DMH Trust fbo Martha M. Head-Acquisition of Control Exemption-Twin Cities & Western Railroad Company, Minnesota Prairie Line, Inc. and Sisseton Milbank Railroad Company, 51615-51616 [2012-20864]

Download as PDF Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices erowe on DSK2VPTVN1PROD with near Des Moines and milepost 10.5 at the end of the line at Ankeny, in Polk County, Iowa (the line). The line traverses United States Postal Service Zip Codes 50313, 50021, and 50023. UP has certified that: (1) No local traffic has moved over the line for the past two years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on September 25, 2012, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by September 4, 2012. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 3 must 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee. Effective August 26, 2012, the filing fee for an OFA increases from $1,500 to $1,600. See 49 CFR 1002.2(f)(25); Regulations Governing Fees for Servs. Performed in Connection with Licensing and Related Servs.—2012 Update, EP No. 542 (Sub-No. 20) (STB served July 27, 2012). 3 UP states that the right-of-way (ROW) is not suitable for public purposes, including roads or highways, other forms of mass transportation, conservation, energy production or transmission as this area is adequately served by existing roads and VerDate Mar<15>2010 15:22 Aug 23, 2012 Jkt 226001 be filed by September 13, 2012, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to UP’s representative: Mack H. Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, #1920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. UP has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by August 31, 2012. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at 1– 800–877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by UP’s filing of a notice of consummation by August 24, 2013, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at www.stb. dot.gov. Decided: August 20, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–20873 Filed 8–23–12; 8:45 am] BILLING CODE 4915–01–P utility lines at the present time. However, UP notes that there does appear to be local interest in use of the ROW as a public recreational trail for hiking and bicycle use. PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 51615 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35662] DMH Trust fbo Martha M. Head— Acquisition of Control Exemption— Twin Cities & Western Railroad Company, Minnesota Prairie Line, Inc. and Sisseton Milbank Railroad Company DMH Trust fbo Martha M. Head (the Trust), a noncarrier, has filed a verified notice of exemption to acquire control of Twin Cities & Western Railroad Company (TCW), Minnesota Prairie Line, Inc. (MPL), and Sisseton Milbank Railroad Company (SMRC),1 all Class III rail carriers. According to the Trust, Douglas M. Head owned all of the controlling shares of voting stock of TCW and indirectly controlled MPL and SMRC. Following his death in February 2011, TCW’s stock continues to be held by Mr. Head’s estate, which now desires to distribute this stock to the Trust. The Trust intends to consummate the transaction on or after September 10, 2012 (the effective date of the exemption is September 9, 2012, 30 days after the verified notice of exemption was filed). The Trust represents that: (1) TCW, MPL, and SMRC will not connect with any rail lines owned or controlled by the Trust; (2) the transaction is not part of a series of anticipated transactions that would connect any railroad owned or controlled by the Trust with TCW, MPL, or SMRC, or that would provide an additional connection between any of the carriers controlled by the Trust; and (3) the 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). The Trust states that the purpose of the transaction is to transfer the TCW shares from the estate of Mr. Head to the Trust in compliance with provisions of Mr. Head’s will, allowing the substantial completion of the probate of the estate. 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. 1 MPL and SMRC are wholly owned subsidiaries of TCW. E:\FR\FM\24AUN1.SGM 24AUN1 51616 Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices 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 31, 2012 (at least seven days before the exemption becomes effective). An original and ten copies of all pleadings, referring to Docket No. FD 35662, 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 Rose-Michele Nardi, Weiner Brodsky Sidman Kider PC, 1300 19th Street NW., Fifth Floor, Washington, DC 20036. Board decisions and notices are available on our Web site at www.stb. dot.gov. Decided: August 20, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–20864 Filed 8–23–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Community Development Financial Institutions Fund Open Meeting of the Community Development Advisory Board Community Development Financial Institutions Fund, Department of the Treasury. ACTION: Notice of open meeting. AGENCY: This notice announces the next meeting of the Community Development Advisory Board (the Advisory Board), which provides advice to the Director of the Community Development Financial Institutions Fund (the CDFI Fund). The meeting will be conducted via telephone conference call. DATES: The next meeting of the Advisory Board will be held from 2 p.m. to 3:30 p.m. Eastern Time on Wednesday, September 12, 2012. FOR FURTHER INFORMATION CONTACT: The Office of Public and Legislative Affairs of the CDFI Fund, 1500 Pennsylvania Avenue NW., Washington, DC 20220, (202) 622–8042 (this is not a toll free number). Other information regarding the CDFI Fund and its programs may be obtained through the CDFI Fund’s Web site at https://www.cdfifund.gov. Public erowe on DSK2VPTVN1PROD with SUMMARY: VerDate Mar<15>2010 15:22 Aug 23, 2012 Jkt 226001 participation will be limited to 50 individual phone lines. Notification of intent to attend the meeting must be made via email to advisoryboard@cdfi. treas.gov. The CDFI Fund will send confirmation of attendance and instructions on accessing the meeting to the first 50 individuals who submit notifications of intent. SUPPLEMENTARY INFORMATION: Section 104(d) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(d)) established the Advisory Board. The charter for the Advisory Board has been filed in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and with the approval of the Secretary of the Treasury. The function of the Advisory Board is to advise the Director of the CDFI Fund (who has been delegated the authority to administer the CDFI Fund) on the policies regarding the activities of the CDFI Fund. The Advisory Board does not advise the CDFI Fund on approving or declining any particular application for monetary or non-monetary awards. The Advisory Board meets at least annually. It has been determined that this document is not a major rule as defined in Executive Order 12291 and therefore regulatory impact analysis is not required. In addition, this document does not constitute a rule subject to the Regulatory Flexibility Act (5 U.S.C. Chapter 6). The next meeting of the Advisory Board, all of which will be open to the public, will be held from 2 p.m. to 3:30 p.m. Eastern Time on Wednesday, September 12, 2012 via a telephone conference call. Public participation will be limited to 50 individual phone lines. Notification of intent to attend the meeting must be made via email to advisoryboard@cdfi.treas.gov. The CDFI Fund will send confirmation of attendance and instructions on accessing the meeting to the first 50 individuals who submit notifications of intent. For more information, please call (202) 622–8042. Participation in the discussions at the meeting will be limited to Advisory Board members, Department of the Treasury staff, and certain invited guests. Anyone who would like to have the Advisory Board consider a written statement must submit it to the Office of Legislative and External Affairs, CDFI Fund, 1500 Pennsylvania Avenue NW., Washington, DC 20220, by 5 p.m. Eastern Time on Tuesday, September 4, 2012. Authority: 12 U.S.C. 4703; Chapter X, Pub. L. 104–19, 109 Stat. 237. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 Dated: August 16, 2012. Donna J. Gambrell, Director, Community Development Financial Institutions Fund. [FR Doc. 2012–20860 Filed 8–23–12; 8:45 am] BILLING CODE 4810–70–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Additional Designations, Foreign Narcotics Kingpin Designation Act Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the names of 2 individuals and 24 entities whose property and interests in property have been blocked pursuant to the Foreign Narcotics Kingpin Designation Act (‘‘Kingpin Act’’) (21 U.S.C. 1901–1908, 8 U.S.C. 1182). DATES: The designation by the Director of OFAC of the two individuals and 24 entities identified in this notice pursuant to section 805(b) of the Kingpin Act is effective on August 15, 2012. FOR FURTHER INFORMATION CONTACT: Assistant Director, Sanctions Compliance & Evaluation, Office of Foreign Assets Control, U.S. Department of the Treasury, Washington, DC 20220, Tel: (202) 622–2490. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic and Facsimile Availability This document and additional information concerning OFAC are available on OFAC’s Web site at https://www.treasury.gov/ofac or via facsimile through a 24-hour fax-ondemand service at (202) 622–0077. Background The Kingpin Act became law on December 3, 1999. The Kingpin Act establishes a program targeting the activities of significant foreign narcotics traffickers and their organizations on a worldwide basis. It provides a statutory framework for the imposition of sanctions against significant foreign narcotics traffickers and their organizations on a worldwide basis, with the objective of denying their businesses and agents access to the U.S. financial system and the benefits of trade and transactions involving U.S. companies and individuals. The Kingpin Act blocks all property and interests in property, subject to U.S. jurisdiction, owned or controlled by E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Pages 51615-51616]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20864]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35662]


DMH Trust fbo Martha M. Head--Acquisition of Control Exemption--
Twin Cities & Western Railroad Company, Minnesota Prairie Line, Inc. 
and Sisseton Milbank Railroad Company

    DMH Trust fbo Martha M. Head (the Trust), a noncarrier, has filed a 
verified notice of exemption to acquire control of Twin Cities & 
Western Railroad Company (TCW), Minnesota Prairie Line, Inc. (MPL), and 
Sisseton Milbank Railroad Company (SMRC),\1\ all Class III rail 
carriers.
---------------------------------------------------------------------------

    \1\ MPL and SMRC are wholly owned subsidiaries of TCW.
---------------------------------------------------------------------------

    According to the Trust, Douglas M. Head owned all of the 
controlling shares of voting stock of TCW and indirectly controlled MPL 
and SMRC. Following his death in February 2011, TCW's stock continues 
to be held by Mr. Head's estate, which now desires to distribute this 
stock to the Trust. The Trust intends to consummate the transaction on 
or after September 10, 2012 (the effective date of the exemption is 
September 9, 2012, 30 days after the verified notice of exemption was 
filed).
    The Trust represents that: (1) TCW, MPL, and SMRC will not connect 
with any rail lines owned or controlled by the Trust; (2) the 
transaction is not part of a series of anticipated transactions that 
would connect any railroad owned or controlled by the Trust with TCW, 
MPL, or SMRC, or that would provide an additional connection between 
any of the carriers controlled by the Trust; and (3) the 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). The Trust states that the 
purpose of the transaction is to transfer the TCW shares from the 
estate of Mr. Head to the Trust in compliance with provisions of Mr. 
Head's will, allowing the substantial completion of the probate of the 
estate.
    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.

[[Page 51616]]

    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 31, 
2012 (at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35662, 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 Rose-Michele Nardi, Weiner Brodsky Sidman 
Kider PC, 1300 19th Street NW., Fifth Floor, Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: August 20, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-20864 Filed 8-23-12; 8:45 am]
BILLING CODE 4915-01-P
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