[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