Notice2022-15191
OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, Inc.-Continuance in Control Exemption-Omni River Ridge, LLC d/b/a River Ridge Railroad
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 15, 2022
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 135 (Friday, July 15, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Notices]
[Page 42537]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15191]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36626]
OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings,
Inc.--Continuance in Control Exemption--Omni River Ridge, LLC d/b/a
River Ridge Railroad
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 Omni River Ridge, LLC d/b/a River Ridge Railroad
(RRR), a noncarrier controlled by OmniTRAX, upon RRR's becoming a Class
III rail carrier.
This transaction is related to a verified notice of exemption filed
concurrently in Omni River Ridge, LLC d/b/a River Ridge Railroad--
Operation Exemption--in Clark County, Ind., Docket No. FD 36625, in
which RRR seeks to operate approximately 0.943 miles of track that
extends from a point of connection with a line of CSX Transportation,
Inc., Hoosier Subdivision, Branch NABB BR, at milepost B 0041.950 at
Charlestown, Ind., roughly southward for 4,980 feet to the north end of
the wye track in Clark County, Ind.
Omni-HGS states that it will continue in control of RRR upon RRRs
becoming a railroad common carrier. According to the verified notice,
OmniTRAX and HGS are under joint managerial and operational control.
OmniTRAX currently controls 20 Class III rail carriers: 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; The
Newburgh & South Shore Railroad, LLC; Northern Ohio & Western Railway,
L.L.C.; Panhandle Northern Railroad, L.L.C.; Peru Industrial Railroad,
LLC; Sand Springs Railway Company; Stockton Terminal and Eastern
Railroad; and The Winchester and Western Railroad Company. HGS controls
two Class III railroads: HGS-ATN, LLC; and HGS-FCR, LLC.
Omni-HGS represents that: (1) the rail line to be operated by RRR
does not connect with the rail lines of any of the rail carriers
controlled by Omni-HGS; \1\ (2) the transaction is not part of a series
of anticipated transactions that would result in such a connection; and
(3) the transaction does not involve a Class I rail carrier. The
proposed transaction is therefore exempt from the prior approval
requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2).
---------------------------------------------------------------------------
\1\ Although the map appended to the verified notice as Exhibit
A-2 may not provide the detail called for under 49 CFR 1180.6(a)(6),
the list of states provided under Sec. 1180.6(a)(5) indicates that
no other Class III railroad controlled by Omni-HGS operates in
Indiana, where RRR proposes to operate.
---------------------------------------------------------------------------
The transaction may be consummated on or after July 29, 2022, the
effective date of the exemption (30 days after the verified notice was
filed).
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. Because this
transaction involves Class III rail carriers only, the Board, under the
statute, may not impose labor protective conditions for this
transaction.
If the verified notice contains false or misleading information,
the exemption 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 July 22, 2022
(at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36626, 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 Omni-HGS's
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 reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: July 12, 2022.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2022-15191 Filed 7-14-22; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on July 15, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.