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Federal Register/Vol. 77, No. 39/Tuesday, February 28, 2012/Notices

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Federal Register/Vol. 77, No. 39/Tuesday, February 28, 2012/Notices 12108 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices attach a document and otherwise of Indianapolis; (9) Connecticut has no other rights to use the crossing comply with the instructions found on Southern Railroad, Inc.; (10) Conecuh track. the Board’s Web site at www.stb.dot.gov Valley Railway, LLC; (11) Dallas, By issuing this notice, the Board is at the E–FILING link. Any person Garland & Northeastern Railroad, Inc.; instituting an exemption proceeding submitting a filing in the traditional (12) Delphos Terminal Railroad pursuant to 49 U.S.C. 10502(b). paper format should send an original Company, Inc.; (13) Eastern Alabama Comments on the proposed acquisition and ten (10) copies referencing Docket Railway, LLC; (14) Huron & Eastern of control may be filed as set forth No. FD 35592 to: Surface Transportation Railway Company, Inc.; (15) Indiana & above. Board, 395 E Street SW., Washington, Ohio Railway Company; (16) Indiana Board decisions and notices are DC 20423–0001. Additionally, send one Southern Railroad, LLC; (17) Kiamichi available on our Web site at copy of any comments to Petitioners’ Railroad Company, LLC; (18) Kyle ‘‘www.stb.dot.gov’’. representative: Louis E. Gitomer, 600 Railroad Company; (19) The Massena Decided: February 23, 2012. Baltimore Avenue, Suite 301, Towson, Terminal Railroad Company; (20) Mid- By the Board, Rachel D. Campbell, MD 21204. Michigan Railroad, Inc.; (21) Missouri & Director, Office of Proceedings. FOR FURTHER INFORMATION CONTACT: Northern Arkansas Railroad Company, Jeffrey Herzig, Marc Lerner at (202) 245–0390. Inc.; (22) New England Central Railroad, Clearance Clerk. Assistance for the hearing impaired is Inc.; (23) North Carolina & Virginia [FR Doc. 2012–4679 Filed 2–27–12; 8:45 am] available through the Federal Railroad Company, LLC; (24) Otter Tail BILLING CODE 4915–01–P Information Relay Service (FIRS) at Valley Railroad Company, Inc.; (25) (800) 877–8339. Point Comfort & Northern Railway SUPPLEMENTARY INFORMATION: On Company; (26) Puget Sound & Pacific DEPARTMENT OF TRANSPORTATION February 3, 2012, Petitioners filed a Railroad; (27) Rockdale, Sandow & petition for exemption pursuant to 49 Southern Railroad Company; (28) San Surface Transportation Board U.S.C. 10502 from the prior approval Diego & Imperial Valley Railroad [Docket No. FD 35496] requirements of 49 U.S.C. 11323–25 to Company, Inc.; (29) San Joaquin Valley acquire control of Marquette Rail. Under Railroad Company; (30) South Carolina Denver & Rio Grande Railway 49 U.S.C. 11323(a)(5), the acquisition of Central Railroad Company, LLC; (31) Historical Foundation d/b/a Denver & control of a rail carrier by a person that Three Notch Railway, LLC; (32) Toledo, Rio Grande Railroad, L.L.C.—Petition is not a rail carrier, but that controls any Peoria & Western Railway Corporation; for Declaratory Order number of rail carriers, requires the (33) Ventura County Railroad Corp.; and approval of the Board. Because (34) Wiregrass Central Railway, LLC. AGENCY: Surface Transportation Board. Petitioners are noncarriers that control a Further, Fortress, on behalf of other ACTION: Institution of declaratory order number of rail carriers, and because equity funds managed by it and its proceeding. they seek to acquire control of affiliates, directly controls the SUMMARY: In response to a petition filed Marquette Rail, the proposed noncarrier FECR Rail LLC, which transaction is within the jurisdiction of by the Denver & Rio Grande Railway directly controls FEC Rail Corporation, Historical Foundation, Inc. (DRGHF) on the Board. Petitioners request expedited which directly controls Florida East handling of this petition. July 12, 2011, the Board is instituting a Coast Railway, LLC, a Class II rail declaratory order proceeding under 49 According to the petition, RTC carrier. entered a Purchase and Sale Agreement U.S.C. 721 and 5 U.S.C. 554(e). DRGHF dated January 30, 2012 (the Agreement), Petitioners state that Mid-Michigan requests that the Board issue an order with Marquette Rail, Marquette Rail Railroad, Inc. (MMRR), which is declaring that municipal zoning law is Corp., Farmrail System, Inc., controlled by RailAmerica, operates preempted with respect to DRGHF’s Transportation Solutions, Inc., RC Rail between milepost 137.8 at Lowell, activities on a parcel of land leased by Investments, LLC, Progressive Rail, Inc., Mich., and milepost 159.5 at Walker, DRGHF in Monte Vista, Colo. JG–MQT–RR Holdings, LLC, and Mich., and is crossed by CSX DATES: DRGHF’s opening evidence is Richard W. Jany (collectively, Sellers). Transportation, Inc. (CSXT) at MMRR due by March 26, 2012. Replies are due 1 Under the Agreement, RTC will acquire milepost 2.9. Marquette Rail’s line by April 26, 2012. DRGHF’s rebuttal is control of Marquette Rail from the physically ends north of the MMRR line due by May 11, 2012. Sellers. at Turner Avenue NW. Thus, to ADDRESSES: Any filing submitted in this Fortress’ noncarrier affiliate, RR facilitate interchange with CSXT, proceeding must be submitted either via Acquisition, currently owns about 60% Marquette Rail uses CSXT’s track that the Board’s e-filing format or in the of the publicly traded shares and crosses the MMRR line to reach CSXT’s traditional paper format. Any person controls the noncarrier RailAmerica, Wyoming Yard, the point of interchange using e-filing should attach a document which directly controls the noncarrier for cars received from Marquette Rail. and otherwise comply with the Palm Beach, which directly controls the According to Petitioners, the only way instructions at the E–FILING link on the noncarrier RTC. for Marquette Rail to reach Wyoming Board’s Web site, at http:// RailAmerica states that it controls the Yard is by operating over the CSXT line. www.stb.dot.gov. Any person submitting following Class III rail carriers: (1) Petitioners further state that the a filing in the traditional paper format Alabama & Gulf Coast Railway LLC; (2) diamond over the MMRR track is used should send an original and 10 copies Arizona & California Railroad Company; by Marquette Rail solely for the purpose (and also an electronic version), (3) Bauxite & Northern Railway of interchanging traffic with CSXT at referring to Docket No. FD 35496, to: Company; (4) California Northern Wyoming Yard and that Marquette Rail Surface Transportation Board, 395 E Railroad Company; (5) Cascade and Street SW., Washington, DC 20423– Columbia River Railroad Company; (6) 1 The Board previously granted Marquette Rail an 0001. In addition, 1 copy of each filing exemption to lease from CSXT approximately Central Oregon & Pacific Railroad, Inc.; 129.03 miles of rail line in Marquette Rail, LLC— in this proceeding must be sent to each (7) The Central Railroad Company of Lease & Operation Exemption—CSX Transp., Inc., of the following: (1) Donald H. Shank, Indiana; (8) Central Railroad Company FD 34728 (STB served Oct. 26, 2005). Denver & Rio Grande Railway Historical VerDate Mar<15>2010 20:10 Feb 27, 2012 Jkt 226001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\28FEN1.SGM 28FEN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices 12109 Foundation, 20 North Broadway Street, Affairs (VA), is announcing an Type of Review: Extension of a Monte Vista, CO 81144–2401; (2) opportunity for public comment on the currently approved collection. Eugene L. Farish, City Attorney, P.O. proposed collection of certain Abstract: A Notice of Disagreement Box 430, Monte Vista, CO 81144 information by the agency. Under the (NOD) is a written communication from (representing the City of Monte Vista); Paperwork Reduction Act (PRA) of a claimant or his or her representative and (3) John D. Heffner, Strasburger & 1995, Federal agencies are required to to express disagreement or Price, 1700 K Street NW., Suite 640, publish notice in the Federal Register dissatisfaction with the result of an Washington, DC 20006 (representing the concerning each proposed collection of adjudicative determination by the San Luis & Rio Grande Railroad). information, including each proposed agency of original jurisdiction (AOJ). FOR FURTHER INFORMATION CONTACT: Julia extension of a currently approved The data collected will be used by the Farr, (202) 245–0359. [Assistance for the collection, and allow 60 days for public AOJ to reexamine the issues in dispute hearing impaired is available through comment in response to the notice. This and to determine if additional review or the Federal Information Relay Service notice solicits comments on the development is warranted. (FIRS) at: 1–800–877–8339.] information needed to clarify actions Affected Public: Individuals or Copies of written comments will be taken by the agency of original households. available for viewing and self-copying at jurisdiction regarding a claimant’s Estimated Total Annual Burden: the Board’s Public Docket Room, Room disagreement with his or her rating 135,505. 131, and will be posted to the Board’s decision. Estimated Average Burden per Web site. Respondent: 1 hour. DATES: Written comments and Frequency of Response: On occasion. SUPPLEMENTARY INFORMATION: DRGHF’s recommendations on the proposed Estimated Total Number of petition requests an order declaring that collection of information should be Respondents: 125,505. its activities on a parcel of land in received on or before April 30, 2012. Monte Vista, CO, fall under the Board’s Dated: February 22, 2012. ADDRESSES: Submit written comments jurisdiction, preempting municipal By direction of the Secretary. on the collection of information through zoning regulation of those activities. Denise McLamb, Federal Docket Management System DRGHF states that it uses this parcel as (FDMS) at www.Regulations.gov or to Program Analyst, Enterprise Records Service. a railcar rehabilitation and restoration Sue Hamlin, Board of Veterans’ Appeals [FR Doc. 2012–4587 Filed 2–27–12; 8:45 am] facility. This petition raises questions (01C), Department of Veterans Affairs, BILLING CODE 8320–01–P regarding the Board’s jurisdiction under 810 Vermont Avenue NW., Washington, 49 U.S.C.
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