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