Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Notices 66549 

1Omni-HGS notes that SIT has limited and 

provisional authority to operate pursuant to 

Savannah Industrial Transportation, LLC— 

Operation Exemption—in Effingham County, Ga., 

FD 36489, slip op. at 6–7 (STB served Aug. 1, 2023). 2By order served September 8, 2023, the effective 

dates of the exemptions in this docket and in the 

related Docket No. FD 36717 were postponed 

pending further Board order to allow for further 

briefing and consideration of certain issues. On 

September 13, 2023, OSL filed an amended verified 

notice of exemption in Docket No. FD 36717 

addressing the issues raised in the September 8 

order. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Raina White, 

Clearance Clerk. 

[FR Doc. 2023–21076 Filed 9–26–23; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36716] 

OmniTRAX Holdings Combined, Inc., 

and HGS Railway Holdings, Inc.— 

Continuance in Control Exemption— 

OmniTRAX SBVR, LLC d/b/a South 

Branch Valley 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 OmniTRAX SBVR, LLC d/b/a South 

Branch Valley Railroad (OSL), a noncarrier entity controlled by OmniTRAX, 

upon OSL’s becoming a Class III rail 

carrier. 

This transaction is related to a 

verified notice of exemption filed in 

OmniTRAX SBVR, LLC—Operation 

Exemption—Railroad Line of West 

Virginia State Rail Authority in 

Hampshire, Hardy, & Grant Counties, 

W. Va., Docket No. FD 36717, in which 

OSL seeks to operate an approximately 

52.4-mile rail line (the Line) extending 

from milepost 0.0 at Green Spring, W. 

Va., to milepost 52.4 at Petersburg, W. 

Va., owned by the West Virginia Rail 

Authority. 

Omni-HGS states that it will continue 

in control of OSL upon OSL’s becoming 

a railroad common carrier. According to 

the verified notice, OmniTRAX and 

HGS are under joint managerial and 

operational control. OmniTRAX 

currently controls 22 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.; Omni River 

Ridge, LLC d/b/a River Ridge Railroad; 

Panhandle Northern Railroad, L.L.C.; 

Peru Industrial Railroad, LLC; Sand 

Springs Railway Company; Savannah 

Industrial Transportation, LLC (SIT); 1

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 OSL does not 

connect with the rail lines of any of the 

rail carriers controlled by Omni-HGS; 

(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. 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. 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, because this 

transaction involves Class III rail 

carriers only, the Board may not impose 

labor protective conditions here. 

The effective date of this exemption is 

October 11, 2023.2 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 

October 4, 2023 (at least seven days 

before the exemption becomes 

effective). 

All pleadings, referring to Docket No. 

FD 36716, 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 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 www.stb.gov. 

Decided: September 21, 2023. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Raina White, 

Clearance Clerk. 

[FR Doc. 2023–21077 Filed 9–26–23; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2023–1555; Summary 

Notice No. 2023–37] 

Petition for Exemption; Summary of 

Petition Received; Billings Flying 

Service 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of Federal 

Aviation Regulations. The purpose of 

this notice is to improve the public’s 

awareness of, and participation in, the 

FAA’s exemption process. Neither 

publication of this notice nor the 

inclusion or omission of information in 

the summary is intended to affect the 

legal status of the petition or its final 

disposition. 

DATES: Comments on this petition must 

identify the petition docket number and 

must be received on or before October 

17, 2023. 

ADDRESSES: Send comments identified 

by docket number FAA–2023–1555 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 


ddrumheller on DSK120RN23PROD with NOTICES1
66550 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Notices 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

http://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Valerie Smith, AIR–646, Federal 

Aviation Administration, phone 404– 

474–5380, email valerie.l.smith@

faa.gov. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Los Angeles, California on 

September 22, 2023. 

Thuan Nguyen, 

Manager, Technical Writing Section. 

Petition for Exemption 

Docket No.: FAA–2023–1555 

Petitioner: Billings Flying Service 

Section(s) of 14 CFR Affected: 

§ 21.185(b) 

Description of Relief Sought: The 

petitioner is seeking relief from 14 CFR 

21.185(b), which allows an applicant for 

a restricted category airworthiness 

certificate for an aircraft type 

certificated in the restricted category, 

that was either a surplus aircraft of the 

Armed Forces or previously type 

certificated in another category, to be 

entitled to an airworthiness certificate if 

the aircraft has been inspected by the 

FAA and found to be in a good state of 

preservation and repair and in a 

condition for safe operation. 

Specifically, the petitioner is requesting 

relief so that it can apply for and receive 

restricted category airworthiness 

certificates for six CH–47D helicopters 

that were received from the Royal 

Netherlands Air Force. 

[FR Doc. 2023–21061 Filed 9–26–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Rule on a Land 

Release Request for Change in Use 

from Aeronautical to Non-Aeronautical 

at Salisbury-Ocean City: Wicomico 

Regional Airport, Salisbury, MD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of request for a change in 

use of on-airport property. 

SUMMARY: The FAA proposes to rule and 

invites public comment on Wicomico 

County’s request to change 0.15 acres of 

federally obligated airport property at 

Salisbury-Ocean City: Wicomico 

Regional Airport, Salisbury, MD from 

aeronautical to non-aeronautical use. 

This acreage was originally purchased 

with federal financial assistance through 

the Airport Development Aid Program 

(ADAP). The proposed use of land will 

be compatible with the airport and will 

not interfere with the airport or its 

operation. 

DATES: Comments must be received on 

or before October 27, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Comments on this application may be 

mailed or delivered to the following 

address: 

Anthony Rudy, Airport Manager, 

Salisbury-Ocean City: Wicomico 

Regional Airport, 5485 Airport 

Terminal Road, Unit A, Salisbury, MD 

2804, (410) 548–4827 

and at the FAA Washington Airports 

District Office: 

Matthew J. Thys, Manager, Washington 

Airports District Office, 13873 Park 

Center Road, Suite 490S, Herndon, 

VA 20171, (703) 487–3980 

SUPPLEMENTARY INFORMATION: In 

accordance with the Wendell H. Ford 

Aviation Investment and Reform Act for 

the 21st Century (AIR 21), Public Law 

106–181 (Apr. 5, 2000; 114 Stat. 61), 

this notice must be published in the 

Federal Register 30 days before the 

Secretary may waive any condition 

imposed on a federally obligated airport 

by grant agreements. The following is a 

brief overview of the request. 

Wicomico County has submitted a 

land release request seeking FAA 

approval for the change in use of 

approximately 0.15 acres of federally 

obligated airport property from 

aeronautical to non-aeronautical use. 

The subject property is proposed to be 

improved with a cell tower and 

associated parking area. 

Parcel 6 was originally purchased 

with federal financial assistance through 

the ADAP program. The FAA has 

determined the proposed project would 

have no material impact on aircraft 

operations, at, to or from the airport; 

would not affect the safety of people 

and property on the ground adjacent to 

the airport as a result of aircraft 

operations; and would not have an 

adverse effect on the value of prior 

Federal investments to a significant 

extent. Subsequent to the 

implementation of the proposed change 

in use, rents received by the airport 

from this property is considered airport 

revenue, and will be used in accordance 

with 49 U.S.C. 47107(b) and the FAA’s 

Policy and Procedures Concerning the 

Use of Airport Revenue published in the 

Federal Register on February 16, 1999. 

The proposed use of the property will 

not interfere with the airport or its 

operation. 

Issued in Herndon, Virginia. 

Matthew J. Thys, 

Manager, Washington Airports District Office. 

[FR Doc. 2023–21035 Filed 9–26–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Rescinding a Notice of Intent To 

Prepare an Environmental Impact 

Statement: Delaware County, NY 

AGENCY: Federal Highway 

Administration (FHWA), United States 

Department of Transportation (DOT). 

ACTION: Notice. 

SUMMARY: The FHWA, in cooperation 

with the New York State Department of 

Transportation (NYSDOT), is issuing 

this notice to advise the public that we 

are rescinding the 2001 Notice of Intent 

(NOI) to prepare an Environmental 

Impact Statement (EIS) for a previous 

proposal to improve NYS Route 17 in 

Delaware County, New York (the 

Project, NYSDOT Project Identification 

Number [PIN] 9066.91). FHWA is 

rescinding the NOI because a substantial 

amount of time has passed since its 

original publication, and previously 

identified funding and design resources 

were reprioritized and reallocated to 

other needs, preventing the progression 

of the Project. 

FOR FURTHER INFORMATION CONTACT: 

Richard J. Marquis, Division 

Administrator, Federal Highway 

Administration, New York Division, Leo 

W. O’Brien Federal Building, 11A 

Clinton Avenue, Suite 719, Albany, 

New York 12207, Telephone: (518) 431– 

4127; or James Rusak, P.E., Regional 

Director, New York State Department of 


ddrumheller on DSK120RN23PROD with NOTICES1