Western Nevada Railroad, LLC-Lease and Operation Exemption-Line in Churchill County, Nev., 1000-1001 [2022-00069]

Download as PDF 1000 Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices interval between the date of purchase of the Shares and the valuation date with respect to the repurchase of such Shares is less than a specified period. Any Repurchase Fee will apply equally to all shareholders of the applicable Fund, regardless of class, consistent with Section 18 of the Act and Rule 18f–3 under the Act. To the extent a Fund determines to waive, impose scheduled variations of, or eliminate any Repurchase Fees, it will do so consistently with the requirements of Rule 22d–1 under the Act as if the Repurchase Fee were a CDSC and as if the Fund were an open-end investment company and the Fund’s waiver of, scheduled variation in, or elimination of, the Repurchase Fee will apply uniformly to all shareholders of the Fund. tkelley on DSK125TN23PROD with NOTICE Applicants’ Legal Analysis Multiple Classes of Shares 1. Section 18(a)(2) of the Act provides that a closed-end investment company may not issue or sell a senior security that is a stock unless certain requirements are met. Applicants state that the creation of multiple classes of shares of the Funds may violate Section 18(a)(2), which is made applicable to BDCs through Section 61(a) of the Act, because the Funds may not meet such requirements with respect to a class of shares that may be a senior security. 2. Section 18(c) of the Act provides, in relevant part, that a closed-end investment company may not issue or sell any senior security if, immediately thereafter, the company has outstanding more than one class of senior security. Applicants state that the creation of multiple classes of Shares of the Funds may be prohibited by Section 18(c), which is made applicable to BDCs through Section 61(a) of the Act, as a class may have priority over another class as to payment of dividends because shareholders of different classes would pay different fees and expenses. 3. Section 18(i) of the Act provides that each share of stock issued by a registered management investment company will be a voting stock and have equal voting rights with every other outstanding voting stock. Applicants state that multiple classes of shares of the Funds may violate Section 18(i) of the Act, which is made applicable to BDCs through Section 61(a) of the Act, because each class would be entitled to exclusive voting rights with respect to matters solely related to that class. 4. Section 6(c) of the Act provides that the Commission may exempt any person, security or transaction or any VerDate Sep<11>2014 17:08 Jan 06, 2022 Jkt 256001 class or classes of persons, securities or transactions from any provision of the Act, or from any rule or regulation under the Act, if and to the extent such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. Applicants request an exemption under Section 6(c) from Sections 18(a)(2), 18(c) and 18(i) (which are made applicable to BDCs by Section 61(a) of the Act) to permit the Funds to issue multiple classes of Shares. 5. Applicants submit that the proposed allocation of expenses relating to distribution and voting rights among multiple classes is equitable and will not discriminate against any group or class of shareholders. Applicants submit that the proposed arrangements would permit a Fund to facilitate the distribution of its Shares and provide investors with a broader choice of fee options. Applicants assert that the proposed BDC multiple class structure does not raise the concerns underlying Section 18 of the Act to any greater degree than open-end management investment companies’ multiple class structures that are permitted by Rule 18f–3 under the Act. Applicants’ Condition Applicants agree that any order granting the requested relief will be subject to the following condition: 1. Each Fund will comply with the provisions of Rules 6c–10 (except to the extent a Fund will comply with FINRA Rule 2310 rather than FINRA Rule 2341), 12b–1, 17d–3, 18f–3, 22d–1, and, where applicable, 11a–3 under the 1940 Act, as amended from time to time, or any successor rules thereto, as if those rules applied to BDCs. In addition, each Fund will comply with FINRA Rule 2310, as amended from time to time, or any successor rule thereto, and will make available to any distributor of a Fund’s shares all of the information necessary to permit the distributor to prepare client account statements in compliance with FINRA Rule 2231. For the Commission, by the Division of Investment Management, under delegated authority. J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2022–00065 Filed 1–6–22; 8:45 am] BILLING CODE 8011–01–P PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 SURFACE TRANSPORTATION BOARD [Docket No. FD 36573] Western Nevada Railroad, LLC—Lease and Operation Exemption—Line in Churchill County, Nev. Western Nevada Railroad, LLC (WNRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to enter into an agreement to lease and operate 4,100 feet of existing track at the Fernley Business Park (FBP) at or near Fernley/Darwin, Churchill County, Nev. (the Line). WNRR states that the Line connects to a rail line owned by Union Pacific Railroad Company (UP), over which BNSF Railway Company (BNSF) also has service rights. According to WNRR, the Line is currently private industry track that is served by UP and BNSF with switching service provided by a third-party contract switching operator, Western Nevada Transload, LLC (WNT). WNRR states that it will enter into a lease and operating agreement for the Line with Fernley Business Park, LLC, the owner of FBP. WNRR states that it will also obtain the right to construct additional industrial tracks in FBP to attract additional customers and rail business, and that WNT will continue to provide contract switching service on the Line until the buildout is complete and additional rail-served industries locate at FBP. WNRR states that no interchange commitments are being imposed on its operations by the lease and operating agreement. WNRR certifies that its projected revenues as a result of the transaction will not exceed those that would qualify it as a Class III carrier and will not exceed $5 million. The transaction may be consummated on or after January 21, 2022, 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 January 14, 2022 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36573, 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 WNRR’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103. E:\FR\FM\07JAN1.SGM 07JAN1 Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices According to WNRR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: December 30, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2022–00069 Filed 1–6–22; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Membership in the National Parks Overflights Advisory Group Federal Aviation Administration, (FAA), DOT. ACTION: Solicitation of applications. AGENCY: The Federal Aviation Administration (FAA) and the National Park Service (NPS) invite interested persons to apply to fill one current and two upcoming vacancies on the National Parks Overflights Advisory Group (NPOAG). This notice invites interested persons to apply for the openings. The current opening is for a representative of Native American tribes. The upcoming openings are for another representative of Native American tribes and a representative of general aviation concerns. DATES: Persons interested in these membership openings will need to apply by February 7, 2022. FOR FURTHER INFORMATION CONTACT: Keith Lusk, Special Programs Staff, Federal Aviation Administration, Western-Pacific Region Headquarters, 777 S Aviation Boulevard, Suite 150, El Segundo, CA 90245, telephone: (424) 405–7017, email: Keith.Lusk@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: tkelley on DSK125TN23PROD with NOTICE Background The National Parks Air Tour Management Act of 2000 (the Act) was enacted on April 5, 2000, as Public Law 106–181, and subsequently amended in the FAA Modernization and Reform Act of 2012. The Act required the establishment of the advisory group within one year after its enactment. The NPOAG was established in March 2001. The advisory group is comprised of representatives of general aviation, commercial air tour operators, environmental concerns, and Native American tribes. The Administrator of VerDate Sep<11>2014 17:08 Jan 06, 2022 Jkt 256001 the FAA and the Director of NPS (or their designees) serve as ex officio members of the group. Representatives of the Administrator and Director serve alternating 1-year terms as chairman of the advisory group. In accordance with the Act, the advisory group provides ‘‘advice, information, and recommendations to the Administrator and the Director— (1) On the implementation of this title [the Act] and the amendments made by this title; (2) On commonly accepted quiet aircraft technology for use in commercial air tour operations over a national park or tribal lands, which will receive preferential treatment in a given air tour management plan; (3) On other measures that might be taken to accommodate the interests of visitors to national parks; and (4) At the request of the Administrator and the Director, safety, environmental, and other issues related to commercial air tour operations over a national park or tribal lands.’’ Membership The current NPOAG is made up of one member representing general aviation, three members representing the commercial air tour industry, four members representing environmental concerns, and two members representing Native American tribes. Members serve three year terms. Current members of the NPOAG are as follows: Melissa Rudinger representing general aviation; Eric Lincoln, James Viola, and John Becker representing commercial air tour operators; Robert Randall, Dick Hingson, Les Blomberg, and John Eastman representing environmental interests; and Carl Slater representing Native American tribes, with one current opening. The three-year term of Mr. Slater expires on February 18, 2022 and the three-year term of Ms. Rudinger expires on April 3, 2022. Selections In order to retain balance within the NPOAG, the FAA and NPS are seeking candidates interested in filling the one current vacant seat and one upcoming opening representing Native American tribes and the one upcoming seat representing general aviation concerns. The FAA and NPS invite persons interested in these openings on the NPOAG to contact Mr. Keith Lusk (contact information is written above in FOR FURTHER INFORMATION CONTACT). Requests to serve on the NPOAG must be made to Mr. Lusk in writing and postmarked or emailed on or before February 7, 2022. Any request to fill one of these seats must describe the PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 1001 requestor’s affiliation with general aviation or federally-recognized Native American tribes, as appropriate. The request should also explain what expertise the requestor would bring to the NPOAG as related to issues and concerns with aircraft flights over national parks or tribal lands. The term of service for NPOAG members is 3 years. Members may re-apply for another term. On August 13, 2014, the Office of Management and Budget issued revised guidance regarding the prohibition against appointing or not reappointing federally registered lobbyists to serve on advisory committees (79 FR 47482). Therefore, before appointing an applicant to serve on the NPOAG, the FAA and NPS will require the prospective candidate to certify that they are not a federally registered lobbyist. Issued in El Segundo, CA, on January 4, 2022. Keith Lusk, Program Manager, Special Programs Staff, Western-Pacific Region. [FR Doc. 2022–00098 Filed 1–6–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2022–0002] Agency Information Collection Activities; Emergency Approval of a New Information Collection Request: Apprenticeship Pilot Program Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of request for emergency OMB approval. AGENCY: In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the new Information Collection Request (ICR) discussed below has been forwarded to the Office of Management and Budget (OMB) for review and emergency approval. FMCSA requests that OMB approve this collection by January 13, 2021. DATES: Comments must be submitted on or before January 12, 2022. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within by January 12, 2022 to www.reginfo.gov/public/do/PRAMain. All comments received are part of the public record. Comments will generally SUMMARY: E:\FR\FM\07JAN1.SGM 07JAN1

Agencies

[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 1000-1001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00069]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36573]


Western Nevada Railroad, LLC--Lease and Operation Exemption--Line 
in Churchill County, Nev.

    Western Nevada Railroad, LLC (WNRR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to enter into an 
agreement to lease and operate 4,100 feet of existing track at the 
Fernley Business Park (FBP) at or near Fernley/Darwin, Churchill 
County, Nev. (the Line).
    WNRR states that the Line connects to a rail line owned by Union 
Pacific Railroad Company (UP), over which BNSF Railway Company (BNSF) 
also has service rights. According to WNRR, the Line is currently 
private industry track that is served by UP and BNSF with switching 
service provided by a third-party contract switching operator, Western 
Nevada Transload, LLC (WNT). WNRR states that it will enter into a 
lease and operating agreement for the Line with Fernley Business Park, 
LLC, the owner of FBP. WNRR states that it will also obtain the right 
to construct additional industrial tracks in FBP to attract additional 
customers and rail business, and that WNT will continue to provide 
contract switching service on the Line until the buildout is complete 
and additional rail-served industries locate at FBP.
    WNRR states that no interchange commitments are being imposed on 
its operations by the lease and operating agreement. WNRR certifies 
that its projected revenues as a result of the transaction will not 
exceed those that would qualify it as a Class III carrier and will not 
exceed $5 million.
    The transaction may be consummated on or after January 21, 2022, 
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 January 14, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36573, 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 WNRR's 
representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 
2001 Market Street, Suite 2620, Philadelphia, PA 19103.

[[Page 1001]]

    According to WNRR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: December 30, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-00069 Filed 1-6-22; 8:45 am]
BILLING CODE 4915-01-P