milepost 0.95 at or near Oneida and milepost 42.0 at or near Devonia. This correction is recognized here. All remaining information from the April 9, 2010 notice remains unchanged. This transaction is related to the notice of exemption in Docket No. FD 35363, R. J. Corman Railroad Property, LLC—Acquisition Exemption—NC Railroad, Inc., in which RJC Railroad Property filed a notice of exemption to acquire the line from NC Railroad, Inc. The description of the line in Docket No. FD 35363 also is being corrected by separate notice. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: June 29, 2011. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–16701 Filed 7–1–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION [FR Doc. 2011–16700 Filed 7–1–11; 8:45 am] Surface Transportation Board BILLING CODE 4915–01–P [Docket No. FD 35529] DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35364] srobinson on DSK4SPTVN1PROD with NOTICES R. J. Corman Railroad Company/ Bardstown Line—Lease and Operation Exemption—R. J. Corman Railroad Property, LLC R. J. Corman Railroad Company/ Bardstown Line (RJC Railroad Company), a Class III rail carrier, filed a verified notice of exemption under 49 CFR 1150.41 to lease from R. J. Corman Railroad Property, LLC (RJC Railroad Property), and operate approximately 42 route miles of rail line between milepost 0.144 at or near Oneida and milepost 42.0 at or near Devonia, in Scott, Campbell, and Anderson Counties, Tenn. The notice was served and published in the Federal Register on April 9, 2010 (75 FR 18,254), and became effective on April 25, 2010. On May 28, 2010, RJC Railroad Company filed a correction to the notice. According to RJC Railroad Company, the lease and operation transaction for which the exemption was sought only involves the segment between milepost 0.95 (not milepost 0.144) and milepost 42.0. Thus, RJC Railroad Company indicates that the correct description of the subject line is VerDate Mar<15>2010 19:00 Jul 01, 2011 Jkt 223001 C&NC Railroad, LLC—Lease Renewal Exemption—Norfolk Southern Railway Company Under 49 CFR 1011.7(a)(2)(x)(A), 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 renewal exemption should be issued, and does so here. Notice C&NC Railroad, LLC (C&NC), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to renew its lease of approximately 21 miles of rail line from Norfolk Southern Railway Company (NSR).1 The rail lines 1 C&NC originally filed its notice of exemption on June 3, 2011, as a lease renewal under 49 CFR 1180.2(d)(4). That provision, however, applies to lease renewals ‘‘where the Board has previously authorized the transaction and only an extension of time is involved.’’ Because the new lease includes a new credit provision and milepost adjustments, on June 17, 2011, C&NC filed a motion for the PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 extend from (a) milepost CB5.4 at Beesons, Ind., to milepost 25.30 at New Castle, Ind., and (b) milepost R0.1 to milepost R1.16 at New Castle. C&NC has leased and operated the lines since 1997.2 The 1997 lease agreement, by its terms, expired on December 9, 2009, and C&NC and NSR agreed to continue operations under the terms of the 1997 agreement pending renegotiation of a new lease. On March 11, 2011, the parties executed a new lease.3 As required at 49 CFR 1150.43(h), C&NC has disclosed that the new lease agreement contains an interchange commitment provision that would provide for a lease credit whereby C&NC may reduce its lease payments by receiving a credit for each car interchanged with NSR. C&NC notes that NSR initially proposed a fixed rental payment with no option to reduce the rent, but C&NC requested a lease credit option to provide an opportunity for C&NC to earn a lower rental payment so it would be able to invest in improvements on the leased lines to increase traffic levels. According to C&NC, the interchange point with NSR is New Castle. C&NC certifies that the projected annual revenues as a result of the proposed transaction will not exceed those that would make it a Class III rail carrier and further certifies that its projected annual revenues would not exceed $5 million. The transaction is expected to be consummated on or after July 17, 2011, the effective date of the exemption (30 days after the exemption was officially filed). 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 July 8, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35529, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In notice to be considered as filed under 49 CFR 1150.41 instead of 49 CFR 1180.2(d)(4). The motion also includes a revenue certification and caption summary in compliance with the requirements for the class exemption at § 1150.41. Accordingly, the notice will be considered as filed under § 1150.41 with a filing date of June 17, 2011. 2 See C&NC R.R. —Lease and Operation Exemption—Line of the Norfolk and W. Ry. and Ind. Hi Rail, FD 33475 (STB served Oct. 31, 1997). 3 C&NC has filed the new lease agreement under seal pursuant to 49 CFR 1150.43(h)(1)(ii). E:\FR\FM\05JYN1.SGM 05JYN1

Agencies

[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Notices]
[Pages 39155-39156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16700]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35363]


R.J. Corman Railroad Property, LLC--Acquisition Exemption--NC 
Railroad, Inc

    R. J. Corman Railroad Property, LLC (RJC Railroad Property), a 
Class III rail carrier, filed a verified notice of exemption under 49 
CFR 1150.41 to acquire from NC Railroad, Inc. (NCRL) approximately 42 
route miles of rail line between milepost 0.144 at or near Oneida and 
milepost 42.0 at or near Devonia, in Scott, Campbell, and Anderson 
Counties, Tenn. The notice was served and published in the Federal 
Register on April 9, 2010 (75 FR 18,253), and became effective on April 
25, 2010.
    On May 28, 2010, RJC Railroad Property filed a correction to the 
notice. According to RJC Railroad Property, the acquisition for which 
exemption was

[[Page 39156]]

sought only involves the segment between milepost 0.95 (not milepost 
0.144) and milepost 42.0. Thus, RJC Railroad Property indicates that 
the correct description of the subject line is that it extends between 
milepost 0.95 at or near Oneida and milepost 42.0 at or near Devonia. 
This correction is recognized here. All remaining information from the 
April 9, 2010 notice remains unchanged.
    The acquisition transaction is related to the notice of exemption 
in Docket No. FD 35364, R. J. Corman Railroad Company/Bardstown Line--
Lease and Operation Exemption--R. J. Corman Railroad Property, LLC, in 
which R. J. Corman Railroad Company/Bardstown Line filed a notice of 
exemption to lease and operate the line. The description of the line in 
Docket No. FD 35364 also is being corrected by separate notice.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: June 29, 2011.
    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-16700 Filed 7-1-11; 8:45 am]
BILLING CODE 4915-01-P