45594 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices

ACTION: Notice of solicitation of Department requests that any part Bulgarsky, also known as Salman comments. soliciting or aggregating comments Bulgarskiy, committed, or poses a received from other persons for significant risk of committing, acts of SUMMARY: NuStar Logistics, LP submission to the State Department terrorism that threaten the security of (‘‘NuStar’’) applied for an amended inform those persons that the State U.S. nationals or the national security, Presidential Permit from the Department Department will not edit their foreign policy, or economy of the United of State (‘‘State Department’’) to comments to remove identifying or States. authorize the operation and contact information, and that they Consistent with the determination in maintenance of existing pipeline should not include any information in section 10 of Executive Order 13224 that facilities (the ‘‘Existing Burgos their comments that they do not want prior notice to persons determined to be Pipeline’’) at the United States-Mexico publicly disclosed. subject to the Order who might have a border. Specifically, NuStar requested DATES: constitutional presence in the United that the Department amend the 2006 Comments must be submitted no later than August 15, 2016 at 11:59 p.m. States would render ineffectual the Presidential Permit to: (1) Reflect blocking and other measures authorized ADDRESSES: For reasons of efficiency, NuStar’s name change from Valero in the Order because of the ability to the State Department encourages the Logistics Operations, LP to NuStar transfer funds instantaneously, I electronic submission of comments Logistics, LP as the owner and operator determine that no prior notice needs to through the federal government’s of the Existing Burgos Pipeline and (2) be provided to any person subject to this eRulemaking Portal (http:// authorize the Existing Burgos Pipeline determination who might have a www.regulations.gov), enter the Docket border facilities to transport a broader constitutional presence in the United No. DOS–2016–0050 and follow the range of petroleum products than States, because to do so would render prompts to submit a comment. allowed by the 2006 Presidential Permit, ineffectual the measures authorized in including diesel, gasoline, jet fuel, The State Department also will accept comments submitted in hard copy by the Order. liquefied petroleum gas, and natural gas This notice shall be published in the mail and postmarked no later than liquids. The 2006 Presidential Permit Federal Register. only allows transportation of light August 15, 2016. Please note that Dated: June 29, 2016. naphtha. standard mail delivery to the State After consulting with the public and Department can be delayed due to John F. Kerry, interested agencies, on June 10, 2016, security screening. To submit comments Secretary of State. the State Department approved a Final by mail, use the following address: [FR Doc. 2016–16569 Filed 7–13–16; 8:45 am] Environmental Assessment (‘‘EA’’) for Office of Energy Diplomacy, Energy BILLING CODE 4710–AD–P the Existing Burgos Pipeline and New Resources Bureau (ENR/EDP/EWA) Burgos Pipeline and a Finding of No Department of State 2201 C St. NW., Ste. Significant Impact (‘‘FONSI’’). 4428, Attn: Sydney Kaufman, SURFACE TRANSPORTATION BOARD , DC 20520. Background information related to the [Docket No. FD 36032] application, including the EA and Dated: July 7, 2016. FONSI may be found at: http:// R. Chris Davy, Omnitrax Holdings Combined, Inc.— www.state.gov/e/enr/applicant/ Deputy Director, Office of Europe, Western Acquisition of Control Exemption— applicants/index.htm. Hemisphere and Africa, Bureau of Energy & Tennessee River Railway, Executive Order 13337 (69 FR 25299) Resource, Department of State. LLC, et al. calls on the Secretary of State, or his [FR Doc. 2016–16677 Filed 7–13–16; 8:45 am] On May 5, 2016, OmniTRAX designee, to determine if issuance of a BILLING CODE 4710–AE–P Presidential Permit would serve the Holdings Combined, Inc. (OmniTRAX) national interest. This decision will take filed a petition for exemption from the 1 into account a wide range of factors, DEPARTMENT OF STATE requirements of 49 U.S.C. 11323–25. including energy security; OmniTRAX seeks after-the-fact Board [Public Notice: 9633] environmental, cultural, and economic authority for transactions that occurred on December 31, 2015, where impacts; foreign policy; and compliance Executive Order 13224 Designation of OmniTRAX acquired direct and with relevant federal regulations and Ayrat Nasimovich Vakhitov, aka Aiat exclusive control over 18 Class III issues. Nasimovich Vahitov, aka Airat railroads.2 (Pet. 2–5.) OmniTRAX states The State Department invites Vakhitov, aka Aryat Vakhitov, aka Airat members of the public to comment on Wakhitov, aka Taub Ayrat Vakhitov, any factor they deem relevant to the 1 Although the petition initially states that it is aka Salman Bulgarsky, aka Salman seeking an exemption from the requirements of only national interest determination that will Bulgarskiy, as a Specially Designated 11324 and 11325 (Pet. 2), it later specifically be made for this permit application. Global Terrorist references 11323 as well (Pet. 6, 9). Along with other factors such as those 2 The railroads and the state(s) they operate in are listed above, these comments will be Acting under the authority of and in as follows: considered in the final national interest accordance with section 1(b) of * Alabama & Tennessee River Railway, LLC: determination. The public comment Executive Order 13224 of September 23, Alabama * Alliance Terminal Railroad, LLC: (not period will end 30 days from the 2001, as amended by Executive Order currently in operation) publication of this notice. 13268 of July 2, 2002, and Executive * Brownsville & Rio Grande International Comments are not private. They will Order 13284 of January 23, 2003, I Railway, LLC: Texas be posted on the site http:// hereby determine that the individual * Rail Link, LLC: www.regulations.gov. The comments known as Ayrat Nasimovich Vakhitov, * Fulton County Railway, LLC: will not be edited to remove identifying also known as Aiat Nasimovich Vahitov, + Georgia & Florida Railway, LLC: Georgia, Florida or contact information, and the State also known as Airat Vakhitov, also * Georgia Woodlands Railroad, LLC: Georgia Department cautions against including known as Aryat Vakhitov, also known * Great Western Railway of , LLC: any information that one does not want as Airat Wakhitov, also known as Taub Colorado publicly disclosed. The State Ayrat Vakhitov, also known as Salman + , LLC: Illinois

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that its failure to obtain proper Board railroads 4 were directly controlled by the rail transportation policy (RTP) of authority prior to the transactions was OmniTRAX Holdings, LLC (OTH), 10101; and (2) either the transaction or due to inadvertent oversight. (Pet. 2.) which was controlled by OmniTRAX, service is limited in scope, or regulation This proceeding is related to two Inc. (OTI), which was in turn controlled is not needed to protect shippers from pending class exemption proceedings: by Broe. In addition, Broe also the abuse of market power. Docket No. FD 36018, in which Central indirectly controlled 5 other railroads,5 In this case, an exemption from the Texas & Colorado River Railway, LLC but through other ‘‘corporate prior approval requirements of 49 U.S.C. (CTCR), a noncarrier subsidiary of arrangements not involving OTI or 11323–25 is consistent with the OmniTRAX, seeks to acquire and OTH.’’ (Pet. 4.) standards of 10502. Detailed scrutiny of operate a line of railroad, and Docket Additionally, Broe held a non- the proposed transactions through an No. FD 36019, in which OmniTRAX controlling interest in the 18th railroad, application for review and approval seeks to continue in control of CTCR Peru Industrial Railroad, LLC (PIR), an under 11323–25 is not necessary here to upon its becoming a Class III rail carrier. independent short line operating in carry out the RTP. Approval of the On May 24, 2016, OmniTRAX filed a Illinois. PIR connects with one of the transactions at issue will result in a supplement to its petition for other Class III railroads—Illinois change in ownership of the 18 exemption, providing additional Railway, LLC (IR)—that was acquired in aforementioned rail carriers with no information and a request for expedited the OmniTRAX transactions. These two lessening of competition and will bring action so as not to delay capital railroads connect at Peru, Ill., but those railroads under the oversight of improvement plans for the CTCR. By OmniTRAX asserts that the respective established short-line management. An decision served on May 26, 2016, the railroad lines do not access or serve any exemption will promote the RTP by Board held the related proceedings in common industry or customer(s). minimizing the need for federal Docket Nos. FD 36018 and FD 36019 in OmniTRAX states that IR previously regulatory control over the transactions, abeyance pending action on obtained exemption authority to lease 10101(2); ensuring the development and OmniTRAX’s petition for exemption in and operate over PIR’s lines in Illinois continuation of a sound rail this proceeding. Cent. Tex. & Colo. River Railway—Lease & Operation transportation system that will continue Ry.—Acquis. & Operation Exemption— Exemption—Rail Line of Peru Land to meet the needs of the public, Line of Heart of Tex. R.R., FD 36018, et Acquisition 2, LLC, FD 35886 (STB 10101(4); reducing the barriers to entry al. (STB served May 26, 2016). served Dec. 24, 2014). (Suppl. 6.) and exit from the rail transportation OmniTRAX’s petition for exemption As mentioned above, OmniTRAX industry, 10101(7); encouraging efficient will be granted. Because we are granting requests expedited action because this management, 10101(9); and providing the petition for exemption in this proceeding is the limiting factor to for the expeditious resolution of this proceeding, we are also reactivating the obtaining regulatory authority in the and the related proceedings, 10101(15). proceedings in Docket Nos. FD 36018 two related proceedings in Docket Nos. Other aspects of the RTP will not be and FD 36019 by serving and publishing FD 36018 and FD 36019. OmniTRAX adversely affected. those notices in the Federal Register. states that holding those dockets in Nor is detailed scrutiny of the abeyance could result in delays to proposed transactions necessary to Background critical railroad physical plant protect shippers from an abuse of OmniTRAX is a non-carrier holding improvements. (Suppl. 7.) market power. According to company established to control short OmniTRAX, no shipper will lose access Discussion and Conclusions line railroads. (Pet. 2.) OmniTRAX to rail service as a result of the states that it is owned by three separate The acquisition of control of a rail transactions, and operations will and independent corporations, none of carrier (or carriers) by a person that is continue as they did before OmniTRAX which possess a controlling interest in not a rail carrier but that controls any assumed control. (Pet. 9.) Further, OmniTRAX.3 (Id. at 5.) number of rail carriers requires approval OmniTRAX states that the relevant Prior to the December 31, 2015 by the Board pursuant to 49 U.S.C. agreements related to the acquisitions transactions in which OmniTRAX 11323(a)(5). Under 10502(a), however, contain no provision that would limit acquired direct and exclusive control of we must exempt a transaction or service any of the 18 railroads’ future 18 Class III rail carriers, Patrick D. Broe from regulation if we find that: (1) interchange of traffic to or from third- (Broe) indirectly controlled 17 of the 18 Regulation is not necessary to carry out party connecting carriers. (Id.) Although Class III railroads. Twelve of the PIR connects with IR, OmniTRAX states 4 These twelve carriers are denoted with an that their lines do not access or serve * Kettle Falls International Railway, LLC: asterisk in footnote 3. any common industry or customers. In Washington (and , Canada) 5 These five carriers are denoted with a plus * Manufacturers’ Junction Railway, LLC: Illinois symbol in footnote 3. Although the petition did not addition, OmniTRAX states that ‘‘PIR’s + Nebraska, & Colorado Railway, LLC: provide details of the relationship between Broe only outlet to the balance of the Nebraska, Kansas, Colorado and these carriers, in Patrick D. Broe—Acquisition interstate railroad network is via its * Newburgh & South Shore Railroad, LLC: of Control Exemption—Stockton Terminal & connection to IR,’’ that PIR and its Eastern Railroad, FD 35525 (STB served July 15, * Northern Ohio & Western Railway, LLC: Ohio 2011), Broe obtained authority to acquire indirect customers would continue to rely upon * Panhandle Northern Railroad, LLC: Texas Peru control via ST&E Holdings, Inc., of one of the five intermediate IR service to reach line- Industrial Railroad, LLC: Illinois carriers, the Stockton Terminal & Eastern Railroad haul carriers. (Suppl. 6.) Accordingly, + Company: Company. Later, in Patrick D. Broe—Acquisition of based on the record, these transactions + Stockton Terminal and Eastern Railroad: Control Exemption—Sand Springs Railway, FD (Pet. 3.) 35829 (STB served June 12, 2014), Broe obtained do not appear to shift or consolidate 3 OmniTRAX states that ‘‘no individual or authority to acquire indirect control via Sand market power; therefore, we do not find corporate entity possesses a direct or indirect Springs Holdings, LLC, of another of the five that regulation is necessary to protect controlling interest in OmniTRAX at this time.’’ carriers, the Sand Springs Railway Company. In shippers from the abuse of market (Pet. 5.) Control is a fact-intensive determination, Broe’s 2014 filings with the Board in the latter 6 and this decision makes no finding based on this docket, he noted that he controls BNS Holdings, power. statement by OmniTRAX. If, as one example, an Inc., a noncarrier that indirectly controlled the three individual directly or indirectly controlled two of remaining carriers. Broe Notice of Exemption 4, 6 As there is no evidence that regulation is needed the three parent corporations of OmniTRAX, that Patrick D. Broe—Acquis. of Control Exemption— to protect shippers from the abuse of market power, individual would also need Board authority. Sand Springs Ry., FD 35829. Continued

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Under 49 U.S.C. 10502(g), we may not the end of the track in Brady, pursuant Transportation Board, 395 E Street SW., use our exemption authority to relieve to a purchase and sale agreement. Washington, DC 20423–0001. In a rail carrier of its statutory obligation CTCR states that HTR has operated addition, a copy of each pleading must to protect the interests of its employees. the Brady Line since 2013 when HTR be served on William C. Sippel, Fletcher The Board, however, is not required to acquired the Brady Line from the & Sippel LLC, 29 North Wacker Drive, impose labor protective conditions bankruptcy estate of the prior owner.1 Suite 920, Chicago, IL 60606. when only Class III rail carriers are CTCR is a subsidiary of OmniTRAX According to CTCR, this action is involved in a transaction that falls Holdings Combined, Inc. (OmniTRAX). categorically excluded from under 49 U.S.C. 11324–25, as is the case This transaction is related to a environmental review under 49 CFR here. 49 U.S.C. 11326(c). concurrently filed verified notice of 1105.6(c). These transactions are categorically exemption in OmniTRAX Holdings Board decisions and notices are excluded from environmental review Combined, Inc.—Continuance in available on our Web site at under 49 CFR. 1105.6(c)(2)(i) because Control Exemption—Central Texas & ‘‘WWW.STB.DOT.GOV.’’ they will not result in any significant Colorado River Railway, Docket No. FD Decided: July 11, 2016. 36019, in which OmniTRAX seeks change in carrier operations. Similarly, By the Board, Rachel D. Campbell, the transactions are exempt from the Board approval under 49 CFR Director, Office of Proceedings. 1180.2(d)(2) to continue in control of historic reporting requirements under Tia Delano, 49 CFR. 1105.8(b)(3) because they will CTCR upon CTCR’s becoming a Class III Clearance Clerk. not substantially change the level of rail carrier. OmniTRAX currently maintenance of railroad properties. controls 18 Class III rail carriers [FR Doc. 2016–16673 Filed 7–13–16; 8:45 am] As indicated, OmniTRAX has (OmniTRAX Railroads) in the United BILLING CODE 4915–01–P requested expedited action to avoid States.2 delays to critical railroad physical plant This exemption is effective July 28, SURFACE TRANSPORTATION BOARD improvements. We find OmniTRAX’s 2016. request to be reasonable. We will grant CTCR certifies that its projected [Docket No. FD 36019] the exemption and the exemption will annual revenues as a result of this be effective immediately. transaction will not result in the OmniTRAX Holdings Combined, Inc.— It is ordered: creation of a Class II or Class I rail Continuance in Control Exemption— 1. Under 49 U.S.C. 10502, the Board carrier and does not exceed $5 million. Central Texas & Colorado River exempts the above-described CTCR also certifies that the purchase Railway, LLC transactions from the prior approval and sale agreement between HTR and OmniTRAX Holdings Combined, Inc. requirements of 11323–25. CTCR does not involve any provision (OmniTRAX) has filed a verified notice 2. Notice will be published in the limiting CTCR’s future interchange of of exemption pursuant to 49 CFR Federal Register. traffic with a third-party connecting 1180.2(d)(2) to continue in control of 3. This exemption will be effective on carrier. July 14, 2016. If the verified notice contains false or Central Texas & Colorado River Railway, LLC (CTCR), a noncarrier, upon CTCR’s Decided: July 11, 2016. misleading information, the exemption is void ab initio. Petitions to revoke the becoming a Class III rail carrier. CTCR By the Board, Chairman Elliott, Vice is a wholly owned subsidiary of Chairman Miller, and Commissioner exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of OmniTRAX. Begeman. This transaction is related to a a petition to revoke will not Brendetta S. Jones, concurrently filed verified notice of automatically stay the effectiveness of Clearance Clerk. exemption in Central Texas & Colorado the exemption. Petitions to stay must be [FR Doc. 2016–16671 Filed 7–13–16; 8:45 am] River Railway—Acquisition & Operation filed no later than July 21, 2016 (at least BILLING CODE 4915–01–P Exemption—Line of Heart of Texas seven days before the exemption Railroad, Docket No. FD 36018, in becomes effective). which CTCR seeks Board approval SURFACE TRANSPORTATION BOARD An original and 10 copies of all pleadings, referring to Docket No. FD under 49 CFR 1150.31 to acquire and [Docket No. FD 36018] 36018, must be filed with the Surface operate a line of railroad extending 67.5 miles from Lometa, Tex., to the end of Central Texas & Colorado River 1 See Heart of Tex. R.R.—Acquis. & Operation the track at Brady, Tex. (the Brady Line). Railway, LLC—Acquisition and Exemption—Gulf Colo. & San Saba Ry., FD 35710 OmniTRAX is a noncarrier holding Operation Exemption—Line of Heart of (STB served Jan. 4, 2013). company that controls 18 Class III rail Texas Railroad, L.P. 2 In its verified notice filed in Docket No FD. carrier subsidiaries (the OmniTRAX 36019, OmniTRAX explains that in preparing the Railroads) subject to the Board’s Central Texas & Colorado River two related class exemption filings, it was jurisdiction.1 This transaction will Railway, LLC (CTCR), a noncarrier, has discovered that OmniTRAX had acquired direct and exclusive control of the 18 OmniTRAX Railroads on filed a verified notice of exemption December 31, 2015. It states that it inadvertently 1 In its verified notice, OmniTRAX explains that under 49 CFR 1150.31 to acquire from did not seek advanced authority to engage in the in preparing the two related class exemption filings, Heart of Texas Railroad, L.P. (HTR), and acquisition of control, ‘‘in part because of the it was discovered that OmniTRAX had acquired to operate a line of railroad extending preexisting close association among all of the direct and exclusive control of the 18 OmniTRAX involved carriers and their largely common short Railroads on December 31, 2015. It states that it between Lometa, Tex., and Brady, Tex. line heritage.’’ On May 5, 2016, OmniTRAX filed inadvertently did not seek advanced authority to (the Brady Line). CTCR will acquire the a petition for exemption in Docket No. FD 36032 engage in the acquisition of control, ‘‘in part 67.5-mile Brady Line, which connects to seek the requisite authority to acquire control of because of the preexisting close association among with a BNSF Railway Company line at the OmniTRAX Railroads, and by decision served all of the involved carriers and their largely on May 26, 2016, the Board held the notice of common short line heritage.’’ On May 5, 2016, milepost 0.0 in Lometa and continues to exemption proceedings in abeyance pending a OmniTRAX filed a petition for exemption in Docket ruling on the petition. The Board granted the No. FD 36032 to seek the requisite authority to we do not need to determine whether the petition in a decision served July 14, 2016, and acquire control of the OmniTRAX Railroads, and by transaction is limited in scope. See 49 U.S.C. therefore is removing this proceeding from decision served on May 26, 2016, the Board held 10502(a). abeyance and publishing this notice. the notice of exemption proceedings in abeyance

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