Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest; Five Points Mezzanine Fund III, L.P., 67110-67111 [2021-25712]

Download as PDF 67110 Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices any impact or impose a burden on competition. (C) Clearing Agency’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments on the proposed rule change were not and are not intended to be solicited with respect to the proposed rule change and none have been received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Pursuant to Section 19(b)(3)(A)(ii) 13 of the Act, and Rule 19b–4(f)(2) thereunder,14 the proposed rule change is filed for immediate effectiveness as it constitutes a change in fees charged to OCC’s members. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. The proposal shall not take effect until all regulatory actions required with respect to the proposal are completed.15 IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: khammond on DSKJM1Z7X2PROD with NOTICES Electronic Comments • Use the Commission’s internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR– OCC–2021–012 on the subject line. Paper Comments • Send paper comments in triplicate to Vanessa Countryman, Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to File Number SR–OCC–2021–012. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use 13 15 U.S.C. 78s(b)(3)(A)(ii). CFR 240.19b–4(f)(2). 15 Notwithstanding its immediate effectiveness, implementation of this rule change will be delayed until this change is deemed certified under CFTC Regulation 40.6. 14 17 VerDate Sep<11>2014 17:05 Nov 23, 2021 Jkt 256001 only one method. The Commission will post all comments on the Commission’s internet website (http://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of OCC. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–OCC–2021–012 and should be submitted on or before December 15, 2021. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2021–25624 Filed 11–23–21; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [License No. 03/03–0283] Conflicts of Interest Exemption; Boathouse Capital III, L.P. Notice is hereby given that Boathouse Capital III, L.P., 353 W Lancaster Avenue, Suite 200, Wayne, PA 19087, a Federal Licensee under the Small Business Investment Act of 1958, as amended (‘‘the Act’’), in connection with the financing of a small business concern, has sought an exemption under Section 312 of the Act and Section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (‘‘SBA’’) Rules and Regulations (13 CFR 107.730). Boathouse Capital III, L.P. is seeking a written exemption from SBA for a proposed financing to Splashlight 16 17 PO 00000 CFR 200.30–3(a)(12). Frm 00092 Fmt 4703 Sfmt 4703 Holding, LLC, 75 Varick Street, 3rd Floor, New York, NY 10013. The financing is brought within the purview of § 107.730(a) of the Regulations because Splashlight Holding, LLC. is an Associate of Boathouse Capital III, L.P. because Associate Boathouse Capital II, L.P. owns a greater than ten percent interest in Splashlight Holding, LLC, therefore this transaction is considered Financing which constitute conflicts of interest requiring SBA’s prior written exemption. Notice is hereby given that any interested person may submit written comments on this transaction within fifteen days of the date of this publication to the Associate Administrator, Office of Investment and Innovation, U.S. Small Business Administration, 409 Third Street SW, Washington, DC 20416. United States Small Business Administration. Bailey G. DeVries, Associate Administrator, Office of Investment and Innovation. [FR Doc. 2021–25696 Filed 11–23–21; 8:45 am] BILLING CODE P SMALL BUSINESS ADMINISTRATION [License No. 04/04–0333] Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest; Five Points Mezzanine Fund III, L.P. Notice is hereby given that Five Points Mezzanine Fund III, L.P., 101 N. Cherry Street, Winston-Salem, NC 27101, a Federal Licensee under the Small Business Investment Act of 1958, as amended (‘‘the Act’’), in connection with the financing of a small concern, has sought an exemption under Section 312 of the Act and Section 107.730, Financings which Constitute Conflicts of Interest of the U.S. Small Business Administration (‘‘SBA’’) Rules and Regulations (13 CFR 107.730). Five Points Mezzanine Fund III, L.P. proposes to purchase its pro rata share of a recent debt financing from BMO Harris Bank, N.A. in Welcome Dairy Holdings, LLC, 225567 Silver Maple Lane, Colby, WI. The financing is brought within the purview of § 107.730(a) and (d) of the Regulations because RCP Advisors, an Associate of Five Points Mezzanine Fund III, L.P., indirectly owns more than ten percent of Welcome Dairy Holdings, LLC, and therefore this transaction is considered a financing of an Associate requiring prior SBA approval. E:\FR\FM\24NON1.SGM 24NON1 Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices Notice is hereby given that any interested person may submit written comments on the transaction, within fifteen days of the date of this publication, to the Associate Administrator for Investment and Innovation, U.S. Small Business Administration, 409 Third Street SW, Washington, DC 20416. Bailey DeVries, Associate Administrator, Office of Investment and Innovation. [FR Doc. 2021–25712 Filed 11–23–21; 8:45 am] BILLING CODE P SURFACE TRANSPORTATION BOARD [Docket No. FD 36562] khammond on DSKJM1Z7X2PROD with NOTICES BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36562, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on BNSF’s representative, Peter W. Denton, Steptoe & Johnson LLP, 1330 Connecticut Avenue NW, Washington, DC 20036. According to BNSF, this action is categorically excluded from environmental review under 49 CFR 1105.6(c)(3) and from historic preservation reporting requirements under 49 CFR 1105.8(b)(3). Board decisions and notices are available at www.stb.gov. Decided: November 19, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. BNSF Railway Company (BNSF), a Class I rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for overhead trackage rights over approximately 68 miles of rail line owned by Union Pacific Railroad Company (UP) between Attalia, Wash., and Riparia, Wash.; specifically, from UP Ayer Sub milepost 215 to milepost 269 and 14 miles over the Riparia Industrial Lead (the Line). BNSF and UP have entered into a written trackage rights agreement that grants BNSF trackage rights over the Line, over which BNSF and its predecessors have operated since 1967.1 The transaction may be consummated on December 9, 2021, the effective date of the exemption (30 days after the verified notice was filed). As a condition to this exemption, any employees affected by the acquisition of the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights— Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). If the 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 by December 2, 2021 (at least BNSF Railway Company (BNSF) has filed a verified notice of exemption under 49 CFR 1180.2(d)(7) to acquire overhead trackage rights from Union Pacific Railroad Company (UP). BNSF states that UP, pursuant to a written trackage rights agreement, has granted BNSF overhead trackage rights over approximately 0.672 miles of UP’s rail line between milepost 444.5, at or near Congo, Mo., on UP’s River Subdivision, and milepost 445.2, at or near Kansas City Terminal Railway’s Rock Creek Junction Connection in Kansas City, Mo. (the Line).1 BNSF states that the purpose of these trackage rights is to permit BNSF to operate through trains over the Line. The earliest this transaction may be consummated is December 9, 2021, the effective date of the exemption (30 days after the verified notice was filed). As a condition to this exemption, any employees affected by the acquisition of the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights— 1 A redacted version of the trackage rights agreement between UP and BNSF was filed with the verified notice. An unredacted version of the agreement was submitted to the Board under seal concurrently with a motion for protective order, which is addressed in a separate decision. 1 A redacted copy of the agreement, dated October 27, 2021, is attached to the verified notice. An unredacted copy has been filed under seal along with a motion for protective order pursuant to 49 CFR 1104.14. That motion is addressed in a separate decision. VerDate Sep<11>2014 17:05 Nov 23, 2021 Jkt 256001 [FR Doc. 2021–25651 Filed 11–23–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36563] BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 67111 Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). 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 by December 2, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36563, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on BNSF’s representative, Peter W. Denton, Steptoe & Johnson LLP, 1330 Connecticut Ave, NW, Washington, DC 20036. According to BNSF, this action is categorically excluded from environmental review under 49 CFR 1105.6(c)(3) and from historic preservation reporting requirements under 49 CFR 1105.8(b)(3). Board decisions and notices are available at www.stb.gov. Decided: November 18, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2021–25643 Filed 11–23–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36561] BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company BNSF Railway Company (BNSF), a Class I rail carrier, has filed a verified notice of exemption under 49 U.S.C. 1180.2(d)(7) for local and overhead trackage rights over approximately 25 miles of rail line owned by Union Pacific Railroad Company (UP) between Sterling, Colo., near UP milepost 56.71, and Union, Colo., near UP milepost 81.1, on UP’s Julesburg Subdivision (the Line). Pursuant to a June 25, 2021 written trackage rights agreement (amended on November 5, 2021), UP has agreed to grant trackage rights to BNSF over the Line.1 According to the verified notice, 1 An executed, redacted version of the trackage rights agreement and an executed version of the November 5, 2021 amendment were filed with the E:\FR\FM\24NON1.SGM Continued 24NON1

Agencies

[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Pages 67110-67111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25712]


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SMALL BUSINESS ADMINISTRATION

[License No. 04/04-0333]


Notice Seeking Exemption Under Section 312 of the Small Business 
Investment Act, Conflicts of Interest; Five Points Mezzanine Fund III, 
L.P.

    Notice is hereby given that Five Points Mezzanine Fund III, L.P., 
101 N. Cherry Street, Winston-Salem, NC 27101, a Federal Licensee under 
the Small Business Investment Act of 1958, as amended (``the Act''), in 
connection with the financing of a small concern, has sought an 
exemption under Section 312 of the Act and Section 107.730, Financings 
which Constitute Conflicts of Interest of the U.S. Small Business 
Administration (``SBA'') Rules and Regulations (13 CFR 107.730). Five 
Points Mezzanine Fund III, L.P. proposes to purchase its pro rata share 
of a recent debt financing from BMO Harris Bank, N.A. in Welcome Dairy 
Holdings, LLC, 225567 Silver Maple Lane, Colby, WI.
    The financing is brought within the purview of Sec.  107.730(a) and 
(d) of the Regulations because RCP Advisors, an Associate of Five 
Points Mezzanine Fund III, L.P., indirectly owns more than ten percent 
of Welcome Dairy Holdings, LLC, and therefore this transaction is 
considered a financing of an Associate requiring prior SBA approval.

[[Page 67111]]

    Notice is hereby given that any interested person may submit 
written comments on the transaction, within fifteen days of the date of 
this publication, to the Associate Administrator for Investment and 
Innovation, U.S. Small Business Administration, 409 Third Street SW, 
Washington, DC 20416.

Bailey DeVries,
Associate Administrator, Office of Investment and Innovation.
[FR Doc. 2021-25712 Filed 11-23-21; 8:45 am]
BILLING CODE P