40578 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Notices 

11The Board notes that NSR amended its 

responsive application to address the criticisms 

raised by CSXT. As discussed, the Board finds the 

amended responsive application to be in substantial 

compliance with the applicable regulations. 

12Based on the environmental information 

submitted by CN regarding its responsive 

application, it appears that the thresholds triggering 

an environmental review under the Board’s 

regulations at 49 CFR 1105.6(b)(4) and 1105.7(e)(5) 

would be reached or exceeded. Therefore, the 

Board’s Office of Environmental Analysis (OEA) 

will conduct an environmental and historic review 

of CN’s responsive application that will be separate 

from, but conducted concurrently with, OEA’s 

ongoing environmental and historic review of the 

Transaction. NSR’s responsive application seeking 

trackage rights is categorically excluded from 

environmental and historic review under 49 CFR 

1105.6(c)(3) and 1105.8(b)(3). 

13This is consistent with another regulatory 

provision that appears to recognize that a minor/ 

significant determination will not be required for 

every responsive application. See 49 CFR 

1180.4(d)(4)(v) (‘‘Each responsive application filed 

and accepted (if required) is considered 

consolidated with the primary application.’’) 

14As the Board has previously explained, the 

definition of ‘‘minor’’ and ‘‘significant’’ transaction 

set out in 49 CFR 1180.2 is tied to the substantive 

approval standard at 49 U.S.C. 11324(d). See 

Decision No. 13, FD 36500 et al., slip op. at 3 n.5 

(citing R.R. Consol. Procs.: Definition of, & 

Requirements Applicable to, ‘‘Significant’’ 

Transactions, 9 I.C.C.2d 1198, 1199 (1993).) But 

whether the Board imposes the relief sought in a 

responsive application as a condition to this merger 

between two Class I railroads turns not on whether 

the proposed conditions meet the standard at 49 

U.S.C. 11324(d), but on whether they are justified 

and should be approved under the Board’s 

conditioning authority at 49 U.S.C. 11324(c). See 

Decision No. 13, FD 36500 et al., slip op. at 4 

(setting forth the criteria for imposing conditions to 

remedy competitive harm of the primary 

transaction). 

filed by CN and NSR to be in substantial 

compliance with the regulations under 

which they were filed 11 and finds no 

basis for rejecting them.12 The Board 

reserves the right to require 

supplemental information, if necessary. 

The Board further finds that it is not 

necessary to designate the proposed 

transactions as minor or significant. 

Although the agency has typically made 

such a determination for responsive 

applications, neither the statute nor the 

Board’s regulations require that such a 

determination be made for responsive 

applications that are not inconsistent 

with the primary application. Section 

11325 of title 49, which provides that 

control applications be published in the 

Federal Register with a determination 

of whether a merger is major, 

significant, or minor, (see 49 U.S.C. 

11325(a)), does require that inconsistent 

applications (a type of responsive 

application) and applications for 

inclusion in major mergers be filed 

within 90 days of the notice of the 

primary application, (see 49 U.S.C. 

11325(b)(2)), and the applicable merger 

regulations provide that responsive 

applications inconsistent with the 

primary application will be classified as 

major, significant, or minor, (see 49 CFR 

1180.4(d)(4)(ii)). But the regulations 

make no such reference with regard to 

responsive applications that are not 

inconsistent with the primary 

application.13 Although the Board 

previously indicated that it would 

classify the responsive applications 

filed in this proceeding as minor or 

significant, see Canadian Pac. Ry.— 

Control—Kan. City S. (Decision No. 13), 

FD 36500 et al., slip op. at 3–4 (STB 

served Feb. 18, 2022), based on the 

analysis discussed above, we now find 

that such a determination is not 

necessary.14 Notice of the responsive 

applications will be published in the 

Federal Register to ensure that all 

parties are aware of them. 

Access to Filings. Under the Board’s 

rules, any document filed with the 

Board (including applications, 

pleadings, etc.) shall be promptly 

furnished to interested persons on 

request, unless subject to a protective 

order. 49 CFR 1180.4(a)(3) (2000). The 

responsive applications and other 

filings in this proceeding will be 

furnished to interested persons upon 

request and will also be available on the 

Board’s website at www.stb.gov. In 

addition, the responsive filings may be 

obtained upon request from the 

responsive applicants’ representatives 

named above. 

Proceedings Consolidated. The 

responsive filings in Docket Nos. FD 

36500 (Sub-No. 1), FD 36500 (Sub-No. 

2), FD 36500 (Sub-No. 3), FD 36500 

(Sub-No. 4), and FD 36500 (Sub-No. 5) 

are consolidated for disposition with the 

primary application in Docket No. FD 

36500. 

Comments may be Submitted. 

Interested persons may participate 

formally by submitting written 

comments regarding any or all of these 

responsive filings, subject to the service 

requirements specified above. Such 

comments must be filed with the Board 

by July 12, 2022. Comments must 

include the following: the commenter’s 

position in support of or in opposition 

to the transaction proposed in the 

responsive filing; any and all evidence, 

including verified statements, in 

support of or in opposition to the 

proposed transaction; and specific 

reasons why approval of the proposed 

transaction would or would not be in 

the public interest. 

Requests for Affirmative Relief will 

not be Accepted. Because the responsive 

applications accepted for consideration 

in this decision contain proposed 

conditions to approval of the primary 

application in Docket No. FD 36500, the 

Board will not entertain requests for 

affirmative relief with respect to these 

responsive applications. Parties may 

only participate in direct support of or 

in direct opposition to these responsive 

applications as filed. 

It is ordered: 

1. The responsive applications in 

Docket Nos. FD 36500 (Sub-No. 1), FD 

36500 (Sub-No. 2), FD 36500 (Sub-No. 

3), FD 36500 (Sub-No. 4), and FD 36500 

(Sub-No. 5) are accepted for 

consideration and are consolidated for 

disposition with the primary 

application in Docket No. FD 36500. 

2. This decision is effective on its 

service date. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Raina White, 

Clearance Clerk. 

[FR Doc. 2022–14503 Filed 7–6–22; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2022–0363, Notice No. 63– 

22–01] 

Notice of Intent To Designate as 

Abandoned Emerald Enterprises LTD. 

Type Certificate No. A9WE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of intent to designate 

Emerald Enterprises LTD. type 

certificate as abandoned; request for 

comments. 

SUMMARY: This notice announces the 

FAA’s intent to designate Emerald 

Enterprises LTD. Type Certificate (TC) 

No. A9WE as abandoned and make the 

related engineering data available upon 

request. The FAA has received a request 

to provide engineering data concerning 

this TC. The FAA has been unsuccessful 

in contacting Emerald Enterprises LTD. 

concerning the TC. This action is 

intended to enhance aviation safety. 

DATES: The FAA must receive all 

comments by January 3, 2023. 

ADDRESSES: You may send comments on 

this notice by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Manuel Hernandez, AIR–792, 

Federal Aviation Administration, Los 

Angeles ACO Branch, 3960 Paramount 

Boulevard, Suite 100 Lakewood, CA 

90712–4137. 

• Email: Manuel.F.Hernandez@

faa.gov. Include ‘‘Docket No. FAA– 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Notices 40579 

2022–0363, Notice No. 63–22–01’’ in the 

subject line of the message. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Manuel Hernandez, Aerospace 

Engineer, Federal Aviation 

Administration, Los Angeles ACO 

Branch, 3960 Paramount Boulevard, 

Suite 100 Lakewood, CA 90712–4137; 

telephone (562) 627–5256; email 

Manuel.F.Hernandez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested parties to 

provide comments, written data, views, 

or arguments relating to this notice. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2022–0363, 

Notice No. 63–22–01’’ at the beginning 

of your comments. The FAA will 

consider all comments received on or 

before the closing date. All comments 

received will be available in the docket 

for examination by interested persons. 

Background 

The FAA is posting this notice to 

inform the public that the FAA intends 

to designate Emerald Enterprises LTD. 

TC No. A9WE for the Wing Aircraft 

Model D–1 airplane as abandoned and 

subsequently release the related 

engineering data. 

The FAA has received a third-party 

request for the release of data for the 

Wing Aircraft Model D–1 airplane under 

the provisions of the Freedom of 

Information Act (FOIA), 5 U.S.C. 552. 

The FAA cannot release commercial or 

financial information, such as the 

requested data, under FOIA without the 

permission of the data owner. However, 

in accordance with title 49 of the United 

States Code § 44704(a)(5), the FAA can 

make TC ‘‘engineering data’’ in 

possession of the FAA available upon 

request if the FAA determines that the 

TC has been inactive for 3 or more years 

and, using due diligence, the FAA is 

unable to locate the owner of record or 

the owner of record’s heir. There has 

been no activity on this TC for more 

than 3 years. 

On November 3, 2021, the FAA sent 

a registered letter to Emerald Enterprises 

LTD. c/o Hillyer & Irwin, at its last 

known address, 550 West C St. 16th 

Floor, San Diego, CA 92101. The letter 

informed Emerald Enterprises LTD. that 

the FAA had received a request for 

engineering data related to TC No. 

A9WE and was conducting a due 

diligence search to determine whether 

the TC was inactive and may be 

considered abandoned. The letter 

further requested that Emerald 

Enterprises LTD. respond in writing 

within 60 days and state whether it is 

the holder of the TC. The FAA has also 

attempted to make contact with Emerald 

Enterprises LTD. by other means, 

including telephone communication 

and emails, but without success. 

Information Requested 

If you are the owner or heir or a 

transferee of TC No. A9WE or have any 

knowledge regarding who may now 

hold TC No. A9WE, please contact 

Manuel Hernandez using a method 

described in this notice under FOR

FURTHER INFORMATION CONTACT. If you 

are the heir of the owner or the owner 

by transfer of TC No. A9WE, you must 

provide a notarized copy of your 

government-issued identification with a 

letter and background establishing your 

ownership of the TC and, if applicable, 

your relationship as the heir to the 

deceased holder of the TC. 

Conclusion 

If the FAA does not receive any 

response by January 3, 2023, the FAA 

will consider TC No. A9WE abandoned 

and the FAA will proceed with the 

release of the requested data. This 

action is for the purpose of maintaining 

the airworthiness of an aircraft and 

enhancing aviation safety. 

Issued on June 30, 2022. 

Christina Underwood, 

Acting Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–14413 Filed 7–6–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2022–0913] 

Agency Information Collection 

Activities: Requests for Comments; 

Clearance of a Renewed Approval of 

Information Collection: Helicopter Air 

Ambulance, Commercial Helicopter, 

and Part 91 Helicopter Operations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, FAA 

invites public comments about our 

intention to request the Office of 

Management and Budget (OMB) 

approval to renew an information 

collection. The collection involves 

information related to rules governing 

Helicopter Air Ambulance, Commercial 

Helicopter, and Part 91 Helicopter 

Operations. The information to be 

collected supports the Department of 

Transportation’s strategic goal of safety. 

Specifically, the goal is to promote the 

public health and safety by working 

toward the elimination of 

transportation-related deaths and 

injuries. 

DATES: Written comments should be 

submitted by September 6, 2022. 

ADDRESSES: Please send written 

comments: 

By Electronic Docket: 

www.regulations.gov (Enter docket 

number into search field). 

By mail: Sandra L. Ray, 1187 Thorn 

Run Road, Suite 200, Coraopolis, PA 

15108. 

By fax: 412–239–3063. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Luipersbeck by email at: 

Thomas.A.Luipersbeck@faa.gov; phone: 

615–202–9683. 

SUPPLEMENTARY INFORMATION:

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including (a) 

Whether the proposed collection of 

information is necessary for FAA’s 

performance; (b) the accuracy of the 

estimated burden; (c) ways for FAA to 

enhance the quality, utility and clarity 

of the information collection; and (d) 

ways that the burden could be 

minimized without reducing the quality 

of the collected information. The agency 

will summarize and/or include your 

comments in the request for OMB’s 

clearance of this information collection. 

OMB Control Number: 2120–0756. 

Title: Helicopter Air Ambulance, 

Commercial Helicopter, and Part 91 

Helicopter Operations. 

Form Numbers: 2120–0756, 

Helicopter Air Ambulance Mandatory 

Flight Information Report. 

Type of Review: Renewal of an 

information collection. 

Background: These requirements in 

part 135 are addressed specifically to 

helicopter air ambulances, often referred 

to as emergency medical services (EMS), 

and to on-demand operations including 

overwater operations. The National 

Transportation Safety Board 

recommended several changes following 

accident investigations. The FAA aims 

to improve the safety record of 

helicopter air ambulances through better 

oversight of their operations. The FAA 

will use the information it collects and 

reviews to ensure compliance and 

adherence with regulations and, if 

necessary, to take enforcement action on 

violators of the regulations. 


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