Patrick D. Broe, OmniTRAX, Inc., and OmniTRAX Holdings, LLC-Continuance in Control Exemption-Brownsville & Rio Grande International Railway, LLC, 43531-43532 [2014-17526]
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emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices
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required to annually report the data
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Send comments within 30 days, to the
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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
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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.
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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.
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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]
-----------------------------------------------------------------------
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