Genesee & Wyoming Inc.-Continuance in Control Exemption-Rapid City, Pierre & Eastern Railroad, Inc, 17235-17236 [2014-06777]

Download as PDF Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices of the CSSDA. As required under 49 CFR 1150.33(h)(1), RCP&E provided additional information concerning the interchange commitment.8 This transaction is related to a concurrently filed verified notice of exemption in Genesee & Wyoming Inc.—Continuance in Control Exemption—Rapid City, Pierre & Eastern Railroad, Inc., Docket No. FD 35800, wherein GWI seeks Board approval under 49 CFR 1180.2(d)(2) to continue in control of RCP&E, upon RCP&E’s becoming a Class II rail carrier.9 The earliest the transaction could be consummated is April 25, 2014, the effective date of the exemption (45 days after the exemption was filed).10 The parties expect to consummate the transaction shortly after the exemption becomes effective, assuming all other conditions to closing have been satisfied by that time. 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 would not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than April 11, 2014, which is 14 days before the exemption could become effective.11 An original and 10 copies of all pleadings, referring to Docket No. FD 35799 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 Eric M. Hocky, Clark Hill PLC, 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: March 24, 2014. 8 See Verified Notice of Exemption 7–8. DM&E West Lines also are the subject of an ongoing proceeding before the Board. In that proceeding, the State of South Dakota, by and through its Department of Transportation (State), filed a petition asking the Board to enforce three representations allegedly made by CP during the 2008 acquisition-of-control proceeding regarding investments that CP would make in DM&E and IC&E (collectively in that proceeding, DME). The Board issued decisions allowing the State to engage in discovery concerning those claims and setting a procedural schedule. See Canadian Pac. Ry.— Control—Dakota, Minn. & E. R.R., FD 35081 (SubNo. 2) (STB served Dec. 20, 2013, and Mar. 10, 2014). Discovery remains ongoing in that proceeding. 10 See 49 CFR 1150.35(e). 11 See 49 CFR 1150.35(f). tkelley on DSK3SPTVN1PROD with NOTICES 9 The VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clerance Clerk. [FR Doc. 2014–06820 Filed 3–26–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35800] Genesee & Wyoming Inc.— Continuance in Control Exemption— Rapid City, Pierre & Eastern Railroad, Inc Genesee & Wyoming Inc. (GWI), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2), to continue in control of Rapid City, Pierre & Eastern Railroad, Inc. (RCP&E), a noncarrier, together with other railroads in GWI’s corporate family, upon RCP&E’s becoming a Class II railroad. This transaction is related to a concurrently filed verified notice of exemption in Rapid City, Pierre & Eastern Railroad, Inc.—Acquisition and Operation Exemption Including Interchange Commitment—Dakota, Minnesota & Eastern Railroad Corporation, Docket No. FD 35799, wherein RCP&E seeks Board approval under 49 CFR 1150.35 to acquire from Dakota, Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific (DM&E) 1 and to operate approximately 670 miles of rail lines known as the DM&E West Lines.2 Upon consummation, RCP&E would own and operate rail lines in Nebraska, Minnesota, South Dakota, and Wyoming.3 RCP&E would also acquire approximately 219 miles of incidental 1 In Canadian Pacific Railway—Control—Dakota, Minnesota & Eastern Railroad, FD 35081 (STB served Sept. 30, 2008), the Board approved an application allowing Canadian Pacific Railway Company (CP) to acquire indirect control of DM&E and DM&E’s wholly owned rail subsidiary, Iowa, Chicago & Eastern Railroad Corporation (IC&E). 2 The DM&E West Lines also are the subject of an ongoing proceeding before the Board. In that proceeding, the State of South Dakota, by and through its Department of Transportation (State), filed a petition asking the Board to enforce three representations allegedly made by CP during the 2008 acquisition-of-control proceeding regarding investments that CP would make in DM&E and IC&E (collectively in that proceeding, DME). The Board issued decisions allowing the State to engage in discovery concerning those claims and setting a procedural schedule. See Canadian Pac. Ry.— Control—Dakota, Minn. & E. R.R., FD 35081 (SubNo. 2) (STB served Dec. 20, 2013, and Mar. 10, 2014). Discovery remains ongoing in that proceeding. 3 RCP&E will also be acquiring a line in Nebraska that is currently leased to and operated by Nebraska Northwestern Railroad, Inc. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 17235 trackage rights over connecting lines of DM&E and other carriers. The purpose of this verified notice of exemption is to enable GWI to continue in control of RCP&E, together with the other railroads in GWI’s corporate family, upon RCP&E’s becoming a Class II carrier. GWI points out that the transaction would allow RCP&E to take advantage of the administrative, marketing, and operational support that GWI can provide. In addition, according to GWI, as a long-term holder of short line railroads, GWI’s ownership of RCP&E should provide shippers with the comfort of stable ongoing rail service. Although this exemption could become effective on April 10, 2014 (30 days after the notice of exemption was filed), the parties do not intend to consummate this transaction until the concurrently filed notice of exemption in Docket No. FD 35799 becomes effective and all other closing conditions have been met. That exemption could become effective on April 25, 2014 (45 days after that exemption was filed).4 GWI notes that it currently controls, directly or indirectly, one Class II carrier and 100 Class III carriers operating in the United States.5 GWI represents that: (1) None of the railroads controlled by GWI would connect with the rail lines being acquired by RCP&E, or with the incidental trackage rights associated with RCP&E’s acquisition; (2) the continuance in control is not part of a series of anticipated transactions that would connect RCP&E with the rail lines of any other carriers in GWI’s corporate family; and (3) the transaction does not involve a Class I rail carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). 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. As a condition to the use of this exemption, any employees adversely affected by this transaction will be protected by the conditions set forth in New York Dock Railway— Control—Brooklyn Eastern District Terminal, 360 I.C.C. 60 (1979). 4 See 49 CFR 1150.35(e). was authorized, subject to conditions, to control RailAmerica, Inc., and its subsidiary railroads in Genesee & Wyoming Inc.—Control— RailAmerica, Inc., FD 35654 (STB served December 20, 2012). GWI provides with its notice of exemption a map showing the locations of the GWIcontrolled railroads. 5 GWI E:\FR\FM\27MRN1.SGM 27MRN1 17236 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices 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 would not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than April 3, 2014 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35800 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 Eric M. Hocky, Clark Hill PLC, 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.’’ By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2014–06777 Filed 3–26–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Proposed Collection; Comment Request; Office of the Assistant Secretary for Financial Markets Departmental Office, Treasury. Notice and request for comments. AGENCY: ACTION: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on a revision of an existing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104– 13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Office of the Assistant Secretary for Financial Markets, within the Department of the Treasury, is soliciting comments concerning the New Issue Bond Program and Temporary Credit and Liquidity Program. DATES: Written comments should be received on or before May 27, 2014 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestions for reducing the burden, to the Preston Atkins, Director of the HFA Initiative, Room 1136J, Main Treasury Building, Washington, DC 20220 or email at HFAReporting@treasury.gov. tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Preston Atkins, Director of the HFA Initiative, Room 1136J, Main Treasury Building, Washington, DC 20220 or email at HFAReporting@treasury.gov. SUPPLEMENTARY INFORMATION: OMB Control Number: 1505–0224. Title: New Issue Bond Program and Temporary Credit and Liquidity Program. Abstract: Authorized under section 304(g) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(g)) and Section 306(l) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1455(l), as amended by the Housing and Economic Recovery Act (HERA) of 2008 (Pub. L. 110–289; approved July 30, 2008) the Department of the Treasury (Treasury) implemented two programs under the HFA (Housing Finance Agency) Initiative. The statute provides the Secretary authority to purchase securities and obligations of Fannie Mae and Freddie Mac (the GSEs) as he determines necessary to stabilize the financial markets, prevent disruptions in the availability of mortgage finance, and to protect the taxpayer. On December 4, 2009, the Secretary made the appropriate determination to authorize the two programs of the HFA Initiative: The New Issue Bond Program (NIBP) and the Temporary Credit and Liquidity Program (TCLP). Under the NIBP, Treasury purchased securities from the GSEs backed by mortgage revenue bonds issued by participating state and local HFAs. Under the TCLP, Treasury purchased a participation interest from the GSEs in temporary credit and liquidity facilities provided to participating HFAs as a liquidity backstop on their variable-rate debt. In order to properly manage the two programs of the initiative, continue to protect the taxpayer, and assure compliance with the Programs’ provisions, Treasury instituted a series of data collection requirements to be completed by participating HFAs and furnished to Treasury through the GSEs. Type of Review: Revision of a currently approved collection. Affected Public: Private sector: Businesses or other for profit institutions; not-for-profit institutions. Estimated Number of Respondents: 66. Estimated Annual Response: 3,674. Estimated Annual Burden Hours: 19,359. Request For Comment: Comments submitted in response to this notice will be summarized and included in the PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 request for Office of Management and Budget approval. All comments will become a matter of public record. The public is invited to submit comments concerning: (a) Whether the collection of information is necessary 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 collection of information; (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 respondents, including the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: March 24, 2014. Dawn D. Wolfgang, Treasury PRA Clearance Officer. [FR Doc. 2014–06819 Filed 3–26–14; 8:45 am] BILLING CODE 4810–25–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0770] Proposed Information Collection Activity: Proposed Collection; Comment Request Department of Veterans Affairs. Notice. AGENCY: ACTION: The Department of Veterans Affairs, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public to take this opportunity to comment on the ‘‘Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery ’’ for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. seq.). This collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. This notice announces our intent to submit this collection to OMB for approval and solicits comments on specific aspects for the proposed information collection. DATES: Consideration will be given to all comments received by May 27, 2014. ADDRESSES: Submit written comments on the collection of information to Crystal Rennie, (005R1B), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420. Please refer to ‘‘OMB Control No. 2900–0770’’ in any correspondence. SUMMARY: E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17235-17236]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06777]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35800]


Genesee & Wyoming Inc.--Continuance in Control Exemption--Rapid 
City, Pierre & Eastern Railroad, Inc

    Genesee & Wyoming Inc. (GWI), a noncarrier, has filed a verified 
notice of exemption pursuant to 49 CFR 1180.2(d)(2), to continue in 
control of Rapid City, Pierre & Eastern Railroad, Inc. (RCP&E), a 
noncarrier, together with other railroads in GWI's corporate family, 
upon RCP&E's becoming a Class II railroad.
    This transaction is related to a concurrently filed verified notice 
of exemption in Rapid City, Pierre & Eastern Railroad, Inc.--
Acquisition and Operation Exemption Including Interchange Commitment--
Dakota, Minnesota & Eastern Railroad Corporation, Docket No. FD 35799, 
wherein RCP&E seeks Board approval under 49 CFR 1150.35 to acquire from 
Dakota, Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific 
(DM&E) \1\ and to operate approximately 670 miles of rail lines known 
as the DM&E West Lines.\2\ Upon consummation, RCP&E would own and 
operate rail lines in Nebraska, Minnesota, South Dakota, and 
Wyoming.\3\ RCP&E would also acquire approximately 219 miles of 
incidental trackage rights over connecting lines of DM&E and other 
carriers.
---------------------------------------------------------------------------

    \1\ In Canadian Pacific Railway--Control--Dakota, Minnesota & 
Eastern Railroad, FD 35081 (STB served Sept. 30, 2008), the Board 
approved an application allowing Canadian Pacific Railway Company 
(CP) to acquire indirect control of DM&E and DM&E's wholly owned 
rail subsidiary, Iowa, Chicago & Eastern Railroad Corporation 
(IC&E).
    \2\ The DM&E West Lines also are the subject of an ongoing 
proceeding before the Board. In that proceeding, the State of South 
Dakota, by and through its Department of Transportation (State), 
filed a petition asking the Board to enforce three representations 
allegedly made by CP during the 2008 acquisition-of-control 
proceeding regarding investments that CP would make in DM&E and IC&E 
(collectively in that proceeding, DME). The Board issued decisions 
allowing the State to engage in discovery concerning those claims 
and setting a procedural schedule. See Canadian Pac. Ry.--Control--
Dakota, Minn. & E. R.R., FD 35081 (Sub-No. 2) (STB served Dec. 20, 
2013, and Mar. 10, 2014). Discovery remains ongoing in that 
proceeding.
    \3\ RCP&E will also be acquiring a line in Nebraska that is 
currently leased to and operated by Nebraska Northwestern Railroad, 
Inc.
---------------------------------------------------------------------------

    The purpose of this verified notice of exemption is to enable GWI 
to continue in control of RCP&E, together with the other railroads in 
GWI's corporate family, upon RCP&E's becoming a Class II carrier. GWI 
points out that the transaction would allow RCP&E to take advantage of 
the administrative, marketing, and operational support that GWI can 
provide. In addition, according to GWI, as a long-term holder of short 
line railroads, GWI's ownership of RCP&E should provide shippers with 
the comfort of stable ongoing rail service.
    Although this exemption could become effective on April 10, 2014 
(30 days after the notice of exemption was filed), the parties do not 
intend to consummate this transaction until the concurrently filed 
notice of exemption in Docket No. FD 35799 becomes effective and all 
other closing conditions have been met. That exemption could become 
effective on April 25, 2014 (45 days after that exemption was 
filed).\4\
---------------------------------------------------------------------------

    \4\ See 49 CFR 1150.35(e).
---------------------------------------------------------------------------

    GWI notes that it currently controls, directly or indirectly, one 
Class II carrier and 100 Class III carriers operating in the United 
States.\5\
---------------------------------------------------------------------------

    \5\ GWI was authorized, subject to conditions, to control 
RailAmerica, Inc., and its subsidiary railroads in Genesee & Wyoming 
Inc.--Control--RailAmerica, Inc., FD 35654 (STB served December 20, 
2012). GWI provides with its notice of exemption a map showing the 
locations of the GWI-controlled railroads.
---------------------------------------------------------------------------

    GWI represents that: (1) None of the railroads controlled by GWI 
would connect with the rail lines being acquired by RCP&E, or with the 
incidental trackage rights associated with RCP&E's acquisition; (2) the 
continuance in control is not part of a series of anticipated 
transactions that would connect RCP&E with the rail lines of any other 
carriers in GWI's corporate family; and (3) the transaction does not 
involve a Class I rail carrier. Therefore, the transaction is exempt 
from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 
1180.2(d)(2).
    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. As a condition to the use of 
this exemption, any employees adversely affected by this transaction 
will be protected by the conditions set forth in New York Dock 
Railway--Control--Brooklyn Eastern District Terminal, 360 I.C.C. 60 
(1979).

[[Page 17236]]

    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 would not automatically stay the effectiveness of the exemption. 
Petitions for stay must be filed no later than April 3, 2014 (at least 
7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35800 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 Eric M. Hocky, Clark Hill PLC, 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.''

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-06777 Filed 3-26-14; 8:45 am]
BILLING CODE 4915-01-P
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