Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 80375 

1Persons interested in submitting an OFA must 

first file a formal expression of intent to file an 

Continued 

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, and (3) the 

interest of affected carrier employees. 

TBL Group has submitted the 

information required by 49 CFR 1182.2, 

including information to demonstrate 

that the proposed 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 TBL Group and East Coast 

Transportation exceeded $2 million 

during the 12-month period 

immediately preceding the filing of the 

application, see 49 CFR 1182.2(a)(5). 

TBL Group asserts that the transaction 

is consistent with the public interest. 

TBL Group states that the transaction is 

not expected to have a material, 

detrimental impact on the adequacy of 

transportation services available for the 

public, but rather it anticipates that 

public services will be improved as 

operating efficiencies will ‘‘enable the 

carriers to provide service across a 

broad geographic area.’’ (Appl. 5 (pdf 

page 7).) With respect to fixed charges, 

TBL Group asserts that the restructuring 

of day-to-day operations will allow the 

Applicant to lower operational costs 

and continue to provide affordable 

passenger-carrier transportation 

services. (Id. at 7 (pdf page 9).) Further, 

TBL Group anticipates that there will be 

no overall negative impact to employees 

as a result of the transaction. According 

to TBL Group, the transaction will 

enable the parties to consolidate some 

headquarters and administrative 

personnel. (Id.) TBL Group, asserts, 

however, that labor force additions in 

higher paying sales and field operations 

in multiple cities will offset any 

personnel contraction across Texas and 

Florida. (Id.) TBL Group notes that, 

‘‘while the current goal of the 

transaction is to maximize utilization 

with fewer vehicles, over time the 

companies will be able to grow by 

taking advantage of economies of scale, 

better financial terms, and increased 

buying power, resulting in additions to 

driver and non-driver personnel.’’ (Id.) 

Lastly, TBL Group asserts that the 

transaction will not have a material, 

adverse effect on competition. 

According to TBL Group, the areas 

served by the carriers are subject to 

robust competition. (Id.) Specifically, 

TBL Group states that the Jacksonville, 

Florida market has over 20 interstate 

transportation providers offering charter 

and tour service. (Id.) TBL Group 

estimates that interstate and intrastate 

carriers in the Jacksonville, Florida 

market generate over $75 million in 

annual revenues and operate 

approximately 800 vehicles, including 

sedans, mini buses, and motor coaches. 

(Id. at 7–8 (pdf pages 9–10).) After the 

transaction, TBL Group states that the 

combined revenues of Echo East Coast 

Transportation will be less than 10% of 

$75 million and will account for less 

than five percent of the vehicles in the 

local market. (Id. at 8 (pdf page 10.) 

Thus, TBL Group asserts that the 

applicable carriers are largely separate 

and distinct, with a small amount of 

overlap in the larger markets, and do not 

plan on significantly altering their 

current operations, but merely wish to 

take advantage of efficiencies gained 

through working under one corporate 

structure. (Id. at 7–8 (pdf pages 8–9).) 

The Board finds that the acquisition 

as proposed in the application is 

consistent with the public interest and 

should be tentatively approved and 

authorized. 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 

expiration of the comment period, this 

notice will take effect automatically and 

will be the final Board action. Persons 

wishing to oppose the application must 

follow the rules at 49 CFR 1182.5 and 

1182.8. 

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 proposed transaction is 

approved and authorized, subject to the 

filing of opposing comments. 

2. If opposing comments are timely 

filed, the findings made in this notice 

will be deemed vacated. 

3. This notice will be effective January 

3, 2024, unless opposing comments are 

filed by January 2, 2024. If any 

comments are filed, TBL Group may file 

a reply by January 16, 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 the General 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Decided: November 9, 2023. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2023–25491 Filed 11–16–23; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. AB 55 (Sub-No. 813X)] 

CSX Transportation, Inc.- 

Abandonment Exemption—in 

Worcester, Mass. 

CSX Transportation, Inc. (CSXT), has 

filed a verified notice of exemption 

under 49 CFR part 1152 subpart F— 

Exempt Abandonments to abandon an 

approximately 0.38-mile rail line that 

runs between milepost QBU 4.2 and 

milepost QBU 4.58, on its Albany 

Division, Boston Subdivision, Fitchburg 

Branch, in Worcester, Mass. (the Line). 

The Line traverses U.S. Postal Service 

Zip Code 01453. 

CSXT has certified that: (1) no local 

freight traffic has moved over the Line 

during the past two years; (2) any 

overhead traffic on the Line can be 

rerouted over other lines; (3) no formal 

complaint filed by a user of rail service 

on the Line (or by a state or local 

government on behalf of such user) 

regarding cessation of service over the 

Line is pending with either the Surface 

Transportation Board (Board) or any 

U.S. District Court or has been decided 

in favor of a complainant within the 

two-year period; and (4) the 

requirements at 49 CFR 1105.7(b) and 

1105.8(c) (notice of environmental and 

historic reports), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to government 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment 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). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received,1


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80376 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 

offer, indicating the type of financial assistance they 

wish to provide (i.e., subsidy or purchase) and 

demonstrating that they are preliminarily 

financially responsible. See 49 CFR 1152.27(c)(2)(i). 

2The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Office of Environmental 

Analysis (OEA) in its independent investigation) 

cannot be made before the exemption’s effective 

date. See Exemption of Out-of-Serv. Rail Lines, 5 

I.C.C.2d 377 (1989). Any request for a stay should 

be filed as soon as possible so that the Board may 

take appropriate action before the exemption’s 

effective date. 

3Filing fees for OFAs and trail use requests can 

be found at 49 CFR 1002.2(f)(25) and (27), 

respectively. 

exemption will be effective on 

December 17, 2023, unless stayed 

pending reconsideration. Petitions to 

stay that do not involve environmental 

issues,2 formal expressions of intent to 

file an OFA under 49 CFR 1152.27(c)(2), 

and interim trail use/rail banking 

requests under 49 CFR 1152.29 must be 

filed by November 27, 2023.3 Petitions 

to reopen and requests for public use 

conditions under 49 CFR 1152.28 must 

be filed by December 7, 2023. 

All pleadings, referring to Docket No. 

AB 55 (Sub-No. 813X), 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 CSXT’s representative, 

Louis E. Gitomer, 600 Baltimore 

Avenue, Suite 301, Towson, MD 21204. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CSXT has filed a combined 

environmental and historic report that 

addresses the potential effects, if any, of 

the abandonment on the environment 

and historic resources. OEA will issue a 

Draft Environmental Assessment (Draft 

EA) by November 24, 2023. The Draft 

EA will be available to interested 

persons on the Board’s website, by 

writing to OEA, or by calling OEA at 

(202) 245–0294. If you require an 

accommodation under the Americans 

with Disabilities Act, please call (202) 

245–0245. Comments on environmental 

or historic preservation matters must be 

filed within 15 days after the Draft EA 

becomes available to the public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), CSXT shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the Line. If 

consummation has not been effected by 

CSXT’s filing of a notice of 

consummation by November 17, 2024, 

and there are no legal or regulatory 

barriers to consummation, the authority 

to abandon will automatically expire. 

Board decisions and notices are 

available at www.stb.gov. 

Decided: November 14, 2023. 

By the Board, Mai T. Dinh, Director, Office 

of Proceedings. 

Stefan Rice, 

Clearance Clerk. 

[FR Doc. 2023–25474 Filed 11–16–23; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Random Drug and Alcohol Testing 

Percentage Rates of Covered Aviation 

Employees for the Period of January 1, 

2024, Through December 31, 2024 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: The FAA has determined that 

the minimum random drug and alcohol 

testing percentage rates for the period 

January 1, 2024, through December 31, 

2024, will remain at 25 percent of 

safety-sensitive employees for random 

drug testing and 10 percent of safetysensitive employees for random alcohol 

testing. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Vicky Dunne, Federal Aviation 

Administration, Office of Aerospace 

Medicine, Drug Abatement Division, 

Program Policy Branch; Email 

drugabatement@faa.gov; Telephone 

(202) 267–8442. 

SUPPLEMENTARY INFORMATION: 

Discussion: Pursuant to 14 CFR 

120.109(b), the FAA Administrator’s 

decision on whether to change the 

minimum annual random drug testing 

rate is based on the reported random 

drug test positive rate for the entire 

aviation industry. If the reported 

random drug test positive rate is less 

than 1.00%, the Administrator may 

continue the minimum random drug 

testing rate at 25%. In 2022, the random 

drug test positive rate was 0.786%. 

Therefore, the minimum random drug 

testing rate will remain at 25% for 

calendar year 2023. 

Similarly, 14 CFR 120.217(c), requires 

the decision on the minimum annual 

random alcohol testing rate to be based 

on the random alcohol test violation 

rate. If the violation rate remains less 

than 0.50%, the Administrator may 

continue the minimum random alcohol 

testing rate at 10%. In 2022, the random 

alcohol test violation rate was 0.150%. 

Therefore, the minimum random 

alcohol testing rate will remain at 10% 

for calendar year 2022. 

If you have questions about how the 

annual random testing percentage rates 

are determined, please refer to the Code 

of Federal Regulations title 14, section 

120.109(b) (for drug testing), and 

120.217(c) (for alcohol testing). 

Issued in Washington, DC. 

Susan Northrup, 

Federal Air Surgeon. 

[FR Doc. 2023–25488 Filed 11–16–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0214; FMCSA– 

2015–0116; FMCSA–2019–0030; FMCSA– 

2019–0031; FMCSA–2019–0033; FMCSA– 

2019–0034]. 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for seven 

individuals from the requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) that interstate 

commercial motor vehicle (CMV) 

drivers have ‘‘no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause loss of consciousness or any 

loss of ability to control a CMV.’’ The 

exemptions enable these individuals 

who have had one or more seizures and 

are taking anti-seizure medication to 

continue to operate CMVs in interstate 

commerce. 

DATES: The exemptions were applicable 

on October 4, 2023. The exemptions 

expire on October 4, 2025. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, FMCSA, DOT, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, (202) 366–4001, 

fmcsamedical@dot.gov. Office hours are 

from 8:30 a.m. to 5 p.m. ET Monday 

through Friday, except Federal holidays. 

If you have questions regarding viewing 

or submitting material to the docket, 

contact Dockets Operations, (202) 366– 

9826. 

SUPPLEMENTARY INFORMATION: 


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