Patrick D. Broe and ST&E Holdings, Inc.-Acquisition of Control Exemption-Stockton Terminal & Eastern Railroad Company, 41863-41864 [2011-17853]

Download as PDF Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Notices Establishment of Mandatory Position Reporting System for Vessels. mstockstill on DSK4VPTVN1PROD with NOTICES Compensation In addition to receiving priority in the award of DOD peacetime cargo, a participant will receive compensation during contingency activation for that capacity activated under Stage I, II and III. The amount of compensation will depend on the Stage at which capacity is activated. During enrollment, each participant must select one of several compensation methodologies. The compensation methodology selection will be completed with the appropriate DOD agency, resulting in prices in contingency contracts between DOD and the participant. Application for VISA Participation New applicants may apply to participate by obtaining a VISA application package (Form MA–1020 (OMB Approval No. 2133–0532)) from the Director, Office of Sealift Support, at the address indicated below. Form MA– 1020 includes instructions for completing and submitting the application, blank VISA Application forms and a request for information regarding the operations and U.S. citizenship of the applicant company. A copy of the VISA document as published in the Federal Register on March 24, 2010, will also be provided with the package. This information is needed in order to assist the Maritime Administration in making a determination of the applicant’s eligibility. An applicant company must provide an affidavit that demonstrates that the company is qualified to document a vessel under 46 U.S.C. 12103, and that it owns, or bareboat charters and controls, oceangoing, militarily useful vessel(s) for purposes of committing assets to the VISA program. New VISA applicants are required to submit their applications for the VISA program as described in this Notice no later than 30 days after the date of publication of this Federal Register notice. Applicants must provide the following: • U.S. citizenship documentation; • Copy of their Articles of Incorporation and/or By Laws; • Copies of loadline documents from a recognized classification society to validate oceangoing vessel capability; • U.S. Coast Guard Certificates of Documentation for all vessels in their fleet; • Copy of Bareboat Charters, if applicable, valid through the period of enrollment, which state that the owner will not interfere with the charterer’s VerDate Mar<15>2010 16:55 Jul 14, 2011 Jkt 223001 obligation to commit chartered vessel(s) to the VISA program for the duration of the charter; and • Copy of Time Charters, valid through the period of enrollment, for tug services to barge operators, if sufficient tug service is not owned or bareboat chartered by the VISA applicant. Barge operators must provide evidence to MARAD that tug service of sufficient horsepower will be available for all barges enrolled in the VISA program. Approved VISA participants will be responsible for ensuring that information submitted with their application remains up to date beyond the approval process. Any changes to VISA commitments must be reported to the Maritime Administration and USTRANSCOM not later than seven days after the change. If charter agreements are due to expire, participants must provide the Maritime Administration with charters that extend the charter duration for another 12 months or longer. Once the Maritime Administration has reviewed the application and determined VISA eligibility, the Maritime Administration will sign the VISA application document which completes the eligibility phase of the VISA enrollment process. After VISA eligibility is approved by the Maritime Administration, approved applicants are required to execute a joint VISA Enrollment Contract (VEC) with DOD [USTRANSCOM and the Military Sealift Command (MSC)] which will specify the participant’s Stage III commitment, and appropriate Stage I and/or II commitments for the period October 1, 2011 through September 30, 2012. Once the VEC is completed, the applicant completes the DOD contracting process by executing a Drytime Contingency Contract (DCC) with MSC and, if applicable, a VISA Contingency Contract (VCC) with USTRANSCOM (for Liner Operators). The Maritime Administration reserves the right to revalidate all eligibility requirements without notice. For Additional Information and Applications Contact Jerome D. Davis, Director, Office of Sealift Support, U.S. Maritime Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone (202) 366–0688; Fax (202) 366–5904. Other information about the VISA can be found on the Maritime Administration’s Internet Web Page at http://www.marad.dot.gov. PO 00000 Authority: 49 CFR 1.66. By Order of the Maritime Administration. Frm 00111 Fmt 4703 Sfmt 4703 41863 Dated: July 11, 2011. Christine Gurland, Secretary, Maritime Administration. [FR Doc. 2011–17845 Filed 7–14–11; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35525] Patrick D. Broe and ST&E Holdings, Inc.—Acquisition of Control Exemption—Stockton Terminal & Eastern Railroad Company Patrick D. Broe (Broe) and ST&E Holdings, Inc. (ST&E Holdings) (collectively, Applicants), both noncarriers, have filed a verified notice of exemption to acquire control of Stockton Terminal & Eastern Railroad Company (Stockton Terminal), a Class III rail carrier. The transaction may be consummated on or after July 30, 2011 (the effective date of the exemption). Broe directly controls ST&E Holdings and 2 other noncarrier holding companies: OmniTRAX, Inc. (OmniTRAX) and BNS Holding, Inc. (BNS). OmniTRAX currently controls the following 11 Class III railroads: (a) Chicago Rail Link, LLC, which operates in Illinois; (b) Georgia Woodlands Railroad, LLC, which operates in Georgia; (c) Great Western Railway of Colorado, LLC, which operates in Colorado; (d) Manufacturers’ Junction Railway, LLC, which operates in Illinois; (e) Newburgh & South Shore Railroad Limited, which operates in Ohio; (f) Northern Ohio & Western Railway, LLC, which operates in Ohio; (g) Panhandle Northern Railroad, LLC, which operates in Texas; (h) Alliance Terminal Railroad, LLC, which operates in Texas; (i) Fulton County Railway, LLC, which operates in Georgia; (j) Alabama & Tennessee River Railway, LLC, which operates in Alabama; and (k) Kettle Falls International Railway, LLC, which operates in Washington. BNS indirectly controls the following 3 Class III railroads: (a) Nebraska, Kansas and Colorado Railway, which operates in Nebraska, Kansas, and Colorado; (b) Illinois Railway, Inc., which operates in Illinois; and (c) Georgia & Florida Railway, Inc., which operates in Georgia and Florida. Stockton Terminal Company (Terminal Company), a noncarrier, currently controls Stockton Terminal & Eastern Railroad of Nevada, a noncarrier, which in turn controls Stockton Terminal. Through the proposed transaction, ST&E Holdings E:\FR\FM\15JYN1.SGM 15JYN1 41864 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Notices will acquire all of Terminal Company’s stock and, after the acquisition transaction is consummated, Terminal Company and Nevada Company will be merged into ST&E Holdings. As a result, Broe and ST&E Holdings will control Stockton Terminal. Applicants represent that: (1) The rail lines to be acquired by ST&E Holdings do not connect with any other railroad in the corporate family; 1 (2) the transaction is not part of a series of anticipated transactions that would connect Stockton Terminal’s rail lines with any other railroad in the OmniTRAX or BNS 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).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 §§ 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 July 22, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35525, must be filed with the Surface mstockstill on DSK4VPTVN1PROD with NOTICES 1 Stockton Terminal’s lines are located in California. None of the railroads controlled by OmniTRAX or BNS operates a rail line in California. 2 A redacted Purchase Agreement was filed with the notice of exemption. The Applicants concurrently filed a motion for protective order pursuant to 49 CFR 1104.14(b) to allow the filing under seal of the unredacted Purchase Agreement. That motion will be addressed in a separate decision. VerDate Mar<15>2010 16:55 Jul 14, 2011 Jkt 223001 Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Karl Morell, Ball Janik LLP, 655 Fifteenth Street, NW., Suite 225, Washington, DC 20005. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: July 11, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011–17853 Filed 7–14–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request acceptance of, potential demand for, and barriers to acceptance/increased demand for current and future products, and the needs and desires of customers for more efficient, economical services. Affected Public: Individuals and Households, Businesses and Organizations. Estimated Total Annual burden Hours: 37,809. Bureau Clearance Officer: Yvonne Pollard, United States Mint, 799 9th Street, NW., 4th Floor, Washington, DC 20220; (202) 354–6784. OMB Reviewer: Shagufta Ahmed, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503; (202) 395–7873. Dawn D. Wolfgang, Treasury PRA Clearance Officer. [FR Doc. 2011–17755 Filed 7–14–11; 8:45 am] BILLING CODE 4810–37–P July 11, 2011. The Department of Treasury will submit the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13 on or after the date of publication of this notice. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11010, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before August 15, 2011 to be assured of consideration. United States Mint OMB Number: 1525–0012. Type of Review: Revision of a currently approved collection. Title: Generic Clearance for Voluntary Surveys to Implement E.O. 12882. Abstract: This generic clearance for an undefined number of customer satisfaction and opinion surveys or focus group interviews will allow the United States Mint to assess the PO 00000 Frm 00112 Fmt 4703 Sfmt 9990 DEPARTMENT OF THE TREASURY Office of Thrift Supervision [AC–24 OTS Nos. 04246 and H4776] Home Federal Savings and Loan Association, Ashland, KY; Approval of Conversion Application Notice is hereby given that on July 11, 2011, the Office of Thrift Supervision approved the application of Home Federal Savings and Loan Association, Ashland, Kentucky, to convert to the stock form of organization. Copies of the application are available for inspection by appointment (phone number: (202) 906–5922 or e-mail: public.info@ots.treas.gov) at the Public Reading Room, 1700 G Street, NW., Washington, DC 20552, and the OTS Southeast Regional Office, 1475 Peachtree Street, NE., Atlanta, Georgia 30309. Dated: July 11, 2011. By the Office of Thrift Supervision. Ira L. Mills, Federal Register Liaison. [FR Doc. 2011–17876 Filed 7–14–11; 8:45 am] BILLING CODE 6720–01–P E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41863-41864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17853]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35525]


Patrick D. Broe and ST&E Holdings, Inc.--Acquisition of Control 
Exemption--Stockton Terminal & Eastern Railroad Company

    Patrick D. Broe (Broe) and ST&E Holdings, Inc. (ST&E Holdings) 
(collectively, Applicants), both noncarriers, have filed a verified 
notice of exemption to acquire control of Stockton Terminal & Eastern 
Railroad Company (Stockton Terminal), a Class III rail carrier.
    The transaction may be consummated on or after July 30, 2011 (the 
effective date of the exemption).
    Broe directly controls ST&E Holdings and 2 other noncarrier holding 
companies: OmniTRAX, Inc. (OmniTRAX) and BNS Holding, Inc. (BNS). 
OmniTRAX currently controls the following 11 Class III railroads: (a) 
Chicago Rail Link, LLC, which operates in Illinois; (b) Georgia 
Woodlands Railroad, LLC, which operates in Georgia; (c) Great Western 
Railway of Colorado, LLC, which operates in Colorado; (d) 
Manufacturers' Junction Railway, LLC, which operates in Illinois; (e) 
Newburgh & South Shore Railroad Limited, which operates in Ohio; (f) 
Northern Ohio & Western Railway, LLC, which operates in Ohio; (g) 
Panhandle Northern Railroad, LLC, which operates in Texas; (h) Alliance 
Terminal Railroad, LLC, which operates in Texas; (i) Fulton County 
Railway, LLC, which operates in Georgia; (j) Alabama & Tennessee River 
Railway, LLC, which operates in Alabama; and (k) Kettle Falls 
International Railway, LLC, which operates in Washington. BNS 
indirectly controls the following 3 Class III railroads: (a) Nebraska, 
Kansas and Colorado Railway, which operates in Nebraska, Kansas, and 
Colorado; (b) Illinois Railway, Inc., which operates in Illinois; and 
(c) Georgia & Florida Railway, Inc., which operates in Georgia and 
Florida.
    Stockton Terminal Company (Terminal Company), a noncarrier, 
currently controls Stockton Terminal & Eastern Railroad of Nevada, a 
noncarrier, which in turn controls Stockton Terminal. Through the 
proposed transaction, ST&E Holdings

[[Page 41864]]

will acquire all of Terminal Company's stock and, after the acquisition 
transaction is consummated, Terminal Company and Nevada Company will be 
merged into ST&E Holdings. As a result, Broe and ST&E Holdings will 
control Stockton Terminal.
    Applicants represent that: (1) The rail lines to be acquired by 
ST&E Holdings do not connect with any other railroad in the corporate 
family; \1\ (2) the transaction is not part of a series of anticipated 
transactions that would connect Stockton Terminal's rail lines with any 
other railroad in the OmniTRAX or BNS 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).\2\
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    \1\ Stockton Terminal's lines are located in California. None of 
the railroads controlled by OmniTRAX or BNS operates a rail line in 
California.
    \2\ A redacted Purchase Agreement was filed with the notice of 
exemption. The Applicants concurrently filed a motion for protective 
order pursuant to 49 CFR 1104.14(b) to allow the filing under seal 
of the unredacted Purchase Agreement. That motion will be addressed 
in a separate decision.
---------------------------------------------------------------------------

    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 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. Sec.  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 July 22, 2011 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35525, 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 Karl Morell, Ball Janik LLP, 655 Fifteenth 
Street, NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 11, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-17853 Filed 7-14-11; 8:45 am]
BILLING CODE 4915-01-P