Eastside Community Rail, LLC; Acquisition and Operation Exemption; GNP RLY, Inc., 70206-70207 [2012-28391]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 70206 Federal Register / Vol. 77, No. 226 / Friday, November 23, 2012 / Notices Hand Delivery or Courier: U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Joyce Gottlieb, 202–366–3664, Office of Civil Rights, Federal Highway Administration, Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: Federal-Aid Highway Construction Equal Employment Opportunity. Background: Title 23, Part 140(a), requires the FHWA to ensure equal opportunity regarding contractors’ employment practices on Federal-aid highway projects. To carry out this requirement, the contractors must submit to the State Transportation Agencies (STAs) on all work being performed on Federal-aid contracts during the month of July, a report on its employment workforce data. This report provides the employment workforce data on these contracts and includes the number of minorities, women, and nonminorities in specific highway construction job categories. This information is reported on Form PR– 1391, Federal-Aid Highway Construction Contractors Summary of Employment Data. The statute also requires the STAs to submit a report to the FHWA summarizing the data entered on the PR–1391 forms. This summary data is provided on Form PR– 1392, Federal-Aid Highway Construction Contractors Summary of Employment Data. The STAs and FHWA use this data to identify patterns and trends of employment in the highway construction industry, and to determine the adequacy and impact of the STA’s and FHWA’s contract compliance and on-the-job (OJT) training programs. The STAs use this information to monitor the contractorsemployment and training of minorities and women in the traditional highway construction crafts. Additionally, the data is used by FHWA to provide summarization, trend analyses to Congress, DOT, and FHWA officials as well as others who request information relating to the Federal-aid highway construction EEO program. The information is also used in making decisions regarding resource allocation; program emphasis; marketing and promotion activities; training; and compliance efforts. VerDate Mar<15>2010 17:03 Nov 21, 2012 Jkt 229001 Respondents: 11,077 annual respondents for form PR–1391, and 52 STAs annual respondents for Form PR– 1392, total of 11,129. Frequency: Annually. Estimated Average Burden per Response: FHWA estimates it takes 30 minutes for Federal-aid contractors to complete and submit Form PR–1391 and 8 hours for STAs to complete and submit Form PR–1392. Estimated Total Amount Burden Hours: Form PR–1391- 5,539 hours per year; Form PR–1392- 416 hours per year, total of 5,955 hours annually. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA’s performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. Issued On: November 19, 2012. Victoria Scott, Business Operations Group Manager, Information Technology Division. [FR Doc. 2012–28448 Filed 11–21–12; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), DOT. ACTION: Notice; correction. AGENCY: This notice corrects an error in the FHWA notice published on October 10, 2012, at 77 FR 61654. That notice provided an incorrect reference to a statute of limitations timeframe, and an incorrect date. DATES: This notice is effective November 23, 2012. FOR FURTHER INFORMATION CONTACT: ´ Manuel E. Sanchez, Senior Transportation Engineer/Border Engineer, Federal Highway Administration—California Division, 401 B Street, Suite 800, San Diego, CA 92101, Regular Office Hours: 6:30 a.m. to 4:00 p.m., Telephone: (619) 699– 7336, Email: manuel.sanchez@dot.gov, or Bruce L. April, Deputy District Director—Environmental, Caltrans District 11, 4050 Taylor Street, MS 242, San Diego, CA 92110, Regular Office Hours: 8:00 a.m. to 5:00 p.m., Telephone: (619) 688–0100, Email: Bruce_April@dot.ca.gov. SUPPLEMENTARY INFORMATION: On October 10, 2012, at 77 FR 61654, the FHWA published a notice regarding actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the proposed State Route 11 and Otay Mesa East Land Port of Entry project in the City and County of San Diego, State of California. The original notice indicated that claims seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before April 8, 2013, which represents 180 days after publication in the Federal Register. However, the recently enacted ‘‘Moving Ahead for Progress in the 21st Century Act’’ (MAP–21) (Sec. 1308, Pub. L. 112– 141, 126 STAT. 405), amended 23 U.S.C. 139(l)(1) as of October 1, 2012, to provide that any claim seeking judicial review of the Federal agency actions on a highway project is barred unless the claim is filed 150 days after publication of a notice in the Federal Register. As such, any claim seeking judicial review of the above referenced highway project will be barred unless the claim is filed on or before March 9, 2013. Also, if the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such a claim, then that shorter time period still applies. Authority: 23 U.S.C. 139(l); Sec. 1308, Pub. L. 112–141, 126 Stat. 405. Vincent P. Mammano, Division Administrator, Federal Highway Administration, Sacramento, California. [FR Doc. 2012–28409 Filed 11–21–12; 8:45 am] BILLING CODE 4910–22–P SUMMARY: PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35692] Eastside Community Rail, LLC; Acquisition and Operation Exemption; GNP RLY, Inc. Eastside Community Rail, LLC (ECR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire, pursuant to an Asset Purchase Agreement dated September 5, 2012, E:\FR\FM\23NON1.SGM 23NON1 Federal Register / Vol. 77, No. 226 / Friday, November 23, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES between ECR and the Bankruptcy Trustee for GNP RLY, Inc. (GNP), all of GNP’s assets, lease and operating rights including, inter alia, all assets and operating agreements pertaining to a line of railroad (the Line) 1 between approximately milepost 23.8 southwest of Woodinville and approximately milepost 38.25 in Snohomish, a distance of 14.45 miles, in King and Snohomish Counties, Wash.2 ECR states that, pending the closing of the transaction, ECR and Ballard Terminal Railroad Company (Ballard) entered into an Interim Operating Agreement with the Bankruptcy Trustee of GNP in which ECR will manage the assets of GNP and Ballard will continue to operate the Line in the same fashion that it did while operating the Line for GNP.3 ECR states that it plans to consummate the transaction on or after December 8, 2012. Unless stayed, the effective date of the exemption will be December 7, 2012 (30 days after the verified notice was filed). ECR certifies that its projected annual revenues as a result of this transaction will not exceed $5 million and will not 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 1 Those rights encompass all of GNP’s assets and operating agreements pertaining to the Line, including, but not limited to, the following: All of GNP’s rights and interests under the Railroad Rightof-Way License between Port of Seattle and GNP, dated on or about December 18, 2009; all of GNP’s rights and interests under the Operations Maintenance Agreement between the Port of Seattle and GNP, dated on or about December 18, 2009; all of GNP’s rights and interests under the Running Rights and Railway Operations Agreement dated May 23, 2008 between GNP and Snohomish County; all of GNP’s rights and interests in all real property and easements described in Quit Claim Deeds recorded under Snohomish County AF 20091218001535, 20091218001536, 20091218001537, 20091218001538, 20091218001539, 20091218001540 and King County AF 200912201438 and 20091220439; and all car hire agreements and interchange agreements. 2 The Line previously was owned by BNSF Railway Company (BNSF). GNP was granted authority to acquire from BNSF an exclusive freight rail operating easement for operations on the Line in GNP Rly Inc.—Acquisition & Operation Exemption—BNSF Railway, FD 35213 (STB served Feb. 13, 2009). In 2011, GNP filed for bankruptcy in the United States Bankruptcy Court for the Western District of Washington. 3 GNP indicates that Ballard has been operating the Line for several years as an agent of GNP. ECR states that it will be a non-operating common carrier on the Line, and that, once ECR acquires the Line, it will either sublease rights on the Line to Ballard or utilize Ballard as its agent for rail operations on the Line. VerDate Mar<15>2010 17:03 Nov 21, 2012 Jkt 229001 the exemption. Petitions to stay must be filed no later than November 30, 2012 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35692, 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 Myles L. Tobin, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: November 19, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–28391 Filed 11–21–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request November 19, 2012. The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before December 24, 2012 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestion for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at OIRA_Submission@OMB.EOP.GOV and (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8140, Washington, DC 20220, or email at PRA@treasury.gov. FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be obtained by calling (202) 927–5331, email at PRA@treasury.gov, or the entire information collection request may be found at www.reginfo.gov. Terrorism Risk Insurance Program OMB Number: 1505–0207. Type of Review: Revision of a currently approved collection. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 70207 Title: Recoupment Provisions of the Terrorism Risk Insurance Act (TRIA). Form: TRIP 04A & 04B. Abstract: Section 103(e) of the Terrorism Risk Insurance Act of 2002 gives Treasury authority to recoup federal payments made under the Program through policyholder surcharges, up to a maximum annual limit. The Secretary is required to provide for insurers to collect these amounts and remit them to Treasury. In order to determine how and when to initiate the recoupment process Treasury will require information about industry aggregate total insured losses, insurer deductibles and reserves and may need to issue a ‘‘data call’’ to supplement existing industry reporting. If recoupment is initiated, insurers will be required to report and remit the Federal Terrorism Policy Surcharge. Treasury will require access to all books, documents, papers and records of an insurer that are pertinent to the Surcharge for the purpose of investigation, confirmation, audit and examination. The record keeping and reporting requirements will arise only after Treasury has initiated the recoupment process. Affected Public: Private Sector: Businesses or other for-profits. Estimated Total Burden Hours: 121,000. OMB Number: 1505–0208. Type of Review: Extension without change of a currently approved collection. Title: Terrorism Risk Insurance Program Cap on Annual Liability. Form: TRIP 05. Abstract: Section 103 of the Terrorism Risk Insurance Act of 2002 (the Act), as amended by the Reauthorization Act, sets a limit on the annual liability for insured losses at $100 billion. This section requires the Secretary of the Treasury to notify Congress not later than 15 days after the date of an act of terrorism as to whether aggregate insured losses are estimated to exceed the cap. The Act, as amended, also requires the Secretary to determine the pro rata share of insured losses under the Program when insured losses exceed the cap, and to issue regulations for carrying this out. In order to meet these requirements, Treasury may need to obtain loss information from involved insurers. This would be accomplished by the issuance of a ‘‘data call’’ to ascertain insurer losses. In the event of the imposition on insurers of a ‘‘pro rata loss percentage’’, it will be necessary to determine compliance when processing insurer claims for payment of the Federal share of compensation. E:\FR\FM\23NON1.SGM 23NON1

Agencies

[Federal Register Volume 77, Number 226 (Friday, November 23, 2012)]
[Notices]
[Pages 70206-70207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28391]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35692]


Eastside Community Rail, LLC; Acquisition and Operation 
Exemption; GNP RLY, Inc.

    Eastside Community Rail, LLC (ECR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire, pursuant 
to an Asset Purchase Agreement dated September 5, 2012,

[[Page 70207]]

between ECR and the Bankruptcy Trustee for GNP RLY, Inc. (GNP), all of 
GNP's assets, lease and operating rights including, inter alia, all 
assets and operating agreements pertaining to a line of railroad (the 
Line) \1\ between approximately milepost 23.8 southwest of Woodinville 
and approximately milepost 38.25 in Snohomish, a distance of 14.45 
miles, in King and Snohomish Counties, Wash.\2\
---------------------------------------------------------------------------

    \1\ Those rights encompass all of GNP's assets and operating 
agreements pertaining to the Line, including, but not limited to, 
the following: All of GNP's rights and interests under the Railroad 
Right-of-Way License between Port of Seattle and GNP, dated on or 
about December 18, 2009; all of GNP's rights and interests under the 
Operations Maintenance Agreement between the Port of Seattle and 
GNP, dated on or about December 18, 2009; all of GNP's rights and 
interests under the Running Rights and Railway Operations Agreement 
dated May 23, 2008 between GNP and Snohomish County; all of GNP's 
rights and interests in all real property and easements described in 
Quit Claim Deeds recorded under Snohomish County AF 20091218001535, 
20091218001536, 20091218001537, 20091218001538, 20091218001539, 
20091218001540 and King County AF 200912201438 and 20091220439; and 
all car hire agreements and interchange agreements.
    \2\ The Line previously was owned by BNSF Railway Company 
(BNSF). GNP was granted authority to acquire from BNSF an exclusive 
freight rail operating easement for operations on the Line in GNP 
Rly Inc.--Acquisition & Operation Exemption--BNSF Railway, FD 35213 
(STB served Feb. 13, 2009). In 2011, GNP filed for bankruptcy in the 
United States Bankruptcy Court for the Western District of 
Washington.
---------------------------------------------------------------------------

    ECR states that, pending the closing of the transaction, ECR and 
Ballard Terminal Railroad Company (Ballard) entered into an Interim 
Operating Agreement with the Bankruptcy Trustee of GNP in which ECR 
will manage the assets of GNP and Ballard will continue to operate the 
Line in the same fashion that it did while operating the Line for 
GNP.\3\
---------------------------------------------------------------------------

    \3\ GNP indicates that Ballard has been operating the Line for 
several years as an agent of GNP. ECR states that it will be a non-
operating common carrier on the Line, and that, once ECR acquires 
the Line, it will either sublease rights on the Line to Ballard or 
utilize Ballard as its agent for rail operations on the Line.
---------------------------------------------------------------------------

    ECR states that it plans to consummate the transaction on or after 
December 8, 2012. Unless stayed, the effective date of the exemption 
will be December 7, 2012 (30 days after the verified notice was filed).
    ECR certifies that its projected annual revenues as a result of 
this transaction will not exceed $5 million and will not 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. Petitions to stay must be filed no later than November 30, 
2012 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35692, 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 Myles L. Tobin, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: November 19, 2012.
    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-28391 Filed 11-21-12; 8:45 am]
BILLING CODE 4915-01-P