Arkansas-Oklahoma Railroad, Inc.-Lease and Operation Exemption-Line of Union Pacific Railroad Company, 50762-50763 [2012-20651]

Download as PDF 50762 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Railway, Connecticut Southern Railroad, Inc., Dallas, Garland & Northeastern Railroad, Inc., Eastern Alabama Railway, LLC, Grand Rapids Eastern Railroad Inc., Huron & Eastern Railway Company, Inc., Indiana & Ohio Railway Company, Indiana Southern Railroad, LLC., Kiamichi Railroad Company L.L.C., Kyle Railroad Company, Marquette Rail, LLC, The Massena Terminal Railroad Company, Mid-Michigan Railroad, Inc., Michigan Shore Railroad, Inc., Missouri & Northern Arkansas Railroad Company, Inc., New England Central Railroad, Inc., North Carolina & Virginia Railroad Company, LLC, Otter Tail Valley Railroad Company, Inc., Point Comfort & Northern Railway Company, Puget Sound & Pacific Railroad, Rockdale, Sandow & Southern Railroad Company, San Diego & Imperial Valley Railroad Company, Inc., San Joaquin Valley Railroad Co., South Carolina Central Railroad Company, LLC, Texas Northeastern Railroad, Three Notch Railway, LLC, Toledo, Peoria & Western Railway Corporation, Ventura County Railroad Corp., Wellsboro & Corning Railroad, LLC and Wiregrass Central Railway, LLC. Applicants state that, pursuant to an agreement and plan of merger, Jaguar Acquisition Sub Inc., a wholly owned subsidiary of GWI, will merge with and into RailAmerica, with RailAmerica being the surviving corporation. As a result of the merger, GWI will obtain direct control of RailAmerica and indirect control of the RailAmerica Railroads. Upon completion of the merger, GWI plans immediately to place the shares of RailAmercia into the Voting Trust that has been established in accordance with the Board’s regulations at 49 CFR 1013.2 Applicants state that, because they would have temporary voting control of more than one railroad, they are filing this notice of exemption to confirm that, if and when the stock of RailAmerica is placed into the Voting Trust, they will have appropriate authority to control RailAmerica and the RailAmerica Railroads.3 Applicants also note that the 2 GWI has submitted a copy of the voting trust agreement to the Board for an informal, nonbinding opinion asking whether the voting trust would effectively insulate GWI from unauthorized acquisition of control of RailAmerica, pending Board review of the control application filed in FD 35654. In a letter dated August 3, 2012, the Director, Office of Proceedings, informed GWI that it is her opinion that the proposed voting trust agreement would effectively insulate GWI from unauthorized control of RailAmerica. 3 Applicants state that, pursuant to the voting trust agreement, the Voting Trust will only hold the shares of RailAmerica until the Board acts on the application. If the application is approved, the VerDate Mar<15>2010 16:53 Aug 21, 2012 Jkt 226001 Voting Trustee will be entitled to vote all of the stock held by the Voting Trust. According to applicants, they will not be in control of any railroads prior to the stock being placed in the Voting Trust, and that there will be no substantial change in the management or operation of the RailAmerica Railroads during the time they are in control of them. The transaction may be consummated on or after September 5, 2012 (30 days after the notice of exemption was filed). Applicant states that: (1) The rail lines of the RailAmerica Railroads do not connect with any rail lines in the corporate family of the Voting Trust or the Voting Trustee (they have none); (2) the transaction is not part of a series of anticipated transactions that would connect these rail lines with each other or any railroad in their 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). 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. Petitions for stay must be filed no later than August 29, 2012 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35660, 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 David H. Coburn, Steptoe & Johnson LLP, 1330 Connecticut Ave. NW., Washington, DC 20036 and Eric M. Hocky, Thorp Reed & Armstrong, LLP, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. shares of RailAmerica will be distributed to GWI. If the application is denied, the shares of RailAmerica (or the controlled railroads) will be sold to buyers approved by the Board in accordance with the terms of the voting trust agreement. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: August 17, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–20665 Filed 8–21–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35655] Arkansas-Oklahoma Railroad, Inc.— Lease and Operation Exemption—Line of Union Pacific Railroad Company Arkansas-Oklahoma Railroad, Inc. (AOK), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease from Union Pacific Railroad Company and to operate approximately 1.5 miles of rail line between milepost 446.5, at/near Shawnee, and milepost 445.0, east of Shawnee at Brangus Road, in Pottawatomie County, Okla. AOK states that consummation of the transaction will occur on or about September 4, 2012. The earliest the transaction can be consummated, however, is September 5, 2012, the effective date of the exemption (30 days after the exemption was filed). AOK certifies that its projected annual revenues as a result of this transaction will not exceed $5 million or result in the creation of a Class II or Class I rail carrier. 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 August 29, 2012 (at least seven days before the exemption becomes effective). An original and ten copies of all pleadings, referring to Docket No. FD 35655, 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 Daniel A. LaKemper, General Counsel, Arkansas-Oklahoma Railroad, Inc., P.O. Box 185, Morton, IL 61550. Board decisions and notices are available on our Web site at www.stb. dot.gov. Decided: August 17, 2012. E:\FR\FM\22AUN1.SGM 22AUN1 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Notices By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–20651 Filed 8–21–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. EP 519 (Sub-No. 5)] Notice of National Grain Car Council Meeting AGENCY: Surface Transportation Board, DOT. Notice of National Grain Car Council meeting. ACTION: Notice is hereby given of a meeting of the National Grain Car Council (NGCC), pursuant to section 10(a)(2) of the Federal Advisory Committee Act, Pub. L. No. 92–463, as amended (5 U.S.C., App. 2). DATES: The meeting will be held on Thursday, September 13, 2012, beginning at 1:00 p.m. (CDT) and is expected to conclude at 5:00 p.m. (CDT). SUMMARY: The meeting will be held at the Four Seasons Resort at Las Colinas, 4150 North MacArthur Boulevard, Irving, TX 75038. Phone 972–717–0700, Fax 972–717–2550. FOR FURTHER INFORMATION CONTACT: Thomas Brugman at (202) 245–0281. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: (800) 877–8339]. SUPPLEMENTARY INFORMATION: The NGCC arose from a proceeding instituted by the Surface Transportation Board’s predecessor agency, the Interstate Commerce Commission (ICC), in National Grain Car Supply—Conference of Interested Parties, EP 519. The NGCC was formed as a working group to facilitate private-sector solutions and recommendations to the ICC (and now the Board) on matters affecting grain transportation. The general purpose of this meeting is to discuss rail carrier preparedness to transport the 2012 fall grain harvest. Agenda items include the following: Remarks by Board Chairman Daniel R. Elliott III, Vice-Chairman Francis P. Mulvey (who, together with Brad Hildebrand, Assistant Vice President of Cargill AgHorizons, serves as CoChairman for the NGCC), and Commissioner Ann D. Begeman; reports by rail carriers and shippers on grainservice related issues; a report by rail mstockstill on DSK4VPTVN1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 16:53 Aug 21, 2012 Jkt 226001 car manufacturers and lessors on current and future availability of various grain-car types; a presentation by the U.S. Department of Agriculture regarding the changes in rail market share of grain and oilseed transportation; a presentation by the Association of American Railroads about rail time indicators; an update on railroad agricultural contract filings; and an open forum for audience and members to discuss topics of interest related to the agenda. The full agenda, along with other information regarding the NGCC, is posted on the Board’s Web site at https://www.stb.dot.gov/stb/rail/ graincar_council.html. The meeting, which is open to the public, will be conducted pursuant to the NGCC’s charter and Board procedures. Further communications about this meeting may also be announced through the Board’s Web site. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Decided: August 17, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–20664 Filed 8–21–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Information Collection; Comment Request Internal Revenue Service (IRS), Treasury. 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)). SUMMARY: Written comments should be received on or before October 22, 2012 to be assured of consideration. ADDRESSES: Direct all written comments to Yvette. B. Lawrence, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. DATES: PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 50763 Please send separate comments for each specific information collection listed below. You must reference the information collection’s title, form number, reporting or record-keeping requirement number, and OMB number (if any) in your comment. FOR FURTHER INFORMATION CONTACT: To obtain additional information, or copies of the information collection and instructions, or copies of any comments received, contact Joel Goldberger, 202– 927–9368, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet, at Joel.P.Goldberger@irs.gov. SUPPLEMENTARY INFORMATION: Request for Comments The Department of the Treasury and the Internal Revenue Service, as part of their continuing effort to reduce paperwork and respondent burden, invite the general public and other Federal agencies to take this opportunity 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.). Request for Comments Comments submitted in response to this notice will be summarized and/or included in our request for Office of Management and Budget (OMB) approval of the relevant information collection. All comments will become a matter of public record. Please do not include any confidential or inappropriate material in your comments. We Invite Comments On: (a) Whether the collection of information 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 burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including 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, the IRS is seeking comments concerning the following forms, and reporting and record-keeping requirements: E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Notices]
[Pages 50762-50763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20651]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35655]


Arkansas-Oklahoma Railroad, Inc.--Lease and Operation Exemption--
Line of Union Pacific Railroad Company

    Arkansas-Oklahoma Railroad, Inc. (AOK), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to lease 
from Union Pacific Railroad Company and to operate approximately 1.5 
miles of rail line between milepost 446.5, at/near Shawnee, and 
milepost 445.0, east of Shawnee at Brangus Road, in Pottawatomie 
County, Okla.
    AOK states that consummation of the transaction will occur on or 
about September 4, 2012. The earliest the transaction can be 
consummated, however, is September 5, 2012, the effective date of the 
exemption (30 days after the exemption was filed).
    AOK certifies that its projected annual revenues as a result of 
this transaction will not exceed $5 million or result in the creation 
of a Class II or Class I rail carrier.
    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 August 29, 2012 
(at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35655, 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 Daniel A. LaKemper, General Counsel, 
Arkansas-Oklahoma Railroad, Inc., P.O. Box 185, Morton, IL 61550.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: August 17, 2012.


[[Page 50763]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-20651 Filed 8-21-12; 8:45 am]
BILLING CODE 4915-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.