Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 17121

Issued in Washington, DC, on March 20, The MG Principals will retain the Class RailAmerica et al. states that: (1) W&C 2012. B Common Units of TransRail, thereby does not connect with any of Jeffrey D. Wiese, retaining a 30% interest in TransRail, RailAmerica’s subsidiary railroads; (2) Associate Administrator for Pipeline Safety. though they will not retain control or the proposed transaction is not part of [FR Doc. 2012–7080 Filed 3–22–12; 8:45 am] the power to control W&C. a series of anticipated transactions to BILLING CODE 4910–60–P Fortress’ noncarrier affiliate, RR connect W&C and any of RailAmerica’s Acquisition, currently owns about 60% subsidiary railroads; and (3) the of the publicly traded shares and proposed transaction does not involve a DEPARTMENT OF TRANSPORTATION controls the noncarrier RailAmerica, Class I rail carrier. The proposed which directly controls the noncarrier transaction is therefore exempt from the Surface Transportation Board Palm Beach, which directly controls the prior approval requirements of 49 U.S.C. [Docket No. FD 35605] noncarrier RTC. 11323 pursuant to 49 CFR 1180.2(d)(2). RailAmerica states that it controls the Under 49 U.S.C. 10502(g), the Board RailAmerica, Inc., Palm Beach Rail following Class III rail carriers: (1) may not use its exemption authority to Holding, Inc., RailAmerica Alabama & Gulf Coast Railway LLC; (2) relieve a rail carrier of its statutory Transportation Corp., RailTex, Inc., Arizona & California Railroad Company; obligation to protect the interests of its Fortress Investment Group, LLC, and (3) Bauxite & Northern Railway employees. Because the transaction RR Acquisition Holding, LLC—Control Company; (4) California Northern involves the control of one or more Exemption—Wellsboro & Corning Railroad Company; (5) Cascade and Class III rail carriers and one Class II rail Railroad, LLC Columbia River Railroad Company; (6) carrier, the transaction is subject to the Central Oregon & Pacific Railroad, Inc.; labor protective requirements of 49 RailAmerica, Inc. (RailAmerica), Palm (7) The Central Railroad Company of U.S.C. 11326(b) and Wisconsin Central Beach Rail Holding, Inc. (Palm Beach), Indiana; (8) Central Railroad Company Ltd.—Acquisition Exemption—Lines of RailAmerica Transportation Corp. of Indianapolis; (9) Connecticut Union Pacific Railroad, 2 S.T.B. 218 (RTC), RailTex, Inc. (RailTex), Fortress Southern Railroad, Inc.; (10) Conecuh (1997). Investment Group, LLC (Fortress), and If the verified notice contains false or Valley Railway, LLC; (11) Dallas, RR Acquisition Holding, LLC (RR misleading information, the exemption Garland & Northeastern Railroad, Inc.; Acquisition) (collectively, RailAmerica is void ab initio. Petitions to revoke the (12) Delphos Terminal Railroad et al.), have filed a verified notice of exemption under 49 U.S.C. 10502(d) Company, Inc.; (13) Eastern Alabama exemption to acquire indirect control of may be filed at any time. The filing of Railway, LLC; (14) Huron & Eastern the Wellsboro & Corning Railroad, LLC a petition to revoke will not Railway Company, Inc.; (15) Indiana & (W&C), a Class III rail carrier, through automatically stay the effectiveness of Ohio Railway Company; (16) Indiana the acquisition of control of TransRail the exemption. Petitions to stay must be Southern Railroad, LLC; (17) Kiamichi Holdings, LLC (TransRail), the parent of filed by March 30, 2012 (at least seven Railroad Company, LLC; (18) Kyle W&C, by RailTex. days before the exemption becomes Railroad Company; (19) The Massena The proposed transaction is effective). Terminal Railroad Company; (20) Mid- scheduled to be consummated on or An original and ten copies of all Michigan Railroad, Inc.; (21) Missouri & after April 7, 2012 (30 days after the pleadings, referring to Docket No. FD Northern Arkansas Railroad Company, notice of exemption was filed). 35605 must be filed with the Surface Inc.; (22) New England Central Railroad, W&C acquired the assets of the Transportation Board, 395 E Street SW., Inc.; (23) North Carolina & Virginia Wellsboro & Corning Railroad Co.1 W&C Washington, DC 20423–0001. In Railroad Company, LLC; (24) Otter Tail owns and operates 35.5 miles of track addition, a copy of each pleading must Valley Railroad Company, Inc.; (25) between Wellsboro, PA., milepost be served on: Louis E. Gitomer, 600 Point Comfort & Northern Railway 109.90, and Erwin, N.Y., milepost 74.70, Baltimore Avenue, Suite 301, Towson, Company; (26) Puget Sound & Pacific in Tioga County, PA., and Steuben MD 21204. Railroad; (27) Rockdale, Sandow & County, N.Y. W&C interchanges traffic Board decisions and notices are Southern Railroad Company; (28) San with the Norfolk Southern Railway available on our Web site at Diego & Imperial Valley Railroad Company and the Canadian Pacific www.stb.dot.gov. Company, Inc.; (29) San Joaquin Valley Railway Company. Railroad Company; (30) South Carolina Decided: March 20, 2012. According to the verified notice of Central Railroad Company, LLC; (31) By the Board, Rachel D. Campbell, exemption, RailTex entered a Unit Three Notch Railway, LLC; (32) Toledo, Director, Office of Proceedings. Purchase Agreement dated January 31, Peoria & Western Railway Corporation; Raina S. White, 2012 (the Agreement), with (1) (33) Ventura County Railroad Corp.; and Clearance Clerk. TransRail, (2) Industrial Waste Group, (34) Wiregrass Central Railway, LLC.2 [FR Doc. 2012–7054 Filed 3–22–12; 8:45 am] LLC (IWG), (3) Wellsboro & Corning Railroad Co., and (4) A. Thomas Myles Further, Fortress, on behalf of other BILLING CODE 4915–01–P III, A. Thomas Myles IV, and William equity funds managed by it and its affiliates, directly controls the Myles (the MG Principals). The MG DEPARTMENT OF TRANSPORTATION Principals own TransRail, and TransRail noncarrier FECR Rail LLC, which directly controls FEC Rail Corp., which owns W&C and the successor to IWG. Surface Transportation Board Under the Agreement, RailTex will directly controls Florida East Coast acquire 100% of the Class A Common Railway, LLC, a Class II rail carrier. [Docket No. EP 290 (Sub-No. 5) (2012–2)] Units of TransRail, giving RailTex a Quarterly Rail Cost Adjustment Factor 70% ownership interest in TransRail 2 On February 3, 2012, in Docket No. FD 35592, RailAmerica et al. filed a petition for exemption AGENCY: Surface Transportation Board, and control of W&C through TransRail. from the prior approval requirements of 49 U.S.C. 11323–25 to acquire control of Marquette Rail, LLC, Department of Transportation. 1 Wellsboro & Corning R.R.—Acquis. & Operation a Class III rail carrier. The Board issued a notice on ACTION: Approval of rail cost adjustment Exemption—Wellsboro & Corning R.R., FD 35595 February 28, 2012, instituting an exemption factor. (STB served Feb. 22, 2012). proceeding pursuant to 49 U.S.C. 10502(b).

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SUMMARY: The Board has approved the verified notice of exemption was filed).2 DEPARTMENT OF THE TREASURY second quarter 2012 rail cost adjustment The temporary trackage rights are factor (RCAF) and cost index filed by scheduled to expire on December 31, Proposed Collection; Comment the Association of American Railroads. 2012. The purpose of the temporary Request; Office of the Procurement The second quarter 2012 RCAF trackage rights is to bridge loaded and Executive (Unadjusted) is 1.185. The second empty coal trains between trackage at AGENCY: Department of Treasury, quarter 2012 RCAF (Adjusted) is 0.520. Log Creek Mine at Enosville and ISRR’s Departmental Offices. The second quarter 2012 RCAF–5 is tracks at Oakland City Junction for 0.492. further movement over ISRR’s line to ACTION: Notice and request for comments. DATES: Effective Date: April 1, 2012. Indiana Power and Light’s generating plant at Petersburg, Ind. FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of the As a condition to this exemption, any Pedro Ramirez, (202) 245–0333. Federal Treasury, as part of its continuing effort employees affected by the acquisition of to reduce paperwork and respondent Information Relay Service (FIRS) for the the temporary trackage rights will be hearing impaired: (800) 877–8339. burden, invites the general public and protected by the conditions imposed in other Federal agencies to take this SUPPLEMENTARY INFORMATION: Norfolk & Western Railway—Trackage Additional information is contained in opportunity to comment on proposed Rights—Burlington Northern, Inc., 354 and/or continuing information the Board’s decision, which is available I.C.C. 605 (1978), as modified in on our Web site, http://www.stb.dot.gov. collections, as required by the Mendocino Coast Railway, Inc.—Lease Paperwork Reduction Act of 1995, Copies of the decision may be & Operate—California Western purchased by contacting the Office of Public Law 104–13 (44 U.S.C. Railroad, 360 I.C.C. 653 (1980), and any 3506(c)(2)(A)). The Department of the Public Assistance, Governmental employees affected by the Affairs, and Compliance at (202) 245– Treasury, Office of the Procurement discontinuance of those trackage rights Executive, is soliciting comments on 0238. Assistance for the hearing will be protected by the conditions set impaired is available through FIRS at these collections of information that are out in Oregon Short Line Railroad & The scheduled to expire. (800) 877–8339. Union Pacific Railroad—Abandonment DATES: This action will not significantly Portion Goshen Branch Between Firth & Written comments must be affect either the quality of the human Ammon, in Bingham & Bonneville received on or before May 22, 2012 to environment or energy conservation. Counties, Idaho, 360 I.C.C. 91 (1979). be assured of consideration. Decided: March 19, 2012. This notice is filed under 49 CFR ADDRESSES: You may submit comments By the Board, Chairman Elliott, Vice 1180.2(d)(8). If it contains false or by any of the following methods: Chairman Mulvey, and Commissioner misleading information, the exemption www.PRAComment.gov. To provide Begeman. is void ab initio. Petitions to revoke the your comments, selected the ‘‘comment Jeffrey Herzig, exemption under 49 U.S.C. 10502(d) page’’ link and follow the instructions Clearance Clerk. may be filed at any time. The filing of for submitting comments. a petition to revoke will not email: [FR Doc. 2012–7048 Filed 3–22–12; 8:45 am] [email protected]. The BILLING CODE 4915–01–P automatically stay the transaction. Petitions for stay must be filed no later subject line should contain the OMB than March 30, 2012 (at least 7 days number and title for which you are DEPARTMENT OF TRANSPORTATION before the exemption becomes commenting. effective). Mail: Fernando Tonolete, Office of the Surface Transportation Board An original and 10 copies of all Procurement Executive, Department of pleadings, referring to Docket No. FD the Treasury, 1500 Pennsylvania Ave. [Docket No. FD 35602] 35602, must be filed with the Surface NW., Metropolitan Square, Suite 6B517, Transportation Board, 395 E Street SW., Washington DC 20220. Indiana Southern Railroad, LLC— All responses to this notice will be Temporary Trackage Rights Washington, DC 20423–0001. In addition, a copy of each pleading must included in the request for OMB’s Exemption—Norfolk Southern Railway approval. All comments will also Company be served on John W. Humes, Jr., Senior Counsel, Rail America, Inc., 7411 become a matter of public record. Norfolk Southern Railway Company Fullerton Street, Jacksonville, FL 32256. FOR FURTHER INFORMATION CONTACT: (NSR), pursuant to a written trackage Board decisions and notices are Requests for additional information or rights agreement (Agreement), has available on our Web site at request a copy of the information agreed to grant overhead temporary www.stb.dot.gov. collection should be directed to trackage rights to Indiana Southern Decided: March 19, 2012. Fernando Tonolete (202) 622–6416. Railroad, LLC (ISRR) over NSR’s line of By the Board. SUPPLEMENTARY INFORMATION: OMB railroad between Oakland City Junction, Rachel D. Campbell, Number: 1505–0080. Ind. (milepost 0.8 EJ) and Enosville, Ind. Type of Review: Extension without Director, Office of Proceedings. (milepost 4.8 EJ), a distance of change of a currently approved approximately 4 miles.1 Jeffrey Herzig, collection. The transaction may be consummated Clearance Clerk. Title: Post-Contract Award on or after April 8, 2012, the effective [FR Doc. 2012–7053 Filed 3–22–12; 8:45 am] Information. date of the exemption (30 days after the BILLING CODE 4915–01–P Abstract: Information requested of contractors is specific to each contract 1 A redacted version of the Agreement between 2 Accompanying its verified notice of exemption, and is required for Treasury to properly NSR and ISRR was filed with the notice of ISRR also filed a request to waive the requirement evaluate the progress made and/or exemption. ISRR simultaneously filed a motion for at 49 CFR 1180.4(g)(1) that the verified notice be protective order for approval to file under seal the filed at least 30 days before the transaction is management controls used by unredacted version of the Agreement. That motion consummated. In a separate decision served today, contractors providing supplies or will be addressed in a separate decision. the Board is denying that request. services to the Government, and to

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