Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Notices 50761

Administration, RPD–3, Federal Affected Public: State and local ways to enhance the quality, utility, and Railroad Administration, 1200 New governments, government sponsored clarity of the information to be Jersey Ave. SE., Mail Stop 20, authorities and corporations, railroads. collected; and ways to minimize the Washington, DC 20590 (telephone: (202) Abstract: The Railroad Rehabilitation burden of the collections of information 493–6353), or Ms. Kimberly Toone, and Repair Grant Program (Catalog of on respondents, including the use of Office of Information Technology, RAD– Federal Domestic Assistance (CFDA) automated collection techniques or 20, Federal Railroad Administration, Program Number 20.314), was originally other forms of information technology. 1200 New Jersey Ave. SE., Mail Stop 35, supported with up to $20,000,000 of A comment to OMB is best assured of Washington, DC 20590 (telephone: (202) Federal funds provided to FRA as part having its full effect if OMB receives it 493–6132). (These telephone numbers of the Consolidated Security, Disaster within 30 days of publication of this are not toll-free.). Assistance, and Continuing notice in the Federal Register. SUPPLEMENTARY INFORMATION: The Appropriations Act, 2009 (Pub. L. 110– Authority: 44 U.S.C. 3501–3520. Paperwork Reduction Act of 1995 329, September 30, 2008). On May 27, Issued in Washington, DC, on August 15, (PRA), Public Law 104–13, Section 2, 2009, FRA selected 12 projects, totaling 2012. 109 Stat. 163 (1995) (codified as revised $15 million under this program. On Michael Logue, at 44 U.S.C. 3501–3520), and its August 5, 2010, FRA selected 10 more Associate Administrator for Administration, implementing regulations, 5 CFR part projects for the remaining funds. A few Federal Railroad Administration. 1320, require Federal agencies to issue revisions to grant agreements and close- [FR Doc. 2012–20628 Filed 8–21–12; 8:45 am] two notices seeking public comment on out of grants are the only remaining information collection activities before activities for this program. BILLING CODE 4910–06–P OMB may approve paperwork packages. Funds provided under this program 44 U.S.C. 3506, 3507; 5 CFR 1320.5, may constitute no more than 80 percent DEPARTMENT OF TRANSPORTATION 1320.8(d)(1), 1320.12. On June 20, 2012, of the total cost of a selected project, FRA published a 60-day notice in the with the remaining cost funded from Surface Transportation Board Federal Register soliciting comments on other non-Federal sources. Projects [Docket No. FD 35660] ICR that the agency was seeking OMB include repairs and rehabilitation to approval. 77 FR 37092. FRA received no Class II and Class III railroad GWI Voting Trust and R. Lawrence comments after issuing this 60-day infrastructure damaged by hurricanes, McCaffery, Voting Trustee—Control notice. Accordingly, DOT announces floods, and natural disasters that are Exemption—RailAmerica, Inc., et al. that these information collection located in counties that were identified activities have been re-evaluated and in a Disaster Declaration for Public GWI Voting Trust (Voting Trust), a certified under 5 CFR 1320.5(a) and Assistance issued by the President noncarrier, created by Genesee & forwarded to OMB for review and (http://www.fema.gov/news/ Wyoming Inc. (GWI),1 a noncarrier approval pursuant to 5 CFR 1320.12(c). disasters.fema#sev1). holding company, and R. Lawrence Before OMB decides whether to Class II and Class III railroad McCaffery, a noncarrier individual approve these proposed collections of infrastructure repaired and rehabilitated (Voting Trustee), (collectively, information, it must provide 30 days for include railroad rights-of-way, bridges, applicants) have filed a verified notice public comment. 44 U.S.C. 3507(b); 5 signals and other infrastructure which of exemption to acquire control of CFR 1320.12(d). Federal law requires are part of the general railroad system of RailAmercia, Inc. (RailAmerica) and the OMB to approve or disapprove transportation and primarily used by 41 United States Class III rail carriers paperwork packages between 30 and 60 railroads to move freight traffic. FRA that RailAmerica indirectly controls (the days after the 30 day notice is anticipates that no further public RailAmerica Railroads). published. 44 U.S.C. 3507(b)–(c); 5 CFR notification will be made with respect to GWI has created the Voting Trust so 1320.12(d); see also 60 FR 44978, 44983, this program. that the common stock of RailAmerica Aug. 29, 1995. OMB believes that the 30 Form Number(s): N/A. will be placed into an independent day notice informs the regulated Annual Estimated Burden Hours: voting trust during the review of an community to file relevant comments 1,048 hours. application for approval that is pending and affords the agency adequate time to before the Board in Docket No. FD digest public comments before it ADDRESSES: Send comments regarding 35654, Genesee & Wyoming Inc.— renders a decision. 60 FR 44983, Aug. these information collections to the Control—RailAmerica, Inc., et al. In that 29, 1995. Therefore, respondents should Office of Information and Regulatory proceeding, GWI is seeking approval of submit their respective comments to Affairs, Office of Management and such control. OMB within 30 days of publication to Budget, 725 Seventeenth Street NW., RailAmerica controls the following best ensure having their full effect. 5 Washington, DC 20503, Attention: FRA Class III rail carriers in the United CFR 1320.12(c); see also 60 FR 44983, Desk Officer. Alternatively, comments States: Alabama & Gulf Coast Railway Aug. 29, 1995. may be sent via email to the Office of L.L.C., Arizona & California Railroad The summaries below describe the Information and Regulatory Affairs Company, Bauxite & Northern Railway nature of the information collection (OIRA), Office of Management and Company, California Northern Railroad requirements (ICRs) and the expected Budget, at the following address: Company, Carolina Piedmont Division, _ burden. The revised requirements are oira [email protected]. Cascade and Columbia River Railroad being submitted for clearance by OMB Comments are invited on the Company, Central Oregon & Pacific as required by the PRA. following: Whether the proposed Railroad, Inc., The Central Railroad Title: Notice of Funds Availability collections of information are necessary Company of Indiana, Central Railroad and Solicitation of Applications for for the proper performance of the Company of Indianapolis, Chesapeake & Grants under the Railroad Rehabilitation functions of the Department, including Albemarle Railroad Co., Inc., Chicago, and Repair Grant Program. whether the information will have Ft. Wayne & Eastern, Conecuh Valley OMB Control Number: 2130–0580. practical utility; the accuracy of the Type of Request: Revision of a Department’s estimates of the burden of 1 Applicants state that GWI is participating in this currently approved collection. the proposed information collections; proceeding as the settlor.

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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.

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