Gulf & Atlantic Railways, LLC-Intra-Corporate Family Transaction Exemption-Chesapeake and Indiana Railroad Company, LLC and Northern Indiana Railroad Company, LLC, 15253-15254 [2024-04340]

Download as PDF Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices DEPARTMENT OF STATE [Public Notice: 12349] ddrumheller on DSK120RN23PROD with NOTICES1 Defense Trade Advisory Group; Notice of Membership The U.S. Department of State’s Bureau of Political-Military Affairs ‘‘the Bureau’’ is accepting membership applications for the Defense Trade Advisory Group (DTAG). The Bureau is interested in applications from subject matter experts from the United States defense industry, relevant trade and labor associations, and academic and foundation personnel. The DTAG was established as an advisory committee under the authority of 22 U.S.C. 2656 and the Federal Advisory Committee Act, 5 U.S.C. 1001 et seq. (‘‘FACA’’). The purpose of the DTAG is to provide the Bureau of Political-Military Affairs with a formal channel for regular consultation and coordination with U.S. private sector defense exporters and defense trade specialists on issues involving U.S. laws, policies, and regulations for exports of defense articles, including technical data, and defense services. The DTAG advises the Bureau on its support for and regulation of defense trade to help ensure that impediments to legitimate exports are reduced while the foreign policy and national security interests of the United States continue to be protected and advanced in accordance with the Arms Export Control Act (AECA), as amended. Major topics addressed by the DTAG include (a) policy issues on defense trade and technology transfer; (b) regulatory and licensing procedures applicable to defense articles, including technical data, and defense services; (c) technical issues involving the U.S. Munitions List (USML); and (d) questions related to the implementation of the AECA and International Traffic in Arms Regulations (ITAR). Members are appointed by the Assistant Secretary of State for PoliticalMilitary Affairs on the basis of individual qualifications and technical expertise. Past members include representatives of the U.S. defense industry, relevant trade and labor associations, and academic and foundation personnel. In accordance with the DTAG Charter, all DTAG members must be U.S. citizens. DTAG members are expected to serve a consecutive two-year term, which may be renewed or terminated at the discretion of the Assistant Secretary of State for Political-Military Affairs. DTAG members are expected to represent the views of their organizations, while also demonstrating VerDate Sep<11>2014 21:28 Feb 29, 2024 Jkt 262001 an appreciation for the Department’s mission to ensure that commercial exports of defense articles and defense services advance U.S. national security and foreign policy objectives. DTAG members are expected to understand complex issues related to defense trade and industrial competitiveness and are expected to advise the Bureau on these matters. DTAG members’ responsibilities include: • Making recommendations in accordance with the DTAG Charter and the FACA. • Making policy and technical recommendations within the scope of the U.S. export control regime as set forth in the AECA, the ITAR, and appropriate directives. Please note that DTAG members may not be reimbursed for travel, per diem, and other expenses incurred in connection with their duties as DTAG members. How to apply: Applications in response to this notice must contain the following information: (1) Name of applicant; (2) affirmation of U.S. citizenship; (3) organizational affiliation and title, as appropriate; (4) mailing address; (5) work telephone number; (6) email address; (7) resume; and (8) summary of qualifications for DTAG membership. This information may be provided via two methods: • Emailed to the following address: DTAG@State.Gov. In the subject field, please write, ‘‘DTAG Membership Application.’’ • Send hardcopy to the following address: Paula Harrison, PM/DDTC, SA–1, 12th Floor, Directorate of Defense Trade Controls, Bureau of PoliticalMilitary Affairs, U.S. Department of State, Washington, DC 20522–0112. If sent via regular mail, we recommend you call Ms. Harrison (202–663–3310) to confirm she has received your package. All applications must be postmarked by March 26, 2024. Paula C. Harrison, Designated Federal Officer, Defense Trade Advisory Group, U.S. Department of State. [FR Doc. 2024–04309 Filed 2–29–24; 8:45 am] BILLING CODE 4710–25–P PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 15253 SURFACE TRANSPORTATION BOARD [Docket No. FD 36760] Gulf & Atlantic Railways, LLC—IntraCorporate Family Transaction Exemption—Chesapeake and Indiana Railroad Company, LLC and Northern Indiana Railroad Company, LLC Gulf & Atlantic Railways, LLC (G&A), has filed a verified notice of exemption for an intra-corporate family transaction under 49 CFR 1180.2(d)(3), for the benefit of Chesapeake and Indiana Railroad Company, LLC (CKIN), and Northern Indiana Railroad Company, LLC (NIRC), both Class III railroads. G&A seeks authority for an intracorporate family transaction pursuant to which CKIN and NIRC will merge, with CKIN the surviving carrier. CKIN and NIRC are controlled directly by G&A and indirectly by Macquarie Infrastructure Partners V GP, LLC, a Macquarie Infrastructure Partners V fund vehicle, and MIP V Rail, LLC.1 According to the verified notice, NIRC owns 32.97 miles of rail line in Indiana but has never conducted freight rail operations on the line, has no rail employees, and does not own or lease any rolling stock. The verified notice states that CKIN currently leases and operates 27.52 miles of NIRC’s rail line.2 Following the merger, the lease agreement will terminate, and NIRC’s separate corporate existence will cease. G&A states that the proposed merger of CKIN and NIRC will consolidate ownership and operation of the NIRC line in a single entity, simplify G&A’s corporate structure, promote efficient management, and eliminate the need to maintain the current lease arrangement between NIRC and CKIN. According to the verified notice, CKIN will continue to operate the NIRC line in the same manner it does today. G&A states that the plan of merger that will govern the proposed transaction does not include any provision that would limit the future interchange of traffic with any thirdparty connecting carrier, nor is NIRC’s 1 G&A is an affiliate of Macquarie Infrastructure Partners V GP, LLC. See Macquarie Infra. Partners V GP, LLC—Control Exemption—Camp Chase Rail, LLC, FD 36685 (STB served Apr. 7, 2023); Macquarie Infra. Partners V GP, LLC—Control Exemption—N. Ind. R.R., FD 36729 (STB served Dec. 22, 2023). 2 The verified notice states that CKIN discontinued service over the remaining 5.45-mile segment of NIRC’s line in 2017. See Chesapeake & Ind. R.R.—Discontinuance of Service Exemption— in Starke Cnty., Ind., AB 1259X (STB served Nov. 28, 2017). E:\FR\FM\01MRN1.SGM 01MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 15254 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices line subject to any existing agreement that imposes such a restriction.3 The verified notice states that following the proposed transaction, CKIN will continue to operate the 27.52mile NIRC line in the same manner as it does today and that the transaction will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3). Unless stayed, the exemption will be effective on March 21, 2024 (30 days after the verified notice was filed). The verified notice states that G&A, CKIN, and NIRC intend to consummate the proposed transaction as soon as practicable after the effective date of the exemption. 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 rail 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 for stay must be filed no later than March 14, 2024 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36760, must be filed with the Surface Transportation Board via efiling on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, one copy of each pleading must be served on G&A’s representative, Terrance M. Hynes, Sidley Austin LLP, 1501 K Street NW, Washington, DC 20005. According to G&A, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and historic reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: February 26, 2024. 3 G&A filed with its verified notice an unexecuted copy of the agreement and plan of merger. VerDate Sep<11>2014 21:28 Feb 29, 2024 Jkt 262001 By the Board, Mai T. Dinh, Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2024–04340 Filed 2–29–24; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Noise Exposure Maps; Martha’s Vineyard Airport Notice of acceptance of a noise exposure map. ACTION: The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by Martha’s Vineyard Airport Commission for Martha’s Vineyard Airport under the provisions of the Aviation Safety and Noise Abatement Act are in compliance with applicable requirements. DATES: The FAA’s determination on the noise exposure maps is effective February 26, 2024. FOR FURTHER INFORMATION CONTACT: Cheryl Quaine, Federal Aviation Administration, New England Regional Office Environmental Protection Specialist, Airports Division, Federal Aviation Administration, 1200 District Avenue, Burlington, Massachusetts 01803. Phone number: 781–238–7613. SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds that the noise exposure maps submitted for Martha’s Vineyard Airport are in compliance with applicable requirements of 14 CFR part 150, effective (Note 1). Under the Aviation Safety and Noise Abatement Act (hereinafter referred to as ‘‘the Act’’) (49 U.S.C. 47503), an airport operator may submit to the FAA noise exposure maps which meet applicable regulations and which depict non-compatible land uses as of the date of submission of such maps, a description of projected aircraft operations, and the ways in which such operations will affect such maps. The Act requires such maps to be developed in consultation with interested and affected parties in the local community, government agencies, and persons using the airport. An airport operator who has submitted noise exposure maps that are found by FAA to be in compliance with the requirements of Federal Aviation Regulations (FAR) part 150, promulgated pursuant to the Act, may submit a noise compatibility program for FAA approval which sets forth the measures the operator has taken or proposes to take to reduce existing nonSUMMARY: PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 compatible uses and prevent the introduction of additional noncompatible uses. The FAA has completed its review of the noise exposure maps and accompanying documentation submitted by Martha’s Vineyard Airport Commission. The specific maps under consideration were ‘‘Figure 6–1 Existing Conditions (2023) NEM page 6–3 and Figure 6–2 Forecast Conditions (2028) NEM page 6–5 in the submission. The FAA has determined that these noise exposure maps and accompanying documentation are in compliance with applicable requirements. This determination is effective on February 26, 2024. FAA’s determination on an airport operator’s noise exposure maps is limited to a finding that the maps were developed in accordance with the procedures contained in appendix A of FAR part 150. Such determination does not constitute approval of the applicant’s data, information or plans, or a commitment to approve a noise compatibility program or to fund the implementation of that program. If questions arise concerning the precise relationship of specific properties to noise exposure contours depicted on a noise exposure map submitted under section 47503 of the Act, it should be noted that the FAA is not involved in any way in determining the relative locations of specific properties with regard to the depicted noise contours, or in interpreting the noise exposure maps to resolve questions concerning, for example, which properties should be covered by the provisions of section 47506 of the Act. These functions are inseparable from the ultimate land use control and planning responsibilities of local government. These local responsibilities are not changed in any way under part 150 or through FAA’s review of noise exposure maps. Therefore, the responsibility for the detailed overlaying of noise exposure contours onto the map depicting properties on the surface rests exclusively with the airport operator that submitted those maps, or with those public agencies and planning agencies with which consultation is required under section 47503 of the Act. The FAA has relied on the certification by the airport operator, under section 150.21 of FAR part 150, that the statutorily required consultation has been accomplished. Copies of the full noise exposure map documentation and of the FAA’s evaluation of the maps are available for examination at the following locations: E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

Surface Transportation Board

[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Notices]
[Pages 15253-15254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04340]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36760]


Gulf & Atlantic Railways, LLC--Intra-Corporate Family Transaction 
Exemption--Chesapeake and Indiana Railroad Company, LLC and Northern 
Indiana Railroad Company, LLC

    Gulf & Atlantic Railways, LLC (G&A), has filed a verified notice of 
exemption for an intra-corporate family transaction under 49 CFR 
1180.2(d)(3), for the benefit of Chesapeake and Indiana Railroad 
Company, LLC (CKIN), and Northern Indiana Railroad Company, LLC (NIRC), 
both Class III railroads. G&A seeks authority for an intra-corporate 
family transaction pursuant to which CKIN and NIRC will merge, with 
CKIN the surviving carrier. CKIN and NIRC are controlled directly by 
G&A and indirectly by Macquarie Infrastructure Partners V GP, LLC, a 
Macquarie Infrastructure Partners V fund vehicle, and MIP V Rail, 
LLC.\1\
---------------------------------------------------------------------------

    \1\ G&A is an affiliate of Macquarie Infrastructure Partners V 
GP, LLC. See Macquarie Infra. Partners V GP, LLC--Control 
Exemption--Camp Chase Rail, LLC, FD 36685 (STB served Apr. 7, 2023); 
Macquarie Infra. Partners V GP, LLC--Control Exemption--N. Ind. 
R.R., FD 36729 (STB served Dec. 22, 2023).
---------------------------------------------------------------------------

    According to the verified notice, NIRC owns 32.97 miles of rail 
line in Indiana but has never conducted freight rail operations on the 
line, has no rail employees, and does not own or lease any rolling 
stock. The verified notice states that CKIN currently leases and 
operates 27.52 miles of NIRC's rail line.\2\ Following the merger, the 
lease agreement will terminate, and NIRC's separate corporate existence 
will cease. G&A states that the proposed merger of CKIN and NIRC will 
consolidate ownership and operation of the NIRC line in a single 
entity, simplify G&A's corporate structure, promote efficient 
management, and eliminate the need to maintain the current lease 
arrangement between NIRC and CKIN. According to the verified notice, 
CKIN will continue to operate the NIRC line in the same manner it does 
today.
---------------------------------------------------------------------------

    \2\ The verified notice states that CKIN discontinued service 
over the remaining 5.45-mile segment of NIRC's line in 2017. See 
Chesapeake & Ind. R.R.--Discontinuance of Service Exemption--in 
Starke Cnty., Ind., AB 1259X (STB served Nov. 28, 2017).
---------------------------------------------------------------------------

    G&A states that the plan of merger that will govern the proposed 
transaction does not include any provision that would limit the future 
interchange of traffic with any third-party connecting carrier, nor is 
NIRC's

[[Page 15254]]

line subject to any existing agreement that imposes such a 
restriction.\3\
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    \3\ G&A filed with its verified notice an unexecuted copy of the 
agreement and plan of merger.
---------------------------------------------------------------------------

    The verified notice states that following the proposed transaction, 
CKIN will continue to operate the 27.52-mile NIRC line in the same 
manner as it does today and that the transaction will not result in 
adverse changes in service levels, significant operational changes, or 
a change in the competitive balance with carriers outside the corporate 
family. Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3).
    Unless stayed, the exemption will be effective on March 21, 2024 
(30 days after the verified notice was filed). The verified notice 
states that G&A, CKIN, and NIRC intend to consummate the proposed 
transaction as soon as practicable after the effective date of the 
exemption.
    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 rail 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 for stay must be filed no later than March 14, 
2024 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36760, 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, one copy of each pleading must be served on G&A's 
representative, Terrance M. Hynes, Sidley Austin LLP, 1501 K Street NW, 
Washington, DC 20005.
    According to G&A, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and historic reporting 
under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: February 26, 2024.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2024-04340 Filed 2-29-24; 8:45 am]
BILLING CODE 4915-01-P

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