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Arkansas-Oklahoma Railroad, Inc 50762 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Notices Railway, Connecticut Southern Voting Trustee will be entitled to vote Board decisions and notices are Railroad, Inc., Dallas, Garland & all of the stock held by the Voting Trust. available on our Web site at Northeastern Railroad, Inc., Eastern According to applicants, they will not www.stb.dot.gov. Alabama Railway, LLC, Grand Rapids be in control of any railroads prior to Decided: August 17, 2012. Eastern Railroad Inc., Huron & Eastern the stock being placed in the Voting By the Board, Rachel D. Campbell, Railway Company, Inc., Indiana & Ohio Trust, and that there will be no Director, Office of Proceedings. Railway Company, Indiana Southern substantial change in the management Jeffrey Herzig, Railroad, LLC., Kiamichi Railroad or operation of the RailAmerica Clearance Clerk. Company L.L.C., Kyle Railroad Railroads during the time they are in Company, Marquette Rail, LLC, The control of them. [FR Doc. 2012–20665 Filed 8–21–12; 8:45 am] Massena Terminal Railroad Company, The transaction may be consummated BILLING CODE 4915–01–P Mid-Michigan Railroad, Inc., Michigan on or after September 5, 2012 (30 days Shore Railroad, Inc., Missouri & after the notice of exemption was filed). DEPARTMENT OF TRANSPORTATION Northern Arkansas Railroad Company, Applicant states that: (1) The rail lines Inc., New England Central Railroad, of the RailAmerica Railroads do not Surface Transportation Board Inc., North Carolina & Virginia Railroad connect with any rail lines in the Company, LLC, Otter Tail Valley corporate family of the Voting Trust or [Docket No. FD 35655] Railroad Company, Inc., Point Comfort the Voting Trustee (they have none); (2) Arkansas-Oklahoma Railroad, Inc.— & Northern Railway Company, Puget the transaction is not part of a series of Lease and Operation Exemption—Line Sound & Pacific Railroad, Rockdale, anticipated transactions that would of Union Pacific Railroad Company Sandow & Southern Railroad Company, connect these rail lines with each other San Diego & Imperial Valley Railroad or any railroad in their corporate family; Arkansas-Oklahoma Railroad, Inc. Company, Inc., San Joaquin Valley and (3) the transaction does not involve (AOK), a Class III rail carrier, has filed Railroad Co., South Carolina Central a Class I rail carrier. Therefore, the a verified notice of exemption under 49 Railroad Company, LLC, Texas transaction is exempt from the prior CFR 1150.41 to lease from Union Pacific Northeastern Railroad, Three Notch approval requirements of 49 U.S.C. Railroad Company and to operate Railway, LLC, Toledo, Peoria & Western 11323. See 49 CFR 1180.2(d)(2). approximately 1.5 miles of rail line Railway Corporation, Ventura County Under 49 U.S.C. 10502(g), the Board between milepost 446.5, at/near Railroad Corp., Wellsboro & Corning may not use its exemption authority to Shawnee, and milepost 445.0, east of Railroad, LLC and Wiregrass Central relieve a rail carrier of its statutory Shawnee at Brangus Road, in Railway, LLC. obligation to protect the interests of its Pottawatomie County, Okla. Applicants state that, pursuant to an employees. Section 11326(c), however, AOK states that consummation of the agreement and plan of merger, Jaguar does not provide for labor protection for transaction will occur on or about Acquisition Sub Inc., a wholly owned transactions under §§ 11324 and 11325 September 4, 2012. The earliest the subsidiary of GWI, will merge with and that involve only Class III rail carriers. transaction can be consummated, into RailAmerica, with RailAmerica Accordingly, the Board may not impose however, is September 5, 2012, the being the surviving corporation. As a labor protective conditions here, effective date of the exemption (30 days result of the merger, GWI will obtain because all of the carriers involved are after the exemption was filed). direct control of RailAmerica and Class III carriers. AOK certifies that its projected annual indirect control of the RailAmerica If the verified notice contains false or revenues as a result of this transaction Railroads. Upon completion of the misleading information, the exemption will not exceed $5 million or result in merger, GWI plans immediately to place is void ab initio. Petitions to revoke the the creation of a Class II or Class I rail the shares of RailAmercia into the exemption under 49 U.S.C. 10502(d) carrier. Voting Trust that has been established may be filed at any time. The filing of If the verified notice contains false or in accordance with the Board’s a petition to revoke will not misleading information, the exemption regulations at 49 CFR 1013.2 Applicants automatically stay the effectiveness of is void ab initio. Petitions to revoke the state that, because they would have the exemption. Petitions for stay must exemption under 49 U.S.C. 10502(d) temporary voting control of more than be filed no later than August 29, 2012 may be filed at any time. The filing of one railroad, they are filing this notice (at least 7 days before the exemption a petition to revoke will not of exemption to confirm that, if and becomes effective). automatically stay the effectiveness of when the stock of RailAmerica is placed An original and 10 copies of all the exemption. Stay petitions must be into the Voting Trust, they will have pleadings, referring to Docket No. FD filed no later than August 29, 2012 (at appropriate authority to control 35660, must be filed with the Surface least seven days before the exemption RailAmerica and the RailAmerica Transportation Board, 395 E Street SW., becomes effective). Railroads.3 Applicants also note that the Washington, DC 20423–0001. In An original and ten copies of all addition, a copy of each pleading must pleadings, referring to Docket No. FD 2 GWI has submitted a copy of the voting trust be served on David H. Coburn, Steptoe 35655, must be filed with the Surface agreement to the Board for an informal, nonbinding & Johnson LLP, 1330 Connecticut Ave. Transportation Board, 395 E Street SW., opinion asking whether the voting trust would effectively insulate GWI from unauthorized NW., Washington, DC 20036 and Eric Washington, DC 20423–0001. In acquisition of control of RailAmerica, pending M. Hocky, Thorp Reed & Armstrong, addition, one copy of each pleading Board review of the control application filed in FD LLP, One Commerce Square, 2005 must be served on Daniel A. LaKemper, 35654. In a letter dated August 3, 2012, the Director, Market Street, Suite 1000, Philadelphia, General Counsel, Arkansas-Oklahoma Office of Proceedings, informed GWI that it is her opinion that the proposed voting trust agreement PA 19103. Railroad, Inc., P.O. Box 185, Morton, IL would effectively insulate GWI from unauthorized 61550. control of RailAmerica. shares of RailAmerica will be distributed to GWI. Board decisions and notices are 3 Applicants state that, pursuant to the voting If the application is denied, the shares of available on our Web site at www.stb. trust agreement, the Voting Trust will only hold the RailAmerica (or the controlled railroads) will be dot.gov. shares of RailAmerica until the Board acts on the sold to buyers approved by the Board in accordance application. If the application is approved, the with the terms of the voting trust agreement. Decided: August 17, 2012. VerDate Mar<15>2010 16:53 Aug 21, 2012 Jkt 226001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Notices 50763 By the Board, Rachel D. Campbell, car manufacturers and lessors on Please send separate comments for Director, Office of Proceedings. current and future availability of various each specific information collection Jeffrey Herzig, grain-car types; a presentation by the listed below. You must reference the Clearance Clerk. U.S. Department of Agriculture information collection’s title, form [FR Doc. 2012–20651 Filed 8–21–12; 8:45 am] regarding the changes in rail market number, reporting or record-keeping BILLING CODE 4915–01–P share of grain and oilseed requirement number, and OMB number transportation; a presentation by the (if any) in your comment. Association of American Railroads FOR FURTHER INFORMATION CONTACT: To DEPARTMENT OF TRANSPORTATION about rail time indicators; an update on obtain additional information, or copies railroad agricultural contract filings; and of the information collection and Surface Transportation Board an open forum for audience and instructions, or copies of any comments [Docket No. EP 519 (Sub-No. 5)] members to discuss topics of interest received, contact Joel Goldberger, 202– related to the agenda. The full agenda, 927–9368, or at Internal Revenue Notice of National Grain Car Council along with other information regarding Service, room 6129, 1111 Constitution Meeting the NGCC, is posted on the Board’s Web Avenue NW., Washington, DC 20224, or site at http://www.stb.dot.gov/stb/rail/ through the Internet, at AGENCY: Surface Transportation Board, graincar_council.html. [email protected]. DOT. The meeting, which is open to the ACTION: Notice of National Grain Car public, will be conducted pursuant to SUPPLEMENTARY INFORMATION: Council meeting. the NGCC’s charter and Board Request for Comments procedures. Further communications SUMMARY: Notice is hereby given of a The Department of the Treasury and about this meeting may also be meeting of the National Grain Car the Internal Revenue Service, as part of announced through the Board’s Web Council (NGCC), pursuant to section their continuing effort to reduce site. paperwork and respondent burden, 10(a)(2) of the Federal Advisory This action will not significantly invite the general public and other Committee Act, Pub. L. No. 92–463, as affect either the quality of the human Federal agencies to take this amended (5 U.S.C., App.
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