89804 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Notices 

2Petitioners note that pursuant to an agreement 

with the Town of North Judson, the Hoosier Valley 

Railroad Museum operates excursion trains on the 

5.45-mile segment over which freight rail service 

has been discontinued. (Id. at 4 n.10.) Petitioners 

further state that the Museum will continue to have 

the right to provide excursion passenger service on 

that segment. (Id. at 12 n.15.) 

3Petitioners explain that the proposed transaction 

does not qualify for the class exemption under 49 

CFR 1180.2(d)(2) because the class exemption is 

unavailable when one or more railroads in an 

existing corporate family would connect with the 

railroad being acquired. (Id. at 4.) Here, because 

CKIN’s leasehold interest does not overlap entirely 

with the line owned by NIRC, Petitioners have 

concluded that there is a point of connection. (Id. 

at 4–5.) 

4 Given this finding, the Board need not 

determine whether the transaction is limited in 

scope. See 49 U.S.C. 10502(a). 

Grenada Railroad, LLC; and Florida, 

Gulf & Atlantic Railroad, LLC. See 

Macquarie Infrastructure Partners V GP, 

LLC—Control Exemption—Camp Chase 

Rail, LLC, FD 36685 (STB served Apr. 7, 

2023). G&A has also been authorized to 

directly control (and MIP GP, MIP V, 

and MIP Rail authorized to indirectly 

control) the Pioneer Valley Railroad 

Company. See Macquarie Infrastructure 

Partners V GP, LLC—Control 

Exemption—Pioneer Valley R.R., FD 

36720 (STB served Sept. 13, 2023). 

Pursuant to a purchase agreement 

dated March 17, 2023, G&A has agreed 

to acquire 100% of the equity interests 

in NIRC. Upon consummation of this 

transaction, G&A would directly control 

NIRC, while MIP GP, MIP V, and MIP 

Rail would indirectly control NIRC. 

(Pet. 5.) According to the petition, NIRC 

owns 32.97 miles of rail line in Indiana, 

but has never conducted freight rail 

operations over the line. (Id. at 4.) CKIN 

(which is controlled by G&A) has leased 

and operated the NIRC line since 2004. 

(Id.) Currently, CKIN leases and 

operates 27.52 miles of line from NIRC 

because CKIN discontinued service over 

the remaining 5.45-mile segment in 

2017. (Id.) Petitioners state that the 5.45- 

mile segment remains part of the 

national rail network, but there have not 

been any freight operations over that 

segment since at least 2015.2

In support of the petition, Petitioners 

assert that the transaction will bring 

G&A’s financial strength and 

management expertise to NIRC, unite 

ownership and operation of the line in 

the same corporate family, and enhance 

NIRC’s access to capital, thereby 

‘‘facilitating future strategic investment 

decisions with respect to the line.’’ (Id. 

at 7.) Petitioners state that the 

transaction will not affect operations or 

service to customers because CKIN 

already serves those customers under its 

lease agreement with NIRC.3 (Id. at 11– 

12.) 

Discussion and Conclusions 

The acquisition of control of a rail 

carrier by a person that is not a rail 

carrier but that controls any number of 

rail carriers requires prior approval from 

the Board under 49 U.S.C. 11323(a)(5). 

Under 49 U.S.C. 10502(a), however, the 

Board shall, to the maximum extent 

possible, exempt a transaction or service 

from regulation upon finding that (1) the 

regulation is not necessary to carry out 

the rail transportation policy (RTP) 

under 49 U.S.C. 10101 and (2) either the 

transaction or service is of limited 

scope, or regulation is not needed to 

protect shippers from the abuse of 

market power. 

In this case, an exemption from the 

prior approval requirements of 49 U.S.C. 

11323–25 is consistent with the 

standards of 49 U.S.C. 10502. Detailed 

scrutiny of the proposed transaction 

through an application for review and 

approval under sections 11323–25 is not 

necessary to carry out the RTP. An 

exemption would promote the RTP by 

minimizing the need for federal 

regulatory control over the transaction, 

49 U.S.C. 10101(2), and providing for 

the expeditious resolution of this 

proceeding, 49 U.S.C. 10101(15). 

Further, Petitioners assert that 

consolidated ownership and operation 

of the line within the same corporate 

family will improve operating 

economies and the financial viability of 

the line. (Pet. 7). Therefore, an 

exemption would promote the RTP by 

promoting a safe and efficient rail 

transportation system, 49 U.S.C. 

10101(3); ensuring the development and 

continuation of a sound rail 

transportation system that would 

continue to meet the needs of the 

public, 49 U.S.C. 10101(4); and fostering 

sound economic conditions in 

transportation, 49 U.S.C. 10101(5). 

Other aspects of the RTP would not be 

adversely affected. 

Regulation of the transaction is not 

needed to protect shippers from abuse 

of market power.4 The record indicates 

that NIRC does not conduct freight rail 

operations, and most of its line is 

currently operated by CKIN pursuant to 

a lease. (Pet. 4.) Petitioners state that 

‘‘th[e]se leasehold operations will 

continue without change.’’ (Id. at 13.) 

Thus, the proposed transaction will not 

result in any material changes to the 

rates and services available to shippers 

along NIRC’s line. Moreover, no shipper 

or other entity has objected to the 

proposed transaction. 

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. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III 

carriers. Therefore, because all of the 

carriers involved in the transaction are 

Class III carriers, the Board may not 

impose labor protective conditions. 

Under 49 CFR 1105.6(c)(1), this 

action, which will not result in 

significant changes in carrier operations, 

is categorically excluded from 

environmental review. Similarly, under 

49 CFR 1105.8(b)(1), no historic report 

is required because the subject 

transaction is for continued rail service; 

Petitioners have indicated no plans to 

alter railroad properties 50 years old or 

older; and any future abandonment of 

the Line would be subject to Board 

jurisdiction. 

It is ordered: 

1. Under 49 U.S.C. 10502, the Board 

exempts the above transaction from the 

prior approval requirements of 49 U.S.C. 

11323–25. 

2. Notice of this exemption will be 

published in the Federal Register. 

3. This decision will be effective on 

January 21, 2024. Petitions for stay must 

be filed by January 2, 2024. Petitions to 

reopen must be filed by January 11, 

2024. 

Decided: December 21, 2023. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2023–28716 Filed 12–27–23; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2023–0229] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: White Lightning (Motor); 

Invitation for Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to issue coastwise 

endorsement eligibility determinations 

for foreign-built vessels which will carry 

no more than twelve passengers for hire. 

A request for such a determination has 

been received by MARAD. By this 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Notices 89805 

notice, MARAD seeks comments from 

interested parties as to any effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. Information about the 

requestor’s vessel, including a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

January 29, 2024. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2023–0229 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Search 

MARAD–2023–0229 and follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: Docket 

Management Facility is in the West 

Building, Ground Floor of the U.S. 

Department of Transportation. The 

Docket Management Facility location 

address is U.S. Department of 

Transportation, MARAD–2023–0229, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except on 

Federal holidays. 

Note: If you mail or hand-deliver your 

comments, we recommend that you 

include your name and a mailing 

address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

Instructions: All submissions received 

must include the agency name and 

specific docket number. All comments 

received will be posted without change 

to the docket at www.regulations.gov, 

including any personal information 

provided. For detailed instructions on 

submitting comments, or to submit 

comments that are confidential in 

nature, see the section entitled Public 

Participation. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Hagerty, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–461, 

Washington, DC 20590. Telephone: 

(202) 366–0903. Email patricia.hagerty@

dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described in the application, the 

intended service of the vessel White 

Lightning is: 

Intended Commercial Use of Vessel: 

Requester intends to use the boat for 

passenger vessel charters. 

Geographic Region Including Base of 

Operations: Alaska, California, 

Washington. Base of Operations: Mercer 

Island, WA. 

Vessel Length and Type: 85′ 

Catamaran. 

The complete application is available 

for review identified in the DOT docket 

as MARAD 2023–0229 at https://

www.regulations.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the employment of the vessel 

in the coastwise trade to carry no more 

than 12 passengers will have an unduly 

adverse effect on a U.S.-vessel builder or 

a business that uses U.S.-flag vessels in 

that business, MARAD will not issue an 

approval of the vessel’s coastwise 

endorsement eligibility. Comments 

should refer to the vessel name, state the 

commenter’s interest in the application, 

and address the eligibility criteria given 

in section 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Public Participation 

How do I submit comments? 

Please submit your comments, 

including the attachments, following the 

instructions provided under the above 

heading entitled ADDRESSES. Be advised 

that it may take a few hours or even 

days for your comment to be reflected 

on the docket. In addition, your 

comments must be written in English. 

We encourage you to provide concise 

comments and you may attach 

additional documents as necessary. 

There is no limit on the length of the 

attachments. 

Where do I go to read public comments, 

and find supporting information? 

Go to the docket online at https://

www.regulations.gov, keyword search 

MARAD–2023–0229 or visit the Docket 

Management Facility (see ADDRESSES for 

hours of operation). We recommend that 

you periodically check the Docket for 

new submissions and supporting 

material. 

Will my comments be made available to 

the public? 

Yes. Be aware that your entire 

comment, including your personal 

identifying information, will be made 

publicly available. 

May I submit comments confidentially? 

If you wish to submit comments 

under a claim of confidentiality, you 

should submit the information you 

claim to be confidential commercial 

information by email to SmallVessels@

dot.gov. Include in the email subject 

heading ‘‘Contains Confidential 

Commercial Information’’ or ‘‘Contains 

CCI’’ and state in your submission, with 

specificity, the basis for any such 

confidential claim highlighting or 

denoting the CCI portions. If possible, 

please provide a summary of your 

submission that can be made available 

to the public. 

In the event MARAD receives a 

Freedom of Information Act (FOIA) 

request for the information, procedures 

described in the Department’s FOIA 

regulation at 49 CFR 7.29 will be 

followed. Only information that is 

ultimately determined to be confidential 

under those procedures will be exempt 

from disclosure under FOIA. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). For information on DOT’s 

compliance with the Privacy Act, please 

visit https://www.transportation.gov/ 

privacy. 

(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 

46 U.S.C. 12121) 

By Order of the Maritime Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2023–28638 Filed 12–27–23; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2023–0227] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: ODIN (Motor); Invitation for 

Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to issue coastwise 

endorsement eligibility determinations 

for foreign-built vessels which will carry 

no more than twelve passengers for hire. 

A request for such a determination has 

been received by MARAD. By this 

notice, MARAD seeks comments from 

interested parties as to any effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. Information about the 

requestor’s vessel, including a brief 

description of the proposed service, is 

listed below. 


khammond on DSKJM1Z7X2PROD with NOTICES