Petition for Exemption; Summary of Petition Received; Hylio Inc., 71072-71073 [2023-22636]

Download as PDF 71072 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 Effingham County, Georgia.1 The Track extends 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. Omni-HGS states that it will control SIL upon SIL’s becoming a Class III rail carrier. According to Omni-HGS, OmniTRAX and HGS are under joint managerial and operational control.2 Omni-HGS states that OmniTRAX currently controls 22 Class III railroads, HGS currently controls two Class III railroads, and OmniTRAX and HGS control one Class III railroad together.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. Omni-HGS certifies that the proposed transaction does not involve an interchange commitment. Omni-HGS states that: (1) the line over which SIL 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 corporate families; and (3) the transaction does not involve a Class I rail carrier. Therefore, the proposed 1 According to the verified notice, SIL is currently controlled by OmniTRAX. (Notice 2.) Should SIL’s petition for after-the-fact construction authority be granted in Docket No. FD 36723, OmniTRAX and HGS seek to control SIL jointly. (Id. at 5.) 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 and Colorado Railway, LLC; Newburgh & South Shore Railroad, LLC; Northern Ohio & Western Railway, L.L.C.; Omni River Ridge, LLC d/b/a River Ridge Railroad; Panhandle Northern Railroad, L.L.C.; Peru Industrial Railroad, LLC; Sand Springs Railway Company, Stockton Terminal and Eastern Railroad; Winchester and Western Railroad Company; and Savannah Industrial Transportation, LLC. HGS currently controls HGS–ATN, LLC, and HGS–FCR, LLC. Further, according to Omni-HGS, it recently filed for control of OmniTRAX SBVR, LLC d/b/a South Branch Valley Railroad, noting that its control authority becomes effective on October 11, 2023. See OmniTRAX Holdings Combined, Inc.— Continuance in Control Exemption—OmniTRAX SBVR, LLC, FD 36716 (STB served Sept. 27, 2023). VerDate Sep<11>2014 16:55 Oct 12, 2023 Jkt 262001 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 October 28, 2023, 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 SIL consummates the transaction that is the subject of its petition for exemption in Docket No. FD 36723. 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 October 20, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36723 (Sub–No. 2), must be filed with the Surface Transportation Board via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Omni-HGS’ representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606–3208. According to Omni-HGS, 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: October 10, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2023–22683 Filed 10–12–23; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No.: FAA–2023–1833; Summary Notice No.–2023–36] Petition for Exemption; Summary of Petition Received; Hylio Inc. Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition. SUMMARY: Comments on this petition must identify the petition docket number and must be received on or before November 2, 2023. ADDRESSES: Send comments identified by docket number FAA–2023–1833 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590– 0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at (202) 493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at https://www.regulations.gov at any time. Follow the online instructions for DATES: E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices TxDOT. The actions relate to various proposed highway projects in the State of Texas. These actions grant licenses, permits, and approvals for the projects. DATES: By this notice, TxDOT is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of TxDOT and Federal agency actions on the highway projects will be barred unless the claim is filed on or before the deadline. For the projects listed below, the deadline is March 11, 2024. If the Federal law that authorizes judicial review of a claim provides a time period Issued in Washington, DC, on October 6, of less than 150 days for filing such a 2023. claim, then that shorter time period still Brandon Roberts, applies. Executive Director, Office of Rulemaking. FOR FURTHER INFORMATION CONTACT: Petition for Exemption Patrick Lee, Environmental Affairs Division, Texas Department of Docket No.: FAA–2023–1833. Petitioner: Hylio Inc. Transportation, 125 East 11th Street, Section(s) of 14 CFR Affected: Austin, Texas 78701; telephone: (512) §§ 61.3(a)(1)(i), 91.7(a), 91.119(c), 416–2358; email: Patrick.Lee@txdot.gov. 91.121, 91.151(b), 91.403(b), 91.405(a), TxDOT’s normal business hours are 8 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), a.m.–5 p.m. (central time), Monday 91.417(a), 91.417(b), 137.19(c), through Friday. 137.19(d), 137.19(e)(2)(ii), SUPPLEMENTARY INFORMATION: The 137.19(e)(2)(iii), 137.19(e)(2)(v), 137.31, environmental review, consultation, and 137.33, 137.41(c), and 137.42. other actions required by applicable Description of Relief Sought: Hylio Federal environmental laws for these Inc., seeks an exemption from 14 CFR to projects are being, or have been, carried operate multiple unmanned aircraft out by TxDOT pursuant to 23 U.S.C. 327 systems (UAS) under one operator, and a Memorandum of Understanding weighing over 55 pounds (lbs.), closer dated December 9, 2019, and executed than 500 feet of vehicles, vessels, and by FHWA and TxDOT. structures, during night, and without a Notice is hereby given that TxDOT visual observer (VO), within visual line and Federal agencies have taken final of site (VLOS) of the pilot in command agency actions by issuing licenses, (PIC), for agricultural aircraft operations. permits, and approvals for the highway [FR Doc. 2023–22636 Filed 10–12–23; 8:45 am] projects in the State of Texas that are listed below. BILLING CODE 4910–13–P The actions by TxDOT and Federal agencies and the laws under which such DEPARTMENT OF TRANSPORTATION actions were taken are described in the Categorical Exclusion (CE), Federal Highway Administration Environmental Assessment (EA), or Environmental Impact Statement (EIS) Notice of Final Federal Agency Actions issued in connection with the projects on Proposed Highway Projects in and in other key project documents. The Texas CE, EA, or EIS and other key documents for the listed projects are available by AGENCY: Texas Department of contacting the local TxDOT office at the Transportation (TxDOT), Federal address or telephone number provided Highway Administration (FHWA), U.S. for each project below. Department of Transportation. This notice applies to all TxDOT and ACTION: Notice of limitation on claims for judicial review of actions by TxDOT Federal agency decisions as of the issuance date of this notice and all laws and Federal agencies. under which such actions were taken, SUMMARY: This notice announces actions including but not limited to: taken by TxDOT and Federal agencies 1. General: National Environmental that are final. The environmental Policy Act (NEPA) [42 U.S.C. 4321– review, consultation, and other actions 4351]; Federal-Aid Highway Act [23 required by applicable Federal U.S.C. 109]. environmental laws for these projects 2. Air: Clean Air Act [42 U.S.C. 7401– are being, or have been, carried out by 7671(q)]. 3. Land: Section 4(f) of the TxDOT pursuant to an assignment Department of Transportation Act of agreement executed by FHWA and lotter on DSK11XQN23PROD with NOTICES1 accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Jake Troutman, 202–683–7788, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. VerDate Sep<11>2014 16:55 Oct 12, 2023 Jkt 262001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 71073 1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and Wildlife Coordination Act [16 U.S.C. 661– 667(d)], Migratory Bird Treaty Act [16 U.S.C. 703–712]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [54 U.S.C. 300101 et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act [54 U.S.C. 312501 et seq.]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251–1377] (Section 404, Section 401, Section 319); Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601–4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)–300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; Wild and Scenic Rivers Act [16 U.S.C. 1271– 1287]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; TEA–21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001–4128]. 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction.) The projects subject to this notice are: 1. Loop 9, Segment A from US 67 to IH 35E in Dallas and Ellis Counties, Texas. The project will construct a sixlane new location frontage road system between US 67 and IH 35E. The frontage roads will consist of three 12-foot lanes, an 8-foot inside shoulder, and an 8-foot outside shoulder. The project right-ofway will include a median that will accommodate the future construction of E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 71072-71073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22636]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2023-1833; Summary Notice No.-2023-36]


Petition for Exemption; Summary of Petition Received; Hylio Inc.

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice contains a summary of a petition seeking relief 
from specified requirements of Federal Aviation Regulations. The 
purpose of this notice is to improve the public's awareness of, and 
participation in, the FAA's exemption process. Neither publication of 
this notice nor the inclusion nor omission of information in the 
summary is intended to affect the legal status of the petition or its 
final disposition.

DATES: Comments on this petition must identify the petition docket 
number and must be received on or before November 2, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-1833 
using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, 
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at (202) 493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to https://www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
https://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov at any time. Follow the online instructions 
for

[[Page 71073]]

accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman, 202-683-7788, Office of 
Rulemaking, Federal Aviation Administration, 800 Independence Avenue 
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 6, 2023.
Brandon Roberts,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2023-1833.
    Petitioner: Hylio Inc.
    Section(s) of 14 CFR Affected: Sec. Sec.  61.3(a)(1)(i), 91.7(a), 
91.119(c), 91.121, 91.151(b), 91.403(b), 91.405(a), 91.407(a)(1), 
91.409(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 137.19(c), 137.19(d), 
137.19(e)(2)(ii), 137.19(e)(2)(iii), 137.19(e)(2)(v), 137.31, 137.33, 
137.41(c), and 137.42.
    Description of Relief Sought: Hylio Inc., seeks an exemption from 
14 CFR to operate multiple unmanned aircraft systems (UAS) under one 
operator, weighing over 55 pounds (lbs.), closer than 500 feet of 
vehicles, vessels, and structures, during night, and without a visual 
observer (VO), within visual line of site (VLOS) of the pilot in 
command (PIC), for agricultural aircraft operations.

[FR Doc. 2023-22636 Filed 10-12-23; 8:45 am]
BILLING CODE 4910-13-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.