Charles Barenfanger, Jr.-Acquisition of Control Exemption-Vandalia Railroad Company 1, 41831-41832 [2013-16632]

Download as PDF Federal Register / Vol. 78, No. 133 / Thursday, July 11, 2013 / Notices emcdonald on DSK67QTVN1PROD with NOTICES number of actionable anomalies should equal three per the assessment data. The definition for the term repair presents another example of where modest changes to the instructions will improve the understanding of those entering the data as well as the quality of the data. Specifically, API and AOPL request that PHMSA adopt the term ‘‘repair’’ as included in the PPTS Advisory Bulletin: Reporting Integrity Management Program Activity in the Infrastructure Survey (2004), which defines ‘‘repair’’ as ‘‘a mechanical fix of some kind—a sleeve or clamp, for instance—that restores the pressurecontaining capability of the pipe.’’ A pipe repair can include the installation of pressure containing sleeves or nonpressure containing sleeves, replacement of a weld or welding to fill in an anomaly, and removal of stress concentrators through grinding. A repair should not include touching-up, reestablishing or replacing coating. A ‘‘replacement’’ on the other hand, is a type of repair. PHMSA’s Response: API’s and AOPL’s suggestion regarding instructions for reporting repairs is already partially implemented in PHMSA’s proposed changes. For example, the instructions clearly state that recoating is not considered a repair. However, the suggestion that replacement be treated as a type of repair directly conflicts with PHMSA’s proposal to collect actionable anomalies eliminated by pipe abandonment or replacement. PHMSA will proceed with collecting replacement data separately from repair data. Comment: High Consequence Area Mileage: API and AOPL request that PHMSA clarify the instructions on page 11 of the ‘‘60 day Version’’ of the Report’s General Instructions. Page 11 instructs operators that, ‘‘Part F includes inspection, assessment, and repair data both within and outside HCAs.’’ Although the instructions in Part F later detail section-by-section how to report mileage, AOPL and API request that PHMSA include a notation on this page noting that, ‘‘where 49 CFR 195.452 is cited, only ‘could affect’ HCA mileage should be reported,’’ to avoid potential confusion. PHMSA’s Response: PHMSA has modified page 11 of the instructions to clarify that ‘‘in HCA’’ means ‘‘on pipeline segments that could affect an HCA.’’ The following information is provided for each information collection: (1) Abstract for the affected annual report form; (2) title of the information collection; (3) OMB control number; (4) VerDate Mar<15>2010 18:23 Jul 10, 2013 Jkt 229001 affected annual report form; (5) description of affected public; (6) estimate of total annual reporting and recordkeeping burden; and (7) frequency of collection. PHMSA will request a three-year term of approval for each information collection activity and, when approved by OMB, publish a notice of the approval in the Federal Register. PHMSA requests comments on the following information collection: Title: Transportation of Hazardous Liquids by Pipeline: Recordkeeping and Annual Reporting. OMB Control Number: 2137–0614. Current Expiration Date: 1/31/2014. Type of Request: Revision. Abstract: To ensure adequate public protection from exposure to potential hazardous liquid pipeline failures, PHMSA collects information on reportable hazardous liquid pipeline accidents. Additional information is also obtained concerning the characteristics of an operator’s pipeline system on the Annual Report for Hazardous Liquid Pipeline Systems form (PHMSA F 7000–1.1). This information is needed for normalizing the accident information to provide for adequate safety trending. The form is required to be filed annually by June 15 of each year for the preceding calendar year. Affected Public: Hazardous liquid pipeline operators. Annual Reporting and Recordkeeping Burden: Total Annual Responses: 447. Total Annual Burden Hours: 8,063 (8,046 + 17). Frequency of collection: Annually. Comments are invited on: (a) The need for the proposed collection of information for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) The accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques. Issued in Washington, DC, on July 5, 2013. Jeffrey D. Wiese, Associate Administrator for Pipeline Safety. [FR Doc. 2013–16606 Filed 7–10–13; 8:45 am] BILLING CODE 4910–60–P PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 41831 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35744] Charles Barenfanger, Jr.—Acquisition of Control Exemption—Vandalia Railroad Company 1 Charles Barenfanger, Jr., a noncarrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire control of Vandalia Railroad Company (Vandalia), a Class III rail carrier. Under the proposed transaction, Barenfanger would acquire 51 percent of Vandalia.2 According to Barenfanger, he currently controls Effingham Railroad Company (EFR), a Class III rail carrier in Illinois, and Illinois Western Railroad Company (IWR).3 Barenfanger states that the proposed transaction is scheduled to be consummated no sooner than the effective date of the notice of exemption, but no later than 30 days after the filing of the verified notice of exemption. The earliest this transaction can be consummated is July 25, 2013, the effective date of the exemption (30 days after the verified notice of exemption was filed).4 Barenfanger represents that: (1) The properties to be operated by Vandalia and the properties operated by EFR and IWR do not connect with each other; 5 (2) the proposed transaction is not part of a series of anticipated transactions 1 In the verified notice of exemption initially filed on June 20, 2013, this proceeding was captioned as a ‘‘continuance in control’’ exemption, with Charles Barenfanger, Jr. and Agracel, Inc. (Agracel) as coapplicants. On June 25, 2013, however, Barenfanger filed a letter supplementing and clarifying the verified notice of exemption. As clarified, Barenfanger is the only party to whom the exemption will apply, and the described transaction involves an acquisition of control rather than continuance in control. See Class Exemption for Acquis. or Operation of Rail Lines by Class III Rail Carriers Under 49 U.S.C. 10902, EP 529, slip op. at 2 (STB served Nov. 29, 1996); Nev. 5, Inc.—Control Exemption—GTR Leasing LLC, FD 35635, slip op. at 1 n.1 (STB served June 15, 2012). The proceeding has been re-captioned accordingly. 2 Agracel, a company in which Barenfanger has no ownership interest, would acquire 49 percent of Vandalia. 3 See Ill. W. R.R.—Change in Operator Exemption—City of Greenville, Ill., FD 32853 (STB served Jan. 30, 1996). But see Effingham R.R.—Pet. for Declaratory Order—Constr. at Effingham, Ill., 2 S.T.B. 606 (1997), reconsideration denied (STB served Sept. 18, 1998), aff’d sub nom. United Transp. Union v. STB, 183 F.3d 606 (7th Cir. 1999). Barenfanger indicates that he owns 51 percent of EFR and IWR and that Agracel owns 49 percent of these companies. 4 Barenfanger’s verified notice of exemption is deemed to have been filed on June 25, 2013, the date Barenfanger filed his supplemental information. 5 In his June 25 letter, Barenfanger states that Vandalia operates in Vandalia, Ill.; EFR operates in Effingham, Ill.; and IWR operates in Greenville, Ill. E:\FR\FM\11JYN1.SGM 11JYN1 41832 Federal Register / Vol. 78, No. 133 / Thursday, July 11, 2013 / Notices that would connect the carriers with each other or any railroad in their corporate family; and (3) the transaction does not involve a Class I rail carrier. The proposed transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2). Barenfanger states that the purpose of the transaction is the achievement of operating efficiency and improved rail service in Vandalia, Ill. 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. Petitions for stay must be filed no later than July 18, 2013 (at least seven days before the exemption becomes effective). An original and ten copies of all pleadings, referring to Docket No. FD 35744, 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 John M. Robinson, Vinson & Elkins LLP, 2200 Pennsylvania Avenue NW., Suite 500 West, Washington, DC 20037–1701. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: July 5, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2013–16632 Filed 7–10–13; 8:45 am] BILLING CODE 4915–01–P emcdonald on DSK67QTVN1PROD with NOTICES DEPARTMENT OF THE TREASURY Open Meeting of the Financial Research Advisory Committee Office of Financial Research, Department of the Treasury. ACTION: Notice of open meeting. AGENCY: The Financial Research Advisory Committee for the Treasury’s SUMMARY: VerDate Mar<15>2010 18:23 Jul 10, 2013 Jkt 229001 Office of Financial Research (OFR) is convening for its second meeting on Thursday, August 1, 2013 in the Hearing Room, Securities and Exchange Commission, 3 World Financial Center, New York, NY 10281, beginning at 9:45 a.m. Eastern Time. The meeting will be open to the public via live webcast at https://www.treasury.gov/ofr and limited seating may also be available. DATES: The meeting will be held on Thursday, August 1, 2013, beginning at 9:45 a.m. Eastern Time. ADDRESSES: The meeting will be held in the Hearing Room, Securities and Exchange Commission, 3 World Financial Center, New York, NY 10281. The meeting will be open to the public via live webcast at https:// www.treasury.gov/ofr. A limited number of seats may be available for those interested in attending the meeting in person, and those seats would be on a first-come, first-served basis. Because the meeting will be held in a secured facility, members of the public who plan to attend the meeting must contact the Office of Financial Research (OFR) by email at andrea.b.ianniello@treasury.gov by 5 p.m. Eastern Time on July 17, 2013 to inform the OFR of their desire to attend the meeting and to receive further instructions about building clearance. FOR FURTHER INFORMATION CONTACT: Andrea Ianniello, Designated Federal Officer, Office of Financial Research, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220, (202) 622–3002 (this is not a toll-free number), andrea.b.ianniello@treasury.gov. Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: Notice of this meeting is provided in accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2, 10(a)(2), through implementing regulations at 41 CFR 102–3.150. Public Comment: Members of the public wishing to comment on the business of the Financial Research Advisory Committee are invited to submit written statements by any of the following methods: • Electronic Statements. Email the Committee’s Designated Federal Officer at andrea.b.ianniello@treasury.gov. • Paper Statements. Send paper statements in triplicate to the Financial Research Advisory Committee, Attn: Andrea Ianniello, Office of Financial Research, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 The OFR will post statements on its Web site, https://www.treasury.gov/ofr, including any business or personal information provided, such as names, addresses, email addresses, or telephone numbers. The OFR will also make such statements available for public inspection and copying in the Department of the Treasury’s library, Annex Room 1020, 1500 Pennsylvania Avenue NW., Washington, DC 20220 on official business days between the hours of 8:30 a.m. and 5:30 p.m. Eastern Time. You may make an appointment to inspect statements by telephoning (202) 622–0990. All statements, including attachments and other supporting materials, will be part of the public record and subject to public disclosure. You should submit only information that you wish to make available publicly. Tentative Agenda/Topics for Discussion: The Committee provides an opportunity for researchers, industry leaders, and other qualified individuals to offer their advice and recommendations to the OFR, which, among other things, is responsible for collecting and standardizing data on financial institutions and their activities and for supporting the work of financial regulatory agencies. This is the second meeting of the Financial Research Advisory Committee. At this meeting, the agenda will include OFR Senior Management Presentations on the activities of the OFR, Subcommittee reports to the Committee, and Committee recommendations. For more information on the OFR and the Committee, please visit the OFR Web site at https:// www.treasury.gov/ofr. Dated: July 3, 2013. Richard Berner, Director, Office of Financial Research. [FR Doc. 2013–16647 Filed 7–10–13; 8:45 am] BILLING CODE P DEPARTMENT OF THE TREASURY Departmental Offices; Debt Management Advisory Committee Meeting Notice is hereby given, pursuant to 5 U.S.C. App. 2, § 10(a)(2), that a meeting will be held at the Hay-Adams Hotel, 16th Street and Pennsylvania Avenue NW., Washington, DC, on July 30, 2013 at 9:30 a.m. of the following debt management advisory committee: Treasury Borrowing Advisory Committee of The Securities Industry and Financial Markets Association. The agenda for the meeting provides for a charge by the Secretary of the E:\FR\FM\11JYN1.SGM 11JYN1

Agencies

[Federal Register Volume 78, Number 133 (Thursday, July 11, 2013)]
[Notices]
[Pages 41831-41832]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16632]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35744]


Charles Barenfanger, Jr.--Acquisition of Control Exemption--
Vandalia Railroad Company \1\
---------------------------------------------------------------------------

    \1\ In the verified notice of exemption initially filed on June 
20, 2013, this proceeding was captioned as a ``continuance in 
control'' exemption, with Charles Barenfanger, Jr. and Agracel, Inc. 
(Agracel) as co-applicants. On June 25, 2013, however, Barenfanger 
filed a letter supplementing and clarifying the verified notice of 
exemption. As clarified, Barenfanger is the only party to whom the 
exemption will apply, and the described transaction involves an 
acquisition of control rather than continuance in control. See Class 
Exemption for Acquis. or Operation of Rail Lines by Class III Rail 
Carriers Under 49 U.S.C. 10902, EP 529, slip op. at 2 (STB served 
Nov. 29, 1996); Nev. 5, Inc.--Control Exemption--GTR Leasing LLC, FD 
35635, slip op. at 1 n.1 (STB served June 15, 2012). The proceeding 
has been re-captioned accordingly.
---------------------------------------------------------------------------

    Charles Barenfanger, Jr., a noncarrier, has filed a verified notice 
of exemption under 49 CFR 1180.2(d)(2) to acquire control of Vandalia 
Railroad Company (Vandalia), a Class III rail carrier.
    Under the proposed transaction, Barenfanger would acquire 51 
percent of Vandalia.\2\ According to Barenfanger, he currently controls 
Effingham Railroad Company (EFR), a Class III rail carrier in Illinois, 
and Illinois Western Railroad Company (IWR).\3\
---------------------------------------------------------------------------

    \2\ Agracel, a company in which Barenfanger has no ownership 
interest, would acquire 49 percent of Vandalia.
    \3\ See Ill. W. R.R.--Change in Operator Exemption--City of 
Greenville, Ill., FD 32853 (STB served Jan. 30, 1996). But see 
Effingham R.R.--Pet. for Declaratory Order--Constr. at Effingham, 
Ill., 2 S.T.B. 606 (1997), reconsideration denied (STB served Sept. 
18, 1998), aff'd sub nom. United Transp. Union v. STB, 183 F.3d 606 
(7th Cir. 1999). Barenfanger indicates that he owns 51 percent of 
EFR and IWR and that Agracel owns 49 percent of these companies.
---------------------------------------------------------------------------

    Barenfanger states that the proposed transaction is scheduled to be 
consummated no sooner than the effective date of the notice of 
exemption, but no later than 30 days after the filing of the verified 
notice of exemption. The earliest this transaction can be consummated 
is July 25, 2013, the effective date of the exemption (30 days after 
the verified notice of exemption was filed).\4\
---------------------------------------------------------------------------

    \4\ Barenfanger's verified notice of exemption is deemed to have 
been filed on June 25, 2013, the date Barenfanger filed his 
supplemental information.
---------------------------------------------------------------------------

    Barenfanger represents that: (1) The properties to be operated by 
Vandalia and the properties operated by EFR and IWR do not connect with 
each other; \5\ (2) the proposed transaction is not part of a series of 
anticipated transactions

[[Page 41832]]

that would connect the carriers with each other or any railroad in 
their corporate family; and (3) the transaction does not involve a 
Class I rail carrier. The proposed transaction is therefore exempt from 
the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 
1180.2(d)(2). Barenfanger states that the purpose of the transaction is 
the achievement of operating efficiency and improved rail service in 
Vandalia, Ill.
---------------------------------------------------------------------------

    \5\ In his June 25 letter, Barenfanger states that Vandalia 
operates in Vandalia, Ill.; EFR operates in Effingham, Ill.; and IWR 
operates in Greenville, Ill.
---------------------------------------------------------------------------

    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. Petitions for stay must be filed no later than July 18, 2013 
(at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35744, 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 John M. Robinson, Vinson & Elkins LLP, 2200 
Pennsylvania Avenue NW., Suite 500 West, Washington, DC 20037-1701.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: July 5, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-16632 Filed 7-10-13; 8:45 am]
BILLING CODE 4915-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.