[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Notices]
[Page 41716]
[DOCID:fr31jy07-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-532-000]

Dominion Transmission, Inc.; Notice of Tariff Filing

July 24, 2007.
    Take notice that on July 19, 2007, Dominion Transmission, Inc.
(DTI) tendered for filing as part of its FERC Gas Tariff, Third Revised
Volume No. 1, Third Revised Sheet No. 153 and Third Revised Sheet No.
204, to become effective August 20, 2007.
    DTI states that the purpose of the filing is to add missing sheet
references to Rate Schedules FT and FTNN. No substantive changes have
been made to the above-referenced tariff sheets.
    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 in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). 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>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-14749 Filed 7-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Proposed Rules]
[Pages 48787-48790]
[FR Doc No: 2015-20110]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0330]
RIN 1625-AA87

Security Zone; Military Ocean Terminal Concord (MOTCO); Concord,
California

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing revisions to the existing
conditional security zone regulation currently in place in the
navigable waters of Suisun Bay, California, near Concord, California
around each of the three piers at the Military Ocean Terminal Concord
(MOTCO), California (formerly United States Naval Weapons Center
Concord, California). This proposed action is intended to clarify
responsibilities and authorities for enforcement of the security zone.

DATES: Comments and related material must be received by the Coast
Guard on or before September 14, 2015. Requests for public meetings
must be received by the Coast Guard on or before August 21, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2015-0330. To view documents mentioned in this preamble as
being available in the docket, go to 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 rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Lieutenant Marcia Medina, Sector San Francisco,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations

COTP Captain of the Port San Francisco
DHS Department of Homeland Security
FR Federal Register
MOTCO Military Ocean Terminal Concord
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this notice
of proposed rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to 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 notice
of proposed rulemaking. You may also visit the Docket Management
Facility in Room W12-140 on the ground floor of the Department of
Transportation West Building, 1200 New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting due to the nature of the
existing security zone and the limited impact to the public. But you
may submit a request for one, using one of the methods specified under
ADDRESSES. Please submit your request by August 21, 2015, and explain
why you believe a public meeting would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    On August 27, 1996, the Department of the Army, Corps of Engineers
published a final rule in the Federal Register (61 FR 43969)
establishing a restricted area \1\ around the MOTCO piers (33 CFR
334.1110). Although the restricted area prohibits public access to the
piers at all times, it lacks a conditional boundary extension to be
enforced during the presence of munitions laden vessels and/or military
onload/offload activities. Prior to January 24, 2005, the Coast Guard
would address this lack of a conditional boundary by publishing a
temporary security zone of sufficient size in the area for each
operation at MOTCO (see e.g., 68 FR 33382).
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    \1\ A ``restricted area'' is defined in Sec.  334.2 as ``[a]
defined water area for the purpose of prohibiting or limiting public
access to the area. Restricted areas generally provide security for
Government property and/or protection to the public from the risks
of damage or injury arising from the Government's use of that
area.''
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    On January 24, 2005, to address this issue on a more permanent
basis, the Coast Guard published a final rule in the Federal Register
(70 FR 3299) establishing a conditional 500-yard security zone around
MOTCO's piers to be enforced during military onload/offload operations
(33 CFR 165.1199). The security zone provides necessary security for
military operations by providing a standoff distance for blast and
collision, a surveillance and detection perimeter, and a margin of
response time for security personnel.

C. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
establish security zones. This authority is separate from the
Department of the Army, Corps of Engineers authority to provide
appropriate security in defense of their waterfront facilities and for
vessels moored thereto in accordance with the restricted area in 33 CFR
334.1110.
    The purpose of this rulemaking is to advance the Coast Guard's
efforts to thwart potential terrorist activity through security
measures on U.S. ports and waterways.

D. Discussion of the Proposed Rule

    The current regulation at Sec.  165.1199 contains several items
that are the subject of the revisions proposed in this NPRM. The
proposed revisions to Sec.  165.1199 would clarify the regulations in a
concise, understandable format.
    First, the Coast Guard proposes to revise Sec.  165.1199(c) by
clarifying the Coast Guard's enforcement role during active loading
operations, and the ability of the COTP to designate other
representatives as having authority to enforce the security zone. The
Coast Guard proposes to replace the existing term ``patrol personnel,''
in favor of a more appropriate term, ``designated representative,''
which includes federal, state and local officials designated by the
COTP. This revision would clarify that the COTP may designate law
enforcement officials other than Coast Guard personnel to patrol and
enforce the security zone.
    The Coast Guard also proposes to revise the security zone so that
it is enforceable at any time a vessel loaded with munitions is present
at a pier (in addition to during military onload/offload operations).
Without this revision, the existing security zone is enforceable during
military onload or offload operations only.
    Additionally, the Coast Guard proposes to remove the existing
provision regarding ``Local Notice to Mariners'' as a means of
notifying the

public that the security zone will be enforced. The security concern
related to providing advance notification of the presence of an
explosive load at a military base outweighs the benefit of advance
notice of the security zone. Instead, the Coast Guard would notify the
public of security zone enforcement (and suspensions of enforcement)
via Broadcast Notice to Mariners and/or actual notice on-scene during
military onloads or offloads. This revision would better align the
notification method of this security zone with the notification method
for the existing safety zone in the area (see Sec.  165.1198).
    Finally, in addition to the above revisions, the Coast Guard
proposes to make minor technical editorial adjustments to Sec.
165.1199 for ease of reading and comprehension.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    Security zone enforcement would be limited in duration, and limited
to a narrowly tailored geographic area. In addition, although this
proposed rule would restrict access to the waters encompassed by the
security zone, the effect of this proposed rule would not be
significant because the local waterway users will be notified via
Broadcast Notice to Mariners and/or actual notice on-scene during
military onloads or offloads. The entities most likely to be affected
are waterfront facilities, commercial vessels, and pleasure craft
engaged in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    This proposed rule may affect owners and operators of waterfront
facilities, commercial vessels, and pleasure craft engaged in
recreational activities and sightseeing. The security zone would not
have a significant economic impact on a substantial number of small
entities for the following reasons. The security zone would be
activated, and thus subject to patrol and enforcement, for a limited
duration. When the security zone is activated, vessel traffic would be
directed to pass safety around the security zone. The maritime public
would be advised when transiting near the activated zone.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of

power and responsibilities between the Federal Government and Indian
tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves a security zone of limited size and duration. This proposed
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Revise Sec.  165.1199 to read as follows:

Sec.  165.1199  Security Zones; Military Ocean Terminal Concord
(MOTCO), Concord, California.

    (a) Location. The security zone(s) reside(s) within the navigable
waters of Suisun Bay, California, extending from the surface to the sea
floor, within 500 yards of the three Military Ocean Terminal Concord
(MOTCO) piers in Concord, California.
    (b) Definitions. As used in this section, ``designated
representative'' means any Coast Guard commissioned, warrant, or petty
officer or any Federal, state, or local law enforcement officer who has
been designated by the Captain of the Port San Francisco (COTP) to act
on the COTP's behalf. The COTP's representative may be on a Coast Guard
vessel, a Coast Guard Auxiliary vessel, a Federal, state, or local law
enforcement vessel, or a location on shore.
    (c) Regulations. (1) The security zone(s) described in paragraph
(a) of this section will be in force during active military onloading
and/or offloading operations and at any time a vessel loaded with
munitions is present at a pier.
    (2) When one or more piers are involved in onload or offload
operations at the same time, there will be a 500-yard security zone for
each involved pier.
    (3) Under the general regulations in subpart D of this part, entry
into, transiting or anchoring within the security zone(s) described in
paragraph (a) of this section is prohibited during times of enforcement
unless authorized by the COTP or a designated representative.
    (4) Vessel operators desiring to enter or operate within the
security zone(s) during times of enforcement must contact the COTP or a
designated representative on VHF-16 or through the 24-hour Command
Center at telephone<PHONE_NUMBER> to obtain permission to do so.
Vessel operators given permission to enter or operate in the security
zone(s) must comply with all directions given to them by the COTP or a
designated representative.
    (5) Upon being hailed by the COTP or designated representative by
siren, radio, flashing light, or other means, the operator of a vessel
approaching the security zone(s) must proceed as directed to avoid
entering the security zone(s).
    (d) Notice of enforcement or suspension of enforcement of security
zone(s). During periods that one or more security zones are enforced,
the COTP or a designated representative will issue a Broadcast Notice
to Mariners and/or notify mariners via actual notice on-scene. In
addition, COTP maintains a telephone line that is maintained 24 hours a
day, 7 days a week. The public can contact COTP at<PHONE_NUMBER> to
obtain information concerning enforcement of this section. When the
security zones are no longer needed, the COTP or designated
representative will cease enforcement of the security zones. Upon
suspension of enforcement, all persons and vessels are granted general
permissions to enter, move within, and exit the security zones, but
should remain cognizant of the applicable restricted area designated in
33 CFR 334.1110.

    Dated: July 1, 2015.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2015-20110 Filed 8-13-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74959-74962]
[FR Doc No: 2022-26487]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0482; Airspace Docket No. 21-AEA-18]
RIN 2120-AA66

Amendment and Establishment of United States Area Navigation
(RNAV) Routes; Northeast United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends three low altitude United States Area
Navigation (RNAV) routes (T-routes), and establishes one T-route in
support of the VHF Omnidirectional Range (VOR) Minimum Operational
Network (MON) Program. The purpose is to enhance the efficiency of the
National Airspace System (NAS) by transitioning from a ground-based to
a satellite-based navigation system.

DATES: Effective date 0901 UTC, February 23, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the NAS.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2022-0482, in the Federal Register (87 FR 29239; May 13, 2022),
amending five RNAV T-routes, and establishing two T-routes in support
of the VOR MON Program. Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal. No comments were received.
    United States RNAV T-routes are published in paragraph 6011 of FAA
Order JO 7400.11G, dated August 19, 2022, and effective September 15,
2022, which is incorporated by reference in 14 CFR 71.1. The RNAV
routes listed in this document will be subsequently published in FAA
Order JO 7400.11.

Differences From the NPRM

    United States RNAV routes T-212, T-221, T-299, and T-443 are
removed from this docket because the associated VORs are not being
decommissioned until a much later date. Since the VORs remain in
service, there is no need to amend the routes at this time.
    Route T-291 differs from the NPRM as follows. The COLIN, VA point
was misidentified as a waypoint (WP) instead of a Fix. The LEDIE, NY,
WP was included in the route description. Since this point marks a turn
of less than one degree, it is not required for the T-291 description
and is removed. The NPRM proposed replacement of the Milton, PA (MIP),
VHF Omnidirectional Range and Tactical Air Navigational System (VORTAC)
with the HYATT, PA, WP; and replacement of the Delancey, NY (DNY), VHF
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) with the
DANZI, NY, WP. Since the VORTAC and VOR/DME remain in service, the two
WPs are removed and the Milton and Delancey navigation aids are
restored in the route description. Additionally, the FAA proposed to
extend T-291 from Albany, NY to Nantucket, MA, replacing several
navigation aids with WPs. However, this would involve prematurely
replacing the navigation aids that are still in service. Consequently,
the amended T-291 will extend from Harcum, VA, to Albany, NY. The
following points after Albany are removed from the route: Barnes, MA
(BAF), VORTAC; PUTNM, CT, WP; PROVI, RI, WP; AVONN, RI, Fix; BUZRD, MA,
WP; Marthas Vineyard, MA (MVY), VOR/DME; and Nantucket, MA (ACK),VOR/
DME.
    In route T-295, the following points were misidentified as WPs
instead of Fixes: TAPPA, VA; COLIN, VA; LOUIE, MD; GRACO, MD; LAAYK,
PA; SAGES, NY; SASHA, MA; and BRNNS, ME. The HEXSN, PA, WP is removed
from the route and replaced by the Lancaster, PA (LRP), VOR/DME. The
WLKES, PA, WP is removed from the route description and replaced by the
Wilkes-Barre, PA (LVZ), VORTAC. In addition, the points where T-295
overlays V-93 is changed to read ``from the LOUIE, MD, Fix to the
GRACO, MD, Fix.''
    The amendment of route T-356 is added to this rule. A proposed
amendment of several RNAV routes, including T-356, was published in a
notice of proposed rulemaking for Docket No. FAA-2022-0857 in the
Federal Register (87 FR 45721; July 29, 2022). No comments were
received in response to the NPRM. Implementation of those routes,
except for T-356, was delayed to a later date. Therefore, T-356 is
added to this rule and is being amended as proposed in the July 29,
2022 NPRM.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO

7400.11F lists Class A, B, C, D, and E airspace areas, air traffic
service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by amending low altitude RNAV T-
routes, designated T-291, T-295, and T-356, and establishing T-445 in
the northeast United States to support the VOR MON Program.
    T-291: T-291 extends between the LOUIE, MD, Fix, and the Albany, NY
(ALB), VORTAC. This action moves the start point south of the LOUIE Fix
to the Harcum, VA (HCM), VORTAC. The COLIN, VA, Fix, and the SHLBK, VA,
WP, are added between the Harcum VORTAC and the LOUIE Fix. The BAABS,
MD, WP is moved 3 nautical miles (NM) northwest of its current position
to ensure clearance from restricted area R-4001. The new GRACO, MD, Fix
is added between the LOUIE Fix and the BAABS WP per request from air
traffic control. The VINNY, PA, Fix is added between the BAABS WP, and
the Harrisburg, PA (HAR), VORTAC. The LEDIE, NY, WP is added between
the LAAK, PA, Fix, and the Delancey, NY (DNY), VOR/DME As amended, T-
291 extends between the Harcum, VA (HCM), VORTAC and the Albany, NY
(ALB), VORTAC.
    T-291 overlays VOR Federal airway V-33 from the Harcum, VA (HCM),
VORTAC, to the COLIN, VA, Fix. It runs adjacent to airway V-213 from
the COLIN, VA, Fix to the SHLBK, MD, WP. It then overlays airway V-93
to the GRACO, MD, Fix.
    T-295: T-295 extends between the LOUIE, MD, Fix, and the Presque
Isle, ME (PQI), VOR/DME. This action amends the route to begin south of
the LOUIE, MD, Fix at the POORK, VA, WP. The following WPs are added
between POORK, VA, and LOUIE, MD: HOUKY, VA (replaces the Hopewell, VA
(HPW), VORTAC); SHLBK, MD. In addition, the COLIN, VA, Fix and the
TAPPA, VA, Fix are added. The following modifications are made to T-295
between the LOUIE Fix and the Wilkes-Barre, PA (LVZ), VORTAC. The
GRACO, MD, Fix is added between the LOUIE Fix, and the BAABS, MD, WP.
The BAABS WP is moved 3 NM northwest of its current position. The
Chester, MA (CTR), VOR/DME is added to the route between the SASHA, MA,
Fix, and the KEYNN, NH, WP.
    As amended, T-295 extends between POORK, VA, and Presque Isle, ME.
The amended route overlays a portion of airway V-213 from Hopewell, VA
to COLIN, VA. It overlays a portion of V-93 from the LOUIE, MD, Fix to
the GRACO, MD, Fix.
    T-356: T-356 extends from the WOOLY, MD, Fix to the ELUDE, MD, Fix.
The FAA is extending T-356 at both ends. The start point of the route
is moved from the WOOLY Fix to the HOGZZ, MD, WP. The HOGZZ WP is being
renamed TWIRK, MD, WP. From the TWIRK WP, the route proceeds to the
BRILA, MD, WP, then to the WOOLY, MD, Fix where T-356 joins the route
as currently published to the SWANN, MD, Fix. The GATBY, MD, Fix and
the KERNO, MD, Fix are removed from the route description. From the
SWANN Fix, the route goes to the ODESA, MD, Fix. The ELUDE, MD, Fix is
removed from the description. After the ODESA Fix, T-356 is extended
northward to the WIGGZ, PA, WP (which will replace the Slate Run, PA
(SLT), VORTAC). The following points are added after the ODESA Fix:
APEER, MD, WP; REESY, PA, WP; FOLEZ, PA, WP; PIKKE, PA, WP; BOYER, PA,
Fix; Ravine, PA (RAV), VORTAC; Selinsgrove, PA (SEG), VOR/DME; and the
WIGGZ, PA, WP. T-356 overlays airway V-170 from the PIKKE, PA, WP to
the WIGGZ, PA, WP. As amended, T-356 extends from the TWIRK, MD, WP, to
the WIGGZ, PA, WP.
    T-445: T-445 is a new route that extends between the Westminster,
MD (EMI), VORTAC, and the AIRCO, NY, Fix. T-445 overlays a portion of
airway V-265 between the Westminster VORTAC and the Harrisburg, PA
(HAR), VORTAC. It also overlays a portion of airway V-31 from the
Harrisburg VORTAC to the AIRCO, NY, Fix. In this route description, the
LYKOM, PA, WP replaces the Williamsport, PA (FQM), VOR/DME, and the
STUBN, NY, WP replaces the Elmira, NY (ULM), VOR/DME.
    The full descriptions of the above routes are listed in the
amendments to part 71 set forth below.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of amending three low
altitude RNAV T-routes, designated T-291, T-295, and T-356, and
establishing T-445 in support of the VOR MON Program qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points); and paragraph 5-6.5b, which categorically excludes from
further environmental impact review ``Actions regarding establishment
of jet routes and Federal airways (see 14 CFR 71.15, Designation of jet
routes and VOR Federal airways) . . .''. As such, this action is not
expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-291 Harcum, VA (HCM) to Albany, NY (ALB) [Amended]

Harcum, VA (HCM)                VORTAC             (Lat. 37[deg]26'55.18'' N, long. 076[deg]42'40.87'' W)
COLIN, VA                       FIX                (Lat. 38[deg]05'59.23'' N, long. 076[deg]39'50.85'' W)
SHLBK, MD                       WP                 (Lat. 38[deg]20'16.21'' N, long. 076[deg]26'10.51'' W)
LOUIE, MD                       FIX                (Lat. 38[deg]36'44.33'' N, long. 076[deg]18'04.37'' W)
GRACO, MD                       FIX                (Lat. 38[deg]56'29.81'' N, long. 076[deg]11'59.22'' W)
BAABS, MD                       WP                 (Lat. 39[deg]22'01.36'' N, long. 076[deg]27'31.21'' W)
VINNY, PA                       FIX                (Lat. 39[deg]45'16.64'' N, long. 076[deg]36'30.16'' W)
Harrisburg, PA (HAR)            VORTAC             (Lat. 40[deg]18'08.06'' N, long. 077[deg]04'10.41'' W)
Selinsgrove, PA (SEG)           VORTAC             (Lat. 40[deg]47'27.09'' N, long. 076[deg]53'02.55'' W)
Milton, PA (MIP)                VORTAC             (Lat. 41[deg]01'24.21'' N, long. 076[deg]39'55.04'' W)
MEGSS, PA                       FIX                (Lat. 41[deg]11'13.26'' N, long. 076[deg]12'41.02'' W)
LAAYK, PA                       FIX                (Lat. 41[deg]28'32.64'' N, long. 075[deg]28'57.31'' W)
Delancey, NY (DNY)              VOR/DME            (Lat. 42[deg]10'41.81'' N., long. 074[deg]57'24.99'' W)
Albany, NY (ALB)                VORTAC             (Lat. 42[deg]44'50.21'' N, long. 073[deg]48'11.46'' W)

                                                  * * * * * * *
T-295 POORK, VA to Presque Isle, ME (PQI) [Amended]

POORK, VA                       WP                 (Lat. 36[deg]34'11.34'' N, long. 077[deg]35'21.39'' W)
HOUKY, VA                       WP                 (Lat. 37[deg]19'55.98'' N, long. 077[deg]07'57.63'' W)
TAPPA, VA                       FIX                (Lat. 37[deg]58'12.66'' N, long. 076[deg]50'40.62'' W)
COLIN, VA                       FIX                (Lat. 38[deg]05'59.23'' N, long. 076[deg]39'50.85'' W)
SHLBK, MD                       WP                 (Lat. 38[deg]20'16.21'' N, long. 076[deg]26'10.51'' W)
LOUIE, MD                       FIX                (Lat. 38[deg]36'44.33'' N, long. 076[deg]18'04.37'' W)
GRACO, MD                       FIX                (Lat. 38[deg]56'29.81'' N, long. 076[deg]11'59.22'' W)
BAABS, MD                       WP                 (Lat. 39[deg]22'01.36'' N, long. 076[deg]27'31.21'' W)
Lancaster, PA (LRP)             VOR/DME            (Lat. 40[deg]07'11.91'' N, long. 076[deg]17'28.66'' W)
Wilkes Barre, PA(LVZ)           VORTAC             (Lat. 41[deg]16'22.08'' N, long. 075[deg]41'22.08'' W)
LAAYK, PA                       FIX                (Lat. 41[deg]28'32.64'' N, long. 075[deg]28'57.31'' W)
SAGES, NY                       FIX                (Lat. 42[deg]02'46.33'' N, long. 074[deg]19'10.33'' W)
SASHA, MA                       FIX                (Lat. 42[deg]07'58.07'' N, long. 073[deg]08'55.39'' W)
Chester, MA (CTR)               VOR/DME            (Lat. 42[deg]17'28.75'' N, long. 072[deg]56'57.82'' W)
KEYNN, NH                       WP                 (Lat. 42[deg]47'30.99'' N, long. 072[deg]17'30.35'' W)
Concord, NH (CON)               VOR/DME            (Lat. 43[deg]13'11.23'' N, long. 071[deg]34'31.63'' W)
Kennebunk, ME (ENE)             VOR/DME            (Lat. 43[deg]25'32.42'' N, long. 070[deg]36'48.69'' W)
BRNNS, ME                       FIX                (Lat. 43[deg]54'08.64'' N, long. 069[deg]56'42.81'' W)
Bangor, ME (BGR)                VORTAC             (Lat. 44[deg]50'30.46'' N, long. 068[deg]52'26.27'' W)
LAUDS, ME                       WP                 (Lat. 45[deg]25'10.13'' N, long. 068[deg]12'26.96'' W)
HULTN, ME                       WP                 (Lat. 46[deg]02'22.29'' N, long. 067[deg]50'02.06'' W)
Presque Isle, ME (PQI)          VOR/DME            (Lat. 46[deg]46'27.07'' N, long. 068[deg]05'40.37'' W)

                                                  * * * * * * *
T-356 TWIRK, MD to WIGGZ, PA [Amended]

TWIRK, MD                       WP                 (Lat. 39[deg]34'36.70'' N, long. 077[deg]12'44.75'' W)
BRILA, MD                       WP                 (Lat. 39[deg]23'53.04''N, long. 077[deg]08'31.89'' W)
WOOLY, MD                       FIX                (Lat. 39[deg]20'19.18'' N, long. 077[deg]02'11.17'' W)
DROSA, MD                       WP                 (Lat. 39[deg]18'30.32'' N, long. 076[deg]58'06.22'' W)
OBWON, MD                       WP                 (Lat. 39[deg]11'54.69'' N, long. 076[deg]32'04.84'' W)
SWANN, MD                       FIX                (Lat. 39[deg]09'05.28'' N, long. 076[deg]13'43.94'' W)
ODESA, MD                       FIX                (Lat. 39[deg]29'29.00'' N, long. 075[deg]49'44.37'' W)
APEER, MD                       WP                 (Lat. 39[deg]37'32.94'' N, long. 075[deg]50'25.39'' W)
REESY, PA                       WP                 (Lat. 39[deg]45'27.94'' N, long. 075[deg]52'07.09'' W)
FOLEZ, PA                       WP                 (Lat. 39[deg]55'32.76'' N, long. 075[deg]49'16.49'' W)
PIKKE, PA                       WP                 (Lat. 40[deg]05'27.21'' N, long. 075[deg]52'12.11'' W)
BOYER, PA                       FIX                (Lat. 40[deg]16'36.84'' N, long. 076[deg]05'09.38'' W)
Ravine, PA (RAV)                VORTAC             (Lat. 40[deg]33'12.21'' N, long. 076[deg]35'57.77'' W)
Selinsgrove, PA (SEG)           VOR/DME            (Lat. 40[deg]47'27.09'' N, long. 076[deg]53'02.55'' W)
WIGGZ, PA                       WP                 (Lat. 41[deg]30'51.00'' N, long. 077[deg]58'52.00'' W)

                                                  * * * * * * *
T-445 Westminster, MD (EMI) to AIRCO, NY [New]

Westminster, MD (EMI)           VORTAC             (Lat. 39[deg]29'42.03'' N, long. 076[deg]58'42.86'' W)
Harrisburg, PA (HAR)            VORTAC             (Lat. 40[deg]18'08.06'' N, long. 077[deg]04'10.41'' W)
Selinsgrove, PA (SEG)           VOR/DME            (Lat. 40[deg]47'27.09'' N, long. 076[deg]53'02.55'' W)
LYKOM, PA                       WP                 (Lat. 41[deg]20'18.75'' N, long. 076[deg]46'30.30'' W)
STUBN, NY                       WP                 (Lat. 42[deg]05'38.58'' N, long. 077[deg]01'28.68'' W)
BEEPS, NY                       FIX                (Lat. 42[deg]49'13.26'' N, long. 076[deg]59'04.84'' W)
Rochester, NY (ROC)             VOR/DME            (Lat. 43[deg]07'04.65'' N, long. 077[deg]40'22.06'' W)
AIRCO, NY                       FIX                (Lat. 43[deg]12'36.66'' N, long. 078[deg]28'57.00'' W)

* * * * *

    Issued in Washington, DC, on December 1, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-26487 Filed 12-6-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66639-66641]
[FR Doc No: 2012-26980]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0011]

Advisory Committee on Construction Safety and Health (ACCSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Announcement of ACCSH and ACCSH Work Group meetings and renewal
of the ACCSH Charter.

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SUMMARY: ACCSH will meet November 29-30, 2012, in Washington, DC. In
conjunction with the ACCSH meeting, ACCSH Work Groups will meet
November 27-28, 2012. OSHA also announces the renewal of the ACCSH
Charter for two years.

DATES: ACCSH meeting: ACCSH will meet from 8 a.m. to 4:15 p.m.,
Thursday, November 29, 2012, and from 8 a.m. to noon, Friday, November
30, 2012.
    ACCSH Work Group meetings: ACCSH Work Groups will meet Tuesday and
Wednesday, November 27-28, 2012. (For Work Group meeting times, see the
``Work Group'' schedule in the SUPPLEMENTARY INFORMATION section of
this notice.)
    Comments, requests to speak, speaker presentations, and requests
for special accommodation: You must submit (postmark, send, transmit)
comments, requests to address the ACCSH meeting, speaker presentations
(written or electronic), and requests for special accommodations for
the ACCSH and ACCSH Work Group meetings by November 16, 2012.

ADDRESSES: ACCSH and ACCSH Work Group meetings: ACCSH and ACCSH Work
Groups will meet in Room N-3437 A-C, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210.
    Submission of comments, requests to speak, and speaker
presentations: You may submit comments, requests to speak at the ACCSH
meeting, and speaker presentations, which you must identify by the
docket number for this Federal Register notice (Docket No. OSHA-2012-
0011), by one of the following methods:
    Electronically: You may submit materials, including attachments,
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the on-line instructions for submissions;
    Facsimile (Fax): If your submission, including attachments, does
not exceed 10 pages, you may fax it to the OSHA Docket Office at (202)
693-1648; or
    Mail, hand delivery, express mail, messenger, or courier service:
You may submit your materials to the OSHA Docket Office, Docket No.
OSHA-2012-0011, Room N-2625, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER> (TTY (877)
889-5627). The Department of Labor and OSHA's Docket Office accept
deliveries (hand delivery, express mail, messenger or courier service)
during normal business hours, 8:15 a.m.-4:45 p.m., e.t., weekdays.
    Requests for special accommodations: Please submit your request for
special accommodations to attend the ACCSH and ACCSH Work Group
meetings to Ms. Veneta Chatmon, OSHA, Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    Instructions: Your submissions must include the Agency name and
docket number for this Federal Register notice (Docket No. OSHA-2012-
0011). Due to security-related procedures, submissions by regular mail
may experience significant delays. Please contact the OSHA Docket
Office for information about security procedures for making
submissions. For additional information on submitting comments,
requests to speak, and speaker presentations, see the SUPPLEMENTARY
INFORMATION section of this notice.
    OSHA will post comments, requests to speak, and speaker
presentations, including any personal information you provide, without
change, at http://www.regulations.gov. Therefore, OSHA cautions you
about submitting personal information such as Social Security numbers
and birthdates.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    For general information about ACCSH and ACCSH meetings: Mr. Damon
Bonneau, OSHA Directorate of Construction, Room N-3468, U.S. Department
of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone
(202) 693-2020; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

ACCSH Meeting

    ACCSH will meet November 29-30, 2012, in Washington, DC. The
meeting is open to the public.
    ACCSH advises the Secretary of Labor (Secretary) and Assistant
Secretary of Labor for Occupational Safety and Health (Assistant
Secretary) in the formulation of standards affecting the construction
industry, and on policy matters arising in the administration of the
safety and health provisions under the Contract Work Hours and Safety
Standards Act (Construction Safety Act) (40 U.S.C. 3701 et seq.) and
the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.)
(see also 29 CFR 1911.10 and 1912.3).
    The tentative agenda for this meeting includes:
     Assistant Secretary's Agency update and remarks;
     Directorate of Construction update on rulemaking projects;
     Discussion on the Request for Information on Reinforced
Concrete/Post Tensioning and Backing Operations;
     National Institute for Occupational Safety and Health
(NIOSH) update;
     Discussion of on-line training issues;
     Standards Improvement Project (SIP) IV rulemaking update;
     Presentation on OSHA Information System (OIS);
     ACCSH and ACCSH Work Group reports and administration; and
     Public comment period.
    OSHA transcribes ACCSH meetings and prepares detailed minutes of
meetings. OSHA places the transcript and minutes in the public docket
for the meeting. The docket also includes ACCSH Work Group reports,
speaker presentations, comments, and other materials submitted to
ACCSH.

Work Group Meetings

    In conjunction with the ACCSH meeting, the following ACCSH Work
Groups will meet November 27, 2012:

 Health Hazards, Emerging Issues and Prevention through Design:
Noon to 2 p.m.
 Diversity/Multilingual/Women in Construction: 2:15 to 4:15
p.m.

    The following ACCSH Work Groups will meet November 28, 2012:

 Training and Outreach: 8 to 10 a.m.
 Injury and Illness Prevention Programs: 10:15 a.m. to 12:15
p.m.
 Backing Operations: 1:15 to 3:15 p.m.

    ACCSH Work Group meetings are open to the public. For additional
information on ACCSH Work Group meetings or participating in them,
please contact Mr. Bonneau or look on the ACCSH page on OSHA's Web page
at http://www.osha.gov.

Public Participation, Submissions, and Access to Public Record

    ACCSH and ACCSH Work Group meetings: All ACCSH and ACCSH Work Group
meetings are open to the public. Individuals attending meetings at the
U.S. Department of Labor must enter the building at the visitors'
entrance, 3rd and C Streets NW., and pass through building security.
Attendees must have valid government-issued photo identification to
enter the building. For additional information about building security
measures for attending the ACCSH and ACCSH Work Group meetings, please
contact Ms. Chatmon (see ADDRESSES section). Please submit your request
for special accommodations to attend the ACCSH and ACCSH Work Group
meetings to Ms. Chatmon.
    Submission of comments: You may submit comments using one of the
methods in the ADDRESSES section. Your submissions must include the
Agency name and docket number for this Federal Register notice (Docket
No. OSHA-2012-0011). OSHA will provide copies of submissions to ACCSH
members.
    Because of security-related procedures, submissions by regular mail
may experience significant delays. For information about security
procedures for submitting materials by hand delivery, express mail, and
messenger or courier service, contact the OSHA Docket Office (see
ADDRESSES section).
    Requests to speak and speaker presentations: If you wish to address
ACCSH at their meeting you must submit your request to speak, as well
as your written or electronic presentation (e.g., PowerPoint), by
November 16, 2012, using one of the methods listed in

the ADDRESSES section. Your request must state:
     The amount of time requested to speak;
     The interest you represent (e.g., business, organization,
affiliation), if any; and
     A brief outline of the presentation.
    PowerPoint presentations and other electronic materials must be
compatible with PowerPoint 2003 and other Microsoft Office 2003
formats.
    Alternately, at the ACCSH meeting, you may request to address ACCSH
briefly by signing the public-comment request sheet and listing the
topic(s) you will address. You also must provide 20 hard copies of any
materials, written or electronic, you want to present to ACCSH.
    The ACCSH Chair may grant requests to address ACCSH as time and
circumstances permit. The Chair will give preference to individuals who
submitted speaker requests and presentations by November 16, 2012.
    Public docket of the ACCSH meeting: OSHA places comments, requests
to speak, and speaker presentations, including any personal information
you provide, in the public docket of this ACCSH meeting without change,
and those documents may be available online at http://www.regulations.gov. Therefore, OSHA cautions you about submitting
personal information such as Social Security numbers and birthdates.
    OSHA also places the meeting transcript, meeting minutes, documents
presented at the ACCSH meeting, Work Group reports, and other documents
pertaining to the ACCSH and ACCSH Work Group meetings in the public
docket. These documents are available online at http://www.regulations.gov.
    Access to the public record of ACCSH and ACCSH Work Group meetings:
To read or download documents in the public docket of these ACCSH and
ACCSH Work Group meetings, go to Docket No. OSHA-2012-0011 at http://www.regulations.gov. All documents in the public record for these
meetings are listed in the http://www.regulations.gov index; however,
some documents (e.g., copyrighted materials) are not publicly available
through that Web page. All documents in the public record, including
materials not available through http://www.regulations.gov, are
available for inspection and copying in the OSHA Docket Office (see
ADDRESSES section). Please contact the OSHA Docket Office for
assistance in making submissions to, or obtaining materials from, the
public docket.
    Electronic copies of this Federal Register notice are available at
http://www.regulations.gov. This notice, as well as news releases and
other relevant information, also are available on the OSHA Web page at
http://www.osha.gov.

Announcement of ACCSH Charter Renewal

    The Secretary has renewed the ACCSH Charter, which will expire two
years from the day the charter is filed.
    To read or download a copy of the new ACCSH Charter, go to Docket
No. OSHA-2012-0011 at http://www.regulations.gov. The Charter also is
available on the ACCSH page on OSHA's Web page at http://www.osha.gov,
and at the OSHA Docket Office (see ADDRESSES section). In addition, the
Charter may be viewed or downloaded at the FACA database at http://www.fido.gov.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice under the authority granted by Section 7 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 656), Section 107 of the
Contract Work Hours and Safety Standards Act (Construction Safety Act)
40 U.S.C. 3704, 5 U.S.C. App. 2, 29 CFR parts 1911 and 1912, 41 CFR
part 102, and Secretary of Labor's Order No. 1-2012 (77 FR 3912).

    Signed at Washington, DC, on October 31, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-26980 Filed 11-5-12; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
[Notices]
[Pages 26237-26238]
[FR Doc No: 2021-10089]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0187]

Electrical Standards for Construction and General Industry;
Extension of the Office of Management and Budget's (OMB) Approval of
the Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the request for an
extension of the information collection requirements contained in the
Electrical Standards for Construction and for General Industry. The
Standards address safety procedures for installation and maintenance of
electric utilization equipment that prevent death and serious injuries
among construction and general industry workers in the workplace caused
by electrical hazards.

DATES: Comments must be submitted (postmarked, sent, or received) by
July 12, 2021.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov. Documents in the docket are
listed in the https://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA
docket number for this Federal Register notice (OSHA-2011-0187). OSHA
will place comments, including any personal information you provide, in
the public docket, which may be available online. Therefore, OSHA
cautions interested parties about submitting personal information such
as Social Security numbers and dates of birth. For further information
on submitting comments, see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
Washington, DC; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires that OSHA obtain such
information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    The information collection requirements specified by the Electrical
Standards for Construction (29 CFR part 1926, subpart K) and for
General Industry (29 CFR part 1910, subpart S) alert workers to the
presence and types of electrical hazards in the workplace, thereby
preventing serious injury and death by electrocution. The information
collection requirements in these Standards involve the following: The
employer using electrical equipment that is marked with the
manufacturer's name, trademark, or other descriptive markings that
identify the producer of the equipment, and marking the equipment with
the voltage, current, wattage, or other ratings necessary; requiring
each disconnecting means for motors and appliances to be marked legibly
to indicate its purpose, unless located and arranged so the purpose is
evident; requiring the entrances to rooms and other guarded locations
containing exposed live parts to be marked with conspicuous warning
signs

forbidding unqualified persons from entering; and, for construction
employers only, establishing and implementing the assured equipment
grounding conductor program instead of using ground-fault circuit
interrupters.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
cost) of the information collection requirements, including the
validity of the methodology, and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is proposing an increase adjustment to the existing burden
hours from 194,976 hours to 200,662 for the Electrical Standards for
Construction and for General Industry, a total increase of 5,686. The
cost of the labels is $10.66, which increased from $4.25, a difference
of $6.41. The cost of caution and warning signs remains $19.19. The
total cost over a five-year period to the employer is $44,753,780 (or
$8,950,756 per year). The agency will summarize any comments submitted
in response to this notice, and will include this summary in the
request to OMB to extend the approval of the information collection
requirements contained in these Standards.
    Type of Review: Extension of a currently approved collection.
    Title: Electrical Standards for Construction (29 CFR part 1926,
subpart K) and for General Industry (29 CFR part 1910, subpart S).
    OMB Number: 1218-0130.
    Affected Public: Business or other for-profits; Not-for-profit
institutions; Federal Government; State, local, or tribal governments.
    Number of Respondents: 923,147.
    Frequency of Response: Occasionally.
    Total Responses: 2,822,871.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 200,662.
    Estimated Cost (Operation and Maintenance): $8,950,756.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at https://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the docket by hand, express mail, messenger, and courier service. All
comments, attachments, and other materials must identify the agency
name and the OSHA docket number for the ICR (Docket No. OSHA-2011-
0187). You may supplement electronic submissions by uploading document
files electronically. If you wish to mail additional materials in
reference to an electronic or facsimile submission, you must submit
them to the OSHA Docket Office (see the section of this notice titled
ADDRESSES). The additional materials must clearly identify your
electronic comments by your name, date, and the docket number so the
agency can attach them to your comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the https://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>)
for information about materials not available through the website, and
for assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on May 6, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-10089 Filed 5-12-21; 8:45 am]
BILLING CODE 4510-26-P


 Original Message From: Stuber. Robyn@ epamail. epa. gov [ mailto: Stuber. Robyn@ epamail. epa. gov] Sent: Tue 12/ 17/ 2002 11: 27 AM To: 316b Cc: Yoshikawa. Nancy@ epamail. epa. gov; Roser. Sara@ epamail. epa. gov; Oda. Terry@ epamail. epa. gov Subject: Re: 316( b) Help needed  From Deborah Nagle It's my understanding that all our states assume 0.

316b < 316b@ tetratech f fx. com> Sent: 12/ 16/ 2002 04: 04 PM To: Bruce Kent/ P2/ R8/ USEPA/ US@ EPA, Caroline Ejimofor/ R4/ USEPA/ US@ EPA, Ericp Nelson/ R1/ USEPA/ US@ EPA, Evelyn MacKnight/ R3/ USEPA/ US@ EPA, Isaac Chen/ R6/ USEPA/ US@ EPA, John Dunn/ WWPD/ R7/ USEPA/ US@ EPA, Karrie Jo Shell/ R4/ USEPA/ US@ EPA, Terry Oda/ R9/ USEPA/ US@ EPA, Larry Merrill/ R3/ USEPA/ US@ EPA, Mark Stein/ R1/ USEPA/ US@ EPA, Moses Chang/ R2/ USEPA/ US@ EPA, Paulette Johnsey/ R6/ USEPA/ US@ EPA, Peter Howe/ R5/ USEPA/ US@ EPA, Phil Colarusso/ R1/ USEPA/ US@ EPA, Philip Sweeney/ R2/ USEPA/ US@ EPA, Robyn Stuber/ R9/ USEPA/ US@ EPA cc: Tom Wall/ DC/ USEPA/ US@ EPA, Deborah Nagle/ DC/ USEPA/ US@ EPA Subject: 316( b) Help needed  From Deborah Nagle I need some help from the field, concerning entrainment survival. We have been reviewing and critiqueing multiple entrainment survival studies for the 316( b) Phase II NODA. It is very important for us to know if States consider entrainment survival when making 316( b) determinations. For each State in your Region, I need you to apply one of the answers below:

ANSWERS 1. Does not consider entrainment survival at all 2. Assumes entrainment survival is 0% ( 100% mortality) 3. Assumes entrainment survival is X% ( fill in the number for X)

I need this information quickly this week if possible. Send partial information instead of waiting until you have information for all your states. Thanks for your help.

 Deborah


[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Notices]
[Pages 20739-20741]
[FR Doc No: 2020-07788]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 33837]

Order Under Sections 6(c), 17(d), 38(a), and 57(i) of the
Investment Company Act of 1940 and Rule 17d-1 Thereunder Granting
Exemptions From Specified Provisions of the Investment Company Act and
Certain Rules Thereunder

April 8, 2020.
    The outbreak of coronavirus disease 2019 (COVID-19) has had far-
reaching and unanticipated effects, including in our financial markets,
and, in particular, our credit markets. In light of the current
situation, we are issuing this Order providing exemptions from certain
requirements of the Investment Company Act. The exemptions provide
additional temporary flexibility for closed-end investment companies
that have elected to be regulated as business development companies
(``BDCs'') to issue and sell senior securities and participate in
certain joint enterprises or other joint arrangements that would
otherwise be prohibited by section 57(a)(4) of the Investment Company
Act and Rule 17d-1 thereunder. BDCs were created to provide capital to
smaller domestic operating companies that otherwise may not be able to
readily access the capital markets (we refer to such companies as
``portfolio companies''). The Commission recognizes that, in the
current environment, many BDCs may face challenges absent these
exemptions in providing capital to their affected portfolio companies,
and therefore, in fulfilling their statutory mandate. A BDC may face
such challenges if (i) it is unable to satisfy the asset coverage
requirements under the Investment Company Act due to temporary mark-
downs in the value of the loans to such portfolio companies, or (ii)
certain of its affiliates are prohibited from participating in
additional investments in the BDC's portfolio companies due to
restrictions in its current exemptive order permitting co-investments.
In recognition of the current facts and circumstances, and for the
reasons identified above, the Commission has determined that certain
BDCs may be unable to meet their statutory mandate. Therefore, the
temporary exemptions herein are necessary and appropriate in order for
BDCs to continue providing credit support to portfolio companies
impacted by COVID-19.
    In light of the current and potential effects of COVID-19, the
Commission

finds that the exemptions set forth below, as applicable:

    Are necessary and appropriate in the public interest and
consistent with the protection of investors and the purposes fairly
intended by the policy and provisions of the Investment Company Act;
    Permit transactions under the terms of which the participation
of each registered investment company is consistent with the
provisions, policies, and purposes of the Investment Company Act,
and not on a basis different from or less advantageous than that of
other participants; and
    Are necessary and appropriate to the exercise of the powers
conferred on it by the Investment Company Act.

    The necessity for prompt action of the Commission does not permit
prior notice of the Commission's action.

I. Time Period for the Exemptive Relief

    The relief provided in each of the following Sections of this Order
is limited to the period from (and including) the date of this Order to
the earlier of (i) December 31, 2020 (including such date), or (ii) the
date by which the BDC ceases to rely on this Order (the ``Exemption
Period'').
    The Commission intends to continue to monitor the situation as it
develops. The time period for any or all of the relief may, if
necessary, be extended with any additional conditions that are deemed
appropriate, and the Commission may issue other relief as necessary or
appropriate.

II. Issuance and Sale of Senior Securities by BDCs

    It is Ordered, pursuant to sections 6(c) and 38(a) of the
Investment Company Act that:
    During the Exemption Period, notwithstanding the asset coverage
requirements of sections 18(a)(1)(A) and 18(a)(2)(A) of the Investment
Company Act, as modified for BDCs by sections 61(a)(1) and 61(a)(2),
and the requirement of section 18(b) of the Investment Company Act to
determine asset coverage on the basis of values calculated as of a time
within forty-eight hours (not including Sundays or holidays) next
preceding the time of such determination, a BDC may issue or sell a
senior security that represents an indebtedness or that is a stock
(together, the ``covered senior securities''), provided that:
    (a) Adjusted Portfolio Value. At the time of any issuance or sale
of a covered senior security, the BDC shall calculate asset coverage
ratios in accordance with section 18(b) of the Investment Company Act,
except that, in reliance on this Order, with respect to portfolio
company holdings (i) that the BDC held at December 31, 2019; (ii) that
the BDC continues to hold at the time of such issuance or sale; and
(iii) for which the BDC is not recognizing a realized loss,\1\ the BDC
may use values calculated as of December 31, 2019, to calculate
portfolio value (the ``Adjusted Portfolio Value'') to meet an Adjusted
Asset Coverage Ratio.\2\ To calculate the Adjusted Asset Coverage
Ratio, a BDC must reduce its asset coverage ratio using the Adjusted
Portfolio Value by an amount equal to 25% of the difference between the
asset coverage ratio calculated using the Adjusted Portfolio Value and
the asset coverage ratio calculated in accordance with section 18(b) of
the Investment Company Act.\3\ For example a BDC has a 220% asset
coverage ratio on December 31, 2019.\4\ Its asset coverage ratio
declines to 160% on March 31, 2020, not using the Adjusted Portfolio
Value, and 200% if it calculated the ratio (without the 25% decrease)
using the Adjusted Portfolio Value. This BDC would have an Adjusted
Asset Coverage Ratio of 190% (200% minus 10% (25% of the difference
between 200% and 160%)).
---------------------------------------------------------------------------

    \1\ BDCs may not include a December 31, 2019, fair value
measurement in their Adjusted Asset Coverage Ratio if the portfolio
company holding is permanently impaired. For purposes of this Order,
a permanently impaired holding is a holding where a BDC recognized a
realized loss subsequent to December 31, 2019, and the loss is not
recoverable. For example, a BDC's portfolio company may have been
impacted by events occurring in 2020, such as a natural disaster,
the permanent loss of an operating license, or an enacted temporary
shelter-in-place policy, and such BDC may have determined that a
permanent valuation write down or a portion thereof was necessary as
the loss will not be recoverable.
    \2\ As described, the adjustment permitted by this Order applies
only to portfolio company holdings that are not permanently
impaired, and that are held both at December 31, 2019, and at the
date of issuance of the covered senior security subject to this
Order. The adjustment does not apply to portfolio company holdings
acquired after December 31, 2019. For purposes of this Order, all
assets acquired and all senior securities issued after December 31,
2019, that are held or outstanding at the date of the calculation of
the Adjusted Asset Coverage Ratio shall be included in the
calculation without adjustment.
    \3\ Further, the Adjusted Portfolio Value is solely for purposes
of calculating the BDC's asset coverage ratio. BDCs must adhere to
generally accepted accounting principles in the United States for
purposes of financial reporting, which requires application of fair
value measurement for portfolio holdings under the Financial
Accounting Standards Board Accounting Standards Codification Topic
820: Fair Value Measurements.
    \4\ For BDCs, sections 61(a)(1) and 61(a)(2) of the Investment
Company Act modify the asset coverage requirements of section 18(a)
to be either 200 percent or 150 percent (provided certain conditions
have been met).
---------------------------------------------------------------------------

    (b) Election. Prior to relying on section II of this Order, a BDC
must make an election by filing on Form 8-K. Similarly, a BDC may
withdraw its election through filing on Form 8-K.
    (c) Limitation on New Investments. A BDC that has elected to rely
on section II of this Order shall not, for 90 days from the date of
such election, make an initial investment in any portfolio company in
which the BDC was not already invested as of the date of this Order,
provided that a BDC may make an initial investment in such a portfolio
company if at the time of investment its asset coverage ratio complies
with the asset coverage ratio applicable to it under section 18 of the
Investment Company Act, as modified by section 61.
    (d) Board Approval of Reliance on this Order. Prior to the BDC's
election to rely on section II of this Order, the BDC's board of
directors or trustees (``Board''), including a required majority of the
Board, as defined in section 57(o) of the Investment Company Act (a
``Required Majority''), shall have determined that the issuance or sale
of covered senior securities is permitted by this Order and is in the
best interests of the BDC and its shareholders.
    (e) Board Approval of Each Issuance of Senior Securities. Prior to
a BDC issuing or selling covered senior securities, the Board,
including a Required Majority, shall determine that each such issuance
is in the best interests of the BDC and its shareholders. Prior to
making such determination, the Board must obtain and consider (i) a
certification from the BDC's investment adviser that the issuance of
covered senior securities is in the best interests of the BDC and its
shareholders; such certification shall include not only the investment
adviser's recommendation, but also the reasons therefore, including
whether the adviser has considered other reasonable alternatives that
would not result in the issuance or sale of a covered senior security;
and (ii) advice from an Independent Evaluator \5\ regarding whether the
terms and conditions of the proposed issuance or sale of a covered
senior security are fair and reasonable compared to similar issuances,
if any, by unaffiliated third parties in light of current market
conditions.
---------------------------------------------------------------------------

    \5\ The term ``Independent Evaluator'' shall mean a person who
has expertise in the valuation of securities and other financial
assets and who is not an interested person, as defined in section
2(a)(19) of the Investment Company Act, of the BDC, or any affiliate
thereof.
---------------------------------------------------------------------------

    (f) No Sunset Period. The Board of any BDC that has elected to rely
on section II of this Order shall receive and review, no less
frequently than monthly, reports prepared by the BDC's investment
adviser regarding and assessing the efforts that the investment adviser
has undertaken, and progress

that the BDC has made, towards achieving compliance with the asset
coverage requirements under section 18 of the Investment Company Act,
as modified by section 61, by the expiration of the Exemption Period.
Upon expiration of the Exemption Period, any BDC not in compliance with
the asset coverage requirements applicable to such BDC at that time as
described in sections 18(a)(1)(A) and 18(a)(2)(A), as modified by
sections 61(a)(1) and 61(a)(2), shall immediately make a filing on Form
8-K that includes the following information: (i) The BDC's current
asset coverage ratio; (ii) the reasons why the BDC was unable to comply
with the asset coverage requirements; (iii) the time frame within which
the BDC expects to come into compliance with the asset coverage
requirements; and (iv) the specific steps that the BDC will be
undertaking to bring itself into compliance with the asset coverage
requirements.\6\
---------------------------------------------------------------------------

    \6\ Sections 18 and 61 of the Investment Company Act generally
prohibit a BDC that is not in compliance with its asset coverage
requirements from paying a cash dividend or issuing additional
senior securities.
---------------------------------------------------------------------------

    (g) Recordkeeping. Each BDC shall make and preserve, for a period
of not less than six years, the first two years in an easily accessible
place, minutes describing (i) the Board's deliberations in connection
with paragraph (e) above, including the factors considered by the board
in connection with such determinations, as well as all information,
documents and reports provided to the Board in connection therewith;
and (ii) the reports made to the Board pursuant to paragraph (f) above,
including copies of all other information provided to or relied upon by
the Board.
    (h) No Compensation or Remuneration of Any Kind. Except (i) to the
extent permitted by section 57(k) of the Investment Company Act; or
(ii) for payments or distributions made by an issuer to all holders of
a security in accordance with the security's terms, no affiliated
person of the BDC nor any affiliated person of such a person, shall
receive any transaction fees (including break-up, structuring,
monitoring or commitment fees) or other remuneration from an issuer in
which the BDC invests during the Exemption Period. For the avoidance of
doubt, this condition does not apply to the receipt of investment
advisory fees by an investment adviser to the BDC under an investment
management agreement entered into in accordance with section 15 of the
Investment Company Act.
    (i) This Order provides relief only to issue or sell senior
securities representing an indebtedness or that is a stock. This Order
does not provide relief in connection with the declaration or payment
of any dividend or any other distribution.

III. Expansion of Relief for BDCs With Existing Co-Investment Orders

    It is Ordered, pursuant to sections 17(d) and 57(i) of the
Investment Company Act and rule 17d-1 thereunder that:
    During the Exemption Period, notwithstanding sections 17(d) and
57(a)(4) of the Investment Company Act and rule 17d-1 thereunder, any
BDC to which a Commission order permitting co-investment transactions
in portfolio companies with certain affiliated persons is currently
applicable (``existing co-investment order'') may:
    Participate in a Follow-On Investment (which may include a Non-
Negotiated Follow-On Investment) with one or more Regulated Funds and/
or Affiliated Funds, provided that (i) if such participant is a
Regulated Fund, it has previously participated in a Co-Investment
Transaction with the BDC with respect to the issuer, and (ii) if such
participant is an Affiliated Fund, it either (X) has previously
participated in a Co-Investment Transaction with the BDC with respect
to the issuer, or (Y) is not invested in the issuer; \7\ provided that:
---------------------------------------------------------------------------

    \7\ The terms Follow-On Investment, Regulated Fund, Affiliated
Fund and Co-Investment Transaction shall have the same meanings
ascribed to them in the BDC's existing co-investment order, or, if
the BDC's existing co-investment order uses a substantially similar
term, the substantially similar term. For purposes of this Order,
the term Affiliated Fund does not include any open or closed-end
investment company registered under the Investment Company Act or a
BDC.
    The term ``Non-Negotiated Follow-On Investment'' shall be given
the meaning ascribed to it in existing co-investment orders. For
purposes of this Order, a BDC may participate in a Non-Negotiated
Follow-On Investment in reliance on this Order whether or not such
term is used in its existing co-investment order.
---------------------------------------------------------------------------

    (a) Any such transaction is otherwise effected in accordance with
the terms and conditions of the existing co-investment order; and
    (b) Board Oversight.
    (1) Non-Negotiated Follow-On Investments. Non-Negotiated Follow-On
Investments do not require prior approval by the Board; however they
are subject to the periodic reporting requirements set forth in the
BDC's existing co-investment order.
    (2) Follow-On Investments other than Non-Negotiated Follow-On
Investments. In connection with making the findings required by the
BDC's existing co-investment order with respect to Follow-On
Investments that are not Non-Negotiated Follow-On Investments, the
Board, and a Required Majority, shall review the proposed Follow-On
Investment both on a stand-alone basis and in relation to the total
economic exposure of the BDC to the issuer.\8\
---------------------------------------------------------------------------

    \8\ For purposes of complying with this condition of this Order,
the Board, and a Required Majority, need not make the findings
required with respect to Enhanced Review Follow-On Investments, as
such term is defined in existing co-investment orders.

    By the Commission.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-07788 Filed 4-13-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 12, 2005 (Volume 70, Number 196)]
[Notices]
[Page 59360-59361]
[DOCID:fr12oc05-86]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-3262-EM]

New York; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of New York (FEMA-3262-EM), dated September 30,
2005, and related determinations.

EFFECTIVE DATE: September 30, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal

Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 30, 2005, the President declared an emergency
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford
Act), as follows:

    I have determined that the emergency conditions in the State of
New York, resulting from the influx of evacuees from states impacted
by Hurricane Katrina beginning on August 29, 2005, and continuing,
are of sufficient severity and magnitude to warrant an emergency
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act).
Therefore, I declare that such an emergency exists in the State of
New York.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act to save lives and protect public health and safety, or
to lessen or avert the threat of a catastrophe in the designated
areas. Specifically, you are authorized to provide emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program, at 100 percent
Federal funding. This assistance excludes regular time costs for
subgrantees' regular employees. In addition, you are authorized to
provide such other forms of assistance under Title V of the Stafford
Act as you may deem appropriate.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal emergency assistance and
administrative expenses.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Under Secretary for
Emergency Preparedness and Response, Department of Homeland Security,
under Executive Order 12148, as amended, Kathryn G. Rise Humphrey, of
FEMA is appointed to act as the Federal Coordinating Officer for this
declared emergency.
    I do hereby determine the following areas of the State of New York
to have been affected adversely by this declared emergency:

    All 62 counties in the State of New York for Public Assistance
Category B (emergency protective measures), including direct Federal
assistance, at 100 percent Federal funding.

(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 Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050
Individuals and Households Program-Other Needs, 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department
of Homeland Security.
[FR Doc. 05-20428 Filed 10-11-05; 8:45 am]

BILLING CODE 9110-10-P