Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 76911 

1The 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).) 

2HRC 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. 

3Public 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. 

4The 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. 

1TESR is requesting relief pursuant to 49 CFR 

232.17(b), Petitions for special approval of an 

alternative standard or test procedure. 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36802] 

Macquarie Infrastructure Partners V 

GP, LLC, et al.—Control Exemption— 

Hondo Railway, LLC 

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 

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 

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. 


lotter on DSK11XQN23PROD with NOTICES1
76912 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 

1By 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-2018-0049- 

0024. That request is pending. 

2These routes are listed in condition 1 of FRA’s 

decision letter dated November 12, 2020. See 

https://www.regulations.gov/document/FRA-2018- 

0049-0017. 

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] 

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 

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 

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 


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