[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Page 43930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15671]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36628]


Trans-Global Solutions, Inc.--Continuance in Control Exemption--
TGS Cedar Port Railroad LLC

    Trans-Global Solutions Inc. (TGSI), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in 
control TGS Cedar Port Railroad LLC (TGSC), a noncarrier controlled by 
TGSI, upon TGSC's becoming a Class III rail carrier. According to the 
verified notice, the proposed transaction will allow TGSI to continue 
to exercise common control of TGSC and one other rail carrier, Austin 
Area Terminal Railroad, Inc. (AATR).
    This transaction is related to a concurrently filed verified notice 
of exemption in TGS Cedar Port Railroad LLC--Operation Exemption--in 
Chambers County, Tex., Docket No. FD 36627, in which TGSC seeks to 
begin common carrier operations over approximately 1.28 miles of 
presently unregulated track in Chambers County, Tex.
    The verified notice states that TGSI controls AATR, a Class III 
railroad that retains operating authority on certain rail lines in and 
around Austin, Tex.\1\ TGSI certifies the proposed transaction does not 
include a provision restricting future interchange with a third-party 
connecting carrier.
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    \1\ See Austin W. R.R.--Operation Exemption--Cap. Metro. Transp. 
Auth., FD 35072 (STB served Sept. 14, 2007); Austin Area Terminal 
R.R.--Change in Operators Exemption--Trans-Glob. Sols., Inc., FD 
33972 (STB served Dec. 20, 2002). TGSI asserts that the lines over 
which AATR used to operate are now exclusively operated by Austin 
Western Railroad, Inc., and that AATR intends to seek discontinuance 
authority in the future.
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    TGSI represents that: (1) the rail line to be operated by TGSC 
would not connect with the tracks over which AATR retains operating 
authority; (2) the control 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 August 6, 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 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 July 29, 2022 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36628, must be filed with 
the Surface Transportation Board either via e-filing 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 
TGSI's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to TGSI, 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 18, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2022-15671 Filed 7-21-22; 8:45 am]
BILLING CODE 4915-01-P