Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Notices 14183

Maritime Administration

[Docket S–943 Sub. 1]

Lykes Bros. Steamship Co., Inc.;

Notice of Additional Application for

Written Permission Pursuant to

Section 805(a) of the Merchant Marine

Act, 1936, as Amended

Lykes Bros. Steamship Co., Inc.

(Lykes), by letter of March 20, 1997,

requests additional written permission

to its March 14, 1997, request published

on March 19, 1997 (62 F.R. 13209–11),

pursuant to section 805(a) of the

Merchant Marine Act, 1936, as amended

(Act), and Lykes’ Operating-Differential

Subsidy Agreement (ODSA), Contract

MA/MSB–451 to become affiliated after

the confirmation of its Chapter 11 plan

of reorganization (Reorganization Plan),

when it will emerge from Chapter 11 as

a reorganized entity (Reorganized

Lykes), with GATX Third Aircraft.

Lykes’ operating-differential subsidy

(ODS) is effective through December 31,

1997, for seven vessels. The additional

information involves GATX Third

Aircraft which is owned by GATX

Capital, which is owned by GATX

Financial Services, which in turn is

owned by GATX Corporation, which

owns but leases out and does not

operate the following vessels in the

domestic trade:

DAVID NORTON

G. STINSON

WOLVERINE

ITBU PRESQUE ISLE

The above four vessels are selfunloading bulk vessels engaged in trade

on the Great Lakes.

TANK BARGE TEXAS

TANK BARGE PENNSYLVANIA

These barges are operated in the

coastwise trade and carry petroleum

products.

68 Double Skin Tank Barges

These barges carry petroleum

products and chemicals on U.S. rivers

and inland waterways and occasionally

operate in the U.S. coastwise trades.

The ‘‘affiliation’’ giving rise to this

request for permission will be created as

part of a restructuring under the

supervision of the United States

Bankruptcy Court. Lykes believes that

the operational facts of this situation

should be distinguished from the more

common section 805(a) situation in

which an ODS contractor wishes to

directly or indirectly establish a

domestic service. While GATX Third

Aircraft owns the vessels involved, they

are all leased and operated by others.

Lykes states that neither GATX Third

Aircraft nor any of its parent companies

have any affiliation whatever with the

ODS contractor, and the circumstances

giving rise to the need for section 805(a)

permission will have absolutely no

impact on the way in which that

domestic service is provided.

Lykes indicates that Lykes and GATX

Third Aircraft and the latter’s parent

companies currently have no

operational relationship whatsoever.

According to Lykes, that situation will

continue after approval of the

Reorganization Plan and acquisition of

ownership of Lykes. Reorganized Lykes

will continue as the ODS contractor,

and GATX Third Aircraft will not be

involved in any way in Reorganized

Lykes’ operations. Reorganized Lykes

and GATX Third Aircraft will have

separate management, separate books,

and separate operational staff, and will

provide geographically separate

services. The only relationship between

the companies will be that they will

have a common ultimate parent. In the

case of Reorganized Lykes, that ultimate

parent (GATX Corporation) is three

companies ‘‘up stream’’ in the corporate

ownership hierarchy. According to

Lykes, no subsidy paid to Reorganized

Lykes will be diverted directly or

indirectly to GATX Third Aircraft,

nothing in GATX Third Aircraft’s

finances or operations will change as a

result of the reorganization, and there

will be no impact on any competitor.

For the foregoing reasons, and in light

of the degree of separation between

Reorganized Lykes and GATX Third

Aircraft and the short remaining term of

Lykes’ ODS contract, Lykes requests that

the Secretary issue written permission

pursuant to section 805(a) for

Reorganized Lykes to become affiliated

with GATX Third Aircraft. Because this

permission is an integral part of the

Reorganization Plan under

consideration by the Bankruptcy Court,

Lykes respectfully requests that its

application be given the most

expeditious possible consideration and

that written permission be granted as

soon as possible.

The application may be inspected in

the Office of the Secretary, Maritime

Administration. Any person, firm or

corporation having any interest (within

the meaning of section 805(a)) in Lykes’

request and desiring to submit

comments concerning the request must

by 5:00 PM on March 28, 1997, file

written comments in triplicate with the

Secretary, Maritime Administration,

together with petition for leave to

intervene. The petition shall state

clearly and concisely the grounds of

interest, and the alleged facts relied on

for relief.

If no petition for leave to intervene is

received within the specified time or if

it is determined that petitions filed do

not demonstrate sufficient interest to

warrant a hearing, the Maritime

Administration will take such actions as

may be deemed appropriate.

In the event petitions regarding the

relevant section 805(a) issues are

received from parties with standing to

be heard, a hearing will be held, the

purpose of which will be to receive

evidence under section 805(a) relative to

whether the proposed operations (a)

could result in unfair competition to

any person, firm, or corporation

operating exclusively in the coastwise

or intercoastal service, or (b) would be

prejudicial to the objects and policy of

the Act relative to domestic trade

operations.

(Catalog of Federal Domestic Assistance

Program No. 20.805 (Operating-Differential

Subsidy))

By Order of the Maritime Administrator.

Dated: March 21, 1997.

Joel C. Richard,

Secretary.

[FR Doc. 97–7658 Filed 3–24–97; 8:45 am]

BILLING CODE 9410–81–P

National Highway Traffic Safety

Administration

[Docket 74–40; Notice 11]

Insurance Cost Information

Regulation; Correction

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Notice of text and data for 1997

Insurance Cost Information Booklet;

correction.

SUMMARY: The Docket No. 74–40; Notice

9, as it appeared in the Federal Register

on March 7, 1997, on page 10607, is

incorrect. It should appear as Docket

74–40; Notice 10.

Authority: 49 U.S.C. 32302; delegation of

authority at 49 CFR 1.50(f).

Issued: March 19, 1997.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 97–7383 Filed 3–24–97; 8:45 am]

BILLING CODE 4910–59–M