South Carolina Division of Public Railways, d/b/a Palmetto Railways-Intra-Corporate Family Transaction Exemption-The Port Utilities Commission of Charleston, S.C., Port Terminal Railroad of South Carolina, and East Cooper and Berkeley Railroad Company, 56769-56770 [2013-22272]

Download as PDF Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES must be received on or before October 3, 2013. ADDRESSES: You may send comments identified by Docket Number FAA– 2013–0743 using any of the following methods: • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Andrea Copeland, ARM–208, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; email andrea.copeland@faa.gov; (202) 267–8081. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on September 9, 2013. Lirio Liu, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2013–0743 Petitioner: Metropolitan State University of Denver. Section of 14 CFR Affected: 14 CFR 61.160(b)(3)(i). VerDate Mar<15>2010 18:23 Sep 12, 2013 Jkt 229001 Description of Relief Sought: Metropolitan State University of Denver (MSUD) seeks relief to enable graduates of MSUD Aviation Technology program to qualify for the 1,000 hour restricted ATP certificate by enabling its students to take part 141 cross-listed ground school classes for the instrument rating and commercial ground school certificate held by Colorado Northwest Community College (CNCC), and require its students seeking the restricted certificate to conduct flight training under CNCCs part 141 flight training program, under a training agreement between MSUD and CNCC. [FR Doc. 2013–22262 Filed 9–12–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35764] Genesee & Wyoming Inc.—Corporate Family Transaction Exemption Genesee & Wyoming Inc. (GWI), a noncarrier holding company, filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a corporate family transaction within the family of business entities in which it owns controlling interests. According to GWI, it currently controls, directly and indirectly, 101 U.S. railroads. Applicant proposes to merge two of its intermediate holding company subsidiaries, GSW Acquisition Sub, Inc. and MMID Holding, Inc., with and into their respective Class III common carrier subsidiaries, Georgia Southwestern Railroad Company, Inc. (GSWR) and Maryland Midland Railway, Inc. (MMID). According to GWI, upon consummation of the mergers, it will have direct instead of indirect control of GSWR and MMID. Applicant anticipates consummating the proposed transaction on or after September 27, 2013, the effective date of the exemption (30 days after the exemption was filed). GWI states that the purpose of the proposed transaction is to eliminate two unnecessary intermediate subsidiaries, which will save unnecessary accounting and corporate maintenance. This is a transaction within a corporate family of the type exempted from prior review and approval under 49 CFR 1180.2(d)(3). GWI states that the transaction will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family. PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 56769 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 GWI controls one Class II rail carrier 1 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 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 September 20, 2013 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35764, 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 GWI, Eric M. Hocky, Clark Hill Thorp Reed, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: September 9, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2013–22261 Filed 9–12–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35762] South Carolina Division of Public Railways, d/b/a Palmetto Railways— Intra-Corporate Family Transaction Exemption—The Port Utilities Commission of Charleston, S.C., Port Terminal Railroad of South Carolina, and East Cooper and Berkeley Railroad Company South Carolina Division of Public Railways, d/b/a Palmetto Railways (SCPR), a Class III rail carrier, has filed a verified notice of exemption under 49 1 The Class II rail carrier is Buffalo & Pittsburgh Railroad, Inc. See Genesee & Wyoming Inc.— Control—RailAmerica, Inc., FD 35654, slip op. at 9 (STB served Dec. 20, 2012). E:\FR\FM\13SEN1.SGM 13SEN1 56770 Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES CFR 1180.2(d)(3) for an intra-corporate family transaction. According to SCPR, it owns the rail trackage and other physical assets of Class III rail carriers The Port Utilities Commission of Charleston, S.C. (PUCC), Port Terminal Railroad of South Carolina (PTR), and East Cooper and Berkeley Railroad Company (ECB), and it employs the workers on those railroads. Applicant explains that although PUCC, PTR, and ECB do not exist as separate, formal corporate or governmental entities but rather as the equivalent of divisions of SCPR, they have historically been treated as separate regulated entities.1 SCPR proposes to: (1) Eliminate PUCC, PTR, and ECB as separate rail carriers, which have been operating as Applicant’s divisions; and (2) consolidate their distinct common carrier authorities into Applicant, which will operate and market all of the rail lines under the name ‘‘Palmetto Railways.’’ SCPR states that the proposed transaction will clarify ambiguities regarding the regulatory status of PUCC, PTR, and ECB. This exemption will become effective on September 29, 2013. SCPR states that it intends to consummate the proposed transaction on October 1, 2013, but may not do so prior to the September 29, 2013 effective date of the exemption. Applicant states that the purpose of the proposed transaction is to clarify the regulatory status of SCPR’s rail operations and simplify various administrative and marketing functions. This is a transaction within a corporate family of the type exempted from prior review and approval under 49 CFR 1180.2(d)(3). SCPR states that the transaction will not result in adverse changes in service levels, significant 1 See Public-Convenience Application of Port Utilities Comm’n of Charleston, S.C., 90 I.C.C. 743 (1924) (certificate issued to PUCC to acquire and operate certain railroad terminal facilities in Charleston, S.C.); Port Terminal R.R. of S.C. Operation, 295 I.C.C. 819 (not printed in full, Aug. 6, 1956) (PTR obtained authority in its own name to operate trackage owned by the South Carolina State Ports Authority in North Charleston); The E. Cooper & Berkeley R.R.—Constr. & Operation—Line of R.R. Located in Berkeley Cnty., S.C., FD 28100 (ICC served July 15, 1977) (ECB obtained authority in its own name to construct and operate an approximately 15-mile rail line in an area north of Charleston); South Carolina Rys. Comm’n v. Seaboard Coast Line R.R., 365 I.C.C. 274 (1981) (PUCC and PTR described as terminal switching carriers); East Cooper & Berkeley R.R.— Construction & Operation Exemption—In Berkeley Cnty., S.C., FD 32704 (ICC served Dec. 13, 1995) (ECB granted an exemption to construct and operate a 1.7-mile single track rail line in South Carolina); and Port Terminal R.R.—Operation Exemption— Rail Line of the Charleston Naval Complex Redevelopment Auth., FD 35211 (STB served Feb. 19, 2009) (PTR granted an exemption to operate a rail line on the former Charleston Naval Base). VerDate Mar<15>2010 18:23 Sep 12, 2013 Jkt 229001 operational changes, or any change in the competitive balance with carriers outside the SCPR corporate family. 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 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 September 20, 2013 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35762, 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 Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: September 10, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–22272 Filed 9–12–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Comment Request; Lending Limits Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the public and other Federal agencies to comment on the renewal of an information collection, as required by SUMMARY: PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 the Paperwork Reduction Act of 1995. Under the Paperwork Reduction Act of 1995 (PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information and to allow 60 days for public comment in response to the notice. In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning renewal of its information collection titled, ‘‘Lending Limits.’’ DATES: Comments must be submitted on or before November 12, 2013. ADDRESSES: Because paper mail in the Washington, DC area and at the OCC is subject to delay, commenters are encouraged to submit comments by email if possible. Comments may be sent to: Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Attention: 1557–0317, 400 7th Street SW., Suite 3E–218, Mail Stop 9W–11, Washington, DC 20219. In addition, comments may be sent by fax to (571) 465–4326 or by electronic mail to regs.comments@ occ.treas.gov. You may personally inspect and photocopy comments at the OCC, 400 7th Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649–6700. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. All comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. FOR FURTHER INFORMATION CONTACT: You may request additional information from Johnny Vilela or Mary H. Gottlieb, OCC Clearance Officers, (202) 649–5490, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Suite 3E–218, Mail Stop 9W–11, Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), Federal agencies must obtain approval from the OMB for each collection of information E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Pages 56769-56770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22272]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35762]


South Carolina Division of Public Railways, d/b/a Palmetto 
Railways--Intra-Corporate Family Transaction Exemption--The Port 
Utilities Commission of Charleston, S.C., Port Terminal Railroad of 
South Carolina, and East Cooper and Berkeley Railroad Company

    South Carolina Division of Public Railways, d/b/a Palmetto Railways 
(SCPR), a Class III rail carrier, has filed a verified notice of 
exemption under 49

[[Page 56770]]

CFR 1180.2(d)(3) for an intra-corporate family transaction.
    According to SCPR, it owns the rail trackage and other physical 
assets of Class III rail carriers The Port Utilities Commission of 
Charleston, S.C. (PUCC), Port Terminal Railroad of South Carolina 
(PTR), and East Cooper and Berkeley Railroad Company (ECB), and it 
employs the workers on those railroads. Applicant explains that 
although PUCC, PTR, and ECB do not exist as separate, formal corporate 
or governmental entities but rather as the equivalent of divisions of 
SCPR, they have historically been treated as separate regulated 
entities.\1\
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    \1\ See Public-Convenience Application of Port Utilities Comm'n 
of Charleston, S.C., 90 I.C.C. 743 (1924) (certificate issued to 
PUCC to acquire and operate certain railroad terminal facilities in 
Charleston, S.C.); Port Terminal R.R. of S.C. Operation, 295 I.C.C. 
819 (not printed in full, Aug. 6, 1956) (PTR obtained authority in 
its own name to operate trackage owned by the South Carolina State 
Ports Authority in North Charleston); The E. Cooper & Berkeley 
R.R.--Constr. & Operation--Line of R.R. Located in Berkeley Cnty., 
S.C., FD 28100 (ICC served July 15, 1977) (ECB obtained authority in 
its own name to construct and operate an approximately 15-mile rail 
line in an area north of Charleston); South Carolina Rys. Comm'n v. 
Seaboard Coast Line R.R., 365 I.C.C. 274 (1981) (PUCC and PTR 
described as terminal switching carriers); East Cooper & Berkeley 
R.R.--Construction & Operation Exemption--In Berkeley Cnty., S.C., 
FD 32704 (ICC served Dec. 13, 1995) (ECB granted an exemption to 
construct and operate a 1.7-mile single track rail line in South 
Carolina); and Port Terminal R.R.--Operation Exemption--Rail Line of 
the Charleston Naval Complex Redevelopment Auth., FD 35211 (STB 
served Feb. 19, 2009) (PTR granted an exemption to operate a rail 
line on the former Charleston Naval Base).
---------------------------------------------------------------------------

    SCPR proposes to: (1) Eliminate PUCC, PTR, and ECB as separate rail 
carriers, which have been operating as Applicant's divisions; and (2) 
consolidate their distinct common carrier authorities into Applicant, 
which will operate and market all of the rail lines under the name 
``Palmetto Railways.'' SCPR states that the proposed transaction will 
clarify ambiguities regarding the regulatory status of PUCC, PTR, and 
ECB.
    This exemption will become effective on September 29, 2013. SCPR 
states that it intends to consummate the proposed transaction on 
October 1, 2013, but may not do so prior to the September 29, 2013 
effective date of the exemption.
    Applicant states that the purpose of the proposed transaction is to 
clarify the regulatory status of SCPR's rail operations and simplify 
various administrative and marketing functions.
    This is a transaction within a corporate family of the type 
exempted from prior review and approval under 49 CFR 1180.2(d)(3). SCPR 
states 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 SCPR corporate family.
    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 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 September 20, 2013 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35762, 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 Thomas J. Litwiler, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: September 10, 2013.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-22272 Filed 9-12-13; 8:45 am]
BILLING CODE 4915-01-P