Fortress Investment Group LLC et al.-Continuance in Control Exemption-East Ohio Valley Railway LLC, 19348-19349 [2023-06727]

Download as PDF 19348 Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Notices physical abuse, arbitrary arrests and detentions in the TAR. • Zhang Hongbo: Zhang was designated on December 9, 2022, for being a leader or official of an entity, including a government entity, that has engaged in, or whose members have engaged in, serious human rights abuse. Zhang has been the director of the Tibetan Public Security Bureau (TPSB) since 2018 through at least November 2022. Zhang has worked to advance the PRC’s goals and policies in the TAR as ‘‘Tibet’s police chief.’’ During Zhang’s tenure, the TPSB engaged in serious human rights abuse, including arbitrary detention and physical abuse. ddrumheller on DSK120RN23PROD with NOTICES1 Iran • Ali Akbar Javidan: Javidan was designated on December 9, 2022, for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse relating to his tenure. Javidan is the Law Enforcement Forces of the Islamic Republic of Iran (LEF) commander in Iran’s Kermanshah Province who has direct oversight over forces that have killed protesters, including children and the elderly. The LEF was designated in 2011 pursuant to E.O. 13553, an Iran human rights authority, for being responsible for or complicit in serious human rights abuses in Iran since the June 2009 disputed presidential election. The LEF has repeatedly used excessive force in response to protests in Iran in recent years, reportedly resulting in the deaths of hundreds of unarmed protesters. Javidan has made public statements justifying the police response to the ongoing protests while valorizing the LEF forces for suppressing them. Javidan also publicly vowed to punish so-called moral crimes, including the alleged improper wearing of the hijab, during a July 2022 roundup of 1,700 people. • Allah Karam Azizi: Azizi was designated on December 9, 2022, for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse relating to his tenure. Azizi is the warden of Iran’s notorious Rejaee Shahr Prison. Rejaee Shahr Prison is known to house political prisoners and those who protest against the regime. Those imprisoned there have suffered serious physical abuse at the hands of the prison’s guards. Azizi has reportedly ordered these abuses. VerDate Sep<11>2014 17:54 Mar 30, 2023 Jkt 259001 Visa Restrictions Imposed Persons designated pursuant to E.O. 13818 are subject to the entry restrictions articulated in section 2, unless an exception applies. Section 2 provides that the entry of persons designated under section 1 of the order is suspended pursuant to Presidential Proclamation 8693. In 2022, the Department took steps to impose visa restrictions, when appropriate, on foreign persons involved in certain human rights violations andsignificantcorruption pursuant to other authorities, including Presidential Proclamations 7750 and 8697, and Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act and will continue to identify individuals subject to those authorities as appropriate. In addition, the Department continues to implement all grounds of inadmissibility in the Immigration and Nationality Act (INA), including INA section 212(a)(3)(E) which renders applicants ineligible for visas if a consular officer has reason to believe that they participated in acts of genocide, torture or extrajudicial killings. Efforts To Encourage Governments of Other Countries To Impose Sanctions Similar to Those Authorized by the Act The United States recognizes that our sanctions are most impactful when implemented in coordination with our foreign partners. In 2022, the Administration continueditssuccessful outreach campaign to international partners regarding the expansion and use of domestic and multilateral anticorruption and human rights sanctions regimes. Over thecourse of the reporting period, the Administration coordinated with like-minded partnersin pursuing coordinated actions against human rights abusers and corrupt actors, particularly in the run up to annual International Anti-Corruption Day and Human Rights Day. On December 9, the United States designated a total of 25 individuals and entities. The United Kingdom, Canada, and Australia joined us with actions against targets connected to human rights abuses in Iran. Additionally, the United Kingdom’s tranche of sanctions under its Global Anti-Corruption and Global Human Rights regimes included individuals and entities previously designated by the United States under Global Magnitsky: Vladimir Plathoniuc (designated under E.O. 13818 on October 26, 2022), Milan Radoicic (designated under E.O. 13818 on Dec 8, 2021), and Zvonko Veselinovic PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 (designated under E.O. 13818 on Dec 8, 2021). The United States is closely following the development of a European Union (EU) anti-corruption sanctions authority and stands ready to support EU efforts by sharing insights and offering technical support, including regarding evidence collection, addressing legal challenges, and evidentiary requirements. The Departments of State and the Treasury have, over the last year, shared information, coordinated messaging, identified areas of potential collaboration, and provided technical assistance to this end. The Administration will continue to seek out additional allies and partners, including meaningful input from civil society, to leverage all tools at our disposal to deny access to the United States and international financial systems and deny entry to the United States to all those who engage in serious human rights abuse and corruption. Andrew Self, Sanctions Officer, Bureau of Economic and Business Affairs, Department of State. [FR Doc. 2023–06749 Filed 3–30–23; 8:45 am] BILLING CODE 4710–AE–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36683] Fortress Investment Group LLC et al.— Continuance in Control Exemption— East Ohio Valley Railway LLC Fortress Investment Group LLC (Fortress), a non-carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) on behalf of FTAI Infrastructure, Inc. (FTAI Infrastructure), Percy Acquisition LLC (PALLC), and Transtar, LLC (Transtar), to continue in control of East Ohio Valley Railway LLC (EOVR) upon EOVR becoming a rail common carrier. This transaction is related to a concurrently filed verified notice of exemption in East Ohio Valley Railway LLC–Acquisition & Operation Exemption–Ohio River Partners Shareholder LLC, Docket No. FD 36682. In that proceeding, EOVR has filed a verified notice of exemption pursuant to 49 CFR 1150.31 to acquire from Ohio River Partners Shareholder LLC (ORPS), and operate, a 12.2-mile rail line between milepost 60.5 near Powhatan Point, Ohio, and milepost 72.7 near Hannibal, Ohio (the Line).1 According to the verified notice, Fortress will indirectly control EOVR 1 FTAI Infrastructure has a 50.1% equity interest in ORPS. E:\FR\FM\31MRN1.SGM 31MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Notices upon its acquiring the Line and becoming a rail carrier subsidiary of Transtar. FTAI Infrastructure is managed by an affiliate of Fortress and indirectly controls PALLC and Transtar, which currently owns and directly controls five non-connecting railroad subsidiaries: Union Railroad Company, LLC; Gary Railway Company; Delray Connecting Railroad Company; Texas & Northern Railway Company; and The Lake Terminal Railroad Company. Another Fortress affiliate, Brightline Holding LLC, owns DesertXpress Enterprises, LLC (DXE), a common carrier railroad authorized to construct a high-speed passenger rail line in California and Nevada. See DesertXpress Enters., LLC—Constr. & Operation Exemption—in Victorville, Cal. & Las Vegas, Nev., FD 35544 (STB served Oct. 25, 2011). Fortress states that: (1) the Line does not connect with the lines of any of the rail common carriers currently owned by Transtar, nor would it connect with the proposed DXE passenger rail line; (2) this control transaction is not part of a series of anticipated transactions that would connect any of those rail common carriers; 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). 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. The earliest this transaction may be consummated is April 16, 2023, the effective date of the exemption (30 days after the verified notice was filed). 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 April 7, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36683, should be filed with the Surface Transportation Board via efiling on the Board’s website or in writing addressed to 395 E Street SW, VerDate Sep<11>2014 17:54 Mar 30, 2023 Jkt 259001 Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Fortress’s representative, Terence M. Hynes, Sidley Austin LLP, 1501 K Street NW, Washington, DC 20005. According to Fortress, this action is 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: March 28, 2023. By the Board, Mai T. Dinh, Office of Proceedings. Stefan Rice, Clearance Clerk. [FR Doc. 2023–06727 Filed 3–30–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36682] East Ohio Valley Railway LLC— Acquisition and Operation Exemption—Ohio River Partners Shareholder LLC East Ohio Valley Railway LLC (EOVR), a non-carrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Ohio River Partners Shareholder LLC (ORPS), and operate, an approximately 12.2-mile rail line between milepost 60.5 near Powhatan Point, Ohio, and milepost 72.7 near Hannibal, Ohio (the Line). This transaction is related to a concurrently filed verified notice of exemption in Fortress Investment Group LLC—Continuance in Control Exemption—East Ohio Valley Railway LLC, Docket No. FD 36683, in which Fortress Investment Group, FTAI Infrastructure Inc. (FTAI Infrastructure), Percy Acquisition LLC, and Transtar, LLC (Transtar), seek to continue in control of EOVR upon EOVR’s becoming a Class III rail carrier. According to the verified notice, EOVR and ORPS will enter into an asset purchase agreement in connection with the transaction.1 The parties intend to consummate the proposed transaction as soon as practicable after the effective date of the exemption and the satisfaction of all other conditions precedent to closing set forth in the asset purchase agreement.2 1 EOVR states that a copy of the agreement will be submitted to the Board when it is executed. 2 The Line is currently operated by Katahdin Railcar Services, LLC (KRS), a Class III carrier and affiliate of EOVR and ORPS, pursuant to a lease with ORPS. See Fortress Inv. Grp. LLC—Exemption for Intra-Corp. Fam. Transaction—Ohio River PO 00000 Frm 00112 Fmt 4703 Sfmt 9990 19349 EOVR certifies that the transaction does not involve any provision or agreement that may limit future interchange with a third-party connecting carrier, nor is the Line currently subject to any agreement that imposes such an interchange commitment. EOVR further certifies that its projected annual revenues resulting from the transaction will not exceed $5 million and will not result in EOVR’s becoming a Class I or Class II rail carrier. The earliest this transaction may be consummated is April 16, 2023, the effective date of the exemption (30 days after the verified notice was filed). 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 April 7, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36682, should be filed with the Surface Transportation Board via efiling 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 EOVR’s representative, William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Avenue NW, #300, Washington, DC 20037. According to EOVR, 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: March 28, 2023. By the Board, Mai T. Dinh, Office of Proceedings. Stefan Rice, Clearance Clerk. [FR Doc. 2023–06735 Filed 3–30–23; 8:45 am] BILLING CODE 4915–01–P Partners Shareholder LLC, FD 36402 (STB served May 15, 2020); see also Katahdin Railcar Servs. LLC—Change in Operators Exemption—Ohio Terminal Ry., FD 36487 (STB served Mar. 30, 2021). According to the verified statement, KRS will continue to operate the Line until EOVR can complete arrangements to assume operations. E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Notices]
[Pages 19348-19349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06727]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36683]


Fortress Investment Group LLC et al.--Continuance in Control 
Exemption--East Ohio Valley Railway LLC

    Fortress Investment Group LLC (Fortress), a non-carrier, has filed 
a verified notice of exemption under 49 CFR 1180.2(d)(2) on behalf of 
FTAI Infrastructure, Inc. (FTAI Infrastructure), Percy Acquisition LLC 
(PALLC), and Transtar, LLC (Transtar), to continue in control of East 
Ohio Valley Railway LLC (EOVR) upon EOVR becoming a rail common 
carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in East Ohio Valley Railway LLC-Acquisition & Operation 
Exemption-Ohio River Partners Shareholder LLC, Docket No. FD 36682. In 
that proceeding, EOVR has filed a verified notice of exemption pursuant 
to 49 CFR 1150.31 to acquire from Ohio River Partners Shareholder LLC 
(ORPS), and operate, a 12.2-mile rail line between milepost 60.5 near 
Powhatan Point, Ohio, and milepost 72.7 near Hannibal, Ohio (the 
Line).\1\
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    \1\ FTAI Infrastructure has a 50.1% equity interest in ORPS.
---------------------------------------------------------------------------

    According to the verified notice, Fortress will indirectly control 
EOVR

[[Page 19349]]

upon its acquiring the Line and becoming a rail carrier subsidiary of 
Transtar. FTAI Infrastructure is managed by an affiliate of Fortress 
and indirectly controls PALLC and Transtar, which currently owns and 
directly controls five non-connecting railroad subsidiaries: Union 
Railroad Company, LLC; Gary Railway Company; Delray Connecting Railroad 
Company; Texas & Northern Railway Company; and The Lake Terminal 
Railroad Company. Another Fortress affiliate, Brightline Holding LLC, 
owns DesertXpress Enterprises, LLC (DXE), a common carrier railroad 
authorized to construct a high-speed passenger rail line in California 
and Nevada. See DesertXpress Enters., LLC--Constr. & Operation 
Exemption--in Victorville, Cal. & Las Vegas, Nev., FD 35544 (STB served 
Oct. 25, 2011).
    Fortress states that: (1) the Line does not connect with the lines 
of any of the rail common carriers currently owned by Transtar, nor 
would it connect with the proposed DXE passenger rail line; (2) this 
control transaction is not part of a series of anticipated transactions 
that would connect any of those rail common carriers; 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).
    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.
    The earliest this transaction may be consummated is April 16, 2023, 
the effective date of the exemption (30 days after the verified notice 
was filed). 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 April 
7, 2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36683, should be filed 
with the Surface Transportation Board 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 
Fortress's representative, Terence M. Hynes, Sidley Austin LLP, 1501 K 
Street NW, Washington, DC 20005.
    According to Fortress, this action is 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: March 28, 2023.

    By the Board, Mai T. Dinh, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-06727 Filed 3-30-23; 8:45 am]
BILLING CODE 4915-01-P
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