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

1Wellsboro & Corning R.R.—Acquis. & Operation 

Exemption—Wellsboro & Corning R.R., FD 35595 

(STB served Feb. 22, 2012). 

2On February 3, 2012, in Docket No. FD 35592, 

RailAmerica et al. filed a petition for exemption 

from the prior approval requirements of 49 U.S.C. 

11323–25 to acquire control of Marquette Rail, LLC, 

a Class III rail carrier. The Board issued a notice on 

February 28, 2012, instituting an exemption 

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

Issued in Washington, DC, on March 20, 

2012. 

Jeffrey D. Wiese, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2012–7080 Filed 3–22–12; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35605] 

RailAmerica, Inc., Palm Beach Rail 

Holding, Inc., RailAmerica 

Transportation Corp., RailTex, Inc., 

Fortress Investment Group, LLC, and 

RR Acquisition Holding, LLC—Control 

Exemption—Wellsboro & Corning 

Railroad, LLC 

RailAmerica, Inc. (RailAmerica), Palm 

Beach Rail Holding, Inc. (Palm Beach), 

RailAmerica Transportation Corp. 

(RTC), RailTex, Inc. (RailTex), Fortress 

Investment Group, LLC (Fortress), and 

RR Acquisition Holding, LLC (RR 

Acquisition) (collectively, RailAmerica 

et al.), have filed a verified notice of 

exemption to acquire indirect control of 

the Wellsboro & Corning Railroad, LLC 

(W&C), a Class III rail carrier, through 

the acquisition of control of TransRail 

Holdings, LLC (TransRail), the parent of 

W&C, by RailTex. 

The proposed transaction is 

scheduled to be consummated on or 

after April 7, 2012 (30 days after the 

notice of exemption was filed). 

W&C acquired the assets of the 

Wellsboro & Corning Railroad Co.1 W&C 

owns and operates 35.5 miles of track 

between Wellsboro, PA., milepost 

109.90, and Erwin, N.Y., milepost 74.70, 

in Tioga County, PA., and Steuben 

County, N.Y. W&C interchanges traffic 

with the Norfolk Southern Railway 

Company and the Canadian Pacific 

Railway Company. 

According to the verified notice of 

exemption, RailTex entered a Unit 

Purchase Agreement dated January 31, 

2012 (the Agreement), with (1) 

TransRail, (2) Industrial Waste Group, 

LLC (IWG), (3) Wellsboro & Corning 

Railroad Co., and (4) A. Thomas Myles 

III, A. Thomas Myles IV, and William 

Myles (the MG Principals). The MG 

Principals own TransRail, and TransRail 

owns W&C and the successor to IWG. 

Under the Agreement, RailTex will 

acquire 100% of the Class A Common 

Units of TransRail, giving RailTex a 

70% ownership interest in TransRail 

and control of W&C through TransRail. 

The MG Principals will retain the Class 

B Common Units of TransRail, thereby 

retaining a 30% interest in TransRail, 

though they will not retain control or 

the power to control W&C. 

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.2

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 Corp., which 

directly controls Florida East Coast 

Railway, LLC, a Class II rail carrier. 

RailAmerica et al. states that: (1) W&C 

does not connect with any of 

RailAmerica’s subsidiary railroads; (2) 

the proposed transaction is not part of 

a series of anticipated transactions to 

connect W&C and any of RailAmerica’s 

subsidiary railroads; and (3) the 

proposed transaction does not involve a 

Class I rail carrier. The proposed 

transaction is therefore exempt from the 

prior approval requirements of 49 U.S.C. 

11323 pursuant to 49 CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Because the transaction 

involves the control of one or more 

Class III rail carriers and one Class II rail 

carrier, the transaction is subject to the 

labor protective requirements of 49 

U.S.C. 11326(b) and Wisconsin Central 

Ltd.—Acquisition Exemption—Lines of 

Union Pacific Railroad, 2 S.T.B. 218 

(1997). 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions to stay must be 

filed by March 30, 2012 (at least seven 

days before the exemption becomes 

effective). 

An original and ten copies of all 

pleadings, referring to Docket No. FD 

35605 must be filed with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on: Louis E. Gitomer, 600 

Baltimore Avenue, Suite 301, Towson, 

MD 21204. 

Board decisions and notices are 

available on our Web site at 

www.stb.dot.gov. 

Decided: March 20, 2012. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Raina S. White, 

Clearance Clerk. 

[FR Doc. 2012–7054 Filed 3–22–12; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. EP 290 (Sub-No. 5) (2012–2)] 

Quarterly Rail Cost Adjustment Factor 

AGENCY: Surface Transportation Board, 

Department of Transportation. 

ACTION: Approval of rail cost adjustment 

factor. 


srobinson on DSK4SPTVN1PROD with NOTICES
17122 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 

1A redacted version of the Agreement between 

NSR and ISRR was filed with the notice of 

exemption. ISRR simultaneously filed a motion for 

protective order for approval to file under seal the 

unredacted version of the Agreement. That motion 

will be addressed in a separate decision. 

2Accompanying its verified notice of exemption, 

ISRR also filed a request to waive the requirement 

at 49 CFR 1180.4(g)(1) that the verified notice be 

filed at least 30 days before the transaction is 

consummated. In a separate decision served today, 

the Board is denying that request. 

SUMMARY: The Board has approved the 

second quarter 2012 rail cost adjustment 

factor (RCAF) and cost index filed by 

the Association of American Railroads. 

The second quarter 2012 RCAF 

(Unadjusted) is 1.185. The second 

quarter 2012 RCAF (Adjusted) is 0.520. 

The second quarter 2012 RCAF–5 is 

0.492. 

DATES: Effective Date: April 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez, (202) 245–0333. Federal 

Information Relay Service (FIRS) for the 

hearing impaired: (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

on our Web site, http://www.stb.dot.gov. 

Copies of the decision may be 

purchased by contacting the Office of 

Public Assistance, Governmental 

Affairs, and Compliance at (202) 245– 

0238. Assistance for the hearing 

impaired is available through FIRS at 

(800) 877–8339. 

This action will not significantly 

affect either the quality of the human 

environment or energy conservation. 

Decided: March 19, 2012. 

By the Board, Chairman Elliott, Vice 

Chairman Mulvey, and Commissioner 

Begeman. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2012–7048 Filed 3–22–12; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35602] 

Indiana Southern Railroad, LLC— 

Temporary Trackage Rights 

Exemption—Norfolk Southern Railway 

Company 

Norfolk Southern Railway Company 

(NSR), pursuant to a written trackage 

rights agreement (Agreement), has 

agreed to grant overhead temporary 

trackage rights to Indiana Southern 

Railroad, LLC (ISRR) over NSR’s line of 

railroad between Oakland City Junction, 

Ind. (milepost 0.8 EJ) and Enosville, Ind. 

(milepost 4.8 EJ), a distance of 

approximately 4 miles.1

The transaction may be consummated 

on or after April 8, 2012, the effective 

date of the exemption (30 days after the 

verified notice of exemption was filed).2

The temporary trackage rights are 

scheduled to expire on December 31, 

2012. The purpose of the temporary 

trackage rights is to bridge loaded and 

empty coal trains between trackage at 

Log Creek Mine at Enosville and ISRR’s 

tracks at Oakland City Junction for 

further movement over ISRR’s line to 

Indiana Power and Light’s generating 

plant at Petersburg, Ind. 

As a condition to this exemption, any 

employees affected by the acquisition of 

the temporary trackage rights will be 

protected by the conditions imposed in 

Norfolk & Western Railway—Trackage 

Rights—Burlington Northern, Inc., 354 

I.C.C. 605 (1978), as modified in 

Mendocino Coast Railway, Inc.—Lease 

& Operate—California Western 

Railroad, 360 I.C.C. 653 (1980), and any 

employees affected by the 

discontinuance of those trackage rights 

will be protected by the conditions set 

out in Oregon Short Line Railroad & The 

Union Pacific Railroad—Abandonment 

Portion Goshen Branch Between Firth & 

Ammon, in Bingham & Bonneville 

Counties, Idaho, 360 I.C.C. 91 (1979). 

This notice is filed under 49 CFR 

1180.2(d)(8). If it contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the transaction. 

Petitions for stay must be filed no later 

than March 30, 2012 (at least 7 days 

before the exemption becomes 

effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35602, must be filed with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on John W. Humes, Jr., Senior 

Counsel, Rail America, Inc., 7411 

Fullerton Street, Jacksonville, FL 32256. 

Board decisions and notices are 

available on our Web site at 

www.stb.dot.gov. 

Decided: March 19, 2012. 

By the Board. 

Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2012–7053 Filed 3–22–12; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Proposed Collection; Comment 

Request; Office of the Procurement 

Executive 

AGENCY: Department of Treasury, 

Departmental Offices. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). The Department of the 

Treasury, Office of the Procurement 

Executive, is soliciting comments on 

these collections of information that are 

scheduled to expire. 

DATES: Written comments must be 

received on or before May 22, 2012 to 

be assured of consideration. 

ADDRESSES: You may submit comments 

by any of the following methods: 

www.PRAComment.gov. To provide 

your comments, selected the ‘‘comment 

page’’ link and follow the instructions 

for submitting comments. 

email: 

Frenando.Tonolete@treasury.gov. The 

subject line should contain the OMB 

number and title for which you are 

commenting. 

Mail: Fernando Tonolete, Office of the 

Procurement Executive, Department of 

the Treasury, 1500 Pennsylvania Ave. 

NW., Metropolitan Square, Suite 6B517, 

Washington DC 20220. 

All responses to this notice will be 

included in the request for OMB’s 

approval. All comments will also 

become a matter of public record. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

request a copy of the information 

collection should be directed to 

Fernando Tonolete (202) 622–6416. 

SUPPLEMENTARY INFORMATION: OMB 

Number: 1505–0080. 

Type of Review: Extension without 

change of a currently approved 

collection. 

Title: Post-Contract Award 

Information. 

Abstract: Information requested of 

contractors is specific to each contract 

and is required for Treasury to properly 

evaluate the progress made and/or 

management controls used by 

contractors providing supplies or 

services to the Government, and to 


srobinson on DSK4SPTVN1PROD with NOTICES