Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Notices 68401 

3Eighteen Thirty has attached a letter from CSXT 

stating that it issued the deed for the sale of the Line 

of July 10, 2006, but that it will not exercise its 

statutory right to reacquire the Line and that it 

waives its rights under the statute. 

4Eighteen Thirty states that approval by the 

bankruptcy court could take up to 60 days. 

1The remaining 5% interest in Georges Creek is 

owned by Patrick Stakem. 

2The Board authorized abandonment of the Line 

in CSX Transportation, Inc.—Abandonment 

Exemption—in Allegany County, Md., AB 55 (SubNo. 659X) (STB served Aug. 25, 2005). By decision 

served December 14, 2005, WMS, LLC (WMS) was 

authorized to acquire the Line pursuant to the 

Board’s offer of financial assistance (OFA) 

provisions at 49 U.S.C. 10904 and 49 CFR 1152.27, 

and by decision served August 18, 2006, James 

Riffin was substituted as the acquiring entity in lieu 

of WMS. 

3Eighteen Thirty has attached a letter from CSXT 

stating that it issued the deed for the sale of the Line 

on July 10, 2006, but that it will not exercise it 

statutory right to reacquire the Line and that it 

waives its rights under the statute. 

4Applicants state that consummation of this 

transaction is dependent upon bankruptcy court 

approval of the acquisition of the Line by Eighteen 

Thirty, a process likely to take up to 60 days. 

the OFA requirements of 49 U.S.C. 

10904(f)(4)(A). The latter provision 

forbids an entity that has acquired a rail 

line under the OFA process from 

transferring that line to any entity other 

than the abandoning rail carrier from 

which it was originally purchased prior 

to the end of the fifth year after 

consummation of the sale.3

Eighteen Thirty states that it intends 

to consummate this transaction once the 

bankruptcy court approves its purchase 

agreement, but no sooner than 

November 18, 2010, the effective date of 

this exemption (30 days after the 

exemption was filed).4

Eighteen Thirty certifies that its 

projected revenues as a result of this 

transaction will not result in the 

creation of a Class II or Class I rail 

carrier and will not exceed $5 million 

annually. 

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 no later than November 10, 2010 

(at least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to FD 35438, must 

be filed with the Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. In addition, one copy 

of each pleading must be served on John 

D. Heffner, John D. Heffner, PLLC, 1750 

K Street, NW., Suite 200, Washington, 

DC 20006. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: November 1, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2010–27968 Filed 11–4–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35436] 

Duncan Smith and Gerald Altizer— 

Continuance in Control Exemption— 

Eighteen Thirty Group, LLC and 

Georges Creek Railway, LLC 

Duncan Smith and Gerald Altizer 

(collectively applicants), noncarrier 

individuals, have filed a verified notice 

of exemption to continue in control of 

Eighteen Thirty Group, LLC (Eighteen 

Thirty) and Georges Creek Railway, LLC 

(Georges Creek), upon Eighteen Thirty 

and Georges Creek becoming Class III 

rail carriers. Mr. Smith owns 80% of 

Eighteen Thirty and 75% of Georges 

Creek. Mr. Altizer owns a 20% interest 

in each company and will manage the 

operations of Georges Creek.1

Applicants do not currently control any 

other rail carriers. 

This transaction is related to two 

simultaneously filed notices of 

exemption: (1) Docket No. FD 35437, 

Georges Creek Railway, LLC—Operation 

Exemption—in Allegany County, Md., in 

which Georges Creek seeks an 

exemption under 49 CFR 1150.31 to 

operate an 8.54-mile line of railroad 

between milepost BAI 27.0 near 

Morrison and milepost BAI 18.46 at the 

end of the track near Carlos, in Allegany 

County, Md., (the Line); and (2) Docket 

No. FD 35438, Eighteen Thirty Group, 

LLC—Acquisition Exemption—in 

Allegany County, Md., in which 

Eighteen Thirty seeks an exemption 

under 49 CFR 1150.31 to acquire the 

Line pursuant to its agreement with 

Mark J. Friedman, Chapter 7 Trustee of 

the Bankruptcy Estate of James Riffin.2

This transaction is also related a 

petition simultaneously filed by 

Eighteen Thirty in Docket No. AB 55 

(Sub-No. 659X), CSX Transportation, 

Inc.—Abandonment Exemption—in 

Allegany County, Md., seeking an 

exemption under 49 U.S.C. 10502 and 

from the OFA requirements of 49 U.S.C. 

10904(f)(4)(A). The latter provision 

forbids an entity that has acquired a rail 

line under the OFA process from 

transferring that line to any entity other 

than the abandoning rail carrier from 

which it was originally purchased prior 

to the end of the fifth year after 

consummation of the sale.3

The transaction is scheduled to be 

consummated no sooner than November 

18, 2010, the effective date of the 

exemption (30 days after the exemption 

was filed).4

Applicants state that: (1) Because 

Eighteen Thirty will be a non-operating 

carrier, the railroads will not connect 

with each other; (2) the continuance in 

control is not part of a series of 

anticipated transactions that would 

connect these railroads with one 

another or any other railroad in their 

corporate family; and (3) the transaction 

does not involve a Class I rail carrier. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 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. Section 11326(c), however, 

does not provide for labor protection for 

transactions under §§ 11324 and 11325 

that involve only Class III rail carriers. 

Accordingly, the Board may not impose 

labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

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 no later than November 10, 2010 

(at least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to FD 35436, must 

be filed with the Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. In addition, one copy 

of each pleading must be served on John 

D. Heffner, PLLC, 1750 K Street, NW., 

Suite 200, Washington, DC 20006. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: November 1, 2010. 

mstockstill on DSKH9S0YB1PROD with NOTICES

68402 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Notices 

1The Board authorized abandonment of the Line 

in CSX Transportation, Inc.—Abandonment 

Exemption—in Allegany County, Md., No. AB 55 

(Sub–No. 659X) (STB served Aug. 25, 2005). By 

decision served December 14, 2005, WMS, LLC 

(WMS) was authorized to acquire the Line pursuant 

to the Board’s offer of financial assistance (OFA) 

provisions at 49 U.S.C. 10904 and 49 CFR 1152.27, 

and by decision served August 18, 2006, James 

Riffin was substituted as the acquiring entity in lieu 

of WMS. 

2Eighteen Thirty has attached a letter from CSXT 

stating that it issued the deed for the sale of the Line 

on July 10, 2006, but that it will not exercise its 

statutory right to reacquire the Line and that it 

waives its rights under the statute. 

3 Georges Creek states that approval by the 

bankruptcy court of Eighteen Thirty’s purchase 

agreement could take up to 60 days. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2010–27993 Filed 11–4–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35437] 

Georges Creek Railway, LLC— 

Operation Exemption—in Allegany 

County, MD 

Georges Creek Railway, LLC (Georges 

Creek), a noncarrier, has filed a verified 

notice of exemption under 49 CFR 

1150.31 to operate an 8.54-mile line of 

railroad between milepost BAI 27.0 near 

Morrison and milepost BAI 18.46 at the 

end of the track near Carlos, in Allegany 

County, Md., (the Line).1

This transaction is related to two 

simultaneously filed notices of 

exemption: (1) Docket No. FD 35438, 

Eighteen Thirty Group, LLC— 

Acquisition Exemption—in Allegany 

County, Md., in which Eighteen Thirty 

Group, LLC (Eighteen Thirty), seeks an 

exemption under 49 CFR 1150.31 to 

acquire the Line pursuant to its 

agreement with Mark J. Friedman, 

Chapter 7 Trustee of the Bankruptcy 

Estate of James Riffin; and (2) Docket 

No. FD 35436, Duncan Smith and 

Gerald Altizer—Continuance in Control 

Exemption—Eighteen Thirty Group, LLC 

and Georges Creek Railway, LLC, in 

which Duncan Smith and Gerald 

Altizer, the owners of Eighteen Thirty 

and Georges Creek, seek an exemption 

to continue in control of Eighteen Thirty 

and Georges Creek upon their becoming 

Class III rail carriers. 

This transaction is also related to a 

petition simultaneously filed by 

Eighteen Thirty in Docket No. AB 55 

(Sub-No. 659X), CSX Transportation, 

Inc.—Abandonment Exemption—in 

Allegany County, Md., seeking an 

exemption under 49 U.S.C. 10502 from 

the OFA requirements of 49 U.S.C. 

10904(f)(4)(A). The latter provision 

forbids an entity that has acquired a rail 

line under the OFA process from 

transferring that line to any entity other 

than the abandoning rail carrier from 

which it was originally purchased prior 

to the end of the fifth year after 

consummation of the sale.2

Georges Creek states that it intends to 

consummate this transaction once the 

bankruptcy court approves Eighteen 

Thirty’s purchase agreement, but no 

sooner than November 18, 2010, the 

effective date of the exemption (30 days 

after this exemption was filed).3

Georges Creek certifies that its 

projected revenues as a result of this 

transaction will not result in the 

creation of a Class II or Class I rail 

carrier and will not exceed $5 million 

annually. 

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 no later than November 10, 2010 

(at least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to FD 35437, must 

be filed with the Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. In addition, one copy 

of each pleading must be served on John 

D. Heffner, John D. Heffner, PLLC, 1750 

K Street, NW., Suite 200, Washington, 

DC 20006. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: November 1, 2010. 

By the Board. 

Rachel D. Campbell, 

Director, Office of Proceedings. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2010–27996 Filed 11–4–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Open Meeting of the President’s 

Advisory Council on Financial 

Capability 

AGENCY: Department of the Treasury. 

ACTION: Notice of meeting. 

SUMMARY: The President’s Advisory 

Council on Financial Capability 

(‘‘Council’’) will convene its first 

meeting on November 30, 2010, in the 

Cash Room of the Main Treasury 

Building, 1500 Pennsylvania Avenue, 

NW., Washington, DC, beginning at 

2 p.m. Eastern Time. The meeting will 

be open to the public. The purpose of 

the meeting is to discuss organizational 

matters and strategic areas of focus. 

DATES: The meeting will be held on 

November 30, 2010, at 2 p.m. Eastern 

Time. 

Submission of Written Statements: 

The public is invited to submit written 

statements to the Council. Written 

statements should be sent by any one of 

the following methods: 

Electronic Statements 

E-mail ofe@do.treas.gov; or 

Paper Statements 

Send paper statements to the 

Department of the Treasury, Office of 

Financial Education and Financial 

Access, Main Treasury Building, 1500 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

In general, the Department will make 

all statements available in their original 

format, including any business or 

personal information provided such as 

names, addresses, e-mail addresses, or 

telephone numbers, for public 

inspection and photocopying in the 

Department’s library, Room 1428, Main 

Department Building, 1500 

Pennsylvania Avenue, NW., 

Washington, DC 20220, on official 

business days between the hours of 

10 a.m. and 5 p.m. You can make an 

appointment to inspect statements by 

calling (202) 622–0990. All statements 

received, including attachments and 

other supporting materials, are part of 

the public record and subject to public 

disclosure. You should only submit 

information that you wish to make 

publicly available. 

FOR FURTHER INFORMATION CONTACT: 

Dubis Correal, Director, Office of 

Financial Education, Department of the 

Treasury, 1500 Pennsylvania Avenue, 

NW., Washington, DC 20220, at (202) 

622–5770 or ofe@do.treas.gov. 

SUPPLEMENTARY INFORMATION: On 

January 29, 2010, the President signed 

Executive Order 13530, creating the 

Council to assist the American people in 

understanding financial matters and 

making informed financial decisions, 

and thereby contribute to financial 

stability. The Council is composed of 

two ex officio Federal officials and 12 

non-governmental members appointed 

by the President with relevant 

backgrounds, such as financial services, 

consumer protection, financial access, 

mstockstill on DSKH9S0YB1PROD with NOTICES