Quarterly Rail Cost Adjustment Factor, 17764 [2013-06662]
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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.
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18:27 Mar 21, 2013
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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
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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, https://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.
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[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Page 17764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06662]
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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, https://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
