[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9564-9569]
[FR Doc No: 2018-04447]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33038; File No. 812-14760]

Alcentra Capital Corporation, et al.

February 28, 2018.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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

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

SUMMARY OF APPLICATION:  Applicants request an order to permit business
development companies (``BDCs'') and certain closed-end management
investment companies to co-invest in portfolio companies with each
other and with affiliated investment funds.

Applicants:  Alcentra Capital Corporation (the ``Company''); Alcentra
BDC Equity Holdings, LLC (the ``Subsidiary''); Alcentra Middle Market
Fund IV, L.P. (the ``Existing Co-Investment Affiliate''); Alcentra NY,
LLC (``Alcentra NY''); The Dreyfus Corporation (``Dreyfus''); Dreyfus
Alcentra Global Credit Income 2024 Target Term Fund, Inc. (``DCF'');
Stira Alcentra Global Credit Fund (``Stira Alcentra,'' and together
with the Company and DCF, the ``Existing Regulated Funds''); and Stira
Investment Adviser, LLC (``Stira Adviser'').

Filing Dates:  The application was filed on April 10, 2017 and amended
on August 21, 2017, October 27, 2017, January 26, 2018, and February
14, 2018.

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 March 26, 2018, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to Rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

Addresses:  Secretary, U.S. Securities and Exchange Commission, 100 F
St. NE, Washington, DC 20549-1090. Applicants: Alcentra Capital
Corporation, Alcentra Middle Market Fund IV, L.P, Alcentra NY, LLC,
Alcentra BDC Equity Holdings, LLC, The Dreyfus Corporation, and Dreyfus

Alcentra Global Credit Income 2024 Target Term Fund, Inc., 200 Park
Avenue, 7th Floor, New York, NY 10166; Stira Alcentra Global Credit
Fund and Stira Investment Adviser, LLC, 18100 Von Karman Avenue, Suite
500, Irvine, CA 92612.

For Further Information Contact:  Courtney S. Thornton, Senior Counsel,
or Robert H. Shapiro, Branch Chief, at<PHONE_NUMBER> (Chief Counsel's
Office, Division of Investment Management).

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

Applicants' Representations

    1. The Company was organized as a corporation under the General
Corporate Laws of the State of Maryland. The Company operates as an
externally-managed, non-diversified, closed-end management investment
company that has elected to be regulated as a business development
company (``BDC'') under the Act.\1\ The Company's investment objective
is to generate both current income and capital appreciation primarily
by making direct investments in lower middle-market companies in the
form of subordinated debt and, to a lesser extent, senior debt and
minority equity investments. Four of the seven members of the board of
directors (``Board'') \2\ of the Company are persons who are not
``interested persons,'' as defined in section 2(a)(19) of the Act (the
``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\ ``Board'' refers to the board of directors or trustees, as
applicable, of any Regulated Fund (as defined below).
---------------------------------------------------------------------------

    2. The Subsidiary, a Delaware limited liability company, is a
Wholly-Owned Investment Sub (as defined below), the sole business
purpose of which is to hold one or more investments on behalf of the
Company.
    3. DCF is a Maryland corporation that is a diversified, closed-end
management investment company registered under the Act that has a
limited term of approximately seven years. DCF's investment objective
is to seek high current income by investing at least 80% of its managed
assets in credit instruments and other investments with similar
economic characteristics. The Board of DCF currently consists of six
members, all of whom are Independent Directors.
    4. Stira Alcentra is a non-diversified, closed-end management
company registered under the Act organized as a Delaware statutory
trust. Stira Alcentra's investment objective is to provide current
income and capital preservation with the potential for capital
appreciation. Stira Alcentra intends to pursue its investment objective
by providing customized financing solutions to lower middle-market and
middle-market companies in the form of floating and fixed rate senior
secured loans, second lien loans and subordinated debt and, to a lesser
extent, minority equity investments. Stira Alcentra's shares will not
be listed for trading on any securities exchange. Three of the five
members of the Board of Stira Alcentra are Independent Directors.
    5. The Existing Co-Investment Affiliate is a Delaware limited
partnership. The Existing Co-Investment Affiliate's investment
objective is to generate both current income and capital appreciation
primarily by making direct investments in lower middle-market
companies. The Existing Co-Investment Affiliate currently has no
investments. In reliance on the exclusion from the definition of
``investment company'' provided by section 3(c)(1) or 3(c)(7) of the
Act, none of the Co-Investment Affiliates (as defined below) will be
registered under the Act.
    6. Alcentra NY is a Delaware limited liability company that is
registered as an investment adviser under the Investment Advisers Act
of 1940 (the ``Advisers Act''). Alcentra NY is a subsidiary of the
Alcentra Group, which is an indirect, wholly-owned subsidiary of The
Bank of New York Mellon Corporation (``BNY Mellon''). Alcentra NY
serves as investment adviser to the Company pursuant to an investment
advisory agreement. Because the Subsidiary is a wholly-owned,
consolidated subsidiary of the Company, Alcentra NY manages the assets
of the Subsidiary. Alcentra NY also serves as investment adviser to the
Existing Co-Investment Affiliate and as sub-adviser to DCF and Stira
Alcentra.
    7. Dreyfus, a wholly-owned subsidiary of BNY Mellon, is a
corporation organized under the laws of the State of New York and an
investment adviser registered under the Advisers Act. Dreyfus serves as
the investment manager to DCF pursuant to a management agreement.
Dreyfus has delegated substantially all of its portfolio management
obligations to Alcentra NY pursuant to an investment sub-advisory
agreement, but is responsible for the overall management of DCF's
portfolio and for the supervision and ongoing monitoring of Alcentra
NY. Dreyfus will not source potential co-investments under the order.
    8. Stira Adviser is organized as a Delaware limited liability
company and is registered as an investment adviser under the Advisers
Act. Stira Adviser serves as investment adviser to Stira Alcentra
pursuant to an investment advisory agreement. Stira Adviser has
delegated substantially all of its portfolio-management obligations to
Alcentra NY pursuant to an investment sub-advisory agreement, but will
have general oversight over the investment process on behalf of Stira
Alcentra. Stira Adviser also will have ultimate responsibility for
Alcentra NY's performance under the terms of the investment sub-
advisory agreement.
    9. Alcentra NY is solely responsible for identifying and
recommending investments for Stira Alcentra. Prior to any investment by
Stira Alcentra, Alcentra NY will hold an investment committee meeting,
with respect to which Stira Adviser has observer rights. Stira Adviser
will participate in the investment process with regard to Stira
Alcentra through the exercise of its observer rights. Stira Adviser
will not source any Potential Co-Investment Transactions (as defined
below) under the requested Order.
    10. Applicants seek an order (``Order'') to permit a Regulated Fund
\3\ (or a Wholly-Owned Investment Sub) and one or more other Regulated
Funds (or a Wholly-Owned Investment Sub) and/or one or more Co-
Investment

Affiliates \4\ to participate in the same investment opportunities
through a proposed co-investment program (the ``Co-Investment
Program'') where such participation would otherwise be prohibited under
sections 17(d) and 57(a)(4) and rule 17d-1.\5\ ``Co-Investment
Transaction'' means any transaction in which a Regulated Fund (or a
Wholly-Owned Investment Sub) participates together with one or more
other Regulated Funds (or a Wholly-Owned Investment Sub) and/or one or
more Co-Investment Affiliates in reliance on the requested Order.
``Potential Co-Investment Transaction'' means any investment
opportunity in which a Regulated Fund (or a Wholly-Owned Investment
Sub) could not participate together with one or more other Regulated
Funds (or a Wholly-Owned Investment Sub) and/or one or more Co-
Investment Affiliates without obtaining and relying on the Order.\6\
---------------------------------------------------------------------------

    \3\ ``Regulated Funds'' means the Existing Regulated Funds and
any future closed-end investment companies that (a) are registered
under the Act or have elected to be regulated as a BDC under the
Act, (b) are (i) advised by an Alcentra/Dreyfus Adviser, as defined
below, or (ii) advised by Stira Adviser and sub-advised by an
Alcentra/Dreyfus Adviser where the Alcentra/Dreyfus Adviser has
discretionary authority to make investment decisions for such
Regulated Fund, and (c) that intend to participate in the Co-
Investment Program. ``Alcentra/Dreyfus Adviser'' means Alcentra NY,
Dreyfus, or an entity registered under the Investment Advisers Act
of 1940 (``Advisers Act'') that is controlling, controlled by, or
under common control with BNY Mellon. The term ``Adviser'' means an
Alcentra/Dreyfus Adviser or Stira Adviser. Alcentra NY and Dreyfus
are direct or indirect wholly-owned subsidiaries of BNY Mellon. All
references to the term ``Adviser'' include successors-in-interest. A
successor-in-interest is limited to any entity resulting from a
reorganization of the Adviser into another jurisdiction or a change
in the type of business organization.
    \4\ ``Co-Investment Affiliates'' means the Existing Co-
Investment Affiliate and any Future Co-Investment Affiliate.
``Future Co-Investment Affiliate'' means any entity (i) whose
investment adviser is an Adviser, (ii) that would be an investment
company but for Section 3(c)(1) or 3(c)(7) of the Act and (iii) that
intends to participate in the Co-Investment Program.
    \5\ The Order would supersede an exemptive order issued by the
Commission (the ``Prior Order''). Alcentra Capital Corporation, et
al., Investment Company Act Release Nos. 31927 (Dec. 4, 2015)
(notice) and 31951 (Dec. 30, 2015) (order). No person will continue
to rely on the Prior Order if the Order is granted.
    \6\ 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.
---------------------------------------------------------------------------

    11. Applicants state that a Regulated Fund may, from time to time,
form one or more Wholly-Owned Investment Subs.\7\ Such a subsidiary
would be prohibited from investing in a Co-Investment Transaction with
any Co-Investment Affiliate or another Regulated Fund because it would
be a company controlled by the Regulated Fund for purposes of sections
17(d) and 57(a)(4) and rule 17d-1. Applicants request that each Wholly-
Owned Investment Sub be permitted to participate in Co-Investment
Transactions in lieu of the Regulated Fund that owns it and that the
Wholly-Owned Investment Sub's participation in any such transaction be
treated, for purposes of the requested Order, as though the Regulated
Fund were participating directly. Applicants represent that this
treatment is justified because a Wholly-Owned Investment Sub would have
no purpose other than serving as a holding vehicle for the Regulated
Fund's investments and, therefore, no conflicts of interest could arise
between the Regulated Fund and the Wholly-Owned Investment Sub. The
Board would make all relevant determinations under the conditions with
regard to a Wholly-Owned Investment Sub's participation in a Co-
Investment Transaction, and the Board would be informed of, and take
into consideration, any proposed use of a Wholly-Owned Investment Sub
in the Regulated Fund's place. If a Regulated Fund proposes to
participate in the same Co-Investment Transaction with any of its
Wholly-Owned Investment Subs, the Board will also be informed of, and
take into consideration, the relative participation of the Regulated
Fund and the Wholly-Owned Investment Sub.
---------------------------------------------------------------------------

    \7\ ``Wholly-Owned Investment Sub'' means an entity (i) that is
wholly-owned by a Regulated Fund (with the Regulated Fund at all
times holding, beneficially and of record, 100% of the voting and
economic interests); (ii) whose sole business purpose is to hold one
or more investments on behalf of the Regulated Fund (and, in the
case of any SBIC Subsidiaries (as defined below), to maintain a
license under the SBA Act (as defined below) and issue debentures
guaranteed by the SBA (as defined below)); (iii) with respect to
which the Board of a Regulated Fund has the sole authority to make
all determinations with respect to the Wholly-Owned Investment Sub's
participation under the conditions to the Application; and (iv) that
would be an investment company but for Section 3(c)(1) or 3(c)(7) of
the Act. ``SBIC Subsidiary'' means a Wholly-Owned Investment Sub
that is licensed by the Small Business Administration (the ``SBA'')
to operate under the Small Business Investment Act of 1958, as
amended, the (``SBA Act'') as a small business investment company
(an ``SBIC'').
---------------------------------------------------------------------------

    12. In selecting investments for the Regulated Funds, an Alcentra/
Dreyfus Adviser will consider only the investment objective, investment
policies, investment position, capital available for investment and
other factors relevant to each Regulated Fund. Each of the Co-
Investment Affiliates has or will have investment objectives and
strategies that are similar to or overlap with the Objectives and
Strategies \8\ of each Regulated Fund. To the extent there is an
investment opportunity that falls within the Objectives and Strategies
of one or more Regulated Funds and the investment objectives and
strategies of one or more of the Co-Investment Affiliates, the
Alcentra/Dreyfus Adviser would expect such Regulated Funds and Co-
Investment Affiliates to co-invest with each other, with certain
exceptions based on available capital or diversification.\9\
---------------------------------------------------------------------------

    \8\ ``Objectives and Strategies,'' with respect to each
Regulated Fund, means the Regulated Fund's investment objectives and
strategies, as described in the Regulated Fund's registration
statement on Form N-2, other filings the Regulated Fund has made
with the Commission under the Securities Act of 1933 (the ``1933
Act''), or under the Securities Exchange Act of 1934 and the
Regulated Fund's report to stockholders.
    \9\ The Regulated Funds, however, will not be obligated to
invest, or co-invest, when investment opportunities are referred to
them.
---------------------------------------------------------------------------

    13. After making the determinations required in conditions 1 and
2(a), other than in the case of pro rata Dispositions (as defined
below) and Follow-On Investments,\10\ as provided in conditions 7 and
8, the Adviser will present each Potential Co-Investment Transaction
and the proposed allocation to the directors or trustees of the Board
that are eligible to vote under section 57(o) of the Act (the
``Eligible Directors''). The ``required majority,'' as defined in
section 57(o) of the Act (``Required Majority''),\11\ of a Regulated
Fund will approve each Co-Investment Transaction prior to any
investment by the Regulated Fund.
---------------------------------------------------------------------------

    \10\ ``Follow-On Investment'' means any additional investment in
an existing portfolio company, the exercise of warrants, conversion
privileges or other similar rights to acquire additional securities
of the portfolio company.
    \11\ In the case of a Regulated Fund that is a registered
closed-end fund, the Board members that make up the Required
Majority will be determined as if the Regulated Fund were a BDC
subject to section 57(o).
---------------------------------------------------------------------------

    14. All subsequent activity, meaning either to (a) sell, exchange,
or otherwise dispose of an investment (collectively, a ``Disposition'')
or (b) complete a Follow-On Investment, in respect of an investment
acquired in a Co-Investment Transaction will also be made in accordance
with the terms and conditions set forth in the application. With
respect to the pro rata Dispositions and Follow-On Investments provided
in conditions 7 and 8, a Regulated Fund may participate in a pro rata
Disposition or Follow-On Investment without obtaining prior approval of
the Required Majority if, among other things: (i) The proposed
participation of each Co-Investment Affiliate and Regulated Fund 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 Regulated Fund has approved that Regulated Fund's
participation in pro rata Dispositions and Follow-On Investments as
being in the best interests of the Regulated Fund. If the Board does
not so approve, any such Disposition or Follow-On Investment will be
submitted to the Regulated Fund's Eligible Directors. The Board of any
Regulated Fund may at any time rescind, suspend or qualify its approval
of pro rata Dispositions and Follow-On Investments with the result that
all Dispositions and/or Follow-On

Investments must be submitted to the Eligible Directors.
    15. No Independent Director of a Regulated Fund will have a
financial interest in any Co-Investment Transaction, other than
indirectly through share ownership in one of the Regulated Funds.
    16. Under condition 14, if an Adviser, its principals, or any
person controlling, controlled by, or under common control with the
Adviser or its principals, and the Co-Investment Affiliates
(collectively, the ``Holders'') own in the aggregate more than 25
percent of the outstanding voting shares of a Regulated Fund (the
``Shares''), then the Holders will vote such Shares as directed by an
independent third party when voting on matters specified in the
condition. Applicants believe that this condition will ensure that the
Independent Directors will act independently in evaluating the Co-
Investment Program, because the ability of the Adviser or its
principals to influence the Independent Directors by a suggestion,
explicit or implied, that the Independent Directors can be removed will
be limited significantly. Applicants represent that the Independent
Directors will evaluate and approve any such independent third party,
taking into account its qualifications, reputation for independence,
cost to the Regulated Fund's shareholders, and other factors that they
deem relevant.

Applicants' Legal Analysis

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

Applicants' Conditions

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

be interpreted to prohibit the Required Majority from reaching the
conclusions required by this condition 2(c)(iii), if:
    (A) The Eligible Directors will have the right to ratify the
selection of such director or board observer, if any;
    (B) the applicable Alcentra/Dreyfus Adviser agrees to, and does,
provide periodic reports to the Board of the Regulated Fund 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 other Regulated Fund,
or any Co-Investment Affiliate, or any affiliated person of either
receives in connection with the right of any other Regulated Fund or a
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 (which each may, in turn, share
its portion with its affiliated persons) and the participating
Regulated Funds in accordance with the amount of each party's
investment; and
    (iv) the proposed investment by the Regulated Fund will not benefit
the Advisers, the Co-Investment Affiliates, the other Regulated Funds
or any affiliated person of any of them (other than the parties to the
Co-Investment Transaction), except (A) to the extent permitted by
condition 13, (B) to the extent permitted by sections 17(e) or 57(k) of
the Act, as applicable, (C) indirectly, as a result of an interest in
the securities issued by one of the parties to the Co-Investment
Transaction, or (D) in the case of fees or other compensation described
in condition 2(c)(iii)(C).
    3. Each Regulated Fund has the right to decline to participate in
any Potential Co-Investment Transaction or to invest less than the
amount proposed.
    4. The applicable Alcentra/Dreyfus Adviser will present to the
Board of the applicable Regulated Fund, on a quarterly basis, a record
of all investments in Potential Co-Investment Transactions made by any
of the other Regulated Funds and Co-Investment Affiliates during the
preceding quarter that fell within the Regulated Fund's then-current
Objectives and Strategies that were not made available to the Regulated
Fund, and an explanation of why the investment opportunities were not
offered to the Regulated Fund. All information presented to the Board
pursuant to this condition will be kept for the life of the Regulated
Fund and at least two years thereafter, and will be subject to
examination by the Commission and its staff.
    5. Except for Follow-On Investments made in accordance with
condition 8 below,\12\ a Regulated Fund will not invest in reliance on
the Order in any issuer in which another Regulated Fund, Co-Investment
Affiliate, or any affiliated person of another Regulated Fund or Co-
Investment Affiliate is an existing investor.
---------------------------------------------------------------------------

    \12\ This exception applies only to Follow-On Investments by a
Regulated Fund in issuers in which that Regulated Fund already holds
investments.
---------------------------------------------------------------------------

    6. A Regulated Fund will not participate in any Potential Co-
Investment Transaction unless the terms, conditions, price, class of
securities to be purchased, settlement date, and registration rights
will be the same for each participating Regulated Fund and Co-
Investment Affiliate. The grant to a Co-Investment Affiliate or another
Regulated Fund, but not the Regulated Fund, of the right to nominate a
director for election to a portfolio company's board of directors, the
right to have an observer on the board of directors or similar rights
to participate in the governance or management of the portfolio company
will not be interpreted so as to violate this condition 6, if
conditions 2(c)(iii)(A), (B) and (C) are met.
    7. (a) If any Co-Investment Affiliate or any Regulated Fund elects
to sell, exchange or otherwise dispose of an interest in a security
that was acquired in a Co-Investment Transaction, the Alcentra/Dreyfus
Adviser will:
    (i) Notify each Regulated Fund that participated in the Co-
Investment Transaction of the proposed Disposition at the earliest
practical time; and
    (ii) formulate a recommendation as to participation by each
Regulated Fund in the Disposition.
    (b) Each Regulated Fund will have the right to participate in such
Disposition on a proportionate basis, at the same price and on the same
terms and conditions as those applicable to any participating Co-
Investment Affiliates and any other Regulated Funds.
    (c) A Regulated Fund may participate in such Disposition without
obtaining prior approval of the Required Majority if: (i) The proposed
participation of each Co-Investment Affiliate and Regulated Fund in
such Disposition is proportionate to its outstanding investments in the
issuer immediately preceding the Disposition; (ii) the Board of the
Regulated Fund has approved as being in the best interests of the
Regulated Fund the ability to participate in such Dispositions on a pro
rata basis (as described in greater detail in the application); and
(iii) the Board of the Regulated Fund is provided on a quarterly basis
with a list of all Dispositions made in accordance with this condition.
In all other cases, the Alcentra/Dreyfus Adviser will provide its
written recommendation as to the Regulated Fund's participation to the
Regulated Fund's Eligible Directors, and the Regulated Fund will
participate in such Disposition solely to the extent that a Required
Majority determines that it is in the Regulated Fund's best interests.
    (d) Each Co-Investment Affiliate and each Regulated Fund will bear
its own expenses in connection with any such Disposition.
    8. (a) If any Co-Investment Affiliate or any Regulated Fund desires
to make a Follow-On Investment in a portfolio company whose securities
were acquired in a Co-Investment Transaction, the Alcentra/Dreyfus
Adviser will:
    (i) Notify each Regulated Fund that participated in the Co-
Investment Transaction of the proposed transaction at the earliest
practical time; and
    (ii) formulate a recommendation as to the proposed participation,
including the amount of the proposed Follow-On Investment, by each
Regulated Fund.
    (b) A Regulated Fund may participate in such Follow-On Investment
without obtaining prior approval of the Required Majority if: (i) The
proposed participation of each Co-Investment Affiliate and each
Regulated Fund in such investment is proportionate to its outstanding
investments in the issuer immediately preceding the Follow-On
Investment; (ii) the Board of the Regulated Fund has approved as being
in the best interests of the Regulated Fund the ability to participate
in Follow-On Investments on a pro rata basis (as described in greater
detail in the application); and (iii) the Board of the Regulated Fund
is provided on a quarterly basis with a list of all Follow-On
Investments made in accordance with this condition. In all other cases,
the Alcentra/Dreyfus Adviser will provide its written recommendation as
to the Regulated Fund's participation to the Eligible Directors, and
the Regulated Fund will participate in such Follow-On Investment solely
to the extent that a Required Majority determines that it is in the
Regulated Fund's best interests.
    (c) If, with respect to any Follow-On Investment:
    (i) The amount of the Follow-On Investment is not based on the Co-
Investment Affiliates' and the Regulated

Funds' outstanding investments immediately preceding the Follow-On
Investment; and
    (ii) the aggregate amount recommended by the Alcentra/Dreyfus
Adviser to be invested by each Regulated Fund in the Follow-On
Investment, together with the amount proposed to be invested by the
participating Co-Investment Affiliates in the same transaction, exceeds
the amount of the opportunity, then the amount to be invested by each
such party will be allocated among them pro rata based on each
participating party's capital available for investment in the asset
class being allocated, up to the amount proposed to be invested by
each.
    (d) The acquisition of Follow-On Investments as permitted by this
condition will be considered a Co-Investment Transaction for all
purposes and subject to the other conditions set forth in the
application.
    9. The Independent Directors of each Regulated Fund will be
provided quarterly for review all information concerning Potential Co-
Investment Transactions and Co-Investment Transactions, including
investments made by the Co-Investment Affiliates and the other
Regulated Funds that the Regulated 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 that the Regulated 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 Regulated Fund of participating in new and
existing Co-Investment Transactions.
    10. Each Regulated Fund will maintain the records required by
section 57(f)(3) of the Act as if each of the Regulated Funds were a
BDC and each of the investments permitted under these conditions were
approved by the Required Majority under section 57(f) of the Act.
    11. No Independent Director of a Regulated Fund will also be a
director, general partner, managing member or principal, or otherwise
an ``affiliated person'' (as defined in the Act), of any Co-Investment
Affiliate.
    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 1933 Act) will, to the
extent not payable by the Advisers under their respective advisory
agreements with the Co-Investment Affiliates and the Regulated Funds,
be shared by the participating Co-Investment Affiliates and the
participating Regulated Funds in proportion to the relative amounts of
the securities held or being acquired or disposed of, as the case may
be.
    13. Any transaction fee \13\ (including break-up or commitment fees
but excluding broker's fees contemplated by section 17(e) or 57(k) of
the Act, as applicable) received in connection with a Co-Investment
Transaction will be distributed to the participating Co-Investment
Affiliates and Regulated Funds on a pro rata basis based on the amount
they each invested or committed, as the case may be, in such Co-
Investment Transaction. If any transaction fee is to be held by an
Adviser pending consummation of the transaction, the fee will be
deposited into an account maintained by the Adviser at a bank or banks
having the qualifications prescribed in section 26(a)(1) of the Act,
and the account will earn a competitive rate of interest that will also
be divided pro rata among the participating Co-Investment Affiliates
and Regulated Funds based on the amount each invests in such Co-
Investment Transaction. None of the Co-Investment Affiliates, the
Regulated Funds, the Advisers nor any affiliated person of the
Regulated Funds or Co-Investment Affiliates will receive additional
compensation or remuneration of any kind as a result of or in
connection with a Co-Investment Transaction (other than (a) in the case
of the Co-Investment Affiliates and the Regulated Funds, the pro rata
transaction fees described above and fees or other compensation
described in condition 2(c)(iii)(C), and (b) in the case of the
Advisers, investment advisory fees paid in accordance with their
respective investment advisory agreements with the Regulated Funds and
Co-Investment Affiliates).
---------------------------------------------------------------------------

    \13\ Applicants are not requesting and the staff is not
providing any relief for transaction fees received in connection
with any Co-Investment Transaction.
---------------------------------------------------------------------------

    14. If the Holders own in the aggregate more than 25 percent of the
Shares of a Regulated Fund, then the Holders will vote such Shares as
directed by an independent third party when voting on (1) the election
of directors; (2) the removal of one or more directors; or (3) all
other matters under either the Act or applicable State law affecting
the Board's composition, size, or manner of election.
    15. Each Regulated Fund's chief compliance officer, as defined in
rule 38a-1(a)(4), will prepare an annual report for its Board that
evaluates (and documents the basis of that evaluation) the Regulated
Fund's compliance with the terms and conditions of the application and
the procedures established to achieve such compliance.
    16. The Advisers to the Regulated Funds and Co-Investment
Affiliates will maintain written policies and procedures reasonably
designed to ensure compliance with the foregoing conditions. These
policies and procedures will require, among other things, that each of
the Advisers to each Regulated Fund will be notified of all Potential
Co-Investment Transactions that fall within a Regulated Fund's then-
current Objectives and Strategies and will be given sufficient
information to make its independent determination and recommendations
under conditions 1, 2(a), 7 and 8.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-04447 Filed 3-5-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Page 17394]
[FR Doc No: 2013-06514]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped chronologically, in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
                  Docket No.                     Filed date                  Presenter or requester
----------------------------------------------------------------------------------------------------------------
Exempt:
    1. P-14295-000...........................         03-5-13  Hon. Kirk Pearson.
    2. ER13-64-000, et al....................         03-5-13  Hon. Ron Wyden.
    3. P-2790-000............................        03-11-13  Jon Kurland, Chairman.
----------------------------------------------------------------------------------------------------------------

    Dated: March 15, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-06514 Filed 3-20-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Notices]
[Pages 54355-54356]
[FR Doc No: 2018-23528]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3647]

Endo Pharmaceuticals, Inc., et al.; Withdrawal of Approval of 10
New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is
withdrawing approval of 10 new drug applications (NDAs) from multiple
applicants. The applicants notified the Agency in writing that the drug
products were no longer marketed and requested that the approval of the
applications be withdrawn.

DATES: Approval is withdrawn as of November 28, 2018.

FOR FURTHER INFORMATION CONTACT: Florine P. Purdie, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6248, Silver Spring, MD 20993-0002, 301-
796-3601.

SUPPLEMENTARY INFORMATION: The applicants listed in the table have
informed FDA that these drug products are no longer marketed and have
requested that FDA withdraw approval of the applications under the
process in Sec.  314.150(c) (21 CFR 314.150(c)). The applicants have
also, by their requests, waived their opportunity for a hearing.

Withdrawal of approval of an application or abbreviated application
under Sec.  314.150(c) is without prejudice to refiling.

------------------------------------------------------------------------
     Application No.               Drug                  Applicant
------------------------------------------------------------------------
NDA 009165..............  Delatestryl             Endo Pharmaceuticals,
                           (testosterone           Inc., 1400 Atwater
                           enanthate) Injection,   Dr., Malvern, PA
                           200 milligrams (mg)/    19355.
                           milliliter (mL).
NDA 010417..............  Xylocaine (lidocaine    Fresenius Kabi, USA,
                           hydrochloride (HCl))    LLC, Three Corporate
                           4% Topical Solution/    Dr., Lake Zurich, IL
                           Sterile Injection.      60047.
NDA 016297..............  Xylocaine (1.5%         Do.
                           lidocaine HCl with
                           dextrose 7.5%) Spinal
                           Injection, 2 mL
                           ampules.
NDA 016724..............  Norinyl 1+80            GD Searle LLC, a
                           (mestranol and          subsidiary of Pfizer
                           norethindrone) 21-Day   Inc., 235 East 42nd
                           Tablets, 0.08 mg/1 mg.  St., New York, NY
                                                   10017.
NDA 016725..............  Norinyl 1+80            Do.
                           (mestranol and
                           norethindrone) 28-Day
                           Tablets, 0.08 mg/1 mg.
NDA 019217..............  Sodium Chloride 0.9%    ICU Medical, Inc., 600
                           Injection USP in        N. Field Dr., Lake
                           Plastic Container, 9    Forest, IL 60045.
                           mg/mL.
NDA 019222..............  Dextrose 5% Injection   Do.
                           USP in Plastic
                           Container, 50 mg/mL.
NDA 203098..............  Testosterone Gel, 2.5   Perrigo Co., U.S.
                           mg/1.25 grams (g), 25   Agent for Perrigo
                           mg/2.5 g, 50 mg/5 g.    Israel
                                                   Pharmaceuticals Ltd.,
                                                   3490 Quebec Ave.
                                                   North, Minneapolis,
                                                   MN 55427.
NDA 204031..............  Xartemis XR (oxycodone  Mallinckrodt Inc., 675
                           HCl and                 McDonnell Blvd.,
                           acetaminophen)          Hazelwood, MO 63042.
                           Extended-Release
                           Tablets, 7.5 mg/325
                           mg.
NDA 205777..............  Targiniq ER (naloxone   Purdue Pharma, LP, One
                           HCl and oxycodone       Stamford Forum,
                           HCl) Extended-Release   Stamford, CT 06901-
                           Tablets, 5 mg/10 mg,    3431.
                           10 mg/20 mg, and 20
                           mg/40 mg.
------------------------------------------------------------------------

    Therefore, approval of the applications listed in the table, and
all amendments and supplements thereto, is hereby withdrawn as of
November 28, 2018. Introduction or delivery for introduction into
interstate commerce of products without approved new drug applications
violates section 301(a) and (d) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 331(a) and (d)). Drug products that are listed in the
table that are in inventory on November 28, 2018 may continue to be
dispensed until the inventories have been depleted or the drug products
have reached their expiration dates or otherwise become violative,
whichever occurs first.

    Dated: October 23, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-23528 Filed 10-26-18; 8:45 am]
 BILLING CODE 4164-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 14, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-15699

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    Northwest Airlines, Inc.  filed  7/16/03 for:

XX  Exemption for two years under 49 U.S.C. §40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between Los Angeles, California, and Guadalajara, Mexico, and to combine
this authority with Northwest’s existing certificate and exemption
authority.  Northwest states that it will use the authority pursuant to
a code-share arrangement with Alaska Airlines, Inc., whereby Northwest
will place its code on flights operated by Alaska.

Applicant rep:   Megan Rae Rosia<PHONE_NUMBER>    DOT Analyst:  Linda
L. Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted, subject to conditions (see below).

The action above was effective when taken:   August 14, 2003, through
August 14, 2005.

Action taken by:     Paul L. Gretch, Director

		        Office of International Aviation

XX  Authority granted is consistent with the aviation agreement between
the United States and the Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

XX  Standard Exemption Conditions (attached)

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

Special Conditions/Remarks:  The U.S.-Mexico exemption authority granted
is subject to the dormancy notice requirements set forth in condition 7
of Appendix A of Order 88-10-2.   The exemption authority granted is
limited to service provided on a code-share basis only.

The route integration authority granted is subject to the condition that
any service provided under this exemption shall be consistent with all
applicable agreements between the United States and the foreign
countries involved.  Furthermore, (a) nothing in the award of the route
integration authority granted should be construed as conferring upon
Northwest rights (including fifth-freedom intermediate and/or beyond
rights) to serve markets where U.S. carrier entry is limited unless
Northwest notifies the Department of its intent to serve such a market
and unless and until the Department has completed any necessary carrier
selection procedures to determine which carrier(s) should be authorized
to exercise such rights; and (b) should there be a request by any such
carrier to use the limited-entry route rights that are included in
Northwest’s authority by virtue of the route integration authority
granted here, but that are not then being used by Northwest, the holding
of such authority by route integration will not be considered as
providing any preference for Northwest in a competitive carrier
selection proceeding to determine which carrier(s) should be entitled to
use the authority at issue.

- see next page -

														2

The code-share operations conducted under this authorization are subject
to the following conditions:  (a) The code-sharing operations conducted
under this authority must comply with 14 CFR 257 and with any amendment
to the Department’s regulations concerning code-share arrangements
that may be adopted.  Notwithstanding any provisions in the contract
between the carriers, our approval here is expressly conditioned upon
the requirements that the subject foreign air transportation be sold in
the name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected; and (b)	 the authority
granted here is specifically conditioned so that neither Northwest nor
Alaska shall give any force or effect to any contractual provisions
between themselves that are contrary to these conditions.

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
 To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov/reports_aviation.asp

										APPENDIX

U.S. CARRIER EXEMPTION CONDITIONS

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

											8/2003


[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Page 74809]
[FR Doc No: 2016-25598]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4285-DR; Docket ID FEMA-2016-0001]

North Carolina; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of North Carolina (FEMA-4285-DR), dated October
10, 2016, and related determinations.

DATES: Effective October 10, 2016.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 10, 2016, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of North Carolina resulting from Hurricane Matthew beginning on
October 4, 2016, and continuing, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of North Carolina.
    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 disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and
assistance for debris removal and emergency protective measures
(Categories A and B) under the Public Assistance program in the
designated areas, Hazard Mitigation throughout the State, and any
other forms of assistance under the Stafford Act that you deem
appropriate subject to completion of Preliminary Damage Assessments
(PDAs). Direct Federal assistance is authorized.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation and Other Needs Assistance will be limited to 75
percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, with the exception of projects
that meet the eligibility criteria for a higher Federal cost-sharing
percentage under the Public Assistance Alternative Procedures Pilot
Program for Debris Removal implemented pursuant to section 428 of
the Stafford Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Elizabeth Turner, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of North Carolina have been
designated as adversely affected by this major disaster:

    Beaufort, Bladen, Columbus, Cumberland, Edgecombe, Hoke, Lenoir,
Nash, Pitt, and Robeson Counties for Individual Assistance.
    Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan,
Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe,
Greene, Hoke, Hyde, Johnston, Lenoir, Nash, New Hanover, Onslow,
Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Tyrrell,
Washington, and Wayne Counties for debris removal and emergency
protective measures (Categories A and B), including direct federal
assistance, under the Public Assistance program.
    All areas within the State of North Carolina are eligible for
assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-25598 Filed 10-26-16; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Notices]
[Page 16449]
[DOCID:fr01ap10-51]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL10-52-000]

Central Transmission, LLC v. PJM Interconnection L.L.C.; Notice
of Complaint

March 26, 2010.
    Take notice that on March 25, 2010, Central Transmission, LLC
(Central Transmission) filed a complaint against the PJM
Interconnection L.L.C. (PJM) pursuant to section 206 of the Federal
Power Act (FPA), alleging that Schedule 6 of the PJM Operating
Agreement and Schedule 12 of the PJM Open Access Transmission Tariff
are unjust and unreasonable and unduly discriminatory in violation of
FPA section 206 insofar as the provisions (i) could prevent PJM from
designating Central Transmission to construct and own a transmission
project; (ii) under the same cost recovery provisions in Schedule 12 of
the PJM Tariff on the same terms and conditions that are available to
those entities that currently own transmission facilities that comprise
the PJM transmission system.
    Central Transmission certifies that copies of the complaint were
served on the contacts for Respondent as listed on the Commission's
list of Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    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 on April 14, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-7302 Filed 3-31-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 13, 2007 (Volume 72, Number 177)]
[Proposed Rules]
[Page 52325]
[DOCID:fr13se07-19]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 97

[EPA-R03-OAR-2007-0448; FRL-8465-7]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve the State Implementation Plan (SIP)
revision submitted on June 8, 2007 by the State of West Virginia for
the Clean Air Interstate Rule (CAIR) Nitrogen Oxides (NOX)
Annual and NOX Ozone Season Abbreviated SIP. The abbreviated
SIP revision EPA is proposing to approve includes West Virginia's
methodology for allocation of annual NOX and ozone season
NOX allowances for Phase 1 of CAIR, which is comprised of
control periods 2009 through 2014. EPA is not proposing to make any
changes to the CAIR Federal Implementation Plan currently in effect in
West Virginia, but is proposing, to the extent EPA approves West
Virginia's SIP revision, to amend the appropriate appendices in the
CAIR FIP trading rules simply to note that approval. The intended
effect of this action is to reduce NOX emissions in West
Virginia that are contributing to nonattainment of the 8 hour ozone and
PM2.5 National Ambient Air Quality Standard (NAAQS) in
downwind states. This action is being taken under section 110 of the
Clean Air Act.
    In the Final Rules section of this Federal Register, EPA is
approving the State's SIP submittal as a direct final rule without
prior proposal because the Agency views this as a noncontroversial
submittal and anticipates no adverse comments. If no adverse comments
are received in response to this action, no further activity is
contemplated. If EPA receives 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. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time.

DATES: Comments must be received in writing by October 15, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0448 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2007-0448, Marilyn Powers, Acting Branch
Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0448. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. 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: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street, SE.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication. 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.

    Dated: August 30, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E7-17876 Filed 9-12-07; 8:45 am]

BILLING CODE 6560-50-P