Midwest Rail, LLC d/b/a Toledo, Lake Erie and Western Railway-Lease and Operation Exemption-Norfolk Southern Railway Company, 38885-38886 [2012-16003]

Download as PDF Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Notices ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21046 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, send one copy of comments to Applicant’s representative: Andrew K. Light, Scopelitis, Garvin, Light, Hanson & Feary, P.C., 10 W. Market Street, Suite 1500, Indianapolis, IN 46204. FOR FURTHER INFORMATION CONTACT: Marc Lerner, (202) 245–0390. Federal Information Relay Service (FIRS) for the hearing impaired: 1–800–877–8339. mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: The Coach America Subsidiaries are currently involved in proceedings instituted under Chapter 11 of the Bankruptcy Code, having filed a voluntary petition for relief with the U.S. Bankruptcy Court for the District of Delaware on January 3, 2012, and a motion to sell substantially all of their assets and effectively to liquidate on January 13, 2012. According to Applicant, the proposed transaction will be completed pursuant to 11 U.S.C. 105(a), 363 and 365 and Fed. R. Bankr. P. 2002, 6004, 6006, and 9014, and the bankruptcy court’s order entered on May 25, 2012, authorizing and approving (1) the sale of substantially all of the assets of debtors CUSA ES, LLC and CUSA CSS, LLC free and clear of liens, claims, and encumbrances, and (2) the assumption and assignment of certain executory contracts and unexpired leases. As indicated, Michael Yusim has filed a letter in opposition to the application by PTI to acquire the assets of the two Coach America Subsidiaries. The basis for his opposition relates to two cases alleging that his employer, an entity named Midnight Sun Tours, Inc. (Midnight Sun), a wholly owned subsidiary of the Coach America bus companies in bankruptcy, discriminated against drivers who accurately reported their hours on duty. According to Mr. Yusim, the two cases are pending before the Secretary of Labor (Secretary), but have been stayed by the bankruptcy court. Mr. Yusim requests that the Board disallow the sale of any subsidiaries of Coach America until the Secretary is allowed to hear the two cases. Because we have received a timely comment in opposition to the application, we will not grant tentative authority under 49 CFR 1182.4(b). See 49 CFR 1182.6(a). Instead, we will institute a proceeding to address this matter, as well as to determine the merits of the application pursuant to 49 U.S.C. 14303. Comments and responses are to be submitted as ordered below. See 49 CFR 1182.5 and 1182.6. VerDate Mar<15>2010 16:52 Jun 28, 2012 Jkt 226001 Board decisions and notices are available on our Web site at www.stb.dot.gov. This decision will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered: 1. Comments must be filed by August 13, 2012. Applicant may file a reply to any comments by August 28, 2012. 2. This notice will be effective on its date of service. 3. A copy of this notice will be served on: (1) The U.S. Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; (2) the U.S. Department of Justice, Antitrust Division, 950 Pennsylvania Avenue NW., Washington, DC 20530; (3) the U.S. Department of Transportation, Office of the General Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; (4) the Federal Trade Commission, Bureau of Competition, Premerger Notification Office, 600 Pennsylvania Avenue NW., Washington, DC 20580; and (5) Michael Yusim, 7499 Eagle Point Drive, Delray Beach, FL 33446. Decided: June 25, 2012. By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Begeman. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–16046 Filed 6–28–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35634] Midwest Rail, LLC d/b/a Toledo, Lake Erie and Western Railway—Lease and Operation 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 under 49 U.S.C. 10502 for lease and operation 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 issuance of the notice of exemption for lease and operation of the rail line at issue in this case. The Board determines that this notice of exemption should be issued, and does so here. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 38885 Midwest Rail, LLC d/b/a Toledo, Lake Erie and Western Railway (Toledo), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease from Norfolk Southern Railway Company (NSR) and operate a 1.8-mile line of railroad between milepost TS 13.2 near Maumee, Ohio and milepost TS 15.0 in Waterville, Ohio, (the Line). According to Toledo, Toledo and NSR have entered into a Lease Agreement (Agreement) whereby Toledo will lease the Line from NSR. The term of the lease is 10 years. Pursuant to 49 CFR 1150.43(h), Toledo has disclosed that the Agreement contains an interchange commitment in the form of lease credits, depending on the number of carloads interchanged with NSR at milepost TS 13.2 in a given year.1 According to Matthew Shawver, owner of Toledo, the interchange commitment will allow Toledo to ‘‘invest in improvements on the leased line to increase traffic levels.’’ 2 The Line connects only with NSR at Maumee and at Waterville with a 10-mile, stub-ended line leased and operated by Toledo.3 Toledo certifies that its projected annual revenues as a result of this transaction will not result in Toledo becoming a Class I or Class II rail carrier. Toledo further certifies that its projected annual revenues will not exceed $5 million. The earliest the transaction can be consummated is July 15, 2012, the effective date of the exemption (30 days after the exemption was 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. Stay petitions must be filed no later than July 6, 2012 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35634, 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 John D. Heffner, 1 Concurrently with its verified notice of exemption, Toledo has filed under seal, pursuant to 49 CFR 1150.43(h)(1)(ii), a confidential, complete version of the Agreement. Toledo also filed a motion for protective order. The merits of Toledo’s motion will be addressed in a separate decision. 2 Pet. 6. 3 Midwest Rail d/b/a Toledo, Lake Erie and W. Ry.—Lease and Operation Exemption—Toledo, Lake Erie and W. Ry. and Museum, Inc., FD 35555 (STB served Oct. 14, 2011). E:\FR\FM\29JNN1.SGM 29JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 38886 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Notices Strasburger & Price, LLP, 1700 K Street NW., Suite 640, Washington, DC 20006. Board decisions and notices are available on our Web site at www.stb.dot.gov. It is ordered: 1. The delegation of authority to the Director of the Office of Proceedings under 49 CFR 1011.7(a)(2)(x)(A) to determine whether to issue a notice of exemption in this proceeding is revoked. 2. This decision is effective on the date of service. Decided: June 26, 2012. By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Begeman. Vice Chairman Mulvey approved with a separate expression. Vice Chairman Mulvey, commenting: Interchange commitments have the potential to limit or, in some cases, to effectively eliminate, competition between rail carriers. Because this can result in long-term harm to shippers, I believe that the Board should be carefully scrutinizing transactions that include interchange commitments. Typically, such scrutiny is not possible within the Notice of Exemption process due to its short time-frames. I have long urged the Board to require that such transactions be analyzed using more detailed processes that allow the Board to consider (1) the nature of the interchange commitment, (2) how many shippers and carloads will be impacted by the interchange commitment, and (3) what competitive routing options are being foreclosed during the term of the lease. In this case, however, there appears to be no need for concern regarding competitive harm. Toledo has confirmed that it will not connect physically to any carrier other than NSR, the carrier from whom it is leasing the line. Although the lease contains a rental credit based on the number of cars Toledo interchanges with NSR, because Toledo physically cannot interchange cars with a third-party carrier in any event, there will be no adverse competitive impact from the interchange commitment. Accordingly, I vote to approve the Notice of Exemption process for this transaction. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–16003 Filed 6–28–12; 8:45 am] BILLING CODE 4915–01–P VerDate Mar<15>2010 16:52 Jun 28, 2012 Jkt 226001 DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau Proposed Information Collections; Comment Request AGENCY: Alcohol and Tobacco Tax and Trade Bureau; Treasury. ACTION: Notice and request for comments. SUMMARY: As part of our continuing effort to reduce paperwork and respondent burden, and as required by the Paperwork Reduction Act of 1995, we invite comments on the proposed or continuing information collections listed below in this notice. DATES: We must receive your written comments on or before August 28, 2012. ADDRESSES: You may send comments to Mary A. Wood, Alcohol and Tobacco Tax and Trade Bureau, at any of these addresses: • P.O. Box 14412, Washington, DC 20044–4412; • 202–453–2686 (facsimile); or • formcomments@ttb.gov (email). Please send separate comments for each specific information collection listed below. You must reference the information collection’s title, form or recordkeeping requirement number, and OMB number (if any) in your comment. If you submit your comment via facsimile, send no more than five 8.5 x 11 inch pages in order to ensure electronic access to our equipment. FOR FURTHER INFORMATION CONTACT: To obtain additional information, copies of the information collection and its instructions, or copies of any comments received, contact Mary A. Wood, Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044–4412; or telephone 202–453– 2265. SUPPLEMENTARY INFORMATION: Request for Comments The Department of the Treasury and its Alcohol and Tobacco Tax and Trade Bureau (TTB), as part of their continuing effort to reduce paperwork and respondent burden, invite the general public and other Federal agencies to comment on the proposed or continuing information collections listed below in this notice, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Comments submitted in response to this notice will be included or summarized in our request for Office of Management and Budget (OMB) approval of the relevant information collection. All comments are part of the PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 public record and subject to disclosure. Please do not include any confidential or inappropriate material in your comments. We invite comments on: (a) Whether this information collection is necessary for the proper performance of the agency’s functions, including whether the information has practical utility; (b) the accuracy of the agency’s estimate of the information collection’s burden; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the information collection’s burden on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide the requested information. Information Collections Open for Comment Currently, we are seeking comments on the following forms and recordkeeping requirements: Title: Authorization to Furnish Financial Information and Certificate of Compliance. OMB Control Number: 1513–0004. TTB Form Number: 5030.6. Abstract: The Right to Financial Privacy Act of 1978 limits access to records held by financial institutions and provides for certain procedures to gain access to the information. TTB F 5030.6 serves as both a customer authorization for TTB to receive such information and as the required certification to the financial institution. Current Actions: We are submitting this information collection for extension purposes only. The information collection, estimated number of respondents, and estimated total annual burden hours remain unchanged. Type of Review: Extension of a currently approved collection. Affected Public: Business or other forprofit. Estimated Number of Respondents: 2,000. Estimated Total Annual Burden Hours: 500. Title: Formula and Process for Wine. OMB Control Number: 1513–0010. TTB Form Number: 5120.29. Abstract: TTB F 5120.29 is used to determine the classification of wines for labeling and consumer protection purposes. The form describes the person filing, the type of product to be made, and any restrictions to labeling and manufacture. The form is also used to audit a product’s compliance with the relevant regulations. E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Notices]
[Pages 38885-38886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16003]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35634]


Midwest Rail, LLC d/b/a Toledo, Lake Erie and Western Railway--
Lease and Operation 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 under 49 U.S.C. 10502 for lease and 
operation 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 issuance of the notice of exemption for lease 
and operation of the rail line at issue in this case. The Board 
determines that this notice of exemption should be issued, and does so 
here.
    Midwest Rail, LLC d/b/a Toledo, Lake Erie and Western Railway 
(Toledo), a Class III rail carrier, has filed a verified notice of 
exemption under 49 CFR 1150.41 to lease from Norfolk Southern Railway 
Company (NSR) and operate a 1.8-mile line of railroad between milepost 
TS 13.2 near Maumee, Ohio and milepost TS 15.0 in Waterville, Ohio, 
(the Line). According to Toledo, Toledo and NSR have entered into a 
Lease Agreement (Agreement) whereby Toledo will lease the Line from 
NSR. The term of the lease is 10 years.
    Pursuant to 49 CFR 1150.43(h), Toledo has disclosed that the 
Agreement contains an interchange commitment in the form of lease 
credits, depending on the number of carloads interchanged with NSR at 
milepost TS 13.2 in a given year.\1\ According to Matthew Shawver, 
owner of Toledo, the interchange commitment will allow Toledo to 
``invest in improvements on the leased line to increase traffic 
levels.'' \2\ The Line connects only with NSR at Maumee and at 
Waterville with a 10-mile, stub-ended line leased and operated by 
Toledo.\3\
---------------------------------------------------------------------------

    \1\ Concurrently with its verified notice of exemption, Toledo 
has filed under seal, pursuant to 49 CFR 1150.43(h)(1)(ii), a 
confidential, complete version of the Agreement. Toledo also filed a 
motion for protective order. The merits of Toledo's motion will be 
addressed in a separate decision.
    \2\ Pet. 6.
    \3\ Midwest Rail d/b/a Toledo, Lake Erie and W. Ry.--Lease and 
Operation Exemption--Toledo, Lake Erie and W. Ry. and Museum, Inc., 
FD 35555 (STB served Oct. 14, 2011).
---------------------------------------------------------------------------

    Toledo certifies that its projected annual revenues as a result of 
this transaction will not result in Toledo becoming a Class I or Class 
II rail carrier. Toledo further certifies that its projected annual 
revenues will not exceed $5 million.
    The earliest the transaction can be consummated is July 15, 2012, 
the effective date of the exemption (30 days after the exemption was 
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. Stay petitions must be filed no later than July 6, 2012 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35634, 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 John D. Heffner,

[[Page 38886]]

Strasburger & Price, LLP, 1700 K Street NW., Suite 640, Washington, DC 
20006.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.
    It is ordered:
    1. The delegation of authority to the Director of the Office of 
Proceedings under 49 CFR 1011.7(a)(2)(x)(A) to determine whether to 
issue a notice of exemption in this proceeding is revoked.
    2. This decision is effective on the date of service.
    Decided: June 26, 2012.
    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Begeman. Vice Chairman Mulvey approved with a separate 
expression.
    Vice Chairman Mulvey, commenting:
    Interchange commitments have the potential to limit or, in some 
cases, to effectively eliminate, competition between rail carriers. 
Because this can result in long-term harm to shippers, I believe that 
the Board should be carefully scrutinizing transactions that include 
interchange commitments. Typically, such scrutiny is not possible 
within the Notice of Exemption process due to its short time-frames. I 
have long urged the Board to require that such transactions be analyzed 
using more detailed processes that allow the Board to consider (1) the 
nature of the interchange commitment, (2) how many shippers and 
carloads will be impacted by the interchange commitment, and (3) what 
competitive routing options are being foreclosed during the term of the 
lease.
    In this case, however, there appears to be no need for concern 
regarding competitive harm. Toledo has confirmed that it will not 
connect physically to any carrier other than NSR, the carrier from whom 
it is leasing the line. Although the lease contains a rental credit 
based on the number of cars Toledo interchanges with NSR, because 
Toledo physically cannot interchange cars with a third-party carrier in 
any event, there will be no adverse competitive impact from the 
interchange commitment. Accordingly, I vote to approve the Notice of 
Exemption process for this transaction.

Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-16003 Filed 6-28-12; 8:45 am]
BILLING CODE 4915-01-P

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