Eastside Community Rail, LLC; Acquisition and Operation Exemption; GNP RLY, Inc., 70206-70207 [2012-28391]
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70206
Federal Register / Vol. 77, No. 226 / Friday, November 23, 2012 / Notices
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Title: Federal-Aid Highway
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relating to the Federal-aid highway
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Respondents: 11,077 annual
respondents for form PR–1391, and 52
STAs annual respondents for Form PR–
1392, total of 11,129.
Frequency: Annually.
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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
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total of 5,955 hours annually.
Public Comments Invited: You are
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Whether the proposed collection is
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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:
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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,
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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.
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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.
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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.
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]]>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]
-----------------------------------------------------------------------
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
