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