Jon Delli Priscoli and First Colony Development and Rail Holdings Co.-Acquisition of Control Exemption-Massachusetts Coastal Railroad LLC, 36930-36931 [2020-13172]
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36930
Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Notices
Commission shall institute proceedings
to determine whether the proposed rule
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IV. Solicitation of Comments
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FINRA–2020–017 on the subject line.
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17:40 Jun 17, 2020
[FR Doc. 2020–13113 Filed 6–17–20; 8:45 am]
BILLING CODE 8011–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36409]
Electronic Comments
VerDate Sep<11>2014
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
J. Matthew DeLesDernier,
Assistant Secretary.
Jkt 250001
Jon Delli Priscoli and First Colony
Development and Rail Holdings Co.—
Acquisition of Control Exemption—
Massachusetts Coastal Railroad LLC
Jon Delli Priscoli (Delli Priscoli) and
First Colony Development and Rail
Holdings Co. (Holdings) (collectively,
the parties) have filed a verified notice
of exemption under 49 CFR 1180.2(d)(2)
to acquire control of Massachusetts
Coastal Railroad LLC (Mass Coastal), a
Class III rail carrier operating in
Massachusetts.
The verified notice states that Delli
Priscoli owns all of the outstanding
stock of Grafton and Upton Railroad Co.
(G&U), a Class III rail carrier, and all of
the outstanding stock of Holdings, a
newly formed noncarrier holding
company. Mass Coastal is a wholly
owned subsidiary of San Luis & Rio
Grande Railroad, Inc. (SLRG), which is
a the debtor in a Chapter 11 bankruptcy
proceeding in the U.S. Bankruptcy
Court for the District of Colorado (the
Bankruptcy Court).1 The Bankruptcy
Court and William A. Brandt, as Chapter
11 trustee for the bankruptcy estate of
SLRG (the Trustee), have established
procedures for bidding on SLRG’s LLC
membership interests in Mass Coastal,
and Holdings states that it intends to
submit a bid.2 According to the verified
notice, if Holdings submits the winning
bid and the sale is approved by the
Bankruptcy Court, Holdings would be
entitled to acquire all of the outstanding
membership interests of Mass Coastal.
The parties state that, upon acquisition
of Mass Coastal, Delli Priscoli, through
16 17
CFR 200.30–3(a)(12).
In re San Luis & Rio Grande R.R., Case No.
19–18905–TBM (Bankr. D. Colo.).
2 The Board’s exemption authority is permissive
only; it does not require the authorized transaction
to be consummated. See Oakland Glob. Rail
Enter.—Pet. For Declaratory Order, FD 36168 et al.,
slip op. at 6 n.8 (STB served June 20, 2019)
(explaining that Board authority is permissive and
an entity must still obtain the requisite property
rights). Thus, this exemption does not foreclose any
other entity from seeking to acquire Mass Coastal
(subject to any Board authority that may be needed),
and it does not assume or affect the outcome of the
bidding process.
1 See
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
Holdings, would control Mass Coastal
indirectly and G&U directly.
The verified notice states that the
schedule for the proposed acquisition
contemplates consummating the
transaction shortly after the anticipated
approval of the sale by the Bankruptcy
Court on a schedule that would not
allow sufficient time for the parties to
file a verified notice after the winning
bid is selected. Notwithstanding that the
Board’s exemption authority is
permissive, under the circumstances,
the Board will not establish the effective
date of this exemption at this time, but
rather will require Holdings to inform
the Board as to the result of the bidding
process, at which point an effective date
can be established if Holdings is the
successful bidder.
The parties represent that: (1) The rail
lines to be owned or operated by G&U
and Mass Coastal do not connect with
each other or any railroads in their
respective corporate families; (2) the
proposed transaction is not part of a
series of anticipated transactions that
would connect the railroads with each
other or with any other railroads in their
respective corporate families; and (3)
the proposed 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).
The parties state that the purpose of
the proposed transaction is to afford
Mass Coastal improved access to
financial resources and opportunities to
achieve operating efficiencies as a result
of common control with another rail
carrier.
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 carriers.
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 June 25, 2020.
All pleadings, referring to Docket No.
FD 36409, must be filed with the
Surface Transportation Board either via
e-filing or in writing addressed to 395 E
Street SW, Washington, DC 20423–0001.
In addition, a copy of each pleading
E:\FR\FM\18JNN1.SGM
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Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Notices
must be served on the parties’
representative, James E. Howard, 57 Via
Buena Vista, Monterey, CA 93940.
Board decisions and notices are
available at www.stb.gov.
Decided: June 15, 2020.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2020–13172 Filed 6–17–20; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Solicitation of Nominations for
Appointment to the Drone Advisory
Committee
Federal Aviation
Administration, U.S. Department of
Transportation.
ACTION: Solicitation of Nominations for
Appointment to the Drone Advisory
Committee (DAC).
AGENCY:
The FAA is issuing this notice
to solicit nominations for membership
on the Drone Advisory Committee
(DAC).
DATES: Nominations must be received
no later than 6:00 a.m. Eastern Time on
August 18, 2020. Nominations received
after the above due date may be retained
for evaluation for future DAC vacancies
after all other nominations received by
the due date have been evaluated and
considered.
ADDRESSES: Nominations can be
submitted electronically (by email) to
Khurram Abbas in the FAA’s UAS
Integration Office, at khurram.abbas@
faa.gov. The subject line should state
‘‘2020 DAC Nomination.’’ The body of
the email must contain content or
attachments that address all
requirements as specified in the below
‘‘Materials to Submit’’ section.
Incomplete/partial submittals as well as
those that exceed the specified
document length may not be considered
for evaluation. An email confirmation
from the FAA will be sent upon receipt
of all complete nominations that meet
the criteria in the ‘‘Materials to Submit’’
section. Anyone wishing to submit an
application by paper may do so by
contacting Khurram Abbas at
khurram.abbas@faa.gov or 202–267–
8345. The FAA will notify those
appointed by the Secretary to serve on
the DAC in writing.
FOR FURTHER INFORMATION CONTACT:
Contact Khurram Abbas at
khurram.abbas@faa.gov or 202–267–
SUMMARY:
VerDate Sep<11>2014
17:40 Jun 17, 2020
Jkt 250001
8345. Additional information on the
DAC, including the current roster,
charter, and previous meeting minutes
can be found at: https://www.faa.gov/
uas/programs_partnerships/drone_
advisory_committee/.
SUPPLEMENTARY INFORMATION:
Background
The DAC is an advisory committee
established under DOT’s authority, in
accordance with the provisions of the
Federal Advisory Committee Act
(FACA) as amended, Public Law 92–
463, 5 U.S.C. App. 2. The objective of
the DAC is to provide independent
advice and recommendations to the
FAA and in response to specific
taskings received directly from the FAA.
The advice and recommendations work
toward improving the efficiency and
safety of integrating Unmanned Aircraft
Systems (UAS) into the National
Airspace System (NAS). In response to
FAA requests, the DAC may provide the
FAA with information that may be used
for tactical and strategic planning
purposes.
This notice seeks to fill current and
future vacancies on the DAC and does
not affect the status of current DAC
members’ terms.
Description of Duties
The DAC acts solely in an advisory
capacity and does not exercise program
management responsibilities. Decisions
directly affecting implementation of
transportation policy will remain with
the FAA Administrator and the
Secretary of Transportation. The DAC
duties include:
a. Undertaking tasks only assigned by
the FAA.
b. Deliberating on and approving
recommendations for assigned tasks in
meetings that are open to the public.
c. Responding to ad hoc informational
requests from the FAA and/or providing
input to the FAA on the overall DAC
structure (including structure of the
subcommittees and or task groups).
Membership: The FAA will submit
recommendations for membership to the
Secretary of Transportation, who will
appoint members to the DAC. The
membership must be fairly balanced in
terms of points of view represented and
the functions performed. The
stakeholder groups represented on the
DAC include the following:
a. Airports and Airport Communities
b. Labor (controllers, pilots)
c. Local Government
d. Navigation, Communication,
Surveillance, and Air Traffic
Management Capability Providers
e. Research, Development, and
Academia
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
36931
f. Traditional Manned Aviation
Operators
g. UAS Hardware Component
Manufacturers
h. UAS Manufacturers
i. UAS Operators
j. UAS Software Application
Manufacturers
k. Other
All DAC members serve at the
pleasure of the Secretary of
Transportation. The DAC will have no
more than 35 members. Other
membership criteria include:
a. An appointment of up to two years.
b. Service without charge and without
government compensation.
Representation of a particular interest of
employment, education, experience, or
affiliation with a specific aviation
related organization.
c. Ability to attend all DAC meetings
(estimated three meetings per year).
Qualifications: Candidates must be in
good public standing and currently
serve as a member of their
organization’s core senior leadership
team with the ability to make UASrelated decisions. In rare circumstances,
membership will be granted to uniquely
qualified individuals who do not meet
this latter requirement. Members
appointed solely for their individual
expertise serve as Special Government
Employees.
Materials to Submit: Candidates are
required to submit, in full, the following
materials to be considered for DAC
membership. Failure to submit the
required information may disqualify a
candidate from the review process.
a. A short biography of the nominee,
including professional and academic
credentials.
b. A re´sume´ or curriculum vitae,
which must include relevant job
experience, qualifications, as well as
contact information (email, telephone,
and mailing address).
c. A one-page statement describing
how the candidate will benefit the DAC,
considering current membership and
the candidate’s unique perspective that
will advance the conversation. This
statement must also identify a primary
and secondary interest to which the
candidate’s expertise best aligns.
Finally, candidates should state their
previous experience on Federal
Advisory Committees and/or Aviation
Rulemaking Committees (if any), their
level of knowledge in their above
stakeholder groups, and the size of their
constituency they represent or are able
to reach.
Up to three letters of recommendation
may be submitted, but are not required.
Each letter may be no longer than one
E:\FR\FM\18JNN1.SGM
18JNN1
Agencies
[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Notices]
[Pages 36930-36931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13172]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36409]
Jon Delli Priscoli and First Colony Development and Rail Holdings
Co.--Acquisition of Control Exemption--Massachusetts Coastal Railroad
LLC
Jon Delli Priscoli (Delli Priscoli) and First Colony Development
and Rail Holdings Co. (Holdings) (collectively, the parties) have filed
a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire
control of Massachusetts Coastal Railroad LLC (Mass Coastal), a Class
III rail carrier operating in Massachusetts.
The verified notice states that Delli Priscoli owns all of the
outstanding stock of Grafton and Upton Railroad Co. (G&U), a Class III
rail carrier, and all of the outstanding stock of Holdings, a newly
formed noncarrier holding company. Mass Coastal is a wholly owned
subsidiary of San Luis & Rio Grande Railroad, Inc. (SLRG), which is a
the debtor in a Chapter 11 bankruptcy proceeding in the U.S. Bankruptcy
Court for the District of Colorado (the Bankruptcy Court).\1\ The
Bankruptcy Court and William A. Brandt, as Chapter 11 trustee for the
bankruptcy estate of SLRG (the Trustee), have established procedures
for bidding on SLRG's LLC membership interests in Mass Coastal, and
Holdings states that it intends to submit a bid.\2\ According to the
verified notice, if Holdings submits the winning bid and the sale is
approved by the Bankruptcy Court, Holdings would be entitled to acquire
all of the outstanding membership interests of Mass Coastal. The
parties state that, upon acquisition of Mass Coastal, Delli Priscoli,
through Holdings, would control Mass Coastal indirectly and G&U
directly.
---------------------------------------------------------------------------
\1\ See In re San Luis & Rio Grande R.R., Case No. 19-18905-TBM
(Bankr. D. Colo.).
\2\ The Board's exemption authority is permissive only; it does
not require the authorized transaction to be consummated. See
Oakland Glob. Rail Enter.--Pet. For Declaratory Order, FD 36168 et
al., slip op. at 6 n.8 (STB served June 20, 2019) (explaining that
Board authority is permissive and an entity must still obtain the
requisite property rights). Thus, this exemption does not foreclose
any other entity from seeking to acquire Mass Coastal (subject to
any Board authority that may be needed), and it does not assume or
affect the outcome of the bidding process.
---------------------------------------------------------------------------
The verified notice states that the schedule for the proposed
acquisition contemplates consummating the transaction shortly after the
anticipated approval of the sale by the Bankruptcy Court on a schedule
that would not allow sufficient time for the parties to file a verified
notice after the winning bid is selected. Notwithstanding that the
Board's exemption authority is permissive, under the circumstances, the
Board will not establish the effective date of this exemption at this
time, but rather will require Holdings to inform the Board as to the
result of the bidding process, at which point an effective date can be
established if Holdings is the successful bidder.
The parties represent that: (1) The rail lines to be owned or
operated by G&U and Mass Coastal do not connect with each other or any
railroads in their respective corporate families; (2) the proposed
transaction is not part of a series of anticipated transactions that
would connect the railroads with each other or with any other railroads
in their respective corporate families; and (3) the proposed
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).
The parties state that the purpose of the proposed transaction is
to afford Mass Coastal improved access to financial resources and
opportunities to achieve operating efficiencies as a result of common
control with another rail carrier.
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 carriers.
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 June 25, 2020.
All pleadings, referring to Docket No. FD 36409, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a
copy of each pleading
[[Page 36931]]
must be served on the parties' representative, James E. Howard, 57 Via
Buena Vista, Monterey, CA 93940.
Board decisions and notices are available at www.stb.gov.
Decided: June 15, 2020.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2020-13172 Filed 6-17-20; 8:45 am]
BILLING CODE 4915-01-P