OmniTRAX Holdings Combined, Inc.-Continuance in Control Exemption-Central Texas & Colorado River Railway, LLC, 45596-45597 [2016-16674]

Download as PDF 45596 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices Under 49 U.S.C. 10502(g), we may not use our exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. The Board, however, is not required to impose labor protective conditions when only Class III rail carriers are involved in a transaction that falls under 49 U.S.C. 11324–25, as is the case here. 49 U.S.C. 11326(c). These transactions are categorically excluded from environmental review under 49 CFR. 1105.6(c)(2)(i) because they will not result in any significant change in carrier operations. Similarly, the transactions are exempt from the historic reporting requirements under 49 CFR. 1105.8(b)(3) because they will not substantially change the level of maintenance of railroad properties. As indicated, OmniTRAX has requested expedited action to avoid delays to critical railroad physical plant improvements. We find OmniTRAX’s request to be reasonable. We will grant the exemption and the exemption will be effective immediately. It is ordered: 1. Under 49 U.S.C. 10502, the Board exempts the above-described transactions from the prior approval requirements of 11323–25. 2. Notice will be published in the Federal Register. 3. This exemption will be effective on July 14, 2016. Decided: July 11, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2016–16671 Filed 7–13–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36018] asabaliauskas on DSK3SPTVN1PROD with NOTICES Central Texas & Colorado River Railway, LLC—Acquisition and Operation Exemption—Line of Heart of Texas Railroad, L.P. Central Texas & Colorado River Railway, LLC (CTCR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Heart of Texas Railroad, L.P. (HTR), and to operate a line of railroad extending between Lometa, Tex., and Brady, Tex. (the Brady Line). CTCR will acquire the 67.5-mile Brady Line, which connects with a BNSF Railway Company line at milepost 0.0 in Lometa and continues to we do not need to determine whether the transaction is limited in scope. See 49 U.S.C. 10502(a). VerDate Sep<11>2014 19:33 Jul 13, 2016 Jkt 238001 the end of the track in Brady, pursuant to a purchase and sale agreement. CTCR states that HTR has operated the Brady Line since 2013 when HTR acquired the Brady Line from the bankruptcy estate of the prior owner.1 CTCR is a subsidiary of OmniTRAX Holdings Combined, Inc. (OmniTRAX). This transaction is related to a concurrently filed verified notice of exemption in OmniTRAX Holdings Combined, Inc.—Continuance in Control Exemption—Central Texas & Colorado River Railway, Docket No. FD 36019, in which OmniTRAX seeks Board approval under 49 CFR 1180.2(d)(2) to continue in control of CTCR upon CTCR’s becoming a Class III rail carrier. OmniTRAX currently controls 18 Class III rail carriers (OmniTRAX Railroads) in the United States.2 This exemption is effective July 28, 2016. CTCR certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier and does not exceed $5 million. CTCR also certifies that the purchase and sale agreement between HTR and CTCR does not involve any provision limiting CTCR’s future interchange of traffic with a third-party connecting 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 to stay must be filed no later than July 21, 2016 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36018, must be filed with the Surface 1 See Heart of Tex. R.R.—Acquis. & Operation Exemption—Gulf Colo. & San Saba Ry., FD 35710 (STB served Jan. 4, 2013). 2 In its verified notice filed in Docket No FD. 36019, OmniTRAX explains that in preparing the two related class exemption filings, it was discovered that OmniTRAX had acquired direct and exclusive control of the 18 OmniTRAX Railroads on December 31, 2015. It states that it inadvertently did not seek advanced authority to engage in the acquisition of control, ‘‘in part because of the preexisting close association among all of the involved carriers and their largely common short line heritage.’’ On May 5, 2016, OmniTRAX filed a petition for exemption in Docket No. FD 36032 to seek the requisite authority to acquire control of the OmniTRAX Railroads, and by decision served on May 26, 2016, the Board held the notice of exemption proceedings in abeyance pending a ruling on the petition. The Board granted the petition in a decision served July 14, 2016, and therefore is removing this proceeding from abeyance and publishing this notice. PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on William C. Sippel, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606. According to CTCR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: July 11, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Tia Delano, Clearance Clerk. [FR Doc. 2016–16673 Filed 7–13–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36019] OmniTRAX Holdings Combined, Inc.— Continuance in Control Exemption— Central Texas & Colorado River Railway, LLC OmniTRAX Holdings Combined, Inc. (OmniTRAX) has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Central Texas & Colorado River Railway, LLC (CTCR), a noncarrier, upon CTCR’s becoming a Class III rail carrier. CTCR is a wholly owned subsidiary of OmniTRAX. This transaction is related to a concurrently filed verified notice of exemption in Central Texas & Colorado River Railway—Acquisition & Operation Exemption—Line of Heart of Texas Railroad, Docket No. FD 36018, in which CTCR seeks Board approval under 49 CFR 1150.31 to acquire and operate a line of railroad extending 67.5 miles from Lometa, Tex., to the end of the track at Brady, Tex. (the Brady Line). OmniTRAX is a noncarrier holding company that controls 18 Class III rail carrier subsidiaries (the OmniTRAX Railroads) subject to the Board’s jurisdiction.1 This transaction will 1 In its verified notice, OmniTRAX explains that in preparing the two related class exemption filings, it was discovered that OmniTRAX had acquired direct and exclusive control of the 18 OmniTRAX Railroads on December 31, 2015. It states that it inadvertently did not seek advanced authority to engage in the acquisition of control, ‘‘in part because of the preexisting close association among all of the involved carriers and their largely common short line heritage.’’ On May 5, 2016, OmniTRAX filed a petition for exemption in Docket No. FD 36032 to seek the requisite authority to acquire control of the OmniTRAX Railroads, and by decision served on May 26, 2016, the Board held the notice of exemption proceedings in abeyance E:\FR\FM\14JYN1.SGM 14JYN1 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES permit it to exercise common control of these entities and CTCR once CTCR acquires the Brady Line. The exemption will become effective July 28, 2016. OmniTRAX represents that: (1) The rail line to be acquired and operated by CTCR does not connect with the lines of any of the OmniTRAX Railroads; (2) the continuance in control transaction is not part of a series of anticipated transactions that would result in such a connection; and (3) the proposed transaction does not involve a Class I 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 for stay must be filed no later than July 21, 2016 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36019, 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 William C. Sippel, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: July 11, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Tia Delano, Clearance Clerk. [FR Doc. 2016–16674 Filed 7–13–16; 8:45 am] BILLING CODE 4915–01–P pending a ruling on the petition. The Board granted the petition in a decision served July 14, 2016, and therefore is removing this proceeding from abeyance and publishing this notice. VerDate Sep<11>2014 19:33 Jul 13, 2016 Jkt 238001 DEPARTMENT OF THE TREASURY Debt Management Advisory Committee Meeting Notice is hereby given, pursuant to 5 U.S.C. 2, 10(a)(2), that a meeting will be held at the Hay-Adams Hotel, 16th Street and Pennsylvania Avenue NW., Washington, DC on August 2, 2016 at 11:30 a.m. of the following debt management advisory committee: Treasury Borrowing Advisory Committee of the Securities Industry and Financial Markets Association. The agenda for the meeting provides for a charge by the Secretary of the Treasury or his designate that the Committee discuss particular issues and conduct a working session. Following the working session, the Committee will present a written report of its recommendations. The meeting will be closed to the public, pursuant to 5 U.S.C. 2, 10(d) and Public Law 103–202, 202(c)(1)(B) (31 U.S.C. 3121 note). This notice shall constitute my determination, pursuant to the authority placed in heads of agencies by 5 U.S.C. 2, 10(d) and vested in me by Treasury Department Order No. 101–05, that the meeting will consist of discussions and debates of the issues presented to the Committee by the Secretary of the Treasury and the making of recommendations of the Committee to the Secretary, pursuant to Public Law 103–202,202(c)(1)(B). Thus, this information is exempt from disclosure under that provision and 5 U.S.C. 552b(c)(3)(B). In addition, the meeting is concerned with information that is exempt from disclosure under 5 U.S.C. 552b(c)(9)(A). The public interest requires that such meetings be closed to the public because the Treasury Department requires frank and full advice from representatives of the financial community prior to making its final decisions on major financing operations. Historically, this advice has been offered by debt management advisory committees established by the several major segments of the financial community. When so utilized, such a committee is recognized to be an advisory committee under 5 U.S.C. 2, 3. Although the Treasury’s final announcement of financing plans may not reflect the recommendations provided in reports of the Committee, premature disclosure of the Committee’s deliberations and reports would be likely to lead to significant financial speculation in the securities market. Thus, this meeting falls within the exemption covered by 5 U.S.C. 552b(c)(9)(A). PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 45597 Treasury staff will provide a technical briefing to the press on the day before the Committee meeting, following the release of a statement of economic conditions and financing estimates. This briefing will give the press an opportunity to ask questions about financing projections. The day after the Committee meeting, Treasury will release the minutes of the meeting, any charts that were discussed at the meeting, and the Committee’s report to the Secretary. The Office of Debt Management is responsible for maintaining records of debt management advisory committee meetings and for providing annual reports setting forth a summary of Committee activities and such other matters as may be informative to the public consistent with the policy of 5 U.S.C. 552(b). The Designated Federal Officer or other responsible agency official who may be contacted for additional information is Fred Pietrangeli, Director for Office of Debt Management (202) 622–1876. Dated: July 7, 2016. Fred Pietrangeli, Director, Office of Debt Management. [FR Doc. 2016–16509 Filed 7–13–16; 8:45 am] BILLING CODE 4810–25–M DEPARTMENT OF VETERANS AFFAIRS Privacy Act of 1974; System of Records AGENCY: Department of Veterans Affairs (VA). Notice of amendment of system of records. ACTION: As required by the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)), notice is hereby given that the Department of Veterans Affairs (VA) is amending the system of records entitled ‘‘Enrollment and Eligibility Records-VA’’ (147VA16) as set forth in 73 FR 15847. VA is amending the system of records by revising the System Number, System Location, Categories of Individuals Covered by the System, Category of Records in the System, Authority for Maintenance of the System, Purpose, Routine Uses of Records Maintained in the System, Storage, Safeguards, Retention and Disposal, and Record Source Category. VA is republishing the system notice in its entirety. DATES: Comments on this new system of records must be received no later than August 15, 2016. If no public comment is received during the period allowed for comment or unless otherwise SUMMARY: E:\FR\FM\14JYN1.SGM 14JYN1

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[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45596-45597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16674]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36019]


OmniTRAX Holdings Combined, Inc.--Continuance in Control 
Exemption--Central Texas & Colorado River Railway, LLC

    OmniTRAX Holdings Combined, Inc. (OmniTRAX) has filed a verified 
notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in 
control of Central Texas & Colorado River Railway, LLC (CTCR), a 
noncarrier, upon CTCR's becoming a Class III rail carrier. CTCR is a 
wholly owned subsidiary of OmniTRAX.
    This transaction is related to a concurrently filed verified notice 
of exemption in Central Texas & Colorado River Railway--Acquisition & 
Operation Exemption--Line of Heart of Texas Railroad, Docket No. FD 
36018, in which CTCR seeks Board approval under 49 CFR 1150.31 to 
acquire and operate a line of railroad extending 67.5 miles from 
Lometa, Tex., to the end of the track at Brady, Tex. (the Brady Line).
    OmniTRAX is a noncarrier holding company that controls 18 Class III 
rail carrier subsidiaries (the OmniTRAX Railroads) subject to the 
Board's jurisdiction.\1\ This transaction will

[[Page 45597]]

permit it to exercise common control of these entities and CTCR once 
CTCR acquires the Brady Line.
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    \1\ In its verified notice, OmniTRAX explains that in preparing 
the two related class exemption filings, it was discovered that 
OmniTRAX had acquired direct and exclusive control of the 18 
OmniTRAX Railroads on December 31, 2015. It states that it 
inadvertently did not seek advanced authority to engage in the 
acquisition of control, ``in part because of the preexisting close 
association among all of the involved carriers and their largely 
common short line heritage.'' On May 5, 2016, OmniTRAX filed a 
petition for exemption in Docket No. FD 36032 to seek the requisite 
authority to acquire control of the OmniTRAX Railroads, and by 
decision served on May 26, 2016, the Board held the notice of 
exemption proceedings in abeyance pending a ruling on the petition. 
The Board granted the petition in a decision served July 14, 2016, 
and therefore is removing this proceeding from abeyance and 
publishing this notice.
---------------------------------------------------------------------------

    The exemption will become effective July 28, 2016.
    OmniTRAX represents that: (1) The rail line to be acquired and 
operated by CTCR does not connect with the lines of any of the OmniTRAX 
Railroads; (2) the continuance in control transaction is not part of a 
series of anticipated transactions that would result in such a 
connection; and (3) the proposed transaction does not involve a Class I 
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 for stay must be filed no later than July 21, 2016 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36019, 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 William C. Sippel, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 920, Chicago, IL 60606. Board decisions and 
notices are available on our Web site at ``WWW.STB.DOT.GOV.''

    Decided: July 11, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-16674 Filed 7-13-16; 8:45 am]
BILLING CODE 4915-01-P