Western Carolina Railway Service Corporation, Steven C. Hawkins and Cheryl R. Hawkins-Continuance in Control Exemption-Aiken Railway Company, LLC, 69929 [2012-28328]

Download as PDF Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices which would qualify it as a Class III rail carrier, and further states that its projected annual revenue would not exceed $5 million. 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 no later than November 28, 2012 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35688, 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, 1300 19th Street NW., Fifth Floor, Washington, DC 20036–1609. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: November 15, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–28289 Filed 11–20–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35691] srobinson on DSK4SPTVN1PROD with Western Carolina Railway Service Corporation, Steven C. Hawkins and Cheryl R. Hawkins—Continuance in Control Exemption—Aiken Railway Company, LLC Western Carolina Railway Service Corporation (WCRS) and Steven C. Hawkins and Cheryl R. Hawkins (the Hawkins) (collectively, Applicants) have filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of noncarrier Aiken Railway Company, LLC (AIKR), upon AIKR’s becoming a Class III rail carrier. This transaction is related to a notice of exemption filed on October 31, 2012, in which AIKR seeks to lease from Norfolk Southern Railway Company and to operate two segments of rail line as follows: (1) the SA Line extending 12.45 miles between milepost SA 63.45 at or near Warrenville, S.C., and milepost SA 51.0 at or near Oakwood, S.C.; and (2) the AB Line extending 6.45 miles between milepost AB 23.75 at or near Aiken, S.C., and milepost AB 17.3 at or VerDate Mar<15>2010 16:56 Nov 20, 2012 Jkt 229001 near Seclay, S.C. Aiken Ry.—Lease and Operation Exemption—Lines of Norfolk S. Ry. in Aiken Cnty., S.C., Docket No. FD 35665. The Hawkins, noncarrier individuals, own a controlling share of voting stock in WCRS, a noncarrier corporation. In turn, WCRS wholly owns Greenville & Western Railway Company, LLC, a Class III rail carrier. The transaction may be consummated on or after December 5, 2012 (30 days after the notice of exemption was filed).1 The effective date of the related lease and operation exemption in Docket No. FD 35665 is November 30, 2012. WCRS and the Hawkins are reminded that they are not authorized to control AIKR until the continuance in control exemption becomes effective. Applicants represent that: (1) The lines to be acquired by AIKR do not connect with any railroads in the corporate family; (2) the transaction is not part of a series of anticipated transactions that would connect the lines with other railroads in the 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. Stay petitions must be filed no later than November 28, 2012 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35691, 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 J. Marshall Lawson, 1 Applicants requested that the Board expedite this transaction by making the effective date of the exemption December 1, 2012, to coincide with AIKR’s proposed date to commence operations. Applicants have not, however, justified moving the effective date up four days. PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 69929 4840 Forest Drive, Suite 6B, PMB–295, Columbia, SC 29206–4810. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: November 16, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–28328 Filed 11–20–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Open Meeting of the President’s Advisory Council on Financial Capability Department of the Treasury. Notice of meeting. AGENCY: ACTION: The President’s Advisory Council on Financial Capability (‘‘Council’’) will convene for an open meeting on November 28, 2012, at the Department of Treasury, 1500 Pennsylvania Avenue NW., Washington DC, beginning at 8:00 a.m. Eastern Time. The meeting will be open to the public. The Council will: (1) Receive reports from the Council’s subcommittees (Underserved and Community Empowerment, Research and Evaluation, Partnerships, and Youth) on their progress; (2) discuss recommendations made by the subcommittees and (3) receive a status report on the implementation of the previous recommendations of the Council. SUMMARY: The meeting will be held on November 28, 2012, at 8:00 a.m. Eastern Time. Submission of Written Statements: The public is invited to submit written statements to the Council. Written statements should be sent by any one of the following methods: DATES: Electronic Statements Email: pacfc@treasury.gov; or Paper Statements Send paper statements to the Department of the Treasury, Office of Consumer Policy, Main Treasury Building, 1500 Pennsylvania Avenue NW., Washington DC, 20220. In general, the Department will make all statements available in their original format, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers, for public inspection and photocopying in the Department’s library located at Room E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Page 69929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28328]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35691]


Western Carolina Railway Service Corporation, Steven C. Hawkins 
and Cheryl R. Hawkins--Continuance in Control Exemption--Aiken Railway 
Company, LLC

    Western Carolina Railway Service Corporation (WCRS) and Steven C. 
Hawkins and Cheryl R. Hawkins (the Hawkins) (collectively, Applicants) 
have filed a verified notice of exemption pursuant to 49 CFR 
1180.2(d)(2) to continue in control of noncarrier Aiken Railway 
Company, LLC (AIKR), upon AIKR's becoming a Class III rail carrier.
    This transaction is related to a notice of exemption filed on 
October 31, 2012, in which AIKR seeks to lease from Norfolk Southern 
Railway Company and to operate two segments of rail line as follows: 
(1) the SA Line extending 12.45 miles between milepost SA 63.45 at or 
near Warrenville, S.C., and milepost SA 51.0 at or near Oakwood, S.C.; 
and (2) the AB Line extending 6.45 miles between milepost AB 23.75 at 
or near Aiken, S.C., and milepost AB 17.3 at or near Seclay, S.C. Aiken 
Ry.--Lease and Operation Exemption--Lines of Norfolk S. Ry. in Aiken 
Cnty., S.C., Docket No. FD 35665.
    The Hawkins, noncarrier individuals, own a controlling share of 
voting stock in WCRS, a noncarrier corporation. In turn, WCRS wholly 
owns Greenville & Western Railway Company, LLC, a Class III rail 
carrier.
    The transaction may be consummated on or after December 5, 2012 (30 
days after the notice of exemption was filed).\1\ The effective date of 
the related lease and operation exemption in Docket No. FD 35665 is 
November 30, 2012. WCRS and the Hawkins are reminded that they are not 
authorized to control AIKR until the continuance in control exemption 
becomes effective.
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    \1\ Applicants requested that the Board expedite this 
transaction by making the effective date of the exemption December 
1, 2012, to coincide with AIKR's proposed date to commence 
operations. Applicants have not, however, justified moving the 
effective date up four days.
---------------------------------------------------------------------------

    Applicants represent that: (1) The lines to be acquired by AIKR do 
not connect with any railroads in the corporate family; (2) the 
transaction is not part of a series of anticipated transactions that 
would connect the lines with other railroads in the 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. Stay petitions must be filed no later than November 28, 2012 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35691, 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 J. Marshall Lawson, 4840 Forest Drive, Suite 
6B, PMB-295, Columbia, SC 29206-4810.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: November 16, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-28328 Filed 11-20-12; 8:45 am]
BILLING CODE 4915-01-P

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