Culturally Significant Objects Imported for Exhibition Determinations: “Royal Treasures From the Louvre: Louis XIV to Marie-Antoinette”, 62311 [2012-25167]
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Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Notices
DEPARTMENT OF STATE
DEPARTMENT OF TRANSPORTATION
[Public Notice 8061]
Surface Transportation Board
[Docket No. FD 35506]
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘Royal
Treasures From the Louvre: Louis XIV
to Marie-Antoinette’’
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236–3 of August 28, 2000 (and, as
appropriate, Delegation of Authority No.
257 of April 15, 2003), I hereby
determine that the objects to be
included in the exhibition ‘‘Royal
Treasures from the Louvre: Louis XIV to
Marie-Antoinette’’ imported from
abroad for temporary exhibition within
the United States, are of cultural
significance. The objects are imported
pursuant to a loan agreement with the
foreign owner or custodian. I also
determine that the exhibition or display
of the exhibit objects at the Fine Arts
Museums of San Francisco, San
Francisco, CA, from on or about
November 17, 2012, until on or about
March 17, 2013, and at possible
additional exhibitions or venues yet to
be determined, is in the national
interest. I have ordered that Public
Notice of these Determinations be
published in the Federal Register.
SUMMARY:
For
further information, including a list of
the exhibit objects, contact Julie
Simpson, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6467). The
mailing address is U.S. Department of
State, SA–5, L/PD, Fifth Floor (Suite
5H03), Washington, DC 20522–0505.
FOR FURTHER INFORMATION CONTACT:
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Dated: October 3, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2012–25167 Filed 10–11–12; 8:45 am]
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Western Coal Traffic League—Petition
for Declaratory Order
AGENCY:
Surface Transportation Board,
DOT.
ACTION:
Notice of request for comments.
The Surface Transportation
Board seeks comments from the public
addressing the recent discovery that
Berkshire Hathaway Inc. (Berkshire),
owned or controlled CBEC Railway
(CBEC) and White City Terminal Union
Railway (WCTU) when it acquired
BNSF Railway Company (BNSF) in
February 2010, thus subjecting
Berkshire’s acquisition of BNSF to the
Board’s jurisdiction pursuant to 49
U.S.C. 11323. Specifically, the Board
seeks comments addressing the effect, if
any, of this discovery on the postFebruary 2010 valuation of BNSF’s asset
base.
DATES: Comments are due by November
8, 2012. Replies are due by November
28, 2012.
ADDRESSES: Comments and replies may
be submitted either via the Board’s efiling format or in traditional paper
format. Any person using e-filing should
attach a document and otherwise
comply with the instructions at the EFILING link on the Board’s Web site at
https://www.stb.dot.gov. Any person
submitting a filing in the traditional
paper format should send an original
and 10 copies referring to Docket No. FD
35506 to: Surface Transportation Board,
395 E Street SW., Washington, DC
20423–0001.
FOR FURTHER INFORMATION CONTACT:
Valerie Quinn, (202) 245–0382.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at
(800) 877–8339.
SUPPLEMENTARY INFORMATION: By a letter
dated September 13, 2012, in response
to an inquiry from the Board, Berkshire
stated that it owned or controlled CBEC
and WCTU at the time of Berkshire’s
acquisition of BNSF in February 2010,1
SUMMARY:
1 On February 12, 2010, Berkshire purchased the
common stock of BNSF’s parent company that
Berkshire did not already own in a transaction
valued at $34.5 million in cash and Berkshire stock
(the Purchase Price). See Burlington Northern Santa
Fe Corporation, Schedule 13D (Amendment No. 4
to Schedule 13D), at 6 (Feb. 16, 2010), available at
https://www.sec.gov/Archives/edgar/data/934612/
000119312510032484/dsc13da.htm. The Purchase
Price reflected a premium of approximately $22
billion over the net book value of the preacquisition BNSF, which was approximately $13
PO 00000
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62311
thus subjecting this transaction to the
Board’s jurisdiction pursuant to 49
U.S.C. 11323. Berkshire also
acknowledged that the 2008 purchase of
its initial 60% ownership stake in the
Marmon Group, which holds WCTU
through one of its subsidiaries, was
likely subject to Board jurisdiction. In
its letter, Berkshire stated that it intends
to fully comply with the requirements of
§ 11323 by divesting itself of CBEC and
WCTU.
The Board responded to Berkshire in
a letter dated September 18, 2012,
stating that Berkshire is not permitted to
own or control multiple carriers without
Board authorization, and that according
to the facts it disclosed, Berkshire failed
to comply with the requirements of
§ 11323 when it acquired BNSF, and
when it first obtained control over both
the CBEC and WCTU.2 The Board
directed Berkshire to submit within 10
days a letter specifying the method and
timing by which it proposed to remedy
its failure to comply with § 11323, and
further stated that the Board would, at
that time, consider whether further
action is warranted.
By letter dated September 25, 2012,3
Berkshire responded to the Board,
stating that it fully intends to complete
the divestiture of both WCTU and CBEC
to persons that are neither rail carriers,
as defined by 49 U.S.C. 10102(5), nor
owners of other rail carriers, so that
neither divestiture would be subject to
Board jurisdiction, pursuant to § 11323,
no later than December 31, 2012.
Berkshire stated that it and its
subsidiaries are currently in the process
of valuing both rail carriers and
contacting potential transferees.
Berkshire proposed to update the Board
on the progress of these divestitures on
November 1, 2012 and December 1,
2012. The Board replied to Berkshire by
letter on October 9, 2012, stating that
prompt divestiture is an appropriate
remedy under Board precedent, and
directing Berkshire to submit written
progress reports on November 1, 2012
billion. Out of the $22 billion, BNSF stated in its
2010 STB Form R–1 annual report that it increased
the cost of its tangible assets by approximately $8.1
billion to reflect their fair market value, and
allocated $14 billion to goodwill.
2 An entity that is not a rail carrier must obtain
prior Board approval to acquire a railroad line
through an asset purchase. See 49 U.S.C.
10901(a)(4). But the acquisition by a non-railroad of
a controlling stock interest in a company that owns
a railroad line does not trigger § 10901(a)(4). Prior
Board approval of the acquisition of a controlling
interest in the stock of a rail carrier is only required
where the purchaser already controls a rail carrier.
See 49 U.S.C. 11323.
3 The September 13, 2012 and September 25,
2012 Berkshire letters, as well as the Board’s
September 18, 2012 and October 9, 2012 responses,
have been added to this docket.
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Agencies
[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Page 62311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25167]
[[Page 62311]]
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DEPARTMENT OF STATE
[Public Notice 8061]
Culturally Significant Objects Imported for Exhibition
Determinations: ``Royal Treasures From the Louvre: Louis XIV to Marie-
Antoinette''
SUMMARY: Notice is hereby given of the following determinations:
Pursuant to the authority vested in me by the Act of October 19, 1965
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27,
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3
of August 28, 2000 (and, as appropriate, Delegation of Authority No.
257 of April 15, 2003), I hereby determine that the objects to be
included in the exhibition ``Royal Treasures from the Louvre: Louis XIV
to Marie-Antoinette'' imported from abroad for temporary exhibition
within the United States, are of cultural significance. The objects are
imported pursuant to a loan agreement with the foreign owner or
custodian. I also determine that the exhibition or display of the
exhibit objects at the Fine Arts Museums of San Francisco, San
Francisco, CA, from on or about November 17, 2012, until on or about
March 17, 2013, and at possible additional exhibitions or venues yet to
be determined, is in the national interest. I have ordered that Public
Notice of these Determinations be published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: For further information, including a
list of the exhibit objects, contact Julie Simpson, Attorney-Adviser,
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6467). The mailing address is U.S. Department of State, SA-5, L/PD,
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.
Dated: October 3, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau of Educational and
Cultural Affairs, Department of State.
[FR Doc. 2012-25167 Filed 10-11-12; 8:45 am]
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