[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Notices]
[Page 42801]
[FR Doc No: 2012-17611]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Private Partnerships Public Meeting

AGENCY: Department of Transportation, Federal Aviation Administration.

ACTION: Notice of meeting.

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SUMMARY: The FAA is conducting a public meeting on August 7 regarding
program design and implementation of an equipage incentives program for
commercial aircraft and general aviation to equip their aircraft with
Next Generation Air Transportation (NextGen) capabilities, pursuant to
the FAA's authority in the FAA Modernization and Reform Act of 2012
(sec. 221). The purpose of this meeting is to serve as an information
sharing session.

FOR FURTHER INFORMATION CONTACT: Ann Tedford, Office of Finance and
Management: Telephone<PHONE_NUMBER>: Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA Modernization and Reform Act of 2012 granted authority for
the Secretary of Transportation to establish an equipage incentive
program to equip US registered aircraft operating in the National
Airspace System (NAS) in the interest of achieving NextGen
capabilities.
    The goal for an equipage program would be to encourage deployment
of NextGen capable aircraft in the NAS sooner than would have occurred
otherwise. Specifically, FAA would aim to increase the speed of
adoption of NextGen equipage, which will accelerate delivery of NextGen
benefits by reducing the time of mixed equipage operations. The FAA is
examining various methods of reducing the Government's risk and
determining the extent of industry interest in the program. The initial
meeting on May 30 served to share FAA's preliminary thinking and seek
industry feedback about what factors are beneficial to the various
stakeholders, if such a program were to be created.

Meeting Information

    Public meeting at Federal Aviation Administration Headquarters (800
Independence Avenue SW., Washington, DC 20591) on August 7, 2012, from
1:00pm to 3:30pm. The meeting will also be available to view live on-
line. The purpose of the meeting is to share the evolution of our
thinking based on what the agency heard from stakeholders subsequent to
the initial PPP Meeting on May 30 and to communicate the agency's next
steps. While several stakeholder groups have provided written and oral
feedback to FAA since that May 30 meeting, the operator community has
not provided much comment on this topic. The FAA is interested in
hearing from this segment of the community about whether and how such a
program would achieve the desired result of accelerating deployment of
NextGen capable aircraft in the NAS sooner than would have occurred
otherwise. The FAA has also received limited feedback from potential
private partners and would encourage feedback from interested partners
as well. Comments, questions and statements in advance of this August 7
meeting should be submitted to<EMAIL_ADDRESS>    The FAA recognizes that some of the information the agency is
seeking might be considered proprietary or commercially sensitive. The
FAA will take all steps needed to protect any information provided that
is marked proprietary or commercially sensitive.
    RSVPs will be required for meeting attendance as well as webcast
viewing. RSVP by August 3 to: http://www.faa.gov/about/initiatives/equipage_incentives/. Background material, meeting agenda, and details
of participation webcast for the August 7 meeting can also be obtained
at: http://www.faa.gov/about/initiatives/equipage_incentives/.

    Issued in Washington, DC, on July 11, 2012.
Julie Oettinger,
Assistant Administrator for Policy, International Affairs and
Environment.
[FR Doc. 2012-17611 Filed 7-19-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Notices]
[Page 56859]
[DOCID:fr30se08-86]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1792-DR]

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

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Louisiana (FEMA-1792-DR), dated September 13, 2008,
and related determinations.

DATES: Effective Date: September 18, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Louisiana is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of September 13, 2008.

    Acadia, Beauregard, Calcasieu, Cameron, Iberia, Jefferson,
Jefferson Davis, Lafourche, Plaquemines, Sabine, St. Mary,
Terrebonne, Vermilion, and Vernon Parishes for emergency protective
measures (Category B), including direct Federal assistance, under
the Public Assistance program (already designated for Individual
Assistance and debris removal [Category A], including direct Federal
assistance, under the Public Assistance 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.

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-22949 Filed 9-29-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Page 12045]
[FR Doc No: 2012-4594]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-68-000]

Texas Eastern Transmission, LP; Notice of Application

    Take notice that on February 16, 2012, Texas Eastern Transmission,
LP (Texas Eastern), PO Box 1642, Houston, Texas 77056 filed an
application in the above referenced docket pursuant to section 7(b) of
the Natural Gas Act (NGA) for approval to abandon its obligation to
provide service on a certain natural gas supply lateral and
appurtenances located in federal waters offshore in the Gulf of Mexico
near Louisiana. Specifically, Texas Eastern proposes to abandon its
obligation to provide service on its undivided interests in a 20-inch
diameter supply lateral extending northwesterly approximately 10.7
miles from a production platform located in High Island Block A-568 to
a subsea tie-in with the 30-inch diameter High Island Offshore System
pipeline in High Island Block A-539, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. The filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site web
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, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application may be directed to Berk
Donaldson, Director, Rates & Certificates, Texas Eastern Transmission,
LP, PO Box 1642, Houston, Texas 77251-1642, by telephone at (713) 627-
4488 or by email at<EMAIL_ADDRESS>    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    The Commission strongly encourages electronic filings of comments,
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 seven copies of the protest or intervention to
the Federal Energy regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: March 13, 2012

    Dated: February 21, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-4594 Filed 2-27-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Notices]
[Pages 71462-71464]
[FR Doc No: 2012-28951]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30280; 812-14026]

Blackstone Alternative Alpha Fund, et al.; Notice of Application

November 26, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections 18(c)
and 18(i) of the Act and for an order pursuant to section 17(d) of the
Act and rule 17d-1 under the Act.

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SUMMARY: Summary of Application: Applicants request an order to permit
certain registered closed-end management investment companies to issue
multiple classes of shares of beneficial interest (``Shares'') and to
impose asset-based service and/or distribution fees and contingent
deferred sales loads (``CDSCs'').

Applicants: Blackstone Alternative Alpha Fund (the ``Feeder Fund''),
Blackstone Alternative Alpha Master Fund (the ``Master Fund''),
Blackstone Alternative Asset Management L.P. (the ``Adviser'') and
Blackstone Advisory Partners L.P. (the ``Distributor'').

DATES: Filing Dates: The application was filed on April 13, 2012, and
amended on September 19, 2012.

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 December 24, 2012,
and should be accompanied by proof of service on the applicants, in the
form of an affidavit, or, for lawyers, a certificate of service.
Hearing requests should state the nature of the writer's interest, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants, c/
o Peter Koffler, Esq., Blackstone Alternative Asset Management L.P.,
345 Park Avenue, 28th Floor, New York, NY 10154.

FOR FURTHER INFORMATION CONTACT: Laura L. Solomon, Senior Counsel, at
(202) 551-6915 or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

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

Applicants' Representations

    1. The Feeder Fund and the Master Fund are continuously offered
non-diversified closed-end management investment companies registered
under the Act and organized as Massachusetts business trusts. The
Feeder Fund operates as a feeder fund in a master-feeder structure and
intends to invest substantially all of its assets in the Master Fund.
The Master Fund invests in non-traditional or ``alternative''
strategies which may include investment funds commonly referred to as
``hedge funds.''
    2. The Adviser, a Delaware limited partnership and wholly owned
subsidiary of The Blackstone Group L.P., is registered as an investment
adviser under the Investment Advisers Act of 1940 and serves as
investment adviser to the Feeder Fund and the Master Fund. The
Distributor, a broker-dealer registered under the Securities Exchange
Act of 1934 (``1934 Act''), acts as the principal underwriter of the
Feeder Fund. The Distributor is under common control with the Adviser
and is an affiliated person, as defined in section 2(a)(3) of the Act,
of the Adviser.
    3. The Feeder Fund continuously offers its Shares \1\ to the public
under the Securities Act of 1933, as amended (the ``Securities Act'').
Shares of the Feeder Fund are not listed on any securities exchange and
do not trade on an over-the-counter system such as Nasdaq. Applicants
do not expect that any secondary market will develop for the Shares.
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    \1\ ``Shares'' includes any other equivalent designation of a
proportionate ownership interest of the Feeder Fund (or any other
registered closed-end management investment company relying on the
requested order).
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    4. The Feeder Fund currently offers a single class of Shares (the
``Initial Class'') at net asset value per share subject to a sales load
and annual asset-based service and distribution fee and proposes to
issue multiple classes of Shares. The Feeder Fund proposes to offer a
new Share class (the ``New Class'') at net asset value that may (but
would not necessarily) be subject to a front-end sales load and an
annual asset-based service and/or distribution fee. The Feeder Fund
intends to continue to offer Initial Class Shares, subject to a sales
load, a service and/or distribution fee, and minimum purchase
requirements.
    5. In order to provide a limited degree of liquidity to
shareholders, the Feeder Fund may from time to time offer to repurchase
Shares at their then current net asset value in accordance with rule
13e-4 under the 1934 Act pursuant to written tenders by
shareholders.\2\ Repurchases will be made at such times, in such
amounts and on such terms as may be determined by the Feeder Fund's
board of trustees (``Board''), in its sole discretion.\3\ The Adviser
expects to ordinarily recommend that the Board authorize the Feeder
Fund to offer to repurchase Shares from shareholders quarterly.
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    \2\ Likewise, the Master Fund's repurchase offers are conducted
pursuant to rule 13e-4 under the 1934 Act.
    \3\ Shares are subject to an early withdrawal fee at a rate of
2% of the aggregate net asset value of the shareholder's Shares
repurchased by the Feeder Fund (the ``Early Withdrawal Fee'') if the
interval between the date of purchase of the Shares and the
valuation date with respect to the repurchase of those Shares is
less than one year. The Early Withdrawal Fee will equally apply to
all shareholders of the Feeder Fund, regardless of class, consistent
with section 18 of the Act and rule 18f-3 under the Act. To the
extent the Feeder Fund determines to waive, impose scheduled
variations of, or eliminate the Early Withdrawal Fee, it will do so
consistently with the requirements of rule 22d-1 under the Act and
apply uniformly to all shareholders of the Feeder Fund.
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    6. Applicants request that the order also apply to any other
continuously offered registered closed-end management investment
company existing now or in the future for which the Adviser, the
Distributor, or any entity controlling, controlled by, or under common
control with the Adviser or the Distributor acts as investment adviser
or principal underwriter, and which provides periodic liquidity with
respect to its Shares through tender offers conducted in compliance
with rule 13e-4 under the 1934 Act.\4\
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    \4\ The Feeder Fund and any other investment company relying on
the requested relief will do so in a manner consistent with the
terms and conditions of the application. Applicants represent that
any person presently intending to rely on the requested relief is
listed as an applicant.
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    7. Applicants represent that any asset-based service and/or
distribution fees will comply with the provisions of rule 2830(d) of
the Conduct Rules of the National Association of Securities Dealers,
Inc. (``NASD Conduct Rule 2830'') as if that rule applied to the Feeder
Fund.\5\ Applicants also represent that the Feeder Fund will disclose
in its prospectus, the fees, expenses and other characteristics of each
class of Shares offered for sale by the prospectus as is required for
open-end multiple class funds under Form N-1A. As is required for open-
end funds, the Feeder Fund will disclose its expenses in shareholder
reports, and disclose any arrangements that result in breakpoints in or
elimination of sales loads in its prospectus.\6\ The Feeder Fund and
the Distributor will also comply with any requirements that may be
adopted by the Commission or FINRA regarding disclosure at the point of
sale and in transaction confirmations about the costs and conflicts of
interest arising out of the distribution of open-end investment company
shares, and regarding prospectus disclosure of sales loads and revenue
sharing arrangements as if those requirements applied to the Feeder
Fund and the Distributor.\7\
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    \5\ All references to NASD Conduct Rule 2830 include any
successor or replacement rule that may be adopted by the Financial
Industry Regulatory Authority (``FINRA'').
    \6\ See Shareholder Reports and Quarterly Portfolio Disclosure
of Registered Management Investment Companies, Investment Company
Act Release No. 26372 (Feb. 27, 2004) (adopting release) (requiring
open-end investment companies to disclose fund expenses in
shareholder reports); and Disclosure of Breakpoint Discounts by
Mutual Funds, Investment Company Act Release No. 26464 (June 7,
2004) (adopting release) (requiring open-end investment companies to
provide prospectus disclosure of certain sales load information).
    \7\ See, e.g., Confirmation Requirements and Point of Sale
Disclosure Requirements for Transactions and Certain Mutual Funds
and Other Securities, and Other Confirmation Requirement Amendments,
and Amendments to the Registration Form for Mutual Funds, Investment
Company Act Release No. 26341 (Jan. 29, 2004) (proposing release).
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    8. The Feeder Fund will allocate all expenses incurred by it among
the various classes of Shares based on the net assets of the Feeder
Fund

attributable to each class, except that the net asset value and
expenses of each class will reflect distribution fees, service fees,
and any other incremental expenses of that class. Expenses of a Feeder
Fund allocated to a particular class of Shares will be borne on a pro
rata basis by each outstanding Share of that class. Applicants state
that the Feeder Fund will comply with the provisions of rule 18f-3
under the Act as if it were an open-end investment company.
    9. In the event the Feeder Fund imposes a CDSC, the applicants will
comply with the provisions of rule 6c-10 under the Act, as if that rule
applied to closed-end management investment companies. With respect to
any waiver of, scheduled variation in, or elimination of the CDSC, the
Feeder Fund will comply with rule 22d-1 under the Act as if the Feeder
Fund were an open-end investment company.

Applicants' Legal Analysis

Multiple Classes of Shares

    1. Section 18(c) of the Act provides, in relevant part, that a
closed-end investment company may not issue or sell any senior security
if, immediately thereafter, the company has outstanding more than one
class of senior security. Applicants state that the creation of
multiple classes of Shares of the Feeder Fund may be prohibited by
section 18(c).
    2. Section 18(i) of the Act provides that each share of stock
issued by a registered management investment company will be a voting
stock and have equal voting rights with every other outstanding voting
stock. Applicants state that permitting multiple classes of Shares of
the Feeder Fund may violate section 18(i) of the Act because each class
would be entitled to exclusive voting rights with respect to matters
solely related to that class.
    3. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction or any class or classes of persons,
securities or transactions from any provision of the Act, or from any
rule under the Act, if and to the extent such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policy and
provisions of the Act. Applicants request an exemption under section
6(c) from sections 18(c) and 18(i) to permit the Feeder Fund to issue
multiple classes of Shares.\8\
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    \8\ The Master Fund will not issue multiple classes of its
shares and is an applicant because of the master-feeder structure.
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    4. Applicants submit that the proposed allocation of expenses and
voting rights among multiple classes is equitable and will not
discriminate against any group or class of shareholders. Applicants
submit that the proposed arrangements would permit the Feeder Fund to
facilitate the distribution of its Shares and provide investors with a
broader choice of shareholder options. Applicants assert that the
proposed closed-end investment company multiple class structure does
not raise the concerns underlying section 18 of the Act to any greater
degree than open-end investment companies' multiple class structures
that are permitted by rule 18f-3 under the Act. Applicants state that
the Feeder Fund will comply with the provisions of rule 18f-3 as if it
were an open-end investment company.

CDSCs

    1. Applicants believe that the requested relief meets the standards
of section 6(c) of the Act. Rule 6c-10 under the Act permits open-end
investment companies to impose CDSCs, subject to certain conditions.
Applicants state that any CDSC imposed by the Feeder Fund will comply
with rule 6c-10 under the Act as if the rule were applicable to closed-
end investment companies. The Feeder Fund also will disclose CDSCs in
accordance with the requirements of Form N-1A concerning CDSCs as if
the Feeder Fund were an open-end investment company. Applicants further
state that the Feeder Fund will apply the CDSC (and any waivers or
scheduled variations of the CDSC) uniformly to all shareholders in a
given class and consistently with the requirements of rule 22d-1 under
the Act.

Asset-Based Service and/or Distribution Fees

    1. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
an affiliated person of a registered investment company or an
affiliated person of such person, acting as principal, from
participating in or effecting any transaction in connection with any
joint enterprise or joint arrangement in which the investment company
participates unless the Commission issues an order permitting the
transaction. In reviewing applications submitted under section 17(d)
and rule 17d-1, the Commission considers whether the participation of
the investment company in a joint enterprise or joint arrangement is
consistent with the provisions, policies and purposes of the Act, and
the extent to which the participation is on a basis different from or
less advantageous than that of other participants.
    2. Rule 17d-3 under the Act provides an exemption from section
17(d) and rule 17d-1 to permit open-end investment companies to enter
into distribution arrangements pursuant to rule 12b-1 under the Act.
Applicants request an order under section 17(d) and rule 17d-1 under
the Act to permit the Feeder Fund to impose asset-based service and/or
distribution fees. Applicants have agreed to comply with rules 12b-1
and 17d-3 as if those rules applied to closed-end investment companies.

Applicants' Condition

    The Feeder Fund agrees that any order granting the requested relief
will be subject to the following condition:
    Applicants will comply with the provisions of rules 6c-10, 12b-1,
17d-3, 18f-3 and 22d-1 under the Act, as amended from time to time, or
replaced as if those rules applied to closed-end management investment
companies, and will comply with the NASD Conduct Rule 2830, as amended
from time to time, as if that rule applied to all closed-end management
investment companies.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-28951 Filed 11-29-12; 8:45 am]
BILLING CODE 8011-01-P


Whitmyre Research

2111 Wilson Blvd., Suite 600

Arlington, Virginia 22201

(703) 351-5072

(703) 243-4399 (FAX)

April 4, 2008

Margaret Sheppard

Stratospheric Protection Division

SNAP Program

U.S. Environmental Protection Agency (6205J)

1310 L Street, NW

Washington, DC  20005

RE:  Response to USEPA Comments on Outline for White Goods Fault Tree
Analysis

Dear Ms. Sheppard:

My thanks to you and your colleagues for taking the time to review the
outline for the fault tree analysis report relating to use of HCR-188C
in white goods.  Your comments are a good starting point for reaching an
understanding of the key issues to discuss in our report.  To continue
the discussion, my responses to your comments are as follows:

(1)	 Sections VI.C and VII.A to Include Recovery During Disposal.

We agree in principal with this comment and will provide some additional
limited text.

Recovery of HCR-188C from appliances at end of product life will be
conducted at organized locations by trained technicians.  Recovery
operations during disposal would consist of removal of HCR-188C from
appliances using a vampire valve connected to a line, and a recovery
pump to capture the HCR-188C until the system is empty.  During
recovery, HCR-188C would be pumped into a tank.  Once full, the tank
would be picked up by a recycling company, which would filter the
material and re-bottle it for sale as gas for barbecue grilles.

Richard Maruya and I thought it would be helpful to establish boundaries
for the disposal scenario for the Fault Tree Analysis.  We propose that
the disposal scenario end once the recovered HCR-188C is picked up by
the recycler.  Therefore, occupational exposures in the re-bottling
process, transportation risks for the recovered and re-bottled material,
and residential risk for handling of flammable barbecue grille gas
products seem to us to be outside of the scope of the Fault Tree
Analysis.  Similarly, we suggest that disposal and recycling
considerations for the appliance body beyond the recovery of HCR-188C
from the spent products are outside of the purview of the Fault Tree
Analysis.  To include such considerations would really encompass a full
Life Cycle Analysis, which I don’t think the Agency is requesting at
this time.  Once again, for the purpose of the Fault Tree Analysis, we
think our area of responsibility for the Fault Tree Analysis should end
once the recovered HCR-188C leaves the service center or recycling
center.  Does the Agency agree with this?

Ms. Margaret Sheppard

Response to USEPA Comments on Outline for White Goods Fault Tree
Analysis

April 4, 2008

Page 2

(2)	Addition of Scenario for Untrained Service Technician.   You have
suggested that we consider adding a scenario for an untrained technician
(which would affect Sections VI.C, VI.D, VII.A and VII.B).  Richard
Maruya and I have discussed this, and we find that this is a very
unlikely scenario, for the following reasons:

HCR-188C will be listed for use in new refrigerator/freezers, window air
conditioners, and stand-alone freezers, not in existing appliances.

Any new appliances that are “dead-on-arrival” (DOA) at customer
locations would most likely be returned to the store, which would then
ship the failed appliance to a service center or appliance
recycling/disposal center.  It is unlikely that a major chain (e.g.,
Best Buy) would attempt a DOA repair at a homeowner’s home with
untrained technicians.

The frequency of release of HCR-188C during appliance repair is greatly
reduced by consideration of cost.  For low cost appliances such as
window air conditioners, the cost of most repairs done in the US using
trained technicians could approach the original or depreciated monetary
value of the appliance.   This would result in a preference for
replacement of the appliance and disposal of the defective unit, rather
than repair.

The HCR-188C guidelines for use, which have been developed at the
Agency’s request, direct that only trained certified technicians
handle it.

It is unlikely that a service center or appliance recycling center in
the US would allow an untrained technician to work with, or handle, any
product that is flammable without proper training. The potential for
legal liability would prevent a service center from employing untrained
technicians to perform this critical work.  Nor would untrained
technicians be permitted to work with flammable gases because this would
violate both OSHA rules and general industry standards.

Importantly, it is unclear whether we could even obtain the required
data to undertake a Fault Tree Analysis for the untrained technician
scenario.

As with any other product, when warning labels and safety guidelines are
provided to the user, it is up to the individual end user to follow
proper procedures.  Safe handling is more likely to happen if the
individual using the product has received proper training.  This is why
we are specifying that HCR-188C be used only by trained technicians.
Accordingly, we are respectfully requesting that the Agency withdraw
their request to add an untrained technician scenario to the fault tree
analysis (FTA) for white goods.

Ms. Margaret Sheppard

Response to USEPA Comments on Outline for White Goods Fault Tree
Analysis

April 4, 2008

Page 3

	(3) 	Add Other Cases for Window AC.  We described 3 different cases as
examples to be analyzed in the fault tree analysis for window air
conditioning units.  You have asked that we add an additional case
wherein the fan is running but the AC mode is off.  We will include this
case in the analysis if we have the necessary supporting data.  Your
conclusion regarding the function of the “vent” we mention for
bringing in outside air is correct.

	(4)	Parameter Values in Section VII.D (Consumer Use of Window AC Unit).
 If we find updated parameter values that are more current that those in
the 1991 AD Little report, we agree to provide references for the
sources of the values used in our analysis.

(5)	Comment on Safety Valve Not Needed.  Unfortunately, my annotation in
the outline in Section IX regarding a lack of need for any kind of
safety valve was inadvertently included.  This statement in Section IX,
which was more really a note to myself rather than a major point, was
accidentally carried over from a draft into the version you reviewed.
This caused some confusion among reviewers of the outline. The point
that was being made was that such a small amount of HCR-188C is required
in these appliances (HCR-188C is a “medium-pressure” refrigerant)
that a pressure relief valve is not necessary because there is virtually
no risk of over-pressurization.  I suggest that we delete this point
from the outline, given that it has already caused confusion, and not
raise this issue in the report, because it is not relevant.  Does the
Agency agree?  My apologies for any confusion.

	(6)	Correction of Terminology.  Thank you for pointing out our
incorrect use of the term “registered use”.  We will make the
correction to “listed use” as you suggest, wherever this would have
occurred in our report.

I will be providing a signed hardcopy of this letter to you for your
files via overnight Federal Express delivery.  Feel free to contact me
at<PHONE_NUMBER> or by email at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>if you have any questions, or if you would like to
further discuss the proposed outline.

Best regards,

Gary Whitmyre, D.A.B.T.

CC:	Richard Maruya (A.S. Trust)


[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Notices]
[Page 28268]
[DOCID:fr15jn09-83]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1840-DR; Docket ID FEMA-2008-0018]

Florida; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Florida (FEMA-1840-DR), dated May 27, 2009,
and related determinations.

DATES: Effective Date: May 27, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 27, 2009, 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. 5121-5207 (the Stafford Act), as
follows:

I have determined that the damage in certain areas of the State of
Florida resulting from severe storms, flooding, tornadoes, and
straight-line winds beginning on May 17, 2009, 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. 5121-5207 (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Florida.
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 in the
designated areas and any other forms of assistance under the
Stafford Act that you deem appropriate. Consistent with the
requirement that Federal assistance is supplemental, any Federal
funds provided under the Stafford Act for Other Needs Assistance
will be limited to 75 percent of the total eligible costs. If Public
Assistance and Hazard Mitigation are later requested and warranted,
Federal funds provided under those programs will also be limited to
75 percent of the total eligible costs.
Further, you are authorized to make changes to this declaration 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, Jeffery L. Bryant, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Florida have been designated as
adversely affected by this major disaster:

Volusia County for Individual Assistance.

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. E9-14040 Filed 6-12-09; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register: November 22, 2005 (Volume 70, Number 224)]
[Notices]
[Page 70648-70650]
[DOCID:fr22no05-115]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52774; File No. SR-NSX-2005-07]

Self-Regulatory Organizations; National Stock Exchange; Order
Approving Proposed Rule Change, and Amendment Nos. 1, 2, and 3,
Thereto, Relating to the Creation of a Regulatory Oversight Committee

November 15, 2005.

I. Introduction

    On August 1, 2005, the National Stock Exchange SM
(``NSX'' SM or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to create a Regulatory Oversight
Committee (``ROC''). Notice of the proposed rule change, as amended,
was published for comment in the Federal Register on October 14,
2005.\3\ No comments were received regarding the proposal. This order
approves the proposed rule change, as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 52573 (October 7,
2005), 70 FR 60113 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    NSX proposes to amend the text of Article VI, Section 1.1 of the
Exchange's By-Laws to allow it to create, and specifically identify, a
ROC that would be subject to the control and supervision of NSX's Board
of Directors (``NSX Board''). The NSX also proposes to establish a
Regulatory Oversight Committee Charter (``ROC Charter'') that would set
forth the functions, scope of responsibilities and composition of the
ROC.
    NSX filed the proposed rule change in accordance with undertakings
made by it and as set forth in Section III.F.1. of the Order
Instituting Administrative and Cease-And-Desist Proceedings Pursuant to
Sections 19(b) and 21C of the Securities Exchange Act of 1934, Making
Findings, and Imposing Sanctions entered May 19, 2005.\4\ In its
filing, NSX represented that the ROC Charter would include provisions
that mirror the terms of its undertaking to the Commission and
certification procedures that are consistent with the certification
procedures contained in the Order.\5\
---------------------------------------------------------------------------

    \4\ See In the Matter of National Stock Exchange and David
Colker, Securities Exchange Act Release No. 51715 (May 19, 2005)
(``Administrative Order'') at Section III.F.1.
    \5\ See Notice.
---------------------------------------------------------------------------

    Pursuant to the ROC Charter, the ROC shall be responsible for
overseeing all of NSX's regulatory functions and responsibilities and
to advise regularly NSX's Board about NSX's regulatory matters.\6\
Specifically, the ROC shall: \7\ (i) Oversee NSX's regulatory functions
to enforce compliance with the federal securities laws and NSX rules,
including monitoring the design, implementation, and effectiveness of
NSX's regulatory programs; (ii) recommend to the NSX Board an adequate
operating budget for NSX's regulatory functions; (iii) approve the
promulgation, filing, or issuance of new rules, rule amendments, rule
interpretations, and regulatory circulars; (iv) take any other action
necessary to fulfill its oversight and advisory responsibilities; and
(v) adopt policies and procedures to ensure the independence of NSX's
Chief Regulatory Officer (the ``CRO''). The ROC shall also:
---------------------------------------------------------------------------

    \6\ Proposed ROC Charter.
    \7\ Proposed ROC Charter, Section A.
---------------------------------------------------------------------------

     Be authorized to retain, at NSX's expense, outside counsel
and consultants as it deems appropriate to carry out its
responsibilities; \8\
---------------------------------------------------------------------------

    \8\ Proposed ROC Charter, Section B.
---------------------------------------------------------------------------

     On at least an annual basis, report to the NSX Board on
the state of the Exchange's regulatory program; and \9\
---------------------------------------------------------------------------

    \9\ Proposed ROC Charter, Section C.
---------------------------------------------------------------------------

     Create and maintain complete minutes of all of its
meetings, and create and maintain records reflecting the ROC's
recommendations or proposals made to NSX Board, and NSX Board's
decision as to each such recommendation proposal.\10\
---------------------------------------------------------------------------

    \10\ Proposed ROC Charter, Section D.
---------------------------------------------------------------------------

    In the event that the ROC's recommended operating budget for NSX's
regulatory functions either: (1) Is less than the previous year's
budget by a material amount, (2) is rejected by the NSX Board, (3) is
reduced by the NSX Board by a material amount, or (4) is altered by the
NSX Board in a manner that, in the judgment of the ROC, materially
impairs the ability of NSX to meet its regulatory obligations, then NSX
shall, within fifteen (15) business

days of such NSX Board action, notify the Director of the Commission's
Division of Market Regulation in writing, providing copies of all
minutes and other records reflecting the ROC's budget proposal and the
NSX Board's decision regarding such proposal.\11\
---------------------------------------------------------------------------

    \11\ Proposed ROC Charter, Section E.
---------------------------------------------------------------------------

    The CRO shall certify compliance with the required items of the
Administrative Order to the ROC on a form and frequency basis set by
the ROC, and shall have the authority to require such additional
compliance certification from the staff as he deems appropriate and in
such forms as he may prescribe.\12\
---------------------------------------------------------------------------

    \12\ Proposed ROC Charter, Section A.
---------------------------------------------------------------------------

    In accordance with the functions and responsibilities set forth
above, the ROC shall perform certain oversight functions with respect
to the CRO and other regulatory personnel. Specifically, NSX
represented in its filing that the ROC shall: \13\
---------------------------------------------------------------------------

    \13\ See Notice.
---------------------------------------------------------------------------

     Review with the Exchange's CRO and other appropriate
regulatory personnel various aspects of the design, implementation, and
effectiveness of NSX's regulatory programs;
     Review, revise, or approve the CRO's recommendation for a
regulatory budget to formulate the ROC's recommendation of an adequate
operating budget and staffing level for NSX's regulatory function to
the Board;
     Review, evaluate, and, if appropriate, recommend to the
Board the implementation of any and all actions recommended by the CRO
and the Regulatory Services Division (``NSX Regulatory Division'') to
fulfill the NSX Regulatory Division's and the ROC's oversight and
advisory responsibilities;
     Assess the performance of the CRO and review the CRO's
assessment of the NSX Regulatory Division's staff in fulfilling their
responsibilities and recommend compensation and personnel actions to
the NSX Board; and
     Review, amend, approve or reject the CRO's recommendations
respecting the promulgation, filing, or issuance of new rules, rule
amendments, rule interpretations, and regulatory circulars, including
the approval (or ratification) of all regulatory circulars issued by
the NSX within thirty five days of the issuance of such regulatory
circulars.
    In addition, NSX represented that, on at least an annual basis, the
ROC will review the structural protections that separate NSX's
regulatory function from its commercial interests by reviewing the
supervisory responsibilities of its Chief Executive Officer (``CEO'')
and CRO. Further, the ROC will take all steps necessary to provide
reasonable assurance that NSX is and remains in compliance with the
Administrative Order and will take any other action necessary to
fulfill its oversight and advisory responsibilities.\14\
---------------------------------------------------------------------------

    \14\ Id.
---------------------------------------------------------------------------

    The ROC shall be comprised of no less than three members, who have
been appointed by NSX's Chairman with the approval of the NSX Board in
a composition consistent with federal securities laws and NSX's By-Laws
and Rules. At a minimum, the ROC members shall not be, nor have been
during the preceding three years, employees of NSX or any NSX member
firm. The ROC shall elect a Chairperson from among its members.\15\
---------------------------------------------------------------------------

    \15\ Proposed ROC Charter.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    The Commission has reviewed the proposed rule change, as amended,
and finds that it is consistent with the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\16\ Specifically, the Commission finds that the proposed rule
change, as amended, furthers the objectives of Section 6(b)(1) \17\ of
the Act, which requires the Exchange to be so organized and have the
capacity to be able to carry out the purposes of the Act and to comply,
and to enforce compliance by its members, with the Act and the rules of
the Exchange. In addition, the Commission finds that the proposed rule
change, as amended, is consistent with Section 6(b)(5) of the Act,\18\
which requires, among other things, that the rules of a national
securities exchange be designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \16\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \17\ 15 U.S.C. 78f(b)(1).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    An exchange's governance structure should be designed to assure
that its regulatory function is strong, vigorous, and sufficiently
independent and insulated from improper influence from management or
any regulated entity. In the Commission's view, the proposal is
designed to advance this goal. The proposed amendments provide for a
ROC which will be composed of members that shall not be, nor have been
during the preceding three years, employees of NSX or any NSX member
firm. The ROC will be responsible for oversight of all of NSX's
regulatory functions and responsibilities, including, among other
things, approving new NSX rules and adopting policies and procedures to
ensure the independence of the NSX's CRO. Also, the ROC will review, on
at least an annual basis, the structural protections that separate
NSX's regulatory function from its commercial interests by reviewing
the supervisory responsibilities of NSX's CEO and CRO.\19\ The
Commission believes that these proposed amendments to the NSX's
governance structure will add a degree of independence that should
serve to insulate NSX's regulatory activity from its economic
interests. As noted above, the Commission notes that NSX filed the
proposed rule change in accordance with its undertakings as set forth
in the Administrative Order, and represented that the proposed rule
change includes provisions that mirror the terms of the undertaking.
The Commission believes that in this context, the Exchange's proposal
is consistent with the statutory requirements under Section 6(b)(1) of
the Act.\20\ The Commission notes that it is in the process of
reviewing a range of governance issues relating to self-regulatory
organizations (``SROs''), including possible steps to strengthen the
framework for the governance of SROs and ways to improve the
transparency of the governance procedures for all SROs, and has
proposed rules in furtherance of this goal, including proposed rules
relating to an exchange's ROC.\21\ Depending on the results of the
proposed rules, NSX may be required to make further changes to
strengthen its governance structure and ensure that its ROC continues
to comply with federal securities laws.
---------------------------------------------------------------------------

    \19\ See supra note 14 and accompanying text.
    \20\ 15 U.S.C. 78f(b)(1).
    \21\ See Securities Exchange Act Release No. 50699 (November 18,
2004), 69 FR 71126 (December 8, 2004).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\22\ that the proposed rule change (File No. SR-NSX-2005-07) and
Amendment Nos. 1, 2, and 3, thereto be, and hereby are, approved.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2).

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

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. E5-6409 Filed 11-21-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78722-78723]
[FR Doc No: 2022-27793]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34775; File No. 812-15326]

Golub Capital BDC, Inc., et al.

December 16, 2022.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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

    Notice of application for an order (``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 amend a previous
order granted by the Commission that permits certain business
development companies (``BDCs'') and closed-end management investment
companies to co-invest in portfolio companies with each other and with
certain affiliated investment entities.

Applicants: Golub Capital BDC, Inc., Golub Capital BDC 3, Inc., Golub
Capital Direct Lending Corporation, Golub Capital BDC 4, Inc., Golub
Capital Direct Lending Unlevered Corporation, Golub Capital Private
Credit Fund, GBDC Holdings Coinvest, Inc., GBDC Holdings ED Coinvest,
Inc., GBDC Quick Quack Coinvest LLC, GCIC CLO II Depositor LLC, GCIC
CLO II LLC, GCIC Funding LLC, GCIC Holdings LLC, GCIC North Haven Stack
Buyer Coinvest Inc., GCIC Quick Quack Coinvest LLC, Golub Capital BDC
CLO 2014 LLC, Golub Capital BDC CLO III Depositor LLC, Golub Capital
BDC CLO III LLC, Golub Capital BDC Holdings LLC, GBDC 3 Funding II LLC,
GBDC 3 Funding LLC, GBDC 3 Holdings Coinvest, Inc., GBDC 3 Holdings ED
Coinvest, Inc., GBDC3 Quick Quack Coinvest LLC, GBDC3F Loan Subsidiary
A LLC, GCBH 3 North Haven Stack Buyer Coinvest Inc., Golub Capital 3
Holdings LLC, Golub Capital BDC 3 CLO 1 Depositor LLC, Golub Capital
BDC 3 CLO 1 LLC, Golub Capital BDC 3 ABS 2022-1 Depositor LLC, Golub
Capital BDC 3 ABS 2022-1 LLC, Golub Capital BDC 3 CLO 2 Depositor LLC,
Golub Capital BDC 3 CLO 2 LLC, GDLC Funding LLC, GDLC Holdings LLC,
GDLC Holdings Coinvest Inc., Golub Capital 4 Holdings LLC, Golub
Capital BDC 4 Funding LLC, Golub Capital 4 Holdings Coinvest, Inc.,
Golub Capital Direct Lending Unlevered Holdings LLC, Golub Capital
Direct Lending Unlevered Holdings Coinvest, Inc., GC Advisors LLC,
Golub Capital LLC, GC OPAL Advisors LLC, OPAL BSL LLC, GC Investment
Management LLC, Golub Capital Partners 9, L.P., Golub Capital Partners
10, L.P., Golub Capital Partners 12 Feeder Fund, L.P., Golub Capital
Partners 12, L.P., Golub Capital Partners 14, L.P., Golub Capital
Partners International 9, L.P., Golub Capital Partners International
10, L.P., Golub Capital Partners International 12, L.P., Golub Capital
Partners International 14, L.P., Golub Capital Partners International
Rollover Fund 2, L.P., Golub Capital Partners Private Credit Trust,
Golub Capital Partners Rollover Fund 2, L.P., Golub Capital Partners
TALF 2020-1, L.P., GPCT Holdings 1, L.P., Golub Capital PEARLS Direct
Lending Program, L.P., OPAL BSL LLC (EU Origination Series), OPAL BSL
LLC (Retention Series), Golub Capital International, Ltd., GEMS Fund,
L.P., GEMS Fund 4, L.P., GEMS Fund 5 International, L.P., GEMS Fund 5,
L.P., Golub Capital Partners ABS Funding 2019-1, L.P., Golub Capital
Partners ABS Funding 2020-1, L.P., Golub Capital Partners ABS Funding
2021-1, L.P., Golub Capital Partners ABS Funding 2021-2, Golub Capital
Partners ABS Funding 2022-1, Golub Capital Partners CLO 16(M)-R2, L.P.,
Golub Capital Partners CLO 17(M)-R, Ltd., Golub Capital Partners CLO
18(M)-R2, Golub Capital Partners CLO 19(B)-R2, Ltd., PEARLS IX, L.P.,
PEARLS X, L.P., Golub Capital Partners CLO 21(M)-R, Ltd., Golub Capital
Partners CLO 22(B)-R, Ltd., Golub Capital Partners CLO

23(B)-R, Ltd., Golub Capital Partners CLO 24(M)-R, Ltd., Golub Capital
Partners CLO 25(M)-R, Ltd., Golub Capital Partners CLO 26(B)-R, Ltd.,
Golub Capital Partners CLO 28(M)-R, L.P., Golub Capital Partners CLO
30(M)-R, Golub Capital Partners CLO 31(M)-R, Ltd., Golub Capital
Partners CLO 33(M)-R2, L.P., GCP Finance 2 L.P., GCPF 7 Loan Funding A
L.P., Golub Capital Partners CLO 34(M)-R, Ltd., GC International Ladder
Ltd., Golub Capital Partners CLO 35(B), Ltd., Golub Capital Partners
CLO 36(M), Ltd., Golub Capital Partners CLO 37(B), Ltd., Golub Capital
Partners CLO 38(M), Ltd., GCP International Tranches Ltd., GCP Master
Holdings, LP, GDLC Feeder Fund, L.P., GCP Finance 5 L.P., GCP Finance 6
L.P., GCP Finance 7 L.P., GCP Finance 8 L.P., GCP Finance 9 L.P., GCP
Finance L.P., Golub Capital Partners 11, L.P., Golub Capital Partners
International 11, L.P., Golub Capital Partners 11 Rollover Fund, L.P.,
GC Finance Operations Multicurrency Trust, Golub Capital Partners CLO
62(B), Ltd., Golub Capital Partners CLO 64(B), Ltd., GCP CLO Warehouse
BSL 2022, Ltd., Golub Capital Coinvestment L.P., Golub Capital Finance
Funding III Trust, Golub Capital Finance Funding IV Trust, Golub
Capital Finance Funding Trust, Golub Capital Partners CLO 39(B), Ltd.,
Golub Capital Partners CLO 40(B), Ltd., Golub Capital Partners CLO
41(B)-R, Ltd., Golub Capital Partners CLO 42(M), Ltd., Golub Capital
Partners CLO 43(B), Ltd., Golub Capital Partners CLO 44(M), Ltd., Golub
Capital Partners CLO 45(M), Ltd., Golub Capital Partners CLO 46(M),
L.P., Golub Capital Partners CLO 47(M), L.P., Golub Capital Partners
CLO 48(B), Ltd., Golub Capital Partners CLO 49(M)-R, Golub Capital
Partners CLO 50(B)-R, Ltd., Golub Capital Partners CLO 51(M), L.P.,
Golub Capital Partners CLO 52(B), Ltd., Golub Capital Partners CLO
53(B), Ltd., Golub Capital Partners CLO 54(M), L.P., Golub Capital
Partners CLO 55(B), Ltd., Golub Capital Partners CLO 56(M), Golub
Capital Partners CLO 57(M), Golub Capital Partners CLO 58(B), Ltd.,
Golub Capital Partners CLO 59(M), Golub Capital Partners CLO 61(M), GCP
HS Fund, GCPF 1 Loan Funding F, L.P., GCPF Loan Funding E, Golub
Capital Amber Partners Fund, L.P., Golub Capital Partners CLO 60(B),
Ltd., Golub Capital Strategic Partners Fund 1, L.P., Golub Capital
Strategic Partners Fund 2, L.P., Golub Capital Partners Short Duration
2022-1, Golub Emerald Fund, L.P., Golub Sapphire Fund, L.P., GEMS Fund
6, L.P., GEMS Fund 6 International, L.P., and GCPF Loan Funding F.

Filing Dates: The application was filed on April 22, 2022, and amended
on July 5, 2022 and December 8, 2022.

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 on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on January
9, 2023, 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 emailing the Commission's Secretary at
[email protected].

ADDRESSES: The Commission: [email protected]. Applicants:
Matthew Carter, Esq. at [email protected].

FOR FURTHER INFORMATION CONTACT: Bruce R. MacNeil, Senior Counsel, or
Terri Jordan, Branch Chief, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' second amended
and restated application, dated December 8, 2022, which may be obtained
via the Commission's website by searching for the file number at the
top of this document, or for an Applicant using the Company name search
field, on the SEC's EDGAR system. The SEC's EDGAR system may be
searched at http://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also call the SEC's Public Reference Room
at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-27793 Filed 12-21-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 23, 2010 (Volume 75, Number 184)]
[Notices]
[Page 57941-57942]
[DOCID:fr23se10-47]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0947; FRL-9204-8; EPA ICR No. 1857.05; OMB Control No.
2060-0445]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NOX Budget Trading
Program to Reduce the Regional Transport of Ozone (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before October 25,
2010.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2006-0947 to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by
mail to: EPA Docket Center, Environmental Protection Agency, Air and
Radiation Docket and Information Center, Mailcode 28221T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Karen VanSickle, Clean Air Markets
Division, Office of Air and Radiation,

Mailcode 6204J, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On March 25, 2010 (75 FR 14439), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2006-0947, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: NOX Budget Trading Program to Reduce the Regional
Transport of Ozone (Renewal).
    ICR numbers: EPA ICR No. 1857.05, OMB Control No. 2060-0445.
    ICR Status: This ICR is scheduled to expire on September 30, 2010.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The NOX Budget Trading Program is a market-
based cap and trade program created to reduce emissions of nitrogen
oxides (NOX) from power plants and other large combustion
sources in the eastern United States. NOX is a prime
ingredient in the formation of ground-level ozone (smog), a pervasive
air pollution problem in many areas of the eastern United States. The
NOX Budget Trading Program was designed to reduce
NOX emissions during the warm summer months, referred to as
the ozone season, when ground-level ozone concentrations are highest.
In 2009 the program was replaced by the Clean Air Interstate Rule Ozone
Season Trading Program (CAIROS). Although the trading program was
replaced after the 2008 compliance season, this information collection
is being renewed for two reasons. First, some industrial sources in
certain States are still required to monitor and report emissions data
to EPA under these rules, so we will account for their burden. Second,
the Agency may at some future time, reinstitute the NOX
Budget Trading Program. For example, this might happen if both the
Clean Air Interstate Rule (CAIR) and CAIR replacement rules were
vacated by the Court. All data received by EPA will be treated as
public information.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 136
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Electric utilities, industrial
sources, and other persons.
    Estimated Number of Respondents: 122.
    Frequency of Response: Yearly, quarterly, occasionally.
    Estimated Total Annual Hour Burden: 57,586.
    Estimated Total Annual Cost: $7,466,951, which includes $3,777,000
annualized capital and O&M costs.
    Changes in the Estimates: There is a decrease of 414,148 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. Previous iterations of this ICR included a larger
number of affected sources and burdens associated with program
implementation that are now covered under several different ICR's
including the Clean Air Interstate Rule (CAIR) (OMB Control Number
2060-0570) and the Air Emissions Reporting Rule (AERR) (OMB Control
Number 2060-0580).

    Dated: September 17, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-23865 Filed 9-22-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Proposed Rules]
[Pages 59313-59316]
[FR Doc No: 2013-23275]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0503]
RIN 1625-AA00

Safety Zones; Captain of the Port Boston Fireworks Display Zones,
Boston Harbor, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish six permanent safety
zones throughout Boston Inner Harbor to be enforced during fireworks
displays. These six permanent safety zones would expedite public
notification of a fireworks event and ensure the protection of the
maritime public and event participants from the hazards associated with
the fireworks display.

DATES: Comments and related material must be received by the Coast
Guard on or before November 12, 2013.
    Requests for public meetings must be received by the Coast Guard on
or before October 17, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0503 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 rule,
call or email Mr. Mark Cutter, Coast Guard Sector Boston Waterways
Management Division, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
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 (USCG-2013-0503), 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 (via 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 via www.regulations.gov, 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 [USCG-2013-0503] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a

Comment'' on the line associated with this 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 (USCG-2013-0503) 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.

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 now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please 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

    In previous years, the Coast Guard has established multiple
temporary safety zones throughout the inner harbor on a case-by-case
basis to ensure the protection of the maritime public and event
participants from hazards associated with firework displays. The Coast
Guard now proposes to create permanent safety zones in the inner harbor
that will be enforced intermittently as fireworks events arise. The
Coast Guard has taken no previous regulatory action to establish these
permanent safety zones and has received no public comments or concerns
regarding the impact to waterway traffic from the past case-by-case
safety zone establishment.

C. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231, 1233; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1 and
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to define regulatory safety zones.
    Fireworks displays are held multiple times throughout the course of
the year on the navigable waters within Boston Inner Harbor. In the
past, to ensure the protection of the maritime public and event
participants from the hazards associated with these marine events, the
Coast Guard has established a safety zone around each display in
response to a request from the fireworks display organizer.
Establishing individual safety zones in this case-by-case manner has
proved to be administratively cumbersome.
    To relieve administrative overhead and better apprise the public on
designated safety locations, this proposed rule will establish safety
zones that will remain in effect permanently but will be enforced only
upon request of a fireworks display organizer. These permanent safety
zones will be published in Title 33 of the Code of Federal Regulations.
    By establishing a permanent regulation containing these designated
safety zones, the Coast Guard will eliminate the need to establish a
temporary final rule for each fireworks display that occurs in Boston
Harbor. This will alleviate the unnecessary administrative costs and
burden associated with continually establishing temporary final rules
for each event year after year.

D. Discussion of Proposed Rule

    For the reason discussed above, the Coast Guard proposes to
establish six permanent safety zones in a new section 33 CFR 165.119.
Although these six proposed safety zones will be in effect permanently,
the proposed rule will only be enforced immediately before, during, and
after a fireworks display. The Coast Guard anticipates that these
safety zones will be enforced between the hours of 6 p.m. (e.s.t) and 1
a.m. (e.s.t), but the exact dates and times of enforcement will be
published in the Federal Register via a Notice of Enforcement. The
Coast Guard will also provide notice of enforcement through Local
Notice to Mariners (LNM) and Broadcast Notice to Mariners (BNTM) prior
to each event.
    These six proposed safety zones are the Charlestown Safety Zone,
the Long Wharf Safety Zone, the Fan Pier Safety Zone, the Pier 6 Safety
Zone, the North Jetty Safety Zone, and the Castle Island Safety Zone.
The exact coordinates and sizes of each safety zone are listed below.
The Coast Guard expects that during an enforcement period a safety zone
will have a barge within the zone with a ``FIRWORKS-STAY AWAY'' sign on
its port and starboard sides.
    No vessels, except for fireworks barge and accompanying vessels,
will be allowed to enter into, transit through, or anchor within a
safety zone during an enforcement period without the permission of the
COTP or the designated on-scene representative.

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 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, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    We expect the economic impact of this proposed rule to be minimal.
Although this regulation may have some impact on the public, that
potential impact will likely be minimal for several reasons. First,
although these proposed safety zones will be in effect permanently,
each will be enforced only during a fireworks display. Based on past
history, fireworks displays usually require enforcement for no more
than two hours during the evening. Second, it is likely that the Coast
Guard will enforce only one zone at a time. Third, vessels may enter or
pass through a safety zone during an enforcement period with the
permission of the Captain of the Port (COTP) or the COTP's designated
on-scene representative. Finally, the Coast Guard will provide advance
notification to the public anytime it intends to enforce one of these
safety zones. Notification will be made through a Notice of

Enforcement published in the Federal Register and also through the
local Notice to Mariners, Broadcast Notice to Mariners well in advance
of the event.

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 will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: owners or operators of vessels intending
to transit, fish, or anchor in the areas where the listed annual
recurring events are being held. The proposed rule would not have a
significant impact on a substantial number of small entities for all of
the same reasons discussed in the Regulatory Planning and Review
section.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 under FOR FURTHER INFORMATION CONTACT.
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 call for no 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
have determined that it 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 may be one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment.
    A preliminary environmental analysis checklist supporting this
determination will be available in the docket where indicated under
ADDRESSES. This proposed rule involves the establishment of designated
safety zones. This rule may be categorically excluded, under figure 2-
1, paragraph (34)(g) of the Instruction.
    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, and 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; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.119 to read as follows:

Sec.  165.119  Safety Zones; Coast Guard Captain of the Port Boston
Fireworks Displays.

    (a) Boston Inner Harbor. The following areas are safety zones:
    (1) Charlestown Safety Zone: All waters of Boston inner Harbor
within a 700-foot radius of the fireworks barge in approximate position
42[deg]22'12.7'' N 071[deg]02'53'' W (NAD 1983), located off of Pier 5
Charlestown Navy Yard.
    (2) Long Wharf Safety Zone: All waters of Boston inner Harbor
within a 700-foot radius of the fireworks barge in approximate position
42[deg]21'41.2'' N 071[deg]02'36.5'' W (NAD 1983), located off of Long
Wharf, Boston MA.
    (3) Fan Pier Safety Zone: All waters of Boston inner Harbor within
a 700-foot radius of the fireworks barge in approximate position
42[deg]21'23.2'' N 071[deg]02'26'' W (NAD 1983), located off of the Fan
Pier, South Boston, MA.
    (4) Pier 6 Safety Zone: All waters of Boston inner Harbor within a
700-foot radius of the fireworks barge in approximate position
42[deg]21'11.9'' N 071[deg]02'1.3'' W (NAD 1983), located off of Pier
6, South Boston, MA.
    (5) North Jetty Safety Zone: All waters of Boston inner Harbor
within a 700-foot radius of the fireworks barge in approximate position
42[deg]21'01'' N 071[deg]01'31.7'' W (NAD 1983), located off of the
North Jetty, South Boston, MA.
    (6) Castle Island Safety Zone: All waters of Boston inner Harbor
within a 700-foot radius of the fireworks barge in approximate position
42[deg]20'27.4'' N 071[deg]00'28.1'' W (NAD 1983), located off of the
Castle Island, South Boston, MA.
    (b) Notification. Coast Guard Sector Boston will cause notice of
the enforcement of these safety zones to be made by all appropriate
means to affect the widest publicity among the affected segments of the
public, including Notice of Enforcement published in the Federal
Register and through the local Notice to Mariners, Broadcast Notice to
Mariners in advance of the event. Fireworks barges used in these
locations will also have a sign on their port and starboard side
labeled ``FIREWORKS--STAY AWAY''. This sign will consist of 10'' high
by 1.5'' wide red lettering on a white background.
    (c) Enforcement period. The Coast Guard anticipates that these
safety zones will be enforced between the hours 6 p.m. (e.s.t.) and 1
a.m. (e.s.t.). The exact dates and times will be published as described
in paragraph (b) of this section.
    (d) Definitions. For purposes of this section ``Designated on-scene
representative'' is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the Captain of the Port Boston
(COTP) to act on the COTP's behalf. The designated representative may
be on an Official Patrol Vessel; Official Patrol Vessel may consist of
any Coast Guard, Coast Guard Auxiliary, State, or local law enforcement
vessels assigned or approved by the COTP or the designated on-scene
representative may be on shore and will communicate with vessels via
VHF-FM radio or loudhailer. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
    (e) Regulations. No vessels, except for fireworks barge and
accompanying vessels, will be allowed to enter into, transit through,
or anchor within the safety zone during an enforcement period without
the permission of the COTP or the designated on-scene representative.
    (f) Compliance. All persons and vessels shall comply with the
instructions of the COTP or the designated on-scene representative.
Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light, or other means, the operator of a vessel shall proceed
as directed.
    (g) Contact information. Vessel operators desiring to enter or
operate within a safety zone during a period of enforcement shall
contact the COTP or the designated on-scene representative via VHF
channel 16 or<PHONE_NUMBER> (Sector Boston command Center) to obtain
permission.

    Dated: September 11, 2013.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2013-23275 Filed 9-25-13; 8:45 am]
BILLING CODE 9110-04-P