80 FR 81878 - Ohio River Partners LLC-Acquisition and Operation Exemption-Hannibal Development, LLC
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 251 (December 31, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 251 (December 31, 2015)
| Page Range | 81878-81879 | |
| FR Document | 2015-32960 |
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)] [Notices] [Pages 81878-81879] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32960] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35984] Ohio River Partners LLC--Acquisition and Operation Exemption-- Hannibal Development, LLC Ohio River Partners LLC (ORP), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Hannibal Development, LLC (Hannibal), and to operate 12.2 miles of rail line known as the Omal Secondary Track (the Line).\1\ The Line extends between milepost 60.5 at or near Powhatan Point and milepost 72.7 at or near Hannibal, in Monroe County, Ohio. --------------------------------------------------------------------------- \1\ ORP, a Delaware limited liability company, is controlled by Ohio River Partners Shareholder LLC, a Delaware limited liability company (ORPS). ORPS is indirectly owned and controlled by Fortress Transportation and Infrastructure Investors LLC, which is managed by an affiliate of Fortress Investment Group LLC (Fortress). Upon consummation of the proposed transaction, ORPS will own a 75% interest in ORP. The remaining 25% interest in ORP will be held by Hannibal. --------------------------------------------------------------------------- Hannibal acquired the Line from the bankruptcy estate of ORMET Railroad Corporation (ORMET) in 2014. Prior to entering bankruptcy, ORMET granted Hannibal Real Estate, LLC (HRE) \2\ an easement to use the Line for the purpose of providing rail service to an industrial park owned by HRE on property located adjacent to ORMET's property. Ohio Terminal Railway Company currently serves customers in the HRE industrial park pursuant to the easement.\3\ The customers in the HRE industrial park are currently the only rail shippers on the Line. ORP will acquire certain assets including the Line (collectively, the Hannibal Property) from Hannibal, and plans to redevelop the Hannibal Property for industrial use. ORP anticipates that industries located on the Hannibal Property may require rail service. Accordingly, ORP has filed the instant verified notice of exemption to acquire and operate the Line.\4\ --------------------------------------------------------------------------- \2\ Hannibal and HRE are not affiliated companies. \3\ See Ohio Terminal Ry.--Operation Exemption--Hannibal Real Estate, FD 35703 (STB served Jan. 11, 2013). \4\ The easement granted by ORMET gives HRE the right to use the Line only for the purpose of providing rail service to HRE's property. Accordingly, any new industries that locate on the Hannibal Property would be served by ORP. --------------------------------------------------------------------------- This transaction is related to a concurrently filed verified notice of exemption in Fortress Investment Group LLC--Continuance in Control Exemption--Ohio River Partners, LLC, Docket No. FD 35985, wherein Fortress seeks Board approval to continue in control of ORP and two other rail carriers (Central Maine & Quebec Railway US Inc. and Florida East Coast Railway, L.L.C.) currently controlled by other companies managed by affiliates of Fortress following consummation of the proposed transaction. The transaction may not be consummated until January 17, 2016 (30 days after the notice of exemption was filed). ORP certifies that its projected annual revenues as a result of this transaction will not result in its becoming a Class II or Class I rail carrier and will not exceed $5 million. ORP states that the transaction does not impose any interchange commitment on it. 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 January 8, 2016 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35984, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Terence M. Hynes, Sidley Austin LLP, 1501 K St. NW., Washington, DC 20005. Board decisions and notices are available on our Web site at ``WWW.STB.DOT.GOV.'' Decided: December 23, 2015. [[Page 81879]] By the Board, Julia M. Farr, Acting Director, Office of Proceedings. Raina S. Contee, Clearance Clerk. [FR Doc. 2015-32960 Filed 12-30-15; 8:45 am] BILLING CODE 4915-01-P
![81878 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices
17. May victims file civil suits or seek vulnerability to trafficking, such as customers in the HRE industrial park
legal action against their trafficker? Do registering births of indigenous are currently the only rail shippers on
victims avail themselves of those populations? the Line. ORP will acquire certain assets
remedies? Is there a formal policy that 26. Does the government provide including the Line (collectively, the
encourages victims’ voluntary financial support to NGOs working to Hannibal Property) from Hannibal, and
participation in investigations and promote public awareness or does the plans to redevelop the Hannibal
prosecutions? How did the government government implement such campaigns Property for industrial use. ORP
protect victims during the trial process? itself? Have public awareness anticipates that industries located on
If a victim was a material witness in a campaigns proven to be effective? the Hannibal Property may require rail
court case against a former employer, 27. Please provide additional service. Accordingly, ORP has filed the
was the victim permitted to obtain recommendations to improve the instant verified notice of exemption to
employment, move freely about the government’s anti-trafficking efforts. acquire and operate the Line.4
country, or leave the country pending 28. Please highlight effective This transaction is related to a
trial proceedings? How did the strategies and practices that other concurrently filed verified notice of
government work to ensure victims governments could consider adopting. exemption in Fortress Investment Group
were not re-traumatized during Dated: December 21, 2015. LLC—Continuance in Control
participation in trial proceedings? Can Kari Johnstone, Exemption—Ohio River Partners, LLC,
victims provide testimony via video or Principal Deputy, Office to Monitor and Docket No. FD 35985, wherein Fortress
written statements? Were victims’ Combat, Trafficking in Persons, U.S. seeks Board approval to continue in
identities kept confidential as part of Department of State. control of ORP and two other rail
such proceedings? [FR Doc. 2015–32950 Filed 12–30–15; 8:45 am] carriers (Central Maine & Quebec
18. Does the government repatriate BILLING CODE 4710–17–P Railway US Inc. and Florida East Coast
victims who wish to return home? Does Railway, L.L.C.) currently controlled by
the government assist with third other companies managed by affiliates
country resettlement? Does the of Fortress following consummation of
DEPARTMENT OF TRANSPORTATION
government engage in any analysis of the proposed transaction.
whether victims may face retribution or Surface Transportation Board The transaction may not be
hardship upon repatriation to their consummated until January 17, 2016 (30
country of origin? Are victims awaiting [Docket No. FD 35984]
days after the notice of exemption was
repatriation or third country filed).
Ohio River Partners LLC—Acquisition
resettlement offered services? Are
and Operation Exemption—Hannibal ORP certifies that its projected annual
victims indeed repatriated or are they
Development, LLC revenues as a result of this transaction
deported?
19. Does the government effectively will not result in its becoming a Class
Ohio River Partners LLC (ORP), a
assist its nationals exploited abroad? II or Class I rail carrier and will not
noncarrier, has filed a verified notice of
Does the government work to ensure exceed $5 million.
exemption under 49 CFR 1150.31 to
victims receive adequate assistance and acquire from Hannibal Development, ORP states that the transaction does
support for their repatriation while in LLC (Hannibal), and to operate 12.2 not impose any interchange
destination countries? Does the miles of rail line known as the Omal commitment on it.
government provide adequate assistance Secondary Track (the Line).1 The Line If the verified notice contains false or
to repatriated victims after their return extends between milepost 60.5 at or misleading information, the exemption
to their countries of origin, and if so, near Powhatan Point and milepost 72.7 is void ab initio. Petitions to revoke the
what forms of assistance? at or near Hannibal, in Monroe County, exemption under 49 U.S.C. 10502(d)
20. Does the government Ohio. may be filed at any time. The filing of
inappropriately detain or imprison Hannibal acquired the Line from the a petition to revoke will not
identified trafficking victims? bankruptcy estate of ORMET Railroad automatically stay the effectiveness of
21. Does the government punish Corporation (ORMET) in 2014. Prior to the exemption. Petitions to stay must be
trafficking victims for forgery of entering bankruptcy, ORMET granted filed no later than January 8, 2016 (at
documents, illegal immigration, Hannibal Real Estate, LLC (HRE) 2 an least seven days before the exemption
unauthorized employment, or easement to use the Line for the purpose becomes effective).
participation in illegal activities of providing rail service to an industrial An original and 10 copies of all
directed by the trafficker? park owned by HRE on property located pleadings, referring to Docket No. FD
22. What efforts has the government adjacent to ORMET’s property. Ohio 35984, must be filed with the Surface
made to prevent human trafficking? Terminal Railway Company currently Transportation Board, 395 E Street SW.,
23. Has the government entered into serves customers in the HRE industrial Washington, DC 20423–0001. In
effective bilateral, multilateral, or park pursuant to the easement.3 The addition, a copy of each pleading must
regional information-sharing and be served on Terence M. Hynes, Sidley
cooperation arrangements that have 1 ORP, a Delaware limited liability company, is Austin LLP, 1501 K St. NW.,
resulted in concrete and measureable controlled by Ohio River Partners Shareholder LLC, Washington, DC 20005.
outcomes? a Delaware limited liability company (ORPS). ORPS
is indirectly owned and controlled by Fortress
Board decisions and notices are
24. Does the country have effective available on our Web site at
Transportation and Infrastructure Investors LLC,
policies or laws regulating foreign labor which is managed by an affiliate of Fortress ‘‘WWW.STB.DOT.GOV.’’
tkelley on DSK3SPTVN1PROD with NOTICES
recruiters? What steps did the Investment Group LLC (Fortress). Upon
government take to minimize the consummation of the proposed transaction, ORPS Decided: December 23, 2015.
trafficking risks faced by migrant will own a 75% interest in ORP. The remaining
25% interest in ORP will be held by Hannibal. 4 The easement granted by ORMET gives HRE the
workers departing from or arriving in 2 Hannibal and HRE are not affiliated companies.
right to use the Line only for the purpose of
the country? 3 See Ohio Terminal Ry.—Operation Exemption— providing rail service to HRE’s property.
25. Does the government undertake Hannibal Real Estate, FD 35703 (STB served Jan. Accordingly, any new industries that locate on the
activities that could prevent or reduce 11, 2013). Hannibal Property would be served by ORP.
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![Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices 81879
By the Board, Julia M. Farr, Acting at or near Hannibal, a distance of 12.2 adversely affected by this transaction
Director, Office of Proceedings. miles in Monroe County, Ohio (the will be protected by the conditions set
Raina S. Contee, Line). ORP, a Delaware limited liability forth in Wisconsin Central Ltd.—
Clearance Clerk. company, is controlled by Ohio River Acquisition Exemption—Lines of Union
[FR Doc. 2015–32960 Filed 12–30–15; 8:45 am] Partners Shareholder LLC, a Delaware Pacific Railroad, 2 S.T.B. 218 (1997).
BILLING CODE 4915–01–P limited liability company (ORPS).1 If the notice contains false or
ORPS is indirectly owned and misleading information, the exemption
controlled by FTAI, which is managed is void ab initio. Petitions to revoke the
DEPARTMENT OF TRANSPORTATION by an affiliate of Fortress. exemption under 49 U.S.C. 10502(d)
The parties intend to consummate the may be filed at any time. The filing of
Surface Transportation Board proposed transaction as soon as a petition to revoke will not
practicable after the effective date of this automatically stay the effectiveness of
Release of Waybill Data notice of exemption and the concurrent the exemption. Petitions for stay must
The Surface Transportation Board has notice of exemption filed in Docket No. be filed no later than January 8, 2016.
FD 35984. An original and 10 copies of all
received a request Neville Peterson LLP
Two other rail carriers subject to the pleadings, referring to Docket No. FD
on behalf of Trinity Industries, Inc.
Board’s jurisdiction, Florida East Coast 35985, must be filed with the Surface
(WB605–12—12/22/15) for permission
Railway, L.L.C. (FECR) and Central Transportation Board, 395 E Street SW.,
to use certain data from the Board’s
Maine & Quebec Railway US Inc. Washington, DC 20423–0001. In
2014 Carload Waybill Sample. A copy of
(CMQR), are currently controlled by addition, one copy of each pleading
this request may be obtained from the
companies managed by affiliates of must be served on Terence M. Hynes,
Office of Economics.
Fortress.2 FECR, a Class II carrier Sidley Austin LLP, 1501 K Street NW.,
The waybill sample contains
operates approximately 350 miles of rail Washington, DC 20005.
confidential railroad and shipper data;
lines in the State of Florida extending Board decisions and notices are
therefore, if any parties object to these
between Jacksonville and the Miami available on our Web site at
requests, they should file their
metropolitan area. CMQR, a Class III WWW.STB.DOT.GOV.
objections with the Director of the
carrier, operates approximately 244 Decided: December 23, 2015.
Board’s Office of Economics within 14
miles of rail lines in the States of Maine By the Board, Julia M. Farr, Acting
calendar days of the date of this notice.
and Vermont. Director, Office of Proceedings.
The rules for release of waybill data are Fortress represents that: (1) The rail
codified at 49 CFR 1244.9. Raina S. Contee,
lines operated by FECR and CMQR do
Contact: Alexander Dusenberry, (202) not connect with each other, nor do they
Clearance Clerk.
245–0319. connect with the Line that ORP [FR Doc. 2015–32961 Filed 12–30–15; 8:45 am]
proposes to acquire and operate in BILLING CODE 4915–01–P
Jeffrey Herzig,
Clearance Clerk. Docket No. FD 35984; (2) the transaction
[FR Doc. 2015–32930 Filed 12–30–15; 8:45 am] that is the subject of Docket No. FD
35984 is not part of a series of DEPARTMENT OF TRANSPORTATION
BILLING CODE 4915–01–P
anticipated transactions that would Surface Transportation Board
connect the Line that ORP proposes to
acquire with the lines of any other rail [Docket No. FD 35976]
DEPARTMENT OF TRANSPORTATION
carrier owned by Fortress, any affiliate
of Fortress, or any investment fund or Roanoke Southern, LLC—Acquisition
Surface Transportation Board
entity managed by an affiliate of and Operation Exemption—Norfolk
[Docket No. FD 35985] Southern Railway Company
Fortress; 3 and (3) ORP, CMQR, and
Fortress Investment Group LLC— FECR are not Class I carriers. Therefore, Roanoke Southern, LLC (RSRL),1 a
Continuance in Control Exemption— the transaction is exempt from the prior noncarrier, has filed a verified notice of
Ohio River Partners LLC approval requirements of 49 U.S.C. exemption under 49 CFR 1150.31 to
11323. See 49 CFR 1180.2(d)(2). acquire, by donation from Norfolk
Fortress Investment Group LLC Under 49 U.S.C. 10502(g), the Board
Southern Railway Company (NSR), and
(Fortress) has filed a verified notice of may not use its exemption authority to
to operate an approximately 2.42-mile
exemption pursuant to 49 CFR relieve a rail carrier of its statutory
portion of a rail line known as the
1180.2(d)(2) for the benefit of Fortress obligation to protect the interests of its
Roanoke Belt Line between milepost R–
Transportation and Infrastructure employees. As a condition to the use of
4.5 (at a point north of Rolfe St., SW)
Investors LLC (FTAI), which is managed this exemption, any employees
and milepost R–6.92 (at a point east of
by an affiliate of Fortress, to continue in
the intersection of U.S. Business 220
control of Ohio River Partners LLC 1 Upon consummation of the proposed
transaction, ORPS will own a 75% interest in ORP. and Brandon Ave., SW), all of which is
(ORP), a noncarrier, upon ORP
The remaining 25% interest in ORP will be held by located in Roanoke, Va.
becoming a Class III rail carrier. Hannibal Development, LLC, which currently owns RSRL states that the line is being
This transaction is related to a the rail line that is the subject of ORP’s verified acquired to facilitate the
concurrently filed verified notice of notice of exemption in Docket No. FD 35984.
commencement of the VMT-sponsored,
exemption in Ohio River Partners LLC— 2 FECR is currently owned by FECR Rail Holding
LLC, which is, in turn, owned by investment funds intrastate excursion operations. RSRL
Acquisition & Operation Exemption—
managed by an affiliate of Fortress. CMQR is a notes that in the event that a demand for
tkelley on DSK3SPTVN1PROD with NOTICES
Hannibal Development, LLC, Docket No. subsidiary of Rail Acquisition Holdings LLC, a freight service was to emerge following
FD 35984, wherein ORP seeks Board Delaware limited liability company, which is, in
consummation of the proposed
approval under 49 CFR 1150.31 to turn, owned by FTAI.
3 Fortress’ representation concerning Docket No. transaction, RSRL acknowledges that it
acquire and operate a line of railroad,
FD 35984 is sufficient for purposes of the
known as the Omal Secondary Track, continuance in control exemption sought here 1 RSRL is directly controlled by the Virginia
that extends between milepost 60.5 at or through 49 CFR 1180.2(d)(2) given that the two Museum of Transportation, Inc. (VMT), a
near Powhatan Point and milepost 72.7 transactions are so closely related. noncarrier.
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Document Created: 2015-12-31 02:14:35
Document Modified: 2015-12-31 02:14:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 81878 |
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