71072 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 

1According 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.) 

2See OmniTRAX Holdings Combined, Inc.— 

Control Exemption—The Winchester & W. R.R., FD 

36338 (STB served Aug. 22, 2019). 

3Specifically, 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). 

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. 

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. 

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 www.stb.gov. 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No.: FAA–2023–1833; Summary 

Notice No.–2023–36] 

Petition for Exemption; Summary of 

Petition Received; Hylio Inc. 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice. 

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 nor 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 November 

2, 2023. 

ADDRESSES: Send comments identified 

by docket number FAA–2023–1833 

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, 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 20590– 

0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 71073 

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 

20590–0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Jake 

Troutman, 202–683–7788, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on October 6, 

2023. 

Brandon Roberts, 

Executive Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2023–1833. 

Petitioner: Hylio Inc. 

Section(s) of 14 CFR Affected: 

§§ 61.3(a)(1)(i), 91.7(a), 91.119(c), 

91.121, 91.151(b), 91.403(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 

91.417(a), 91.417(b), 137.19(c), 

137.19(d), 137.19(e)(2)(ii), 

137.19(e)(2)(iii), 137.19(e)(2)(v), 137.31, 

137.33, 137.41(c), and 137.42. 

Description of Relief Sought: Hylio 

Inc., seeks an exemption from 14 CFR to 

operate multiple unmanned aircraft 

systems (UAS) under one operator, 

weighing over 55 pounds (lbs.), closer 

than 500 feet of vehicles, vessels, and 

structures, during night, and without a 

visual observer (VO), within visual line 

of site (VLOS) of the pilot in command 

(PIC), for agricultural aircraft operations. 

[FR Doc. 2023–22636 Filed 10–12–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway Projects in 

Texas 

AGENCY: Texas Department of 

Transportation (TxDOT), Federal 

Highway Administration (FHWA), U.S. 

Department of Transportation. 

ACTION: Notice of limitation on claims 

for judicial review of actions by TxDOT 

and Federal agencies. 

SUMMARY: This notice announces actions 

taken by TxDOT and Federal agencies 

that are final. The environmental 

review, consultation, and other actions 

required by applicable Federal 

environmental laws for these projects 

are being, or have been, carried out by 

TxDOT pursuant to an assignment 

agreement executed by FHWA and 

TxDOT. The actions relate to various 

proposed highway projects in the State 

of Texas. These actions grant licenses, 

permits, and approvals for the projects. 

DATES: By this notice, TxDOT is 

advising the public of final agency 

actions subject to 23 U.S.C. 139(l)(1). A 

claim seeking judicial review of TxDOT 

and Federal agency actions on the 

highway projects will be barred unless 

the claim is filed on or before the 

deadline. For the projects listed below, 

the deadline is March 11, 2024. If the 

Federal law that authorizes judicial 

review of a claim provides a time period 

of less than 150 days for filing such a 

claim, then that shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Lee, Environmental Affairs 

Division, Texas Department of 

Transportation, 125 East 11th Street, 

Austin, Texas 78701; telephone: (512) 

416–2358; email: Patrick.Lee@txdot.gov. 

TxDOT’s normal business hours are 8 

a.m.–5 p.m. (central time), Monday 

through Friday. 

SUPPLEMENTARY INFORMATION: The 

environmental review, consultation, and 

other actions required by applicable 

Federal environmental laws for these 

projects are being, or have been, carried 

out by TxDOT pursuant to 23 U.S.C. 327 

and a Memorandum of Understanding 

dated December 9, 2019, and executed 

by FHWA and TxDOT. 

Notice is hereby given that TxDOT 

and Federal agencies have taken final 

agency actions by issuing licenses, 

permits, and approvals for the highway 

projects in the State of Texas that are 

listed below. 

The actions by TxDOT and Federal 

agencies and the laws under which such 

actions were taken are described in the 

Categorical Exclusion (CE), 

Environmental Assessment (EA), or 

Environmental Impact Statement (EIS) 

issued in connection with the projects 

and in other key project documents. The 

CE, EA, or EIS and other key documents 

for the listed projects are available by 

contacting the local TxDOT office at the 

address or telephone number provided 

for each project below. 

This notice applies to all TxDOT and 

Federal agency decisions as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

including but not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers) [23 

U.S.C. 319]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], Marine Mammal Protection Act 

[16 U.S.C. 1361], Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)], Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[54 U.S.C. 300101 et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [54 U.S.C. 

312501 et seq.]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Clean Water Act [33 U.S.C. 1251–1377] 

(Section 404, Section 401, Section 319); 

Land and Water Conservation Fund 

(LWCF) [16 U.S.C. 4601–4604]; Safe 

Drinking Water Act (SDWA) [42 U.S.C. 

300(f)–300(j)(6)]; Rivers and Harbors Act 

of 1899 [33 U.S.C. 401–406]; Wild and 

Scenic Rivers Act [16 U.S.C. 1271– 

1287]; Emergency Wetlands Resources 

Act [16 U.S.C. 3921, 3931]; TEA–21 

Wetlands Mitigation [23 U.S.C. 

103(b)(6)(m), 133(b)(11)]; Flood Disaster 

Protection Act [42 U.S.C. 4001–4128]. 

8. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; E.O. 13112 

Invasive Species. (Catalog of Federal 

Domestic Assistance Program Number 

20.205, Highway Planning and 

Construction.) 

The projects subject to this notice are: 

1. Loop 9, Segment A from US 67 to 

IH 35E in Dallas and Ellis Counties, 

Texas. The project will construct a sixlane new location frontage road system 

between US 67 and IH 35E. The frontage 

roads will consist of three 12-foot lanes, 

an 8-foot inside shoulder, and an 8-foot 

outside shoulder. The project right-ofway will include a median that will 

accommodate the future construction of 


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