[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30760-30761]
[FR Doc No: 2018-13992]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2018-0013; OMB No. 1660-0008]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Elevation Certificate/Floodproofing
Certificate

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before July 30, 2018.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
[email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address [email protected] or
Joycelyn Collins, Program Analyst, Flood Insurance Directorate, at
(202) 212-4716 or via email at [email protected].

SUPPLEMENTARY INFORMATION: This proposed information collection
previously published in the Federal Register on March 9, 2018 at 83 FR
10510 with a 60 day public comment period. FEMA received one comment
that was supportive of the information collection. The purpose of this
notice is to notify the public that FEMA will submit the information
collection abstracted below to the Office of Management and Budget for
review and clearance.

Collection of Information

    Title: Elevation Certificate/Floodproofing Certificate.
    Type of Information Collection: Extension, without change, of a
currently approved collection.
    OMB Number: 1660-0008.
    Form Titles and Numbers: FEMA Form 086-0-33, Elevation Certificate
and FEMA Form 086-0-34, Floodproofing Certificate for Non-Residential
Structures.
    Abstract: The Elevation Certificate and Floodproofing Certificate
are used in conjunction with the Flood Insurance Application to rate
Post-Flood Insurance Rate Map (FIRM) buildings in Special Flood Hazard
Areas. These forms are used for buildings constructed on or after the
effective date of the initial FIRM for the community or after December
1, 1974, whichever is later.
    Affected Public: Individuals or households, Business or other for-
profit, Not-for-profit institutions; Farms; State, Local or Tribal
Government.
    Estimated Number of Respondents: 12,359.
    Estimated Number of Responses: 12,359.
    Estimated Total Annual Burden Hours: 46,345.75.
    Estimated Total Annual Respondent Cost: $2,065,214.10.
    Estimated Respondents' Operation and Maintenance Costs:
$4,325,650.00.
    Estimated Respondents' Capital and Start-Up Costs: 0.
    Estimated Total Annual Cost to the Federal Government: $68,061.00.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology,

e.g., permitting electronic submission of responses.

Rachel Frier,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2018-13992 Filed 6-28-18; 8:45 am]
 BILLING CODE 9111-47-P


[Federal Register: March 16, 2010 (Volume 75, Number 50)]
[Rules and Regulations]
[Page 12439-12441]
[DOCID:fr16mr10-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0948; Directorate Identifier 2009-NE-30-AD;
Amendment 39-16236; AD 2010-06-12]
RIN 2120-AA64

Airworthiness Directives; Thielert Aircraft Engines GmbH (TAE)
Models TAE 125-02-99 and TAE 125-01 Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of

another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    As a consequence of occurrences and service experience, Thielert
Aircraft Engines GmbH has introduced a new rail pressure control
valve part number (P/N) 05-7320-E000702 and P/N 02-7320-04100R3 and
has amended the Airworthiness Limitation Section (ALS) of the
Operation & Maintenance Manual OM-02-02 to include a replacement of
the rail pressure control valve. Failure of this part could result
in in-flight shutdowns of the engine(s).

We are issuing this AD to prevent engine in-flight shutdown, possibly
resulting in reduced control of the aircraft.

DATES: This AD becomes effective April 20, 2010.

ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Tara Chaidez, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 19, 2009 (74
FR 53438). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    As a consequence of occurrences and service experience, Thielert
Aircraft Engines GmbH has introduced a new rail pressure control
valve P/N 05-7320-E000702 and 02-7320-04100R3 and has amended the
ALS of the Operation & Maintenance Manual OM-02-02 to include a
replacement of the rail pressure control valve. Failure of this part
could result in in-flight shutdowns of the engine(s).

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAIs or Service Information

    We have reviewed the MCAIs and related service information and, in
general, agree with their substance. But we have found it necessary to
reduce the initial compliance time for TAE 125-02-99 engines from
within 110 flight hours to within 100 flight hours, and for TAE 125-01
engines from within the next 3 months to within 100 flight hours. We
also have found it necessary to specify the repetitive replacement
compliance time for the rail pressure control valve of within every 600
flight hours. The MCAIs instruct the operators to follow Thielert
Maintenance Manual, Chapter 5, Airworthiness Limitations, for the
repetitive compliance time, which requires replacement of the rail
pressure control valve within every 600 flight hours. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect about 370 TAE 125-01 and TAE 125-02-99 reciprocating engines
installed on products of U.S. registry. We also estimate that it will
take about 1.5 work-hours per engine to comply with this AD. The
average labor rate is $80 per work-hour. Required parts will cost about
$500 per engine. Based on these figures, we estimate the cost of the AD
for initial replacement, on U.S. operators to be $229,400.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is provided in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2010-06-12 Thielert Aircraft Engines GmbH: Amendment 39-16236.
Docket No. FAA-2009-0948; Directorate Identifier 2009-NE-30-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April
20, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Thielert Aircraft Engines GmbH (TAE)
models TAE 125-01 and TAE 125-02-99 reciprocating engines installed
in, but not limited to, Cessna 172 and (Reims-built) F172 series
(EASA STC No. EASA.A.S.01527); Piper PA-28 series (EASA STC No.
EASA.A.S. 01632); APEX (Robin) DR 400 series (EASA STC No.
A.S.01380); and Diamond Aircraft Industries Models DA40 and DA42
airplanes.

Reason

    (d) As a consequence of occurrences and service experience,
Thielert Aircraft Engines GmbH has introduced a new rail pressure
control valve part number (P/N) 05-7320-E000702 and P/N 02-7320-
04100R3 and has amended the Airworthiness Limitation Section (ALS)
of the Operation & Maintenance Manual OM-02-02 to include a
replacement of the rail pressure control valve. Failure of this part
could result in in-flight shutdowns of the engine(s).
    This AD results from mandatory continuing airworthiness
information (MCAIs) issued by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. We are issuing this AD to prevent engine in-flight
shutdown, possibly resulting in reduced control of the aircraft.

Actions and Compliance

    (e) Unless already done, do the following actions.

TAE 125-02-99 Reciprocating Engines

    (1) For TAE 125-02-99 reciprocating engines, within 100 flight
hours after the effective date of this AD, replace the existing rail
pressure control valve with a rail pressure control valve P/N 05-
7320-E000702, and modify the Vrail plug to make it compatible with
the replacement rail pressure control valve.
    (2) Guidance on the valve replacement and rail modification
specified in paragraph (e)(1) of this AD can be found in Thielert
Repair Manual RM-02-02, Chapter 73-10.08, and Chapter 39-40.08,
respectively.

TAE 125-01 Reciprocating Engines

    (3) For TAE 125-01 reciprocating engines, within 100 flight
hours after the effective date of this AD, replace the existing rail
pressure control valve with a rail pressure control valve, P/N 02-
7320-04100R3.
    (4) Guidance on the valve replacement specified in paragraph
(e)(3) of this AD can be found in Thielert Repair Manual RM-02-01,
Chapter 29.0.

TAE 125-02-99 and TAE 125-01 Engines, Repetitive Replacements of Rail
Pressure Control Valves

    (5) Thereafter, for affected TAE 125-02-99 and TAE 125-01
engines, replace the rail pressure control valve with the same P/N
valve within every 600 flight hours.

FAA AD Differences

    (f) This AD differs from the Mandatory Continuing Airworthiness
Information (MCAI) and/or service information as follows:
    (1) For the TAE 125-02-99 reciprocating engines, we reduced the
initial compliance time from within 110 flight hours to within 100
flight hours after the effective date of this AD.
    (2) For the TAE 125-01 reciprocating engines, we changed initial
compliance time from within the next 3 months to within 100 flight
hours after the effective date of this AD.
    (3) The MCAIs instruct the operators to follow Thielert
Maintenance Manual, Chapter 5, Airworthiness Limitations, for the
repetitive replacement compliance time for the rail pressure control
valve, which, in the manual, is 600 flight hours. We found it
necessary to specify the repetitive replacement compliance time in
this AD, of within every 600 flight hours.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Engine Certification Office, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD
2008-0128, dated July 9, 2008, EASA AD 2008-0215, dated December 5,
2008, Thielert Service Bulletin No. TAE 125-1008 P1, Revision 1,
dated September 29, 2008, and Thielert Repair Manual RM-02-02, for
related information. Contact Thielert Aircraft Engines GmbH,
Platanenstrasse 14 D-09350, Lichtenstein, Germany, telephone: +49-
37204-696-0; fax: +49-37204-696-55; e-mail: info@centurion-
engines.com, for a copy of this service information.
    (i) Contact Tara Chaidez, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>,
for more information about this AD.

    Issued in Burlington, Massachusetts, on March 8, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2010-5548 Filed 3-15-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Notices]
[Pages 57179-57181]
[FR Doc No: 2015-24058]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0296; FRL-9933-58]

Product Cancellation Order and/or Amendments To Terminate Uses
for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations and/or
amendments to terminate uses, voluntarily requested by the registrants
and accepted by the Agency, of the products listed in Table 1 and 2 of
Unit II., pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). This cancellation order follows a July 8, 2015
Federal Register Notice of Receipt of Requests from the registrants
listed in Table 3 of Unit II to voluntarily cancel and/or amend these
product registrations. In the July 8, 2015 notice, EPA indicated that
it would issue an order implementing the cancellations and/or
amendments to terminate uses, unless the Agency received substantive
comments within the 30 day comment period that would merit its further
review of these requests, or unless the registrants withdrew their
requests. The Agency received comments on the notice but none merited
its further review of the requests. Further, the registrants did not
withdraw their requests. Accordingly, EPA hereby issues in this notice
a cancellation order granting the requested cancellations and/or
amendments to terminate uses. Any distribution, sale, or use of the
products subject to this cancellation order is permitted only in
accordance with the terms of this order, including any existing stocks
provisions.

DATES: The cancellations and/or amendments are effective September 22,
2015.

FOR FURTHER INFORMATION CONTACT: Khue Nguyen, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0296, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The 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 Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This notice announces the cancellation and/or amendments to
terminate uses, as requested by registrants, of products registered
under FIFRA section 3 (7 U.S.C. 136a). These registrations are listed
in sequence by registration number in Table 1 and Table 2 of this unit.

                     Table 1--Product Cancellations
------------------------------------------------------------------------
    EPA Registration No.          Product name          Chemical name
------------------------------------------------------------------------
100-1217...................  Gramoxone Inteon.....  Paraquat dichloride.
100-1316...................  Cyclone Star.........  Carfentrazone-ethyl,
                                                     paraquat
                                                     dichloride.
279-3183...................  Matador Herbicide....  Quizalofop-p-ethyl.
352-522 \a\................  DuPont Glean           Chlorsulfuron.
                              Fertilizer
                              Compatible Herbicide.
352-586 \a\................  DuPont Canvas          Metsulfuron,
                              Herbicide.             thifensulfuron-
                                                     methyl, tribenuron-
                                                     methyl.
2724-819...................  Pyrocide Pressurized   Propoxur,
                              Ant & Roach Spray.     pyrethrins,
                                                     piperonyl butoxide,
                                                     MGK 264.

9468-33....................  Kull 41 S............  Glyphosate.
9468-34....................  Kull 62 MUP..........  Glyphosate.
9468-35....................  Kull TGAI Glyphosate.  Glyphosate.
59639-109 \a\..............  Flufenpyr-ethyl        Flufenpyr-ethyl.
                              Technical.
59639-110 \a\..............  S-3153 WDG Herbicide.  Flufenpyr-ethyl.
70596-6....................  Dichlorprop-p          Dichlorprop-p.
                              Technical.
70596-13...................  Dichlorprop-p          Dichlorprop-p.
                              (Technical Grade).
NV020006...................  Moncut 70-DF.........  Flutolanil.
------------------------------------------------------------------------
\a\ There are no existing stocks of these product registrations and no
  requests for existing stocks provisions. Therefore no existing stocks
  provision is provided for these product registrations.

                     Table 2--Product Registration Amendments To Terminate One or More Uses
----------------------------------------------------------------------------------------------------------------
       EPA Registration No.               Product name            Chemical name            Uses terminated
----------------------------------------------------------------------------------------------------------------
2724-818..........................  Pyrocide Intermediate    Propoxur, MGK 264,      Indoor aerosol, spray, and
                                     7045.                    piperonyl butoxide,     liquid formulations; use
                                                              pyrethrins.             in food handling
                                                                                establishments and indoor
                                                                                crack and crevice use.
2724-820..........................  Propoxur Technical       Propoxur..............  Indoor aerosol, spray, and
                                     Insecticide.                                     liquid formulations; use
                                                                                in food handling
                                                                                establishments and indoor
                                                                                crack and crevice use.
2724-821..........................  Propoxur 70%             Propoxur..............  Indoor aerosol, spray, and
                                     Concentrate.                                     liquid formulations; use
                                                                                in food handling
                                                                                establishments and indoor
                                                                                crack and crevice use.
5905-250..........................  Fyfanon 8 lb. Emulsion.  Malathion.............  Cull fruits and vegetable
                                                                                dumps.
89867-2...........................  Airgas Sulfur Dioxide..  Sulfur dioxide........  Grapes.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 and 2 of this unit, in
sequence by EPA company number. This number corresponds to the first
part of the EPA registration numbers of the products listed in Table 1
and 2 of this unit.

        Table 3--Registrants of Cancelled and/or Amended Products
------------------------------------------------------------------------
         EPA Company No.                  Company name and address
------------------------------------------------------------------------
100..............................  Syngenta Crop Protection, LLC, P.O.
                                    Box 18300, Greensboro, NC 27419.
279..............................  FMC Corporation, 1735 Market Street,
                                    Philadelphia, PA 19103.
352..............................  E. I. DuPont de Nemours and Company,
                                    1007 Market St., Wilmington, DE
                                    19898.
2724.............................  Wellmark International, 1501 E.
                                    Woodfield Road, Suite 200, West
                                    Schaumburg, IL 60173.
5905.............................  Helena Chemical Company, 7664 Smythe
                                    Farm Road, Memphis, TN 38120.
9468.............................  Ritter Chemical, LLC, 9300 Baythorne
                                    Dr., Houston, TX 77041.
59639............................  Valent USA Corporation, 1600 Riviera
                                    Avenue, Suite 200, Walnut Creek, CA
                                    94596.
70596............................  Nufarm Americas, Inc., 4020 Aerial
                                    Center Parkway, Suite 101,
                                    Morrisville, NC 27560.
71711............................  Nichino America, Inc., 4550 New
                                    Linden Hill Road, Suite 501,
                                    Wilmington, DE 19808.
89867............................  Airgas USA, LLC, 7217 Lancaster Pike,
                                    Suite A, P.O. Box 640, Hockessin, DE
                                    19707.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received one comment
from a private citizen who is opposed to the proposed cancellation of
the indoor crack and crevice use of propoxur. The citizen disagrees
with the Agency's methodology for assessing the risks from propoxur
exposure via the incidental oral exposure pathway. The propoxur risk
assessment was conducted in accordance with current EPA science
policies for assessing indoor crack and crevice uses. That assessment
identified exposure and risk estimates that are of concern for this
exposure pathway for propoxur. As a result of these findings, Wellmark
International has requested to voluntarily cancel these uses. The
Agency does not believe that the comment submitted during the comment
period merits further review or a denial of the request for the
amendment to terminate uses.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby
approves the requested cancellations and/or amendments to terminate
uses of the registrations identified in Table 1 and 2 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Table 1 and 2 of Unit II are canceled and/or amended to
terminate the affected uses. The effective date of the cancellations
that are the subject of this notice is September 22, 2015. Any
distribution, sale, or use of existing stocks of the products
identified in Table 1 and 2 of Unit II in a manner inconsistent with
any of the provisions for disposition of existing stocks set forth in
Unit VI will be a violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA

further provides that, before acting on the request, EPA must publish a
notice of receipt of any such request in the Federal Register.
Thereafter, following the public comment period, the EPA Administrator
may approve such a request. The notice of receipt for this action was
published for comment in the Federal Register of July 8, 2015 (80 FR
39100) (FRL-9928-54). The comment period closed on August 7, 2015.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The existing stocks provisions for the products
subject to this order are as follows.

A. For Products 352-522, 352-586, and 59639-109 Identified in Table 1
of Unit II

    The registrants reported to the Agency via written correspondence
that there are no existing stocks of EPA registration numbers 352-522,
352-586, and 59639-109. Therefore, no existing stocks provision was
requested by or is needed for these registrants. The registrants will
be prohibited from selling or distributing these products upon
cancellation of these products, which will be September 22, 2015,
except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or
for proper disposal.
    Persons other than registrants will generally be allowed to sell,
distribute, or use existing stocks of the affected products until such
stocks are exhausted, provided that such sale, distribution, or use is
consistent with the terms of the previously approved labeling on, or
that accompanied, the canceled product.

B. For All Other Products Identified in Table 1 of Unit II

    For the other voluntary product cancellations noted in Table 1 of
Unit II, the registrants will be permitted to sell and distribute
existing stocks of voluntarily canceled products for 1 year after the
effective date of the cancellation, which will be September 22, 2016.
Thereafter, registrants will be prohibited from selling or distributing
the products identified in Table 1 of Unit II, except for export
consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of the affected canceled products until supplies are
exhausted, provided that such sale, distribution, or use is consistent
with the terms of the previously approved labeling on, or that
accompanied, the canceled products.

C. For All Products Identified in Table 2 of Unit II

    Once EPA has approved product labels reflecting the amendments to
terminate uses for the products identified in Table 2 of Unit II,
registrants will be permitted to sell or distribute products under the
previously approved labeling for a period of 18 months after the date
of Federal Register publication of this cancellation order, which will
be March 22, 2017 unless other restrictions have been imposed.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the terminated uses identified in
Table 2 of Unit II, except for export consistent with FIFRA section 17
or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of the products whose labels include the terminated
uses until supplies are exhausted, provided that such sale,
distribution, or use is consistent with the terms of the previously
approved labeling on, or that accompanied, the products with the
terminated uses.

    Authority:  7 U.S.C. 136 et seq.

    Dated: September 11, 2015.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2015-24058 Filed 9-21-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 26, 2006 (Volume 71, Number 80)]
[Notices]
[Page 24679-24681]
[DOCID:fr26ap06-72]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0338; FRL-8061-2]

Didecyl Dimethyl Ammonium Chloride Risk Assessments and
Preliminary Risk Reduction Options; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's risk
assessments, preliminary risk reduction options, and related documents
for the Group 1 Quat Cluster pesticide didecyl dimethyl ammonium
chloride, and opens a public comment period on these documents. The
public also is encouraged to suggest risk management ideas or proposals
to address the risks identified. EPA is developing a Reregistration
Eligibility Decision (RED), for didecyl dimethyl ammonium chloride
through a modified, 4-Phase public participation process that the
Agency uses to involve the public in developing pesticide
reregistration and tolerance reassessment decisions. Through these
programs, EPA is ensuring that all pesticides meet current health and
safety standards.

DATED: Comments must be received on or before June 26, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0338, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502C), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPP Regulatory Public Docket, Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA. Deliveries are only accepted during the Docket's normal
hours of operation (8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays). Special arrangements should be made for
deliveries of boxed information. The

Docket telephone number is<PHONE_NUMBER>.
     Important Note: OPP will be moving to a new location the
first week of May 2006. As a result, from Friday, April 28 to Friday,
May 5, 2006, the OPP Regulatory Public Docket will NOT be accepting any
deliveries at the Crystal Mall 2 address and this facility
will be closed to the public. Beginning on May 8, 2006, the OPP
Regulatory Public Docket will reopen at 8:30 a.m. and deliveries will
be accepted in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA 22202. The mail code for the mailing
address will change to (7502P), but will otherwise remain the same. The
OPP Regulatory Public Docket telephone number and hours of operation
will remain the same after the move.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0338. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line 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 regulations.gov or e-
mail. The Federal 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
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the 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 docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., 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 in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket at
the location identified under ``Delivery'' and ``Important Note.'' The
hours of operation for this docket facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Tracy Lantz, Antimicrobials Division,
(7510C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii.Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health and
environmental fate and effects risk assessments, preliminary risk
reduction options, and related documents for didecyl dimethyl ammonium
chloride, and encouraging the public to suggest risk management ideas
or proposals. This chemical is an antimicrobial pesticide used in
agricultural, food handling, commercial, institutional/industrial,
residential and public access, and medical settings. EPA developed the
risk assessments and preliminary risk reduction options for didecyl
dimethyl ammonium chloride through a modified version of its public
process for making pesticide reregistration eligibility and tolerance
reassessment decisions. Through these programs, EPA is ensuring that
pesticides meet current standards under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and
Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act
(FQPA) of 1996.
    Products containing this chemical are used as disinfectants, food
and non-food contact sanitizers, wood preservatives, bacteriocide/
bacteriostats, microbiocide/microbiostats, fungicide/fungistats,
algaecides and virucides. These products are used in agricultural, food
handling, commercial,

institutional/industrial, residential and public access, and medical
settings. Examples of registered uses in these settings include
application to indoor and outdoor hard surfaces (e.g., walls, floors,
tables, toilets, and other similar surfaces), eating utensils, laundry,
carpets, agricultural tools and vehicles, egg shells, shoes, milking
equipment and udders, humidifiers, medical instruments, human remains,
ultrasonic tanks, reverse osmosis units, and water storage tanks. These
products are also used in residential and commercial swimming pools,
aquatic areas such as decorative ponds and decorative fountains, and
industrial process and water systems such as re-circulating cooling
water systems, drilling muds and packer fluids, oil well injections and
wastewater systems. Additionally, these products are used for wood
preservation through non-pressure and pressure-treatment methods. There
are application methods of concern such as fogging in occupational
settings. The Agency's risk assessment identified residential,
ecological, and occupational risks of concern for some exposure
scenarios. Due to limited information for some exposure scenarios,
conservative assumptions were used in the risk assessment. The Agency
is interested in receiving any information that could assist in
refining the risk assessment.
    EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for didecyl dimethyl ammonium chloride. Such comments and
input could address, for example, the availability of additional data
to further refine the risk assessments, such as higher tier modeling
for once-through cooling towers, refinement of percent active
ingredient in solution for pressure treatment of lumber, detailed use
information (encompasses the information requested on secondary oil
field recovery and food processing plants), confirmatory studies to
support occupational scenarios, confirmatory data to establish the
reliability of using the 10% transfer rate in the dietary assessment,
wipe data to assess the children's dermal contact to treated decks and
play sets, non-target plant phytotoxicity testing, acute sheepshead
minnow testing, acute eastern oyster embryo larvae testing, chronic
Daphnis manga testing, or could address the Agency's risk assessment
methodologies and assumptions as applied to this specific pesticide.
Through this notice, EPA also is releasing for public comment its
preliminary risk reduction options for didecyl dimethyl ammonium
chloride, and is providing an opportunity for interested parties to
provide risk management proposals or otherwise comment on risk
management.
    EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to didecyl dimethyl ammonium
chloride, compared to the general population.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
the issues, and degree of public concern associated with each
pesticide. For didecyl dimethyl ammonium chloride, a modified, 4-Phase
process with one comment period and ample opportunity for public
consultation seems appropriate in view of its refined risk assessments
and/or other factors. However, if as a result of comments received
during this comment period EPA finds that additional issues warranting
further discussion are raised, the Agency may lengthen the process and
include a second comment period, as needed.
    All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments
will become part of the Agency Docket for didecyl dimethyl ammonium
chloride. Comments received after the close of the comment period will
be marked ``late.'' EPA is not required to consider these late
comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''
    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 19, 2006.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E6-6301 Filed 4-25-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Proposed Rules]
[Pages 22550-22551]
[FR Doc No: 2012-8951]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0073; FRL-9651-6]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Small Container Exemption From VOC Coating Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the Illinois State
Implementation plan (SIP) submitted by the Illinois Environmental
Protection Agency on November 14, 2011. This SIP revision consists of
amendments to the Illinois Administrative Code by adding

a ``small container exemption'' for pleasure craft surface coating
operations in the Chicago and Metro-East St. Louis 8-hour ozone
nonattainment areas. These exemptions are approvable because they are
consistent with EPA volatile organic compound reasonably available
control technology policy.

DATES: Comments must be received on or before May 16, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0073 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are
only accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: 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. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, 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.
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.
For additional information, see the direct final rule which is located
in the Rules section of this Federal Register.

    Dated: March 12, 2012.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 2012-8951 Filed 4-13-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Pages 49346-49350]
[FR Doc No: 2014-19706]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-31212; File No. 812-14132]

Fifth Street Finance Corp. et al.; Notice of Application

August 14, 2014.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  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.

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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: Fifth Street Finance Corp. (``Fifth Street''); Fifth Street
Senior Floating Rate Corp. (``Fifth Street Senior,'' and together with
Fifth Street, the ``Existing Regulated Funds''); Fifth Street Mezzanine
Partners IV, L.P. (``SBIC Subsidiary IV''); Fifth Street Mezzanine
Partners V, L.P.; (``SBIC Subsidiary V'' and together with SBIC
Subsidiary IV, the ``SBIC Subsidiaries''); FSMP IV GP, LLC (the ``SBIC
IV General Partner''); FSMP V GP, LLC (the ``SBIC V General Partner'',
and together with SBIC IV General Partner, the ``SBIC General
Partners''); FSFC Holdings, Inc.; Fifth Street Fund of Funds LLC; Fifth
Street Funding, LLC; Fifth Street Funding II, LLC (together with the
SBIC Subsidiaries, the ``Fifth Street Subsidiaries''); FS Senior
Funding LLC (the ``Fifth Street Senior Subsidiary'' and together with
the Fifth Street Subsidiaries, the ``Subsidiaries''); Fifth Street
Senior Loan Fund LP; Fifth Street Credit Opportunities Fund, L.P.;
Fifth Street Senior Loan Fund I Operating Entity, LLC; and Fifth Street
Senior Loan Fund I, LLC (together, the ``Existing Co-Investment
Affiliates''); FSCO GP LLC; FSLF GP LLC; and Fifth Street Management
LLC (the ``BDC Adviser'').

Filing Dates:  The application was filed on March 12, 2013 and amended
on July 15, 2013, November 26, 2013, April 15, 2014, and August 12,
2013.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on September 8, 2014, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
St. NE., Washington, DC 20549-1090. Applicants: Fifth Street Finance
Corp., 10 Bank Street, 12th Floor, White Plains, NY 10606.

FOR FURTHER INFORMATION CONTACT:  Laura J. Riegel, Senior Counsel, at
(202) 551-6873 or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Chief Counsel's Office, Division of Investment Management).

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

Applicants' Representations

    1. Fifth Street and Fifth Street Senior are Delaware corporations
organized as non-diversified, closed-end management companies that have
elected to be regulated as BDCs under

the Act.\1\ Fifth Street's investment objective is to maximize its
portfolio's total return by generating current income from its debt
investments and capital appreciation from its equity investments. Fifth
Street Senior's investment objective is to maximize portfolio total
return by generating current income from debt investments while seeking
to preserve capital. A majority of the board of directors (``Board'')
\2\ of Fifth Street and Fifth Street Senior, respectively, are persons
who are not ``interested persons,'' as defined in section 2(a)(19) of
the Act (the ``Independent Directors'') of the respective Regulated
Fund.
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    \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\ The term ``Board'' refers to the board of directors of any
Regulated Fund (as defined below).
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    2. The Subsidiaries are each a Wholly-Owned Investment Sub (as
defined below) of either Fifth Street or Fifth Street Senior. Each SBIC
Subsidiary was formed as a Delaware limited partnership and licensed by
the Small Business Administration (``SBA'') to operate under the Small
Business Investment Act of 1958 (``SBA Act''), as a small business
investment company. The SBIC Subsidiaries will not be registered under
the Act based on the exclusion from the definition of investment
company contained in section 3(c)(7) of the Act. SBIC IV General
Partner and SBIC V General Partner were formed as Delaware limited
liability companies and are general partners of SBIC Subsidiary IV and
SBIC Subsidiary V, respectively. The SBIC General Partners each own a
1% interest in their respective SBIC Subsidiary. Fifth Street, which
directly owns all of the ownership interests in the SBIC General
Partners, directly owns 99% of the ownership interests in each SBIC
Subsidiary.
    3. Fifth Street Senior Loan Fund LP, Fifth Street Credit
Opportunities Fund, L.P., Fifth Street Senior Loan Fund I Operating
Entity, LLC, and Fifth Street Senior Loan Fund I, LLC, the Existing Co-
Investment Affiliates, are each a Delaware limited partnership or
Delaware limited liability company that is excluded from the definition
of investment company under section 3(c)(7) of the Act. FSCO GP LLC and
FSLF GP LLC are the general partners of Fifth Street Credit
Opportunities Fund, L.P. and Fifth Street Senior Loan Fund LP,
respectively.
    4. The BDC Adviser is a Delaware limited liable company that is
registered as an investment adviser under the Investment Advisers Act
of 1940 (the ``Advisers Act''). The BDC Adviser serves as the
investment adviser to the Existing Regulated Funds and the Existing Co-
Investment Affiliates.
    5. Applicants seek an order (``Order'') to permit a Regulated Fund
\3\ (or a Wholly-Owned Investment Sub) (as defined below) 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. ``Co-
Investment Transaction'' means any transaction in which a Regulated
Fund (or a Wholly-Owned Investment Sub) participated 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.\5\
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    \3\ ``Regulated Funds'' means the Existing Regulated Funds and
any future closed-end investment companies (a) that are registered
under the Act or have elected to be regulated as BDCs, and (b) whose
investment adviser is the BDC Adviser or an investment adviser
controlling, controlled by, or under common control with the BDC
Adviser (each, an ``Adviser'').
    \4\ ``Co-Investment Affiliates'' means the Existing Co-
Investment Affiliates and any future entity (a) whose investment
adviser is an Adviser, (b) that would be an investment company but
for section 3(c)(1) or 3(c)(7) of the Act, and (c) that is not a
subsidiary of a Regulated Fund.
    \5\ 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.
---------------------------------------------------------------------------

    6. Applicants state that a Regulated Fund may, from time to time,
form one or more Wholly-Owned Investment Subs.\6\ 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.
---------------------------------------------------------------------------

    \6\ The term ``Wholly-Owned Investment Sub'' means an entity (i)
that is wholly-owned by a Regulated Fund (with the Regulated Fund at
all times holding, beneficially and of record, 100% of the voting
and economic interests); (ii) whose sole business purpose is to hold
one or more investments on behalf of the Regulated Fund (and, in the
case of the SBIC Subsidiaries, to maintain a license under the SBA
Act and issue debentures guaranteed by the SBA); (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.
---------------------------------------------------------------------------

    7. In selecting investments for the Regulated Funds, an 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 \7\ 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 Advisers would expect such Regulated Funds
and Co-Investment Affiliates to co-invest with each other, with certain
exceptions based on available capital or diversification.\8\
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    \7\ The term ``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.
    \8\ The Regulated Funds, however, will not be obligated to
invest, or co-invest, when investment opportunities are referred to
them.
---------------------------------------------------------------------------

    8. 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,\9\ as provided in conditions 7 and 8,
the applicable Adviser will present each Potential Co-Investment
Transaction and the proposed allocation to the directors 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''),\10\ of a Regulated
Fund will approve each Co-Investment Transaction prior to any
investment by the Regulated Fund.
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    \9\ ``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.
    \10\ In the case of a Regulated Fund that is a registered
closed-end fund, the Board members that make up the Required
Majority will be determined as if the Regulated Fund were a BDC
subject to section 57(o).
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    9. 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.
    10. 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.

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 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 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 applicable Adviser deems a Regulated Fund's
participation in any Potential Co-Investment Transaction to be
appropriate for the Regulated Fund, the Adviser will then determine an
appropriate level of investment for the Regulated Fund.
    (b) If the aggregate amount recommended by the applicable Adviser
to be invested by the applicable Regulated Fund in the Potential Co-
Investment Transaction, together with the amount proposed to be
invested by the other participating Regulated Funds and 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 Adviser will provide the Eligible Directors of
each participating Regulated Fund with information concerning each
participating party's available capital to assist the Eligible
Directors with their review of the Regulated Fund's investments for
compliance with these allocation procedures.
    (c) After making the determinations required in conditions 1 and
2(a), the applicable Adviser will distribute

written information concerning the Potential Co-Investment Transaction,
including the amount proposed to be invested by each 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 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 Adviser will present to the Board of each
Regulated Fund, on a quarterly basis, a record of all investments in
Potential Co-Investment Transactions made by any of the other Regulated
Funds 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,\11\ 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.
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    \11\ This exception applies only to Follow-On Investments by a
Regulated Fund in issuers in which that Regulated Fund already holds
investments.
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    6. A Regulated Fund will not participate in any Potential Co-
Investment Transaction unless the terms, conditions, price, class of
securities to be purchased, settlement date, and registration rights
will be the same for each participating Regulated Fund and 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 applicable
Advisers will:
    (i) Notify each Regulated Fund that participated in the Co-
Investment Transaction of the proposed Disposition at the earliest
practical time; and
    (ii) formulate a recommendation as to participation by each
Regulated Fund in the Disposition.
    (b) Each Regulated Fund will have the right to participate in such
Disposition on a proportionate basis, at the same price and on the same
terms and conditions as those applicable to 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 applicable 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 applicable Advisers will:
    (i) Notify each Regulated Fund that participated in the Co-
Investment Transaction of the proposed transaction at the earliest
practical time; and
    (ii) formulate a recommendation as to the proposed participation,
including the amount of the proposed Follow-On Investment, by each
Regulated Fund.
    (b) A Regulated Fund may participate in such Follow-On Investment
without obtaining prior approval of the Required Majority if: (i) The
proposed participation of each 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 applicable 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 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 applicable 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 (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).

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-19706 Filed 8-19-14; 8:45 am]
BILLING CODE 8011-01-P