Grupo México, S.A.B. de C.V.-Acquisition of Control Exemption-Copper Basin Railway, Inc., 50661-50662 [2024-13159]

Download as PDF Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Notices Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved. IV. Solicitation of Comments [FR Doc. 2024–13050 Filed 6–13–24; 8:45 am] Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include file number SR– CboeBZX–2024–043 on the subject line. Paper Comments ddrumheller on DSK120RN23PROD with NOTICES1 • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to file number SR–CboeBZX–2024–043. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s internet website (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR–CboeBZX–2024–043 and should be submitted on or before July 5, 2024. VerDate Sep<11>2014 17:13 Jun 13, 2024 Jkt 262001 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.25 Sherry R. Haywood, Assistant Secretary. BILLING CODE 8011–01–P DEPARTMENT OF STATE [Public Notice: 12431] Foreign Affairs Policy Board Meeting Notice; Closed Meeting In accordance with section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. 1009(a)(2), the Department of State announces a meeting of the Foreign Affairs Policy Board to take place on July 15–16, 2024, at the Department of State, Washington, DC. The Foreign Affairs Policy Board provides the Secretary of State with independent, informed advice and opinion concerning matters of U.S. foreign policy. The Foreign Affairs Policy Board will review and assess: (1) Role and Reform of International Financial Institutions; (2) Risks and Opportunities Presented by PRC Overcapacity; (3) Planning for Policy Risks and Opportunities; and (4) The World in 2050. Pursuant to section 10(d) of the Federal Advisory Committee Act and 5 U.S.C. 552b(c)(1), it has been determined that this meeting will be closed to the public as the Board will be reviewing and discussing matters properly classified in accordance with Executive Order 13526. For more information, contact Leslie Thompson at the Department of State, Washington, DC 20520, telephone: (202) 647–4702. Salman S. Ahmed, Director of Policy Planning, Department of State. [FR Doc. 2024–13149 Filed 6–13–24; 8:45 am] BILLING CODE 4710–10–P DEPARTMENT OF STATE [Public Notice:12430] Renewal of Defense Trade Advisory Group Charter Department of State. Notice. AGENCY: ACTION: The Department of State announces the renewal of the Charter for the Defense Trade Advisory Group (DTAG) for another two years. The DTAG advises the Department on issues SUMMARY: 25 17 PO 00000 CFR 200.30–3(a)(12). Frm 00116 Fmt 4703 Sfmt 4703 50661 involving its regulation of defense trade to help ensure the foreign policy and national security of the United States continue to be protected and advanced while facilitating the legitimate defense requirements of U.S. friends and allies. It is the only Department of State advisory committee that addresses defense trade related topics. The DTAG will remain in existence for two years after the filing date of the Charter unless terminated sooner. FOR FURTHER INFORMATION CONTACT: Paula Harrison, Designated Federal Officer, Defense Trade Advisory Group, Directorate of Defense Trade Controls, Department of State, Washington, DC 20520, telephone: (202) 663–3310. Authority: The DTAG is authorized by 22 U.S.C. 2651a and 2656 and the Federal Advisory Committee Act, 5 U.S.C. 1001 et seq. Paula C. Harrison, Designated Federal Officer, Defense Trade Advisory Group, Department of State. [FR Doc. 2024–13114 Filed 6–13–24; 8:45 am] BILLING CODE 4710–25–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36767] Grupo México, S.A.B. de C.V.— Acquisition of Control Exemption— Copper Basin Railway, Inc. Grupo México, S.A.B. de C.V. (GM), a noncarrier holding company, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) for after-the-fact authority to acquire control of Copper Basin Railway, Inc. (CBRY), a Class III rail carrier that owns and operates a rail line in Arizona.1 According to a supplemental filing by GM, CBRY’s line consists of a 54.6-mile main line between Magma Junction, at milepost 948.9, and Winkleman, at milepost 1003.5; a four-mile branch line from Ray Junction, at milepost 987.8, to Ray; and a two-mile branch line from Hayden 1 By decision served April 4, 2024, in another proceeding, the Board directed GMéxico Transportes, S.A.B. de C.V. (GMXT), a subsidiary of GM and the applicant in that proceeding, to clarify the status of CBRY given the apparent absence of authorization for GM to acquire common control of more than one rail carrier when it acquired CBRY. See GMéxico Transportes, S.A.B. de C.V.—Acquis. of Control Exemption—CG Ry., FD 36701, slip op. at 3 (STB served Apr. 4, 2024). The April 2024 decision in Docket No. FD 36701 noted that a filing by GMXT and GM in a 2017 exemption proceeding identified CBRY as a Class III carrier controlled by GM, and that GM had been expected at that time to promptly seek authorization for common control if such authority were required. Id. (citing Grupo México, S.A.B. de C.V.—Control Exemption—Fla. E. Coast Holdings Corp., FD 36109, slip op. at 1 n.2 (STB served May 9, 2017)). E:\FR\FM\14JNN1.SGM 14JNN1 50662 Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Notices Junction, at milepost 1000.2, to Hayden Smelter. The verified notice states that, through an indirect, wholly owned subsidiary named ASARCO LLC (ASARCO), GM acquired a 100% ownership interest in CBRY in 2006.2 According to the verified notice, at the time of the transaction GM also controlled (through its subsidiary GMXT) Texas Pacifico Transportation, Ltd. (Pacifico), a Class III rail carrier operating in the State of Texas. Thereafter, in 2017, GM acquired control of Florida East Coast Railway, LLC (FECR), a Class II rail carrier that owns and operates approximately 351 miles of main line track, as well as additional branch, switching, and other secondary track, along the east coast of Florida. See Grupo México, S.A.B. de C.V.—Control Exemption—Fla. E. Coast Holdings Corp., FD 36109 (STB served May 9, 2017). The verified notice certifies that GM and its subsidiaries have not entered into any agreement with respect to the transaction that includes a provision that may limit future interchange with a third-party connecting carrier. GM represents that none of the railroads in the GM corporate family connect with each other; that no further transactions are planned that would create a connection between any GM railroads; and that no GM-controlled railroad is a Class I carrier. GM further states that for the same reasons, GM’s acquisition of control of CBRY qualified for an exemption at the time of the transaction and has remained qualified at every point in time since then. The transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2). The earliest this exemption may become effective is June 28, 2024 (30 days after the verified notice was filed).3 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. In addition to two Class III rail carriers (CBRY and Pacifico), this after-the-fact notice of a continuance-incontrol exemption involves a Class II ddrumheller on DSK120RN23PROD with NOTICES1 2 According to the verified notice, prior to that transaction, ASARCO held a 45% interest in CBRY, with the remaining 55% held by Rail Partners II, LLC, a now-defunct Florida limited liability corporation. Public and confidential versions of the agreement under which GM acquired full ownership of CBRY were filed with the verified notice. The confidential version was submitted under seal concurrently with a motion for protective order, which was granted by a decision served on May 13, 2024. 3 Because GM supplemented its verified notice of exemption on May 29, 2024, that date is deemed the filing date of the verified notice. VerDate Sep<11>2014 17:13 Jun 13, 2024 Jkt 262001 rail carrier, FECR. Accordingly, the transaction is subject to the labor protection requirements of 49 U.S.C. 11326(b) and Wisconsin Central Ltd.— Acquisition Exemption—Lines of Union Pacific Railroad, 2 S.T.B. 218 (1997). 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 June 21, 2024 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36767, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, one copy of each pleading must be served on GM’s representative, Charles A. Spitulnik, Kaplan, Kirsch & Rockwell, LLP, 1634 I (Eye) Street NW, Suite 300, Washington, DC 20006. According to GM, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: June 11, 2024. By the Board, Mai T. Dinh, Director, Office of Proceedings. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2024–13159 Filed 6–13–24; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36783] 3i RR Holdings GP LLC, 3i RR Holdings Partnership L.P., 3i RR Intermediate Holdings LLC, 3i RR LLC, Regional Rail Holdings, LLC, Regional Rail Sub Holdings LLC, and Regional Rail, LLC—Control Exemption— Cincinnati Eastern Railroad LLC 3i RR Holdings GP LLC, 3i RR Holdings Partnership L.P., 3i RR Intermediate Holdings LLC, 3i RR LLC, Regional Rail Holdings, LLC, and Regional Rail Sub Holdings LLC (collectively, 3i RR) and Regional Rail, LLC (Regional Rail), each a noncarrier, have filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire control of Cincinnati Eastern Railroad, LLC (CCET II). CCET II will be the successor to CCET LLC (CCET I), a Class III rail carrier that operates PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 approximately 69.45 miles of rail line in Ohio under lease from Norfolk Southern Railway Company. According to the verified notice, Regional Rail is directly controlled by Regional Rail Sub Holdings LLC, which is controlled by Regional Rail Holdings, LLC, which is controlled by 3i RR LLC, which is controlled by 3i RR Intermediate Holdings LLC, which is controlled by 3i RR Holdings Partnership L.P., which is controlled by 3i RR Holdings GP LLC. The verified notice states that Regional Rail currently directly controls, and 3i RR indirectly controls, twelve other Class III rail carriers in the eastern United States.1 The proposed transaction is related to Paul Didelius & CCET LLC—IntraCorporate Family Transaction Exemption—Cincinnati Eastern Railroad, Docket No. FD 36782, in which CCET I and Paul Didelius (Didelius), who currently controls CCET I, have concurrently filed a verified notice of exemption for an intracorporate family transaction for CCET I to merge into CCET II, with CCET II as the surviving entity. According to the verified notice, pursuant to a membership interest purchase agreement to be entered into by Regional Rail, CCET I and CCET I’s current owners, Regional Rail proposes to acquire all the existing equity interest of CCET II once it has been created and merged with CCET I.2 Regional Rail would assume direct control of CCET II and 3i RR would assume indirect control of CCET II. The verified notice further states that no significant changes in the rail services currently provided by CCET I are anticipated as a result of the proposed transaction and that the agreement does not include any provision that would limit the future interchange of traffic with a third-party connecting carrier. 3i RR and Regional Rail represent that: (1) the rail lines of CCET II do not connect with the lines of the rail carriers currently controlled by 3i RR and 1 Those carriers, and the states in which they operate, are: (1) Carolina Coastal Railway, Inc. (North Carolina and South Carolina); (2) East Penn Railroad, LLC (Delaware and Pennsylvania); (3) Effingham Railroad Company (Illinois); (4) Florida Central Railroad Company, Inc. (Florida); (5) Florida Midland Railroad Company, Inc. (Florida); (6) Florida Northern Railroad Company, Inc. (Florida); (7) Illinois Western Railroad Company (Illinois); (8) Indiana Eastern Railroad, LLC (Indiana and Ohio); (9) Middletown & New Jersey Railroad, LLC (New York); (10) Port Manatee Railroad LLC (Florida); (11) Tyburn Railroad LLC (Pennsylvania); and (12) South Point & Ohio Railroad, Inc. (Ohio). 2 Public and confidential versions of the agreement were filed with the verified notice. The confidential version was submitted under seal concurrent with a motion for protective order, which is addressed in a separate decision. E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Notices]
[Pages 50661-50662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13159]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36767]


Grupo M[eacute]xico, S.A.B. de C.V.--Acquisition of Control 
Exemption--Copper Basin Railway, Inc.

    Grupo M[eacute]xico, S.A.B. de C.V. (GM), a noncarrier holding 
company, has filed a verified notice of exemption pursuant to 49 CFR 
1180.2(d)(2) for after-the-fact authority to acquire control of Copper 
Basin Railway, Inc. (CBRY), a Class III rail carrier that owns and 
operates a rail line in Arizona.\1\ According to a supplemental filing 
by GM, CBRY's line consists of a 54.6-mile main line between Magma 
Junction, at milepost 948.9, and Winkleman, at milepost 1003.5; a four-
mile branch line from Ray Junction, at milepost 987.8, to Ray; and a 
two-mile branch line from Hayden

[[Page 50662]]

Junction, at milepost 1000.2, to Hayden Smelter.
---------------------------------------------------------------------------

    \1\ By decision served April 4, 2024, in another proceeding, the 
Board directed GM[eacute]xico Transportes, S.A.B. de C.V. (GMXT), a 
subsidiary of GM and the applicant in that proceeding, to clarify 
the status of CBRY given the apparent absence of authorization for 
GM to acquire common control of more than one rail carrier when it 
acquired CBRY. See GM[eacute]xico Transportes, S.A.B. de C.V.--
Acquis. of Control Exemption--CG Ry., FD 36701, slip op. at 3 (STB 
served Apr. 4, 2024). The April 2024 decision in Docket No. FD 36701 
noted that a filing by GMXT and GM in a 2017 exemption proceeding 
identified CBRY as a Class III carrier controlled by GM, and that GM 
had been expected at that time to promptly seek authorization for 
common control if such authority were required. Id. (citing Grupo 
M[eacute]xico, S.A.B. de C.V.--Control Exemption--Fla. E. Coast 
Holdings Corp., FD 36109, slip op. at 1 n.2 (STB served May 9, 
2017)).
---------------------------------------------------------------------------

    The verified notice states that, through an indirect, wholly owned 
subsidiary named ASARCO LLC (ASARCO), GM acquired a 100% ownership 
interest in CBRY in 2006.\2\ According to the verified notice, at the 
time of the transaction GM also controlled (through its subsidiary 
GMXT) Texas Pacifico Transportation, Ltd. (Pacifico), a Class III rail 
carrier operating in the State of Texas. Thereafter, in 2017, GM 
acquired control of Florida East Coast Railway, LLC (FECR), a Class II 
rail carrier that owns and operates approximately 351 miles of main 
line track, as well as additional branch, switching, and other 
secondary track, along the east coast of Florida. See Grupo 
M[eacute]xico, S.A.B. de C.V.--Control Exemption--Fla. E. Coast 
Holdings Corp., FD 36109 (STB served May 9, 2017). The verified notice 
certifies that GM and its subsidiaries have not entered into any 
agreement with respect to the transaction that includes a provision 
that may limit future interchange with a third-party connecting 
carrier.
---------------------------------------------------------------------------

    \2\ According to the verified notice, prior to that transaction, 
ASARCO held a 45% interest in CBRY, with the remaining 55% held by 
Rail Partners II, LLC, a now-defunct Florida limited liability 
corporation.
    Public and confidential versions of the agreement under which GM 
acquired full ownership of CBRY were filed with the verified notice. 
The confidential version was submitted under seal concurrently with 
a motion for protective order, which was granted by a decision 
served on May 13, 2024.
---------------------------------------------------------------------------

    GM represents that none of the railroads in the GM corporate family 
connect with each other; that no further transactions are planned that 
would create a connection between any GM railroads; and that no GM-
controlled railroad is a Class I carrier. GM further states that for 
the same reasons, GM's acquisition of control of CBRY qualified for an 
exemption at the time of the transaction and has remained qualified at 
every point in time since then. The transaction is therefore exempt 
from the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 
CFR 1180.2(d)(2).
    The earliest this exemption may become effective is June 28, 2024 
(30 days after the verified notice was filed).\3\
---------------------------------------------------------------------------

    \3\ Because GM supplemented its verified notice of exemption on 
May 29, 2024, that date is deemed the filing date of the verified 
notice.
---------------------------------------------------------------------------

    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. In addition to two Class III 
rail carriers (CBRY and Pacifico), this after-the-fact notice of a 
continuance-in-control exemption involves a Class II rail carrier, 
FECR. Accordingly, the transaction is subject to the labor protection 
requirements of 49 U.S.C. 11326(b) and Wisconsin Central Ltd.--
Acquisition Exemption--Lines of Union Pacific Railroad, 2 S.T.B. 218 
(1997).
    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 June 21, 2024 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36767, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
GM's representative, Charles A. Spitulnik, Kaplan, Kirsch & Rockwell, 
LLP, 1634 I (Eye) Street NW, Suite 300, Washington, DC 20006.
    According to GM, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: June 11, 2024.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2024-13159 Filed 6-13-24; 8:45 am]
BILLING CODE 4915-01-P
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