Notice2023-22683
OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, Inc.-Continuance in Control Exemption-Savannah Industrial Logistics, LLC
Primary source
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Published
October 13, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 197 (Friday, October 13, 2023)</title>
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[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 71071-71072]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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\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.)
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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.
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\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).
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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 <a href="http://www.stb.gov">www.stb.gov</a>.
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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</html>Indexed from Federal Register on October 13, 2023.
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