Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Notices 42537 

1Although the map appended to the verified 

notice as Exhibit A–2 may not provide the detail 

called for under 49 CFR 1180.6(a)(6), the list of 

states provided under § 1180.6(a)(5) indicates that 

no other Class III railroad controlled by Omni-HGS 

operates in Indiana, where RRR proposes to operate. 

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

of Proceedings. 

Brendetta Jones, 

Clearance Clerk. 

[FR Doc. 2022–15196 Filed 7–14–22; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36626] 

OmniTRAX Holdings Combined, Inc., 

and HGS Railway Holdings, Inc.— 

Continuance in Control Exemption— 

Omni River Ridge, LLC d/b/a River 

Ridge Railroad 

OmniTRAX Holdings Combined, Inc. 

(OmniTRAX), and HGS Railway 

Holdings, Inc. (HGS) (collectively, 

Omni-HGS), both noncarriers, have filed 

a verified notice of exemption under 49 

CFR 1180.2(d)(2) to continue in control 

of Omni River Ridge, LLC d/b/a River 

Ridge Railroad (RRR), a noncarrier 

controlled by OmniTRAX, upon RRR’s 

becoming a Class III rail carrier. 

This transaction is related to a 

verified notice of exemption filed 

concurrently in Omni River Ridge, LLC 

d/b/a River Ridge Railroad—Operation 

Exemption—in Clark County, Ind., 

Docket No. FD 36625, in which RRR 

seeks to operate approximately 0.943 

miles of track that extends from a point 

of connection with a line of CSX 

Transportation, Inc., Hoosier 

Subdivision, Branch NABB BR, at 

milepost B 0041.950 at Charlestown, 

Ind., roughly southward for 4,980 feet to 

the north end of the wye track in Clark 

County, Ind. 

Omni-HGS states that it will continue 

in control of RRR upon RRRs becoming 

a railroad common carrier. According to 

the verified notice, OmniTRAX and 

HGS are under joint managerial and 

operational control. OmniTRAX 

currently controls 20 Class III rail 

carriers: Alabama & Tennessee River 

Railway, LLC; Brownsville & Rio Grande 

International Railway, LLC; Central 

Texas & Colorado River Railway, LLC; 

Chicago Rail Link, L.L.C.; Cleveland & 

Cuyahoga Railway, LLC; Fulton County 

Railway, LLC; Georgia & Florida 

Railway, LLC; Georgia Woodlands 

Railroad, L.L.C.; Great Western Railway 

of Colorado, L.L.C.; Illinois Railway, 

LLC; Kettle Falls International Railway, 

LLC; Manufacturers’ Junction Railway, 

L.L.C.; Nebraska, Kansas and Colorado 

Railway, LLC; The Newburgh & South 

Shore Railroad, LLC; Northern Ohio & 

Western Railway, L.L.C.; Panhandle 

Northern Railroad, L.L.C.; Peru 

Industrial Railroad, LLC; Sand Springs 

Railway Company; Stockton Terminal 

and Eastern Railroad; and The 

Winchester and Western Railroad 

Company. HGS controls two Class III 

railroads: HGS–ATN, LLC; and HGS– 

FCR, LLC. 

Omni-HGS represents that: (1) the rail 

line to be operated by RRR does not 

connect with the rail lines of any of the 

rail carriers controlled by Omni-HGS; 1

(2) the transaction is not part of a series 

of anticipated transactions that would 

result in such a connection; 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). 

The transaction may be consummated 

on or after July 29, 2022, the effective 

date of the exemption (30 days after the 

verified notice was filed). 

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 

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 July 22, 2022 (at 

least seven days before the exemption 

becomes effective). 

All pleadings, referring to Docket No. 

FD 36626, 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, one copy of each pleading 

must be served on Omni-HGS’s 

representative, Robert A. Wimbish, 

Fletcher & Sippel LLC, 29 North Wacker 

Drive, Suite 800, Chicago, IL 60606– 

3208. 

According to Omni-HGS, 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: July 12, 2022. 

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

of Proceedings. 

Raina White, 

Clearance Clerk. 

[FR Doc. 2022–15191 Filed 7–14–22; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36625] 

Omni River Ridge, LLC d/b/a River 

Ridge Railroad—Operation 

Exemption—in Clark County, Ind. 

Omni River Ridge, LLC d/b/a River 

Ridge Railroad (RRR), a noncarrier 

controlled by short line holding 

company OmniTRAX Holdings 

Combined, Inc. 

(OmniTRAX) has filed a verified 

notice of exemption pursuant to 49 CFR 

1150.31 to operate a segment of track 

that extends from a point of connection 

with a line of CSX Transportation, Inc., 

Hoosier Subdivision, Branch NABB BR, 

at milepost B 0041.950 at Charlestown, 

Ind., roughly southward for 4,980 feet to 

the north end of the wye track 

(proximate to Patrol Road), a distance of 

approximately 0.943 miles in Clark 

County, Ind. (the Line). 

This transaction is related to a 

concurrently filed verified notice of 

exemption in OmniTRAX Holdings 

Combined, Inc.—Continuance in 

Control Exemption—Omni River Ridge, 

LLC d/b/a River Ridge Railroad, Docket 

No. FD 36626, in which OmniTRAX and 

HGS Railway Holdings seek to continue 

in control of RRR upon RRR’s becoming 

a Class III rail carrier. 

According to the verified notice, the 

Line was historically used for noncommon carrier railroad purposes. RRR 

states that it has acquired the title to the 

assets that comprise the Line and seeks 

Board authorization to initiate railroad 

common carrier operations over the 

Line. 

RRR states that the proposed 

transaction does not involve any 

provision or agreement that would limit 

future interchange on the Line with a 

third-party connecting carrier. RRR 

certifies that its projected annual 

revenue will not exceed $5 million and 

that the proposed transaction will not 

result in RRR’s becoming a Class I or II 

rail carrier. 

The earliest this transaction may be 

consummated is July 29, 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) 


jspears on DSK121TN23PROD with NOTICES1