David L. Durbano-Continuance in Control Exemption-Texas & Eastern Railroad, LLC, 18522-18523 [2017-07904]

Download as PDF 18522 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices The earliest this transaction can be consummated is May 3, 2017, the effective date of the exemption. 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 April 26, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36110, 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 William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: April 14, 2017. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Raina S. Contee, Clearance Clerk. [FR Doc. 2017–07903 Filed 4–18–17; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36097] jstallworth on DSK7TPTVN1PROD with NOTICES Nebraska Northwestern Railroad, Inc. and Nebkota Railway, Inc.—IntraCorporate Family Transaction Exemption Nebraska Northwestern Railroad, Inc. (NNW) and Nebkota Railway, Inc. (NRI) (collectively, the Parties) have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for an intracorporate family transaction. NNW and NRI, both Class III rail carriers, are controlled by John D. Nielsen (Mr. Nielsen), an individual.1 Under the proposed transaction, NRI will be merged with and into NNW with NNW being the surviving corporate entity. The Parties state that the purpose of the transaction is to streamline administration, enhance the financial conditions of the two rail carriers that are already largely integrated, and consolidate the two into a single company. According to the Parties, the 1 See John D. Nielsen—Control Exemption— Nebkota Ry., FD 35759 (STB served Nov. 25, 2013). According to the Parties, Mr. Nielsen does not have a controlling interest in any common carriers other than NNW and NRI. VerDate Sep<11>2014 15:06 Apr 18, 2017 Jkt 241001 proposed merger would eliminate the preparation of separate tax returns and the need to maintain separate corporate records. In addition, there would be certain operational and other recordkeeping advantages that would be gained from the merger. The Parties state that the proposed merger agreement between NNW and NRI contains no provision or agreement that would limit NNW’s interchange with a third-party connecting carrier.2 Unless stayed, the exemption will be effective on May 3, 2017 (30 days after the verified notice was filed). The Parties state that they intend to consummate the proposed transaction on or after that date. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). The Parties 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. 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 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 exemption. Petitions for stay must be filed no later than April 26, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36097, 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 Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606. According to the Parties, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). 2 An unexecuted draft copy of the agreement was filed with the notice of exemption. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: April 11, 2017. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Rena Laws-Byrum, Clearance Clerk. [FR Doc. 2017–07669 Filed 4–18–17; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [STB Finance Docket No. 36111] David L. Durbano—Continuance in Control Exemption—Texas & Eastern Railroad, LLC David L. Durbano (Durbano), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Texas & Eastern Railroad, LLC (T&ER), upon T&ER’s becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in Docket No. FD 36110, Texas & Eastern Railroad, LLC—Change in Operator Exemption—Texas State Railroad Authority. In that proceeding, T&ER seeks an exemption under 49 CFR 1150.31 to assume operations over approximately 27 miles of rail line, between Rusk and Palestine, in Anderson and Cherokee Counties, Tex. The earliest this transaction can be consummated is May 3, 2017, the effective date of the exemption (30 days after the verified notice was filed). Durbano states that he intends to consummate the transaction on or shortly after May 3, 2017. Durbano will continue in control of T&ER upon T&ER’s becoming a Class III rail carrier, and remains in control of Class III carriers Southwestern Railroad, Inc., Cimarron Valley Railroad, L.C., Clarkdale Arizona Central Railroad, L.C., Wyoming and Colorado Railroad Company, Inc., and Saratoga Railroad, LLC. Durbano certifies that: (1) The rail lines to be operated by T&ER do not connect with any other railroads in the Durbano corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect these rail lines with any other railroad in the Durbano 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 E:\FR\FM\19APN1.SGM 19APN1 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices 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 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. Stay petitions must be filed no later than April 26, 2017 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36111, 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 William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: April 14, 2017. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Raina S. Contee, Clearance Clerk. [FR Doc. 2017–07904 Filed 4–18–17; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2017–23] Petition for Exemption; Summary of Petition Received Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of the FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. jstallworth on DSK7TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:06 Apr 18, 2017 Jkt 241001 18523 DATES: Comments on this petition must identify the petition docket number involved and must be received on or before May 1, 2017. Issued in Renton, Washington on, April 11, 2017. Victor Wicklund, Manager, Transport Standards Staff. You may send comments identified by docket number FAA– 2016–9582 using any of the following methods: • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments digitally. • 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 https:// 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 the 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 https://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. Petition for Exemption Docket No.: FAA–2016–9582. Petitioner: Aviation Partners Inc. Section of 14 CFR Affected: § 26.47(e)(5). Description of Relief Sought: Aviation Partners Inc. requests 18 months, versus the regulation’s 12 months, to develop the damage-tolerance data for APB blended or split scimitar winglets installed on Boeing Model 737 Next Generation airplanes. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Mark Forseth, ANM–113, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057–3356, email mark.forseth@faa.gov, phone (425) 227–2796; or Sandra Long, ARM– 200, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, email sandra.long@faa.gov, phone (202) 493– 5245. This notice is published pursuant to 14 CFR 11.85. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 [FR Doc. 2017–07871 Filed 4–18–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0015] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: FMCSA announces its denial of 114 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal vision standard for a renewable 2-year period if it finds ‘‘such an exemption would likely achieve a E:\FR\FM\19APN1.SGM 19APN1

Agencies

[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18522-18523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07904]


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SURFACE TRANSPORTATION BOARD

[STB Finance Docket No. 36111]


David L. Durbano--Continuance in Control Exemption--Texas & 
Eastern Railroad, LLC

    David L. Durbano (Durbano), a noncarrier, has filed a verified 
notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in 
control of Texas & Eastern Railroad, LLC (T&ER), upon T&ER's becoming a 
Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Docket No. FD 36110, Texas & Eastern Railroad, LLC--
Change in Operator Exemption--Texas State Railroad Authority. In that 
proceeding, T&ER seeks an exemption under 49 CFR 1150.31 to assume 
operations over approximately 27 miles of rail line, between Rusk and 
Palestine, in Anderson and Cherokee Counties, Tex.
    The earliest this transaction can be consummated is May 3, 2017, 
the effective date of the exemption (30 days after the verified notice 
was filed). Durbano states that he intends to consummate the 
transaction on or shortly after May 3, 2017.
    Durbano will continue in control of T&ER upon T&ER's becoming a 
Class III rail carrier, and remains in control of Class III carriers 
Southwestern Railroad, Inc., Cimarron Valley Railroad, L.C., Clarkdale 
Arizona Central Railroad, L.C., Wyoming and Colorado Railroad Company, 
Inc., and Saratoga Railroad, LLC.
    Durbano certifies that: (1) The rail lines to be operated by T&ER 
do not connect with any other railroads in the Durbano corporate 
family; (2) the continuance in control is not part of a series of 
anticipated transactions that would connect these rail lines with any 
other railroad in the Durbano 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

[[Page 18523]]

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 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. 
Stay petitions must be filed no later than April 26, 2017 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36111, 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 William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: April 14, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017-07904 Filed 4-18-17; 8:45 am]
 BILLING CODE 4915-01-P
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