Norfolk Southern Corporation and Norfolk Southern Railway Company-Acquisition of Control-Norfolk & Portsmouth Belt Line Railroad Company, 16056-16057 [2025-06471]

Download as PDF 16056 Federal Register / Vol. 90, No. 72 / Wednesday, April 16, 2025 / Notices reviews the completeness of organizations’ SSA–680 responses as one part of our careful analysis of their readiness to enter a health IT partnership with us. The respondents are healthcare providers and organizations exchanging information with the agency. Number of respondents Modality of completion SSA–680 .......................................... Frequency of response 10 Average burden per response (minutes) 1 Type of Request: Revision of an OMBapproved information collection. Estimated total annual burden (hours) 2,400 Average theoretical hourly cost amount (dollars) * 400 * $50.59 Total annual opportunity cost (dollars) ** ** $20,236 * We based these figures on average Healthcare Practitioners and Technical Occupations, as reported by Bureau of Labor Statistics data (Occupational Employment and Wage Statistics). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application. Dated: April 10, 2025. Naomi Sipple, Reports Clearance Officer, Social Security Administration. [FR Doc. 2025–06422 Filed 4–15–25; 8:45 am] BILLING CODE 4191–02–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36836] Norfolk Southern Corporation and Norfolk Southern Railway Company— Acquisition of Control—Norfolk & Portsmouth Belt Line Railroad Company Surface Transportation Board. Decision No. 3 in Docket No. FD 36836; Notice of Proposed Procedural Schedule and Request for Comments. AGENCY: ACTION: Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively, Applicants) are seeking Board approval to acquire control of Norfolk & Portsmouth Belt Line Railroad Company (NPBL). In this decision, the Board is publishing notice of the proposed procedural schedule, inviting public comments on that schedule, and designating 2023 as the year to be used for the impact analysis. DATES: Written comments on the proposed procedural schedule must be filed by April 28, 2025. ADDRESSES: Any filing submitted in this proceeding must be filed with the 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 filing must be sent (and may be sent by email only if service by email is acceptable to the recipient) to each of the following: (1) Secretary of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; (2) Attorney General of the United States, c/o Assistant Attorney General, Antitrust Division, Room 3109, Department of Justice, Washington, DC khammond on DSK9W7S144PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:33 Apr 15, 2025 Jkt 265001 20530; (3) Applicants’ representative, William Mullins, Mullins Law Group, PLLC, 2001 L Street NW, Suite 720, Washington, DC 20036; and (4) any other person designated as a Party of Record on the service list. FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245–0391. If you require an accommodation under the Americans with Disabilities Act, please call (202) 245–0245. SUPPLEMENTARY INFORMATION: On February 14, 2025, Applicants submitted a filing in which they sought Board approval for Applicants to acquire control of NPBL, a Class III rail carrier operating in Norfolk, Portsmouth, and Chesapeake, Va. (the Proposed Transaction). By decision served March 14, 2025, the Surface Transportation Board (Board) found that the Proposed Transaction was a ‘‘significant transaction’’ under 49 CFR 1180.2 and, among other things, directed Applicants to file a revised proposed procedural schedule reflecting that determination. See Norfolk S. Corp.—Acquis. of Control—Norfolk & Portsmouth Belt Line R.R. (Decision No. 2), FD 36836, slip op. at 7–9 (STB served Mar. 14, 2025). Applicants were also directed to indicate in their filing the year to be used for the impact analysis required for significant transactions and the approximate filing date of Applicants’ anticipated supplement. Id. at 9. On March 21, 2025, Applicants filed a revised motion, proposing a procedural schedule largely based off the schedule originally proposed by the Board in CSX Corp.—Control & Merger—Pan Am Sys., Inc., FD 36472 (STB served Apr. 22, 2021). (Applicants Revised Mot. 2, Mar. 21, 2025.) Applicants also contend that no environmental review is required for the Proposed Transaction and thus no environmental review is accounted for in the proposed schedule. Applicants propose the following timeline: PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 F 1 Application filed. F + 30 Board notice of acceptance of application to be published in the Federal Register.2 F + 40 Notices of intent to participate in this proceeding due. F + 60 Descriptions of anticipated responsive, including inconsistent, applications due. Petitions for waiver or clarification with respect to such applications due. Comments, protests, requests for conditions, and any other evidence and argument in opposition to the application or related transactions due. This includes any comments from the U.S. Department of Justice (DOJ) and U.S. Department of Transportation (USDOT). F + 90 Responsive, including inconsistent, applications due. F + 135 Responses to comments, protests, requests for conditions, and other opposition due, including to DOJ and USDOT filings. Responses to responsive, including inconsistent, applications due. Rebuttal in support of the application and related transactions due. Discovery closes. F + 165 Rebuttal in support of responsive, including inconsistent, applications due. 1 ‘‘F’’ designates the filing date of the supplement to perfect the application, and ‘‘F + n’’ means ‘‘n’’ days following that date. Applicants state that they anticipate filing the supplement on or shortly before June 14, 2025. (Applicants Revised Mot. 3 n.7, Mar. 21, 2025.) 2 Applicants also propose that discovery begin on this date. The Board, however, has permitted discovery after the initiation of a proceeding under 49 U.S.C. 11323 but before the filing of an application. See Canadian Pac. Ry.—Control—Kan. City S., FD 36500, slip op. at 4 (STB served Aug. 2, 2021); 49 CFR 1114.21(a) (‘‘Parties may obtain discovery under this subpart regarding any matter, not privileged, which is relevant to the subject matter involved in a proceeding other than an informal proceeding.’’). This approach is appropriate here, given the initiation of the proceeding and the treatment of Applicants’ February 14, 2025 submission as a pre-filing notification. E:\FR\FM\16APN1.SGM 16APN1 Federal Register / Vol. 90, No. 72 / Wednesday, April 16, 2025 / Notices TBD Public hearing (if necessary).3 F + 180 Final briefs due. (Close of evidentiary record.) F + 270 Service date of final decision. F + 300 Effective date of final decision. The Board invites all interested persons to submit written comments on the proposed procedural schedule. Comments must be filed by April 28, 2025. The proposed schedule is subject to change depending on the comments received or other circumstances. Additionally, the Board’s regulations require notice of the year to be used for the impact analysis required in significant transactions be published in the Federal Register. See 49 CFR 1180.4(b)(2)(ii). Applicants indicate that they intend to use 2023 as the base year.4 Accordingly, the Board will designate 2023 as the year to be used for the impact analysis. On March 28, 2025, CSX Transportation, Inc. (CSXT), filed a response to Applicants’ revised motion for a proposed procedural schedule. CSXT proposes certain modifications to the proposed procedural schedule, proposes that discovery should commence as of publication of the notice of Applicants’ intent to file, and opposes the establishment, at this time, of a closing date for discovery. (CSXT Response 2–9, Mar. 28, 2025.) Additionally, although CSXT states that it does not object to the base year selected by Applicants, it argues that the Board should reject Applicants’ supplement if it includes only base year data, without providing information to compare that data to a situation in which Applicants did not control NPBL. (Id. at 10–11.) CSXT also argues that it is too early for the Board to determine whether environmental review is required in this case. (Id. at 11.) Applicants responded to CSXT’s response by letter filed April 1, 2025. As noted above, supra note 2, the Board declines to propose a schedule that would limit the taking of discovery until the Board publishes a notice accepting the application. To the extent that CSXT’s response otherwise relates to the proposed procedural schedule, it khammond on DSK9W7S144PROD with NOTICES 3 The Board will decide whether to conduct a public hearing in a later decision after the record has been more fully developed. See 49 U.S.C. 11324(a) (‘‘The Board shall hold a public hearing unless the Board determines that a public hearing is not necessary in the public interest.’’). 4 Applicants state that they would prefer to use 2024 as the base year if waybill data for 2024 becomes available in time for use in this proceeding. (Applicants Revised Mot. 1 n.1, Mar. 21, 2025.) Any such request would be addressed in a future decision. VerDate Sep<11>2014 16:33 Apr 15, 2025 Jkt 265001 will be addressed following the comment period, along with any other comments the Board may receive on the proposed schedule. CSXT’s comments concerning the sufficiency of Applicants’ future presentation of data are beyond the scope of this decision, which serves only to notice and solicit comments on the proposed procedural schedule, as required by 49 CFR 1180.4(b)(4)(i). Accordingly, those arguments will be addressed, to the extent necessary, at a later date. The Board will also address environmental review issues in a subsequent decision. Decided: April 11, 2025. By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2025–06471 Filed 4–15–25; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No.: FAA–2024–2466; Summary Notice No. 2025–20] Petition for Exemption; Summary of Petition Received; Michael Gray Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice. AGENCY: 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. SUMMARY: Comments on this petition must identify the petition docket number and must be received on or before May 6, 2025. DATES: Send comments identified by docket number FAA–2024–2466 using any of the following methods: • Federal eRulemaking Portal: Go to https://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 ADDRESSES: PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 16057 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 https://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at https://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: Kara White, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. Telephone number: 202– 267–3793. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC. Dan Ngo, Manager, Part 11 Petitions Branch, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2024–2466. Petitioner: Michael Gray. Section(s) of 14 CFR Affected: § 61.160(b). Description of Relief Sought: Michael Gray is petitioning for relief from 14 CFR 61.160(b) to allow him to use his prior training and education experience to obtain the Restricted Air Transport Pilot certificate with a minimum of 1,000 hours of total time as a pilot. Mr. Gray is basing his request on his educational studies in the field of aviation as well as his vast experience and training working for a 14 CFR part 121 Air Carrier as an aircraft mechanic. [FR Doc. 2025–06038 Filed 4–15–25; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\16APN1.SGM 16APN1

Agencies

[Federal Register Volume 90, Number 72 (Wednesday, April 16, 2025)]
[Notices]
[Pages 16056-16057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06471]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36836]


Norfolk Southern Corporation and Norfolk Southern Railway 
Company--Acquisition of Control--Norfolk & Portsmouth Belt Line 
Railroad Company

AGENCY: Surface Transportation Board.

ACTION: Decision No. 3 in Docket No. FD 36836; Notice of Proposed 
Procedural Schedule and Request for Comments.

-----------------------------------------------------------------------

SUMMARY: Norfolk Southern Corporation and Norfolk Southern Railway 
Company (collectively, Applicants) are seeking Board approval to 
acquire control of Norfolk & Portsmouth Belt Line Railroad Company 
(NPBL). In this decision, the Board is publishing notice of the 
proposed procedural schedule, inviting public comments on that 
schedule, and designating 2023 as the year to be used for the impact 
analysis.

DATES: Written comments on the proposed procedural schedule must be 
filed by April 28, 2025.

ADDRESSES: Any filing submitted in this proceeding must be filed with 
the 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 filing must be sent (and may be sent by email only if 
service by email is acceptable to the recipient) to each of the 
following: (1) Secretary of Transportation, 1200 New Jersey Avenue SE, 
Washington, DC 20590; (2) Attorney General of the United States, c/o 
Assistant Attorney General, Antitrust Division, Room 3109, Department 
of Justice, Washington, DC 20530; (3) Applicants' representative, 
William Mullins, Mullins Law Group, PLLC, 2001 L Street NW, Suite 720, 
Washington, DC 20036; and (4) any other person designated as a Party of 
Record on the service list.

FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245-0391. If you 
require an accommodation under the Americans with Disabilities Act, 
please call (202) 245-0245.

SUPPLEMENTARY INFORMATION: On February 14, 2025, Applicants submitted a 
filing in which they sought Board approval for Applicants to acquire 
control of NPBL, a Class III rail carrier operating in Norfolk, 
Portsmouth, and Chesapeake, Va. (the Proposed Transaction). By decision 
served March 14, 2025, the Surface Transportation Board (Board) found 
that the Proposed Transaction was a ``significant transaction'' under 
49 CFR 1180.2 and, among other things, directed Applicants to file a 
revised proposed procedural schedule reflecting that determination. See 
Norfolk S. Corp.--Acquis. of Control--Norfolk & Portsmouth Belt Line 
R.R. (Decision No. 2), FD 36836, slip op. at 7-9 (STB served Mar. 14, 
2025). Applicants were also directed to indicate in their filing the 
year to be used for the impact analysis required for significant 
transactions and the approximate filing date of Applicants' anticipated 
supplement. Id. at 9.
    On March 21, 2025, Applicants filed a revised motion, proposing a 
procedural schedule largely based off the schedule originally proposed 
by the Board in CSX Corp.--Control & Merger--Pan Am Sys., Inc., FD 
36472 (STB served Apr. 22, 2021). (Applicants Revised Mot. 2, Mar. 21, 
2025.) Applicants also contend that no environmental review is required 
for the Proposed Transaction and thus no environmental review is 
accounted for in the proposed schedule. Applicants propose the 
following timeline:
    F \1\ Application filed.
---------------------------------------------------------------------------

    \1\ ``F'' designates the filing date of the supplement to 
perfect the application, and ``F + n'' means ``n'' days following 
that date. Applicants state that they anticipate filing the 
supplement on or shortly before June 14, 2025. (Applicants Revised 
Mot. 3 n.7, Mar. 21, 2025.)
---------------------------------------------------------------------------

    F + 30 Board notice of acceptance of application to be published in 
the Federal Register.\2\
---------------------------------------------------------------------------

    \2\ Applicants also propose that discovery begin on this date. 
The Board, however, has permitted discovery after the initiation of 
a proceeding under 49 U.S.C. 11323 but before the filing of an 
application. See Canadian Pac. Ry.--Control--Kan. City S., FD 36500, 
slip op. at 4 (STB served Aug. 2, 2021); 49 CFR 1114.21(a) 
(``Parties may obtain discovery under this subpart regarding any 
matter, not privileged, which is relevant to the subject matter 
involved in a proceeding other than an informal proceeding.''). This 
approach is appropriate here, given the initiation of the proceeding 
and the treatment of Applicants' February 14, 2025 submission as a 
pre-filing notification.
---------------------------------------------------------------------------

    F + 40 Notices of intent to participate in this proceeding due.
    F + 60 Descriptions of anticipated responsive, including 
inconsistent, applications due. Petitions for waiver or clarification 
with respect to such applications due.
    Comments, protests, requests for conditions, and any other evidence 
and argument in opposition to the application or related transactions 
due. This includes any comments from the U.S. Department of Justice 
(DOJ) and U.S. Department of Transportation (USDOT).
    F + 90 Responsive, including inconsistent, applications due.
    F + 135 Responses to comments, protests, requests for conditions, 
and other opposition due, including to DOJ and USDOT filings. Responses 
to responsive, including inconsistent, applications due. Rebuttal in 
support of the application and related transactions due. Discovery 
closes.
    F + 165 Rebuttal in support of responsive, including inconsistent, 
applications due.

[[Page 16057]]

    TBD Public hearing (if necessary).\3\
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    \3\ The Board will decide whether to conduct a public hearing in 
a later decision after the record has been more fully developed. See 
49 U.S.C. 11324(a) (``The Board shall hold a public hearing unless 
the Board determines that a public hearing is not necessary in the 
public interest.'').
---------------------------------------------------------------------------

    F + 180 Final briefs due. (Close of evidentiary record.)
    F + 270 Service date of final decision.
    F + 300 Effective date of final decision.
    The Board invites all interested persons to submit written comments 
on the proposed procedural schedule. Comments must be filed by April 
28, 2025. The proposed schedule is subject to change depending on the 
comments received or other circumstances.
    Additionally, the Board's regulations require notice of the year to 
be used for the impact analysis required in significant transactions be 
published in the Federal Register. See 49 CFR 1180.4(b)(2)(ii). 
Applicants indicate that they intend to use 2023 as the base year.\4\ 
Accordingly, the Board will designate 2023 as the year to be used for 
the impact analysis.
---------------------------------------------------------------------------

    \4\ Applicants state that they would prefer to use 2024 as the 
base year if waybill data for 2024 becomes available in time for use 
in this proceeding. (Applicants Revised Mot. 1 n.1, Mar. 21, 2025.) 
Any such request would be addressed in a future decision.
---------------------------------------------------------------------------

    On March 28, 2025, CSX Transportation, Inc. (CSXT), filed a 
response to Applicants' revised motion for a proposed procedural 
schedule. CSXT proposes certain modifications to the proposed 
procedural schedule, proposes that discovery should commence as of 
publication of the notice of Applicants' intent to file, and opposes 
the establishment, at this time, of a closing date for discovery. (CSXT 
Response 2-9, Mar. 28, 2025.) Additionally, although CSXT states that 
it does not object to the base year selected by Applicants, it argues 
that the Board should reject Applicants' supplement if it includes only 
base year data, without providing information to compare that data to a 
situation in which Applicants did not control NPBL. (Id. at 10-11.) 
CSXT also argues that it is too early for the Board to determine 
whether environmental review is required in this case. (Id. at 11.) 
Applicants responded to CSXT's response by letter filed April 1, 2025.
    As noted above, supra note 2, the Board declines to propose a 
schedule that would limit the taking of discovery until the Board 
publishes a notice accepting the application. To the extent that CSXT's 
response otherwise relates to the proposed procedural schedule, it will 
be addressed following the comment period, along with any other 
comments the Board may receive on the proposed schedule. CSXT's 
comments concerning the sufficiency of Applicants' future presentation 
of data are beyond the scope of this decision, which serves only to 
notice and solicit comments on the proposed procedural schedule, as 
required by 49 CFR 1180.4(b)(4)(i). Accordingly, those arguments will 
be addressed, to the extent necessary, at a later date. The Board will 
also address environmental review issues in a subsequent decision.

    Decided: April 11, 2025.

    By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2025-06471 Filed 4-15-25; 8:45 am]
BILLING CODE 4915-01-P
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