OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, Inc.-Control Exemption-The Winchester and Western Railroad Company, 43852-43853 [2019-18206]

Download as PDF 43852 Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Notices 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236–3 of August 28, 2000. Marie Therese Porter Royce, Assistant Secretary, Educational and Cultural Affairs, Department of State. and Delegation of Authority No. 236–3 of August 28, 2000. and Delegation of Authority No. 236–3 of August 28, 2000. Marie Therese Porter Royce, Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. Marie Therese Porter Royce, Assistant Secretary, Educational and Cultural Affairs, Department of State. [FR Doc. 2019–18084 Filed 8–21–19; 8:45 am] [FR Doc. 2019–18085 Filed 8–21–19; 8:45 am] BILLING CODE 4710–05–P BILLING CODE 4710–05–P [FR Doc. 2019–18083 Filed 8–21–19; 8:45 am] DEPARTMENT OF STATE BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36338] [Public Notice: 10860] DEPARTMENT OF STATE [Public Notice: 10856] Notice of Determinations; Culturally Significant Objects Imported for Exhibition—Determinations: ‘‘Bertoldo di Giovanni: The Renaissance of Sculpture in Medici Florence’’ Exhibition SUMMARY: Notice is hereby given of the following determinations: I hereby determine that certain objects to be included in the exhibition ‘‘Bertoldo di Giovanni: The Renaissance of Sculpture in Medici Florence,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Frick Collection, New York, New York, from on or about September 18, 2019, until on or about January 12, 2020, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these determinations be published in the Federal Register. Notice of Determinations; Culturally Significant Objects Imported for Exhibition—Determinations: ‘‘John Singer Sargent: Portraits in Charcoal’’ Exhibition SUMMARY: Notice is hereby given of the following determinations: I hereby determine that certain objects to be included in the exhibition ‘‘John Singer Sargent: Portraits in Charcoal,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Morgan Library & Museum, New York, New York, from on or about October 4, 2019, until on or about January 12, 2020, at the National Portrait Gallery, Smithsonian Institution, Washington, District of Columbia, from on or about February 28, 2020, until on or about May 31, 2020, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Chi D. Tran, Paralegal Specialist, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/ PD, SA–5, Suite 5H03, Washington, DC 20522–0505. FOR FURTHER INFORMATION CONTACT: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:37 Aug 21, 2019 Jkt 247001 Chi Tran, Paralegal Specialist, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/PD, SA–5, Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, Inc.— Control Exemption—The Winchester and Western Railroad Company OmniTRAX Holdings Combined, Inc. (OmniTRAX), and HGS Railway Holdings, Inc. (HGS) (collectively, Applicants), both noncarriers, filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire control of the Winchester and Western Railroad Company (WWRR), a Class III rail carrier. According to Applicants, OmniTRAX and HGS are under joint managerial and operational control.1 Applicants state that OmniTRAX currently controls 18 Class III railroads.2 Applicants further state that HGS currently controls two Class III railroads.3 Applicants also note that they filed a notice of exemption in OmniTRAX Holdings Combined, Inc.—Continuance in Control Exemption—Cleveland & Cuyahoga Railway, FD 36288, in which Applicants seek to continue in control of Cleveland & Cuyahoga Railway, LLC (CCR), upon CCR’s becoming a Class III rail carrier.4 Attached to the verified notice is an executed agreement to effectuate Applicants’ control of WWRR. 1 See also HGS Ry. Holdings, Inc.—Continuance in Control Exemption—HGS–FCR, LLC, FD 36180, slip op. at 2–3 n.3 (STB served May 23, 2018). 2 According to Applicants, OmniTRAX controls the following railroads: Alabama & Tennessee River Railway, LLC; Brownsville & Rio Grande International Railway, LLC; Chicago Rail Link, LLC; Fulton County Railway, LLC; Georgia & Florida Railway, LLC; Georgia Woodlands Railroad, LLC; Great Western Railway of Colorado, LLC; Illinois Railway, LLC; Kettle Falls International Railway, LLC; Manufacturers’ Junction Railway, LLC; Nebraska, Kansas & Colorado Railway, LLC; Newburgh & South Shore Railroad, LLC; Northern Ohio & Western Railway, LLC; Panhandle Northern Railway, LLC; Peru Industrial Railroad, LLC; Sand Springs Railway Company; Stockton Terminal and Eastern Railroad; and Central Texas & Colorado River Railway LLC. 3 According to Applicants, HGS controls HGS– ATN, LLC, and HGS–FCR, LLC. 4 The notice of exemption in Docket No. FD 36288 was served and published in the Federal Register on August 15, 2019 (84 FR 41804), and the exemption is scheduled to become effective on August 30, 2019. E:\FR\FM\22AUN1.SGM 22AUN1 Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Notices The earliest this transaction may be consummated is September 5, 2019, the effective date of the exemption (30 days after the verified notice was filed). The verified notice states that: (i) The rail lines operated by the OmniTRAX carriers and the HGS carriers, as well as the rail lines to be operated by CCR, do not connect with the rail lines to be operated by WWRR; (ii) the proposed transaction is not part of a series of anticipated transactions that would connect the rail lines that will be operated by WWRR with any railroad in the OmniTRAX and HGS corporate families, or with any rail line to be operated by CCR; and (iii) neither WWRR nor any of the carriers controlled by OmniTRAX or HGS, nor CCR, is a Class I rail 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. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Because this transaction involves Class III rail carriers only, the Board, under the statute, may not impose labor protective conditions for this transaction. 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 to stay must be filed no later than August 29, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36338, must be filed with the Surface Transportation Board via efiling or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Applicants’ representative, Karl Morell, Karl Morell & Associates, 440 1st Street NW, Suite 440, Washington, DC 20001. According to Applicants, this action is excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b)(1). Board decisions and notices are available at www.stb.gov. Decided: August 16, 2019. VerDate Sep<11>2014 16:37 Aug 21, 2019 Jkt 247001 By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–18206 Filed 8–21–19; 8:45 am] BILLING CODE 4915–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket Number USTR–2019–0014] Agency Information Collection Activities; Request for Comments— Renewal of the Collection of Information Titled ‘301 Exclusion Requests’ Office of the United States Trade Representative. ACTION: Notice and request for comments. AGENCY: SUMMARY: The Office of the United States Trade Representative (USTR) invites comments on an existing information collection request (ICR) titled 301 Exclusion Requests. USTR plans to ask the Office of Management and Budget (OMB) to renew approval of the ICR for three years under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations. DATES: Submit comments no later than October 21, 2019. ADDRESSES: USTR strongly prefers electronic submissions made through the Federal eRulemaking Portal: https:// www.regulations.gov. See the submission instructions below. The Docket Number is USTR–2019–0014. For alternatives to on-line submissions, please contact the Section 301 hotline at (202) 395–5725 before transmitting a comment and in advance of the deadline. FOR FURTHER INFORMATION CONTACT: Assistant General Counsels Philip Butler or Megan Grimball, or Director of Industrial Goods Justin Hoffmann at (202) 395–5725. SUPPLEMENTARY INFORMATION: A. Comments Submit written comments and suggestions addressing one or more of the following four points: (1) Whether the ICR is necessary for the proper performance of USTR’s functions, including whether the information will have practical utility. (2) The accuracy of USTR’s estimate of the burden of the ICR, including the validity of the methodology and assumptions used. (3) Ways to enhance the quality, utility, and clarity of the ICR. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 43853 (4) Ways to minimize the burden of the ICR on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. B. Overview of This Information Collection Title: 301 Exclusion Requests. OMB Control Number: 0350–0015, which expires on December 31, 2019. Form Number(s): 301 Exclusion Request/Response/Reply Form. Description: Following a comprehensive investigation, the U.S. Trade Representative determined that the Government of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation were actionable under section 301(b) of the Trade Act of 1974 (19 U.S.C. 2411(b)). The U.S. Trade Representative determined that appropriate action to obtain the elimination of these acts, policies, and practices included the imposition of additional ad valorem duties on products from China classified in certain enumerated subheadings of the Harmonized Tariff Schedule of the United States (HTSUS). For background on the proceedings in this investigation, please see the prior notices issued in the investigation, including 82 FR 40213 (August 23, 2017), 83 FR 14906 (April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 33608 (July 17, 2018), 83 FR 38760 (August 7, 2018), 83 FR 40823 (August 16, 2018), 83 FR 47974 (September 21, 2018), and 83 FR 49152 (September 28, 2018), 83 FR 65198 (December 19, 2018), 84 FR 7966 (March 5, 2019), 84 FR 20459 (May 9, 2019), and 84 FR 21389 (May 9, 2019). On May 15, 2019, USTR submitted a request to OMB for emergency processing of this ICR. USTR reviewed the six submissions in response to the notice requesting comments (84 FR 23145). Five comments expressed concerns regarding the ability to designate and protect business confidential information (BCI); three requested that the ICR provide additional guidance or clarification; two asked for an expedited review process; two requested that the ICR take into account additional information; two commented with respect to the burden estimate; two requested certain questions be removed; and one indicated the ICR should better indicate whether a particular field was required. In light of the comments and in further consideration of the issues, USTR published FAQs covering a wide range of topics pertaining to the E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Notices]
[Pages 43852-43853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18206]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36338]


OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, 
Inc.--Control Exemption--The Winchester and Western Railroad Company

    OmniTRAX Holdings Combined, Inc. (OmniTRAX), and HGS Railway 
Holdings, Inc. (HGS) (collectively, Applicants), both noncarriers, 
filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to 
acquire control of the Winchester and Western Railroad Company (WWRR), 
a Class III rail carrier.
    According to Applicants, OmniTRAX and HGS are under joint 
managerial and operational control.\1\ Applicants state that OmniTRAX 
currently controls 18 Class III railroads.\2\ Applicants further state 
that HGS currently controls two Class III railroads.\3\
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    \1\ See also HGS Ry. Holdings, Inc.--Continuance in Control 
Exemption--HGS-FCR, LLC, FD 36180, slip op. at 2-3 n.3 (STB served 
May 23, 2018).
    \2\ According to Applicants, OmniTRAX controls the following 
railroads: Alabama & Tennessee River Railway, LLC; Brownsville & Rio 
Grande International Railway, LLC; Chicago Rail Link, LLC; Fulton 
County Railway, LLC; Georgia & Florida Railway, LLC; Georgia 
Woodlands Railroad, LLC; Great Western Railway of Colorado, LLC; 
Illinois Railway, LLC; Kettle Falls International Railway, LLC; 
Manufacturers' Junction Railway, LLC; Nebraska, Kansas & Colorado 
Railway, LLC; Newburgh & South Shore Railroad, LLC; Northern Ohio & 
Western Railway, LLC; Panhandle Northern Railway, LLC; Peru 
Industrial Railroad, LLC; Sand Springs Railway Company; Stockton 
Terminal and Eastern Railroad; and Central Texas & Colorado River 
Railway LLC.
    \3\ According to Applicants, HGS controls HGS-ATN, LLC, and HGS-
FCR, LLC.
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    Applicants also note that they filed a notice of exemption in 
OmniTRAX Holdings Combined, Inc.--Continuance in Control Exemption--
Cleveland & Cuyahoga Railway, FD 36288, in which Applicants seek to 
continue in control of Cleveland & Cuyahoga Railway, LLC (CCR), upon 
CCR's becoming a Class III rail carrier.\4\
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    \4\ The notice of exemption in Docket No. FD 36288 was served 
and published in the Federal Register on August 15, 2019 (84 FR 
41804), and the exemption is scheduled to become effective on August 
30, 2019.
---------------------------------------------------------------------------

    Attached to the verified notice is an executed agreement to 
effectuate Applicants' control of WWRR.

[[Page 43853]]

    The earliest this transaction may be consummated is September 5, 
2019, the effective date of the exemption (30 days after the verified 
notice was filed).
    The verified notice states that: (i) The rail lines operated by the 
OmniTRAX carriers and the HGS carriers, as well as the rail lines to be 
operated by CCR, do not connect with the rail lines to be operated by 
WWRR; (ii) the proposed transaction is not part of a series of 
anticipated transactions that would connect the rail lines that will be 
operated by WWRR with any railroad in the OmniTRAX and HGS corporate 
families, or with any rail line to be operated by CCR; and (iii) 
neither WWRR nor any of the carriers controlled by OmniTRAX or HGS, nor 
CCR, is a Class I rail 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. However, 49 U.S.C. 11326(c) 
does not provide for labor protection for transactions under 49 U.S.C. 
11324 and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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 to stay must be filed no later than August 29, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36338, must be filed with 
the Surface Transportation Board via e-filing or in writing addressed 
to 395 E Street SW, Washington, DC 20423-0001. In addition, a copy of 
each pleading must be served on Applicants' representative, Karl 
Morell, Karl Morell & Associates, 440 1st Street NW, Suite 440, 
Washington, DC 20001.
    According to Applicants, this action is excluded from environmental 
review under 49 CFR 1105.6(c) and from historic preservation reporting 
requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 16, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-18206 Filed 8-21-19; 8:45 am]
 BILLING CODE 4915-01-P
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