Carload Express, Inc.-Continuance in Control Exemption-Ohio Terminal Railway Company, 2482-2483 [2013-00457]

Download as PDF 2482 Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Notices mstockstill on DSK4VPTVN1PROD with the states in which they operate, see the notice of exemption filed on December 27, 2012, in this proceeding. Watco Holdings also states that it controls Watco Railroad, which directly controls Merger Sub. The transaction may be consummated on or after January 26, 2013 (30 days after the notice of exemption was filed). Applicants represent that: (1) The lines to be acquired by Merger Sub do not connect with any railroads in the corporate family; (2) the transaction is not a 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. Because the transaction involves the control of one Class II rail carrier and one or more Class III rail carriers, the transaction is subject to the labor protection requirements of 49 U.S.C. 11326(b) and Wisconsin Central Ltd.—Acquisition Exemption—Lines of Union Pacific Railroad, 2 S.T.B. 218 (1997). 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 January 18, 2013 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35699, 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 Karl Morell, Ball Janik, LLP, 655 15th Street NW., Suite 225, Washington, DC 20005. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: January 7, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–00442 Filed 1–10–13; 8:45 am] BILLING CODE 4915–01–P VerDate Mar<15>2010 16:38 Jan 10, 2013 Jkt 229001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35708] Koch Industries, Inc.—Acquisition of Control Exemption—Texas SouthEastern Railroad Company Koch Industries, Inc. (Koch), a noncarrier, has filed a verified notice of exemption to acquire indirect control of Texas South-Eastern Railroad Co. (TSE), a Class III rail carrier. Koch states that the transaction is part of an agreement in which GeorgiaPacific Building Products, an indirect wholly owned subsidiary of Koch, is purchasing from International Paper Company certain assets used in connection with, and certain equity interest relating to, Temple-Inland, Inc.’s building products business. Koch intends to consummate the transaction on or shortly after February 1, 2013 (the effective date of the exemption is January 26, 2013, 30 days after the verified notice was filed). Koch currently controls directly or indirectly four other Class III rail carriers in the states of Mississippi, Kansas, and Texas: Blue Rapids Railway Company, LLC; KM Railways, LLC.; Old Augusta Railroad, LLC.; and Moscow Camden and San Augustine Railroad, LLC. Koch states that: (1) The rail line does not connect with any railroads owned or controlled by Koch; (2) this transaction is not part of a series of anticipated transactions that would connect any of the railroads controlled by Koch with TSE; and (3) the transaction does not involve a Class I railroad. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 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 January 18, 2013 (at PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35708, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy must be served on David H. Coburn, Steptoe & Johnson LLP, 1330 Connecticut Ave. NW., Washington, DC 20036. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: January 8, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–00443 Filed 1–10–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35704] Carload Express, Inc.—Continuance in Control Exemption—Ohio Terminal Railway Company Carload Express, Inc. (CEI) has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Ohio Terminal Railway Company (OTRC), upon OTRC’s becoming a Class III rail carrier. OTRC is a wholly owned, corporate subsidiary of CEI. This transaction is related to a concurrently filed verified notice of exemption in Ohio Terminal Railway Company—Operation Exemption— Hannibal Real Estate, LLC, Docket No. FD 35703, wherein OTRC seeks Board approval to operate a 12.2-mile line, known as the Omal Secondary Track, from milepost 60.5 at or near Powhatan Point, to milepost 72.7 at or near Hannibal, in Monroe County, Ohio. CEI intends to consummate the transaction on January 27, 2013 (the effective date of this notice). CEI currently controls three Class III rail carriers: Allegheny Valley Railroad Company, Southwest Pennsylvania Railroad Company, and Camp Chase Railroad Company. The three Class III rail carriers operate rail lines in Pennsylvania and Ohio. CEI certifies that: (1) The rail lines to be operated by OTRC do not connect with any other railroads in the CEI corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect the rail lines to be operated by E:\FR\FM\11JAN1.SGM 11JAN1 Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Notices CEI with any other railroad in the CEI 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 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 January 18, 2013 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35704, 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 Richard R. Wilson, 518 N. Center Street, Ste. 100, Ebensburg, PA 15931. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: January 8, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–00457 Filed 1–10–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35703] mstockstill on DSK4VPTVN1PROD with Ohio Terminal Railway Company— Operation Exemption—Hannibal Real Estate, LLC Ohio Terminal Railway Company (OTRC),1 a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate a 12.2-mile line, known as the Omal Secondary Track, 1 OTRC is a wholly owned, corporate subsidiary of Carload Express, Inc. (CEI), a non-operating rail holding company. VerDate Mar<15>2010 16:38 Jan 10, 2013 Jkt 229001 from milepost 60.5 at or near Powhatan Point, to milepost 72.7 at or near Hannibal, in Monroe County, Ohio (the Line), pursuant to an operating agreement with Hannibal Real Estate, LLC (Hannibal). According to OTRC, in 1996, Ormet Railroad Corporation (ORC) acquired the Line from Conrail 2 and, subsequently, ORC was exempted from the requirements of 49 U.S.C. Subtitle IV pertaining to its ownership of the 12.2-mile line of railroad.3 OTRC states that, following the exemption, Hannibal was granted an easement over the Line by ORC in 2007 for the provision of rail service in connection with the development of an industrial park served by the Line. This transaction is related to a concurrently filed verified notice of exemption in Carload Express, Inc.— Continuance in Control Exemption— Ohio Terminal Railway Co., Docket No. FD 35704, wherein CEI seeks Board approval to continue in control of OTRC, upon OTRC’s becoming a Class III rail carrier. OTRC states that the operating agreement between OTRC and Hannibal does not contain any interchange commitments. OTRC also states that it will interchange with Norfolk Southern Railway at or near Powhatan Point, Ohio. The transaction may be consummated on or after January 27, 2013 (30 days after the notice of exemption was filed). OTRC certifies that its projected annual revenues as a result of the transaction will not result in OTRC’s becoming a Class II or Class I rail carrier and will 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. Stay petitions must be filed by January 18, 2013 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35703, 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 Richard R. Wilson, 518 N. Center Street, Ste. 100, Ebensburg, PA 15931. 2 See Ormet R.R.—Acquisition and Operation Exemption—Consol. Rail Corp., FD 32907 (STB served May 17, 1996). 3 See Ormet R.R.—Acquisition Exemption From 49 U.S.C. Subtitle IV, FD 32908 (STB served Oct. 16, 1996). PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 2483 Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: January 8, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–00458 Filed 1–10–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request January 7, 2013. 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 February 11, 2013 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. Internal Revenue Service (IRS) OMB Number: 1545–1442. Type of Review: Extension without change of a currently approved collection. Title: T.D. 8633—Grantor Trust Reporting Requirements. Abstract: The information required by these regulations is used by the Internal Revenue Service to ensure that items of income, deduction, and credit of a trust as owned by the grantor or another person are properly reported. Affected Public: Private Sector: Businesses or other for-profits. Estimated Total Burden Hours: 920,000. E:\FR\FM\11JAN1.SGM 11JAN1

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[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2482-2483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00457]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35704]


Carload Express, Inc.--Continuance in Control Exemption--Ohio 
Terminal Railway Company

    Carload Express, Inc. (CEI) has filed a verified notice of 
exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of 
Ohio Terminal Railway Company (OTRC), upon OTRC's becoming a Class III 
rail carrier. OTRC is a wholly owned, corporate subsidiary of CEI.
    This transaction is related to a concurrently filed verified notice 
of exemption in Ohio Terminal Railway Company--Operation Exemption--
Hannibal Real Estate, LLC, Docket No. FD 35703, wherein OTRC seeks 
Board approval to operate a 12.2-mile line, known as the Omal Secondary 
Track, from milepost 60.5 at or near Powhatan Point, to milepost 72.7 
at or near Hannibal, in Monroe County, Ohio.
    CEI intends to consummate the transaction on January 27, 2013 (the 
effective date of this notice).
    CEI currently controls three Class III rail carriers: Allegheny 
Valley Railroad Company, Southwest Pennsylvania Railroad Company, and 
Camp Chase Railroad Company. The three Class III rail carriers operate 
rail lines in Pennsylvania and Ohio.
    CEI certifies that: (1) The rail lines to be operated by OTRC do 
not connect with any other railroads in the CEI corporate family; (2) 
the continuance in control is not part of a series of anticipated 
transactions that would connect the rail lines to be operated by

[[Page 2483]]

CEI with any other railroad in the CEI 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 Sec. Sec.  
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 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 January 18, 2013 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35704, 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 Richard R. Wilson, 518 N. Center Street, 
Ste. 100, Ebensburg, PA 15931.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: January 8, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-00457 Filed 1-10-13; 8:45 am]
BILLING CODE 4915-01-P