Fortress Investment Group LLC-Continuance in Control Exemption-Florida East Coast Railway, L.L.C. and Central Maine & Quebec Railway US Inc., 11498-11499 [2014-04461]

Download as PDF 11498 Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Notices 60 days before this exemption is to become effective, to send notice of the transaction to the national offices of the labor unions with employees on the affected lines, post a copy of the notice at the workplace of the employees on the affected lines, and certify to the Board that it has done so. 49 CFR 1150.32(e). CMQR, concurrently with its notice of exemption, filed a petition for waiver of the 60-day advance labor notice period. CMQR’s waiver request will be addressed in a separate decision. CMQR states that it intends to consummate the transaction as soon as practicable after the effective date of this exemption. The Board will establish in a separate decision on the waiver request the earliest date that this transaction may be consummated. If the 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 March 7, 2014.4 An original and 10 copies of all pleadings, referring to Docket No. FD 35805 must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Robert J. Keach, Esq. (as Trustee for MMA), c/o Bernstein, Shur, Sawyer & Nelson, P.A., 100 Middle Street, Portland, ME 04104– 5029, and on Terence M. Hynes, Sidley Austin LLP, 1501 K Street NW., Washington, DC 20005. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: February 25, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2014–04460 Filed 2–27–14; 8:45 am] tkelley on DSK3SPTVN1PROD with NOTICES BILLING CODE 4915–01–P 4 A stay would normally be due in this case by April 8, 2014. Here, however, the due date for stays will be March 7, 2014. The date is set earlier in case the Board grants CMQR’s petition for waiver of the 60-day notice period and allows the exemption to become effective on March 17, 2014. Having stays due on March 7 for this case also creates uniformity with the due date for stays in Docket No. FD 35806. VerDate Mar<15>2010 17:47 Feb 27, 2014 Jkt 232001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35806] Fortress Investment Group LLC— Continuance in Control Exemption— Florida East Coast Railway, L.L.C. and Central Maine & Quebec Railway US Inc. Fortress Investment Group LLC (Fortress Investment) has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2), for the benefit of an investment fund managed by an affiliate of Fortress Investment, Fortress Worldwide Transportation and Infrastructure General Partnership (Fortress Worldwide), to continue in control of Central Maine & Quebec Railway US Inc. (CMQR), a noncarrier, upon CMQR’s becoming a Class III railroad. This transaction is related to a concurrently filed verified notice of exemption in Central Maine & Quebec Railway US Inc.—Acquisition and Operation Exemption—Montreal, Maine & Atlantic Railway, Ltd., Docket No. FD 35805, wherein CMQR seeks Board approval under 49 CFR 1150.31 to acquire and operate approximately 244.2 miles of rail line in Maine and Vermont currently owned and operated by the bankrupt Montreal, Maine & Atlantic Railway, Ltd. (MMA).1 As discussed in that notice, CMQR is a subsidiary of Rail Acquisition Holdings LLC (RAH), which is, in turn, owned and controlled by Fortress Worldwide.2 The purpose of this verified notice of exemption and the concurrently filed one in Docket No. FD 35805 is to restore and preserve rail service on and over the rail lines of the bankrupt MMA located in Maine and Vermont. Although MMA has continued to provide certain rail services while in bankruptcy, east-west through service between points in Quebec and points in Maine has not been available to shippers since the July ´ 2013 Lac Megantic rail accident in 1 MMA and MMA’s Canadian affiliate, Montreal Maine & Atlantic Canada Co. (MMA Canada) filed bankruptcy petitions with the United States Bankruptcy Court for the District of Maine and the Superior Court for the Province of Quebec, District of Montreal, respectively, on August 7, 2013, ´ following a rail accident in Lac Megantic, Que., on July 6, 2013. 2 Pursuant to the Asset Purchase Agreement (Agreement) between the trustee, MMA, and MMA Canada, RAH will assign its rights to CMQR and to a Canadian subsidiary of RAH, Central Maine & Quebec Railway Canada, Inc. (CMQR Canada), to enable CMQR to acquire the U.S. rail assets of MMA and CMQR Canada to acquire the Canadian rail assets of MMA Canada. CMQR Canada will file an application with the Canada Transportation Agency to seek authority concerning the Canadian lines. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 Quebec. CMQR and CMQR Canada will provide rail service over the entire prebankruptcy rail network of MMA and MMA Canada. The parties intend to consummate the proposed transaction as soon as practicable after the effective date of this notice of exemption and the concurrent notice of exemption filed in Docket No. FD 35805.3 Fortress Investment notes that another rail carrier subject to the Board’s jurisdiction, Florida East Coast Railway, L.L.C. (FECR), is currently owned by FECR Rail Holding LLC, which is, in turn, owned by investment funds managed by an affiliate of Fortress Investment. FECR, a Class II carrier, operates approximately 350 miles of rail lines in Florida extending between Jacksonville and the Miami metropolitan area. Fortress Investment represents that: (1) The railroads would not connect with each other or any railroads in its corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect CMQR’s rail lines with the lines of any other rail carrier owned by Fortress Investment or any investment fund managed by any affiliate of Fortress Investment; and (3) the transaction does not involve a Class I rail carrier. Therefore, the 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. As a condition to the use of this exemption, any employees adversely affected by this transaction will be protected by the conditions set forth in Wisconsin Central Ltd.— Acquisition Exemption—Lines of Union Pacific Railroad, 2 S.T.B. 218 (1997). If the 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 March 7, 2014. 3 Pursuant to the 49 CFR 1150.32(e), CMQR must provide notice to labor regarding the line acquisition and certify to the Board that it has done so 60 days before the exemption becomes effective; the parties cannot close this transaction until April 15, 2014. CMQR has petitioned the Board to waive this period so that the parties can consummate their sale transaction on or before March 31, 2014, in accordance with the Agreement and the bankruptcy court’s expectations. The Board will rule on this waiver request in a separate decision. E:\FR\FM\28FEN1.SGM 28FEN1 Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Notices An original and 10 copies of all pleadings, referring to Docket No. FD 35806 must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Terence M. Hynes, Sidley Austin LLP, 1501 K Street NW., Washington, DC 20005, and on Robert J. Keach, Esq. (as Trustee for MMA), c/o Bernstein, Shur, Sawyer & Nelson, P.A., 100 Middle Street, Portland, ME 04104– 5029. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: February 25, 2014. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Clerk. Type of Review: Extension without change of a currently approved collection. Title: Quantitative Consumer Research—U.S. Mint Customer Spend Trajectory Research. Abstract: This collection request is for the United States Mint to conduct studies aimed to inventory the various multi-year spend trajectories (e.g., spend increases substantially, spend decreases substantially, customer stops purchasing altogether, etc.) observed in the United States Mint customer base and to understand the factors that contribute to these trajectories. Affected Public: Individuals or Households. Estimated Annual Burden Hours: 1,000. Dawn D. Wolfgang, Treasury PRA Clearance Officer. [FR Doc. 2014–04377 Filed 2–27–14; 8:45 am] [FR Doc. 2014–04461 Filed 2–27–14; 8:45 am] BILLING CODE 4810–37–P BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY Community Development Financial Institutions Fund; Proposed Data Collection; Comment Request Submission for OMB Review; Comment Request ACTION: tkelley on DSK3SPTVN1PROD with NOTICES February 24, 2014. The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before March 31, 2014 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestions for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at OIRA_Submission@ OMB.EOP.gov and (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8140, Washington, DC 20220, or email at PRA@treasury.gov. FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be obtained by calling (202) 927–5331, email at PRA@treasury.gov, or the entire information collection request may be found at www.reginfo.gov. United States Mint OMB Number: 1525–0015. VerDate Mar<15>2010 17:47 Feb 27, 2014 Jkt 232001 Proposed collection; comment request. The U.S. Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Community Development Financial Institutions (CDFI) Fund, Department of the Treasury, is soliciting comments concerning the Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery. DATES: Written comments should be received on or before April 29, 2014 to be assured of consideration. ADDRESSES: Direct all comments to Brette Fishman, Management Analyst, at the Community Development Financial Institutions Fund, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20020 by email to cdfihelp@cdfi.treas.gov or by facsimile to (202) 508–0083. Please note this is not a toll free number. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Brette Fishman, Management Analyst, at the Community SUMMARY: PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 11499 Development Financial Institutions Fund, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20020 by email to cdfihelp@cdfi.treas.gov or by facsimile to (202) 508–0083. Please note this is not a toll free number. SUPPLEMENTARY INFORMATION: OMB Number: 1559–0041. Type of Review: Extension without change. Title: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery. Abstract: The information collection activity will garner qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Administration’s commitment to improving service delivery. By qualitative feedback we mean information that provides useful insights on perceptions and opinions, but are not statistical surveys that yield quantitative results that can be generalized to the population of study. This feedback will provide insights into customer or stakeholder perceptions, experiences and expectations, provide an early warning of issues with service, or focus attention on areas where communication, training or changes in operations might improve delivery of products or services. These collections will allow for ongoing, collaborative and actionable communications between the Agency and its customers and stakeholders. It will also allow feedback to contribute directly to the improvement of program management. Feedback collected under this generic clearance will provide useful information, but it will not yield data that can be generalized to the overall population. This type of generic clearance for qualitative information will not be used for quantitative information collections that are designed to yield reliably actionable results, such as monitoring trends over time or documenting program performance. Such data uses require more rigorous designs that address: The target population to which generalizations will be made, the sampling frame, the sample design (including stratification and clustering), the precision requirements or power calculations that justify the proposed sample size, the expected response rate, methods for assessing potential nonresponse bias, the protocols for data collection, and any testing procedures that were or will be undertaken prior fielding the study. Depending on the degree of influence the results are likely to have, such collections may still be eligible for submission for other generic E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Notices]
[Pages 11498-11499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04461]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35806]


Fortress Investment Group LLC--Continuance in Control Exemption--
Florida East Coast Railway, L.L.C. and Central Maine & Quebec Railway 
US Inc.

    Fortress Investment Group LLC (Fortress Investment) has filed a 
verified notice of exemption pursuant to 49 CFR 1180.2(d)(2), for the 
benefit of an investment fund managed by an affiliate of Fortress 
Investment, Fortress Worldwide Transportation and Infrastructure 
General Partnership (Fortress Worldwide), to continue in control of 
Central Maine & Quebec Railway US Inc. (CMQR), a noncarrier, upon 
CMQR's becoming a Class III railroad.
    This transaction is related to a concurrently filed verified notice 
of exemption in Central Maine & Quebec Railway US Inc.--Acquisition and 
Operation Exemption--Montreal, Maine & Atlantic Railway, Ltd., Docket 
No. FD 35805, wherein CMQR seeks Board approval under 49 CFR 1150.31 to 
acquire and operate approximately 244.2 miles of rail line in Maine and 
Vermont currently owned and operated by the bankrupt Montreal, Maine & 
Atlantic Railway, Ltd. (MMA).\1\ As discussed in that notice, CMQR is a 
subsidiary of Rail Acquisition Holdings LLC (RAH), which is, in turn, 
owned and controlled by Fortress Worldwide.\2\
---------------------------------------------------------------------------

    \1\ MMA and MMA's Canadian affiliate, Montreal Maine & Atlantic 
Canada Co. (MMA Canada) filed bankruptcy petitions with the United 
States Bankruptcy Court for the District of Maine and the Superior 
Court for the Province of Quebec, District of Montreal, 
respectively, on August 7, 2013, following a rail accident in Lac 
M[eacute]gantic, Que., on July 6, 2013.
    \2\ Pursuant to the Asset Purchase Agreement (Agreement) between 
the trustee, MMA, and MMA Canada, RAH will assign its rights to CMQR 
and to a Canadian subsidiary of RAH, Central Maine & Quebec Railway 
Canada, Inc. (CMQR Canada), to enable CMQR to acquire the U.S. rail 
assets of MMA and CMQR Canada to acquire the Canadian rail assets of 
MMA Canada. CMQR Canada will file an application with the Canada 
Transportation Agency to seek authority concerning the Canadian 
lines.
---------------------------------------------------------------------------

    The purpose of this verified notice of exemption and the 
concurrently filed one in Docket No. FD 35805 is to restore and 
preserve rail service on and over the rail lines of the bankrupt MMA 
located in Maine and Vermont. Although MMA has continued to provide 
certain rail services while in bankruptcy, east-west through service 
between points in Quebec and points in Maine has not been available to 
shippers since the July 2013 Lac M[eacute]gantic rail accident in 
Quebec. CMQR and CMQR Canada will provide rail service over the entire 
pre-bankruptcy rail network of MMA and MMA Canada.
    The parties intend to consummate the proposed transaction as soon 
as practicable after the effective date of this notice of exemption and 
the concurrent notice of exemption filed in Docket No. FD 35805.\3\
---------------------------------------------------------------------------

    \3\ Pursuant to the 49 CFR 1150.32(e), CMQR must provide notice 
to labor regarding the line acquisition and certify to the Board 
that it has done so 60 days before the exemption becomes effective; 
the parties cannot close this transaction until April 15, 2014. CMQR 
has petitioned the Board to waive this period so that the parties 
can consummate their sale transaction on or before March 31, 2014, 
in accordance with the Agreement and the bankruptcy court's 
expectations. The Board will rule on this waiver request in a 
separate decision.
---------------------------------------------------------------------------

    Fortress Investment notes that another rail carrier subject to the 
Board's jurisdiction, Florida East Coast Railway, L.L.C. (FECR), is 
currently owned by FECR Rail Holding LLC, which is, in turn, owned by 
investment funds managed by an affiliate of Fortress Investment. FECR, 
a Class II carrier, operates approximately 350 miles of rail lines in 
Florida extending between Jacksonville and the Miami metropolitan area.
    Fortress Investment represents that: (1) The railroads would not 
connect with each other or any railroads in its corporate family; (2) 
the continuance in control is not part of a series of anticipated 
transactions that would connect CMQR's rail lines with the lines of any 
other rail carrier owned by Fortress Investment or any investment fund 
managed by any affiliate of Fortress Investment; and (3) the 
transaction does not involve a Class I rail carrier. Therefore, the 
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. As a condition to the use of 
this exemption, any employees adversely affected by this transaction 
will be protected by the conditions set forth in Wisconsin Central 
Ltd.--Acquisition Exemption--Lines of Union Pacific Railroad, 2 S.T.B. 
218 (1997).
    If the 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 March 7, 2014.

[[Page 11499]]

    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35806 must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Terence M. Hynes, Sidley Austin LLP, 1501 K 
Street NW., Washington, DC 20005, and on Robert J. Keach, Esq. (as 
Trustee for MMA), c/o Bernstein, Shur, Sawyer & Nelson, P.A., 100 
Middle Street, Portland, ME 04104-5029.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: February 25, 2014.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2014-04461 Filed 2-27-14; 8:45 am]
BILLING CODE 4915-01-P