OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, Inc.-Control Exemption-Savannah Industrial Transportation, LLC, 28671-28672 [2021-11235]

Download as PDF Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices McDowell, Nicholas, Putnam, Raleigh, Roane, Wyoming. Kentucky: Boyd, Lawrence, Martin, Pike. Ohio: Gallia, Lawrence. Virginia: Buchanan. The Interest Rates are: Percent For Physical Damage: Homeowners with Credit Available Elsewhere ...................... Homeowners without Credit Available Elsewhere .............. Businesses with Credit Available Elsewhere ...................... Businesses without Credit Available Elsewhere .............. Non-Profit Organizations with Credit Available Elsewhere ... Non-Profit Organizations without Credit Available Elsewhere ..................................... For Economic Injury: Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere .............. 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To obtain the web conference link and password please register here: https:// www.eventbrite.com/e/publicdiplomacy-responses-to-chinas- VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 SURFACE TRANSPORTATION BOARD [Docket No. FD 36490] OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, Inc.— Control Exemption—Savannah Industrial Transportation, LLC 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 control Savannah Industrial Transportation, LLC (SIT), a noncarrier currently controlled by OmniTRAX, once SIT is authorized to commence common carrier operations. This notice of exemption is related to a concurrently filed petition for exemption in Savannah Industrial PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 28671 Transportation, LLC—Operation Exemption—in Effingham County, Ga., Docket No. FD 36489. In that proceeding, SIT seeks an exemption under 49 U.S.C. 10502(a) to commence common carrier operations on certain trackage that it leased from the track owner, Savannah Industrial Logistics, LLC, another noncarrier holding of OmniTRAX.1 If that petition is approved, SIT will operate as a common carrier over certain trackage in Rincon, Effingham County, Ga., extending from a connection with Norfolk Southern Railway Company (NSR) near NSR milepost 16.6 to a connection with CSX Transportation, Inc. (CSXT), near CSXT milepost S484.0, a distance of approximately 11,404 feet. Applicants state that they will control SIT upon SIT’s becoming a Class III rail carrier. According to Applicants, OmniTRAX and HGS are under joint managerial and operational control.2 Applicants state that OmniTRAX currently controls 20 Class III railroads and HGS currently controls two Class III railroads.3 The properties of the rail carriers controlled by OmniTRAX and HGS are located in the following states: Alabama, California, Colorado, Florida, Georgia, Illinois, Kansas, Maryland, Nebraska, New Jersey, Ohio, Oklahoma, Texas, Virginia, Washington, and West Virginia. Applicants certify that the proposed transaction does not involve an interchange commitment. Applicants state that: (1) The line over which SIT seeks authority to operate does not connect with the lines of any of the existing rail carriers controlled by OmniTRAX or by HGS, (2) the proposed transaction is not part of a series of anticipated transactions that would connect the line with any other railroads in the OmniTRAX or HGS 1 According to the verified notice, while SIT is currently controlled solely by OmniTRAX, if SIT’s petition to commence common carrier operations in Docket No. FD 36489 is granted, OmniTRAX and HGS seek to control SIT jointly. (Notice 4.) 2 See OmniTRAX Holdings Combined, Inc.— Control Exemption—The Winchester & W. R.R., FD 36338 (STB served Aug. 22, 2019). 3 Specifically, OmniTRAX currently controls: Alabama & Tennessee River Railway, LLC; Brownsville & Rio Grande International Railway, LLC; Central Texas & Colorado River Railway, LLC; Chicago Rail Link, L.L.C.; Cleveland & Cuyahoga Railway, LLC; Fulton County Railway, LLC; Georgia & Florida Railway, LLC; Georgia Woodlands Railroad, L.L.C.; Great Western Railway of Colorado, L.L.C.; Illinois Railway, LLC; Kettle Falls International Railway, LLC; Manufacturers’ Junction Railway, L.L.C.; Nebraska, Kansas & Colorado Railway, LLC; Newburgh & South Shore Railroad, LLC; Northern Ohio & Western Railway, L.L.C.; Panhandle Northern Railroad, L.L.C.; Peru Industrial Railroad, LLC; Sand Springs Railway Company; Stockton Terminal and Eastern Railroad; and Winchester & Western Railroad Company. HGS currently controls HGS–ATN, LLC and HGS–FCR, LLC. E:\FR\FM\27MYN1.SGM 27MYN1 28672 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES corporate families; and (3) the transaction does not involve a Class I rail carrier. Therefore, the proposed transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). The earliest this transaction may be consummated is June 10, 2021, the effective date of the exemption (30 days after the verified notice was filed). The verified notice states that the parties do not intend to consummate the transaction until such time as SIT consummates the transaction that is the subject of its petition for exemption in Docket No. FD 36489. 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. Accordingly, the Board may not impose labor protective conditions here because all the carriers involved are Class III carriers. 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 June 3, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No FD 36490, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on Applicants’ representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. According to Applicants, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: May 24, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2021–11235 Filed 5–26–21; 8:45 am] BILLING CODE 4915–01–P VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [FAA–2021–0481] NextGen Advisory Committee; Notice of Public Meeting Federal Aviation Administration (FAA), Department of Transportation. ACTION: Notice of public meeting. AGENCY: This notice announces a meeting of the NextGen Advisory Committee (NAC). DATES: The meeting will be held virtually only, on June 21, 2021, from 1:00 p.m.–5:00 p.m. EDT. Requests to attend the meeting virtually and request for accommodations for a disability must be received by June 7, 2021. If you wish to make a public statement during the meeting, you must submit a written copy of your remarks by June 7, 2021. Requests to submit written materials, to be reviewed by NAC Members before the meeting, must be received no later than June 7, 2021. ADDRESSES: The meeting will be a virtual meeting only. Virtual meeting information will be provided upon registration. Information on the NAC, including copies of previous meeting minutes, is available on the NAC internet website at https://www.faa.gov/ about/office_org/headquarters_offices/ ang/nac/. Members of the public interested in attending must send the required information listed in the SUPPLEMENTAL INFORMATION to 9-AWAANG-NACRegistration@faa.gov. FOR FURTHER INFORMATION CONTACT: Greg Schwab, NAC Coordinator, U.S. Department of Transportation, at gregory.schwab@faa.gov or 202–267– 1201. Any requests or questions not regarding attendance registration should be sent to the person listed in this section. SUMMARY: SUPPLEMENTARY INFORMATION: I. Background The Secretary of Transportation established the NAC under agency authority in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, Public Law 92–463, 5 U.S.C. App. 2, to provide independent advice and recommendations to the FAA, and to respond to specific taskings received directly from the FAA. The NAC recommends consensus-driven advice for FAA consideration relating to Air Traffic Management System modernization. PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 II. Agenda At the meeting, the agenda will cover the following topics: • NAC Chairman’s Report • FAA Report • NAC Subcommittee Chairman’s Report Æ Risk and Mitigations update for the following focus areas: Multiple Runway Operations, Data Communications, Performance Based Navigation, Surface and Data Sharing, and Northeast Corridor • NAC Chairman Closing Comments The detailed agenda will be posted on the NAC internet website at least one week in advance of the meeting. III. Public Participation This virtual meeting will be open to the public on a first-come, first served basis. Members of the public who wish to attend are asked to register via email by submitting their full legal name, country of citizenship, contact information (telephone number and email address), and name of your industry association, or applicable affiliation. Please email this information to the email address listed in the ADDRESSES section. When registration is confirmed, registrants will be provided the virtual meeting information/ teleconference call-in number and passcode. Callers are responsible for paying associated long-distance charges (if any). Note: Only NAC Members, members of the public who have registered to make a public statement, and briefers will have the ability to speak. All other attendees will be able to listen only. The U.S. Department of Transportation is committed to providing equal access to this meeting for all participants. If you need alternative formats or services because of a disability, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Five minutes will be allotted for oral comments from members of the public joining the meeting. This time may be extended if there is a significant number of members of the public wishing to provide an oral comment. To accommodate as many speakers as possible, the time for each commenter may be limited. Individuals wishing to reserve speaking time during the meeting must submit a request at the time of registration, as well as the name, address, and organizational affiliation of the proposed speaker. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, FAA may conduct a lottery to E:\FR\FM\27MYN1.SGM 27MYN1

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[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28671-28672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11235]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36490]


OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, 
Inc.--Control Exemption--Savannah Industrial Transportation, LLC

    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 
control Savannah Industrial Transportation, LLC (SIT), a noncarrier 
currently controlled by OmniTRAX, once SIT is authorized to commence 
common carrier operations.
    This notice of exemption is related to a concurrently filed 
petition for exemption in Savannah Industrial Transportation, LLC--
Operation Exemption--in Effingham County, Ga., Docket No. FD 36489. In 
that proceeding, SIT seeks an exemption under 49 U.S.C. 10502(a) to 
commence common carrier operations on certain trackage that it leased 
from the track owner, Savannah Industrial Logistics, LLC, another 
noncarrier holding of OmniTRAX.\1\ If that petition is approved, SIT 
will operate as a common carrier over certain trackage in Rincon, 
Effingham County, Ga., extending from a connection with Norfolk 
Southern Railway Company (NSR) near NSR milepost 16.6 to a connection 
with CSX Transportation, Inc. (CSXT), near CSXT milepost S484.0, a 
distance of approximately 11,404 feet.
---------------------------------------------------------------------------

    \1\ According to the verified notice, while SIT is currently 
controlled solely by OmniTRAX, if SIT's petition to commence common 
carrier operations in Docket No. FD 36489 is granted, OmniTRAX and 
HGS seek to control SIT jointly. (Notice 4.)
---------------------------------------------------------------------------

    Applicants state that they will control SIT upon SIT's becoming a 
Class III rail carrier. According to Applicants, OmniTRAX and HGS are 
under joint managerial and operational control.\2\ Applicants state 
that OmniTRAX currently controls 20 Class III railroads and HGS 
currently controls two Class III railroads.\3\ The properties of the 
rail carriers controlled by OmniTRAX and HGS are located in the 
following states: Alabama, California, Colorado, Florida, Georgia, 
Illinois, Kansas, Maryland, Nebraska, New Jersey, Ohio, Oklahoma, 
Texas, Virginia, Washington, and West Virginia. Applicants certify that 
the proposed transaction does not involve an interchange commitment.
---------------------------------------------------------------------------

    \2\ See OmniTRAX Holdings Combined, Inc.--Control Exemption--The 
Winchester & W. R.R., FD 36338 (STB served Aug. 22, 2019).
    \3\ Specifically, OmniTRAX currently controls: Alabama & 
Tennessee River Railway, LLC; Brownsville & Rio Grande International 
Railway, LLC; Central Texas & Colorado River Railway, LLC; Chicago 
Rail Link, L.L.C.; Cleveland & Cuyahoga Railway, LLC; Fulton County 
Railway, LLC; Georgia & Florida Railway, LLC; Georgia Woodlands 
Railroad, L.L.C.; Great Western Railway of Colorado, L.L.C.; 
Illinois Railway, LLC; Kettle Falls International Railway, LLC; 
Manufacturers' Junction Railway, L.L.C.; Nebraska, Kansas & Colorado 
Railway, LLC; Newburgh & South Shore Railroad, LLC; Northern Ohio & 
Western Railway, L.L.C.; Panhandle Northern Railroad, L.L.C.; Peru 
Industrial Railroad, LLC; Sand Springs Railway Company; Stockton 
Terminal and Eastern Railroad; and Winchester & Western Railroad 
Company. HGS currently controls HGS-ATN, LLC and HGS-FCR, LLC.
---------------------------------------------------------------------------

    Applicants state that: (1) The line over which SIT seeks authority 
to operate does not connect with the lines of any of the existing rail 
carriers controlled by OmniTRAX or by HGS, (2) the proposed transaction 
is not part of a series of anticipated transactions that would connect 
the line with any other railroads in the OmniTRAX or HGS

[[Page 28672]]

corporate families; and (3) the transaction does not involve a Class I 
rail carrier. Therefore, the proposed transaction is exempt from the 
prior approval requirements of 49 U.S.C. 11323. See 49 CFR 
1180.2(d)(2).
    The earliest this transaction may be consummated is June 10, 2021, 
the effective date of the exemption (30 days after the verified notice 
was filed). The verified notice states that the parties do not intend 
to consummate the transaction until such time as SIT consummates the 
transaction that is the subject of its petition for exemption in Docket 
No. FD 36489.
    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. Accordingly, 
the Board may not impose labor protective conditions here because all 
the carriers involved are Class III carriers.
    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 June 3, 2021 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No FD 36490, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on 
Applicants' representative, Robert A. Wimbish, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    According to Applicants, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: May 24, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-11235 Filed 5-26-21; 8:45 am]
BILLING CODE 4915-01-P