Savage Companies-Continuance in Control Exemption-Savage, Bingham & Garfield Railroad Company and Savage Tooele Railroad Company, 24078-24079 [2024-07294]

Download as PDF 24078 Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices Authority No. 523 of December 22, 2021. Nicole L. Elkon, Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2024–07251 Filed 4–4–24; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice: 12364] 60-Day Notice of Proposed Information Collection: Border Crossing Survey— U.S. Embassy Jerusalem Reporting Form Notice of request for public comment. ACTION: The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB. DATES: The Department will accept comments from the public up to June 4, 2024. ADDRESSES: You may submit comments by any of the following methods: • Web: Persons with access to the internet may comment on this notice by going to www.Regulations.gov. You can search for the document by entering ‘‘Docket Number: DOS–2024–0010’’ in the Search field. Then click the ‘‘Comment Now’’ button and complete the comment form. • Email: OCS-Logistics@state.gov. • Regular Mail: Send written comments to U.S. Department of State, CA/OCS, SA–17, 10th Floor, Washington, DC 20522–1710. You must include the DS form number (if applicable), information collection title, and the OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Thales Dus at CA-OCS-Logistics@ state.gov or 202–485–6020. SUPPLEMENTARY INFORMATION: • Title of Information Collection: U.S. Embassy Jerusalem Incident Reporting Form. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:44 Apr 04, 2024 Jkt 262001 • OMB Control Number: 1405–0260. • Type of Request: Extension of a Currently Approved Collection. • Originating Office: CA/OCS. • Form Number: None. • Respondents: U.S. Citizens. • Estimated Number of Respondents: 3293. • Estimated Number of Responses: 3,293. • Average Time per Response: 20 minutes per response. • Total Estimated Burden Time: 1,098 hours. • Frequency: On occasion. • Obligation to Respond: Voluntary. We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper functions of the Department. • Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review. Abstract of Proposed Collection The Government of Israel (GOI) and the United States signed a Memorandum of Understanding (MOU) on Extension of Reciprocal Privileges and the Visa Waiver Program (VWP) in July 2023. This collection is used to monitor the GOI’s commitment to provide non-discriminatory treatment of all U.S. citizens travelling through Israeli controlled ports of entry and checkpoints in Israel, the West Bank, and Gaza and to be able to fully assess whether Israel is meeting the VWP reciprocity requirement as laid out in the MOU. This online survey is to allow U.S. citizens to easily and voluntarily report their experiences seeking entry into Israel, including instances of discrimination, to the U.S. Embassy in Jerusalem. U.S. citizens complete the form electronically, allowing for immediate and automatic data collection of form responses. PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 Methodology This information will be collected via Microsoft survey. Angela M. Kerwin, Deputy Assistant Secretary, Bureau of Consular Affairs/Office of Overseas Citizen Services, Department of State. [FR Doc. 2024–07232 Filed 4–4–24; 8:45 am] BILLING CODE 4710–06–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36525] Savage Companies—Continuance in Control Exemption—Savage, Bingham & Garfield Railroad Company and Savage Tooele Railroad Company Savage Companies (Savage) has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of two non-connecting rail carriers—Savage, Bingham & Garfield Railroad Company (SBG), a Class III rail carrier, and Savage Tooele Railroad Company (STR), a noncarrier—upon STR becoming a Class III rail carrier.1 This transaction is related to two later-filed petitions for exemption. In the first, Savage Tooele Railroad— Construction & Operation Exemption— Line of Railroad in Tooele County, Utah, Docket No. FD 36616, STR is seeking Board authority to construct and operate approximately 11 miles of rail line in Tooele County, Utah. In the second, Union Pacific Railroad Company sought and received Board authority in Union Pacific Railroad—Operation Exemption—in Tooele County, Utah, FD 36741 (STB served Feb. 13, 2024), to reinstitute common carrier service over approximately 1.04 miles of line in Tooele County, Utah.2 Savage states that it will continue in control of SBG and STR upon STR becoming a Class III rail carrier. According to the verified notice, Savage owns and controls SBG and STR through a series of subsidiary holding companies, with Savage as the ultimate parent company. Savage has 81% 1 By decision served September 30, 2021, the Board ordered this docket held in abeyance pending supplementation of the record and further Board action. Savage supplemented the record on October 19, 2021. Issuance of today’s notice terminates the abeyance. 2 This transaction is also related to a sincewithdrawn verified notice of exemption in Savage Tooele Railroad—Acquisition & Operation Exemption in Tooele County, Utah—Union Pacific Railroad, Docket No. FD 36524. On May 26, 2022, the Board granted STR’s motion to withdraw that notice, as STR discovered that the line it sought to acquire had been abandoned in 1983. STR subsequently sought authority to construct and operate a new line in Docket No. FD 36616. E:\FR\FM\05APN1.SGM 05APN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices control of a first-tier subsidiary named Savage Enterprises Holdings, LLC, which in turns owns 100% of a secondtier subsidiary named Savage Enterprises Intermediate, LLC, which in turn owns 100% of a third-tier subsidiary named Savage Enterprises, LLC. SBG and STR are wholly owned subsidiaries of Savage Enterprises, LLC, and are thus fourth-tier subsidiaries of Savage. The exemption will become effective on May 1, 2024. Savage represents that: (1) the lines of STR and SBG will not connect with one another; (2) the continuance in control transaction is not part of a series of anticipated transactions that would result in such a connection; and (3) the proposed transaction does not involve a Class I 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. Section 11326(c), however, does not provide for labor protection for transactions under sections 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here because all of 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 for stay must be filed no later than April 24, 2024 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36525, must be filed with the Surface Transportation Board either 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 Thomas W. Wilcox, Law Office of Thomas W. Wilcox, LLC, 1629 K Street NW, Suite 300, Washington, DC 20006. According to Savage, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: April 2, 2024. VerDate Sep<11>2014 16:44 Apr 04, 2024 Jkt 262001 By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. [FR Doc. 2024–07294 Filed 4–4–24; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36616] Savage Tooele Railroad Company— Construction and Operation Exemption—Line of Railroad in Tooele County, Utah On June 30, 2022, Savage Tooele Railroad Company (STR),1 a noncarrier, filed a petition for exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 to construct and operate approximately 11 miles of rail line in Tooele County, Utah (the Line), connecting the Union Pacific Railroad Company (UP) Shafter Subdivision mainline at approximately milepost 897.94 near Burmester, Utah, to the new Lakeview Business Park in Grantsville, Utah (the Park). STR explains that the Line would reestablish the former Warner Branch connection to UP’s Shafter Subdivision at Burmester, Utah, and that STR would provide common carrier service over the Line to enable tenants of the industrial park to ship and receive commodities and other products by rail. STR asked the Board to issue a preliminary decision addressing the transportation merits of the Line while the environmental review process was underway. In a decision served on August 24, 2022, the Board instituted a proceeding under 49 U.S.C. 10502(b) and sought clarification on the plans for the rightof-way and track located between milepost 0.0 and milepost 1.04. Savage Tooele R.R.—Const. & Operation Exemption—Line of R.R. in Tooele Cnty., Utah, FD 36616, slip op. at 2 (STB served Aug. 24, 2022). Later, in a decision served on March 30, 2023, the Board denied STR’s request for the Board to preliminarily address the transportation merits of the proposed Line prior to the completion of the environmental review process. See Savage Tooele R.R., FD 36616 (STB served Mar. 30, 2023) (with Board Members Fuchs and Schultz dissenting). The Board concluded that STR had not shown any ‘‘unique or compelling circumstances’’ to justify a conditional grant. Id. at 2–3. No comments opposing 1 STR is a wholly owned subsidiary of Savage Enterprises, LLC, and both are subsidiaries of Savage Companies. (Pet. 3.) PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 24079 the transportation merits of STR’s petition were filed. The Board’s Office of Environmental Analysis (OEA) issued a Draft Environmental Assessment (Draft EA) on September 29, 2023, analyzing the potential environmental impacts of the Line and requesting public comments, as required by the National Environmental Policy Act (NEPA), 42 U.S.C. 4321–4370m–11. A Final Environmental Assessment (Final EA) containing additional environmental analysis and responding to the comments received on the Draft EA was issued on March 1, 2024. The Final EA recommends environmental conditions, including voluntary mitigation measures proposed by STR and mitigation developed by OEA, to avoid, minimize, or mitigate the potential environmental impacts of the proposed construction and operation of the Line. After considering both the rail transportation merits and the potential environmental impacts, the Board will grant STR’s petition for exemption, authorizing STR to construct and operate over the Line, subject to the environmental mitigation measures set forth in the Final EA (attached as Appendix A). Background According to STR, the Line would extend from the Park to an approximately 1.04-mile segment of track owned by UP connecting to UP’s Shafter Subdivision at Burmester, Utah.2 (Pet. 4–5; STR Supp. 1–2, Sept. 20, 2022.) The Line comprises a portion of the former Warner Branch, which was owned and operated by UP’s predecessor, Western Pacific Railroad Company (WP). (Pet. 4.) WP sought and received authority to abandon the Warner Branch in 1983. (Id. (citing W. Pac. R.R.—Aban. Exemption—in Tooele Cnty., Utah, FD 30208 (ICC served Aug. 9, 1983); see also id. at 2 n.1 (representing that due diligence by UP and STR indicated that the railroad line ‘‘had been formally abandoned by . . . 1983’’).) STR then acquired UP’s rights and interests in the right-of-way and track between milepost 1.04 and milepost 6.94. (Id.) STR notes that the right-of-way and track of the Warner Branch have remained largely intact; however, in 2004 and 2015, UP deeded two parcels of the right-of-way— approximately 0.54 miles—to adjacent landowners. (Id. at 5.) STR states that these parcels will need to be reacquired 2 UP recently received an exemption from the Board to reinstitute common carrier service and operate over the 1.04-mile segment. See Union Pac. R.R.—Operation Exemption—in Tooele Cnty., Utah, FD 36741 (STB served Feb. 13, 2024). E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 24078-24079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07294]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36525]


Savage Companies--Continuance in Control Exemption--Savage, 
Bingham & Garfield Railroad Company and Savage Tooele Railroad Company

    Savage Companies (Savage) has filed a verified notice of exemption 
pursuant to 49 CFR 1180.2(d)(2) to continue in control of two non-
connecting rail carriers--Savage, Bingham & Garfield Railroad Company 
(SBG), a Class III rail carrier, and Savage Tooele Railroad Company 
(STR), a noncarrier--upon STR becoming a Class III rail carrier.\1\
---------------------------------------------------------------------------

    \1\ By decision served September 30, 2021, the Board ordered 
this docket held in abeyance pending supplementation of the record 
and further Board action. Savage supplemented the record on October 
19, 2021. Issuance of today's notice terminates the abeyance.
---------------------------------------------------------------------------

    This transaction is related to two later-filed petitions for 
exemption. In the first, Savage Tooele Railroad--Construction & 
Operation Exemption--Line of Railroad in Tooele County, Utah, Docket 
No. FD 36616, STR is seeking Board authority to construct and operate 
approximately 11 miles of rail line in Tooele County, Utah. In the 
second, Union Pacific Railroad Company sought and received Board 
authority in Union Pacific Railroad--Operation Exemption--in Tooele 
County, Utah, FD 36741 (STB served Feb. 13, 2024), to reinstitute 
common carrier service over approximately 1.04 miles of line in Tooele 
County, Utah.\2\
---------------------------------------------------------------------------

    \2\ This transaction is also related to a since-withdrawn 
verified notice of exemption in Savage Tooele Railroad--Acquisition 
& Operation Exemption in Tooele County, Utah--Union Pacific 
Railroad, Docket No. FD 36524. On May 26, 2022, the Board granted 
STR's motion to withdraw that notice, as STR discovered that the 
line it sought to acquire had been abandoned in 1983. STR 
subsequently sought authority to construct and operate a new line in 
Docket No. FD 36616.
---------------------------------------------------------------------------

    Savage states that it will continue in control of SBG and STR upon 
STR becoming a Class III rail carrier. According to the verified 
notice, Savage owns and controls SBG and STR through a series of 
subsidiary holding companies, with Savage as the ultimate parent 
company. Savage has 81%

[[Page 24079]]

control of a first-tier subsidiary named Savage Enterprises Holdings, 
LLC, which in turns owns 100% of a second-tier subsidiary named Savage 
Enterprises Intermediate, LLC, which in turn owns 100% of a third-tier 
subsidiary named Savage Enterprises, LLC. SBG and STR are wholly owned 
subsidiaries of Savage Enterprises, LLC, and are thus fourth-tier 
subsidiaries of Savage.
    The exemption will become effective on May 1, 2024.
    Savage represents that: (1) the lines of STR and SBG will not 
connect with one another; (2) the continuance in control transaction is 
not part of a series of anticipated transactions that would result in 
such a connection; and (3) the proposed transaction does not involve a 
Class I 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. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here because all of 
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 for stay must be filed no later than April 24, 
2024 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36525, must be filed with 
the Surface Transportation Board either 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 
Thomas W. Wilcox, Law Office of Thomas W. Wilcox, LLC, 1629 K Street 
NW, Suite 300, Washington, DC 20006.
    According to Savage, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: April 2, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2024-07294 Filed 4-4-24; 8:45 am]
BILLING CODE 4915-01-P
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