Petition for Extension of Waiver of Compliance, 76911-76912 [2024-21393]

Download as PDF Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices SURFACE TRANSPORTATION BOARD [Docket No. FD 36802] Macquarie Infrastructure Partners V GP, LLC, et al.—Control Exemption— Hondo Railway, LLC lotter on DSK11XQN23PROD with NOTICES1 Macquarie Infrastructure Partners V GP, LLC (MIP GP), a noncarrier, filed on behalf of Macquarie Infrastructure Partners V fund vehicle (MIP V), MIP V Rail, LLC (MIP Rail), Pinsly Holdco, LLC, and Pinsly Railroad Company, LLC (Pinsly),1 all noncarriers, a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire control of Hondo Railway, LLC (HRC), a Class III railroad currently owned by Mark Holland and Donald Lee.2 The verified notice states that, pursuant to an agreement dated August 27, 2024,3 Pinsly has agreed to acquire 100% of the equity interests of HRC. According to the verified notice, currently, Pinsly directly controls, and MIP GP, MIP V, MIP Rail, and Pinsley Holdco, LLC, indirectly control, six rail common carriers: Grenada Railroad, LLC; Florida Gulf & Atlantic Railroad, LLC; Camp Chase Rail, LLC; Chesapeake and Indiana Railroad, LLC; Vermilion Valley Railroad Company, LLC; and Pioneer Valley Railroad Company, LLC. MIP GP states that: (1) the line over which HRC operates does not connect with any of the railroads that would be in the same corporate family following the transaction; (2) the proposed transaction is not part of a series of anticipated transactions that would connect HRC with any railroad in the 1 The verified notice of exemption states that on May 1, 2024, Gulf & Atlantic Railways, LLC, was renamed Pinsly Railroad Company, LLC. Pinsly is wholly owned by Pinsly Holdco, LLC, which is wholly owned by MIP Rail, which is wholly owned, indirectly, by MIP V, which is controlled by MIP GP. According to the verified notice of exemption, as part of the overall transaction in this docket, Pinsly Holdco, LLC, a new noncarrier holding company will be placed between Pinsly and MIP Rail in the chain of control. The verified notice states that, ‘‘[b]ecause the inclusion of such an intermediate subsidiary does not constitute a change of control, no Board approval is required.’’ (Verified Notice 2 n.1 (citing Hainesport Transp. Grp., LLC—Corp. Fam. Transaction Exemption, FD 36184, slip op. at 1 (STB served May 24, 2018).) 2 HRC leases and operates approximately 13,200 feet of track in the vicinity of Hondo in Medina County, Tex. Hondo Ry.—Lease & Operation Exemption—Rail Line of S. Tex. Liquid Terminal, Inc., FD 34901 (STB served Aug. 16, 2006). In a concurrently filed notice of exemption in Hondo Railway—Acquisition Exemption—Rail Line of South Texas Liquid Terminal, Inc., Docket No. FD 36803, HRC seeks to convert its lease into fee ownership. 3 Public and confidential versions of the agreement were filed with the verified notice. The confidential version was submitted under seal concurrently with a motion for protective order, which was granted on September 10, 2024. VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 corporate family; 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). The effective date of the exemption will be established in a separate decision.4 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 to stay must be filed no later than September 23, 2024. All pleadings, referring to Docket No. FD 36802, 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, a copy of each pleading must be served on MIP GP’s representative, Terence M. Hynes, Sidley Austin LLP, 1501 K Street NW, Washington, DC 20005. According to MIP GP, this action is categorically 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: September 16, 2024. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. [FR Doc. 2024–21459 Filed 9–18–24; 8:45 am] BILLING CODE 4915–01–P 4 The verified notice was initially submitted on August 28, 2024. MIP GP filed supplements on September 10 and September 11, 2024. September 11, 2024, therefore, is considered the filing date for the purpose of calculating the effective date of the exemption. MIP GP, however, has requested that the effective date be advanced to no later than September 30, 2024, to avoid complications with respect to the closing of the transaction. This request will be addressed in a separate decision. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 76911 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2014–0014] Petition for Extension of Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter dated April 23, 2024, Texas & Eastern Railroad (TESR) petitioned the Federal Railroad Administration (FRA) for an extension of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 232 (Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of-Train Devices). The relevant Docket Number is FRA– 2014–0014. Specifically, TESR requests to extend the existing relief 1 that allows an extension of the time interval from 1 year to 2 years, to perform the clean, oil, test, and stencil inspection for the passenger equipment operated and equipped with UC and L types of brake valves. TESR operates 14 passenger coaches in excursion service at speeds of up to 30 miles per hour. In support of its request, TESR stated that the cars are presently in service and ‘‘have been maintained to the level of the old waiver.’’ A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested parties desire an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted at www.regulations.gov. Follow the online instructions for submitting comments. Communications received by November 18, 2024 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. 1 TESR is requesting relief pursuant to 49 CFR 232.17(b), Petitions for special approval of an alternative standard or test procedure. E:\FR\FM\19SEN1.SGM 19SEN1 76912 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices Anyone can search the electronic form of any written communications and comments received into any of the Department of Transportation’s (DOT) dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. 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 https:// www.transportation.gov/privacy. See also https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2024–21393 Filed 9–18–24; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2018–0049] lotter on DSK11XQN23PROD with NOTICES1 Petition for Extension of Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter dated August 1, 2024, BNSF Railway (BNSF) petitioned the Federal Railroad Administration (FRA) for an extension of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 232 (Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of-Train Devices). The relevant Docket Number is FRA–2018– 0049. Specifically, BNSF requests to extend the existing waiver, which provides BNSF certain relief from 49 CFR 232.15, Movement of defective equipment; 49 CFR 232.103(f), General requirements for all train brake systems; and 49 CFR 232.213, Extended haul trains; and a statutory exemption from the requirements of title 49, United States Code section 20303.1 BNSF stated that 1 By letter dated August 18, 2021, BNSF submitted a request to expand the scope of the waiver to include coal trains operating over the Pikes Peak Subdivision in Colorado and across the Sand Hills Subdivision in Nebraska. See https:// www.regulations.gov/document/FRA-2018-00490024. That request is pending. VerDate Sep<11>2014 16:59 Sep 18, 2024 Jkt 262001 the waiver supports BNSF’s Brake Health Effectiveness (BHE) program, which ‘‘increases the safety and efficiency of BNSF’s operations by using thermal detector technology that can gather significantly more data about the health of train brakes than can be collected from the visual inspections required by existing regulations.’’ The existing relief applies to trains operating on several locations on BNSF’s Southern Transcon and Northern Intermodal routes.2 In support of its request, BNSF explained that data from the BHE program has demonstrated ‘‘improved safety performance of brake systems’’ across the BNSF network. The program has also ‘‘increased employee safety by eliminating the potential for injury to inspection personnel due to slips, trips, or falls when performing intermediate brake tests or when setting out or repairing cars outside of mechanical or yard limits.’’ Additionally, BNSF noted that the BHE program is supported by BNSF’s union partners, specifically the Brotherhood of Railway Carmen, who has worked closely with BNSF. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested parties desire an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted at www.regulations.gov. Follow the online instructions for submitting comments. Communications received by November 18, 2024 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of the Department of Transportation’s (DOT) dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an 2 These routes are listed in condition 1 of FRA’s decision letter dated November 12, 2020. See https://www.regulations.gov/document/FRA-20180049-0017. PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. 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 https:// www.transportation.gov/privacy. See also https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2024–21397 Filed 9–18–24; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2018–0086] Petition for Extension of Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by letter dated April 23, 2024, Texas & Eastern Railroad (TESR) petitioned the Federal Railroad Administration (FRA) to extend a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR parts 215 (Railroad Freight Car Safety Standards) and 224 (Reflectorization of Rail Freight Rolling Stock). FRA assigned the petition Docket Number FRA–2018–0086. Specifically, TESR requested to extend the previous special approval pursuant to 49 CFR 215.203, Restricted cars, in this docket for 14 cars, which are more than 50 years from the dates of original construction. Petitioner also seeks relief from § 215.303, Stenciling of restricted cars, and part 224, reflectorization requirements, to use the cars as operating historic artifacts. In support of its request, TESR stated that tourist passenger operations run up to 30 miles per hour, and that TESR ‘‘exercises complete control of the operation and maintenance’’ of the subject cars. TESR added that the cars have not been interchanged in regular freight operations with other railroads and are primarily used for mobile storage. They are also used with steam and diesel locomotives in trains for photography, historic documentation, and film production. TESR explained E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Pages 76911-76912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21393]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0014]


Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by letter dated April 23, 
2024, Texas & Eastern Railroad (TESR) petitioned the Federal Railroad 
Administration (FRA) for an extension of a waiver of compliance from 
certain provisions of the Federal railroad safety regulations contained 
at 49 CFR part 232 (Brake System Safety Standards for Freight and Other 
Non-Passenger Trains and Equipment; End-of-Train Devices). The relevant 
Docket Number is FRA-2014-0014.
    Specifically, TESR requests to extend the existing relief \1\ that 
allows an extension of the time interval from 1 year to 2 years, to 
perform the clean, oil, test, and stencil inspection for the passenger 
equipment operated and equipped with UC and L types of brake valves. 
TESR operates 14 passenger coaches in excursion service at speeds of up 
to 30 miles per hour. In support of its request, TESR stated that the 
cars are presently in service and ``have been maintained to the level 
of the old waiver.''
---------------------------------------------------------------------------

    \1\ TESR is requesting relief pursuant to 49 CFR 232.17(b), 
Petitions for special approval of an alternative standard or test 
procedure.
---------------------------------------------------------------------------

    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested parties 
desire an opportunity for oral comment and a public hearing, they 
should notify FRA, in writing, before the end of the comment period and 
specify the basis for their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted at www.regulations.gov. 
Follow the online instructions for submitting comments.
    Communications received by November 18, 2024 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable.

[[Page 76912]]

    Anyone can search the electronic form of any written communications 
and comments received into any of the Department of Transportation's 
(DOT) dockets by the name of the individual submitting the comment (or 
signing the document, if submitted on behalf of an association, 
business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its processes. 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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2024-21393 Filed 9-18-24; 8:45 am]
BILLING CODE 4910-06-P
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