325 South Route 31 Railroad, LLC-Operation Exemption-Tracks of 325 South Route 31, LLC in Kendall County, Ill.

CourtSurface Transportation Board
Citation86 FR 61379
Publication Date05 November 2021
Record Number2021-24282
61379
Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices
26
Applicants are not requesting and the staff is
not providing any relief for transaction fees
received in connection with any Co-Investment
Transaction.
12. Each Regulated Fund will
maintain the records required by section
57(f)(3) of the Act as if each of the
Regulated Funds were a BDC and each
of the investments permitted under
these conditions were approved by the
Required Majority under section 57(f) of
the Act.
13. No Non-Interested Trustee of a
Regulated Fund will also be a director,
general partner, managing member or
principal, or otherwise an ‘‘affiliated
person’’ (as defined in the Act) of any
of the Affiliated Investors.
14. The expenses, if any, associated
with acquiring, holding or disposing of
any securities acquired in a Co-
Investment Transaction (including,
without limitation, the expenses of the
distribution of any such securities
registered for sale under the 1933 Act)
will, to the extent not payable by the
Advisers under their respective
investment advisory agreements with
Affiliated Investors and the Regulated
Funds, be shared by the Regulated
Funds and the Affiliated Investors in
proportion to the relative amounts of the
securities held or to be acquired or
disposed of, as the case may be.
15. Any transaction fee
26
(including
break-up, structuring, monitoring or
commitment fees but excluding broker’s
fees contemplated by section 17(e) or
57(k) of the Act, as applicable), received
in connection with a Co-Investment
Transaction will be distributed to the
participating Regulated Funds and
Affiliated Investors on a pro rata basis
based on the amounts they invested or
committed, as the case may be, in such
Co-Investment Transaction. If any
transaction fee is to be held by an
Adviser pending consummation of the
transaction, the fee will be deposited
into an account maintained by the
Adviser at a bank or banks having the
qualifications prescribed in section
26(a)(1) of the Act, and the account will
earn a competitive rate of interest that
will also be divided pro rata among the
participating Regulated Funds and
Affiliated Investors based on the amount
they invest in such Co-Investment
Transaction. None of the Advisers, the
Primary Advisers, the Affiliated
Investors, the other Regulated Funds nor
any affiliated person of the Regulated
Funds or Affiliated Investors will
receive additional compensation or
remuneration of any kind as a result of
or in connection with a Co-Investment
Transaction (other than (a) in the case
of the Regulated Funds and the
Affiliated Investors, the pro rata
transaction fees described above and
fees or other compensation described in
condition 2(c)(iii)(D), and (b) in the case
of an Adviser or Primary Adviser,
investment advisory fees paid in
accordance with their respective
agreements between the Advisers and
the Regulated Fund or Affiliated
Investor).
16. If the Holders own in the aggregate
more than 25% of the Shares, then the
Holders will vote such Shares in the
same percentages as the Regulated
Fund’s other shareholders (not
including the Holders) when voting on
(1) the election of trustees; (2) the
removal of one or more trustees; or (3)
all other matters under either the Act or
applicable state law affecting the
Board’s composition, size or manner of
election.
17. Each Regulated Fund’s chief
compliance officer, as defined in rule
38a–1(a)(4) under the Act, will prepare
an annual report for its Board each year
that evaluates (and documents the basis
of that evaluation) the Regulated Fund’s
compliance with the terms and
conditions of the application and the
procedures established to achieve such
compliance.
For the Commission, by the Division of
Investment Management, under delegated
authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–24148 Filed 11–4–21; 8:45 am]
BILLING CODE 8011–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. EP 670 (Sub–No. 1)]
Notice of Rail Energy Transportation
Advisory Committee Meeting
AGENCY
: Surface Transportation Board.
ACTION
: Notice of Rail Energy
Transportation Advisory Committee
meeting.
SUMMARY
: Notice is hereby given of a
meeting of the Rail Energy
Transportation Advisory Committee
(RETAC), pursuant to the Federal
Advisory Committee Act.
DATES
: The meeting will be held on
Tuesday, November 16, 2021, beginning
at 1:00 p.m. E.S.T., and is expected to
conclude by 4:00 p.m. E.S.T.
ADDRESSES
: The meeting will be held
virtually via Zoom. See
SUPPLEMENTARY
INFORMATION
for registration details.
FOR FURTHER INFORMATION CONTACT
:
Kristen Nunnally at (202) 245–0312 or
Kristen.Nunnally@stb.gov. Assistance
for the hearing impaired is available
through the Federal Relay Service at
(800) 877–8339.
SUPPLEMENTARY INFORMATION
: RETAC
was formed in 2007 to provide advice
and guidance to the Board, and to serve
as a forum for discussion of emerging
issues related to the transportation of
energy resources by rail. Establishment
of a Rail Energy Transp. Advisory
Comm., EP 670 (STB served July 17,
2007). The purpose of this meeting is to
facilitate discussions regarding issues of
interest, including rail service,
infrastructure planning and
development, and effective coordination
among suppliers, rail carriers, and users
of energy resources. Agenda items for
this meeting may include a rail
performance measures review, industry
segment updates by RETAC members,
and a roundtable discussion.
The meeting, which is open to the
public via Zoom, will be conducted in
accordance with the Federal Advisory
Committee Act, 5 U.S.C. app. 2; Federal
Advisory Committee Management
regulations, 41 CFR pt. 102–3; the
RETAC charter; and Board procedures.
Members of the public who wish to
attend this meeting must register in
advance of the meeting. The registration
link will be provided on the Board’s
website at https://stb.gov/resources/
stakeholder-committees/retac/.
Registrations will be accepted on a
space-available basis. Further
communications about this meeting may
be announced through the Board’s
website at www.stb.gov.
Public Comments: Members of the
public may submit written comments to
RETAC at any time. Comments should
be emailed to Kristen Nunnally,
Kristen.Nunnally@stb.gov, with RETAC
Comments as the subject line.
Authority: 49 U.S.C. 1321, 49 U.S.C.
11101; 49 U.S.C. 11121.
Decided: November 1, 2021.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2021–24178 Filed 11–4–21; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36546]
325 South Route 31 Railroad, LLC—
Operation Exemption—Tracks of 325
South Route 31, LLC in Kendall
County, Ill.
325 South Route 31 Railroad, LLC
(SRRR), a noncarrier, has filed a verified
notice of exemption pursuant to 49 CFR
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61380
Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices
1
According to the verified notice, the Line
historically has connected to BNSF Railway
Company (BNSF) via a switch connection to two
BNSF-owned ancillary tracks that run parallel to
BNSF’s mainline tracks that run by the Site. SRRR
states that it will, through a separate agreement,
also lease those ancillary tracks from BNSF.
2
SRRR anticipates that Burlington Junction
Railroad (BJRR) will be that third-party railroad.
1150.31 to operate approximately
11,245 feet of track in Kendall County,
Ill. (the Line), owned by its parent
company, 325 South Route 31, LLC
(SR), also a noncarrier. The Line is on
a 350-acre industrial site located
approximately 40 miles west of Chicago,
Ill. (the Site). The Line has no mileposts.
According to SRRR, no common carrier
services are currently being offered on
the Line.
According to the verified notice,
SRRR will enter into an agreement with
SR that will allow SRRR the rights to
lease, operate, and maintain the Line.
1
SRRR states that it intends to
rehabilitate some of the existing tracks
prior to commencing rail service
operations on the Line. SRRR states that,
as the Site is being developed and as
industries locate on the Line in the short
term, a third party will provide
switching operations on the Line by
contract.
2
SRRR states that it plans to
close the transaction on or after the
effective date of this exemption.
SRRR states that the proposed
operation of the Line does not involve
any provision or agreement that would
limit future interchange on the Line
with a third-party connecting carrier.
SRRR certifies that its projected annual
revenues are not expected to exceed $5
million or exceed the level that would
qualify it as a Class III rail carrier.
The earliest this transaction may be
consummated is November 21, 2021, 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 November 12,
2021.
All pleadings, referring to Docket No.
FD 36546, 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 SRRR’s representative,
Thomas W. Wilcox, Law Office of
Thomas W. Wilcox, LLC, 1629 K Street
NW, Suite 300, Washington, DC 20006.
According to SRRR, 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: November 2, 2021.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021–24282 Filed 11–4–21; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of rquest to release airport
property for land disposal
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Notice of request to rule on
release of airport property for land
disposal at the Ankeny Regional Airport
(IKV), Ankeny, Iowa.
SUMMARY
: The FAA proposes to rule and
invites public comment on the release of
land at the Ankeny Regional Airport
(IKV), Ankeny, Iowa, under the
provisions of 49 U.S.C. 47107(h)(2).
DATES
: Comments must be received on
or before December 6, 2021.
ADDRESSES
: Comments on this
application may be mailed or delivered
to the FAA at the following address:
Amy J. Walter, Airports Land Specialist,
Federal Aviation Administration,
Airports Division, ACE–620G, 901
Locust, Room 364, Kansas City, MO
64106.
In addition, one copy of any
comments submitted to the FAA must
be mailed or delivered to: Amy S.
Beattie, Brick Gentry PC, Attorney for
the Polk County Aviation Authority,
6701 Westown Parkway, Suite 100,
West Des Moines, Iowa 50266, (515)
274–1450.
FOR FURTHER INFORMATION CONTACT
:
Amy J. Walter, Airports Land Specialist,
Federal Aviation Administration,
Airports Division, ACE–620G, 901
Locust, Room 364, Kansas City, MO
64106, (816) 329–2603, amy.walter@
faa.gov. The request to release property
may be reviewed, by appointment, in
person at this same location.
SUPPLEMENTARY INFORMATION
: The FAA
invites public comment on the request
to release one tract of land consisting of
approximately 16.06 acres of airport
property at the Ankeny Regional Airport
(IKV) under the provisions of 49 U.S.C.
47107(h)(2). On October 28, 2021, the
Attorney for the Polk County Aviation
Authority requested a release from the
FAA to sell a tract of land, 16.06 acres.
Buyer, ATI Capital, LLC, will use the
land for development. On November 1,
2021, the FAA determined the request
to release property at the Ankeny
Regional Airport (IKV) submitted by the
Sponsor meets the procedural
requirements of the Federal Aviation
Administration and the release of the
property does not and will not impact
future aviation needs at the airport. The
FAA may approve the request, in whole
or in part, no sooner than thirty days
after the publication of this notice.
The following is a brief overview of
the request:
The Ankeny Regional Airport (IKV) is
proposing the release of airport property
containing 16.06 acres, more or less.
The release of land is necessary to
comply with Federal Aviation
Administration Grant Assurances that
do not allow federally acquired airport
property to be used for non-aviation
purposes. The sale of the subject
property will result in the land at the
Ankeny Regional Airport (IKV) being
changed from aeronautical to non-
aeronautical use and release the lands
from the conditions of the Airport
Improvement Program Grant Agreement
Grant Assurances in order to dispose of
the land. In accordance with 49 U.S.C.
47107(c)(2)(B)(i) and (iii), the airport
will receive fair market value for the
property, which will be subsequently
reinvested in another eligible airport
improvement project for general
aviation use.
Any person may inspect, by
appointment, the request in person at
the FAA office listed above under
FOR
FURTHER INFORMATION CONTACT
. In
addition, any person may, upon
appointment and request, inspect the
application, notice and other documents
determined by the FAA to be related to
the application in person at the Ankeny
City Hall.
Issued in Kansas City, MO, on November
1, 2021.
James A. Johnson,
Director, FAA Central Region, Airports
Division.
[FR Doc. 2021–24190 Filed 11–4–21; 8:45 am]
BILLING CODE 4910–13–P
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