12108 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices 

1The Board previously granted Marquette Rail an 

exemption to lease from CSXT approximately 

129.03 miles of rail line in Marquette Rail, LLC— 

Lease & Operation Exemption—CSX Transp., Inc., 

FD 34728 (STB served Oct. 26, 2005). 

attach a document and otherwise 

comply with the instructions found on 

the Board’s Web site at www.stb.dot.gov 

at the E–FILING link. Any person 

submitting a filing in the traditional 

paper format should send an original 

and ten (10) copies referencing Docket 

No. FD 35592 to: Surface Transportation 

Board, 395 E Street SW., Washington, 

DC 20423–0001. Additionally, send one 

copy of any comments to Petitioners’ 

representative: Louis E. Gitomer, 600 

Baltimore Avenue, Suite 301, Towson, 

MD 21204. 

FOR FURTHER INFORMATION CONTACT: 

Marc Lerner at (202) 245–0390. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

(800) 877–8339. 

SUPPLEMENTARY INFORMATION: On 

February 3, 2012, Petitioners filed a 

petition for exemption pursuant to 49 

U.S.C. 10502 from the prior approval 

requirements of 49 U.S.C. 11323–25 to 

acquire control of Marquette Rail. Under 

49 U.S.C. 11323(a)(5), the acquisition of 

control of a rail carrier by a person that 

is not a rail carrier, but that controls any 

number of rail carriers, requires the 

approval of the Board. Because 

Petitioners are noncarriers that control a 

number of rail carriers, and because 

they seek to acquire control of 

Marquette Rail, the proposed 

transaction is within the jurisdiction of 

the Board. Petitioners request expedited 

handling of this petition. 

According to the petition, RTC 

entered a Purchase and Sale Agreement 

dated January 30, 2012 (the Agreement), 

with Marquette Rail, Marquette Rail 

Corp., Farmrail System, Inc., 

Transportation Solutions, Inc., RC Rail 

Investments, LLC, Progressive Rail, Inc., 

JG–MQT–RR Holdings, LLC, and 

Richard W. Jany (collectively, Sellers). 

Under the Agreement, RTC will acquire 

control of Marquette Rail from the 

Sellers. 

Fortress’ noncarrier affiliate, RR 

Acquisition, currently owns about 60% 

of the publicly traded shares and 

controls the noncarrier RailAmerica, 

which directly controls the noncarrier 

Palm Beach, which directly controls the 

noncarrier RTC. 

RailAmerica states that it controls the 

following Class III rail carriers: (1) 

Alabama & Gulf Coast Railway LLC; (2) 

Arizona & California Railroad Company; 

(3) Bauxite & Northern Railway 

Company; (4) California Northern 

Railroad Company; (5) Cascade and 

Columbia River Railroad Company; (6) 

Central Oregon & Pacific Railroad, Inc.; 

(7) The Central Railroad Company of 

Indiana; (8) Central Railroad Company 

of Indianapolis; (9) Connecticut 

Southern Railroad, Inc.; (10) Conecuh 

Valley Railway, LLC; (11) Dallas, 

Garland & Northeastern Railroad, Inc.; 

(12) Delphos Terminal Railroad 

Company, Inc.; (13) Eastern Alabama 

Railway, LLC; (14) Huron & Eastern 

Railway Company, Inc.; (15) Indiana & 

Ohio Railway Company; (16) Indiana 

Southern Railroad, LLC; (17) Kiamichi 

Railroad Company, LLC; (18) Kyle 

Railroad Company; (19) The Massena 

Terminal Railroad Company; (20) MidMichigan Railroad, Inc.; (21) Missouri & 

Northern Arkansas Railroad Company, 

Inc.; (22) New England Central Railroad, 

Inc.; (23) North Carolina & Virginia 

Railroad Company, LLC; (24) Otter Tail 

Valley Railroad Company, Inc.; (25) 

Point Comfort & Northern Railway 

Company; (26) Puget Sound & Pacific 

Railroad; (27) Rockdale, Sandow & 

Southern Railroad Company; (28) San 

Diego & Imperial Valley Railroad 

Company, Inc.; (29) San Joaquin Valley 

Railroad Company; (30) South Carolina 

Central Railroad Company, LLC; (31) 

Three Notch Railway, LLC; (32) Toledo, 

Peoria & Western Railway Corporation; 

(33) Ventura County Railroad Corp.; and 

(34) Wiregrass Central Railway, LLC. 

Further, Fortress, on behalf of other 

equity funds managed by it and its 

affiliates, directly controls the 

noncarrier FECR Rail LLC, which 

directly controls FEC Rail Corporation, 

which directly controls Florida East 

Coast Railway, LLC, a Class II rail 

carrier. 

Petitioners state that Mid-Michigan 

Railroad, Inc. (MMRR), which is 

controlled by RailAmerica, operates 

between milepost 137.8 at Lowell, 

Mich., and milepost 159.5 at Walker, 

Mich., and is crossed by CSX 

Transportation, Inc. (CSXT) at MMRR 

milepost 2.9. Marquette Rail’s line 1

physically ends north of the MMRR line 

at Turner Avenue NW. Thus, to 

facilitate interchange with CSXT, 

Marquette Rail uses CSXT’s track that 

crosses the MMRR line to reach CSXT’s 

Wyoming Yard, the point of interchange 

for cars received from Marquette Rail. 

According to Petitioners, the only way 

for Marquette Rail to reach Wyoming 

Yard is by operating over the CSXT line. 

Petitioners further state that the 

diamond over the MMRR track is used 

by Marquette Rail solely for the purpose 

of interchanging traffic with CSXT at 

Wyoming Yard and that Marquette Rail 

has no other rights to use the crossing 

track. 

By issuing this notice, the Board is 

instituting an exemption proceeding 

pursuant to 49 U.S.C. 10502(b). 

Comments on the proposed acquisition 

of control may be filed as set forth 

above. 

Board decisions and notices are 

available on our Web site at 

‘‘www.stb.dot.gov’’. 

Decided: February 23, 2012. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2012–4679 Filed 2–27–12; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35496] 

Denver & Rio Grande Railway 

Historical Foundation d/b/a Denver & 

Rio Grande Railroad, L.L.C.—Petition 

for Declaratory Order 

AGENCY: Surface Transportation Board. 

ACTION: Institution of declaratory order 

proceeding. 

SUMMARY: In response to a petition filed 

by the Denver & Rio Grande Railway 

Historical Foundation, Inc. (DRGHF) on 

July 12, 2011, the Board is instituting a 

declaratory order proceeding under 49 

U.S.C. 721 and 5 U.S.C. 554(e). DRGHF 

requests that the Board issue an order 

declaring that municipal zoning law is 

preempted with respect to DRGHF’s 

activities on a parcel of land leased by 

DRGHF in Monte Vista, Colo. 

DATES: DRGHF’s opening evidence is 

due by March 26, 2012. Replies are due 

by April 26, 2012. DRGHF’s rebuttal is 

due by May 11, 2012. 

ADDRESSES: Any filing submitted in this 

proceeding must be submitted either via 

the Board’s e-filing format or in the 

traditional paper format. Any person 

using e-filing should attach a document 

and otherwise comply with the 

instructions at the E–FILING link on the 

Board’s Web site, at http:// 

www.stb.dot.gov. Any person submitting 

a filing in the traditional paper format 

should send an original and 10 copies 

(and also an electronic version), 

referring to Docket No. FD 35496, to: 

Surface Transportation Board, 395 E 

Street SW., Washington, DC 20423– 

0001. In addition, 1 copy of each filing 

in this proceeding must be sent to each 

of the following: (1) Donald H. Shank, 

Denver & Rio Grande Railway Historical 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices 12109 

Foundation, 20 North Broadway Street, 

Monte Vista, CO 81144–2401; (2) 

Eugene L. Farish, City Attorney, P.O. 

Box 430, Monte Vista, CO 81144 

(representing the City of Monte Vista); 

and (3) John D. Heffner, Strasburger & 

Price, 1700 K Street NW., Suite 640, 

Washington, DC 20006 (representing the 

San Luis & Rio Grande Railroad). 

FOR FURTHER INFORMATION CONTACT: Julia 

Farr, (202) 245–0359. [Assistance for the 

hearing impaired is available through 

the Federal Information Relay Service 

(FIRS) at: 1–800–877–8339.] 

Copies of written comments will be 

available for viewing and self-copying at 

the Board’s Public Docket Room, Room 

131, and will be posted to the Board’s 

Web site. 

SUPPLEMENTARY INFORMATION: DRGHF’s 

petition requests an order declaring that 

its activities on a parcel of land in 

Monte Vista, CO, fall under the Board’s 

jurisdiction, preempting municipal 

zoning regulation of those activities. 

DRGHF states that it uses this parcel as 

a railcar rehabilitation and restoration 

facility. This petition raises questions 

regarding the Board’s jurisdiction under 

49 U.S.C. 10501(a) and preemption 

under 49 U.S.C. 10501(b). 

Under 5 U.S.C. 554(e), the Board has 

discretionary authority to issue a 

declaratory order to terminate a 

controversy or remove uncertainty. The 

issues raised by DRGHF merit further 

consideration, and a declaratory order 

proceeding is thus instituted here. For 

further information, please see the 

Board’s decision served on February 23, 

2012 in Docket No. FD 35496. 

Board decisions and notices are 

available on our Web site at 

www.stb.dot.gov. 

Decided: February 22, 2012. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2012–4682 Filed 2–27–12; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

[OMB Control No. 2900–0674] 

Proposed Information Collection 

(Clarification of a Notice of 

Disagreement) Activity Comment 

Request 

AGENCY: Board of Veterans’ Appeals, 

Department of Veterans Affairs. 

ACTION: Notice. 

SUMMARY: The Board of Veterans’ 

Appeals (BVA), Department of Veterans 

Affairs (VA), is announcing an 

opportunity for public comment on the 

proposed collection of certain 

information by the agency. Under the 

Paperwork Reduction Act (PRA) of 

1995, Federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of a currently approved 

collection, and allow 60 days for public 

comment in response to the notice. This 

notice solicits comments on the 

information needed to clarify actions 

taken by the agency of original 

jurisdiction regarding a claimant’s 

disagreement with his or her rating 

decision. 

DATES: Written comments and 

recommendations on the proposed 

collection of information should be 

received on or before April 30, 2012. 

ADDRESSES: Submit written comments 

on the collection of information through 

Federal Docket Management System 

(FDMS) at www.Regulations.gov or to 

Sue Hamlin, Board of Veterans’ Appeals 

(01C), Department of Veterans Affairs, 

810 Vermont Avenue NW., Washington, 

DC 20420 or email sue.hamlin@va.gov. 

Please refer to ‘‘OMB Control No. 2900– 

0674’’ in any correspondence. During 

the comment period, comments may be 

viewed online through FDMS. 

FOR FURTHER INFORMATION CONTACT: Sue 

Hamlin at (202) 632–5100 or fax (202) 

632–5841. 

SUPPLEMENTARY INFORMATION: Under the 

PRA of 1995 (Pub. L. 104–13; 44 U.S.C. 

3501–3521), Federal agencies must 

obtain approval from the Office of 

Management and Budget (OMB) for each 

collection of information they conduct 

or sponsor. This request for comment is 

being made pursuant to Section 

3506(c)(2)(A) of the PRA. 

With respect to the following 

collection of information, BVA invites 

comments on: (1) Whether the proposed 

collection of information is necessary 

for the proper performance of BVA’s 

functions, including whether the 

information will have practical utility; 

(2) the accuracy of BVA’s estimate of the 

burden of the proposed collection of 

information; (3) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and (4) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

the use of other forms of information 

technology. 

Title: Clarification of Notice of 

Disagreement. 

OMB Control Number: 2900–0674. 

Type of Review: Extension of a 

currently approved collection. 

Abstract: A Notice of Disagreement 

(NOD) is a written communication from 

a claimant or his or her representative 

to express disagreement or 

dissatisfaction with the result of an 

adjudicative determination by the 

agency of original jurisdiction (AOJ). 

The data collected will be used by the 

AOJ to reexamine the issues in dispute 

and to determine if additional review or 

development is warranted. 

Affected Public: Individuals or 

households. 

Estimated Total Annual Burden: 

135,505. 

Estimated Average Burden per 

Respondent: 1 hour. 

Frequency of Response: On occasion. 

Estimated Total Number of 

Respondents: 125,505. 

Dated: February 22, 2012. 

By direction of the Secretary. 

Denise McLamb, 

Program Analyst, Enterprise Records Service. 

[FR Doc. 2012–4587 Filed 2–27–12; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

[OMB Control No. 2900–0701] 

Proposed Information Collection 

(Bereaved Family Member Satisfaction 

Survey) Activity: Comment Request 

AGENCY: Veterans Health 

Administration, Department of Veterans 

Affairs. 

ACTION: Notice. 

SUMMARY: The Veterans Health 

Administration (VHA), Department of 

Veterans Affairs (VA), is announcing an 

opportunity for public comment on the 

proposed collection of certain 

information by the agency. Under the 

Paperwork Reduction Act (PRA) of 

1995, Federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information, including each extension 

of a currently approved collection, and 

allow 60 days for public comment in 

response to the notice. This notice 

solicits comments for information to 

needed to assess the quality of care 

provided to veterans prior to his or her 

death. 

DATES: Written comments and 

recommendations on the proposed 

collection of information should be 

received on or before April 30, 2012. 

ADDRESSES: Submit written comments 

on the collection of information through 

Federal Docket Management System 


tkelley on DSK3SPTVN1PROD with NOTICES