SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_36109_0

Case Title:  
GRUPO MÉXICO, S.A.B. DE C.V. AND GMÉXICO TRANSPORTES, S.A. DE C.V.—CONTROL EXEMPTION—FLORIDA EAST COAST HOLDINGS CORP.

Decision Type:  
Corrected Notice

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE OF A CORRECTION OF THE NOTICE OF EXEMPTION SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON MAY 12, 2017.

    Decision Attachments

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    Full Text of Decision

40928

45847                                 SERVICE DATE – MAY 22, 2017

DO

FR-4915-01-P

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36109]

Grupo México, S.A.B. de C.V. and GMéxico Transportes, S.A. de C.V.—Control Exemption—Florida East Coast Holdings Corp.

AGENCY:  Surface Transportation Board.

ACTION:  Correction to Notice of Exemption.

            On April 10, 2017, GMéxico Transportes, S.A. de C.V. (GMéxico Transportes), a non-carrier holding company, filed a verified notice of exemption pursuant to 49 C.F.R. § 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, upon the merger of GMXT Florida Merger Sub, Inc., a non-carrier subsidiary of GMéxico Transportes, with and into Florida East Coast Holdings Corp., a non-carrier currently controlling FECR.  On April 28, 2017, GMéxico Transportes filed an amendment to its verified notice of exemption to identify and encompass its parent company, Grupo México, S.A.B. de C.V. (Grupo México), also a non-carrier holding company, 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 México controls.

            Notice of the exemption was served on May 9, 2017, and published in the Federal Register on May 12, 2017.  (82 Fed. Reg. 22,181).  On May 11, 2017, GMéxico Transportes filed a letter requesting that the Board correct the statement on page one of the notice that “Control of [FECR, Pacifico, and Copper Basin] by Grupo México and GMéxico Transportes will be effected upon the merger” to clarify that GMéxico Transportes will not obtain control of Copper Basin as a result of the transaction.  By this notice, that statement is corrected to read as follows:  “Control of FECR, Pacifico, and Copper Basin by Grupo México, including control of Pacifico and FECR by GMéxico Transportes, as a subsidiary of Grupo México, will be effected upon the merger described in the notice.”  All other information in the notice remains unchanged.

            Board decisions and notices are available on our website at “WWW.STB.GOV.”

            Decided:  May 22, 2017.

By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.