81_FR_63436 81 FR 63258 - Ozinga Bros., Inc.-Continuance in Control Exemption-Chicago Port Railroad Company

81 FR 63258 - Ozinga Bros., Inc.-Continuance in Control Exemption-Chicago Port Railroad Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 178 (September 14, 2016)

Page Range63258-63259
FR Document2016-22102

Federal Register, Volume 81 Issue 178 (Wednesday, September 14, 2016)
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Notices]
[Pages 63258-63259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22102]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36059]


Ozinga Bros., Inc.--Continuance in Control Exemption--Chicago 
Port Railroad Company

    Ozinga Bros., Inc. (Ozinga Bros.), a noncarrier, has filed a 
verified notice of exemption for authority to continue in control of 
Chicago Port Railroad Company (CPRR), a Class III rail carrier. 
According to Ozinga Bros., in 2006, CPRR obtained authority to operate 
as a common carrier.\1\ At the time, CPRR was, and now is, owned by 
Mokena Illinois Railroad (MIRR), a Class III rail carrier.\2\ MIRR, in 
turn, was, and is, controlled by Ozinga Bros. Ozinga Bros.' ownership 
interest in MIRR, and its indirect ownership interest in CPRR, was not 
disclosed at the time of the CPRR transaction. Ozinga Bros. asserts 
that neither it nor MIRR sought Board authority for Ozinga Bros. to 
control CPRR when CPRR obtained its common carrier authority in 2006, 
because neither was aware that federal regulatory authority was 
required for Ozinga Bros. to control, directly or indirectly, multiple 
rail carriers. Ozinga Bros. states that the present notice of exemption 
serves to correct this inadvertent regulatory oversight so that it will 
possess the necessary regulatory authority to control the two railroads 
in its corporate family (CPRR and MIRR).
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    \1\ See Chicago Port R.R.--Operation Exemption--Ozinga Transp., 
FD 34808 (STB served Jan. 12, 2006).
    \2\ See Mokena Ill. R.R.--Construction Exemption--Will Cty., 
Ill., FD 31680 (ICC served Oct. 4, 1990, and Dec. 3, 1990).
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    The effective date of the exemption is September 28, 2016 (30 days 
after the verified notice of exemption was filed).
    As clarified in a letter filed on September 8, 2016, the applicant 
represents that: (1) The rail lines of CPRR and MIRR do not connect 
with each other or any railroads in their corporate family; (2) the 
continuance of control is not part of a series of anticipated 
transactions that would connect the railroads with each other or any 
railroads in their corporate family; and (3) the transaction does not 
involve a Class I carrier. Therefore, the proposed 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 obligations 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. Stay petitions must be filed no later than September 21, 
2016 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36059, must be filed with the Surface Transportation Board, 395 E 
Street SW.,

[[Page 63259]]

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.GOV.

    Decided: September 9, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-22102 Filed 9-13-16; 8:45 am]
 BILLING CODE 4915-01-P



                                                    63258                   Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices

                                                      • OMB Control Number: 1405–0208.                      areas. These analyses then feed into                  carrier.2 MIRR, in turn, was, and is,
                                                      • Type of Request: Revision of a                      partner and program reviews at the                    controlled by Ozinga Bros. Ozinga Bros.’
                                                    Currently Approved Collection.                          country level for monitoring and                      ownership interest in MIRR, and its
                                                      • Originating Office: Office of the                   evaluation on an ongoing basis.                       indirect ownership interest in CPRR,
                                                    U.S. Global AIDS Coordinator and                        Summaries of these data provide key                   was not disclosed at the time of the
                                                    Health Diplomacy (S/GAC).                               information about program costs under                 CPRR transaction. Ozinga Bros. asserts
                                                      • Form Number: DS–4213.                               PEPFAR on a global level. Applying                    that neither it nor MIRR sought Board
                                                      • Respondents: Recipients of U.S.                     expenditure results will improve                      authority for Ozinga Bros. to control
                                                    government funds appropriated to carry                  strategic budgeting, identification of                CPRR when CPRR obtained its common
                                                    out the President’s Emergency Plan for                  efficient means of delivering services,               carrier authority in 2006, because
                                                    AIDS Relief (PEPFAR).                                   accuracy in defining program targets,                 neither was aware that federal
                                                      • Estimated Number of Respondents:                    and will inform allocation of resources               regulatory authority was required for
                                                    1627.                                                   to ensure the program is accountable                  Ozinga Bros. to control, directly or
                                                      • Estimated Number of Responses:                      and using public funds for maximum                    indirectly, multiple rail carriers. Ozinga
                                                    1627.                                                   impact.                                               Bros. states that the present notice of
                                                      • Average Time Per Response: 24                          Methodology: Data will be collected in             exemption serves to correct this
                                                    hours.                                                  a web-based interface available to all                inadvertent regulatory oversight so that
                                                      • Total Estimated Burden Time:                        partners receiving funds under PEPFAR.                it will possess the necessary regulatory
                                                    39,048 hours.                                           After implementing EA over the last few               authority to control the two railroads in
                                                      • Frequency: Annually.                                years, we learned that implementing                   its corporate family (CPRR and MIRR).
                                                      • Obligation to Respond: Mandatory.                   partners (IPs) prefer the Microsoft Excel                The effective date of the exemption is
                                                      We are soliciting public comments to                  template based data collection process.               September 28, 2016 (30 days after the
                                                    permit the Department to:                               By being able to download a template,                 verified notice of exemption was filed).
                                                      • Evaluate whether the proposed                       prime IPs responsible for completing the                 As clarified in a letter filed on
                                                    information collection is necessary for                 submission are more effectively able to               September 8, 2016, the applicant
                                                    the proper functions of the Department.                 collaborate quickly with other key                    represents that: (1) The rail lines of
                                                      • Evaluate the accuracy of our                        personnel and coordinate with other                   CPRR and MIRR do not connect with
                                                    estimate of the time and cost burden for                partners to enter the data. This approach             each other or any railroads in their
                                                    this proposed collection, including the                 also proves helpful where internet                    corporate family; (2) the continuance of
                                                    validity of the methodology and                         connectivity is not strong. After                     control is not part of a series of
                                                    assumptions used.                                       completing the Excel template, IPs                    anticipated transactions that would
                                                      • Enhance the quality, utility, and                   upload the data to an automated system                connect the railroads with each other or
                                                    clarity of the information to be                        that further checks the data entered for              any railroads in their corporate family;
                                                    collected.                                              quality and completeness. Automated                   and (3) the transaction does not involve
                                                      • Minimize the reporting burden on                    checks reduce the time needed by IPs to               a Class I carrier. Therefore, the proposed
                                                    those who are to respond, including the                 complete the data cleaning process.                   transaction is exempt from the prior
                                                    use of automated collection techniques                                                                        approval requirements of 49 U.S.C.
                                                                                                              Dated: September 9, 2016.                           11323. See 49 CFR 1180.2(d)(2).
                                                    or other forms of information
                                                    technology.                                             Max L. Aguilar,                                          Under 49 U.S.C. 10502(g), the Board
                                                    Please note that comments submitted in
                                                                                                            Deputy Coordinator for Management, Budget,            may not use its exemption authority to
                                                                                                            and Operations, Office of the U.S. Global             relieve a rail carrier of its statutory
                                                    response to this Notice are public                      AIDS Coordinator, Department of State.
                                                    record. Before including any detailed                                                                         obligations to protect the interests of its
                                                    personal information, you should be
                                                                                                            [FR Doc. 2016–22092 Filed 9–13–16; 8:45 am]           employees. Section 11326(c), however,
                                                    aware that your comments as submitted,
                                                                                                            BILLING CODE 4710–10–P                                does not provide for labor protection for
                                                    including your personal information,                                                                          transactions under 11324 and 11325
                                                    will be available for public review.                                                                          that involve only Class III rail carriers.
                                                      Abstract of proposed collection: The                                                                        Accordingly, the Board may not impose
                                                                                                            SURFACE TRANSPORTATION BOARD                          labor protective conditions here,
                                                    US President’s Emergency Plan for AIDS
                                                    Relief (PEPFAR) was established                                                                               because all of the carriers involved are
                                                    through enactment of the United States                  [Docket No. FD 36059]                                 Class III carriers.
                                                                                                                                                                     If the verified notice contains false or
                                                    Leadership Against HIV/AIDS,
                                                                                                            Ozinga Bros., Inc.—Continuance in                     misleading information, the exemption
                                                    Tuberculosis, and Malaria Act of 2003
                                                                                                            Control Exemption—Chicago Port                        is void ab initio. Petitions to revoke the
                                                    (Pub. L. 108–25), as amended by the
                                                                                                            Railroad Company                                      exemption under 49 U.S.C. 10502(d)
                                                    Tom Lantos and Henry J. Hyde United
                                                                                                                                                                  may be filed at any time. The filing of
                                                    States Global Leadership Against HIV/                      Ozinga Bros., Inc. (Ozinga Bros.), a               a petition to revoke will not
                                                    AIDS, Tuberculosis, and Malaria                         noncarrier, has filed a verified notice of            automatically stay the effectiveness of
                                                    Reauthorization Act of 2008 (Pub L.                     exemption for authority to continue in                the exemption. Stay petitions must be
                                                    110–293) (HIV/AIDS Leadership Act) to                   control of Chicago Port Railroad                      filed no later than September 21, 2016
                                                    support the global response to HIV/                     Company (CPRR), a Class III rail carrier.             (at least seven days before the
                                                    AIDS. Data are collected from
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            According to Ozinga Bros., in 2006,                   exemption becomes effective).
                                                    implementing partners in countries with                 CPRR obtained authority to operate as a                  An original and 10 copies of all
                                                    PEPFAR programs using a standard tool                   common carrier.1 At the time, CPRR                    pleadings, referring to Docket No. FD
                                                    (DS–4213) via an electronic web-based                   was, and now is, owned by Mokena                      36059, must be filed with the Surface
                                                    interface into which users directly                     Illinois Railroad (MIRR), a Class III rail            Transportation Board, 395 E Street SW.,
                                                    upload data. These data are analyzed to
                                                    produce mean and range in                                 1 See Chicago Port R.R.—Operation Exemption—          2 See Mokena Ill. R.R.—Construction
                                                    expenditures by partner per result/                     Ozinga Transp., FD 34808 (STB served Jan. 12,         Exemption—Will Cty., Ill., FD 31680 (ICC served
                                                    achievement for all PEPFAR program                      2006).                                                Oct. 4, 1990, and Dec. 3, 1990).



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                                                                             Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices                                                63259

                                                    Washington, DC 20423–0001. In                           FOR FURTHER INFORMATION CONTACT:                      DEPARTMENT OF VETERANS
                                                    addition, one copy of each pleading                     Cynthia Harvey-Pryor, Enterprise                      AFFAIRS
                                                    must be served on Robert A. Wimbish,                    Records Service (005R1B), Department
                                                    Fletcher & Sippel LLC, 29 North Wacker                  of Veterans Affairs, 810 Vermont                      Genomic Medicine Program Advisory
                                                    Drive, Suite 920, Chicago, IL 60606–                    Avenue NW., Washington, DC 20420,                     Committee; Notice of Meeting
                                                    2832.                                                   (202) 461–5870 or email cynthia.harvey-
                                                      Board decisions and notices are                       pryor@va.gov. Please refer to ‘‘OMB                      The Department of Veterans Affairs
                                                    available on our Web site at                            Control No. 2900–0616.’’                              (VA) gives notice under the Federal
                                                    WWW.STB.GOV.                                            SUPPLEMENTARY INFORMATION: Under the                  Advisory Committee Act, 5 U.S.C. App.
                                                      Decided: September 9, 2016.                           PRA of 1995 (Pub. L. 104–13; 44 U.S.C.                2, that the Genomic Medicine Program
                                                      By the Board, Rachel D. Campbell,                     3501–3521), Federal agencies must                     Advisory Committee will meet on
                                                    Director, Office of Proceedings.                        obtain approval from OMB for each                     October 27, 2016, at the Hilton Garden
                                                    Tia Delano,                                             collection of information they conduct                Inn, Washington, DC, U.S. Capitol, 1225
                                                    Clearance Clerk.                                        or sponsor. This request for comment is               1st Street NE., Washington, DC 20002.
                                                    [FR Doc. 2016–22102 Filed 9–13–16; 8:45 am]             being made pursuant to section                        The meeting will convene at 9:00 a.m.
                                                    BILLING CODE 4915–01–P                                  3506(c)(2)(A) of the PRA.                             and adjourn at 5:00 p.m. The meeting is
                                                                                                              Title: Residential Care Home Program                open to the public.
                                                                                                            Sponsor Application—VA Form 10–                          The purpose of the Committee is to
                                                    DEPARTMENT OF VETERANS                                  2407.
                                                                                                                                                                  provide advice and make
                                                    AFFAIRS                                                   OMB Control Number: 2900–0616.
                                                                                                                                                                  recommendations to the Secretary of VA
                                                                                                              Type of Review: Revision of a
                                                    [OMB Control No. 2900–0616]                                                                                   on using genetic information to
                                                                                                            currently approved collection.
                                                                                                                                                                  optimize medical care for Veterans and
                                                    Agency Information Collection Activity                    Abstract: VA Form 10–2407 is
                                                                                                                                                                  to enhance development of tests and
                                                    (Application for Residential Care Home                  necessary for the residential care home
                                                                                                            to qualify to provide care to veteran                 treatments for diseases particularly
                                                    Program Sponsor Application, VA                                                                               relevant to Veterans.
                                                    Form 10–2407) Under OMB Review                          patients. This information is collected
                                                    Activity: Comment Request                               under the authority of title 38, part II,                The Committee will receive program
                                                                                                            sections 1720 and 1730. The form                      updates and continue to provide insight
                                                    AGENCY:  Veterans Health                                covers community providers.                           into optimal ways for VA to incorporate
                                                    Administration, Department of Veterans                  Community Nursing Homes (CNHs)                        genomic information into its health care
                                                    Affairs.                                                already use the form, and the form will               program while applying appropriate
                                                    ACTION: Notice.                                         cover Home Health and Hospice Care                    ethical oversight and protecting the
                                                                                                            agencies and community adult day                      privacy of Veterans. The meeting focus
                                                    SUMMARY:   In compliance with the                       health care centers.
                                                    Paperwork Reduction Act (PRA) of 1995                                                                         will be on updates on the progress and
                                                                                                              An agency may not conduct or                        planned characterization of the Million
                                                    (44 U.S.C. 3501–3521), this notice
                                                                                                            sponsor, and a person is not required to              Veteran Program (MVP) samples,
                                                    announces that the Veterans Health
                                                                                                            respond to a collection of information                phenotyping activities and data access
                                                    Administration (VHA), Department of
                                                                                                            unless it displays a currently valid OMB              for the MVP. The Committee will also
                                                    Veterans Affairs, will submit the
                                                                                                            control number. The Federal Register                  receive an update from the Clinical
                                                    collection of information abstracted
                                                                                                            Notice with a 60-day period soliciting                Genomics Service. Public comments
                                                    below to the Office of Management and
                                                                                                            comments on this collection of                        will be received at 3:30 p.m. and are
                                                    Budget (OMB) for review and comment.
                                                                                                            information was published at 81 FR                    limited to 5 minutes each. Individuals
                                                    The PRA submission describes the
                                                    nature of the information collection and                14679 on June 22, 2016.                               who speak are invited to submit a 1–2
                                                    its expected cost and burden; it includes                 Affected Public: Individuals or                     page summary of their comments for
                                                    the actual data collection instrument.                  households.                                           inclusion in the official meeting record
                                                                                                              Estimated Annual Burden: 42 hours.                  to Dr. Sumitra Muralidhar, Designated
                                                    DATES: Comments must be submitted on
                                                    or before October 14, 2016.                               Estimated Average Burden per                        Federal Officer, 810 Vermont Avenue
                                                                                                            Respondent: 5 minutes.                                NW., Washington, DC 20420, or by
                                                    ADDRESSES: Submit written comments
                                                                                                              Frequency of Response: Annually.                    email at sumitra.muralidhar@va.gov.
                                                    on the collection of information through
                                                                                                              Estimated Number of Respondents:                    Any member of the public seeking
                                                    www.Regulations.gov, or to Office of
                                                                                                            500.
                                                    Information and Regulatory Affairs,                                                                           additional information should contact
                                                    Office of Management and Budget, Attn:                    By direction of the Secretary.                      Dr. Muralidhar at (202) 443–5679.
                                                    VA Desk Officer; 725 17th St. NW.,                      Cynthia Harvey-Pryor,
                                                                                                                                                                    Dated: September 8, 2016.
                                                    Washington, DC 20503 or sent through                    Program Specialist, Office of Privacy &
                                                                                                            Records Management, Department of                     LaTonya L. Small,
                                                    electronic mail to oira_submission@
                                                    omb.eop.gov. Please refer to ‘‘OMB                      Veterans Affairs.                                     Advisory Committee Management Officer.
                                                    Control No. 2900–0616’’ in any                          [FR Doc. 2016–22073 Filed 9–13–16; 8:45 am]           [FR Doc. 2016–22047 Filed 9–13–16; 8:45 am]
                                                    correspondence.                                         BILLING CODE 8320–01–P                                BILLING CODE 8320–01–P
asabaliauskas on DSK3SPTVN1PROD with NOTICES




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Document Created: 2016-09-14 02:26:55
Document Modified: 2016-09-14 02:26:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 63258 

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