[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Notices]
[Pages 28913-28917]
[FR Doc No: 2017-13263]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 32687; 812-14682]

1889 BDC, Inc., et al.; Notice of Application

June 21, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of application for an order under sections 17(d) and 57(i)
of the Investment Company Act of 1940 (the ``Act'') and rule 17d-1
under the Act to permit certain joint transactions otherwise prohibited
by sections 17(d) and 57(a)(4) of the Act and rule 17d-1 under the Act.

Summary of Application: Applicants request an order to permit business
development companies (``BDCs'') to co-invest in portfolio companies
with each other and with affiliated investment funds.

Applicants:  1889 BDC, Inc. (the ``Fund''), 1889 Adviser, LLC (the
``BDC Adviser''), on behalf of itself and its successors,\1\ Angelo
Gordon & Co., L.P., (the ``Existing Affiliated Adviser''), on behalf of
itself and its successors, AG Diversified Credit Strategies Master,
L.P., AG Diversified Income Master Fund, L.P., AG Super Fund, L.P., AG
Super Fund International Partners, L.P., AG Direct Lending Fund, L.P.,
AG DLI Investments, L.P., AG GTDL Fund, L.P., AG KFHDL Fund, L.P., AG
Mountain Laurel Direct Lending Fund, L.P., AG Centre Street
Partnership, L.P., AG Direct Lending Fund II, L.P., AG Direct Lending
Fund II (Unlevered), L.P., AG DLI Investments II, L.P., AG DLI
Investments II (Unlevered), L.P., and AG GTDL Fund II, L.P.
(collectively, the ``Existing Affiliated Funds'').
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    \1\ The term ``successor,'' as applied to each Adviser (defined
below), means an entity that results from a reorganization into
another jurisdiction or change in the type of business organization.

Filing Dates:  The application was filed on August 5, 2016 and amended
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on December 12, 2016, April 21, 2017 and May 11, 2017.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on July 17, 2017, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
St. NE., Washington, DC 20549-1090. Applicants: 245 Park Avenue, 26th
Floor, New York, NY 10167.

FOR FURTHER INFORMATION CONTACT: Bruce R. MacNeil, Senior Counsel, at
(202) 551-6817 or David J. Marcinkus, Branch Chief, at<PHONE_NUMBER>
(Chief Counsel's Office, Division of Investment Management).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Fund is a Delaware corporation organized as a closed-end
management investment company that has elected to be regulated as a BDC
under Section 54(a) of the Act.\2\ The Fund's Objectives and Strategies
\3\ are to generate consistent absolute returns through cash coupons,
fees and when available equity co-investments, while minimizing the
risk of loss and to generate consistent absolute returns. The Fund
invests in senior secured debt second lien loans mezzanine loans,
senior secured stretch and unitranche facilities as well as, to a
lesser extent, equity co-investments. The board of directors of the
Fund (the ``Board'') is comprised of 4 directors, 3 of whom are not
``interested persons,'' within the meaning of Section 2(a)(19) of the
1940 Act (the ``Independent Directors''), of the Fund.
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    \2\ Section 2(a)(48) defines a BDC to be any closed-end
investment company that operates for the purpose of making
investments in securities described in sections 55(a)(1) through
55(a)(3) of the Act and makes available significant managerial
assistance with respect to the issuers of such securities.
    \3\ ``Objectives and Strategies'' means a Regulated Fund's
investment objectives and strategies, as described in the Regulated
Fund's registration statement on Form N-2, other filings the
Regulated Fund has made with the Commission under the Securities Act
of 1933 (the ``Securities Act''), or under the Securities Exchange
Act of 1934 and the Regulated Fund's reports to shareholders.
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    2. The BDC Adviser is a Delaware limited liability company which
will be registered with the Commission as an investment adviser under
the Investment Advisers Act of 1940 (the ``Advisers Act'') prior to
commencement of operations of the Fund. The BDC Adviser serves as
investment adviser to the Fund and is a wholly-owned subsidiary of the
Existing Affiliated Adviser.
    3. Each Existing Affiliated Fund is an entity that would be an
investment company but for section 3(c)(1) or 3(c)(7) of the Act. The
Existing Affiliated Funds pursue strategies focused on investing in a
variety of fixed income and credit investments.

    4. The Existing Affiliated Adviser is a Delaware limited
partnership and is registered as an investment adviser under the
Advisers Act. The Existing Affiliated Adviser serves as investment
adviser to each of the Existing Affiliated Funds.
    5. Applicants seek an order (``Order'') to permit a Regulated Fund
\4\ and one or more Regulated Funds and/or one or more Affiliated Funds
\5\ to co-invest with each other in securities issued by issuers in
private placement transactions in which the Adviser to the Regulated
Fund negotiates terms in addition to price; \6\ and (b) make additional
investments in securities of such issuers, including through the
exercise of warrants, conversion privileges, and other rights to
purchase securities of the issuers (``Follow-On Investments'') through
a proposed co-investment program (the ``Co-Investment Program'') where
such participation would otherwise be prohibited under section 57(a)(4)
and rule 17d-1 and the rules under the 1940 Act. The term ``Co-
Investment Transaction'' means any transaction in which a Regulated
Fund (or its Wholly-Owned Investment Subsidiary, as defined below)
participate together with one or more other Regulated Funds and/or one
or more Affiliated Funds in reliance on the requested Order. Potential
Co-Investment Transaction'' means any investment opportunity in which a
Regulated Fund (or its Wholly-Owned Investment Subsidiary, as defined
below) could not participate together with one or more other Regulated
Funds and/or one or more other Affiliated Funds without obtaining and
relying on the Order.\7\
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    \4\ The term ``Regulated Fund'' means the Fund and any Future
Regulated Fund. ``Future Regulated Fund'' means any closed-end
management investment company (a) that is registered under the Act
or has elected to be regulated as a BDC, (b) whose investment
adviser is an Adviser, and (c) that intends to participate in the
Co-Investment Program.
    The term ``Adviser'' means the BDC Adviser, the Existing
Affiliated Adviser and any future investment adviser that (i)
controls, is controlled by, or is under common control with the
Existing Affiliated Adviser and (ii) is registered as an investment
adviser under the Advisers Act.
    \5\ ``Affiliated Fund'' means the Existing Affiliated Funds and
any entity (a) whose investment adviser is an Adviser, (b) that
would be an investment company but for Section 3(c)(1) or 3(c)(7) of
the 1940 Act, and (c) that intends to participate in the Co-
Investment Program.
    \6\ The term ``private placement transactions'' means
transactions in which the offer and sale of securities by the issuer
are exempt from registration under the Securities Act.
    \7\ All existing entities that currently intend to rely upon the
requested Order have been named as applicants. Any other existing or
future entity that subsequently relies on the Order will comply with
the terms and conditions of the application.
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    6. Applicants state that a Regulated Fund may, from time to time,
form a Wholly-Owned Investment Subsidiary.\8\ Such a subsidiary would
be prohibited from investing in a Co-Investment Transaction with any
other Regulated Fund or Affiliated Fund because it would be a company
controlled by its parent Regulated Fund for purposes of section
57(a)(4) and rule 17d-1. Applicants request that each Wholly-Owned
Investment Subsidiary be permitted to participate in Co-Investment
Transactions in lieu of its parent Regulated Fund and that the Wholly-
Owned Investment Subsidiary's participation in any such transaction be
treated, for purposes of the requested Order, as though the parent
Regulated Fund were participating directly. Applicants represent that
this treatment is justified because a Wholly-Owned Investment Sub would
have no purpose other than serving as a holding vehicle for the
Regulated Fund's investments and, therefore, no conflicts of interest
could arise between the Regulated Fund and the Wholly-Owned Investment
Sub. The Regulated Fund's Board would make all relevant determinations
under the conditions with regard to a Wholly-Owned Investment Sub's
participation in a Co-Investment Transaction, and the Regulated Fund's
Board would be informed of, and take into consideration, any proposed
use of a Wholly-Owned Investment Sub in the Regulated Fund's place. If
the Regulated Fund proposes to participate in the same Co-Investment
Transaction with any of its Wholly-Owned Investment Subs, the Board
will also be informed of, and take into consideration, the relative
participation of the Regulated Fund and the Wholly-Owned Investment
Sub.
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    \8\ The term ``Wholly-Owned Investment Sub'' means an entity (i)
that is wholly-owned by a Regulated Fund (with the Regulated Fund at
all times holding, beneficially and of record, 100% of the voting
and economic interests); (ii) whose sole business purpose is to hold
one or more investments on behalf of the Regulated Fund; (iii) with
respect to which the Regulated Fund's Board has the sole authority
to make all determinations with respect to the entity's
participation under the conditions of the Application; and (iv) that
would be an investment company but for section 3(c)(1) or 3(c)(7) of
the Act.
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    7. When considering Potential Co-Investment Transactions for any
Regulated Fund, the Adviser will consider only the Objectives and
Strategies, investment policies, investment positions, capital
available for investment, and other pertinent factors applicable to
that Regulated Fund. The Adviser expects that any portfolio company
that is an appropriate investment for a Regulated Fund should also be
an appropriate investment for one or more other Regulated Funds and/or
one or more Affiliated Funds, with certain exceptions based on
available capital or diversification.\9\
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    \9\ The Regulated Funds, however, will not be obligated to
invest, or co-invest, when investment opportunities are referred to
them.
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    8. Other than pro rata dispositions and Follow-On Investments as
provided in conditions 7 and 8, and after making the determinations
required in conditions 1 and 2(a), the Adviser will present each
Potential Co-Investment Transaction and the proposed allocation to the
directors of the Board eligible to vote under section 57(o) of the Act
(``Eligible Directors''), and the ``required majority,'' as defined in
section 57(o) of the Act (``Required Majority'') \10\ will approve each
Co-Investment Transaction prior to any investment by the participating
Regulated Fund.
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    \10\ In the case of a Regulated Fund that is a registered
closed-end fund, the Board members that make up the Required
Majority will be determined as if the Regulated Fund were a BDC
subject to Section 57(o).
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    9. With respect to the pro rata dispositions and Follow-On
Investments provided in conditions 7 and 8, a Regulated Fund may
participate in a pro rata disposition or Follow-On Investment without
obtaining prior approval of the Required Majority if, among other
things: (i) The proposed participation of each Regulated Fund and
Affiliated Fund in such disposition is proportionate to its outstanding
investments in the issuer immediately preceding the disposition or
Follow-On Investment, as the case may be; and (ii) the Board of the
Regulated Fund has approved that Regulated Fund's participation in pro
rata dispositions and Follow-On Investments as being in the best
interests of the Regulated Fund. If the Board does not so approve, any
such disposition or Follow-On Investment will be submitted to the
Regulated Fund's Eligible Directors. The Board of any Regulated Fund
may at any time rescind, suspend or qualify its approval of pro rata
dispositions and Follow-On Investments with the result that all
dispositions and/or Follow-On Investments must be submitted to the
Eligible Directors.
    10. No Independent Director of a Regulated Fund will have a direct
or indirect financial interest in any Co-Investment Transaction, other
than indirectly through share ownership in one of the Regulated Funds.
    11. Applicants also represent that if the Advisers or its principal
owners (``Principals'') or any person controlling, controlled by, or
under common control with the Advisers or the Principals, and

the Affiliated Funds (collectively, the ``Holders'') own in the
aggregate more than 25 percent of the outstanding voting securities of
a Regulated Fund (``Shares''), then the Holders will vote such Shares
as required under Condition 14. Applicants believe that this condition
will ensure that the Independent Directors will act independently in
evaluating the Co-Investment Program, because the ability of the
Advisers or the Principals to influence the Independent Directors by a
suggestion, explicit or implied, that the Independent Directors can be
removed will be limited significantly. Applicants represent that the
Non-Interested Directors will evaluate and approve any such independent
party, taking into account its qualifications, reputation for
independence, cost to the shareholders, and other factors that they
deem relevant.

Applicants' Legal Analysis

    1. Section 57(a)(4) of the Act prohibits certain affiliated persons
of a BDC from participating in joint transactions with the BDC or a
company controlled by a BDC in contravention of rules as prescribed by
the Commission. Under section 57(b)(2) of the Act, any person who is
directly or indirectly controlling, controlled by, or under common
control with a BDC is subject to section 57(a)(4). Applicants submit
that each of the Regulated Funds and Affiliated Funds be deemed to be a
person related to each Regulated Fund in a manner described by section
57(b) by virtue of being under common control. Section 57(i) of the Act
provides that, until the Commission prescribes rules under section
57(a)(4), the Commission's rules under section 17(d) of the Act
applicable to registered closed-end investment companies will be deemed
to apply to transactions subject to section 57(a)(4). Because the
Commission has not adopted any rules under section 57(a)(4), rule 17d-1
also applies to joint transactions with Regulated Funds that are BDCs.
Section 17(d) of the Act and rule 17d-1 under the Act are applicable to
Regulated Funds that are registered closed-end investment companies.
    2. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
affiliated persons of a registered investment company from
participating in joint transactions with the company unless the
Commission has granted an order permitting such transactions. In
passing upon applications under rule 17d-1, the Commission considers
whether the company's participation in the joint transaction is
consistent with the provisions, policies, and purposes of the Act and
the extent to which such participation is on a basis different from or
less advantageous than that of other participants.
    3. Applicants state that in the absence of the requested relief,
the Regulated Funds would be, in some circumstances, limited in their
ability to participate in attractive and appropriate investment
opportunities. Applicants believe that the proposed terms and
conditions will ensure that the Co-Investment Transactions are
consistent with the protection of each Regulated Fund's shareholders
and with the purposes intended by the policies and provisions of the
Act. Applicants state that the Regulated Funds' participation in the
Co-Investment Transactions will be consistent with the provisions,
policies, and purposes of the Act and on a basis that is not different
from or less advantageous than that of other participants.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Each time an Adviser considers a Potential Co-Investment
Transaction for an Affiliated Fund or another Regulated Fund that falls
within a Regulated Fund's then-current Objectives and Strategies, the
Regulated Fund's Adviser will make an independent determination of the
appropriateness of the investment for such Regulated Fund in light of
the Regulated Fund's then-current circumstances.
    2. (a) If the Adviser deems a Regulated Fund's participation in any
Potential Co-Investment Transaction to be appropriate for the Regulated
Fund, it will then determine an appropriate level of investment for the
Regulated Fund.
    (b) If the aggregate amount recommended by the applicable Adviser
to be invested by the applicable Regulated Fund in the Potential Co-
Investment Transaction, 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, the investment opportunity will be allocated
among them pro rata based on each participant's capital available for
investment in the asset class being allocated, up to the amount
proposed to be invested by each. The applicable Adviser will provide
the Eligible Directors of each participating Regulated Fund with
information concerning each participating party's available capital to
assist the Eligible Directors with their review of the Regulated Fund's
investments for compliance with these allocation procedures.
    (c) After making the determinations required in conditions 1 and
2(a), the applicable Adviser will distribute written information
concerning the Potential Co-Investment Transaction (including the
amount proposed to be invested by each participating Regulated Fund and
Affiliated Fund) to the Eligible Directors of each participating
Regulated Fund for their consideration. A Regulated Fund will co-invest
with one or more other Regulated Funds and/or one or more Affiliated
Funds only if, prior to the Regulated Fund's participation in the
Potential Co-Investment Transaction, a Required Majority concludes
that:
    (i) The terms of the Potential Co-Investment Transaction, including
the consideration to be paid, are reasonable and fair to the Regulated
Fund and its shareholders and do not involve overreaching in respect of
the Regulated Fund or its shareholders on the part of any person
concerned;
    (ii) the Potential Co-Investment Transaction is consistent with:
    (A) The interests of the shareholders of the Regulated Fund; and
    (B) the Regulated Fund's then-current Objectives and Strategies;
    (iii) the investment by any other Regulated Funds or Affiliated
Funds would not disadvantage the Regulated Fund, and participation by
the Regulated Fund would not be on a basis different from or less
advantageous than that of other Regulated Funds or Affiliated Funds;
provided that, if any other Regulated Fund or Affiliated Fund, but not
the Regulated Fund itself, gains the right to nominate a director for
election to a portfolio company's board of directors or the right to
have a board observer or any similar right to participate in the
governance or management of the portfolio company, such event shall not
be interpreted to prohibit the Required Majority from reaching the
conclusions required by this condition 2(c)(iii), if:
    (A) The Eligible Directors will have the right to ratify the
selection of such director or board observer, if any;
    (B) the applicable Adviser agrees to, and does, provide periodic
reports to the Regulated Fund's Board with respect to the actions of
such director or the information received by such board observer or
obtained through the exercise of any similar right to participate in
the governance or management of the portfolio company; and
    (C) any fees or other compensation that any Affiliated Fund or any
Regulated Fund or any affiliated person

of any Affiliated Fund or any Regulated Fund receives in connection
with the right of an Affiliated Fund or a Regulated Fund to nominate a
director or appoint a board observer or otherwise to participate in the
governance or management of the portfolio company will be shared
proportionately among the participating Affiliated Funds (who each may,
in turn, share its portion with its affiliated persons) and the
participating Regulated Funds in accordance with the amount of each
party's investment; and
    (iv) the proposed investment by the Regulated Fund will not benefit
the Advisers, the Affiliated Funds or the other Regulated Funds or any
affiliated person of any of them (other than the parties to the Co-
Investment Transaction), except (A) to the extent permitted by
condition 13, (B) to the extent permitted by sections 17(e) or 57(k) of
the Act, as applicable, (C) indirectly, as a result of an interest in
the securities issued by one of the parties to the Co-Investment
Transaction, or (D) in the case of fees or other compensation described
in condition 2(c)(iii)(C).
    3. Each Regulated Fund has the right to decline to participate in
any Potential Co-Investment Transaction or to invest less than the
amount proposed.
    4. The applicable Adviser will present to the Board of each
Regulated Fund, on a quarterly basis, a record of all investments in
Potential Co-Investment Transactions made by any of the other Regulated
Funds or Affiliated Funds during the preceding quarter that fell within
the Regulated Fund's then-current Objectives and Strategies that were
not made available to the Regulated Fund, and an explanation of why the
investment opportunities were not offered to the Regulated Fund. All
information presented to the Board pursuant to this condition will be
kept for the life of the Regulated Fund and at least two years
thereafter, and will be subject to examination by the Commission and
its staff.
    5. Except for Follow-On Investments made in accordance with
condition 8,\11\ a Regulated Fund will not invest in reliance on the
Order in any issuer in which another Regulated Fund, Affiliated Fund,
or any affiliated person of another Regulated Fund or Affiliated Fund
is an existing investor.
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    \11\ This exception applies only to Follow-On Investments by a
Regulated Fund in issuers in which that Regulated Fund already holds
investments.
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    6. A Regulated Fund will not participate in any Potential Co-
Investment Transaction unless the terms, conditions, price, class of
securities to be purchased, settlement date, and registration rights
will be the same for each participating Regulated Fund and Affiliated
Fund. The grant to an Affiliated Fund or another Regulated Fund, but
not the Regulated Fund, of the right to nominate a director for
election to a portfolio company's board of directors, the right to have
an observer on the board of directors or similar rights to participate
in the governance or management of the portfolio company will not be
interpreted so as to violate this condition 6, if conditions
2(c)(iii)(A), (B) and (C) are met.
    7. (a) If any Affiliated Fund or any Regulated Fund elects to sell,
exchange or otherwise dispose of an interest in a security that was
acquired in a Co-Investment Transaction, the applicable Advisers will:
    (i) Notify each Regulated Fund that participated in the Co-
Investment Transaction of the proposed disposition at the earliest
practical time; and
    (ii) formulate a recommendation as to participation by each
Regulated Fund in the disposition.
    (b) Each Regulated Fund will have the right to participate in such
disposition on a proportionate basis, at the same price and on the same
terms and conditions as those applicable to the participating
Affiliated Funds and any other Regulated Fund.
    (c) A Regulated Fund may participate in such disposition without
obtaining prior approval of the Required Majority if: (i) The proposed
participation of each Regulated Fund and each Affiliated Fund in such
disposition is proportionate to its outstanding investments in the
issuer immediately preceding the disposition; (ii) the Board of the
Regulated Fund has approved as being in the best interests of the
Regulated Fund the ability to participate in such dispositions on a pro
rata basis (as described in greater detail in the application); and
(iii) the Board of the Regulated Fund is provided on a quarterly basis
with a list of all dispositions made in accordance with this condition.
In all other cases, the Adviser will provide its written recommendation
as to the Regulated Fund's participation to the Eligible Directors, and
the Regulated Fund will participate in such disposition solely to the
extent that a Required Majority determines that it is in the Regulated
Fund's best interests.
    (d) Each Affiliated Fund and each Regulated Fund will bear its own
expenses in connection with any such disposition.
    8. (a) If any Affiliated Fund or any Regulated Fund desires to make
a Follow-On Investment in a portfolio company whose securities were
acquired in a Co-Investment Transaction, the applicable Advisers will:
    (i) Notify each Regulated Fund that participated in the Co-
Investment Transaction of the proposed transaction at the earliest
practical time; and
    (ii) formulate a recommendation as to the proposed participation,
including 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
Directors, 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 Adviser to be invested
by each Regulated Fund in the Follow-On Investment, together with the
amount proposed to be invested by the participating Affiliated Funds in
the same transaction, exceeds the amount of the opportunity; then the
amount invested by each such party will be allocated among them pro
rata based on each participant's capital available for investment in
the asset class being allocated, up to the amount proposed to be
invested by each.
    (d) The acquisition of Follow-On Investments as permitted by this
condition will be considered a Co-Investment Transaction for all
purposes and subject to the other conditions set forth in the
application.
    9. The Non-Interested Directors 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 Directors 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 the conditions of the Order. In addition,
the Non-Interested Directors will consider at least annually the
continued appropriateness for the Regulated Fund of participating in
new and existing Co-Investment 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
BDC 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 Director 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 Co-Investment Transaction
(including, without limitation, the expenses of the distribution of any
such securities registered for sale under the Securities Act) will, to
the extent not payable by the Advisers under their respective
investment advisory agreements with 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 \12\ (including break-up or commitment fees
but excluding broker's fees contemplated by section 17(e) or 57(k) of
the Act, as applicable) received in connection with a Co-Investment
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 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.
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    \12\ Applicants are not requesting and the staff is not
providing any relief for transaction fees received in connection
with any Co-Investment Transaction.
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    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 as
directed by an independent third party 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.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-13263 Filed 6-23-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Page 21876]
[FR Doc No: 2020-08303]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4463-DR; Docket ID FEMA-2020-0001]

South Dakota; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of South Dakota (FEMA-4463-DR), dated September 23, 2019,
and related determinations.

DATES: This change occurred on March 20, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Jon K. Huss, of
FEMA is appointed to act as the Federal Coordinating Officer for this
disaster.
    This action terminates the appointment of James R. Stephenson as
Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-08303 Filed 4-17-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Page 78352]
[FR Doc No: 2013-30832]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ14-4-000]

Orlando Utilities Commission; Notice of Filing

    Take notice that on December 18, 2013, Orlando Utilities Commission
submitted its tariff filing per 35.28(e): Order No. 1000 Further
Regional Compliance Filing to be effective 1/1/2015.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 16, 2014.

    Dated: December 19, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-30832 Filed 12-24-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Notices]
[Pages 38743-38745]
[FR Doc No: 2022-13820]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC22-79-000.
    Applicants: Lea Power Partners, LLC, Waterside Power, LLC, Badger
Creek Limited, Bear Mountain Limited, Chalk Cliff Limited, Double C
Generation Limited Partnership, High Sierra Limited, Kern Front
Limited, Live Oak Limited, McKittrick Limited, WGP Redwood Holdings,
LLC, Cretaceous Bidco Limited.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Lea Power Partners, LLC, et al.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5078.
    Comment Date: 5 p.m. ET 7/13/22.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG22-149-000.
    Applicants: Big Cypress Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Big Cypress Solar, LLC.
    Filed Date: 6/21/22.
    Accession Number: 20220621-5064.
    Comment Date: 5 p.m. ET 7/12/22.

    Docket Numbers: EG22-150-000.
    Applicants: Bakeoven Solar, LLC.
    Description: Bakeoven Solar, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/21/22.
    Accession Number: 20220621-5189.
    Comment Date: 5 p.m. ET 7/12/22.

    Docket Numbers: EG22-151-000.
    Applicants: Daybreak Solar, LLC.
    Description: Daybreak Solar, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/21/22.
    Accession Number: 20220621-5191.
    Comment Date: 5 p.m. ET 7/12/22.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER21-47-000.
    Applicants: Tucson Electric Power Company.
    Description: Refund Report: Refund Report--Spot Market Sales
Exceeding WECC Soft Price Cap to be effective N/A.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5051.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-1734-000; ER22-1735-000; ER22-1736-000; ER22-
1737-000; ER22-1739-000; ER22-1740-000; ER22-1742-000; ER22-1765-000;
ER22-1750-000; ER22-1747-000; ER22-1749-000; ER22-1752-000; ER22-1753-
000; ER22-1754-000; ER22-1755-000; ER22-1756-000; ER22-1757-000; ER22-
1758-000; ER22-1759-000; ER22-1760-000; ER22-1761-000; ER22-1762-000;
ER22-1763-000; ER22-1764-000; ER22-1776-000; ER22-1766-000; ER22-1767-
000; ER22-1768-000; ER22-1769-000; ER22-1771-000; ER22-1772-000; ER22-
1770-000; ER22-1773-000; ER22-1775-000; ER22-1774-000; ER22-1732-000.
    Applicants: Wind Capital Holdings, LLC, Wildcat Wind, LLC, West
Medway II, LLC, Tuana Springs Energy, LLC, Shooting Star Wind Project,
LLC, R.E. Ginna Nuclear Power Plant, LLC, Nine Mile Point Nuclear
Station, LLC, Michigan Wind 2, LLC, Michigan Wind 1, LLC, High Mesa
Energy, LLC, Harvest Windfarm, LLC, Harvest II Windfarm, LLC, Handsome
Lake Energy, LLC, Fourmile Wind Energy, LLC, Fair Wind Power Partners,
LLC, Criterion Power Partners, LLC, CR Clearing, LLC, Cow Branch Wind
Power, LLC, Constellation Wyman, LLC, Constellation West Medway, LLC,
Constellation Power Source Generation, LLC, Constellation NewEnergy,
Inc., Constellation New Boston, LLC, Constellation Mystic Power, LLC,
Constellation Framingham, LLC, Constellation FitzPatrick, LLC,
Constellation Energy Generation, LLC, Constellation Energy Commodities
Group Maine, LLC, Clinton Battery Utility, LLC,CER Generation, LLC,
Cassia Gulch Wind Park, LLC, Calvert Cliffs Nuclear Power Plant, LLC,
Bluestem Wind Energy, LLC, Beebe Renewable Energy, LLC, Beebe 1B
Renewable Energy, LLC, AV Solar Ranch 1, LLC.
    Description: Supplement to April 29, 2022 AV Solar Ranch 1, LLC
submits

tariff filing per 35.13(a)(2)(iii: Notice of Change in Status, Revised
MBR Tariffs, and Request for Waiver to be effective 5/2/2022.
    Filed Date: 6/21/22.
    Accession Number: 20220621-5209.
    Comment Date: 5 p.m. ET 7/12/22.

    Docket Numbers: ER22-2158-000.
    Applicants: Public Service Company of New Mexico.
    Description: Sec.  205(d) Rate Filing: Compliance Filing Regarding
April 21, 2022 Show Cause Order to be effective 6/22/2022.
    Filed Date: 6/21/22.
    Accession Number: 20220621-5187.
    Comment Date: 5 p.m. ET 7/12/22.

    Docket Numbers: ER22-2159-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
American Transmission Company LLC.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
06-21_SA 3849 ATC-City of Negaunee D-TIA to be effective 8/22/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5006.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2160-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
06-22_SA 3848 Ameren IL-Midwest Hydro to be effective 8/22/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5007.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2161-000.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Compliance filing: 881 Compliance Filing to be
effective 6/23/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5009.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2162-000.
    Applicants: Deseret Generation & Transmission Co-operative, Inc.
    Description: Compliance filing: 881 Compliance Filing to be
effective 6/23/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5014.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2163-000.
    Applicants: East Kentucky Power Cooperative, Inc., PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: East Kentucky Power
Cooperative, Inc. submits tariff filing per 35.13(a)(2)(iii: EKPC
submits revised depreciation rates to OATT, Att. H-24A, App. D to be
effective 6/1/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5026.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2164-000.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Sec.  205(d) Rate Filing: 2022-06-22 Concurrence to
Cost Sharing and Recovery Agreement to be effective 8/22/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5049.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2165-000.
    Applicants: Southwestern Public Service Company.
    Description: Tariff Amendment: Tri-County Cancellation to be
effective 6/23/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5058.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2166-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 307 to be
effective 8/22/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5063.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2167-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3978 Tip Top Solar, SPS &
PSCo OK Shared Network Upgrade FCA to be effective 8/22/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5064.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2168-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 2022-06-21-PSCo-HLYCRS-O&M
Agrmt 430-0.3.0 to be effective 6/23/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5066.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2169-000.
    Applicants: Florida Power & Light Company.
    Description: Sec.  205(d) Rate Filing: FPL Revisions to
Transmission Service Agreement No. 274 to be effective 4/1/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5068.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2170-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Tariff Amendment: DEF-Mt. Dora Termination of
Reimbursement Agreement RS No. 267 to be effective 8/22/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5069.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2171-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2022-06-22_SA 3333 ITC-DTE
Electric 2nd Rev GIA (J793) to be effective 6/9/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5097.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2172-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA, SA No. 6510;
Queue No. AE2-040 to be effective 5/23/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5099.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2173-000.
    Applicants: Bakeoven Solar, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization, Request for Related Waivers to be effective 8/11/
2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5122.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2174-000.
    Applicants: Daybreak Solar, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization, Request for Related Waivers to be effective 8/11/
2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5123.
    Comment Date: 5 p.m. ET 7/13/22.

    Docket Numbers: ER22-2175-000.
    Applicants: New England Power Company.
    Description: Sec.  205(d) Rate Filing: 2022-06-22 Filing of Civil
Work and Construction Agreement between NEP and NSTAR to be effective
4/19/2022.
    Filed Date: 6/22/22.
    Accession Number: 20220622-5126.
    Comment Date: 5 p.m. ET 7/13/22.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES22-50-000.
    Applicants: Deerfield Wind Energy 2, LLC.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Deerfield Wind Energy 2, LLC.
    Filed Date: 6/21/22.
    Accession Number: 20220621-5118.
    Comment Date: 5 p.m. ET 7/12/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number. Any person desiring to intervene or protest in any
of the above proceedings must file in accordance with Rules 211 and 214
of the Commission's Regulations (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date.
    Protests may be considered, but intervention is necessary to become
a party to the proceeding. eFiling is encouraged. More detailed
information relating to filing requirements, interventions, protests,
service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information,
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 22, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-13820 Filed 6-28-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Pages 51424-51425]
[FR Doc No: 2017-24121]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2010-N-0258; FDA-2010-N-0623; FDA-2007-N-0383; FDA-
2009-N-0360; FDA-2016-N-4620; FDA-2013-N-1496; FDA-2007-N-0220; FDA-
2017-N-1848; FDA-2017-N-1066; FDA-2015-D-3327; FDA-2011-D-0689]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approvals

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
information collections that have been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: The following is a list of FDA information
collections recently approved by OMB under section 3507 of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507). The OMB control
number and expiration date of OMB approval for each information
collection are shown in table 1. Copies of the supporting statements
for the information collections are available on the internet at
https://www.reginfo.gov/public/do/PRAMain. An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

        Table 1--List of Information Collections Approved by OMB
------------------------------------------------------------------------
                                            OMB control    Date approval
           Title of collection                  No.           expires
------------------------------------------------------------------------
Submission of Petitions: Food Additive,        0910-0016       9/30/2020
 Color Additive (Including Labeling),
 Submission to Information to a Master
 File in Support of Petitions; and
 Electronic Submission Using FDA 3053...
Voluntary Cosmetic Registration Program.       0910-0027       9/30/2020
Radioactive Drug Research Committees....       0910-0053       9/30/2020
FDA Safety Communication Readership            0910-0341       9/30/2020
 Survey.................................
Medical Devices; Reports for Corrections       0910-0359       9/30/2020
 and Removals...........................
Generic FDA Rapid Response Surveys......       0910-0500       9/30/2020
Guidance for Industry: Pharmacogenomic         0910-0557       9/30/2020
 Data Submissions.......................
Cosmetic Labeling Regulations...........       0910-0599       9/30/2020
Annual Reporting for Custom Device             0910-0767       9/30/2020
 Exemption..............................
GFI: E6(R2) Good Clinical Practice;            0910-0843       9/30/2020
 International Council for Harmonisation
DeNovo Classification Process                  0910-0844       9/30/2020
 (Evaluation of Automatic Class II
 Designation)...........................
------------------------------------------------------------------------

    Dated: November 1, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-24121 Filed 11-3-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73613-73615]
[FR Doc No: 2020-25471]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0652; Product Identifier 2019-SW-066-AD; Amendment
39-21322; AD 2020-23-06]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1
helicopters. This AD requires inspecting the main rotor (M/R) hub
assembly (hub) phonic wheel lock washer (lock washer) for correct
installation and depending on the outcome, repairing or replacing the
M/R hub. This AD was prompted by reported occurrences of M/R
revolutions per minute (``NR'') sensor fluctuations. The actions of
this AD are intended to address an unsafe condition on these products.

DATES: This AD is effective December 24, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of December 24,
2020.

ADDRESSES: For service information identified in this final rule
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html. You
may view the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177.
    It is also available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0652.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0652; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the European Union Aviation Safety Agency (EASA) AD, any
service information that is incorporated by reference, any comments
received, and other information. The street address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, AD Program Manager,
Operational Safety Branch, Airworthiness Products Section, General
Aviation & Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Airbus Helicopters
Model AS332C, AS332C1, AS332L, and AS332L1 helicopters with an M/R hub
part number (P/N) 332A31-0001-00, 332A31-0001-01, 332A31-0001-02,
332A31-0001-03, 332A31-0001-04, 332A31-0001-05, or 332A31-0001-06
installed. The NPRM published in the Federal Register on July 16, 2020
(85 FR 43160). The NPRM proposed to require removing at least one M/R
``NR'' sensor and borescope inspecting the phonic wheel lock washer for
correct height of the lock washer. The NPRM also proposed to prohibit
the installation of an affected M/R hub unless it has successfully
passed the required inspection for correct lock washer installation.
The proposed requirements were intended to prohibit the incorrect
assembly of the M/R hub, which, if not corrected, could result in
failure of the M/R hub components and subsequent loss of control of the
helicopter.
    The NPRM was prompted by EASA AD No. 2019-0172, dated July 18,
2019, issued by EASA, which is the Technical Agent for the Member
States of the European Union. This EASA AD was issued to correct an
unsafe condition for Airbus Helicopters Model AS 332 C, AS 332 C1, AS
332 L, and AS 332 L1 helicopters with an M/R hub P/N 332A31-0001-00,
332A31-0001-01, 332A31-0001-02, 332A31-0001-03, 332A31-0001-04, 332A31-
0001-05, or 332A31-0001-06 installed. EASA advises of reported
occurrences of ``NR'' sensor fluctuation and subsequent investigation
identifying incorrect positioning of the M/R hub phonic wheel due to
incorrect installation of the M/R mast nut press screws during
maintenance of the M/R hubs. EASA advises that this condition, if not
detected and corrected, could lead to failure of M/R hub components,
possibly resulting in loss of helicopter control. Accordingly, the EASA
AD requires a one-time inspection of the lock washer position and
depending on findings, replacing the M/R hub.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule, but the FAA did not receive any comments on
the NPRM or on the determination of the cost to the public.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA of the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all of the information provided by EASA and determining the
unsafe condition exists and is likely to exist or develop on other
helicopters of the same type designs and that air safety and the public
interest require adopting these AD requirements as proposed.

Differences Between This AD and the EASA AD

    The EASA AD requires using a flashlight and visually inspecting the
position of the lock washer, and further specifies that using an
endoscope can facilitate that inspection. This AD requires borescope
inspecting for the correct height of the lock washer instead. After
inspecting, the EASA AD requires reinstalling the removed ``NR''
sensor(s), while this AD requires installing airworthy ``NR'' sensor(s)
instead. If the lock washer is in an incorrect position, the EASA AD
requires replacing the M/R hub, whereas this AD requires repairing or
replacing the M/R hub with an airworthy M/R hub instead.

Related Service Information Under 1 CFR Part 51

    Airbus Helicopters has issued Alert Service Bulletin No. AS332-
62.00.76, Revision 0, dated May 27, 2019, which specifies inspecting
the position of the M/R hub lock washer for civilian Model AS332C, C1,
L, and L1 and military Model AS332B, B1, F1, M, and M1 helicopters.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 11 helicopters of U.S.
Registry.

Labor rates are estimated at $85 per work-hour. Based on these numbers,
the FAA estimates that operators may incur the following costs in order
to comply with this AD.
    Removing an ``NR'' sensor and borescope inspecting takes about 0.5
work-hour for an estimated cost of $43 per helicopter and $473 for the
U.S. fleet.
    Repairing the M/R hub takes about 10 work-hours and parts cost up
to about $3,000 for an estimated cost of up to $3,850 and replacing the
M/R hub takes about 8 work-hours and parts cost about $50,000 for an
estimated cost of $50,680.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on helicopters identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2020-23-06 Airbus Helicopters: Amendment 39-21322; Docket No. FAA-
2020-0652; Product Identifier 2019-SW-066-AD.

(a) Applicability

    This airworthiness directive (AD) applies to Airbus Helicopters
Model AS332C, AS332C1, AS332L, and AS332L1 helicopters, certificated
in any category, with a main rotor (M/R) hub assembly (hub) part
number (P/N) 332A31-0001-00, 332A31-0001-01, 332A31-0001-02, 332A31-
0001-03, 332A31-0001-04, 332A31-0001-05, or 332A31-0001-06
installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as incorrect assembly of
the M/R hub. This condition could result in failure of the M/R hub
components and subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective December 24, 2020.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 55 hours time-in-service, remove at least one M/R
revolutions per minute (``NR'') sensor and borescope inspect the
phonic wheel lock washer (lock washer) for correct height of the
lock washer (if the installation is correct, you can see the edge of
the splines) through the hole of the removed ``NR'' sensor(s) as
shown in Figure 1 to Airbus Helicopters Alert Service Bulletin No.
AS332-62.00.76, Revision 0, dated May 27, 2019.
    (i) If the height of the lock washer is correct, before further
flight, install the ``NR'' sensor(s).
    (ii) If the height of the lock washer is not correct, before
further flight, install the ``NR'' sensor(s) and repair or replace
the M/R hub in accordance with FAA-approved procedures.
    (2) As of the effective date of this AD, do not install M/R hub
P/N 332A31-0001-00, 332A31-0001-01, 332A31-0001-02, 332A31-0001-03,
332A31-0001-04, 332A31-0001-05, or 332A31-0001-06 on any helicopter
unless the actions of paragraph (e)(1) of this AD have been
accomplished.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve
AMOCs for this AD. Send your proposal to: Matt Fuller, AD Program
Manager, Operational Safety Branch, Airworthiness Products Section,
General Aviation & Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or lacking a principal
inspector, the manager of the local flight standards district office
or certificate holding district office, before operating any
aircraft complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Union Aviation
Safety Agency (EASA) No. 2019-0172, dated July 18, 2019. You may
view the EASA AD on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0652.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6230, Main Rotor
Mast/Swashplate.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin No. AS332-
62.00.76, Revision 0, dated May 27, 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 30, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-25471 Filed 11-18-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 12074-12075]
[FR Doc No: 2021-04072]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2021-0168]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Agricultural
Aircraft Operations

AGENCY: Federal Aviation Administration (FAA), DOT

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves the submission of FAA Form 8710-3
for the certification process of agricultural aircraft operators, and
other reporting and recordkeeping activities required of agricultural
aircraft operators. The information to be collected is necessary to
evaluate the applicants' qualifications for certification. This
collection also involves the submission of information in petitions for
exemption by agricultural aircraft operators, plans for operations over
congested areas, and recordkeeping requirements for agricultural
aircraft operators.

DATES: Written comments should be submitted by April 30, 2021.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By mail: Dwayne C. Morris, 800 Independence Ave. SW, Washington, DC
20591.
    By email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Raymond Plessinger by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0049.
    Title: Agricultural Aircraft Operations.
    Form Numbers: FAA Form 8710-3.
    Type of Review: Renewal.
    Background: This collection involves the application for issuance
or amendment of a 14 CFR part 137 Agricultural Aircraft Operator
Certificate. Application for an original certificate or amendment of a
certificate issued under 14 CFR part 137 is made on a form, and in a
manner prescribed by the Administrator. The FAA form 8710-3 may be
obtained from an FAA Flight Standards District Office, or online at
https://www.faa.gov/forms/index.cfm/go/document.information/documentID/1020386. The completed application is sent to the district office that
has jurisdiction over the area in which the applicant's home base of
operation is located.
    The information collected includes: Type of application, operator's
name/DBA, telephone number, mailing address, physical address of the
principal base of operations, chief pilot/designee name, airman
certificate grade and number, and aircraft make/model and registration
numbers to be used.
    This information collection also includes safety mitigation plans
and public interest statements in petitions for exemption; plans for
operations over congested areas; and recordkeeping requirements.
    Respondents: There are 1,763 active agricultural aircraft
operators. Approximately 50 operators are certificated annually, and
approximately 50 certificates are surrendered or revoked.
    Frequency: New applications when needed; current 14 CFR part 137
certificate do not expire, but may need to be amended on occasion.
    Estimated Average Burden per Response: The FAA anticipates 100
applications for new certificates, at 0.5 hours each; 100 applications
for amendment, at 0.5 hours each; 100 petitions for exemption, at 0.5
hours each; and 350 submissions of plans for operations over congested
areas, at 0.5 hours each. The total reporting burden is thus 650
responses and 325 hours.
    All operators certificated under part 137 are required to maintain
certain records for a minimum of 12 months. The FAA estimates this
recordkeeping burden at 4.5 hours per operator. Assuming a universe of
1,763 operators, the annual recordkeeping burden is 7,934 hours.
    Estimated Total Annual Burden: 325 reporting hours + 7,934
recordkeeping hours = 8,259 total hours.

    Issued in Washington, DC, on February 23, 2021.
Dwayne C. Morris,
Project Manager, Flight Standards Service, General Aviation and
Commercial Division.
[FR Doc. 2021-04072 Filed 2-26-21; 8:45 am]
BILLING CODE 4910-13-P


                           ICR SUPPORTING STATEMENT
                        ENVIRONMENTAL PROTECTION AGENCY

 Identification of Information Collection

 	1(a) Title of Information Collection

 Contractor Cumulative Claim and Reconciliation (Renewal), EPA ICR No. 0246.14, OMB Control No. 2030-0016.

 	1(b) Short Characterization

 	The Federal Acquisition Regulation (FAR) 4.804-5 states that the office administering a contract is responsible for initiating administrative closeout following physical completion of the contract. The fund's status review is a mandatory part of contract closeout and includes settlement of interim or disallowed costs and settlement of indirect cost rates.

 	After a contract completion under a cost reimbursement type contract, the contractor submits EPA Form 1900-10 which summarizes all cost incurred in performance of the contract and sets forth the final indirect rates. This form is reviewed by the contracting office to determine the final costs reimbursable to the contractor. A copy of the form is attached to this request.

 2. 	Need and Use of the Collection

 	2(a) Need/Authority for the Collection

 	FAR 52.216-7 states that the Government will pay only the costs determined to be                                                                allowable by the contracting officer in accordance with FAR Subpart 31.2. Furthermore, FAR 52.216-7 states that indirect cost rates shall be established for each fiscal year at the close of a contractor's fiscal year. EPA Form 1900-10 summarizes this information for the entire contract period and provides a basis for cost review by contracting, finance, and audit personnel. As stated above, FAR 4.804-5 requires that the office administering the contract shall ensure that the costs and indirect cost rates are settled.

 	2(b) Practical Utility/Users of the Data

 	Information collected on the 1900-10 will be used by the contracting, financial, and audit personnel to determine the final amount of costs reimbursable to the contractor. EPA personnel and auditors from the Defense Contract Audit Agency (DCAA), if requested, will review the information in order to determine the final contract costs prior to final payment under the contract.

 Non-Duplication, Consultations, and Other Collection Criteria

       3(a)	Non-Duplication

       Cumulative contract cost information, as requested, is not available from any other source.

       3(b)	Public Notice Required Prior to ICR Submission to OMB

  A notice to renew this information collection was posted to the Federal Register on April 12, 2021 (86 FR 18975).  The sixty-day public comment period closed on June 11, 2021, and no relevant comments were received.

      3(c) Consultations

      To determine contractor burden associated with the information collection identified in this request, the following vendors were contacted but did not respond; therefore, the estimated burden figures from the existing ICR are considered to still be applicable. Estimated time to process the information collection is described in Section 6, Estimating the Burden and Cost of the Collection.

_Representative__		               Firm___________	          ____Phone___
Joe Baer	  		Tech Law<PHONE_NUMBER>
Lisa Friday		            Weston Solutions<PHONE_NUMBER>
Eric Simpson	  		Sovereign Consulting<PHONE_NUMBER>

	3(d)	Effects of Less Frequent Collection

 	The information is collected only once at contract closeout. This information is required by the Federal Acquisition Regulation to be collected at that time.

	3(e)	General Guidelines

      This ICR does not exceed any of the OMB guidelines and regulations under 5 CFR 1320.5(d)(2).

	3(f)	Confidentiality/Sensitive Questions

       Information collected under this request, particularly cost and pricing data, is treated as CBI. This information is protected from public release in accordance with the Agency's confidentially regulation, 40 C.F.R. Part 2.201 et seq. No questions concerning sexual behavior or attitudes, religious beliefs, or other matters usually considered private are included in this information collection.

 4.	The Respondents and the Information Requested

      (a) Respondents/North American Industry Classification System Codes

       All contractors who have completed an EPA cost reimbursement type contract will be required to submit EPA Form 1900-10. These contractors represent a wide range of industries corresponding with the North American Industry Classification System (NAICS) code which include, but are not limited to: 541511, Custom Computer Programming Services; 621511, Medical Laboratories; and 541380, Testing Laboratories.

 	4(b) 	Information Requested

       A copy of the EPA Form 1900-10 is attached as Attachment A.

       (i) 	Data Items

 	Data requested in EPA Form 1900-10 has not changed since the last OMB review. This information includes major cost elements such as direct labor, direct material and supplies, equipment, travel, subcontract costs, consultant fees, indirect costs and fixed fees. Indirect costs are broken down showing base year and rate for each cost center for each year of contract performance.

       .

 		(ii) 	Respondent Activities

 	In order to complete the EPA Form 1900-10, respondents must total all costs incurred under the contract, including costs for direct labor, all equipment, materials and supplies, travel, subcontracts, consulting fees, indirect costs, and fees. During contract performance, this information is included on the contractor's monthly invoice for reimbursement. To calculate total contract costs, the contractor adds the cost from each invoice submitted under the contract. If costs were claimed on an invoice that was disallowed, the contractor would subtract the disallowed amount from the total.

 	Negotiated indirect cost rates are applied to the base costs in order to determine the indirect costs for each cost center. This information is also contained in the contractor's invoices, and in correspondence concerning allowable costs and negotiated agreements on indirect rates. None of the information collected under this ICR needs to be created or researched; instead the data is compiled from various existing sources and summarized for this information collection. After the data is compiled, it must be reviewed for accuracy against existing records. It is customary business practice for a contractor to maintain the type of financial performance information required to complete EPA Form 1900-10.

 5.	 The Information Collected  -  Agency Activities, Collection Methodology, and Information Management

 	5(a) 	Agency Activities

 	Once EPA Form 1900-10 is reviewed by the Agency, the data is reconciled with Agency records, and audited. If the information collected is correct, final contract payment is made.

 	5(b) 	Collection Methodology and Management

 	Information submitted is checked against Agency records such as invoices, correspondence, and negotiated agreements. Respondents have the option of reporting in their own computerized format provided all the required data is present. Completed forms, after review, become part of the contract files and will not be disclosed outside the Government.

 	5(c)	 Small Entity Flexibility

 	Data requested is required by the Federal Acquisition Regulation. It is not possible to develop separate or simplified requirements for small businesses or other small entities because the information required is necessary to complete the closing out of a contract, an alternate collection of information for small businesses is not appropriate.

       5(d)	Collection Schedule

 	Data is collected once at contract completion. Generally, this is after a five-year period of performance.

 6. 	Estimating the Burden and Cost of the Collection

 	6(a) 	Estimating Respondent Burden Hours

 Respondent burden hours are estimated at 6.3 hrs/respondent.

 		6(b)	Estimating the Respondent Burden Costs

 Respondent burden costs are estimated at $946.08/respondent.

 		(i)   Estimating Labor Costs

 The annual labor cost to all respondents is estimated at $4,730.40 based on the following calculations. Contractors may claim the cost of completing this form under the appropriate contract.

     ACTIVITY                    TIME TO COMPLETE	         AVG RATE/HR    	     COST
 1. Gather information		       105.0 minutes		    $165.18	           $289.06
 2. Compile data	  	       135.0 minutes		    $165.18	           $371.65
 3. Review data	  		         82.5 minutes		    $165.18	           $227.12
 4. Complete form	  60.0 minutes	$58.25  	                $  58.25
             Total	382.5 minutes		                  $946.08

 Step 1 through 3 of the collection activity is normally performed by an Administrative Services Manager, and administrative support personnel are responsible for completing step 4. The cost associated with this effort was estimated using hourly rates based upon the May 2019 National Occupational Employment and Wage Estimates published by the U.S. Department of Labor's Bureau of Labor Statistics. The occupational categories used are Administrative Services Manager and Office and Administrative Support.

 	Since the labor rates used in this estimate are from 2019, an escalation factor of 3% was applied for each year to determine an average wage for the respective year. The cost for each labor category was determined by multiplying the escalated hourly labor rate by an estimated loading factor of 2.95 to reflect industries' overhead, fringe benefits, and general and administrative costs for each year (2021-2023) that the ICR will be in effect. The 2.95 estimate was provided by an EPA cost analyst as representative of labor related burdens experienced by EPA contractors.  The loaded labor costs for 2021 thru 2023 were added together then divided by three (number of years for the ICR) to arrive at an annualized labor cost for each labor category.

 The following are the loaded labor rates used in the calculations in the table above:

 Administrative Services Manager:
2019 = $51.23
2020 = ($51.23 x 1.03) = $52.76
2021 = ($52.76 x 1.03) = $54.35 x 2.95 = $160.33
2022 = ($54.35 x 1.03) = $55.98 x 2.95 = $165.14
2023 = ($55.98 x 1.03) = $57.66 x 2.95 = $170.09
                                     $495.56/3 = $165.18

 Office and Administrative Support:
2019 = $18.07
2020 = ($18.07 x 1.03) = $18.61
2021 = ($18.61 x 1.03) = $19.17 x 2.95 = $ 56.55
2022 = ($19.17 x 1.03) = $19.74 x 2.95 = $ 58.23
2023 = ($19.74 x 1.03) = $20.33 x 2.95 = $ 59.97
                                     $174.75/3 = $58.25

 	EPA processed approximately five contract closeouts per year using EPA Form 1900-10. As indicated above, each form takes 382.5 minutes, or about 6.3 hours to process. The five yearly actions, multiplied by the cost to process one action, $946.08, are used to determine the above annual cost burden to the respondents. The five yearly actions, multiplied by 6.3 hours equates to an annual hourly burden of 31.5 hours. The total annual respondent burden is $946.08 x 5 contracts/year = $4,730.40. Respondents have pointed out that the complexity of the contracts to be closed out increases the amount of time needed to gather the required information. Most firms keep all their financial data required to complete this form in a computer database.

	(ii)   Capital/ Start-up Costs

      Respondents will not be required to acquire capital goods to provide the requested information; therefore, capital start-up costs have not been included in this estimate.

      (iii)  Operating and Maintenance Costs

      Operating and maintenance costs, which include such items as file storage, photocopying, and postage, will be nominal. The previous ICR included annual costs of $60 for postage and envelopes, which is now done electronically. Therefore, there are now no operating and maintenance costs.

 		(iv)   Annualizing Capital Costs

 		6(c)	Estimating Agency Burden and Cost

 	Once the Agency receives the information, it is reviewed by the employee conducting contract close-out. The average annual Agency burden and cost over the next three years is estimated to be 2.5 labor hours (for estimated five respondents/year) at a cost of $238.70 per year, calculated as follows:

   ACTIVITY	TIME REQUIRED	RATE	COST

 1. Review data against	30 minutes	$95.48	$47.74
     Agency records

      The Agency's current effort is estimated to be performed by an employee at the GS-12 level and will take approximately thirty minutes, which is about the same as previous years. The GS-12 hourly salary for 2020 with a locality pay for "Rest of US" is $41.66, and a 3 percent escalation factor has been applied for any cost-of-living increases given to federal workers in 2021 through 2023. These wage rates were then multiplied by a factor of 2.16 to reflect Federal employee benefits. The 2.16 estimate was provided by an EPA cost analyst as representative of labor-related burdens for government employees. The loaded labor costs for 2021 thru 2023 were added together then divided by three (number of years for the ICR) for an annualized loaded rate of $95.48 for the three years the ICR is in effect. The annual Agency burden is $47.74 x 5 contracts/year = $238.70.

2020 =			     $41.66
2021 = ($41.66 x 1.03) = $42.91 x 2.16 = $92.68
2022 = ($42.91 x 1.03) = $44.19 x 2.16 = $95.45
2023 = ($44.19 x 1.03) = $45.52 x 2.16 = $98.33
                 		       $286.46/3 = $95.48

 		6(d)	Estimating the Respondent Universe and Total Burden Costs

 	EPA estimates that it will process approximately five respondent forms/year during the next three years for a total of fifteen respondent forms.

 		6(e)	Bottom Line Burden Hours and Cost Tables

 			(i)   Respondent Tally

 		The average annual respondent burden and cost over the next three years is estimated to be 31.5 labor hours (for estimated five respondents/year) at a cost of $4,730.40 per year.

 			(ii)   The Agency Tally

 	The average annual Agency burden and cost over the next three years is estimated to be 2.5 labor hours (for estimated five respondents/year) at a cost of $238.70 per year.

 		6(f)	Reasons for Change in Burden

      There is no change of hours in the total estimated respondent burden compared with the ICR currently approved by OMB. The previous ICR included annual costs of $60 for postage and envelopes, which is now done electronically. Therefore, there are now no operating and maintenance costs. The loaded labor costs were adjusted upwards to account for inflation.

 		6(g)	Burden Statement

	The annual public reporting and recordkeeping burden for this collection of information is estimated to average 382.5 minutes per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

 	To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OARM-2018-0124, which is available for online viewing at www.regulations.gov, or in person viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the OEI Docket is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select "search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA-HQ-OARM-2018-0124 and OMB Control Number 2030-0016 in any correspondence.


[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13640-13641]
[FR Doc No: 2018-06397]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0241]

Drawbridge Operation Regulation; Reynolds Channel, Long Beach,
New York

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the MTA Long Island Railroad Bridge
across the Reynolds Channel, mile 4.4, at Long Beach, New York. This
temporary deviation is necessary to replace bridge timbers. This
deviation allows the bridge to remain in the closed position.

DATES: This deviation is effective from 12:01 a.m. on April 7, 2018 to
12:01 a.m. on April 30, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0241 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Stephanie E. Lopez, Project Officer,
First Coast Guard District, telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION: The owner of the bridge, the MTA Long Island
Railroad, requested a temporary deviation to facilitate the replacement
of bridge timbers. The Long Island Railroad Bridge across the Reynolds
Channel, mile 4.4, has a vertical clearance in the closed position of
14 feet at mean high water. The existing bridge operating regulations
are found at 33 CFR 117.5.
    This temporary deviation allows the Long Island Railroad Bridge to
remain in the closed position as follows:
    12:01 a.m. on April 7 to 4 a.m. on April 9;
    12:01 a.m. on April 14 to 4 a.m. on April 16;
    12:01 a.m. on April 21 to 12:01 a.m. on April 23; and
    12:01 a.m. on April 28 to 12:01 a.m. on April 30.
    The waterway is transited by commercial and recreational traffic.
Coordination with the waterway users has indicated no objection to the
proposed closure of the drawbridge.

Vessels that are able to pass under the bridge in the closed position
and may do so at any time. Although the bridge will not be able to open
for emergencies, there is an alternate route for vessels to pass.
    The Coast Guard will also inform waterway users of the closure
through our Local and Broadcast Notices to Mariners of the change in
operating schedule for the bridge so that vessel operators can arrange
their transits to minimize any impact caused by the temporary
deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: March 26, 2018.
Christopher J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2018-06397 Filed 3-29-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Notices]
[Pages 28545-28546]
[FR Doc No: 2019-12967]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG19-123-000.
    Applicants: Burke Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Burke Wind, LLC.
    Filed Date: 6/11/19.
    Accession Number: 20190611-5049.
    Comments Due: 5 p.m. ET 7/2/19.

    Docket Numbers: EG19-124-000.
    Applicants: Skeleton Creek Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Skeleton Creek Wind, LLC.
    Filed Date: 6/11/19.
    Accession Number: 20190611-5081.
    Comments Due: 5 p.m. ET 7/2/19.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3140-03.5.

    Applicants: Inland Empire Energy Center, LLC.
    Description: Triennial Updated Market Power Analysis for the
Southwest Region of Inland Empire Energy Center, LLC.
    Filed Date: 6/10/19.
    Accession Number: 20190610-5130.
    Comments Due: 5 p.m. ET 8/9/19.

    Docket Numbers: ER19-2088-000.
    Applicants: Lamarr Energy, LLC.
    Description: Tariff Cancellation: Market Based Rate Tariff to be
effective 6/10/2019.
    Filed Date: 6/10/19.
    Accession Number: 20190610-5065.
    Comments Due: 5 p.m. ET 7/1/19.

    Docket Numbers: ER19-2089-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Sec.  205(d) Rate Filing: Certificate of Concurrence
to the LGIA (Northwestern) to be effective 6/10/2019.
    Filed Date: 6/10/19.
    Accession Number: 20190610-5097.
    Comments Due: 5 p.m. ET 7/1/19.

    Docket Numbers: ER19-2090-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2899R1 Pawnee Wind Farm GIA
Cancellation to be effective 5/12/2019.
    Filed Date: 6/10/19.
    Accession Number: 20190610-5098.
    Comments Due: 5 p.m. ET 7/1/19.

    Docket Numbers: ER19-2091-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2019-06-10_SA 3314 Entergy
Louisiana-St James Solar GIA (J1142) to be effective 5/24/2019.
    Filed Date: 6/10/19.
    Accession Number: 20190610-5099.
    Comments Due: 5 p.m. ET 7/1/19.

    Docket Numbers: ER19-2092-000.
    Applicants: GridLiance Heartland LLC.
    Description: Baseline eTariff Filing: Initial Rate Filing--OATT to
be effective 8/9/2019.
    Filed Date: 6/10/19.
    Accession Number: 20190610-5101.
    Comments Due: 5 p.m. ET 7/1/19.

    Docket Numbers: ER19-2093-000.
    Applicants: Southwestern Public Service Company.
    Description: Sec.  205(d) Rate Filing: SPS-INV-G-EP-Gen-2016-
123_Sagamore Wind EP Agrmt--0.0.0 to be effective 6/11/2019.
    Filed Date: 6/10/19.
    Accession Number: 20190610-5102.
    Comments Due: 5 p.m. ET 7/1/19.

    Docket Numbers: ER19-2094-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 20190610 ADIT Double
Averaging to be effective 8/9/2019.
    Filed Date: 6/10/19.
    Accession Number: 20190610-5103.
    Comments Due: 5 p.m. ET 7/1/19.

    Docket Numbers: ER19-2095-000.
    Applicants: Rocky Mountain Reserve Group.
    Description: Sec.  205(d) Rate Filing: RMRG Bylaws Revision to be
effective 8/1/2019.
    Filed Date: 6/10/19.
    Accession Number: 20190610-5104.
    Comments Due: 5 p.m. ET 7/1/19.

    Docket Numbers: ER19-2096-000.
    Applicants: Emera Energy Services Subsidiary No. 14 LLC.
    Description: Sec.  205(d) Rate Filing: Notice of Succession to be
effective 6/12/2019.
    Filed Date: 6/11/19.
    Accession Number: 20190611-5041.
    Comments Due: 5 p.m. ET 7/2/19.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES19-33-000.
    Applicants: Northern Indiana Public Service Company.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Northern Indiana Public
Service Company LLC.
    Filed Date: 6/11/19.
    Accession Number: 20190611-5020.
    Comments Due: 5 p.m. ET 7/2/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 11, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-12967 Filed 6-18-19; 8:45 am]
BILLING CODE 6717-01-P