[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Rules and Regulations]
[Pages 74647-74650]
[FR Doc No: 2014-29285]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0703; FRL-9919-52-Region 9]

Revisions to the California State Implementation Plan, Feather
River Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Feather River Air Quality
Management District (FRAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern emissions of
particulate matter (PM), volatile organic compounds (VOCs) and oxides
of nitrogen (NOX) from wood heating devices and open
burning. We are approving local rules that regulate these emission
sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on February 17, 2015 without further
notice, unless EPA receives adverse comments by January 15, 2015. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0703, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules

    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agency and submitted by the California
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
        Local agency                   Rule No.                 Rule title            Amended        Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD.....................  3.17 (except E.8 ``. . . or  Wood Heating Devices..        10/05/09        07/25/14
                              other method approved by
                              the Air Pollution Control
                              Officer.'' and F.2.e).
FRAQMD.....................  2.0........................  Open Burning..........        10/06/08        08/07/14
----------------------------------------------------------------------------------------------------------------

    On September 11, 2014, EPA determined that the submittals for
FRAQMD Rules 3.17 and 2.0 met the completeness criteria in 40 CFR part
51 Appendix V, which must be met before formal EPA review.
    When Rule 3.17 was amended on October 5, 2009, the resolution did
not specifically direct the District to submit it to EPA as a SIP
revision. The District adopted Resolution 2014-02 on February 3, 2014
directing staff to send Rule 3.17 to EPA as a SIP revision with minor
changes discussed in EPA's technical support document (TSD).

B. Are there other versions of these rules?

    There is no previous version of Rule 3.17 in the California SIP.
    In the late-1970s and 1980s, Sutter County and Yuba County adopted
open burning rules which were approved by the EPA for inclusion into
the California SIP for these counties. In March 2004, these rules were
locally merged into Rule 2.0, to apply District-wide and amended again
locally in October 2008. On August 7, 2014, CARB submitted Rule 2.0 to
the EPA for inclusion into the California SIP, specifying this rule
would supersede the Sutter County and Yuba County rules currently in
the California SIP as listed below.

                    Table 2--Rules To Be Superseded 1
------------------------------------------------------------------------
    Rule  No.              Title           Approval date     Citation
------------------------------------------------------------------------
                              Sutter County
------------------------------------------------------------------------
2.1.............  Exceptions to Rule 2.0      04/12/1982     47 FR 15585
2.2.............  APCO May Issue Burn         04/12/1982     47 FR 15585
                   Permit.
2.3.............  Burning on ''No-Burn''      04/12/1982     47 FR 15585
                   Days.
2.4.............  Exception to Rule 2.3.      04/12/1982     47 FR 15585
2.5.............  Permit Regulations....      02/03/1987      52 FR 3226
2.6.............  Burning Hours.........      04/12/1982     47 FR 15585
2.7.............  Agricultural Burning        04/12/1982     47 FR 15585
                   Requirement.
2.8.............  Range Improvement and       04/12/1982     47 FR 15585
                   Property Being
                   Developed for
                   Commercial or
                   Residential Purposes.
2.82............  Open Burning of Waste       01/26/1982      47 FR 3550
                   Wood on Property
                   Where Grown.
2.9.............  Prohibited Burning....      04/12/1982     47 FR 15585
2.10............  Exceptions............      04/12/1982     47 FR 15585
2.11............  Fire Prevention.......      04/12/1982     47 FR 15585
2.12............  Designated Agencies...      04/12/1982     47/FR 15585
2.14............  Reduction of Odorous        09/22/1972     37 FR 19812
                   Matter.
2.15............  Orchard and Citrus          04/12/1982     47 FR 15585
                   Heaters.
2.16............  Cost of Putting Out a       04/12/1982     47 FR 15585
                   Fire.
------------------------------------------------------------------------
                               Yuba County
------------------------------------------------------------------------
2.0.............  Open Fires............      04/17/1987     52 FR 12523
2.1.............  Exceptions to Rule 2.0      04/17/1987     52 FR 12523
2.2.............  APCO May Issue Burn         01/26/1982      47 FR 3550
                   Permit.
2.3.............  Burning on ``No Burn''      04/17/1987     52 FR 12523
                   Days.
2.4.............  Exceptions to Rule 2.3      01/26/1982   47 FR 3550 47
                                              04/12/1982        FR 15585
2.5.............  Permit Regulations....      04/17/1987     52 FR 12523
2.6.............  Burning Hours.........      04/17/1987     52 FR 12523
2.7.............  Agricultural Burning        04/17/1987     52 FR 12523
                   Requirements.
2.8.............  Forest Management           01/26/1982      47 FR 3550
                   Range Improvement and
                   Property Being
                   Developed for
                   Commercial or
                   Residential Purposes.
2.9.............  Prohibited Burning....      04/17/1987     52 FR 12523
2.10............  Exceptions............      01/26/1982      47 FR 3550
2.11............  Fire Prevention.......      04/17/1987     52 FR 12523
2.12............  Designated Agencies...      01/26/1982      47 FR 3550
2.14............  Pressure Tank.........      09/22/1972     37 FR 19812
2.15............  Orchard and Citrus          01/26/1982      47 FR 3550
                   Heaters.
2.16............  Cost of Putting Out a       04/17/1987     52 FR 12523
                   Fire.
------------------------------------------------------------------------
\1\ In some places the rule numbers contain an addition ``0'' (e.g.
  2.01, 2.02, etc.). However, the original rules, as approved into the
  California SIP, were numbered as shown in Table 2.

C. What is the purpose of the submitted rules?

    Open burning emits PM, including particulate matter of ten microns
or less (PM10) and particulate matter of 2.5 microns or less
(PM2.5), directly, as well as volatile organic compounds
(VOCs) and oxides of nitrogen (NOX), which are precursors to
ozone and PM2.5. PM and ozone contribute to effects that are
harmful to human health and the environment, including premature
mortality, aggravation of respiratory and cardiovascular disease,
decreased lung function, visibility impairment, and damage to
vegetation and ecosystems. Section 110(a) of the CAA requires States to
submit regulations that control direct PM, VOC and NOX
emissions.
    Rule 3.17 reduces inhalable PM emissions from residential wood
heating devices, to achieve the same emission limits as other wood
appliances, and to increase public awareness in Yuba and Sutter
Counties. The burning of unseasoned wood is prohibited and any new or
used wood heating device must be an EPA certified wood heating device.
    Rule 2.0 minimizes the impacts of smoke and other air pollutants
generated by open burning and assures that it is managed consistent
with state and federal law. The TSDs have more information about these
rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act) and must not relax existing requirements (see sections 110(l) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate PM10 and PM2.5
nonattainment areas, and Best Available Control Measures (BACM),
including Best Available Control Technology (BACT), in serious
PM10 and PM2.5 nonattainment areas (see CAA
sections 189(a)(1) and 189(b)(1)). In addition, CAA section 172(c)(1)
requires nonattainment areas to implement all reasonably available
control measures (RACM) as expeditiously as practicable.
    FRAQMD is currently designated attainment for PM10.
Therefore, Rule 2.0, Open Burning, and Rule 3.17, Wood Heating Devices,
are not required to implement RACM or BACM with respect to PM-10.
    The Yuba City-Marysville area, which is under FRAQMD jurisdiction,
is designated nonattainment for the 2006 24-hour PM2.5
National Ambient Air Quality Standard (NAAQS). However, on January 10,
2013 (78 FR 2211), EPA issued a determination that the area had
attained the 2006 24-hour PM2.5 standard based on complete,
quality-assured, and certified ambient air monitoring data for the
2009-2011 monitoring period. Under EPA's Clean Data Policy and the
regulations that embody it, 40 CFR 51.1004(c) (for PM2.5),
an EPA rulemaking determination that an area is attaining the relevant
standard suspends the area's obligations to submit RACM for as long as
the area continues to attain. As a result, we are not evaluating Rule
2.0 for compliance with RACM requirements for PM2.5 at this
time. In addition, on May 23, 2013, CARB requested that EPA redesignate
the Yuba City-Marysville PM2.5 nonattainment area to
attainment for the 2006 24-hour PM2.5 NAAQS. If the Yuba
City-Marysville area is redesignated to attainment, RACM requirements
for PM2.5 will no longer apply.
    FRAQMD regulates a portion of the Sacramento Metro ozone
nonattainment area, which is classified as Severe-15 under the 1997 and
2008 NAAQS for ozone (40 CFR 81.305). Therefore, FRAQMD must implement
RACM for open burning and wood heating devices if those measures will
advance attainment of ozone NAAQS, when considered collectively with
other reasonable measures. Additional control measures may be required
pursuant to CAA Sec.  172(c)(1) if both: (1) Additional measures are
reasonably available; and (2) these additional reasonably available
measures will advance attainment in the area when considered
collectively. EPA acts on the State's RACM demonstrations separately
based on an evaluation of the control measures submitted as a whole and
their overall potential to advance the applicable attainment date.
    Guidance and policy documents that we use to evaluate
enforceability include the following:

    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations; Clarification to Appendix D of November 24, 1987
Federal Register Notice,'' (Blue Book), notice of availability
published in the May 25, 1988 Federal Register.
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998
(August 16, 1994).
    5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.

B. Do the rules meet the evaluation criteria?

    We believe these rules area consistent with the relevant policy and
guidance regarding enforceability, and SIP relaxations. The TSDs have
more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describes additional rule revisions that we recommend for
the next time the local agency modifies Rule 2.0, Opening Burning, and
Rule 3.17, Wood Heating Devices.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by January 15, 2015, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on February 17, 2015. This will incorporate
these rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal

requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 17, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: October 16, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(447) and (c)(448)
to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (447) New and amended regulations were submitted on July 25, 2014,
by the Governor's designee.
    (i) Incorporation by Reference.
    (A) Feather River Air Quality Management District.
    (1) Rule 3.17 (except specific provisions of subsections E.8, F.2
and F.4), ``Wood Heating Devices,'' amended on October 5, 2009.
    (448) New and amended regulations were submitted on August 15,
2014, by the Governor's designee.
    (i) Incorporation by Reference.
    (A) Feather River Air Quality Management District.
    (1) Rule 2.0, ``Open Burning,'' amended on October 6, 2008.

[FR Doc. 2014-29285 Filed 12-15-14; 8:45 am]
BILLING CODE 6560-50-P


DRAFT of August 3, 2012
                    Siloxanes ECA Discussion Meeting Agenda
--------------------------------------------------------------------------------
Tuesday, August 7, 2012
--------------------------------------------------------------------------------
2:00-4:00 PM EST
--------------------------------------------------------------------------------
Teleconference:<PHONE_NUMBER>; code:<PHONE_NUMBER>

Charge:
POTWs:
   1. Discuss publicly owned treatment works (POTW) monitoring factors and number of sites that are necessary to provide sufficient environmental monitoring samples of D4 and D5 for a national risk assessment
MPF Sites:
   1. Develop an understanding of the sources of and pathways to environmental concentrations of D4 and D5 in environmental media and biota associated with industrial releases from siloxanes manufacturing, processing, and formulating (MPF) sites
   2. Discuss the number of siloxane MPF sites to be included for environmental monitoring of indirect discharges to receiving water bodies

Agenda:
   1. Introduction, Goals, Charge  -  Ward Penberthy, EPA (15 minutes)
   2. POTWs
         * SEHSC proposal, including justification and rationale for POTW monitoring factors and number of sites  -  Karluss Thomas, SEHSC (15 minutes)
         * Response, discussion, and recommendation (30 minutes
                 i. EPA response
                 ii. Discussion by participants
                 iii. Discuss site selection factors
                 iv. Discuss the number of POTWs sites to use for environmental monitoring samples of D4 and D5
                 v. Recommendation

   3. MPF sites
         * SEHSC Proposal, including justification and rationale for MPF monitoring factors and number of sites  -  Karluss Thomas, SEHSC (15 minutes)
         * Response, discussion, and recommendation (30 minutes)
                 i. EPA response
                 ii. Discussion by participants
                 iii. Discuss the number of MPF sites to use for environmental monitoring samples of D4 and D5 direct and indirect discharges to receiving water bodies
                 iv. Recommendation
   4. Next Steps (15 minutes)
   5. Adjourn
Discussion times are approximate. For further information, please contact Marcus Aguilar at<PHONE_NUMBER> or<EMAIL_ADDRESS>


[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Page 27838]
[FR Doc No: 2019-12547]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0124]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by a document dated December
19, 2018, the National Railroad Passenger Corporation (Amtrak)
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained in 49 CFR part 238, Passenger Equipment Safety
Standards. The requested relief relates to the acquisition and
operation of Tier III-compliant Next Generation High Speed Trainsets on
the Northeast Corridor that FRA previously considered in this docket.
    The new petition adds three new distinct requests for relief
related to Amtrak's fleet of 28 High Speed Trainsets. Specifically, as
detailed in the petition, Amtrak requests relief from 49 CFR 238.115
(emergency lighting), 238.131(a)(1) (side door safety system), and
238.121(c)(2) (emergency communication).
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by July 29, 2019 will be considered by FRA
before final action is taken. Comments received after the comment
period ends will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Deputy Associate Administrator, Office of Railroad Safety.
[FR Doc. 2019-12547 Filed 6-13-19; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Proposed Rules]
[Page 2359]
[FR Doc No: 2020-00287]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2011-0513; FRL-10003-61-Region 6]

Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; New Mexico and Albuquerque-
Bernalillo County, New Mexico; Control of Emissions From Existing Other
Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is notifying the public that we
have received CAA section 111(d)/129 negative declarations from New
Mexico and Albuquerque-Bernalillo County, New Mexico for existing Other
Solid Waste Incineration (OSWI) units. These negative declarations
certify that existing OSWI units subject to the requirements of
sections 111(d) and 129 of the CAA do not exist within the specified
jurisdictions in New Mexico.

DATES: Written comments should be received on or before February 14,
2020.

ADDRESSES: Submit your comments, identified by EPA-R06-OAR-2011-0513,
at https://www.regulations.gov or via email to<EMAIL_ADDRESS>For additional information on how to submit
comments see the detailed instructions in the ADDRESSES section of the
direct final rule located in the rules section of this Federal
Register.

FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, the EPA is accepting the State's 111(d)/129 negative
declarations and amending 40 CFR part 62, subpart GG, as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the EPA's action is set forth in the direct
final rule. If no relevant adverse comments are received in response to
this action, no further activity is contemplated. If the EPA receives
relevant adverse comments, the direct final rule will be withdrawn and
all public comments received will be addressed in a subsequent final
rule based on this proposed rule. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time.
    For additional information, see the direct final rule which is
located in the rules section of this Federal Register.

    Dated: December 23, 2019.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-00287 Filed 1-14-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28900-28904]
[FR Doc No: 2013-11604]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-30511; File No. 812-13665]

FS Investment Corporation, et al.; Notice of Application

May 9, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order under sections 17(d),
57(a)(4) 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 with certain affiliated
investment funds in portfolio companies.

Applicants:  FS Investment Corporation (``FSIC''); FS Energy and Power
Fund (``FSEP''); FS Investment Corporation II (``FSIC II,'' and
collectively with FSIC and FSEP, the ``Funds''); FB Income Advisor, LLC
(``FSIC Investment Adviser''); FS Investment Advisor, LLC (``FSEP
Investment Adviser''); FSIC II Advisor, LLC (``FSIC II Investment
Adviser,'' and collectively with FSEP Investment Adviser and FSIC
Investment Adviser, the ``Investment Advisers''); Broad Street Funding
LLC, Arch Street Funding LLC, Locust Street Funding LLC, Race Street
Funding LLC and Walnut Street Funding LLC (the ``FSIC SPV Subs''); FSEP
Term Funding, LLC, EP Investments LLC, FSEP-BBH, Inc., Energy Funding
LLC and EP Funding LLC (the ``FSEP SPV Subs''); and Del River LLC,
Cooper River LLC, Lehigh River LLC and Cobbs Creek LLC (the ``FSIC II
SPV Subs,'' and collectively with the FSIC SPV Subs and FSEP SPV Subs,
the ``SPV Subs''.

Filing Dates:  The application was filed on June 12, 2009, and amended
on August 17, 2010, February 22, 2012, May 15, 2012, October 15, 2012,
March 27, 2013 and May 9, 2013.

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 June 3, 2013, 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: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F St. NE., Washington, DC 20549-1090. Applicants: c/o
Michael C. Forman, FS Investment Corporation, Cira Centre, 2929 Arch
Street, Suite 675, Philadelphia, PA 19104-1150.

FOR FURTHER INFORMATION CONTACT: Laura L. Solomon, Senior Counsel, at
(202) 551-6915 or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Exemptive Applications 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. FSIC, FSEP and FSIC II are externally managed, non-diversified,
closed-end management investment companies that have elected or intend
to elect, to be regulated as BDCs under the Act.\1\ Each of FSIC, FSEP
and FSIC II's investment objective is to generate current income and
long-term capital appreciation. A majority of the members of the board
of directors (``Board'') of each of the Funds are not ``interested
persons'' as defined in section 2(a)(19) of the Act (``Independent
Directors'').
---------------------------------------------------------------------------

    \1\ 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.
---------------------------------------------------------------------------

    2. FSIC Investment Adviser, FSEP Investment Adviser and FSIC II
Investment Adviser is each registered as an investment adviser under
the Investment Advisers Act of 1940 (the ``Advisers Act'') and serves
as the investment adviser to FSIC, FSEP and FSIC II, respectively.\2\
Each Investment Adviser is an affiliate of Franklin Square Holdings,
L.P. (``Franklin Square Capital Partners''). Franklin Square Capital
Partners owns a majority interest in FSEP Investment Adviser and FSIC
II Investment Adviser and a minority interest in FSIC Investment
Adviser.

Applicants represent that there is and will continue to be substantial
overlap of the members of the investment committees of the Investment
Advisers, which unanimously approve all investment decisions for the
Funds.
---------------------------------------------------------------------------

    \2\ Each of FSIC, FSIC II and FSEP has sub-advisors who are only
affiliated with the Funds as a result of an investment sub-advisory
agreement.
---------------------------------------------------------------------------

    3. Each of the FSIC SPV Subs, the FSEP SPV Subs and the FSIC II SPV
Subs is a wholly-owned subsidiary controlled by FSIC, FSEP or FSIC II,
as applicable and formed specifically for the purpose of procuring
financing or otherwise holding investments. Each SPV Sub is relying on
section 3(c)(1) or 3(c)(7) of the Act.
    4. Applicants request an order (``Order'') to permit a Fund (and
any SPV Sub of such Fund),\3\ on the one hand, and one or more Funds
(and any SPV Sub of such Funds) or one or more unregistered funds for
which an Investment Adviser serves as the main investment adviser
(collectively referred to as ``Co-Investment Affiliates''), on the
other hand, to (a) participate in the same investment opportunities
through a proposed co-investment program where such participation would
otherwise be prohibited under section 57 of the Act, 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. For purposes of the application, a
``Co-Investment Transaction'' means any transaction in which any of the
Funds (or any SPV Sub) participate together with one or more Co-
Investment Affiliates in reliance on the Order, and a ``Potential Co-
Investment Transaction'' means any investment opportunity in which any
of the Funds (or any SPV Sub) could not participate together with one
or more Co-Investment Affiliates without obtaining and relying on the
Order.\4\
---------------------------------------------------------------------------

    \3\ For purposes of the application, a ``Fund'' includes any
future closed-end management investment companies that elect to be
regulated as a BDC and are advised by any of the Investment
Advisers.
    \4\ All existing entities that currently intend to rely on the
Order have been named as applicants. Any other existing or future
entity that relies on the Order in the future will comply with the
terms and conditions of the application.
---------------------------------------------------------------------------

    5. Upon issuance of the requested Order, all Potential Co-
Investment Transactions within a Fund's Objectives and Strategies \5\
that are presented to a Co-Investment Affiliate will be referred to the
Fund's Investment Adviser, and such investment opportunities may result
in a Co-Investment Transaction. When considering Potential Co-
Investment Transactions for any Fund, the Investment Adviser will
analyze and evaluate the investment opportunity based on the Fund's
investment objectives, investment policies, investment positions,
capital available for investment, and other factors relevant to such
Fund. The Investment Advisers will, from time to time, determine that
certain investments they recommend to their respective Funds would also
be appropriate investments for one or more Co-Investment Affiliates in
accordance with the policies and procedures that have been adopted by
the Investment Adviser. This determination may result in a Fund, on the
one hand, and one or more Co-Investment Affiliates, on the other hand,
co-investing in certain investment opportunities (the ``Co-Investment
Program''). 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 applicable Investment Adviser
will present each Potential Co-Investment Transaction and the proposed
allocation to the directors or trustees, as applicable, eligible to
vote under section 57(o) of the Act (``Eligible Directors''). The
``required majority,'' as defined in section 57(o) of the Act
(``Required Majority''), will approve each Co-Investment Transaction
prior to any investment by a Fund.\6\
---------------------------------------------------------------------------

    \5\ ``Objectives and Strategies'' means, with respect to each
Fund, such Fund's investment objectives and strategies, as described
in such Fund's registration statement on Form N-2, other filings
such Fund has made with the Commission under the Securities Act of
1933 (``Securities Act''), or under the Securities Exchange Act of
1934, and such Fund's reports to shareholders. In the case of a SPV
Sub generally the objectives and strategies will be the same as that
of its parent Fund.
    \6\ In the case of an SPV Sub, the Required Majority refers to
the Eligible Directors of the parent Fund.
---------------------------------------------------------------------------

    6. With respect to the pro rata dispositions and follow-on
investments provided in conditions 7 and 8, a 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 Co-Investment Affiliate in such
disposition or follow-on investment 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
Fund has approved that Fund's participation in pro rata dispositions
and follow-on investments as being in the best interests of the Fund.
If the Board does not so approve, any such disposition or follow-on
investment will be submitted to the Fund's Eligible Directors. The
Board of any 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.
    7. Applicants state that no Independent Director of a Fund will
have a financial interest in any Co-Investment Transaction, other than
through ownership of securities in the Funds and none will participate
individually in any Co-Investment Transaction.

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 such 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 the Advisers and the entities that they advise would be deemed to
be a person related to a Fund in a manner described by section 57(b)
and therefore prohibited by section 57(a)(4) and rule 17d-1 from
participating in the Co-Investment Program. Further, because the SPV
Subs are controlled by the Funds, the SPV Subs are subject to section
57(a)(4) and would be prohibited from participating in the Co-
Investment Program without the Order.
    2. 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 BDCs. Because the Commission has
not adopted any rules under section 57(a)(4), rule 17d-1 applies.
    3. 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. Rule 17d-
1, as made applicable to BDCs by section 57(i), prohibits any person
who is related to a BDC in a manner described in section 57(b), acting
as principal, from participating in, or effecting any transaction in
connection with, any joint enterprise or other joint arrangement or
profit-sharing plan in which the BDC (or a company controlled by such
BDC) is a participant, absent an order from the Commission. 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.
    4. Applicants state that they expect that co-investment in
portfolio companies by any of the Funds and the Co-Investment
Affiliates will increase favorable investment opportunities for the
Funds and that the Co-Investment Program will be implemented only if
the Required Majority approves it.
    5. Applicants submit that the Required Majority's approval of each
Co-Investment Transaction before investment, and other protective
conditions set forth in the application, will ensure that the Company
will be treated fairly. Applicants state that each Fund's 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: \7\
---------------------------------------------------------------------------

    \7\ For purposes of the conditions set forth in the application,
the term ``Fund'' includes the SPV Subs. In the case of an SPV Sub,
all actions to be taken by or with respect to a Required Majority of
such SPV Sub shall refer to the Eligible Directors of the parent
Fund on behalf of such SPV Sub, as if the Fund and the SPV Sub
operated as one company.
---------------------------------------------------------------------------

    1. Each time a Co-Investment Affiliate or an Investment Adviser to
any Co-Investment Affiliate considers a Potential Co-Investment
Transaction for a Co-Investment Affiliate that falls within Fund's
then-current Objectives and Strategies, the Fund's Investment Adviser
will make an independent determination of the appropriateness of the
investment for the Fund in light of such Fund's then-current
circumstances.
    2. (a) If the applicable Investment Adviser deems that the
applicable Fund's participation in any such Potential Co-Investment
Transaction is appropriate, it will then determine an appropriate level
of investment for such Fund.
    (b) If the aggregate amount recommended by an Investment Adviser to
be invested by the applicable Fund in the Potential Co-Investment
Transaction together with the amount proposed to be invested by the
other Co-Investment Affiliates, collectively, in the same transaction,
exceeds the amount of the investment opportunity, the amount proposed
to be invested by each such party will be allocated among them pro rata
based on the ratio of the applicable Fund's capital available for
investment in the asset class being allocated, on the one hand, and the
other Co-Investment Affiliates' capital available for investment in the
asset class being allocated, on the other hand, to the aggregated
capital available for investment for the asset class being allocated of
all Co-Investment Affiliates involved in the investment opportunity, up
to the amount proposed to be invested by each. The applicable
Investment Advisers will provide the Eligible Directors of each
participating Fund with information concerning each party's available
capital to assist the Eligible Directors with their review of the
applicable Fund's investments for compliance with these allocation
procedures.
    (c) After making the determinations required in conditions 1 and
2(a), the applicable Investment Adviser will distribute written
information concerning the Potential Co-Investment Transaction,
including the amount proposed to be invested by the applicable Fund and
any Co-Investment Affiliate, to the Eligible Directors of each
participating Fund for their consideration. The applicable Fund will
co-invest with Co-Investment Affiliates only if, prior to such Fund's
and any Co-Investment Affiliates' participation in the Potential Co-
Investment Transaction, a Required Majority of such Fund concludes
that:
    (i) the terms of the Potential Co-Investment Transaction, including
the consideration to be paid, are reasonable and fair to the Fund and
its shareholders and do not involve overreaching of such 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 such Fund; and
    (B) such Fund's then-current Objectives and Strategies;
    (iii) the investment by Co-Investment Affiliates would not
disadvantage such Fund, and participation by such Fund is not on a
basis different from or less advantageous than that of any Co-
Investment Affiliate; provided, that if a Co-Investment Affiliate,
other than such Fund, 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 Investment Advisers agree to, and do, provide, periodic
reports to such 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 Co-Investment Affiliate
or any affiliated person of a Co-Investment Affiliate receives in
connection with the right of the Co-Investment Affiliate 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 Co-Investment Affiliates (the
Co-Investment Affiliates (other than the Fund) may, in turn, share
their portion with their affiliated persons) and the applicable Fund in
accordance with the amount of each party's investment; and
    (iv) the proposed investment by such Fund will not benefit the
Investment Advisers or the Co-Investment Affiliates or any affiliated
person of either 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) and 57(k) of the Act, as
applicable, (C) in the case of fees or other compensation described in
condition 2(c)(iii)(C), or (D) indirectly, as a result of an interest
in the securities issued by one of the parties to the Co-Investment
Transaction.
    3. The applicable 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 Investment Adviser will present to the applicable
Fund's Board, on a quarterly basis, a record of all investments made by
the Co-Investment Affiliates in Potential Co-Investment Transactions
during the preceding quarter that fell within such Fund's then-current
Objectives and Strategies that were not made available to the Fund, and
an explanation of why the investment opportunities were not offered to
the Fund. All information presented to such Fund's Board pursuant to
this condition will be kept for the life of such 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, below, a Fund will not invest in reliance on the Order in
any portfolio company in which any Co-Investment Affiliate or any
affiliated person of a Co-Investment Affiliate is an existing investor.
    6. A 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 such Fund as for the Co-Investment Affiliates. The grant to a Co-
Investment Affiliate, but not such 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 Co-Investment Affiliate elects to sell, exchange or
otherwise dispose of an interest in a security that was acquired in a
Co-Investment Transaction, the applicable Investment Advisers will:
    (i) notify each 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 Fund in
the disposition.
    (b) Each 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 other Co-Investment
Affiliates.
    (c) A Fund may participate in such disposition without obtaining
prior approval of the Required Majority if: (i) The proposed
participation of each Co-Investment Affiliate in such disposition is
proportionate to its outstanding investments in the issuer immediately
preceding the disposition; (ii) the Board of the Fund has approved as
being in the best interests of the 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 each Fund is provided on a
quarterly basis with a list of all dispositions made in accordance with
this condition. In all other cases, the applicable Investment Adviser
will provide its written recommendation as to the Fund's participation
to the Eligible Directors, and the Fund will participate in such
disposition solely to the extent that a Required Majority determines
that it is in the Fund's best interests.
    (d) Each Co-Investment Affiliate will bear its own expenses in
connection with any such disposition.
    8. (a) If any Co-Investment Affiliate desires to make a follow-on
investment in a portfolio company whose securities were acquired in a
Co-Investment Transaction, the Investment Advisers will:
    (i) notify each 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
Fund.
    (b) A Fund may participate in such follow-on investment without
obtaining prior approval of the Required Majority if: (i) The proposed
participation of each Co-Investment Affiliate in such investment is
proportionate to its outstanding investments in the issuer immediately
preceding the follow-on investment; and (ii) the Board of the Fund has
approved as being in the best interests of the 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
applicable Investment Adviser will provide its written recommendation
as to the Fund's participation to the Eligible Directors, and the Fund
will participate in such follow-on investment solely to the extent that
a Required Majority determines that it is in the Fund's best interests.
    (c) If, with respect to any follow-on investment:
    (i) the amount of the opportunity is not based on the Co-Investment
Affiliate's outstanding investments immediately preceding the follow-on
investment; and
    (ii) the aggregate amount recommended by the applicable Investment
Adviser to be invested by such Fund in the follow-on investment,
together with the amount proposed to be invested by the other Co-
Investment Affiliates 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 the ratio of such Fund's capital
available for investment in the asset class being allocated, on the one
hand, and the Co-Investment Affiliates' capital available for
investment in the asset class being allocated, on the other hand, to
the aggregated capital available for investment for the asset class
being allocated of all Co-Investment Affiliates involved in the follow-
on investment opportunity, 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 Independent Directors of each Fund will be provided
quarterly for review all information concerning Potential Co-Investment
Transactions and Co-Investment Transactions, including investments made
by any Co-Investment Affiliate that the applicable Fund considered but
declined to participate in, so that the Independent Directors may
determine whether all investments made during the preceding quarter,
including those investments which such Fund considered but declined to
participate in, comply with the conditions of the Order. In addition,
the Independent Directors will consider at least annually the continued
appropriateness for the applicable Fund of participating in new and
existing Co-Investment Transactions. All information presented to such
Fund's Board pursuant to this condition will be kept for the life of
such Fund and at least two years thereafter, and will be subject to
examination by the Commission and its staff.
    10. Each Fund will maintain the records required by section
57(f)(3) of the Act as if each of the investments permitted under these
conditions were approved by the Required Majority under section 57(f).
    11. No director or trustee of a Fund will be considered an
Independent Director or an Eligible Director if such director or
trustee is also a director, general partner, managing member or
principal, or otherwise an ``affiliated person'' (as defined in the
1940 Act) of any of the Co-Investment Affiliates (other than any other
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) shall, to
the extent not payable by the applicable Investment Adviser under any
agreement with the applicable Fund or other Co-Investment Affiliate, be
shared by such Fund and each Co-Investment Affiliate 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 (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 applicable Fund and the Co-Investment Affiliates on
a pro rata basis based on the amount they invested or committed, as the
case may be, in such Co-Investment Transaction. If any transaction fee
is to be held by the Investment Advisers or other investment adviser of
a Co-Investment Affiliate pending consummation of the transaction, the
fee will be deposited into an account maintained by the Investment
Advisers or other investment adviser of a Co-Investment Affiliate 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 between such Fund and the Co-
Investment Affiliates based on the amount they invest in such Co-
Investment Transaction. None of the Co-Investment Affiliates, their
investment advisers, nor any affiliated person (as defined in the Act)
of the 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 Co-Investment Affiliates,
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
the advisers of the Co-Investment Affiliates, investment advisory fees
paid in accordance with the agreements between such advisers and the
Funds or other Co-Investment Affiliates).

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-11604 Filed 5-15-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 25, 2007 (Volume 72, Number 79)]
[Notices]
[Page 20520-20521]
[DOCID:fr25ap07-53]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-401-000]

Rockies Express Pipeline LLC; Notice of Annual Fuel Gas
Percentage Report

April 19, 2007.
    Take notice that on April 16, 2007, Rockies Express Pipeline LLC
(Rockies Express) tendered for filing its Annual Fuel Gas Percentage
report pursuant to section 26.3 of the general terms and conditions of
its FERC Gas Tariff, First Revised Volume No. 1. Rockies Express also
included 2nd Revised Sheet Nos. 20, 20A and 20B in this filing.
    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 and 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 date
as indicated below. Anyone filing an intervention or protest must serve
a copy of that document on the Applicant. Anyone filing an intervention
or protest on or before the intervention or protest date need not 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 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time April 26, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-7866 Filed 4-24-07; 8:45 am]

BILLING CODE 6717-01-P