2470 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Notices 

1Although PRTF filed its verified notice of 

exemption on December 21, 2023, this transaction 

cannot be consummated until the related 

continuance in control authority in Docket No. FD 

36751 becomes effective. 

1These proceedings are not consolidated. A 

single decision is being issued for administrative 

convenience. 

interchange agreement with CSX 

Transportation, Inc. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in James K. Perry & W. 

Stinson Dean—Continuance in Control 

Exemption—Pioneer Rail & Transload 

of Hawthorne, Florida, a Division of 

Pioneer Storage Co. of Florida, LLC, 

Docket No. FD 36751, in which James K. 

Perry and W. Stinson Dean, noncarriers, 

seek to continue in control (by majority 

ownership) of PRTF, through their 

ownership of Pioneer Storage Company 

of Florida, LLC (PSCF), a noncarrier, 

upon PRTF becoming a common carrier. 

PRTF certifies that its annual 

projected revenues as a result of the 

transaction will not exceed those that 

would qualify it as a Class III carrier and 

will not exceed $5 million. PRTF also 

states that the operation agreement does 

not impose any interchange 

commitments on PRTF’s operations. 

The earliest this transaction may be 

consummated is January 27, 2024, the 

effective date of the exemption.1

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 January 19, 2024 

(at least seven days before the 

exemption becomes effective). 

All pleadings, referring to Docket No. 

FD 36748, 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 PRTF’s representative, 

Renner Jantz, Legal Counsel, Pioneer 

Rail & Transload of Hawthorne, Fla., a 

Division of Pioneer Storage Company of 

Florida, LLC, 223 Gordon Chapel Rd., 

Hawthorne, FL 32640. 

According to PRTF, 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: January 9, 2024. 

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

of Proceedings. 

Tammy Lowery, 

Clearance Clerk. 

[FR Doc. 2024–00571 Filed 1–11–24; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36751; Docket No. FD 

36752] 

James K. Perry and W. Stinson Dean— 

Continuance in Control Exemption— 

Pioneer Rail and Transload of 

Hawthorne, Fla. and Pioneer Rail and 

Transload of El Reno, Okla. 

James K. Perry and W. Stinson Dean 

(Pioneer Owners), noncarriers, have 

filed verified notices of exemption 

under 49 CFR 1180.2(d)(2) to continue 

in control (by majority ownership) of 

Pioneer Rail and Transload of 

Hawthorne, Fla. (PRTF), and Pioneer 

Rail and Transload of El Reno, Okla. 

(PRTO), through their ownership of 

Pioneer Storage Company of Florida, 

LLC (PSCF), and Pioneer Storage 

Company LLC (PSCO) respectively, both 

noncarriers, when PRTF and PRTO 

become common carriers.1

These transactions are related to two 

concurrently filed verified notices of 

exemption in Pioneer Rail & Transport 

of Hawthorne, Fla., a Division of Pioneer 

Storage Company of Florida, LLC— 

Operation Exemption—Line in 

Hawthorne, Fla., FD 36748, and Pioneer 

Rail & Transport of El Reno, Okla., a 

Division of Pioneer Storage Company, 

LLC—Operation Exemption—Line in El 

Reno, Okla., FD 36749. In those 

proceedings, PRTF seeks to operate over 

5,569 feet of existing railroad track in 

Hawthorne, Fla., and PRTO seeks to 

operate over 8,530 feet of existing 

railroad track in El Reno, Okla. 

According to the verified notice, the 

Pioneer Owners currently have indirect 

control of PRTO through their 

ownership of PSCO and currently have 

indirect control of PRTF through their 

ownership of PSCF. 

The notices indicate that (1) the lines 

PRTF and PRTO will operate do not 

connect with one another and there are 

no other railroads in the Pioneer 

Owners’ corporate family; (2) the 

continuance in control of PRTF and 

PRTF is not part of a series of 

anticipated transactions that would 

connect the lines with any other carriers 

in the Pioneer Owners’ corporate family; 

and (3) the proposed transactions do not 

involve a Class I rail carrier. Therefore, 

this transaction is exempt from the prior 

approval requirements of 49 U.S.C. 

11323. See 49 CFR 1180.2(d)(2). 

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. Accordingly, the Board may not 

impose labor protective conditions here 

because all of the carriers involved are 

Class III rail carriers. 

The earliest these transactions may be 

consummated is January 27, 2024, the 

effective date of the exemptions (30 

days after the verified notices were 

filed). If the verified notices contain 

false or misleading information, the 

exemptions are void ab initio. Petitions 

to revoke the exemptions 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 exemptions. 

Petitions to stay must be filed no later 

than January 19, 2024. 

All pleadings, referring to Docket No. 

FD 36751 and/or Docket No. FD 36752, 

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 Pioneer Owners’ counsel, 

Renner Jantz, Pioneer Rail & Transload 

of El Reno, OK, a Division of Pioneer 

Storage Company, LLC, 1200 N Grand 

Ave., El Reno, OK 73036. 

According to the Pioneer Owners, this 

action is excluded from environmental 

review under 49 CFR 1105.6(c) and from 

historic preservation reporting 

requirements under 49 CFR 

1105.8(b)(1). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: January 9, 2024. 

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

of Proceedings. 

Tammy Lowery, 

Clearance Clerk. 

[FR Doc. 2024–00574 Filed 1–11–24; 8:45 am] 

BILLING CODE 4915–01–P 


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