36358 Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Notices 

1Public and confidential versions of the Lease 

were filed with the verified notice. The confidential 

version was submitted under seal concurrently with 

a motion for protective order, which will be 

addressed in a separate decision. 

under 49 CFR 1180.2(d)(2) to continue 

in control of Kinston Railroad, LLC 

(KNR), a noncarrier, upon KNR’s 

becoming a Class III rail carrier. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in Kinston Railroad—Change 

in Operator Exemption—Kinston & 

Snow Hill Railroad, Docket No. FD 

36621. In that proceeding, KNR has filed 

a verified notice of exemption pursuant 

to 49 CFR 1150.31 to assume operation 

of approximately 5.7 miles of rail line 

currently operated by Kinston & Snow 

Hill Railroad Co., Inc. (KSHR), and 

owned by the North Carolina 

Department of Transportation (NCDOT), 

extending between milepost GTP–0.0 

(and a connection at that location to a 

North Carolina Railroad Company track) 

and milepost GTP–5.7 at the North 

Carolina Global TransPark (the Line), 

near Kinston, in Lenoir County, N.C. 

KNR will assume an existing lease of the 

Line, to be assigned to KNR by KSHR 

with NCDOT’s consent. 

Jaguar states that it will continue in 

control of KNR upon KNR’s becoming a 

railroad common carrier. According to 

the verified notice, OPTrust indirectly 

controls JTH, which directly controls 

JRH. JTH currently controls, indirectly: 

five Class III railroads directly 

controlled by JRH—Southwestern 

Railroad, Inc., Texas & Eastern Railroad, 

LLC, Wyoming and Colorado Railroad, 

Inc. (WYCO) (which also does business 

under the name Oregon Eastern 

Railroad), Missouri Eastern Railroad, 

LLC, and Charlotte Western Railroad, 

LLC; two Class III railroads indirectly 

controlled by JRH through WYCO— 

Cimarron Valley Railroad, L.C., and 

Washington Eastern Railroad, LLC; and 

one Class III railroad, West Memphis 

Base Railroad, L.L.C., which is 

indirectly controlled by JTH through its 

subsidiary Jaguar Transport, LLC. The 

lines of the rail carriers controlled by 

JTH and JRH are located in Arkansas, 

Colorado, Kansas, Missouri, New 

Mexico, North Carolina, Oklahoma, 

Oregon, Texas, and Washington. 

Jaguar states that: (1) the Line does 

not connect with any other rail lines 

operated by carriers controlled by 

Jaguar; (2) the continuance in control 

transaction is not part of a series of 

anticipated transactions that would 

connect the Line with any rail lines 

controlled by Jaguar or that would 

connect any of those rail lines with each 

other; 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). 

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. 

The earliest this transaction may be 

consummated is June 30, 2022, 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 to stay must be 

filed no later than June 23, 2022 (at least 

seven days before the exemption 

becomes effective). 

All pleadings, referring to Docket No. 

FD 36620, 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, a copy of each pleading must 

be served on Jaguar’s representative, 

Robert A. Wimbish, Fletcher & Sippel 

LLC, 29 North Wacker Drive, Suite 800, 

Chicago, IL 60606–3208. 

According to Jaguar, this action is 

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: June 13, 2022. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2022–13003 Filed 6–15–22; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36621] 

Kinston Railroad, LLC—Change in 

Operator Exemption—Kinston & Snow 

Hill Railroad Co., Inc. 

Kinston Railroad, LLC (KNR), a 

noncarrier, has filed a verified notice of 

exemption pursuant to 49 CFR 1150.31 

to assume operation of approximately 

5.7 miles of rail line near Kinston, 

Lenoir County, N.C., extending between 

milepost GTP–0.0 (and a connection at 

that location to a North Carolina 

Railroad Company track) and milepost 

GTP–5.7 at the North Carolina Global 

TransPark (the Line). The North 

Carolina Department of Transportation 

(NCDOT) owns the Line, and Kinston & 

Snow Hill Railroad Co., Inc. (KSHR), 

currently operates the Line pursuant to 

a 2015 lease with NCDOT (the 

Lease).1 See N.C. & Atl. R.R.—Lease & 

Operation Exemption—N.C. Dep’t of 

Transp., FD 36008 (STB served Mar. 25, 

2016); N.C. & Atl. R.R.—Lease & 

Operation Exemption—N.C. Dep’t of 

Transp., FD 36008 et al., (STB served 

Nov. 4, 2016) (providing notice that 

North Carolina & Atlantic Railroad Co., 

Inc., changed its name to Kinston & 

Snow Hill Railroad Co., Inc.). 

According to the verified notice, KNR 

has entered into an agreement with 

KSHR—with NCDOT’s consent—under 

which KSHR will assign its interest in 

the Lease to KNR, and KNR will 

commence common carrier operations 

over the Line in place of KSHR. Based 

on projected annual revenues for the 

Line, KNR expects to become a Class III 

rail carrier after consummation of the 

proposed transaction. 

This transaction is related to a 

concurrently filed verified notice in 

OPSEU Pension Plan Trust Fund— 

Continuance in Control Exemption— 

Kinston Railroad, Docket No. FD 36620, 

in which the filing parties seek to 

continue in control of KNR upon KNR’s 

becoming a Class III rail carrier. 

As required under 49 CFR 

1150.33(h)(1), KNR certifies in its 

verified notice that the proposed change 

of operator on the Line does not involve, 

and the Lease between NCDOT and 

KSHR does not include, any provision 

or agreement that may limit future 

interchange with a third-party 

connecting carrier. 

KNR certifies that its projected annual 

revenues as a result of the transaction 

will not exceed $5 million and will not 

result in the creation of a Class I or Class 

II rail carrier. Under 49 CFR 1150.32(b), 

a change in operator exemption requires 

that notice be given to shippers. KNR 

certifies that it has provided notice of 

the proposed change in operator to the 

shippers on the Line. 

The transaction may be consummated 

on or after June 30, 2022, 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) 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Notices 36359 

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 June 23, 2022 (at 

least seven days before the exemption 

becomes effective). 

All pleadings, referring to Docket No. 

FD 36621, 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, a copy of each pleading must 

be served on KNR’s representative, 

Robert A. Wimbish, Fletcher & Sippel 

LLC, 29 North Wacker Drive, Suite 800, 

Chicago, IL 60606–3208. 

According to KNR, this action is 

categorically excluded from historic 

preservation reporting requirements 

under 49 CFR 1105.8(b) and from 

environmental reporting requirements 

under 49 CFR 1105.6(c). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: June 13, 2022. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2022–13001 Filed 6–15–22; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration; 

Advanced Aviation Advisory 

Committee (AAAC); Renewal 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of renewal. 

SUMMARY: The FAA announces the 

charter renewal of the Advanced 

Aviation Advisory Committee (AAAC), 

a Federal advisory committee that works 

with industry, community stakeholders, 

and the public to improve the 

development of the FAA’s regulations. 

DATES: This charter will take effect June 

10, 2022, and will expire after two years 

unless it is renewed. 

FOR FURTHER INFORMATION CONTACT: Gary 

Kolb, UAS Integration Office, Federal 

Aviation Administration, 490 L’Enfant 

Plaza SW, Suite 2206, Washington, DC, 

telephone (202) 267–4441; email 

Gary.Kolb@faa.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 14(a)(2)(A) of the Federal 

Advisory Committee Act (Pub. L. 92– 

463), the FAA is giving notice of the 

charter renewal for the AAAC. The 

AAAC is a broad-based Federal advisory 

committee that provides the FAA with 

advice on key drone and advanced air 

mobility (AAM) integration issues by 

helping to identify challenges and 

prioritize improvements. The committee 

helps to create broad support for an 

overall integration strategy and vision. 

Membership comprises individuals who 

currently serve on an organization’s core 

senior leadership team with the ability 

to make decisions on UAS or AAMrelated matters. See the AAAC website 

for more information details on pending 

tasks at https://www.faa.gov/uas/ 

programs_partnerships/advanced_

aviation_advisory_committee/. 

Issued in Washington, DC. 

Jessica A. Orquina, 

Acting Manager, Executive Office, AUS–10, 

UAS Integration Office, Federal Aviation 

Administration. 

[FR Doc. 2022–13008 Filed 6–15–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0385; 

FMCSA–2014–0387; FMCSA–2018–0139; 

FMCSA–2019–0109] 

Qualification of Drivers; Exemption 

Applications; Hearing 

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 12 

individuals from the hearing 

requirement in the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

interstate commercial motor vehicle 

(CMV) drivers. The exemptions enable 

these hard of hearing and deaf 

individuals to continue to operate CMVs 

in interstate commerce. 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates provided 

below. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

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: 

I. Public Participation 

A. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2014–0385, FMCSA– 

2014–0387, FMCSA–2018–0139, or 

FMCSA–2019–0109 in the keyword box, 

and click ‘‘Search.’’ Next, sort the 

results by ‘‘Posted (Newer-Older),’’ 

choose the first notice listed, and click 

‘‘Browse Comments.’’ If you do not have 

access to the internet, you may view the 

docket online by visiting Dockets 

Operations in Room W12–140 on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, between 9 

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

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

B. Privacy Act 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

request. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

II. Background 

On October 1, 2021, FMCSA 

published a notice announcing its 

decision to renew exemptions for 12 

individuals from the hearing standard in 

49 CFR 391.41(b)(11) to operate a CMV 

in interstate commerce and requested 

comments from the public (86 FR 

54503). The public comment period 

ended on November 1, 2021, and no 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

renewing these exemptions would 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by complying with 

§ 391.41(b)(11). 

The physical qualification standard 

for drivers regarding hearing found in 

§ 391.41(b)(11) states that a person is 

physically qualified to drive a CMV if 

that person first perceives a forced 

whispered voice in the better ear at not 

less than 5 feet with or without the use 

of a hearing aid or, if tested by use of 

an audiometric device, does not have an 

average hearing loss in the better ear 

greater than 40 decibels at 500 Hz, 1,000 

Hz, and 2,000 Hz with or without a 

hearing aid when the audiometric 


khammond on DSKJM1Z7X2PROD with NOTICES