Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices 50753 

1 In that docket, MB Rail states that the rail line 

owned and operated by TransKentucky does not 

connect to any of the IB Carriers. MB Rail Verified 

Notice 1, Aug. 27, 2021, Midwest & Bluegrass Rail— 

Control Exemption—TransKentucky Transp. R.R., 

FD 36530. 

1MB Rail is receiving after-the-fact authorization 

to control the IB Carriers in a notice of exemption 

being served concurrently in Midwest & Bluegrass 

Rail, LLC—Control Exemption—Vermilion Valley 

Railway, FD 36413 (Sub-No. 1). 

notice of exemption pursuant to 49 CFR 

1180.2(d)(2) to control Vermilion Valley 

Railway Company, Inc., Camp Chase 

Rail, LLC, Youngstown & Southeastern 

Rail, LLC, and Chesapeake & Indiana 

Railroad Company (collectively, the IB 

Carriers). 

MB Rail states that it controls the IB 

Carriers through a management 

agreement, under which it provides dayto-day management services and 

oversight. (See Verified Notice 1–3; see 

also id., Ex. A at 1, 5 (management 

agreement became effective on January 

1, 2021).) A related entity (MB Rail IB, 

LLC) sought and obtained Board 

authorization for its control of the IB 

Carriers in 2020, but MB Rail did not. 

See MB Rail IB, LLC—Acquis. & 

Continuance in Control Exemption— 

Chesapeake & Ind. R.R., FD 36413 (STB 

served July 1, 2020). MB Rail now seeks 

after-the-fact authorization for its earlier 

acquisition of control. 

The exemption will become effective 

on September 25, 2021 (30 days after the 

verified notice was filed). 

According to the verified notice of 

exemption, MB Rail currently controls 

only the four IB Carriers. However, in a 

notice that is being served concurrently 

in Midwest & Bluegrass Rail—Control 

Exemption—TransKentucky 

Transportation Railroad, Docket No. FD 

36530, MB Rail is also being authorized 

to control TransKentucky 

Transportation Railroad, Inc. 

(TransKentucky).1

MB Rail represents that: (1) The IB 

Carriers do not connect to one another; 

(2) the transaction is not part of a series 

of anticipated transactions that would 

connect the IB Carriers with the rail 

lines of any carriers in MB Rail’s 

corporate family; and (3) the transaction 

does not involve a Class I rail carrier. 

The proposed transaction is therefore 

exempt from the prior approval 

requirements of 49 U.S.C. 11323 

pursuant to 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. Because this transaction 

involves Class III rail carriers only, the 

Board, under the statute, may not 

impose labor protective conditions for 

this transaction. 

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 September 17, 

2021 (at least seven days before the 

exemption becomes effective). 

All pleadings, referring to Docket No. 

FD 36413 (Sub-No. 1), should be filed 

with the Surface Transportation Board 

via e-filing on the Board’s website. In 

addition, one copy of each pleading 

must be served on MB Rail’s 

representative, Bradon J. Smith, Fletcher 

& Sippel LLC, 29 North Wacker Drive, 

Suite 800, Chicago, IL 60606. 

According to MB Rail, 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 7, 2021. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2021–19574 Filed 9–9–21; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36530] 

Midwest & Bluegrass Rail, LLC— 

Control Exemption—TransKentucky 

Transportation Railroad, Inc. 

Midwest & Bluegrass Rail, LLC (MB 

Rail), a noncarrier, has filed a verified 

notice of exemption pursuant to 49 CFR 

1180.2(d)(2) to acquire control of 

TransKentucky Transportation Railroad, 

Inc. (TransKentucky). 

MB Rail states that TransKentucky 

owns and operates a rail line in 

Kentucky. MB Rail originally sought 

authorization to control TransKentucky 

in another docket, Midwest & Bluegrass 

Rail, LLC—Control Exemption— 

TransKentucky Transportation 

Railroad, Docket No. FD 36475. On 

August 26, 2021, MB Rail filed a motion 

to withdraw the verified notice in 

Docket No. FD 36475. 

The transaction may be consummated 

on or after September 26, 2021, the 

effective date of the exemption (30 days 

after the verified notice was filed). 

According to the verified notice of 

exemption, MB Rail currently controls 

four Class III carriers: Vermilion Valley 

Railroad Co., Inc.; Camp Chase Rail, 

LLC; Youngstown & Southeastern Rail, 

LLC; and Chesapeake & Indiana 

Railroad Co., Inc. (collectively, the IB 

Carriers).1

The verified notice indicates that: (1) 

The rail line owned and operated by 

TransKentucky does not connect with 

the rail lines of any of the rail carriers 

in MB Rail’s corporate family; (2) the 

transaction is not part of a series of 

anticipated transactions that would 

connect the rail line owned and 

operated by TransKentucky with the rail 

lines of any carriers in MB Rail’s 

corporate family; and (3) the transaction 

does not involve a Class I rail carrier. 

The proposed transaction is therefore 

exempt from the prior approval 

requirements of 49 U.S.C. 11323 

pursuant to 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. Because this transaction 

involves Class III rail carriers only, the 

Board, under the statute, may not 

impose labor protective conditions for 

this transaction. 

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 September 17, 

2021 (at least seven days before the 

exemption becomes effective). 

All pleadings, referring to Docket No. 

FD 36530, should be filed with the 

Surface Transportation Board via efiling on the Board’s website. In 

addition, one copy of each pleading 

must be served on MB Rail’s 

representative, Bradon J. Smith, Fletcher 

& Sippel LLC, 29 North Wacker Drive, 

Suite 800, Chicago, IL 60606. 

According to MB Rail, 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 7, 2021. 


jbell on DSKJLSW7X2PROD with NOTICES
50754 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2021–19571 Filed 9–9–21; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36539] 

WRL LLC dba Rainier Rail—Lease and 

Operation Exemption—City of Tacoma 

Department of Public Works dba 

Tacoma Rail Mountain Division 

WRL LLC dba Rainier Rail (WRL), a 

Class III railroad, has filed a verified 

notice of exemption pursuant to 49 CFR 

1150.41 to lease from the City of 

Tacoma, Department of Public Works 

dba Tacoma Rail Mountain Division 

(Tacoma Rail) and operate an 

approximately 0.8-mile rail line 

between Tacoma Rail milepost 28.6 and 

milepost 27.8C near McKenna, in Pierce 

County, Wash. (the Line). 

WRL states that the Line was 

previously operated by Tacoma Rail. 

WRL states that it has reached an 

agreement with Tacoma Rail that will 

allow WRL to lease and operate the Line 

upon the exemption’s effective date. 

According to WRL, the proposed 

transaction does not involve any 

provision or agreement that would limit 

future interchange with a third-party 

connecting carrier. Further, WRL 

certifies that its projected annual 

revenue will not exceed $5 million and 

will not result in the creation of a Class 

I or II rail carrier. 

The earliest this transaction may be 

consummated is September 25, 2021, 

the effective date of the exemption (30 

days after the verified notice was filed). 

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 September 17, 

2021 (at least seven days before the 

exemption becomes effective). 

All pleadings, referring to Docket No. 

FD 36539, should be filed with the 

Surface Transportation Board via efiling on the Board’s website. In 

addition, a copy of each pleading must 

be served on WRL’s representative: 

James H.M. Savage, 22 Rockingham 

Court, Germantown, MD 20874. 

According to WRL, 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: September 7, 2021. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2021–19517 Filed 9–9–21; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. 2022–2124] 

Petition for Exemption; Summary of 

Petition Received; Choose Aerospace, 

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 

September 30, 2021. 

ADDRESSES: Send comments identified 

by docket number FAA–2021–0594 

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 

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: 

Sean O’Tormey, telephone number 202– 

267–4044, 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. 

Timothy R. Adams, 

Acting Executive Director, Office of 

Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2021–0594. 

Petitioner: Choose Aerospace, Inc. 

Section(s) of 14 CFR Affected: § 65.77. 

Description of Relief Sought: Choose 

Aerospace, Inc. is petitioning for an 

exemption from § 65.77 to the extent 

necessary to permit their students who 

have completed the non-certificated 

Choose Aerospace, Inc. aviation 

maintenance general curriculum to take 

the general written test requirement for 

a mechanic certificate as described in 

§ 65.75. 

[FR Doc. 2021–19540 Filed 9–9–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No.—2022–2089] 

Petition for Exemption; Summary of 

Petition Received; Alitalia Societa 

Aerea Italiana 

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 


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