Quarterly Rail Cost Adjustment Factor, 17121-17122 [2012-7048]

Download as PDF Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices Issued in Washington, DC, on March 20, 2012. Jeffrey D. Wiese, Associate Administrator for Pipeline Safety. [FR Doc. 2012–7080 Filed 3–22–12; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35605] srobinson on DSK4SPTVN1PROD with NOTICES RailAmerica, Inc., Palm Beach Rail Holding, Inc., RailAmerica Transportation Corp., RailTex, Inc., Fortress Investment Group, LLC, and RR Acquisition Holding, LLC—Control Exemption—Wellsboro & Corning Railroad, LLC RailAmerica, Inc. (RailAmerica), Palm Beach Rail Holding, Inc. (Palm Beach), RailAmerica Transportation Corp. (RTC), RailTex, Inc. (RailTex), Fortress Investment Group, LLC (Fortress), and RR Acquisition Holding, LLC (RR Acquisition) (collectively, RailAmerica et al.), have filed a verified notice of exemption to acquire indirect control of the Wellsboro & Corning Railroad, LLC (W&C), a Class III rail carrier, through the acquisition of control of TransRail Holdings, LLC (TransRail), the parent of W&C, by RailTex. The proposed transaction is scheduled to be consummated on or after April 7, 2012 (30 days after the notice of exemption was filed). W&C acquired the assets of the Wellsboro & Corning Railroad Co.1 W&C owns and operates 35.5 miles of track between Wellsboro, PA., milepost 109.90, and Erwin, N.Y., milepost 74.70, in Tioga County, PA., and Steuben County, N.Y. W&C interchanges traffic with the Norfolk Southern Railway Company and the Canadian Pacific Railway Company. According to the verified notice of exemption, RailTex entered a Unit Purchase Agreement dated January 31, 2012 (the Agreement), with (1) TransRail, (2) Industrial Waste Group, LLC (IWG), (3) Wellsboro & Corning Railroad Co., and (4) A. Thomas Myles III, A. Thomas Myles IV, and William Myles (the MG Principals). The MG Principals own TransRail, and TransRail owns W&C and the successor to IWG. Under the Agreement, RailTex will acquire 100% of the Class A Common Units of TransRail, giving RailTex a 70% ownership interest in TransRail and control of W&C through TransRail. 1 Wellsboro & Corning R.R.—Acquis. & Operation Exemption—Wellsboro & Corning R.R., FD 35595 (STB served Feb. 22, 2012). VerDate Mar<15>2010 17:14 Mar 22, 2012 Jkt 226001 The MG Principals will retain the Class B Common Units of TransRail, thereby retaining a 30% interest in TransRail, though they will not retain control or the power to control W&C. Fortress’ noncarrier affiliate, RR Acquisition, currently owns about 60% of the publicly traded shares and controls the noncarrier RailAmerica, which directly controls the noncarrier Palm Beach, which directly controls the noncarrier RTC. RailAmerica states that it controls the following Class III rail carriers: (1) Alabama & Gulf Coast Railway LLC; (2) Arizona & California Railroad Company; (3) Bauxite & Northern Railway Company; (4) California Northern Railroad Company; (5) Cascade and Columbia River Railroad Company; (6) Central Oregon & Pacific Railroad, Inc.; (7) The Central Railroad Company of Indiana; (8) Central Railroad Company of Indianapolis; (9) Connecticut Southern Railroad, Inc.; (10) Conecuh Valley Railway, LLC; (11) Dallas, Garland & Northeastern Railroad, Inc.; (12) Delphos Terminal Railroad Company, Inc.; (13) Eastern Alabama Railway, LLC; (14) Huron & Eastern Railway Company, Inc.; (15) Indiana & Ohio Railway Company; (16) Indiana Southern Railroad, LLC; (17) Kiamichi Railroad Company, LLC; (18) Kyle Railroad Company; (19) The Massena Terminal Railroad Company; (20) MidMichigan Railroad, Inc.; (21) Missouri & Northern Arkansas Railroad Company, Inc.; (22) New England Central Railroad, Inc.; (23) North Carolina & Virginia Railroad Company, LLC; (24) Otter Tail Valley Railroad Company, Inc.; (25) Point Comfort & Northern Railway Company; (26) Puget Sound & Pacific Railroad; (27) Rockdale, Sandow & Southern Railroad Company; (28) San Diego & Imperial Valley Railroad Company, Inc.; (29) San Joaquin Valley Railroad Company; (30) South Carolina Central Railroad Company, LLC; (31) Three Notch Railway, LLC; (32) Toledo, Peoria & Western Railway Corporation; (33) Ventura County Railroad Corp.; and (34) Wiregrass Central Railway, LLC.2 Further, Fortress, on behalf of other equity funds managed by it and its affiliates, directly controls the noncarrier FECR Rail LLC, which directly controls FEC Rail Corp., which directly controls Florida East Coast Railway, LLC, a Class II rail carrier. 2 On February 3, 2012, in Docket No. FD 35592, RailAmerica et al. filed a petition for exemption from the prior approval requirements of 49 U.S.C. 11323–25 to acquire control of Marquette Rail, LLC, a Class III rail carrier. The Board issued a notice on February 28, 2012, instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 17121 RailAmerica et al. states that: (1) W&C does not connect with any of RailAmerica’s subsidiary railroads; (2) the proposed transaction is not part of a series of anticipated transactions to connect W&C and any of RailAmerica’s subsidiary railroads; and (3) the proposed transaction does not involve a Class I rail carrier. The proposed transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 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. Because the transaction involves the control of one or more Class III rail carriers and one Class II rail carrier, the transaction is subject to the labor protective requirements of 49 U.S.C. 11326(b) and Wisconsin Central Ltd.—Acquisition Exemption—Lines of Union Pacific Railroad, 2 S.T.B. 218 (1997). 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 to stay must be filed by March 30, 2012 (at least seven days before the exemption becomes effective). An original and ten copies of all pleadings, referring to Docket No. FD 35605 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: Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: March 20, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Clerk. [FR Doc. 2012–7054 Filed 3–22–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. EP 290 (Sub-No. 5) (2012–2)] Quarterly Rail Cost Adjustment Factor Surface Transportation Board, Department of Transportation. ACTION: Approval of rail cost adjustment factor. AGENCY: E:\FR\FM\23MRN1.SGM 23MRN1 17122 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices The Board has approved the second quarter 2012 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The second quarter 2012 RCAF (Unadjusted) is 1.185. The second quarter 2012 RCAF (Adjusted) is 0.520. The second quarter 2012 RCAF–5 is 0.492. SUMMARY: DATES: Effective Date: April 1, 2012. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245–0333. Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877–8339. SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision, which is available on our Web site, https://www.stb.dot.gov. Copies of the decision may be purchased by contacting the Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245– 0238. Assistance for the hearing impaired is available through FIRS at (800) 877–8339. This action will not significantly affect either the quality of the human environment or energy conservation. Decided: March 19, 2012. By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Begeman. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–7048 Filed 3–22–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35602] srobinson on DSK4SPTVN1PROD with NOTICES Indiana Southern Railroad, LLC— Temporary Trackage Rights Exemption—Norfolk Southern Railway Company Norfolk Southern Railway Company (NSR), pursuant to a written trackage rights agreement (Agreement), has agreed to grant overhead temporary trackage rights to Indiana Southern Railroad, LLC (ISRR) over NSR’s line of railroad between Oakland City Junction, Ind. (milepost 0.8 EJ) and Enosville, Ind. (milepost 4.8 EJ), a distance of approximately 4 miles.1 The transaction may be consummated on or after April 8, 2012, the effective date of the exemption (30 days after the 1 A redacted version of the Agreement between NSR and ISRR was filed with the notice of exemption. ISRR simultaneously filed a motion for protective order for approval to file under seal the unredacted version of the Agreement. That motion will be addressed in a separate decision. VerDate Mar<15>2010 17:14 Mar 22, 2012 Jkt 226001 verified notice of exemption was filed).2 The temporary trackage rights are scheduled to expire on December 31, 2012. The purpose of the temporary trackage rights is to bridge loaded and empty coal trains between trackage at Log Creek Mine at Enosville and ISRR’s tracks at Oakland City Junction for further movement over ISRR’s line to Indiana Power and Light’s generating plant at Petersburg, Ind. As a condition to this exemption, any employees affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights—Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway, Inc.—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980), and any employees affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line Railroad & The Union Pacific Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). This notice is filed under 49 CFR 1180.2(d)(8). If it 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 March 30, 2012 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35602, 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 John W. Humes, Jr., Senior Counsel, Rail America, Inc., 7411 Fullerton Street, Jacksonville, FL 32256. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: March 19, 2012. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–7053 Filed 3–22–12; 8:45 am] BILLING CODE 4915–01–P 2 Accompanying its verified notice of exemption, ISRR also filed a request to waive the requirement at 49 CFR 1180.4(g)(1) that the verified notice be filed at least 30 days before the transaction is consummated. In a separate decision served today, the Board is denying that request. PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Proposed Collection; Comment Request; Office of the Procurement Executive Department of Treasury, Departmental Offices. ACTION: Notice and request for comments. AGENCY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). The Department of the Treasury, Office of the Procurement Executive, is soliciting comments on these collections of information that are scheduled to expire. DATES: Written comments must be received on or before May 22, 2012 to be assured of consideration. ADDRESSES: You may submit comments by any of the following methods: www.PRAComment.gov. To provide your comments, selected the ‘‘comment page’’ link and follow the instructions for submitting comments. email: Frenando.Tonolete@treasury.gov. The subject line should contain the OMB number and title for which you are commenting. Mail: Fernando Tonolete, Office of the Procurement Executive, Department of the Treasury, 1500 Pennsylvania Ave. NW., Metropolitan Square, Suite 6B517, Washington DC 20220. All responses to this notice will be included in the request for OMB’s approval. All comments will also become a matter of public record. FOR FURTHER INFORMATION CONTACT: Requests for additional information or request a copy of the information collection should be directed to Fernando Tonolete (202) 622–6416. SUPPLEMENTARY INFORMATION: OMB Number: 1505–0080. Type of Review: Extension without change of a currently approved collection. Title: Post-Contract Award Information. Abstract: Information requested of contractors is specific to each contract and is required for Treasury to properly evaluate the progress made and/or management controls used by contractors providing supplies or services to the Government, and to SUMMARY: E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Notices]
[Pages 17121-17122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7048]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. EP 290 (Sub-No. 5) (2012-2)]


Quarterly Rail Cost Adjustment Factor

AGENCY: Surface Transportation Board, Department of Transportation.

ACTION: Approval of rail cost adjustment factor.

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[[Page 17122]]

SUMMARY: The Board has approved the second quarter 2012 rail cost 
adjustment factor (RCAF) and cost index filed by the Association of 
American Railroads. The second quarter 2012 RCAF (Unadjusted) is 1.185. 
The second quarter 2012 RCAF (Adjusted) is 0.520. The second quarter 
2012 RCAF-5 is 0.492.

DATES: Effective Date: April 1, 2012.

FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245-0333. Federal 
Information Relay Service (FIRS) for the hearing impaired: (800) 877-
8339.

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision, which is available on our Web site, https://www.stb.dot.gov. Copies of the decision may be purchased by contacting 
the Office of Public Assistance, Governmental Affairs, and Compliance 
at (202) 245-0238. Assistance for the hearing impaired is available 
through FIRS at (800) 877-8339.
    This action will not significantly affect either the quality of the 
human environment or energy conservation.

    Decided: March 19, 2012.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Begeman.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-7048 Filed 3-22-12; 8:45 am]
BILLING CODE 4915-01-P