34830 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Notices 

1The Transtar Railroads are Union Railroad 

Company, Gary Railway Company, Delray 

Connecting Railroad Company, Texas & Northern 

Railroad Company, and Lake Terminal Railroad 

Company. Fortress states that all of the Transtar 

Railroads are Class III rail carriers. 

2The Fortress Railroads are Ohio River Partners 

Shareholder LLC (ORPS), Katahdin Railcar Services 

LLC (KRS), and DesertXpress Enterprises, LLC 

(DXE). Fortress states that DXE is authorized by the 

Board to construct high-speed passenger rail service 

in California, ORPS is a non-operating carrier, and 

KRS is a Class III rail carrier. 

1UP initially filed its verified notice on 

September 18, 2020. After submitting the filing, UP 

discovered that it inadvertently omitted that the 

Line extends into U.S. Postal Zip Code 92316 and 

into San Bernardino County. At the request of UP, 

the proceeding was held in abeyance by a decision 

served on October 6, 2020. UP now has corrected 

those omissions. UP filed its revised verified notice 

on June 2, 2021. 

will receive any additional 

compensation or remuneration of any 

kind as a result of or in connection with 

a Co-Investment Transaction other than 

(i) 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)(B)(z), (ii) brokerage or 

underwriting compensation permitted 

by section 17(e) or 57(k) or (iii) in the 

case of the Advisers, investment 

advisory compensation paid in 

accordance with investment advisory 

agreements between the applicable 

Regulated Fund(s) or Affiliated Fund(s) 

and its Adviser. 

15. Independence. 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. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

J. Matthew DesLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–13911 Filed 6–29–21; 8:45 am] 

BILLING CODE 8011–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36521] 

Fortress Investment Group LLC— 

Acquisition and Continuance in 

Control Exemption—Ohio River 

Partners Shareholder LLC, Katahdin 

Railcar Services, LLC, DesertXpress 

Enterprises, LLC, Union Railroad 

Company, Gary Railway Company, 

Delray Connecting Railroad Company, 

Texas & Northern Railroad Company, 

and Lake Terminal Railroad Company 

Fortress Investment Group LLC 

(Fortress), a noncarrier, has filed a 

verified notice of exemption under 49 

CFR 1180.2(d)(2) for the benefit of 

Fortress Transportation and 

Infrastructure Investors LLC (FTAI) and 

Percy Acquisition LLC (PALLC), which 

are managed by an affiliate of Fortress, 

to acquire control of five common 

carrier railroads (collectively, the 

Transtar Railroads) 1 that are currently 

owned by Transtar, LLC (Transtar), and 

to continue in control of both the 

Transtar Railroads and certain rail 

carriers (the Fortress Railroads) owned 

by companies or investment funds 

managed by affiliates of Fortress.2

The verified notice states that on June 

7, 2021, PALLC and United States Steel 

Corporation, Transtar’s current owner, 

entered into a purchase agreement 

pursuant to which PALLC will acquire 

100% of the equity interests of Transtar. 

Upon consummation of the transaction 

contemplated by the purchase 

agreement, PALLC, a non-carrier, will 

control the Transtar Railroads. PALLC is 

owned and controlled by FTAI which is 

managed by an affiliate of Fortress. 

Following the transaction, FTAI will 

continue to indirectly own 50.1% of the 

equity interests of ORPS and all of the 

equity interests of KRS, and investment 

funds managed by affiliates of Fortress 

will continue to indirectly own a 

majority of the equity interests of DXE. 

According to Fortress, ORPS, KRS, and 

DXE may each be deemed to be 

controlled by Fortress for purposes of 49 

U.S.C. 11323, because ORPS and KRS 

are indirectly controlled by FTAI, DXE 

is indirectly controlled by Brightline 

Holdings LLC, and FTAI and Brightline 

Holdings LLC are managed by affiliates 

of Fortress. 

The transaction may be consummated 

on or after July 14, 2021, the effective 

date of the exemption (30 days after the 

verified notice was filed). 

Fortress represents that: (1) None of 

the Transtar Railroads or Fortress 

Railroads connect with each other or 

will connect with each other following 

the transaction; (2) the transaction is not 

part of a series of anticipated 

transactions that would connect any of 

those carriers; and (3) none of the 

Transtar Railroads or Fortress Railroads 

is a Class I rail carrier. The proposed 

transaction is therefore exempt from the 

prior approval requirements of 49 U.S.C. 

11323 pursuant to 49 CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. However, 49 U.S.C. 11326(c) 

does not provide for labor protection for 

transactions under 49 U.S.C. 11324 and 

11325 that involve only Class III rail 

carriers. Because this transaction 

involves Class III rail carriers only, the 

Board, under the statute, may not 

impose labor protective conditions for 

this transaction. 

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 July 7, 2021 (at 

least seven days before the exemption 

becomes effective). 

All pleadings, referring to Docket No. 

FD 36521, should be filed with the 

Surface Transportation Board via efiling on the Board’s website. In 

addition, one copy of each pleading 

must be served on Fortress’s 

representative, Terence M. Hynes, 

Sidley Austin LLP, 1501 K Street NW, 

Washington, DC 20005. 

According to Fortress, 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: June 25, 2021. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Brendetta Jones, 

Clearance Clerk. 

[FR Doc. 2021–13987 Filed 6–29–21; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. AB 33 (Sub-No. 345X)] 

Union Pacific Railroad Company— 

Abandonment Exemption—in 

Riverside and San Bernardino 

Counties, CA 

Union Pacific Railroad Company (UP) 

has filed a verified notice of exemption 

under 49 CFR part 1152 subpart F— 

Exempt Abandonments to abandon an 

approximately 0.54-mile portion of the 

Crestmore Industrial Lead in Crestmore, 

Cal., between milepost 7.06 and 

milepost 7.6, in Riverside and San 

Bernardino Counties, Cal. (the Line). 

The Line traverses U.S. Postal Service 

Zip Codes 92509 and 92316.1


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Notices 34831 

2Persons 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). 

3The 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 

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. 

4Filing fees for OFAs and trail use requests can 

be found at 49 CFR 1002.2(f)(25) and (27), 

respectively. 

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 thus there is no need to 

reroute any overhead 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 either is pending with the 

Surface Transportation Board (Board) or 

with 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 1105.7(c) and 

1105.8 (notice of environmental and 

historic report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) 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) has been received,2

this exemption will be effective on July 

30, 2021, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,3

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 

July 12, 2021.4 Petitions to reopen or 

requests for public use conditions under 

49 CFR 1152.28 must be filed by July 20, 

2021. 

All pleadings, referring to Docket No. 

AB 33 (Sub-No. 345X), 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 UP’s representative, Jeremy 

M. 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, if any, of 

the abandonment on the environment 

and historic resources. OEA will issue a 

Draft Environmental Assessment (Draft 

EA) by July 2, 2021. 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 of a notice of consummation 

by June 30, 2022, 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: June 25, 2021. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2021–13979 Filed 6–29–21; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Rule on Disposal of 

Aeronautical Property at Cincinnati/ 

Northern Kentucky International 

Airport, Hebron, KY (CVG) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration is requesting public 

comment on a request by Kenton 

County Airport Board, to release of land 

(4.44 acres) at Cincinnati/Northern 

Kentucky International Airport from 

federal obligations. 

DATES: Comments must be received on 

or before July 30, 2021. 

ADDRESSES: Comments on this notice 

may be emailed to the FAA at the 

following email address: FAA/Memphis 

Airports District Office, Attn: Jamal 

Stovall, Community Planner, 

Jamal.Stovall@faa.gov. 

In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to Ms. Candace 

S. McGraw, CEO, Kenton County 

Airport Board at the following address: 

77 Comair Blvd., Erlanger, KY 41018. 

FOR FURTHER INFORMATION CONTACT: 

Jamal Stovall, Community Planner, 

Federal Aviation Administration, 

Memphis Airports District Office, 2600, 

Thousand Oaks Boulevard, Suite 2250, 

Memphis, TN 38118–2482, 

Jamal.Stovall@faa.gov, (901) 322–8185. 

The application may be reviewed in 

person at this same location, by 

appointment. 

SUPPLEMENTARY INFORMATION: The FAA 

proposes to rule and invites public 

comment on the request to release 

property for disposal at Cincinnati/ 

Northern Kentucky International 

Airport, 2939 Terminal Drive, Hebron, 

KY 41048, under the provisions of 49 

U.S.C. 47107(h)(2). The FAA 

determined that the request to release 

property at Cincinnati/Northern 

Kentucky International Airport (CVG) 

submitted by the Sponsor meets the 

procedural requirements of the Federal 

Aviation Administration and the release 

of these properties 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 request consists of the following: 

The Kenton County Airport Board is 

proposing the release of airport property 

totaling 4.44 acres, more or less. The 

Kenton County Airport Board proposes 

to sell six parcels of airport land totaling 

6.032 acres located on the northwest 

side of CVG along Petersburg Road, 

KY20 in Boone County, Kentucky. 

Three of the six parcels (referenced on 

the current Exhibit A as 8013 Lot 14, 

8077 Lot 15, and 8088 Lots 17&18) were 

purchased with Airport Improvement 

Plan (AIP) funds and are subject to this 

release. The three aforementioned AIP 

funded parcels account for 

approximately 4.44 acres of the 6.032 

acres being sold by the Board. The 

future use of the property is an access 

road for an industrial development to 

the north of the subject parcels. Portions 

of the parcels were previously 


jbell on DSKJLSW7X2PROD with NOTICES