81 FR 45596 - OmniTRAX Holdings Combined, Inc.-Continuance in Control Exemption-Central Texas & Colorado River Railway, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 135 (July 14, 2016)

Page Range		45596-45597
FR Document		2016-16674

Federal Register, Volume 81 Issue 135 (Thursday, July 14, 2016)

[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45596-45597]
From the Federal Register Online  [www.thefederalregister.org]
[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.
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    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

Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices 45597

permit it to exercise common control of DEPARTMENT OF THE TREASURY Treasury staff will provide a technical
these entities and CTCR once CTCR briefing to the press on the day before
acquires the Brady Line. Debt Management Advisory Committee the Committee meeting, following the
Meeting release of a statement of economic
The exemption will become effective
July 28, 2016. Notice is hereby given, pursuant to 5 conditions and financing estimates. This
U.S.C. 2, 10(a)(2), that a meeting will be briefing will give the press an
OmniTRAX represents that: (1) The opportunity to ask questions about
rail line to be acquired and operated by held at the Hay-Adams Hotel, 16th
Street and Pennsylvania Avenue NW., financing projections. The day after the
CTCR does not connect with the lines of Committee meeting, Treasury will
any of the OmniTRAX Railroads; (2) the Washington, DC on August 2, 2016 at
11:30 a.m. of the following debt release the minutes of the meeting, any
continuance in control transaction is not charts that were discussed at the
part of a series of anticipated management advisory committee:
Treasury Borrowing Advisory meeting, and the Committee’s report to
transactions that would result in such a the Secretary.
connection; and (3) the proposed Committee of the Securities Industry
The Office of Debt Management is
transaction does not involve a Class I and Financial Markets Association.
The agenda for the meeting provides responsible for maintaining records of
carrier. Therefore, the transaction is debt management advisory committee
for a charge by the Secretary of the
exempt from the prior approval meetings and for providing annual
Treasury or his designate that the
requirements of 49 U.S.C. 11323. See 49 reports setting forth a summary of
Committee discuss particular issues and
CFR 1180.2(d)(2). conduct a working session. Following Committee activities and such other
Under 49 U.S.C. 10502(g), the Board the working session, the Committee will matters as may be informative to the
may not use its exemption authority to present a written report of its public consistent with the policy of 5
relieve a rail carrier of its statutory recommendations. The meeting will be U.S.C. 552(b). The Designated Federal
obligation to protect the interests of its closed to the public, pursuant to 5 Officer or other responsible agency
employees. Section 11326(c), however, U.S.C. 2, 10(d) and Public Law 103–202, official who may be contacted for
does not provide for labor protection for 202(c)(1)(B) (31 U.S.C. 3121 note). additional information is Fred
transactions under 11324 and 11325 This notice shall constitute my Pietrangeli, Director for Office of Debt
that involve only Class III rail carriers. determination, pursuant to the authority Management (202) 622–1876.
Accordingly, the Board may not impose placed in heads of agencies by 5 U.S.C. Dated: July 7, 2016.
labor protective conditions here, 2, 10(d) and vested in me by Treasury Fred Pietrangeli,
because all of the carriers involved are Department Order No. 101–05, that the Director, Office of Debt Management.
Class III carriers. meeting will consist of discussions and [FR Doc. 2016–16509 Filed 7–13–16; 8:45 am]
debates of the issues presented to the
If the verified notice contains false or BILLING CODE 4810–25–M
Committee by the Secretary of the
misleading information, the exemption
Treasury and the making of
is void ab initio. Petitions to revoke the
recommendations of the Committee to DEPARTMENT OF VETERANS
exemption under 49 U.S.C. 10502(d)
the Secretary, pursuant to Public Law AFFAIRS
may be filed at any time. The filing of 103–202,202(c)(1)(B). Thus, this
a petition to revoke will not information is exempt from disclosure
automatically stay the effectiveness of Privacy Act of 1974; System of
under that provision and 5 U.S.C. Records
the exemption. Petitions for stay must 552b(c)(3)(B).
be filed no later than July 21, 2016 (at In addition, the meeting is concerned AGENCY: Department of Veterans Affairs
least seven days before the exemption with information that is exempt from (VA).
becomes effective). disclosure under 5 U.S.C. 552b(c)(9)(A). ACTION: Notice of amendment of system
An original and 10 copies of all The public interest requires that such of records.
pleadings, referring to Docket No. FD meetings be closed to the public because
36019, must be filed with the Surface the Treasury Department requires frank SUMMARY: As required by the Privacy
Transportation Board, 395 E Street SW., and full advice from representatives of Act of 1974 (5 U.S.C. 552a(e)(4)), notice
Washington, DC 20423–0001. In the financial community prior to is hereby given that the Department of
addition, one copy of each pleading making its final decisions on major Veterans Affairs (VA) is amending the
must be served on William C. Sippel, financing operations. Historically, this system of records entitled ‘‘Enrollment
Fletcher & Sippel LLC, 29 North Wacker advice has been offered by debt and Eligibility Records-VA’’ (147VA16)
Drive, Suite 920, Chicago, IL 60606. management advisory committees as set forth in 73 FR 15847. VA is
established by the several major amending the system of records by
Board decisions and notices are
segments of the financial community. revising the System Number, System
available on our Web site at
When so utilized, such a committee is Location, Categories of Individuals
‘‘WWW.STB.DOT.GOV.’’
recognized to be an advisory committee Covered by the System, Category of
Decided: July 11, 2016. under 5 U.S.C. 2, 3. Records in the System, Authority for
By the Board, Rachel D. Campbell, Although the Treasury’s final Maintenance of the System, Purpose,
Director, Office of Proceedings. announcement of financing plans may Routine Uses of Records Maintained in
not reflect the recommendations the System, Storage, Safeguards,
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Tia Delano,
Clearance Clerk. provided in reports of the Committee, Retention and Disposal, and Record
premature disclosure of the Committee’s Source Category. VA is republishing the
[FR Doc. 2016–16674 Filed 7–13–16; 8:45 am]
deliberations and reports would be system notice in its entirety.
BILLING CODE 4915–01–P
likely to lead to significant financial DATES: Comments on this new system of
speculation in the securities market. records must be received no later than
pending a ruling on the petition. The Board granted
the petition in a decision served July 14, 2016, and
Thus, this meeting falls within the August 15, 2016. If no public comment
therefore is removing this proceeding from exemption covered by 5 U.S.C. is received during the period allowed
abeyance and publishing this notice. 552b(c)(9)(A). for comment or unless otherwise

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Document Created: 2016-07-14 01:55:10
Document Modified: 2016-07-14 01:55:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 45596