Housatonic Railroad Company, Inc., Maybrook Railroad Company, and Housatonic Transportation Company-Intra-Corporate Family Transaction Exemption, 17763-17764 [2013-06561]

Download as PDF Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices srobinson on DSK4SPTVN1PROD with NOTICES project area, including unique or problematic geologic formations or soils, prime farmland, and hydric soils, and analyze the potential impacts on these resources resulting from construction and operation of TRRC’s preferred route and each alternative. b. Evaluate potential measures that could be employed to avoid or to construct through unique or problematic geologic formations or soils. c. Evaluate the potential atmospheric deposition of rail traffic emissions on soil, including the possible accumulation of Polycyclic Aromatic Hydrocarbons (PAH) and heavy metals from the proposed line. d. Propose mitigation measures to minimize or eliminate potential project impacts to geology and soils, as appropriate. 9. Air Quality The EIS will: a. Evaluate the potential air quality impacts resulting from the proposed new rail line and the proposed operations, as well as combustion of the coal proposed to be transported on the TRRC line, as appropriate. b. Evaluate the air emissions associated with the proposed action, including coal dust and diesel emissions from locomotives and the potential associated human health effects, as appropriate. c. Include a life-cycle analysis of potential GHG emissions. d. Include relevant information from BLM’s Resource Management Plan air quality study and other relevant cumulative impact studies, as appropriate. e. Examine potential impacts of the proposed line and any coal mines that the proposed line might serve on visibility degradation and impacts to the Northern Cheyenne Class I airshed and sensitive Class II areas. f. Evaluate incremental consumption under EPA’s Prevention of Significant Deterioration (PSD) permitting program for cumulative emissions from the mines and other activities in the project area, as appropriate. g. Consider Montana State emission controls required on permitted sources in the baseline cumulative impacts analysis. h. Propose mitigation measures to minimize or eliminate potential projectrelated impacts to air quality, as appropriate. 10. Noise and Vibration The EIS will: a. Describe the potential noise and vibration impacts during rail line construction resulting from TRRC’s preferred route and each alternative. VerDate Mar<15>2010 18:27 Mar 21, 2013 Jkt 229001 b. Describe the potential noise and vibration impacts of new rail line operation resulting from TRRC’s preferred route and each alternative. c. Evaluate the potential noise and vibration impacts to the Mile City Fish Hatchery, as appropriate. d. Propose mitigation measures to minimize or eliminate potential project impacts to sensitive noise and vibration receptors, as appropriate. 11. Energy Resources The EIS will: a. Describe and evaluate the potential impact of the proposed line on the distribution of energy resources resulting from TRRC’s preferred route and each alternative, including petroleum and gas pipelines and overhead electric transmission lines. b. Describe and evaluate potential impacts of the proposed action on energy markets and the effect of energy markets on the proposed action. c. Propose mitigation measures to minimize or eliminate potential project impacts to energy resources, as appropriate. 12. Socioeconomics The EIS will: a. Analyze the socioeconomic effects of the proposed action, including effects of a potential influx of construction workers to the project area as a result of the proposed action and the potential increase in demand for local services. b. Propose mitigation measures to minimize or eliminate potential projectrelated adverse impacts to social and economic resources, as appropriate. 13. Cultural and Historic Resources The EIS will: a. Identify historic buildings, structures, sites, objects, or districts eligible for listing on or listed on the National Register of Historic Places (NRHP) within the Area of Potential Effect (APE) for TRRC’s preferred route and each alternative and analyze potential project-related impacts to them. b. In consultation with federallyrecognized tribes participating in the Section 106 process, identify properties of traditional religious and cultural importance to tribes and prehistoric or historic archaeological sites evaluated as potentially eligible, eligible, or listed on the NRHP (archaeological historic properties) within the APE for TRRC’s preferred route and each alternative, and analyze potential project-related impacts to them, including indirect visual effects. c. Propose measures to avoid, minimize, or mitigate potentially PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 17763 adverse project-related impacts to Traditional Cultural Properties (TCPs) and built-environment (e.g., buildings), archaeological historic properties, and cultural and historic resources, as appropriate. 14. Aesthetics The EIS will: a. Describe the potential visual impacts of the proposed rail line in the project area, including visual impacts to cultural resources, the Northern Cheyenne Reservation, and agricultural areas. b. Evaluate the need to use the BLM Visual Resource Management Manual. c. Propose mitigation measures to minimize or eliminate potential project impacts on aesthetics, as appropriate. 15. Environmental Justice The EIS will: a. Evaluate the potential impacts resulting from construction and operation of TRRC’s preferred route and each alternative on minority and lowincome populations. b. Propose mitigation measures to minimize or eliminate potential project impacts on environmental justice populations, as appropriate. 16. Cumulative Impacts The EIS will evaluate the cumulative and incremental impacts of the proposed action when added to other past, present, and reasonably foreseeable future actions in the project area, as appropriate. Decided: March 19, 2013. By the Board, Victoria Rutson, Director, Office of Environmental Analysis. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–06625 Filed 3–21–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35723] Housatonic Railroad Company, Inc., Maybrook Railroad Company, and Housatonic Transportation Company— Intra-Corporate Family Transaction Exemption Housatonic Railroad Company, Inc. (HRRC), Maybrook Railroad Company (MRC), and Housatonic Transportation Company (HTC) (collectively, applicants) have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) and 1180.2(d)(6) for an intra-corporate family transaction and a reincorporation in a different State. E:\FR\FM\22MRN1.SGM 22MRN1 17764 Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices srobinson on DSK4SPTVN1PROD with NOTICES Specifically, HRRC will transfer to MRC (but will continue to operate) a segment of railroad line, and HTC, a Delaware corporation, will reincorporate as a Connecticut corporation while remaining in control of HRRC and Coltsville Terminal Company (CTC). HTC, a noncarrier holding company, is the parent company of wholly owned subsidiaries HRRC, CTC, and a noncarrier subsidiary engaged in warehousing, reloading, and transloading operations. HRRC, a Class III rail carrier, operates rail lines in Connecticut and Massachusetts, including the Berkshire Line, which consists of three contiguous segments owned by MRC, the Connecticut Department of Transportation (CDOT), and HRRC, respectively.1 Applicants state that MRC is a ‘‘non-operating’’ rail carrier that owns rail lines in Connecticut. Applicants indicate that MRC, HTC, CTC, and HRRC are under common ownership and common control and are members of the Housatonic corporate family. According to applicants, HTC seeks to become a Connecticut corporation in lieu of continuing as a Delaware corporation. After its reincorporation in Connecticut, HTC will remain in control of HRRC and CTC. Applicants also seek to transfer to MRC ownership of the portion of the Berkshire Line now owned by HRRC. Applicants state that HRRC would continue to operate the line through retained perpetual and exclusive common carrier freight operating rights pursuant to an operating agreement between HRRC and MRC. Applicants anticipate consummating the proposed transaction on or after April 6, 2013, the effective date of the exemption (30 days after the exemption was filed). Applicants state that the purpose of the intra-corporate transaction is to streamline administration and enhance the financial condition of HTC and HRRC by consolidating ownership of the privately owned portion of the Berkshire Line, by relieving HRRC of the burden of the payment of a mortgage obligation secured by the property to be transferred, and by reducing administration expenses. Applicants state that HTC has no property, assets, or activities in Delaware and currently 1 The Berkshire Line is an approximately 86.3mile line located between Berkshire Junction in Danbury, Conn., and Pittsfield, Mass. Currently, MRC owns the 13.65-mile segment between Berkshire Junction and a point in New Milford, Conn., called Boardman’s Bridge; CDOT owns a 36.35-mile segment between Boardman’s Bridge and the Massachusetts state line at North Canaan, Conn./Sheffield, Mass.; and HRRC owns the 36.3mile portion between Sheffield and Pittsfield, Mass. VerDate Mar<15>2010 18:27 Mar 21, 2013 Jkt 229001 is qualified as a foreign corporation in Connecticut, thus creating unnecessary corporate administration, expenses, and taxes. The line transfer is a transaction within a corporate family exempted from prior review and approval under 49 CFR 1180.2(d)(3). Applicants state that the transaction will not result in adverse changes in service levels, significant operational changes, or any change in the competitive balance with carriers outside the corporate family. The reincorporation of HTC is the type of transaction specifically exempted from prior review and approval under 49 CFR 1180.2(d)(6). 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 applicants state that all of the carriers involved are Class III rail 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. Petitions for stay must be filed no later than March 29, 2013 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35723, 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 counsel for applicants, Edward J. Rodriguez, 8 Davis Road West, P.O. Box 687, Old Lyme, CT 06371. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: March 15, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2013–06561 Filed 3–21–13; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. EP 290 (Sub-No. 5) (2013–2)] Quarterly Rail Cost Adjustment Factor AGENCY: Surface Transportation Board, DOT. ACTION: Approval of rail cost adjustment factor. SUMMARY: The Board has approved the second quarter 2013 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The second quarter 2013 RCAF (Unadjusted) is 1.006. The second quarter 2013 RCAF (Adjusted) is 0.438. The second quarter 2013 RCAF– 5 is 0.414. DATES: Effective Date: April 1, 2013. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245–0333. Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877–8339. SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision, which is available on our Web site, http://www.stb.dot.gov. Copies of the decision may be purchased by contacting the Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245– 0238. Assistance for the hearing impaired is available through FIRS at (800) 877–8339. This action will not significantly affect either the quality of the human environment or energy conservation. Decided: March 19, 2013. By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–06662 Filed 3–21–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request March 19, 2013. The Department of the Treasury will submit the following information collection requests 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 April 22, 2013 to be assured of consideration. E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17763-17764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06561]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35723]


Housatonic Railroad Company, Inc., Maybrook Railroad Company, and 
Housatonic Transportation Company--Intra-Corporate Family Transaction 
Exemption

    Housatonic Railroad Company, Inc. (HRRC), Maybrook Railroad Company 
(MRC), and Housatonic Transportation Company (HTC) (collectively, 
applicants) have jointly filed a verified notice of exemption under 49 
CFR 1180.2(d)(3) and 1180.2(d)(6) for an intra-corporate family 
transaction and a reincorporation in a different State.

[[Page 17764]]

Specifically, HRRC will transfer to MRC (but will continue to operate) 
a segment of railroad line, and HTC, a Delaware corporation, will 
reincorporate as a Connecticut corporation while remaining in control 
of HRRC and Coltsville Terminal Company (CTC).
    HTC, a noncarrier holding company, is the parent company of wholly 
owned subsidiaries HRRC, CTC, and a noncarrier subsidiary engaged in 
warehousing, reloading, and transloading operations. HRRC, a Class III 
rail carrier, operates rail lines in Connecticut and Massachusetts, 
including the Berkshire Line, which consists of three contiguous 
segments owned by MRC, the Connecticut Department of Transportation 
(CDOT), and HRRC, respectively.\1\ Applicants state that MRC is a 
``non-operating'' rail carrier that owns rail lines in Connecticut. 
Applicants indicate that MRC, HTC, CTC, and HRRC are under common 
ownership and common control and are members of the Housatonic 
corporate family.
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    \1\ The Berkshire Line is an approximately 86.3-mile line 
located between Berkshire Junction in Danbury, Conn., and 
Pittsfield, Mass. Currently, MRC owns the 13.65-mile segment between 
Berkshire Junction and a point in New Milford, Conn., called 
Boardman's Bridge; CDOT owns a 36.35-mile segment between Boardman's 
Bridge and the Massachusetts state line at North Canaan, Conn./
Sheffield, Mass.; and HRRC owns the 36.3-mile portion between 
Sheffield and Pittsfield, Mass.
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    According to applicants, HTC seeks to become a Connecticut 
corporation in lieu of continuing as a Delaware corporation. After its 
reincorporation in Connecticut, HTC will remain in control of HRRC and 
CTC.
    Applicants also seek to transfer to MRC ownership of the portion of 
the Berkshire Line now owned by HRRC. Applicants state that HRRC would 
continue to operate the line through retained perpetual and exclusive 
common carrier freight operating rights pursuant to an operating 
agreement between HRRC and MRC.
    Applicants anticipate consummating the proposed transaction on or 
after April 6, 2013, the effective date of the exemption (30 days after 
the exemption was filed).
    Applicants state that the purpose of the intra-corporate 
transaction is to streamline administration and enhance the financial 
condition of HTC and HRRC by consolidating ownership of the privately 
owned portion of the Berkshire Line, by relieving HRRC of the burden of 
the payment of a mortgage obligation secured by the property to be 
transferred, and by reducing administration expenses. Applicants state 
that HTC has no property, assets, or activities in Delaware and 
currently is qualified as a foreign corporation in Connecticut, thus 
creating unnecessary corporate administration, expenses, and taxes.
    The line transfer is a transaction within a corporate family 
exempted from prior review and approval under 49 CFR 1180.2(d)(3). 
Applicants state that the transaction will not result in adverse 
changes in service levels, significant operational changes, or any 
change in the competitive balance with carriers outside the corporate 
family. The reincorporation of HTC is the type of transaction 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(6).
    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 applicants state 
that all of the carriers involved are Class III rail 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. 
Petitions for stay must be filed no later than March 29, 2013 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35723, 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 counsel for applicants, Edward J. Rodriguez, 
8 Davis Road West, P.O. Box 687, Old Lyme, CT 06371.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: March 15, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-06561 Filed 3-21-13; 8:45 am]
BILLING CODE 4915-01-P