[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52608-52609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18436]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36635]


Patriot Rail Company LLC, SteelRiver Transport Ventures LLC, 
Global Diversified Infrastructure Fund (North America) LP, First State 
Infrastructure Managers (International) Limited, and Mitsubishi UFJ 
Financial Group, Inc.--Control Exemption--Pioneer Lines, Inc., et al.

    Patriot Rail Company LLC (Patriot), SteelRiver Transport Ventures 
LLC; Global Diversified Infrastructure Fund (North America) LP; First 
State Infrastructure Managers (International) Limited; and Mitsubishi 
UFJ Financial Group, Inc. (MUFG) (collectively, Patriot Rail), have 
filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
acquire control of 15 Class III rail carriers (the Pioneer Short Lines) 
\1\ controlled by Pioneer Lines, Inc. (Pioneer). Patriot Rail currently 
controls 16 Class III rail carriers (the Patriot Short Lines) in 14 
states.\2\
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    \1\ The verified notice lists the Pioneer Short Lines as 
follows: Alabama & Florida Railway Co., Inc.; Decatur Junction 
Railway Co.; Elkhart & Western Railroad Co.; Fort Smith Railroad 
Co.; The Garden City Western Railway, Inc.; Georgia Southern Railway 
Co.; Gettysburg & Northern Railroad Co.; Indiana Southwestern 
Railway Co.; Kendallville Terminal Railway Co.; Keokuk Junction 
Railway Co.; Keokuk Union Depot Co.; Michigan Southern Railroad Co.; 
Mississippi Central Railroad Co.; Pioneer Industrial Railway Co.; 
and Vandalia Railroad Co.
    \2\ The verified notice lists the Patriot Short Lines as 
follows: Columbia & Cowlitz Railway, LLC; DeQueen and Eastern 
Railroad, LLC; Georgia Northeastern Railroad Company, LLC; Golden 
Triangle Railroad, LLC; Kingman Terminal Railroad, LLC; Louisiana 
and North West Railroad Company, LLC; Merced County Central Valley 
Railroad, L.L.C.; Patriot Woods Railroad, LLC; Rarus Railway, LLC 
(d/b/a Butte, Anaconda & Pacific Railway Co.); Sacramento Valley 
Railroad, LLC; Salt Lake Garfield and Western Railway Company; 
Temple & Central Texas Railway, LLC; Tennessee Southern Railroad 
LLC; Texas, Oklahoma and Eastern Railroad, LLC; Utah Central Railway 
Company, LLC; and West Belt Railway LLC.

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[[Page 52609]]

    The transaction may be consummated on or after September 9, 2022, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    According to the verified notice, through a Stock Purchase 
Agreement, Patriot (an indirect holding of MUFG) will acquire a 
controlling interest in Pioneer, and, consequently, an indirect 
controlling interest in several Pioneer subsidiaries, including the 
Pioneer Short Lines.
    The verified notice indicates that: (1) none of the Patriot Short 
Lines connect with any of the Pioneer Short Lines; (2) the transaction 
is not part of a series of anticipated transactions that would connect 
any of the Patriot Short Lines or Pioneer Short Lines; and (3) the 
transaction does not involve a Class I rail carrier. The proposed 
transaction is therefore exempt from the prior approval requirements of 
49 U.S.C. 11323 pursuant to 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. 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 for stay must be filed no later than September 2, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36635, 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, one copy of each pleading must be served on 
Patriot Rail's representative, Robert A. Wimbish, Fletcher & Sipple 
LLC, 29 N Wacker Drive, Suite 800, Chicago, IL 60606.
    According to Patriot Rail, this action is categorically excluded 
from environmental review under 49 CFR 1105.6(c) and from historic 
reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 23, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2022-18436 Filed 8-25-22; 8:45 am]
BILLING CODE 4915-01-P