82_FR_9293 82 FR 9271 - Itawamba Mississippian Railroad, LLC-Lease and Operation Exemption-Itawamba County Railroad Authority

82 FR 9271 - Itawamba Mississippian Railroad, LLC-Lease and Operation Exemption-Itawamba County Railroad Authority

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 22 (February 3, 2017)

Page Range9271-9271
FR Document2017-02293

Federal Register, Volume 82 Issue 22 (Friday, February 3, 2017)
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Page 9271]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02293]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36094]


Itawamba Mississippian Railroad, LLC--Lease and Operation 
Exemption--Itawamba County Railroad Authority

    Itawamba Mississippian Railroad, LLC (IMR), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to lease from the 
Itawamba County Railroad Authority (ICRA), a noncarrier and political 
subdivision of the State of Mississippi, and to operate, a 25-mile rail 
line, known as the Mississippian Railway, between milepost 0.0 in 
Amory, Miss., and milepost 25.0 in Fulton, Miss. (the Line).
    This transaction is related to a concurrently filed verified notice 
of exemption in Itawamba County Railroad Authority--Acquisition 
Exemption--Mississippian Railway, Docket No. FD 36093, in which ICRA 
seeks Board approval under 49 CFR 1150.31 to acquire the Line from the 
Itawamba County Port Commission (ICPC). IMR and ICRA have entered into 
a five-year lease agreement under which IMR will lease and operate the 
Line.
    IMR certifies that the projected annual revenues as a result of 
this transaction will not result in IMR's becoming a Class I or Class 
II rail carrier and will not exceed $5 million. IMR certifies also that 
the lease between IMA and ICRA does not involve any provision or 
agreement that would limit future interchange of traffic with a third-
party connecting carrier.
    The proposed transaction may be consummated on or after February 
18, 2017, the effective date of this 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 to stay must be filed by 
February 10, 2017 (at least seven days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36094, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on applicant's representative, Rodney M. Love, 
Mississippi Department of Transportation, 401 North West Street, Suite 
9500, Jackson, MS 39201.
    According to IMR, this action is categorically excluded from 
environmental reporting under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''

    Decided: January 30, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-02293 Filed 2-2-17; 8:45 am]
 BILLING CODE 4915-01-P



                                                                                   Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices                                                 9271

                                                    exemption from the Disclosure                           SURFACE TRANSPORTATION BOARD                            According to IMR, this action is
                                                    Requirements to permit a Subadvised                                                                           categorically excluded from
                                                    Series to disclose (as both a dollar                    [Docket No. FD 36094]                                 environmental reporting under 49 CFR
                                                    amount and a percentage of the                                                                                1105.6(c).
                                                                                                            Itawamba Mississippian Railroad,                        Board decisions and notices are
                                                    Subadvised Series’ net assets): (a) The
                                                                                                            LLC—Lease and Operation                               available on our Web site at
                                                    aggregate fees paid to the Adviser and
                                                                                                            Exemption—Itawamba County Railroad                    ‘‘WWW.STB.GOV.’’
                                                    any Affiliated Sub-Adviser; (b) the                     Authority
                                                    aggregate fees paid to Sub-Advisers                                                                             Decided: January 30, 2017.
                                                    other than Affiliated Sub-Advisers; and                    Itawamba Mississippian Railroad,                     By the Board, Rachel D. Campbell,
                                                    (c) the fee paid to each Affiliated Sub-                LLC (IMR), a noncarrier, has filed a                  Director, Office of Proceedings.
                                                    Adviser (collectively, Aggregate Fee                    verified notice of exemption under 49                 Kenyatta Clay,
                                                    Disclosure’’).4                                         CFR 1150.31 to lease from the Itawamba                Clearance Clerk.
                                                                                                            County Railroad Authority (ICRA), a
                                                       3. Applicants agree that any order                                                                         [FR Doc. 2017–02293 Filed 2–2–17; 8:45 am]
                                                                                                            noncarrier and political subdivision of
                                                    granting the requested relief will be                                                                         BILLING CODE 4915–01–P
                                                                                                            the State of Mississippi, and to operate,
                                                    subject to the terms and conditions
                                                                                                            a 25-mile rail line, known as the
                                                    stated in the application. Such terms
                                                                                                            Mississippian Railway, between                        SURFACE TRANSPORTATION BOARD
                                                    and conditions provide for, among other                 milepost 0.0 in Amory, Miss., and
                                                    safeguards, appropriate disclosure to                   milepost 25.0 in Fulton, Miss. (the                   [Docket No. FD 36093]
                                                    Subadvised Series’ shareholders and                     Line).
                                                    notification about sub-advisory changes                                                                       Itawamba County Railroad Authority—
                                                                                                               This transaction is related to a
                                                    and enhanced Board oversight to protect                                                                       Acquisition Exemption—Mississippian
                                                                                                            concurrently filed verified notice of
                                                    the interests of the Subadvised Series’                                                                       Railway
                                                                                                            exemption in Itawamba County
                                                    shareholders.                                           Railroad Authority—Acquisition                           Itawamba County Railroad Authority
                                                       4. Section 6(c) of the Act provides that             Exemption—Mississippian Railway,                      (ICRA), a noncarrier and political
                                                    the Commission may exempt any                           Docket No. FD 36093, in which ICRA                    subdivision of the State of Mississippi,
                                                    person, security, or transaction or any                 seeks Board approval under 49 CFR                     has filed a verified notice of exemption
                                                    class or classes of persons, securities, or             1150.31 to acquire the Line from the                  under 49 CFR 1150.31 to acquire from
                                                    transactions from any provisions of the                 Itawamba County Port Commission                       the Itawamba County Port Commission
                                                    Act, or any rule thereunder, if such                    (ICPC). IMR and ICRA have entered into                (ICPC) a 25-mile rail line, known as the
                                                    relief is necessary or appropriate in the               a five-year lease agreement under which               Mississippian Railway, between
                                                    public interest and consistent with the                 IMR will lease and operate the Line.                  milepost 0.0 in Amory, Miss., and
                                                    protection of investors and purposes                       IMR certifies that the projected annual            milepost 25.0 in Fulton, Miss. (the
                                                    fairly intended by the policy and                       revenues as a result of this transaction              Line).
                                                    provisions of the Act. Applicants                       will not result in IMR’s becoming a                      This transaction is related to a
                                                    believe that the requested relief meets                 Class I or Class II rail carrier and will             concurrently filed verified notice of
                                                    this standard because, as further                       not exceed $5 million. IMR certifies also             exemption in Itawamba Mississippian
                                                                                                            that the lease between IMA and ICRA                   Railroad, LLC—Lease and Operation
                                                    explained in the application, the
                                                                                                            does not involve any provision or                     Exemption—Itawamba County Railroad
                                                    Advisory Agreements will remain
                                                                                                            agreement that would limit future                     Authority, Docket No. FD 36094, in
                                                    subject to shareholder approval, while
                                                                                                            interchange of traffic with a third-party             which the Itawamba Mississippian
                                                    the role of the Sub-Advisers is
                                                                                                            connecting carrier.                                   Railroad, LLC (IMR) seeks Board
                                                    substantially similar to that of                           The proposed transaction may be                    approval under 49 CFR 1150.31 to lease
                                                    individual portfolio managers, so that                  consummated on or after February 18,                  from ICRA and operate the Line upon
                                                    requiring shareholder approval of Sub-                  2017, the effective date of this                      consummation of the transactions.
                                                    Advisory Agreements would impose                        exemption (30 days after the verified                    According to ICRA, an agreement has
                                                    unnecessary delays and expenses on the                  notice was filed). If the verified notice             been reached to transfer ownership of
                                                    Subadvised Series. Applicants believe                   contains false or misleading                          the Line and related assets from ICPC to
                                                    that the requested relief from the                      information, the exemption is void ab                 ICRA, and ICRA has reached an
                                                    Disclosure Requirements meets this                      initio. Petitions to revoke the exemption             agreement with IMR to lease and
                                                    standard because it will improve the                    under 49 U.S.C. 10502(d) may be filed                 operate the Line.
                                                    Adviser’s ability to negotiate fees paid                at any time. The filing of a petition to                 ICRA certifies that the projected
                                                    to the Sub-Advisers that are more                       revoke will not automatically stay the                annual revenues as a result of this
                                                    advantageous for the Subadvised Series.                 effectiveness of the exemption. Petitions             transaction will not result in ICRA’s
                                                      For the Commission, by the Division of                to stay must be filed by February 10,                 becoming a Class I or Class II rail carrier
                                                    Investment Management, under delegated                  2017 (at least seven days before the                  and will not exceed $5 million. ICRA
                                                    authority.                                              exemption becomes effective).                         certifies also that the proposed
                                                    Eduardo A. Aleman,                                         An original and 10 copies of all                   transaction does not involve any
                                                                                                            pleadings, referring to Docket No. FD                 provision or agreement between ICRA
                                                    Assistant Secretary.
                                                                                                            36094, must be filed with the Surface                 and ICPC that would limit future
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    [FR Doc. 2017–02264 Filed 2–2–17; 8:45 am]
                                                                                                            Transportation Board, 395 E Street SW.,               interchange of traffic with a third-party
                                                    BILLING CODE 8011–01–P                                  Washington, DC 20423–0001. In                         connecting carrier.
                                                                                                            addition, a copy of each pleading must                   The proposed transaction may be
                                                    sub-adviser to one or more of the Subadvised Series     be served on applicant’s representative,              consummated on or after February 18,
                                                    (‘‘Affiliated Sub-Adviser’’).                           Rodney M. Love, Mississippi                           2017, the effective date of this
                                                       4 For any Subadvised Series that is a Master Fund,

                                                    the relief would also permit any Feeder Fund
                                                                                                            Department of Transportation, 401                     exemption (30 days after the verified
                                                    invested in that Master Fund to disclose Aggregate      North West Street, Suite 9500, Jackson,               notice was filed). If the verified notice
                                                    Fee Disclosure.                                         MS 39201.                                             contains false or misleading


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Document Created: 2018-02-01 14:35:02
Document Modified: 2018-02-01 14:35:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 9271 

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