OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, Inc.-Continuance in Control Exemption-Savannah Industrial Logistics, LLC, 71071-71072 [2023-22683]

Download as PDF Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices Under the PRA, a federal agency that conducts or sponsors a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Section 3507(b) of the PRA requires, concurrent with an agency’s submitting a collection to OMB for approval, a 30-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. Dated: October 6, 2023. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2023–22564 Filed 10–12–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD 30-Day Notice of Intent To Seek Extension of Approval of Collection: System Diagram Maps Surface Transportation Board. Notice and request for comments. AGENCY: ACTION: As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of system diagram maps, described below. DATES: Comments on this information collection should be submitted by November 13, 2023. ADDRESSES: Written comments should be identified as ‘‘Paperwork Reduction Act Comments, Surface Transportation Board, System Diagram Maps.’’ Written comments for the proposed information collection should be submitted via www.reginfo.gov/public/do/PRAMain. This information collection can be accessed by selecting ‘‘Currently under Review—Open for Public Comments’’ or by using the search function. As an alternative, written comments may be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Michael J. McManus, Surface Transportation Board Desk Officer: via email at oira_ submission@omb.eop.gov; by fax at (202) 395–1743; or by mail to Room 10235, 725 17th Street NW, Washington, DC 20503. Please also direct all comments to Chris Oehrle, PRA Officer, Surface lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:55 Oct 12, 2023 Jkt 262001 Transportation Board, 395 E Street, SW, Washington, DC 20423–0001, or to PRA@stb.gov. When submitting comments, please refer to ‘‘Paperwork Reduction Act Comments, System Diagram Maps.’’ For further information regarding this collection, contact Pedro Ramirez at (202) 245–0333 or pedro.ramirez@stb.gov. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: The Board previously published a notice about this collection in the Federal Register (88 FR 16514 (March 17, 2023)). That notice allowed for a 60-day public review and comment period. No comments were received. Comments are requested concerning each collection as to (1) whether the particular collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility; (2) the accuracy of the Board’s burden estimates; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate. Submitted comments will be included and summarized in the Board’s request for OMB approval. Description of Collection Title: System Diagram Maps (or, in the case of Class III carriers, the alternative narrative description of rail system). OMB Control Number: 2140–0003. Form Number: None. Type of Review: Extension without change. Respondents: Common carrier freight railroads that are either new or reporting changes in the status of one or more of their rail lines. Number of Respondents: 1. Estimated Time per Response: 5 hours. Frequency of Response: On occasion. Total Annual Burden Hours: 5 hours. Total ‘‘Non-hour Burden’’ Cost: No ‘‘non-hour cost’’ burdens associated with this collection have been identified. The information may be submitted electronically. Needs and Uses: Under 49 CFR 1152.10–1152.13, railroads subject to the Board’s jurisdiction must keep current system diagram maps on file, or alternatively, in the case of a Class III carrier, must submit the same information in narrative form. The information sought in this collection identifies all lines in a particular PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 71071 railroad’s system, categorized to indicate the likelihood that service on a particular line will be abandoned and/ or whether service on a line is currently provided under the financial assistance provisions of 49 U.S.C. 10904. Carriers are obligated to amend these maps as the need to change the category of any particular line arises. Under the PRA, a federal agency that conducts or sponsors a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Section 3507(b) of the PRA requires, concurrent with an agency’s submitting a collection to OMB for approval, a 30-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. Dated: October 6, 2023. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2023–22559 Filed 10–12–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36723 (Sub–No. 2)] OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, Inc.— Continuance in Control Exemption— Savannah Industrial Logistics, LLC OmniTRAX Holdings Combined, Inc. (OmniTRAX), and HGS Railway Holdings, Inc. (HGS) (collectively, Omni-HGS), both noncarriers, have filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Savannah Industrial Logistics, LLC (SIL), a noncarrier currently controlled by OmniTRAX, once SIL 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—Construction Exemption—in Effingham County, Ga., Docket No. FD 36723. In that proceeding, SIL seeks an after-the-fact exemption under 49 U.S.C. 10502(a), from the prior approval requirements of 49 U.S.C. 10901(a), for the construction of a rail line (the Track) located in an industrial park sited near Rincon, in E:\FR\FM\13OCN1.SGM 13OCN1 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

Agencies

[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 71071-71072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22683]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36723 (Sub-No. 2)]


OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, 
Inc.--Continuance in Control Exemption--Savannah Industrial Logistics, 
LLC

    OmniTRAX Holdings Combined, Inc. (OmniTRAX), and HGS Railway 
Holdings, Inc. (HGS) (collectively, Omni-HGS), both noncarriers, have 
filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to 
continue in control of Savannah Industrial Logistics, LLC (SIL), a 
noncarrier currently controlled by OmniTRAX, once SIL 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--
Construction Exemption--in Effingham County, Ga., Docket No. FD 36723. 
In that proceeding, SIL seeks an after-the-fact exemption under 49 
U.S.C. 10502(a), from the prior approval requirements of 49 U.S.C. 
10901(a), for the construction of a rail line (the Track) located in an 
industrial park sited near Rincon, in

[[Page 71072]]

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.
---------------------------------------------------------------------------

    \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.)
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 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
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