[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Page 43532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17527]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35836]


Brownsville & Rio Grande International Railway, LLC--Change In 
Operator Exemption Including Interchange Commitment--Brownsville & Rio 
Grande International Railroad

    Brownsville & Rio Grande International Railway, LLC (BRGIR), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to change operators from Brownsville & Rio Grande International 
Railroad (BRG) to BRGIR over certain rail lines currently operated by 
BRG in and around the seaport facilities of the Brownsville Navigation 
District of Cameron County, Tex., (the District) \1\ at the Port of 
Brownsville, Tex. Specifically: (1) BRGIR will become the operator of 
10.5 miles of rail line and 39.5 miles of ancillary track 
(collectively, the District Trackage) in and around the Port of 
Brownsville, including Palo Alto Yard; (2) BRG will assign to BRGIR its 
leasehold interests in a rail line owned by Union Pacific Railroad 
Company (UP) known as the ``Port Lead'' between milepost 2.20 near 
Arthur Street in Brownsville, Tex., and milepost 7.92 at a point of 
connection with the District Trackage at the western end of the Port of 
Brownsville; and (3) BRGIR will assume by assignment BRG's overhead 
trackage rights over UP's ``New Port Lead'' between milepost 7.49 and 
milepost 9.47, enabling BRGIR to access Palo Alto Yard. This change in 
operators is exempt under 49 CFR 1150.31(3).
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    \1\ According to the verified notice of exemption, the District 
is a political subdivision of the State of Texas that manages 
operations within the Port of Brownsville and owns railroad trackage 
within the port terminal area as well as within Palo Alto Yard. BRG 
obtained authority to operate the District Trackage in 1984. See 
Brownsville & Rio Grande Int'l R.R.--Operation--Port of Brownsville, 
Brownsville, Tex., FD 30255 (ICC served Sept. 8, 1984). BRGIR will 
operate the District Trackage under a new Master Franchise Agreement 
(MFA) between the District and BRGIR's corporate affiliate, 
OmniTRAX, Inc. (OmniTRAX). When BRGIR is ready to assume railroad 
operations in place of BRG, OmniTRAX will convey the railroad 
operating rights under the MFA to BRGIR. BRGIR has submitted to the 
Board an unredacted copy of the MFA. See Anthony Macrie--Continuance 
in Control Exemption--N.J. Seashore Lines, FD 35296 (STB served Aug. 
31, 2010).
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    BRGIR states that the existing lease that BRG will assign to BRGIR, 
governing operation of the Port Lead, contains an interchange 
commitment in favor of UP that applies to (and is limited to) traffic 
originating and terminating on the Port Lead. As required under 49 CFR 
1150.33(h)(1), BRGIR has provided additional information concerning the 
interchange commitment.
    BRGIR certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier. However, because its projected annual revenues will 
exceed $5 million, BRGIR certifies that, pursuant to 49 CFR 1150.32(e), 
it provided notice on June 12, 2014, to employees on the affected lines 
and that notice was not served on the national offices of any rail 
labor union because no employees on the affected lines are represented 
by any labor union. Additionally, under 49 CFR 1150.32(b), a change in 
operators requires that notice be given to shippers. BRGIR certifies 
that notice has been given to all shippers on the affected lines.
    The earliest this transaction can be consummated is August 11, 
2014. BRGIR indicates that consummation is expected to occur on or 
after that date.
    This transaction is related to a concurrently filed verified notice 
of exemption in Patrick D. Broe--Continuance in Control Exemption--
Brownsville & Rio Grande International Railway, Docket No. FD 35837, in 
which Patrick D. Broe, OmniTRAX, and OmniTRAX Holdings, LLC seek the 
Board's approval under 49 CFR 1180.2(d)(2) to continue in control of 
BRGIR upon BRGIR's becoming a common 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 for stay must be filed no later than August 4, 
2014 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35836, 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 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.dot.gov.

    Decided: July 21, 2014.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Raina. S. White,
Clearance Clerk.
[FR Doc. 2014-17527 Filed 7-24-14; 8:45 am]
BILLING CODE 4915-01-P