Armstrong Hospitality Group, Ltd., Invictus Maneo Ltd., Oceaneer Investments Ltd., No. 245 Dynamic Endeavors Inc., The PRBA Alter Ego Trust, and Peter R.B. Armstrong-Continuancein Control-American Rocky Mountaineer LLC, 10389 [2021-03417]

Download as PDF Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Notices SURFACE TRANSPORTATION BOARD [Docket No. FD 36469] Armstrong Hospitality Group, Ltd., Invictus Maneo Ltd., Oceaneer Investments Ltd., No. 245 Dynamic Endeavors Inc., The PRBA Alter Ego Trust, and Peter R.B. Armstrong— Continuancein Control—American Rocky Mountaineer LLC tkelley on DSKBCP9HB2PROD with NOTICES Armstrong Hospitality Group, Ltd., Invictus Maneo Ltd., Oceaneer Investments Ltd., No. 245 Dynamic Endeavors Inc., The PRBA Alter Ego Trust, and Peter R.B. Armstrong, (collectively, Armstrong Group), all noncarriers, have filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of American Rocky Mountaineer LLC (American Rocky Mountaineer), upon American Rocky Mountaineer’s becoming a Class III rail carrier.1 This transaction is related to a concurrently filed petition for exemption by American Rocky Mountaineer in American Rocky Mountaineer, LLC—Petition for Exemption from 49 U.S.C. Subtitle IV, Docket No. FD 36468. In that docket, American Rocky Mountaineer is seeking an exemption from most of the provisions of 49 U.S.C. Subtitle IV, with respect to its proposed operation of passenger rail services between Moab, Utah, and Denver, Colo., on lines of Union Pacific Railroad Company. The exemption will become effective on March 5, 2021 (30 days after the verified notice of exemption was filed). The verified notice states that the control exemption will be utilized when American Rocky Mountaineer becomes a rail carrier, subject to Board approval of the petition for exemption filed in Docket No. FD 36468. Armstrong Group certifies that: (1) The lines of railroad on which American Rocky Mountaineer will operate will not connect with the rail lines operated by Great Canadian Railtour; 2 (2) the continuance in control 1 According to the verified notice, Armstrong Group owns and controls Great Canadian Railtour Ltd. (Great Canadian Railtour), a Class III rail carrier. See Great Canadian Railtour Co. Ltd.—Pet. for Exemption from 49 U.S.C. Subtitle IV, FD 35851 (STB served June 3, 2015). The verified notice states that Armstrong Hospitality Group, Ltd., will control the railroads, and is itself controlled by Invictus Maneo Ltd., which is controlled by Oceaneer Investments Ltd., which is controlled by No. 245 Dynamic Endeavors Inc., which is controlled by the PRBA Alter Ego Trust, which is controlled by Peter R.B. Armstrong. 2 The verified notice states that Great Canadian Railtour is authorized to operate in Washington but has not operated in the United States since 2019 and has no present plans to operate in the United States. VerDate Sep<11>2014 21:07 Feb 18, 2021 Jkt 253001 is not part of a series of anticipated transactions that would result in a connection between lines operated or to be operated by American Rocky Mountaineer or Great Canadian Railtour in the United States; and (3) no Class I carrier is involved in the transaction. 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. 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 carriers. Accordingly, the Board may not impose labor protective conditions here, because all 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 for stay must be filed no later than February 26, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36469, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on Armstrong Group’s representative, Kevin M. Sheys, Hogan Lovells US LLP, 555 13th St. NW, Washington, DC 20004. Board decisions and notices are available at www.stb.gov. Decided: February 16, 2021. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2021–03417 Filed 2–18–21; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 10389 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2020–1046] Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection: Federal Aviation Regulation Part 119— Certification: Air Carriers and Commercial Operators Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on November 4, 2020. Organizations that desire to become or remain certified as air carriers or commercial operators are mandated to report information to the FAA. The information collected reflects requirements necessary under parts 135, 121, and 125 to comply with Federal Aviation Regulation part 119— Certification: Air Carriers and Commercial Operators. The FAA will use the information it collects and reviews to ensure compliance and adherence to regulations and, if necessary, to take enforcement action on violators of the regulations. DATES: Written comments should be submitted by March 22, 2021. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Steve Hanes by email at: steven.a.hanes@faa.gov; phone: 517– 260–9179 SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity SUMMARY: E:\FR\FM\19FEN1.SGM 19FEN1

Agencies

Surface Transportation Board

[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Notices]
[Page 10389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03417]



[[Page 10389]]

-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36469]


Armstrong Hospitality Group, Ltd., Invictus Maneo Ltd., Oceaneer 
Investments Ltd., No. 245 Dynamic Endeavors Inc., The PRBA Alter Ego 
Trust, and Peter R.B. Armstrong--Continuancein Control--American Rocky 
Mountaineer LLC

    Armstrong Hospitality Group, Ltd., Invictus Maneo Ltd., Oceaneer 
Investments Ltd., No. 245 Dynamic Endeavors Inc., The PRBA Alter Ego 
Trust, and Peter R.B. Armstrong, (collectively, Armstrong Group), all 
noncarriers, have filed a verified notice of exemption pursuant to 49 
CFR 1180.2(d)(2) to continue in control of American Rocky Mountaineer 
LLC (American Rocky Mountaineer), upon American Rocky Mountaineer's 
becoming a Class III rail carrier.\1\
---------------------------------------------------------------------------

    \1\ According to the verified notice, Armstrong Group owns and 
controls Great Canadian Railtour Ltd. (Great Canadian Railtour), a 
Class III rail carrier. See Great Canadian Railtour Co. Ltd.--Pet. 
for Exemption from 49 U.S.C. Subtitle IV, FD 35851 (STB served June 
3, 2015). The verified notice states that Armstrong Hospitality 
Group, Ltd., will control the railroads, and is itself controlled by 
Invictus Maneo Ltd., which is controlled by Oceaneer Investments 
Ltd., which is controlled by No. 245 Dynamic Endeavors Inc., which 
is controlled by the PRBA Alter Ego Trust, which is controlled by 
Peter R.B. Armstrong.
---------------------------------------------------------------------------

    This transaction is related to a concurrently filed petition for 
exemption by American Rocky Mountaineer in American Rocky Mountaineer, 
LLC--Petition for Exemption from 49 U.S.C. Subtitle IV, Docket No. FD 
36468. In that docket, American Rocky Mountaineer is seeking an 
exemption from most of the provisions of 49 U.S.C. Subtitle IV, with 
respect to its proposed operation of passenger rail services between 
Moab, Utah, and Denver, Colo., on lines of Union Pacific Railroad 
Company.
    The exemption will become effective on March 5, 2021 (30 days after 
the verified notice of exemption was filed). The verified notice states 
that the control exemption will be utilized when American Rocky 
Mountaineer becomes a rail carrier, subject to Board approval of the 
petition for exemption filed in Docket No. FD 36468.
    Armstrong Group certifies that: (1) The lines of railroad on which 
American Rocky Mountaineer will operate will not connect with the rail 
lines operated by Great Canadian Railtour; \2\ (2) the continuance in 
control is not part of a series of anticipated transactions that would 
result in a connection between lines operated or to be operated by 
American Rocky Mountaineer or Great Canadian Railtour in the United 
States; and (3) no Class I carrier is involved in the transaction. 
Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
---------------------------------------------------------------------------

    \2\ The verified notice states that Great Canadian Railtour is 
authorized to operate in Washington but has not operated in the 
United States since 2019 and has no present plans to operate in the 
United States.
---------------------------------------------------------------------------

    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 carriers. Accordingly, the 
Board may not impose labor protective conditions here, because all 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 for stay must be filed no later than February 26, 
2021 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36469, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on 
Armstrong Group's representative, Kevin M. Sheys, Hogan Lovells US LLP, 
555 13th St. NW, Washington, DC 20004.
    Board decisions and notices are available at www.stb.gov.


    Decided: February 16, 2021.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2021-03417 Filed 2-18-21; 8:45 am]
BILLING CODE 4915-01-P

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