CG Railway, LLC-Discontinuance of Service Exemption-in New Orleans, La., 58871-58872 [2024-15973]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 139 / Friday, July 19, 2024 / Notices passenger motor carrier other than Carriers. (Id. at 3.) Applicants describe Carriers as follows: • Xplore is a Kentucky limited liability company, headquartered in Kentucky, that holds interstate carrier operating authority under FMCSA Docket No. MC–666448 and has a safety rating of ‘‘Satisfactory’’ from the U.S. Department of Transportation (USDOT). (Id. at 3–4.) Xplore provides charter transportation services for activities and events such as guided tours, group excursions, and recreational and entertainments events. (Id. at 4.) Xplore provides these services from its terminal facilities located in Louisville, Ky., and utilizes approximately 16 passenger vans, 14 minibuses, and 46 drivers. (Id.) • Nashville is a Tennessee limited liability company, headquartered in Tennessee, that holds interstate carrier operating authority under FMCSA Docket No. MC–79453. (Id. at 3–4.) Applicants state that Nashville has no safety rating. (Id. at 4.) Nashville, like Xplore, provides charter transportation services for activities and events such as guided tours, group excursions, and recreational and entertainments events. (Id. at 5.) Nashville provides these services from its terminal facilities located in Nashville, Tenn., and utilizes approximately three passenger vans, five minibuses, and 14 drivers. (Id.) Under 49 U.S.C. 14303(b), the Board must approve and authorize a transaction that it finds consistent with the public interest, taking into consideration at least (1) the effect of the proposed transaction on the adequacy of transportation to the public, (2) the total fixed charges that result from the proposed transaction, and (3) the interest of affected carrier employees. Applicants have submitted the information required by 49 CFR 1182.2, including information to demonstrate that the transaction is consistent with the public interest under 49 U.S.C. 14303(b), see 49 CFR 1182.2(a)(7), and a jurisdictional statement under 49 U.S.C. 14303(g) that the aggregate gross operating revenues of the involved carriers exceeded $2 million during the 12-month period immediately preceding the filing of the application, see 49 CFR 1182.2(a)(5). (See Appl. 5–9.) Applicants assert that the transaction will not have a material, detrimental impact on the adequacy of transportation services available for the public. (Id. at 6.) Applicants state that although Carriers now operate within the holdings of Applicants, Xplore and Nashville continue to operate under the same names and provide services from VerDate Sep<11>2014 18:53 Jul 18, 2024 Jkt 262001 the same locations used before the transaction. (Id.) Applicants further assert that the transaction will have, at most, a minimal impact on the regulated motor carrier industry, and neither competition nor the public interest will be adversely affected. (Id. at 6, 8.) According to Applicants, there is no net gain in market power resulting from the transaction because Applicants do not have ownership interests in or control of other passenger motor carriers. (Id. at 8.) Applicants also represent that there will be no overlap in the service areas or customer bases of Carriers and Applicants, as Applicants do not currently operate any motor carrier service. (Id.) Applicants state that they will seek to grow Carriers’ business by contracting with new customers and expanding services for existing customers. (Id.) Additionally, although the transaction will increase fixed charges in the form of interest expenses because Applicants borrowed funds to finance the transaction, Applicants state that such increase will not impact the provision of transportation services to the public. (Id. at 6–7.) Applicants also assert that because they have continued, and intend to continue, the existing operations of Carriers, employees and labor conditions are not materially impacted. (Id. at 7.) Applicants further submit they do not anticipate any measurable reduction in force or changes in compensation levels or benefits at Carriers. (Id.) The Board finds that the acquisition as described in the application is consistent with the public interest and should be tentatively approved and authorized after the fact. If any opposing comments are timely filed, these findings will be deemed vacated, and, unless a final decision can be made on the record as developed, a procedural schedule will be adopted to reconsider the application. See 49 CFR 1182.6. If no opposing comments are filed by the expiration of the comment period, this notice will take effect automatically and will be the final Board action in this proceeding. This action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available at www.stb.gov. It is ordered: 1. The transaction is approved and authorized after-the-fact, subject to the filing of opposing comments. 2. If opposing comments are timely filed, the findings made in this notice will be deemed vacated. PO 00000 Frm 00169 Fmt 4703 Sfmt 4703 58871 3. This notice will be effective September 4, 2024, unless opposing comments are filed by September 3, 2024. If any comments are filed, Applicants may file a reply by September 17, 2024. 4. A copy of this notice will be served on: (1) the U.S. Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; (2) the U.S. Department of Justice, Antitrust Division, 10th Street & Pennsylvania Avenue NW, Washington, DC 20530; and (3) the U.S. Department of Transportation, Office of General Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590. 5. This notice will be published in the Federal Register. Decided: July 14, 2024. By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz. Stefan Rice, Clearance Clerk. [FR Doc. 2024–15874 Filed 7–18–24; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 1340X] CG Railway, LLC—Discontinuance of Service Exemption—in New Orleans, La. On July 1, 2024, CG Railway, LLC (CGR), a Class III rail carrier, filed a petition under 49 U.S.C. 10502 for exemption from the prior approval requirements of 49 U.S.C. 10903 to discontinue service over approximately 3.4 miles of rail line in New Orleans, La., consisting of the North Yard of the Port of New Orleans (Port), including track numbers 1, 2, 3, 4, 5, 6, and 7, and the Elaine Street Lead between milepost G1.2 and milepost G2.4 (the Line). CGR states that the Line traverses U.S. Postal Service Zip Codes 70126 and/or 70127 and that, to the best of its knowledge, no stations exist on the Line. CGR states that it leased the Line from the Port.1 (Pet. 2.) According to CGR, rail service on the Line—which enabled interchange with CSX Transportation, Inc.—was commercially dependent on the use of the Mississippi River Gulf Outlet being navigable for deep draft vessels. (Id. at 1–2.) The petition states that damage caused by Hurricane Katrina to the Mississippi River Gulf Outlet rendered the Line unsuitable and uneconomic for CGR’s transportation purposes, and the Port and CGR 1 See CG Ry.—Lease & Operation Exemption— Port of New Orleans, La., FD 34710 (STB served July 1, 2005). E:\FR\FM\19JYN1.SGM 19JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 58872 Federal Register / Vol. 89, No. 139 / Friday, July 19, 2024 / Notices terminated the lease by mutual agreement in August 2007. (Id. at 2.) CGR states that, since that date, it has not used the Line to provide common carrier service. (Id.) CGR explains that it is seeking discontinuance authority to clear the record and confirm that it does not have a residual common carrier obligation over the Line. (Id.) CGR asserts that, because this proceeding would involve the discontinuance of common carrier service and not abandonment of the Line, the question of whether the Line contains any federally granted rights-ofway is inapplicable. (Id. at 1–2.) CGR states that any documentation related to federally granted rights-of-way pertaining to this petition in CGR’s possession will be made promptly available to those requesting it. (Id. at 2.) As a condition to this exemption, any employee adversely affected by the discontinuance of service shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by October 18, 2024. Because this is a discontinuance proceeding and not an abandonment, interim trail use/rail banking and public use conditions are not appropriate. Because there will be environmental review during any subsequent abandonment, this discontinuance does not require an environmental review. See 49 CFR 1105.6(c)(5), 1105.8(b). Any offer of financial assistance (OFA) for subsidy under 49 CFR 1152.27(b)(2) will be due no later than 120 days after the filing of the petition for exemption, or 10 days after service of a decision granting the petition for exemption, whichever occurs sooner.2 Persons interested in submitting an OFA must first file a formal expression of intent to file an offer by July 29, 2024, indicating the intent to file an OFA for subsidy and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i). All filings in response to this notice must refer to Docket No. AB 1340X and 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, a copy of each pleading must 2 The filing fee for OFAs can be found at 49 CFR 1002.2(f)(25). VerDate Sep<11>2014 18:53 Jul 18, 2024 Jkt 262001 be served on CGR’s representative, Justin J. Marks, Clark Hill PLC, 1001 Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004. Replies to the petition are due on or before August 8, 2024. Persons seeking further information concerning discontinuance procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238 or refer to the full abandonment and discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Office of Environmental Analysis at (202) 245–0294. If you require an accommodation under the Americans with Disabilities Act, please call (202) 245–0245. Board decisions and notices are available at www.stb.gov. Decided: July 16, 2024. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Raina White, Clearance Clerk. [FR Doc. 2024–15973 Filed 7–18–24; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Availability of the Final Programmatic Environmental Assessment and Mitigated Finding of No Significant Impact and Record of Decision for Drone Package Delivery in North Carolina Federal Aviation Administration, DOT. ACTION: Notice of availability. AGENCY: The Federal Aviation Administration (FAA) announces the availability of the Final Programmatic Environmental Assessment (PEA) and Mitigated Finding of No Significant Impact and Record of Decision (FONSI/ ROD) for Drone Package Delivery in North Carolina. FOR FURTHER INFORMATION CONTACT: For questions concerning this action, contact Nicholas Baker, Environmental Protection Specialist, Unmanned Aircraft Systems Integration Office, Safety & Integration Division, Strategic Programs Branch, AUS–430; telephone 1–202–267–4714; email 9-FAA-DroneEnvironmental@faa.gov. SUPPLEMENTARY INFORMATION: The Final PEA evaluates the potential environmental impacts of Unmanned Aircraft Systems (UAS) package SUMMARY: PO 00000 Frm 00170 Fmt 4703 Sfmt 4703 delivery operations in the state of North Carolina. The proposed action analyzed in the PEA is UAS operators conducting commercial drone package deliveries under 14 Code of Federal Regulations (CFR) part 135 in North Carolina. The North Carolina Department of Transportation is the project proponent. The Draft PEA was submitted for review pursuant to the National Environmental Policy Act (NEPA) (42 United States Code [U.S.C.] 4321 et seq.), the Council on Environmental Quality NEPA Implementing Regulations (40 CFR parts 1500–1508), FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, Section 4(f) of the Department of Transportation Act (49 U.S.C. 303), and section 106 of the National Historic Preservation Act (16 U.S.C. 470) on April 30, 2024. The FAA held a virtual public meeting for the Draft PEA on May 21, 2024. The comment period for the Draft PEA closed on May 30, 2024. The Final PEA includes public comments received during the public comment period and the FAA’s responses. The Final PEA and Mitigated FONSI/ ROD are available to view and download electronically at https:// www.faa.gov/uas/advanced_operations/ nepa_and_drones/. The documentation is available from any internet access, including from computers freely available at public libraries. Based on the analysis in the Final PEA, including mitigation measures that may be used to prevent significant noise impacts, the FAA has determined there will not be significant impacts to the human environment. As a result, an Environmental Impact Statement has not been initiated. The FAA intends for this PEA to create efficiencies by establishing a framework that can be used for ‘‘tiering,’’ when appropriate, to project-specific actions that require additional analysis. As decisions on specific applications are made, to the extent additional NEPA analysis is required, environmental review will be conducted to supplement the analysis set forth in this PEA. Issued in Washington, DC, on July 16, 2024. Derek W. Hufty, Manager, General Aviation and Commercial Branch, Emerging Technologies Division, Office of Safety Standards, Flight Standards Service. [FR Doc. 2024–15948 Filed 7–18–24; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Notices]
[Pages 58871-58872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15973]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1340X]


CG Railway, LLC--Discontinuance of Service Exemption--in New 
Orleans, La.

    On July 1, 2024, CG Railway, LLC (CGR), a Class III rail carrier, 
filed a petition under 49 U.S.C. 10502 for exemption from the prior 
approval requirements of 49 U.S.C. 10903 to discontinue service over 
approximately 3.4 miles of rail line in New Orleans, La., consisting of 
the North Yard of the Port of New Orleans (Port), including track 
numbers 1, 2, 3, 4, 5, 6, and 7, and the Elaine Street Lead between 
milepost G1.2 and milepost G2.4 (the Line). CGR states that the Line 
traverses U.S. Postal Service Zip Codes 70126 and/or 70127 and that, to 
the best of its knowledge, no stations exist on the Line.
    CGR states that it leased the Line from the Port.\1\ (Pet. 2.) 
According to CGR, rail service on the Line--which enabled interchange 
with CSX Transportation, Inc.--was commercially dependent on the use of 
the Mississippi River Gulf Outlet being navigable for deep draft 
vessels. (Id. at 1-2.) The petition states that damage caused by 
Hurricane Katrina to the Mississippi River Gulf Outlet rendered the 
Line unsuitable and uneconomic for CGR's transportation purposes, and 
the Port and CGR

[[Page 58872]]

terminated the lease by mutual agreement in August 2007. (Id. at 2.) 
CGR states that, since that date, it has not used the Line to provide 
common carrier service. (Id.) CGR explains that it is seeking 
discontinuance authority to clear the record and confirm that it does 
not have a residual common carrier obligation over the Line. (Id.)
---------------------------------------------------------------------------

    \1\ See CG Ry.--Lease & Operation Exemption--Port of New 
Orleans, La., FD 34710 (STB served July 1, 2005).
---------------------------------------------------------------------------

    CGR asserts that, because this proceeding would involve the 
discontinuance of common carrier service and not abandonment of the 
Line, the question of whether the Line contains any federally granted 
rights-of-way is inapplicable. (Id. at 1-2.) CGR states that any 
documentation related to federally granted rights-of-way pertaining to 
this petition in CGR's possession will be made promptly available to 
those requesting it. (Id. at 2.)
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, 
in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by October 18, 2024.
    Because this is a discontinuance proceeding and not an abandonment, 
interim trail use/rail banking and public use conditions are not 
appropriate. Because there will be environmental review during any 
subsequent abandonment, this discontinuance does not require an 
environmental review. See 49 CFR 1105.6(c)(5), 1105.8(b).
    Any offer of financial assistance (OFA) for subsidy under 49 CFR 
1152.27(b)(2) will be due no later than 120 days after the filing of 
the petition for exemption, or 10 days after service of a decision 
granting the petition for exemption, whichever occurs sooner.\2\ 
Persons interested in submitting an OFA must first file a formal 
expression of intent to file an offer by July 29, 2024, indicating the 
intent to file an OFA for subsidy and demonstrating that they are 
preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i).
---------------------------------------------------------------------------

    \2\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
---------------------------------------------------------------------------

    All filings in response to this notice must refer to Docket No. AB 
1340X and 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, a copy of each 
pleading must be served on CGR's representative, Justin J. Marks, Clark 
Hill PLC, 1001 Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 
20004. Replies to the petition are due on or before August 8, 2024.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment and discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis at (202) 245-0294. If you 
require an accommodation under the Americans with Disabilities Act, 
please call (202) 245-0245.
    Board decisions and notices are available at www.stb.gov.

    Decided: July 16, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2024-15973 Filed 7-18-24; 8:45 am]
BILLING CODE 4915-01-P
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