Patrick D. Broe, OmniTRAX, Inc., and OmniTRAX Holdings, LLC-Continuance in Control Exemption-Brownsville & Rio Grande International Railway, LLC, 43531-43532 [2014-17526]

Download as PDF emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices request reporting entities to voluntarily collect and annually report the data described above utilizing the described Web-based data collection tool. Reporting entities are state level 9–1–1 program officials, and the data reported will reflect state-level aggregated data. Where a state statute has not established a state-level 9–1–1 program, the authorized entity is the state E9–1–1 Coordinator designated under 47 U.S.C. 942(b)(3)(A)(ii). The total number of respondents is identified at fifty-six (56), including the fifty states and the six U.S. Territories of Guam, U.S. Minor Outlying Islands, American Samoa, Mariana Islands, U.S. Virgin Islands, and Puerto Rico. Estimated Number of Respondents: The maximum number of respondents is 56. Estimated Number of Responses: NHTSA estimates 40–45 responses annually. Estimated Total Annual Burden Hours: NHTSA estimates that the time required to annually report the data described utilizing the Web-based tool will be three hours (2 hours of preparation, 1 hour of entry to Web site) per reporting entity, for a total of 168 hours for all entities. The respondents would not incur any reporting costs from the information collection beyond the time it takes to gather the information, prepare it for reporting and then populate the Webbased data collection tool. The respondents also would not incur any recordkeeping burden or recordkeeping costs from the information collection. Send comments within 30 days, to the U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140. Telephone: 1–800–647–5527. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is most effective if OMB receives it within 30 days of publication. Frequency of Collection: Data will be collected annually. ADDRESSES: Send comments regarding the burden estimate, including VerDate Mar<15>2010 18:34 Jul 24, 2014 Jkt 232001 suggestions for reducing the burden, to the Office of Management and Budget, Attention: Desk Officer for the Office of the Secretary of Transportation, 725 17th Street NW., Washington, DC 20503. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48. Issued in Washington, DC, on July 22, 2014. Jeffrey P. Michael, Associate Administrator, Research and Program Development. [FR Doc. 2014–17532 Filed 7–24–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35837] Patrick D. Broe, OmniTRAX, Inc., and OmniTRAX Holdings, LLC— Continuance in Control Exemption— Brownsville & Rio Grande International Railway, LLC Patrick D. Broe (Mr. Broe), OmniTRAX, Inc. (OmniTRAX), and OmniTRAX Holdings, LLC (Omni Holdings) (collectively, Applicants), have filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Brownsville & Rio Grande International Railway, LLC (BRGIR), a noncarrier, upon BRGIR’s becoming a common carrier.1 This transaction is related to a concurrently filed verified notice of exemption in Brownsville & Rio Grande International Railway, LLC—Change In Operator Exemption Including Interchange Commitment—Brownsville & Rio Grande International Railroad, Docket No. FD 35836, in which BRGIR seeks an exemption under 49 CFR 1150.31 to change operators from 1 The verified notice of exemption indicates that Mr. Broe is a noncarrier who directly controls noncarrier OmniTRAX, which directly controls Omni Holdings, a holding company that controls 11 Class III carriers. Mr. Broe also controls five other Class III carriers indirectly through other entities. PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 43531 Brownsville & Rio Grande International Railroad (BRG) to BRGIR over certain rail lines currently operated by BRG in and around the seaport facilities of the Brownsville Navigation District of Cameron County, Tex., (the District) at the Port of Brownsville, Tex.2 The earliest this transaction can be consummated is August 10, 2014, the effective date of the exemption (30 days after the verified notice was filed). Applicants indicate that they intend to consummate the proposed transaction on or about August 11, 2014. Applicants represent that: (1) BRGIR will not connect with any of the other railroads controlled by Omni Holdings or Mr. Broe, (2) the continuance in control is not part of a series of anticipated transactions that would connect some or all of those railroads; 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 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 would not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than August 1, 2014 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35837, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of each pleading 2 Specifically, under the transaction contemplated in Docket No. FD 35836, (1) BRGIR will become the operator of 10.5 miles of rail line and 39.5 miles of ancillary track (collectively, the District Trackage) in and around the Port of Brownsville, including Palo Alto Yard; (2) BRG will assign to BRGIR its leasehold interests in a rail line owned by Union Pacific Railroad Company (UP) known as the ‘‘Port Lead’’ between milepost 2.20 near Arthur Street in Brownsville, Tex., and milepost 7.92 at a point of connection with the District Trackage at the western end of the Port of Brownsville; and (3) BRGIR will assume by assignment BRG’s overhead trackage rights over UP’s ‘‘New Port Lead’’ between milepost 7.49 and milepost 9.47, enabling BRGIR to access Palo Alto Yard. E:\FR\FM\25JYN1.SGM 25JYN1 43532 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices must be served on Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606– 2832. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: July 21, 2014. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Raina S. White, Clearance Clerk. [FR Doc. 2014–17526 Filed 7–24–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35836] Brownsville & Rio Grande International Railway, LLC—Change In Operator Exemption Including Interchange Commitment—Brownsville & Rio Grande International Railroad emcdonald on DSK67QTVN1PROD with NOTICES Brownsville & Rio Grande International Railway, LLC (BRGIR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to change operators from Brownsville & Rio Grande International Railroad (BRG) to BRGIR over certain rail lines currently operated by BRG in and around the seaport facilities of the Brownsville Navigation District of Cameron County, Tex., (the District) 1 at the Port of Brownsville, Tex. Specifically: (1) BRGIR will become the operator of 10.5 miles of rail line and 39.5 miles of ancillary track (collectively, the District Trackage) in and around the Port of Brownsville, including Palo Alto Yard; (2) BRG will assign to BRGIR its leasehold interests in a rail line owned by Union Pacific Railroad Company (UP) known as the ‘‘Port Lead’’ between milepost 2.20 near Arthur Street in Brownsville, Tex., and milepost 7.92 at a point of connection 1 According to the verified notice of exemption, the District is a political subdivision of the State of Texas that manages operations within the Port of Brownsville and owns railroad trackage within the port terminal area as well as within Palo Alto Yard. BRG obtained authority to operate the District Trackage in 1984. See Brownsville & Rio Grande Int’l R.R.—Operation—Port of Brownsville, Brownsville, Tex., FD 30255 (ICC served Sept. 8, 1984). BRGIR will operate the District Trackage under a new Master Franchise Agreement (MFA) between the District and BRGIR’s corporate affiliate, OmniTRAX, Inc. (OmniTRAX). When BRGIR is ready to assume railroad operations in place of BRG, OmniTRAX will convey the railroad operating rights under the MFA to BRGIR. BRGIR has submitted to the Board an unredacted copy of the MFA. See Anthony Macrie—Continuance in Control Exemption—N.J. Seashore Lines, FD 35296 (STB served Aug. 31, 2010). VerDate Mar<15>2010 18:34 Jul 24, 2014 Jkt 232001 with the District Trackage at the western end of the Port of Brownsville; and (3) BRGIR will assume by assignment BRG’s overhead trackage rights over UP’s ‘‘New Port Lead’’ between milepost 7.49 and milepost 9.47, enabling BRGIR to access Palo Alto Yard. This change in operators is exempt under 49 CFR 1150.31(3). BRGIR states that the existing lease that BRG will assign to BRGIR, governing operation of the Port Lead, contains an interchange commitment in favor of UP that applies to (and is limited to) traffic originating and terminating on the Port Lead. As required under 49 CFR 1150.33(h)(1), BRGIR has provided additional information concerning the interchange commitment. BRGIR certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier. However, because its projected annual revenues will exceed $5 million, BRGIR certifies that, pursuant to 49 CFR 1150.32(e), it provided notice on June 12, 2014, to employees on the affected lines and that notice was not served on the national offices of any rail labor union because no employees on the affected lines are represented by any labor union. Additionally, under 49 CFR 1150.32(b), a change in operators requires that notice be given to shippers. BRGIR certifies that notice has been given to all shippers on the affected lines. The earliest this transaction can be consummated is August 11, 2014. BRGIR indicates that consummation is expected to occur on or after that date. This transaction is related to a concurrently filed verified notice of exemption in Patrick D. Broe— Continuance in Control Exemption— Brownsville & Rio Grande International Railway, Docket No. FD 35837, in which Patrick D. Broe, OmniTRAX, and OmniTRAX Holdings, LLC seek the Board’s approval under 49 CFR 1180.2(d)(2) to continue in control of BRGIR upon BRGIR’s becoming a common carrier. 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 for stay must be filed no later than August 4, 2014 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35836, must be filed with the Surface PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606– 2832. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: July 21, 2014. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Raina. S. White, Clearance Clerk. [FR Doc. 2014–17527 Filed 7–24–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request July 22, 2014. The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before August 25, 2014 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestions for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at OIRA_Submission@ OMB.EOP.gov and (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8140, Washington, DC 20220, or email at PRA@treasury.gov. FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be obtained by emailing PRA@treasury.gov, calling (202) 927–5331, or viewing the entire information collection request at www.reginfo.gov. Financial Crimes Enforcement Network (FinCEN) OMB Number: 1506–0018. Type of Review: Extension without change of a currently approved collection. Title: Report of Cash Payment Over $10,000 Received in a Trade or Business. Form: 8300. E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43531-43532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17526]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35837]


Patrick D. Broe, OmniTRAX, Inc., and OmniTRAX Holdings, LLC--
Continuance in Control Exemption--Brownsville & Rio Grande 
International Railway, LLC

    Patrick D. Broe (Mr. Broe), OmniTRAX, Inc. (OmniTRAX), and OmniTRAX 
Holdings, LLC (Omni Holdings) (collectively, Applicants), have filed a 
verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of Brownsville & Rio Grande International Railway, 
LLC (BRGIR), a noncarrier, upon BRGIR's becoming a common carrier.\1\
---------------------------------------------------------------------------

    \1\ The verified notice of exemption indicates that Mr. Broe is 
a noncarrier who directly controls noncarrier OmniTRAX, which 
directly controls Omni Holdings, a holding company that controls 11 
Class III carriers. Mr. Broe also controls five other Class III 
carriers indirectly through other entities.
---------------------------------------------------------------------------

    This transaction is related to a concurrently filed verified notice 
of exemption in Brownsville & Rio Grande International Railway, LLC--
Change In Operator Exemption Including Interchange Commitment--
Brownsville & Rio Grande International Railroad, Docket No. FD 35836, 
in which BRGIR seeks an exemption under 49 CFR 1150.31 to change 
operators from Brownsville & Rio Grande International Railroad (BRG) to 
BRGIR over certain rail lines currently operated by BRG in and around 
the seaport facilities of the Brownsville Navigation District of 
Cameron County, Tex., (the District) at the Port of Brownsville, 
Tex.\2\
---------------------------------------------------------------------------

    \2\ Specifically, under the transaction contemplated in Docket 
No. FD 35836, (1) BRGIR will become the operator of 10.5 miles of 
rail line and 39.5 miles of ancillary track (collectively, the 
District Trackage) in and around the Port of Brownsville, including 
Palo Alto Yard; (2) BRG will assign to BRGIR its leasehold interests 
in a rail line owned by Union Pacific Railroad Company (UP) known as 
the ``Port Lead'' between milepost 2.20 near Arthur Street in 
Brownsville, Tex., and milepost 7.92 at a point of connection with 
the District Trackage at the western end of the Port of Brownsville; 
and (3) BRGIR will assume by assignment BRG's overhead trackage 
rights over UP's ``New Port Lead'' between milepost 7.49 and 
milepost 9.47, enabling BRGIR to access Palo Alto Yard.
---------------------------------------------------------------------------

    The earliest this transaction can be consummated is August 10, 
2014, the effective date of the exemption (30 days after the verified 
notice was filed). Applicants indicate that they intend to consummate 
the proposed transaction on or about August 11, 2014.
    Applicants represent that: (1) BRGIR will not connect with any of 
the other railroads controlled by Omni Holdings or Mr. Broe, (2) the 
continuance in control is not part of a series of anticipated 
transactions that would connect some or all of those railroads; 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 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 would not automatically stay the effectiveness of the exemption. 
Petitions for stay must be filed no later than August 1, 2014 (at least 
7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35837, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading

[[Page 43532]]

must be served on Robert A. Wimbish, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: July 21, 2014.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2014-17526 Filed 7-24-14; 8:45 am]
BILLING CODE 4915-01-P