82 FR 22181 - Grupo México, S.A.B. de C.V. and GMéxico Transportes, S.A. de C.V.-Control Exemption-Florida East Coast Holdings Corp.
SURFACE TRANSPORTATION BOARD Federal Register Volume 82, Issue 91 (May 12, 2017)
Federal Register Volume 82, Issue 91 (May 12, 2017)
| Page Range | 22181-22182 | |
| FR Document | 2017-09657 |
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)] [Notices] [Pages 22181-22182] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09657] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. FD 36109] Grupo M[eacute]xico, S.A.B. de C.V. and GM[eacute]xico Transportes, S.A. de C.V.--Control Exemption--Florida East Coast Holdings Corp. GM[eacute]xico Transportes, S.A. de C.V. (GM[eacute]xico Transportes), a non-carrier holding company, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to control Florida East Coast Railway, L.L.C. (FECR), a Class II rail carrier operating in the state of Florida, and Texas Pacifico Transportation, Ltd. (Pacifico), a Class III rail carrier operating in the state of Texas. In addition, GM[eacute]xico Transportes filed an amendment to its verified notice of exemption to identify and encompass its parent company, Grupo M[eacute]xico, S.A.B. de C.V. (Grupo M[eacute]xico), also a non-carrier holding company,\1\ and to identify Copper Basin Railway, Inc. (Copper Basin), a Class III rail carrier operating in the state of Arizona, as an additional carrier which Grupo M[eacute]xico controls.\2\ Control of these three rail carriers by Grupo M[eacute]xico and GM[eacute]xico Transportes will be effected upon the merger of GMXT Florida Merger Sub, Inc. (GMXT Merger Sub), a non- carrier subsidiary of GM[eacute]xico Transportes, with and into Florida East Coast Holdings Corp. (FEC Holdings), a non-carrier currently controlling FECR.\3\ --------------------------------------------------------------------------- \1\ GM[eacute]xico Transportes filed the verified notice of exemption and the amendment to that notice identifying itself as the entity obtaining Board authority in this proceeding. However, because Grupo M[eacute]xico is the ultimate parent company of GM[eacute]xico Transportes, and because Grupo M[eacute]xico is the entity in ultimate control of both Pacifico and Copper Basin, this proceeding has been recaptioned to include Grupo M[eacute]xico. \2\ It appears that Grupo M[eacute]xico did not obtain Board authority to have common control of more than one rail carrier when it acquired Copper Basin. If that is the case, and if such authority was required, the Board expects Grupo M[eacute]xico to promptly submit an appropriate filing for authorization of that common control. \3\ On April 10, 2017, GM[eacute]xico Transportes and FEC Holdings jointly filed a motion for protective order under 49 CFR 1104.14(b), which will be addressed in a separate decision. --------------------------------------------------------------------------- The transaction may be consummated on or after May 28, 2017, the effective date of the exemption.\4\ --------------------------------------------------------------------------- \4\ Because GM[eacute]xico Transportes amended its verified notice of exemption on April 28, 2017, that date is the official filing date and the basis for all subsequent dates. --------------------------------------------------------------------------- [[Page 22182]] Grupo M[eacute]xico and GM[eacute]xico Transportes represent that: (1) The carriers that are the subject of this notice do not connect with each other; (2) the control transaction is not a part of a series of anticipated transactions that would result in such a connection; and (3) the 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. Because the transaction involves one Class II rail carrier and two Class III rail carriers, 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 by May 19, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36109, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Charles A. Spitulnik, Kaplan Kirsch & Rockwell, 1001 Connecticut Avenue, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on our Web site at ``WWW.STB.DOT.GOV.'' Decided: May 9, 2017. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Marline Simeon, Clearance Clerk. [FR Doc. 2017-09657 Filed 5-11-17; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices 22181
SSN-specific new hire, quarterly wage, OCSE will provide us online query holders and disability beneficiaries) to
or unemployment insurance access to the following data elements on facilitate query access.
information in the NDNH. The Master the unemployment insurance screen: [FR Doc. 2017–09603 Filed 5–11–17; 8:45 am]
File Query Menu (MFQM) or eView Unemployment insurance record BILLING CODE 4191–02–P
extracts information from our SSR (for identifier; name/SSN verified; SSN;
SSI recipients) or CDR–CDD (for ticket name (first, middle, last); address;
holders and disability beneficiaries) to unemployment insurance benefit
facilitate query access. SURFACE TRANSPORTATION BOARD
amount; reporting period; payer state;
Under the Quarterly Batch Match and date report processed. [Docket No. FD 36109]
(SSI). Our finder file is matched against
the quarterly wage and unemployment SYSTEM(S) OF RECORDS: Grupo México, S.A.B. de C.V. and
insurance information in OCSE’s GMéxico Transportes, S.A. de C.V.—
NDNH. OCSE and SSA published notice of Control Exemption—Florida East
the relevant SORs in the FR SSA’s SORs Coast Holdings Corp.
We will provide electronically to
OCSE the following data elements in the are the Supplemental Security Income
Record and Special Veterans Benefits GMéxico Transportes, S.A. de C.V.
finder file: Individual’s SSN and Name.
(SSR/SVB), SSA/OASSIS, 60–0103 (GMéxico Transportes), a non-carrier
OCSE will provide electronically to us holding company, has filed a verified
the following data elements from the published January 11, 2006 at 71 FR
1830, and amended at 72 FR 69723 notice of exemption pursuant to 49 CFR
NDNH in the quarterly wage file: 1180.2(d)(2) to control Florida East
Quarterly wage record identifier; (December 10, 2007); and the Completed
Determination Record-Continuing Coast Railway, L.L.C. (FECR), a Class II
transmitter agency code; transmitter rail carrier operating in the state of
state code; and state or agency name; Disability Determination file (CDR–
CDD), SSA/OD, 60–0050, published Florida, and Texas Pacifico
employee information: Name (first, Transportation, Ltd. (Pacifico), a Class
middle, last), SSN, verification request January 11, 2006 at 71 FR 1813, and
amended at 72 FR 69723 (December 10, III rail carrier operating in the state of
code, processed date, non-verifiable Texas. In addition, GMéxico
indicator, wage amount, and reporting 2007).
Transportes filed an amendment to its
period; and information about OCSE will match SSA information in verified notice of exemption to identify
employers of individuals in the the SSR and CDR–CDD against the new and encompass its parent company,
quarterly wage file: Name, employer hire, quarterly wage, and Grupo México, S.A.B. de C.V. (Grupo
identification number, and address(es). unemployment insurance information México), also a non-carrier holding
OCSE will provide electronically to us furnished by state and federal agencies company,1 and to identify Copper Basin
the following data elements from the maintained in its SOR ‘‘OCSE National Railway, Inc. (Copper Basin), a Class III
NDNH in the unemployment insurance Directory of New Hires’’ (NDNH), No. rail carrier operating in the state of
file: Unemployment insurance record 09–80–0381, established by publication Arizona, as an additional carrier which
identifier; processed date; SSN; in the FR on April 2, 2015 at 80 FR Grupo México controls.2 Control of
verification request code; name (first, 17906. The disclosure of NDNH these three rail carriers by Grupo
middle, last); address; unemployment information by OCSE to SSA constitutes México and GMéxico Transportes will
insurance benefit amount; reporting a ‘‘routine use,’’ as defined by the be effected upon the merger of GMXT
period; transmitter agency code; Privacy Act. 5 U.S.C. 552a(b)(3). Routine Florida Merger Sub, Inc. (GMXT Merger
transmitter state code; and state or use (9) of the SOR authorizes disclosure Sub), a non-carrier subsidiary of
agency name. of NDNH information to SSA, 80 FR GMéxico Transportes, with and into
Under the Online Query Access (SSI, 17906, 17907 (April 2, 2015). Florida East Coast Holdings Corp. (FEC
DI, and Ticket programs), we will access Holdings), a non-carrier currently
OCSE’s web service when making SSA will access the OCSE web service
when making online queries for new controlling FECR.3
online requests for NDNH records. We The transaction may be consummated
will provide OCSE the individual’s SSN hire, quarterly wage, and
unemployment insurance information on or after May 28, 2017, the effective
to initiate a query in SSA’s Permission date of the exemption.4
Module. Individual’s SSN. OCSE will in the NDNH. To comply with
provide us online query access to the limitations on disclosure and to prohibit 1 GMéxico Transportes filed the verified notice of
following data elements on quarterly browsing, SSA access is restricted by exemption and the amendment to that notice
wage screen: Quarterly wage record anti-browsing technology (permission identifying itself as the entity obtaining Board
identifier; date report processed; name/ modules) to only those Social Security authority in this proceeding. However, because
numbers (SSN) that have a direct Grupo México is the ultimate parent company of
SSN verified; employee information: GMéxico Transportes, and because Grupo México is
SSN, name (first, middle, last), wage business relationship with SSI, DI, or the entity in ultimate control of both Pacifico and
amount, and reporting period; employer Ticket programs (that is, the record must Copper Basin, this proceeding has been recaptioned
information: Name, employer have a valid SSI, DI, or Ticket payment to include Grupo México.
2 It appears that Grupo México did not obtain
identification number, employer FIPS or application issue). If no business
Board authority to have common control of more
code (if present), and address(es). relationship exists with SSA, OCSE than one rail carrier when it acquired Copper Basin.
OCSE will provide us online query denies access to NDNH and the user is If that is the case, and if such authority was
access to the following data elements on unable to proceed. If a business required, the Board expects Grupo México to
relationship exists with SSA, SSA can promptly submit an appropriate filing for
the new hire screen: New hire record
mstockstill on DSK30JT082PROD with NOTICES
authorization of that common control.
identifier; name/SSN verified; date access the NDNH via the OCSE web 3 On April 10, 2017, GMéxico Transportes and
report processed; employee information: service to display SSN-specific new FEC Holdings jointly filed a motion for protective
SSN, name (first, middle, last), and date hire, quarterly wage, or unemployment order under 49 CFR 1104.14(b), which will be
of hire; employer information: Name, insurance information in the NDNH. addressed in a separate decision.
4 Because GMéxico Transportes amended its
employer identification number, The MFQM or eView extracts verified notice of exemption on April 28, 2017, that
employer FIPS code (if present), and information from SSA’s SSR (for SSI date is the official filing date and the basis for all
address(es). recipients) or CDR–CDD (for ticket subsequent dates.
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![22182 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices
Grupo México and GMéxico Department of Transportation (ADOT), The Tier 1 EIS will ensure, to the
Transportes represent that: (1) The DOT. fullest extent possible, all
carriers that are the subject of this notice ACTION: Notice of intent to prepare a environmental investigations, reviews,
do not connect with each other; (2) the Tier 1 Environmental Impact Statement and consultations are coordinated as a
control transaction is not a part of a (EIS). single process, and compliance with all
series of anticipated transactions that applicable environmental requirements
would result in such a connection; and SUMMARY: The FHWA, as the Federal be reflected in the environmental
(3) the transaction does not involve a Lead Agency, and the ADOT, as the document. The Sonoran Corridor is a
Class I carrier. Therefore, the transaction Local Project Sponsor, are issuing this critical transportation facility that could
is exempt from the prior approval notice to advise the public of our help diversify, support, and connect the
requirements of 49 U.S.C. 11323. See 49 intention to prepare a Tier 1 EIS for the economy of Southern Arizona, and the
CFR 1180.2(d)(2). Sonoran Corridor between I–19 and I–10 entire State of Arizona. The intent of the
Under 49 U.S.C. 10502(g), the Board Sonoran Corridor is to help alleviate
south of the Tucson International
may not use its exemption authority to traffic and improve the movement of
Airport in Pima County, Arizona. The
relieve a rail carrier of its statutory people, goods, and services by reducing
Tier 1 EIS will assess the potential
obligation to protect the interests of its travel distances, and eliminate the need
social, economic, and natural
employees. Because the transaction for vehicles to travel through the
environmental impacts of a
involves one Class II rail carrier and two existing I–10 and I–19 traffic
transportation facility in the designated
Class III rail carriers, the transaction is interchange near downtown Tucson. On
Sonoran Corridor across a reasonable
subject to the labor protection December 4, 2015, the President signed
range of corridor alternatives, including
requirements of 49 U.S.C. 11326(b) and into law the FAST Act, which is a 5-
a ‘‘No Build’’ alternative. The Tier 1 EIS
Wisconsin Central Ltd.—Acquisition year legislation that provides long term
Exemption—Lines of Union Pacific will be prepared in accordance with
funding certainty for planning efforts
Railroad, 2 S.T.B. 218 (1997). regulations implementing the National
and investments that will help improve
If the verified notice contains false or Environmental Policy Act (NEPA), and
the Nation’s surface transportation
misleading information, the exemption provisions of Fixing America’s Surface
infrastructure. The FAST Act formally
is void ab initio. Petitions to revoke the Transportation Act (FAST Act).
designates the Sonoran Corridor as a
exemption under 49 U.S.C. 10502(d) FOR FURTHER INFORMATION CONTACT: For high-priority corridor, thus reinforcing
may be filed at any time. The filing of FHWA, contact Mr. Ammon Heier, Area the need to conduct a study for a future
a petition to revoke will not Engineer, Federal Highway transportation facility between I–10 and
automatically stay the effectiveness of Administration, 4000 North Central I–19 south of Tucson International
the exemption. Petitions for stay must Avenue, Suite 1500, Phoenix, AZ 85012, Airport.
be filed by May 19, 2017 (at least seven telephone at 602–382–8983, or via email The FHWA and ADOT will undertake
days before the exemption becomes at Ammon.Heier@dot.gov. Regular office a scoping process for the Sonoran
effective). hours are from 7:30 a.m. to 4:30 p.m., Corridor that will allow the public and
An original and 10 copies of all Monday through Friday, except Federal interested agencies to comment on the
pleadings, referring to Docket No. FD holidays. For ADOT, contact Mr. Carlos scope of the environmental review
36109, must be filed with the Surface Lopez, Sonoran Corridor Project process. The FHWA and ADOT will
Transportation Board, 395 E Street SW., Manager, Arizona Department of invite all interested individuals,
Washington, DC 20423–0001. In Transportation, 205 South 17th Avenue, organizations, public agencies, and
addition, a copy of each pleading must Mail Drop 605E, Phoenix, AZ 85007, Native American Tribes to comment on
be served on Charles A. Spitulnik, telephone at 602–712–4786, or via email the scope of the Tier 1, including the
Kaplan Kirsch & Rockwell, 1001 at CLopez@azdot.gov. Regular office purpose and need, alternatives to be
Connecticut Avenue, NW., Suite 800, hours are from 8:00 a.m. to 5:00 p.m., studied, impacts to be evaluated, and
Washington, DC 20036. Monday through Friday, except Federal evaluation methods to be used. The
Board decisions and notices are holidays. Project information can be formal scoping period is anticipated to
available on our Web site at obtained from the project Web site at: extend from May 12, 2017 to July 15,
‘‘WWW.STB.DOT.GOV.’’ https://www.azdot.gov/ 2017. Two public scoping meetings and
Decided: May 9, 2017. SonoranCorridor. one agency scoping meeting for Federal,
By the Board, Rachel D. Campbell, State, regional and local resource and
SUPPLEMENTARY INFORMATION: The regulatory agencies will be held during
Director, Office of Proceedings.
purpose of this notice is to: (1) Alert the formal scoping period. In addition,
Marline Simeon,
interested parties to FHWA’s plan to cooperating and participating agency
Clearance Clerk. prepare the Tier 1 EIS; (2) provide invitation letters will be sent to agencies
[FR Doc. 2017–09657 Filed 5–11–17; 8:45 am] information on the nature of the that have jurisdiction or may have an
BILLING CODE 4915–01–P proposed action; (3) solicit public and interest in the Sonoran Corridor.
agency input regarding the scope of the The buildings used for the meetings
Tier 1 EIS, including the purpose and are accessible to persons with
DEPARTMENT OF TRANSPORTATION need, alternatives to be considered, and disabilities. Any person who requires
impacts to be evaluated; and (4) special assistance, such as a language
Federal Highway Administration announce that public and agency interpreter, should contact the Sonoran
scoping meetings will be conducted. Corridor Tier 1 EIS Study Team at
mstockstill on DSK30JT082PROD with NOTICES
Tier 1 Environmental Impact Statement
The FHWA intends to issue a single telephone 855–712–8530 or via email at
(EIS) for the Sonoran Corridor Between
Final Tier 1 EIS and Record of Decision Sonorancorridor@azdot.gov at least 48
Interstate 10 (I–10) and Interstate 19 (I–
(ROD) document pursuant to the FAST hours before the meeting.
19) South of Tucson International
Act Section 1311 requirements, unless Written comments on the scope of the
Airport in Pima County, Arizona
FHWA determines statutory criteria or Tier 1 EIS should be mailed to: Sonoran
AGENCY:Federal Highway practicability considerations preclude Corridor Tier 1 EIS Study Team, c/o
Administration (FHWA), Arizona issuance of a combined document. ADOT Communications, 1655 West
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Document Created: 2017-05-12 01:09:19
Document Modified: 2017-05-12 01:09:19
| 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 | 82 FR 22181 |
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