Notice of Rail Energy Transportation Advisory Committee Meeting, 55923-55924 [2020-20014]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 176 / Thursday, September 10, 2020 / Notices the amount of the proposed Follow-On Investment, by each Regulated Fund. (b) A Regulated Fund may participate in such Follow-On Investment without obtaining prior approval of the Required Majority if: (i) The proposed participation of each Regulated Fund and each Affiliated Fund in such investment is proportionate to its outstanding investments in the issuer immediately preceding the Follow-On Investment; and (ii) the Board of the Regulated Fund has approved as being in the best interests of the Regulated Fund the ability to participate in Follow-On Investments on a pro rata basis (as described in greater detail in the application). In all other cases, the Adviser will provide its written recommendation as to the Regulated Fund’s participation to the Eligible Trustees, and the Regulated Fund will participate in such Follow-On Investment solely to the extent that a Required Majority determines that it is in the Regulated Fund’s best interests. (c) If, with respect to any Follow-On Investment: (i) The amount of the opportunity is not based on the Regulated Funds’ and the Affiliated Funds’ outstanding investments immediately preceding the Follow-On Investment; and (ii) the aggregate amount recommended by the applicable Adviser to be invested by the applicable Regulated Fund in the Follow-On Investment, together with the amount proposed to be invested by the other participating Regulated Funds and Affiliated Funds, collectively, in the same transaction, exceeds the amount of the investment opportunity, then the investment opportunity will be allocated among them pro rata based on each participant’s Available Capital, up to the maximum amount proposed to be invested by each. (d) The acquisition of Follow-On Investments as permitted by this Condition will be considered a CoInvestment Transaction for all purposes and subject to the other Conditions set forth in the application. 9. The Non-Interested Trustees of each Regulated Fund will be provided quarterly for review all information concerning Potential Co-Investment Transactions and Co-Investment Transactions, including investments made by other Regulated Funds or Affiliated Funds that the Regulated Fund considered but declined to participate in, so that the Non-Interested Trustees may determine whether all investments made during the preceding quarter, including those investments that the Regulated Fund considered but declined to participate in, comply with VerDate Sep<11>2014 16:38 Sep 09, 2020 Jkt 250001 the Conditions of the Order. In addition, the Non-Interested Trustees will consider at least annually the continued appropriateness for the Regulated Fund of participating in new and existing CoInvestment Transactions. 10. 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 business development company (as defined in section 2(a)(48) of the Act) and each of the investments permitted under these Conditions were approved by the Required Majority under section 57(f) of the Act. 11. 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 an Affiliated Fund. 12. The expenses, if any, associated with acquiring, holding or disposing of any securities acquired in a CoInvestment 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 the Affiliated Funds and the Regulated Funds, be shared by the Regulated Funds and the Affiliated Funds in proportion to the relative amounts of the securities held or to be acquired or disposed of, as the case may be. 13. Any transaction fee 16 (including break-up or commitment fees but excluding broker’s fees contemplated by section 17(e) of the Act, as applicable), received in connection with a CoInvestment Transaction will be distributed to the participating Regulated Funds and Affiliated Funds 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 such 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 Funds based on the amounts they invest in such Co-Investment Transaction. None of the Affiliated Funds, the Advisers, the other Regulated Funds or any 16 Applicants are not requesting and the staff is not providing any relief for transaction fees received in connection with any Co-Investment Transaction. PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 55923 affiliated person of the Regulated Funds or Affiliated Funds 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 Funds, the pro rata transaction fees described above and fees or other compensation described in Condition 2(c)(iii)(C); and (b) in the case of an Adviser, investment advisory fees paid in accordance with the agreement between the Adviser and the Regulated Fund or Affiliated Fund. 14. If the Holders own in the aggregate more than 25 percent of the Shares of a Regulated Fund, 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 directors; (2) the removal of one or more directors; or (3) any other matter under either the Act or applicable state law affecting the Board’s composition, size or manner of election. 15. 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 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. 2020–20026 Filed 9–9–20; 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 Surface Transportation Board. Notice of Rail Energy Transportation Advisory Committee meeting. AGENCY: ACTION: 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 Wednesday, October 7, 2020, beginning at 9:00 a.m. E.D.T., and is expected to conclude by noon E.D.T. SUMMARY: E:\FR\FM\10SEN1.SGM 10SEN1 55924 Federal Register / Vol. 85, No. 176 / Thursday, September 10, 2020 / Notices The meeting will be held virtually via Zoom. See SUPPLEMENTARY INFORMATION for registration details. SURFACE TRANSPORTATION BOARD FOR FURTHER INFORMATION CONTACT: Union Pacific Railroad Company— Abandonment Exemption—in Harris County, Tex. ADDRESSES: 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. 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, including coal, ethanol, and other biofuels. 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 is provided on the Board’s website at https://prod.stb.gov/resources/ stakeholder-committees/retac/. Registrations will be accepted on a space-available basis. Any further communications about this meeting will be announced through the Board’s website at www.stb.gov. Written Comments: Members of the public may submit written comments to RETAC at any time. Comments should be addressed to RETAC, c/o Kristen Nunnally, Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001 or Kristen.Nunnally@ stb.gov. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES Authority: 49 U.S.C. 1321, 49 U.S.C. 11101; 49 U.S.C. 11121. Decided: September 4, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2020–20014 Filed 9–9–20; 8:45 am] BILLING CODE 4915–01–P VerDate Sep<11>2014 16:38 Sep 09, 2020 Jkt 250001 [Docket No. AB 33 (Sub–No. 343X)] Union Pacific Railroad Company (UP) has filed a verified notice of exemption under 49 CFR part 1152 subpart F— Exempt Abandonments to abandon rail service over an approximately 1.24-mile portion of the Houston Navigation Lead, from milepost 0.98 to milepost 1.31 and from milepost 1.71 to milepost 2.62, in Harris County, Tex. (the Line). The Line traverses U.S. Postal Service Zip Codes 77002 and 77003. UP has certified that: (1) No local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years and there is therefore no need to reroute any traffic; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line is pending either with the Surface Transportation Board (Board) or any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication), 49 CFR 1152.50(d)(1) (notice to governmental agencies), and 49 CFR 1105.7 and 1105.8 (environmental and historic report) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) 1 has been received, this exemption will be effective on October 10, 2020, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues 2 must 1 Persons interested in submitting an OFA must first file a formal expression of intent to file an offer, indicating the type of financial assistance they wish to provide (i.e., subsidy or purchase) and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(2)(i). 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 be filed by September 18, 2020, and formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2) and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by September 21, 2020.3 Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 30, 2020, with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. A copy of any petition filed with Board should be sent to UP’s representative, Jeremy Berman, 1400 Douglas St. #1580, Omaha, NE 68179. If the verified notice contains false or misleading information, the exemption is void ab initio. UP has filed a combined environmental and historic report that addresses the potential effects of the abandonment on the environment and historic resources. OEA will issue a Draft Environmental Assessment (Draft EA) by September 15, 2020. The Draft EA will be available to interested persons on the Board’s website, by writing to OEA, or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877– 8339. Comments on environmental and historic preservation matters must be filed within 15 days after the Draft EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by UP’s filing a notice of consummation by September 10, 2021, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. Decided: September 4, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2020–20017 Filed 9–9–20; 8:45 am] BILLING CODE 4915–01–P I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Filings fees for OFAs and trail use requests can be found at 49 CFR 1002.2(f)(25) and (27), respectively. E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Notices]
[Pages 55923-55924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20014]


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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.

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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 Wednesday, October 7, 2020, 
beginning at 9:00 a.m. E.D.T., and is expected to conclude by noon 
E.D.T.

[[Page 55924]]


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 
[email protected]. 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, including coal, ethanol, and other biofuels. 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 is provided on the Board's website at 
https://prod.stb.gov/resources/stakeholder-committees/retac/. 
Registrations will be accepted on a space-available basis. Any further 
communications about this meeting will be announced through the Board's 
website at www.stb.gov.
    Written Comments: Members of the public may submit written comments 
to RETAC at any time. Comments should be addressed to RETAC, c/o 
Kristen Nunnally, Surface Transportation Board, 395 E Street SW, 
Washington, DC 20423-0001 or [email protected].

    Authority: 49 U.S.C. 1321, 49 U.S.C. 11101; 49 U.S.C. 11121.

    Decided: September 4, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.

[FR Doc. 2020-20014 Filed 9-9-20; 8:45 am]
BILLING CODE 4915-01-P