[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Proposed Rules]
[Pages 24084-24088]
[FR Doc No: 2022-08594]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0141]
RIN 1625-AA08

Special Local Regulation; Back River, Baltimore County, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish temporary special
local

regulations for certain waters of Back River. This action is necessary
to provide for the safety of life on these navigable waters located in
Baltimore County, MD, during activities associated with an air show
event from July 15, 2022, through July 17, 2022. This proposed
rulemaking would prohibit persons and vessels from being in the
regulated area unless authorized by the Captain of the Port Maryland-
National Capital Region or the Coast Guard Event Patrol Commander. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before May 23, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0141 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Tiki Lee's Dock Bar of Sparrows Point, MD, and David Schultz
Airshows LLC of Clearfield, PA, notified the Coast Guard that they will
be conducting the 2022 Tiki Lee's Shootout on the River Airshow from 5
p.m. to 6 p.m. on July 15, 2022, from 2 p.m. to 3 p.m. on July 16,
2022, and from 2 p.m. to 3 p.m. on July 17, 2022. High speed, low-
flying civilian and military aircraft air show performers will operate
within a designated, marked aerobatics box located on Back River,
between Lynch Point to the south and Walnut Point to the north. The
event is being held adjacent to Tiki Lee's Dock Bar, 4309 Shore Road,
Sparrows Point, in Baltimore County, MD. Hazards from the air show
include risks of injury or death resulting from aircraft accidents,
dangerous projectiles, hazardous materials spills, falling debris, and
near or actual contact among participants and spectator vessels or
waterway users if normal vessel traffic were to interfere with the
event. Additionally, such hazards include participants operating near a
designated navigation channel, as well as operating adjacent to
waterside residential communities. The COTP Maryland-National Capital
Region has determined that potential hazards associated with the air
show would be a safety concern for anyone intending to participate in
this event and for vessels that operate within specified waters of Back
River.
    The purpose of this rulemaking is to protect event participants,
non-participants, and transiting vessels before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish
special local regulations from 4 p.m. on July 15, 2022 through 4 p.m.
on July 17, 2022. The regulations would be enforced from 4 p.m. to 7
p.m. on July 15, 2022, from 1 p.m. to 4 p.m. on July 16, 2022, and from
1 p.m. to 4 p.m. on July 17, 2022. The regulated area would cover all
navigable waters of Back River within an area bounded by a line
connecting the following points: from the shoreline at Lynch Point at
latitude 39[deg]14'46'' N, longitude 076[deg]26'23'' W, thence
northeast to Porter Point at latitude 39[deg]15'13'' N, longitude
076[deg]26'11'' W, thence north along the shoreline to Walnut Point at
latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to the point of
origin, located in Baltimore County, MD. The regulated area is
approximately 4,200 yards in length and 1,200 yards in width.
    This proposed rule provides additional information about areas
within the regulated area and their definitions. These areas include
``Aerobatics Box'' and ``Spectator Areas.''
    The proposed duration of the special local regulations and size of
the regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after activities associated with
the air show, scheduled from 5 p.m. to 6 p.m. on July 15, 2022, from 2
p.m. to 3 p.m. on July 16, 2022, and from 2 p.m. to 3 p.m. on July 17,
2022. The COTP and the Coast Guard Event PATCOM would have authority to
forbid and control the movement of all vessels and persons, including
event participants, in the regulated area. When hailed or signaled by
an official patrol, a vessel or person in the regulated area would be
required to immediately comply with the directions given by the COTP or
Event PATCOM. If a person or vessel fails to follow such directions,
the Coast Guard may expel them from the area, issue them a citation for
failure to comply, or both.
    Except for 2022 Tiki Lee's Shootout on the River Airshow
participants and vessels already at berth, a vessel or person would be
required to get permission from the COTP or Event PATCOM before
entering the regulated area. Vessel operators would be able to request
permission to enter and transit through the regulated area by
contacting the Event PATCOM on VHF-FM channel 16. Vessel traffic would
be able to safely transit the regulated area once the Event PATCOM
deems it safe to do so. A vessel within the regulated area must operate
at safe speed that minimizes wake. A person or vessel not registered
with the event sponsor as a participant or assigned as official patrols
would be considered a spectator. Official Patrols are any vessel
assigned or approved by the Commander, Coast Guard Sector Maryland-
National Capital Region with a commissioned, warrant, or petty officer
on board and displaying a Coast Guard ensign. Official Patrols
enforcing this regulated area can be contacted on VHF-FM channel 16 and
channel 22A.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels would be required to
operate at a safe speed that minimizes wake while within the regulated
area in a manner that would not endanger event participants or any
other craft. A spectator vessel must not loiter within the navigable
channel while within the regulated area. Official patrol vessels would
direct spectators to the designated spectator area. Only participant
vessels would be allowed to enter the aerobatics box. The Coast Guard
would publish a notice in the Fifth Coast Guard District Local Notice
to Mariners and issue a marine information broadcast on VHF-FM marine
band radio announcing specific event dates and times.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small designated
area of Back River for 9 total enforcement hours. This waterway
supports mainly recreational vessel traffic, which at its peak, occurs
during the summer season. Although this regulated area extends across
the entire width of the waterway, the rule would allow vessels and
persons to seek permission to enter the regulated area, and vessel
traffic would be able to transit the regulated area as instructed by
Event PATCOM. Such vessels must operate at safe speed that minimizes
wake and not loiter within the navigable channel while within the
regulated area. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the status of the
regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    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.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Publ. 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 call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. 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.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. 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.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 9 total enforcement
hours. Normally such actions are categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. For instructions on locating the docket,
see the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment

applies, and provide a reason for each suggestion or recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0141 in the
``SEARCH'' box and click ``SEARCH.'' Next, look for this document in
the Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041 ; 33 CFR 1.05-1.

0
2. Add Sec.  100.T05-0141 to read as follows:

Sec.  100.T05 -0141 2022  Tiki Lee's Shootout on the River Airshow,
Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: from the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin. The aerobatics box
and spectator areas are within the regulated area.
    (2) Aerobatics Box. The aerobatics box is a polygon in shape
measuring approximately 5,000 feet in length by 1,000 feet in width.
The area is bounded by a line commencing at position latitude
39[deg]16'01.2'' N, longitude 076[deg]27'05.7'' W, thence east to
latitude 39[deg]16'04.7'' N, longitude 076[deg]26'53.7'' W, thence
south to latitude 39[deg]15'16.9'' N, longitude 076[deg]26'35.2'' W,
thence west to latitude 39[deg]15'13.7'' N, longitude 076[deg]26'47.2''
W, thence north to and terminating at the point of origin.
    (3) Spectator Areas--(i) East Spectator Fleet Area. The area is a
polygon in shape measuring approximately 2,200 yards in length by 450
yards in width. The area is bounded by a line commencing at position
latitude 39[deg]15'20.16'' N, longitude 076[deg]26'17.99'' W, thence
west to latitude 39[deg]15'17.47'' N, longitude 076[deg]26'27.41'' W,
thence north to latitude 39[deg]16'18.48'' N, longitude
076[deg]26'48.42'' W, thence east to latitude 39[deg]16'25.60'' N,
longitude 076[deg]26'27.14'' W, thence south to latitude
39[deg]15'40.90'' N, longitude 076[deg]26'31.30'' W, thence south to
and terminating at the point of origin.
    (ii) Northwest Spectator Fleet Area. The area is a polygon in shape
measuring approximately 750 yards in length by 150 yards in width. The
area is bounded by a line commencing at position latitude
39[deg]16'01.64'' N, longitude 076[deg]27'11.62'' W, thence south to
latitude 39[deg]15'47.80'' N, longitude 076[deg]27'06.50'' W, thence
southwest to latitude 39[deg]15'40.11'' N, longitude 076[deg]27'08.71''
W, thence northeast to latitude 39[deg]15'45.63'' N, longitude
076[deg]27'03.08'' W, thence northeast to latitude 39[deg]16'01.19'' N,
longitude 076[deg]27'05.65'' W, thence west to and terminating at the
point of origin.
    (iii) Southwest Spectator Fleet Area. The area is a polygon in
shape measuring approximately 400 yards in length by 175 yards in
width. The area is bounded by a line commencing at position latitude
39[deg]15'30.81'' N, longitude 076[deg]27'05.58'' W, thence south to
latitude 39[deg]15'21.06'' N, longitude 076[deg]26'56.14'' W, thence
east to latitude 39[deg]15'21.50'' N, longitude 076[deg]26'52.59'' W,
thence north to latitude 39[deg]15'29.75'' N, longitude
076[deg]26'56.12'' W, thence west to and terminating at the point of
origin.
    (b) Definitions. As used in this section--
    Aerobatics Box is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of an
aerobatics box within the regulated area defined by this section.
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the ``2022 Tiki Lee's Shootout on the River
Airshow'' event, or otherwise designated by the event sponsor as having
a function tied to the event.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude within the regulated area defined by
this section that outlines the boundary of an area reserved for non-
participant vessels watching the event.
    (c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area described in paragraph (a)(1) of this section. When hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given by the patrol.
Failure to do so may result in the Coast Guard expelling the person or
vessel from the area, issuing a citation for failure to comply, or
both. The COTP Maryland-National Capital Region or Event PATCOM may
terminate the event, or a participant's operations at

any time the COTP Maryland-National Capital Region or Event PATCOM
believes it necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM
and official patrol vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a designated spectator area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) Only participant vessels are allowed to enter and remain within
the aerobatics box.
    (5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
    (e) Enforcement periods. This section will be enforced from 4 p.m.
to 7 p.m. on July 15, 2022, from 1 p.m. to 4 p.m. on July 16, 2022, and
from 1 p.m. to 4 p.m. on July 17, 2022.

    Dated: April 18, 2022.
James R. Bendle,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2022-08594 Filed 4-21-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Notices]
[Pages 15538-15541]
[FR Doc No: 2021-05916]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91342; File No. SR-Phlx-2021-13]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend General 9,
Section 19, ``Discretionary Power as to Customers' Accounts'' and Adopt
Two New Rules Within General 9 at Sections 30 and 45

March 17, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 5, 2021, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend General 9, Section 19,
``Discretionary Power as to Customers' Accounts'' and adopt two new
rules within General 9 at Sections 30 and 45.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq._com/rulebook/phlx/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    A proposal to amend General 9, Section 19, ``Discretionary Power as
to Customers' Accounts'' and adopt two new rules within General 9 at
Sections 30 and 45. Each change is described below.
General 9, Section 19
    Today, General 9, Section 19, ``Discretionary Power as to
Customers' Accounts'' has a rule citation to former ``NASD Rule 2510.''
General 9, Section 19 was relocated \3\ in 2020 from Phlx Rule 754 in
connection with a Rulebook harmonization effort.\4\
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    \3\ See Securities Exchange Act Release No. 88213 (February 14,
2020), 85 FR 9859 (February 20, 2020) (SR-Phlx-2020-03) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To
Relocate Rules From Its Current Rulebook Into Its New Rulebook
Shell).
    \4\ See Securities Exchange Act Release No. 78419 (July 26,
2016), 81 FR 50582 (August 1, 2016) (SR-Phlx-2016-78) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Phlx Rule 754 (Employees' Discretion as to Customers' Accounts)).
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    During 2008, FINRA embarked on an extended process of moving rules
formerly designated as ``NASD Rules'' into a consolidated FINRA
rulebook.\5\ As part of that relocation, NASD Rule 2510 was relocated
to FINRA Rule 3260 without any substantive changes to the NASD rule
text.\6\
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    \5\ See Securities Exchange Act Release No. 63784 (January 27,
2011), 76 FR 5850 (February 2, 2011) (SR-FINRA-2010-052) (``FINRA
Filing'').
    \6\ See supra note 21 [sic].
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    At this time, the Exchange proposes to update the reference to
``NASD Rule 2510'' within General 9, Section 19 and replace it with a
reference to ``FINRA Rule 3260''. The Exchange also proposes to add a
new section (b) to provide cross-references to rules cited within FINRA
Rule 3260 to corresponding Phlx rules. In doing so, Phlx is cross-
referencing two new rules which are being adopted by this proposal.
    The Exchange also proposes to amend the title of this rule from
``Discretionary Power as to Customers' Accounts'' to ``Discretionary
Accounts.''
General 9, Section 30
    The Exchange proposes to adopt a new General 9, Section 30, which
is currently reserved, which is identical to FINRA Rule 4511 in order
to align its rule with FINRA's rule.
    By way of background, current FINRA Rule 4511 streamlined, and
replaced, the language of former NASD Rule 3110(a) to clarify that
members are obligated to make and preserve books and records as
required under the FINRA rules, the Exchange Act and the applicable
Exchange Act rules.\7\ FINRA Rule 4511 requires members to preserve for
a period of at least six years those FINRA books and records for which
there is no specified retention period under the FINRA Rules or
applicable Exchange Act rules. The rule also clarifies that members are
required to preserve the books and records required to be made pursuant
to the FINRA Rules in a format and media that complies with Exchange
Act Rule 17a-4. FINRA deleted the general recordkeeping provisions of
NYSE Rule 440 because its provisions are substantially similar to FINRA
Rule 4511.\8\
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    \7\ FINRA Filing at 5851.
    \8\ Id.
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    Phlx proposes to incorporate by reference FINRA Rule 4511. The
Nasdaq Stock Market LLC (``Nasdaq'') General 9, Section 30 similarly
incorporates FINRA Rule 4511.
General 9, Section 45
    The Exchange proposes to adopt a new General 9, Section 45, which
is currently reserved, and title that rule ``Customer Account
Information.'' The Exchange proposes to adopt rule text similar to
Nasdaq General 9, Section 45, which is based on FINRA Rule 4512.
    By way of background, former NASD Rule 3110(c)(1) required that
members maintain certain information relating to customer accounts,
including, among other things, the signature of the registered
representative introducing the account and signature of the member,
partner, officer or manager who accepts the account. FINRA proposed to
simplify this provision by instead requiring members to maintain the
name of the associated person, if any, responsible for the account.
Current FINRA Rule 4512 requires where a member designates multiple
individuals as being responsible for an account, the member maintain
each of their names and a record indicating the scope of their
responsibilities with respect to the account. Also, the rule requires
that members maintain the signature of the partner, officer or manager
denoting that the account has been accepted in accordance with the
member's policies and procedures for acceptance of accounts.\9\
---------------------------------------------------------------------------

    \9\ FINRA Filing at [sic].
---------------------------------------------------------------------------

    FINRA provides that with respect to accounts opened pursuant to
prior NASD Rules (e.g., the January 1991 cut-off specified in NASD Rule
3110(c)), members will be permitted to continue maintaining the
information required by those prior NASD Rules until such time as they
update the account information in the course of their routine and
customary business or as required by other applicable laws or rules.
Additionally, FINRA's rule added supplementary material to:
     Clarify that required customer account records are subject
to a six-year retention period;
     Remind members that they may be subject to additional
recordkeeping requirements under the Exchange Act (e.g., Exchange Act
Rule 17a-3(a)(17));
     Remind members of their obligation to comply with the
requirements of FINRA Rule 2070 (Transactions Involving FINRA
Employees); \[\21\]\ [sic] and

     Provide general explanations of the terms ``maintain'' and
``preserve'' for purposes of Rule 4512 only.
    The remaining provisions of NASD Rule 3110(c) were incorporated
into FINRA Rule 4512 without material change.
    Phlx proposes to adopt a new rule, similar to Nasdaq General 9,
Section 45, which provides:

    (a) Phlx member organizations and persons associated with a
member shall comply with FINRA Rule 4512 as if such Rule were part
of the Phlx rules.
    (b) For purposes of this Rule:
    (1) References to Rule 3260 shall be construed as references to
General 9, Section 19;
    (2) references to Rules 2070, 2090, and 4512 shall be construed
as references to General 9, Sections 29, 10, and this Rule,
respectively;
    (3) references to ``a prior FINRA rule'' shall be construed as
references to ``a FINRA or PHLX rule in effect prior to the
effectiveness of FINRA Rule 4512'';
    (4) PHLX and FINRA are parties to the Regulatory Contract
pursuant to which FINRA has agreed to perform certain functions on
behalf of BX. Therefore, PHLX members are complying with this Rule
by complying with FINRA Rule 4512 as written, including, for
example, providing information required by FINRA staff. In addition,
functions performed by FINRA, FINRA departments, and FINRA staff
under this Rule are being performed by FINRA on behalf of PHLX.

    This rule text incorporates FINRA Rule 4512 similar to Nasdaq
General 9, Section 45.
Exemption Request
    The Exchange will request an exemption from the rule filing
requirements of Section 19(b) of the Exchange Act for those rules of
another self-regulatory organization (``SRO'') that it proposes to
incorporate by reference and to the extent such rules are effected
solely by virtue of a change to any of those rules.
Implementation
    The proposed rule changes that are the subject of this filing will
be operative on May 31, 2021, but only if the Exchange's request for an
exemption under Section 36 of the Exchange Act from filing proposed
rule changes, described above, is granted by that date. The Exchange
will publish a notice to confirm the status of its exemptive request on
or before May 31, 2021. In the event the exemption is not granted by
May 31, 2021, the Exchange will submit a filing to designate a
different operative date.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\10\ in general, and with
Section 6(b)(5) of the Act,\11\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed changes to General 9, Section 19 and adoption of the
books and records rules within General 9, Sections 30 and 45 will
conform certain Phlx's Rules to FINRA rules, thus promoting application
of consistent regulatory standards with respect to rules that FINRA
enforces pursuant to its regulatory services agreement with Phlx.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
proposed changes to General 9, Section 19 and adoption of the books and
records rules within General 9, Sections 30 and 45 will conform Phlx
Rules to those of FINRA which has no impact on competition. Today,
FINRA members must adhere to these rules.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2021-13 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2021-13. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public

Reference Room, 100 F Street NE, Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly.
    All submissions should refer to File Number SR-Phlx-2021-13 and
should be submitted on or before April 13, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-05916 Filed 3-22-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 37 (Monday, February 25, 2019)]
[Notices]
[Pages 6031-6036]
[FR Doc No: 2019-03138]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33377; 812-14850]

CM Finance Inc, et al.

February 19, 2019.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    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 permitting certain joint transactions otherwise
prohibited by sections 17(d) and 57(a)(4) of the Act and under rule
17d-1 under the Act.

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

APPLICANTS: CM Finance Inc (``CMFN''), CM Credit Opportunities BDC I
Inc. (``CM Credit'' and together with CMFN, the ``Existing Regulated
Funds''), CM Investment Partners LLC (``CM Adviser'') on behalf of
itself and its successors,\1\ CM Credit Opportunity Fund I LLC (the
``Existing Affiliated Fund''), and CM Finance SPV Ltd. (``CM SPV''), a
Wholly-Owned Investment Sub (defined below) of CMFN.
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    \1\ The term ``successor,'' as applied to each Adviser (as
defined below), means an entity that results from a reorganization
into another jurisdiction or change in the type of business
organization.

FILING DATES: The application was filed on December 13, 2017, and
---------------------------------------------------------------------------
amended on April 30, 2018 and October 25, 2018.

HEARING OR NOTIFICATION OF HEARING: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on March 18, 2019, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
St. NE, Washington, DC 20549-1090. Applicants: 601 Lexington Avenue,
26th Floor, New York, NY 10022.

FOR FURTHER INFORMATION CONTACT: Laura L. Solomon, Senior Counsel, at
(202) 551-6915 or David J. Marcinkus, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's

website by searching for the file number, or for an applicant using the
Company name box, at http://www.sec.gov/search/search.htm or by calling
(202) 551-8090.

Applicants' Representations

    1. CMFN is a Maryland corporation organized as a closed-end
management investment company that has elected to be regulated as a
business development company (``BDC'') under section 54(a) of the
Act.\2\ The Objectives and Strategies \3\ of CMFN are to maximize total
return by investing primarily in privately held middle-market
companies. The board of directors of CMFN (the ``CMFN Board'') \4\ is
comprised of six directors, four of whom are not ``interested
persons,'' within the meaning of section 2(a)(19) of the Act (``Non-
Interested Directors'').
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    \2\ 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.
    \3\ ``Objectives and Strategies'' means the investment
objectives and strategies of a Regulated Fund (as defined below), 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 ``Securities Act''), or under
the Securities Exchange Act of 1934, and the Regulated Fund's
reports to shareholders.
    \4\ The term ``Board'' refers to the board of directors or
trustees of any Regulated Fund.
---------------------------------------------------------------------------

    2. CM Credit is a Maryland corporation and will be structured as a
closed-end management investment company that intends to file an
election to be regulated as a BDC under section 54(a) of the Act. CM
Credit's Objectives and Strategies are to generate current income and
capital appreciation by investing primarily in middle-market companies
and leveraged companies. The board of directors of CM Credit (the ``CM
Credit Board'') will be comprised of a majority of Non-Interested
Directors.
    3. The Existing Affiliated Fund is a Delaware limited liability
company with the investment objective to seek current income and
capital appreciation by investing primarily in middle-market companies.
The Existing Affiliated Fund would be an investment company but for the
exclusion from the definition of investment company provided by section
3(c)(7) of the Act.
    4. CM Adviser is a Delaware limited liability company and is
registered as an investment adviser under the Investment Advisers Act
of 1940 (the ``Advisers Act''). CM Adviser serves as the investment
adviser to CMFN and will serve as the investment adviser to CM Credit
and the Existing Affiliated Fund.
    5. Applicants seek an order (``Order'') to permit one or more
Regulated Funds \5\ and/or one or more Affiliated Funds \6\ 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 section 57(a)(4) and
rule 17d-1 by (a) co-investing with each other in securities issued by
issuers in private placement transactions in which an Adviser
negotiates terms in addition to price \7\ and (b) making additional
investments in securities of such issuers, including through the
exercise of warrants, conversion privileges, and other rights to
purchase securities of the issuers (``Follow-On Investments''). ``Co-
Investment Transaction'' means any transaction in which a Regulated
Fund (or its Wholly-Owned Investment Sub, as defined below)
participated together with one or more other Regulated Funds and/or one
or more Affiliated Funds in reliance on the requested Order.
``Potential Co-Investment Transaction'' means any investment
opportunity in which a Regulated Fund (or its Wholly-Owned Investment
Sub) could not participate together with one or more Affiliated Funds
and/or one or more other Regulated Funds without obtaining and relying
on the Order.\8\
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    \5\ ``Regulated Fund'' means any of the Existing Regulated Funds
and any Future Regulated Fund. ``Future Regulated Fund'' means any
closed-end management investment company (a) that is registered
under the Act or has elected to be regulated as BDC, (b) whose
investment adviser is an Adviser, and (c) that intends to
participate in the Co-Investment Program. The term ``Adviser'' means
(a) CM Adviser and (b) any future investment adviser that controls,
is controlled by or is under common control with CM Adviser and is
registered as an investment adviser under the Advisers Act.
    \6\ ``Affiliated Fund'' means the Existing Affiliated Fund and
any Future Affiliated Fund. ``Future Affiliated Fund'' means any
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 intends to participate in the Co-Investment Program.
    \7\ The term ``private placement transactions'' means
transactions in which the offer and sale of securities by the issuer
are exempt from registration under the Securities Act.
    \8\ All existing entities that currently intend to rely upon the
requested Order have been named as applicants. Any other existing or
future entity that subsequently relies on the Order will comply with
the terms and conditions of the application.
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    6. Applicants state any of the Regulated Funds may, from time to
time, form one or more Wholly-Owned Investment Subs.\9\ A Wholly-Owned
Investment Sub would be prohibited from investing in a Co-Investment
Transaction with any Affiliated Fund or Regulated Fund because it would
be a company controlled by its parent Regulated Fund for purposes of
section 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 its parent Regulated Fund and that the Wholly-
Owned Investment Sub's participation in any such transaction be
treated, for purposes of the requested order, as though the parent
Regulated Fund were participating directly.\10\ 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 Regulated Fund's 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 Regulated Fund's
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
the 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.
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    \9\ The term ``Wholly-Owned Investment Sub'' means an entity (a)
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); (b) whose sole business purpose is to hold
one or more investments on behalf of the Regulated Fund (and in the
case of a SBIC Subsidiary (as defined below) maintain a license
under the SBA Act (as defined below) and issue debentures guaranteed
by the SBA (as defined below); (c) with respect to which the
Regulated Fund's Board has the sole authority to make all
determinations with respect to the Wholly-Owned Investment Sub's
participation under the conditions of the application; and (d) that
would be an investment company but for section 3(c)(1) or 3(c)(7) of
the Act. ``SBIC Subsidiary'' means a Wholly-Owned Investment Sub
that is licensed by the Small Business Administration (``SBA'') to
operate under the Small Business Investment Act of 1958 (the ``SBA
Act'') as a small business investment company.
    \10\ All subsidiaries of the Regulated Funds participating in
Co-Investment Transactions will be Wholly-Owned Investment Subs and
will have Objectives and Strategies that are either the same as, or
a subset of, the Regulated Fund's Objectives and Strategies.
---------------------------------------------------------------------------

    7. When considering Potential Co-Investment Transactions for any
Regulated Fund, the applicable Adviser will consider only the
Objectives and Strategies, investment policies, investment positions,
capital available

for investment (``Available Capital''),\11\ and other pertinent factors
applicable to that Regulated Fund. The Board of each Regulated Fund,
including the Non-Interested Directors, has (or will have prior to
relying on the requested Order) determined that it is in the best
interests of the Regulated Fund to participate in Co-Investment
Transactions.\12\
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    \11\ The amount of each Regulated Fund's Available Capital will
be determined based on the amount of cash on hand, existing
commitments and reserves, if any, the targeted leverage level,
targeted asset mix and other investment policies and restrictions
set from time to time by the Board of the applicable Regulated Fund
or imposed by applicable laws, rules, regulations or
interpretations.
    \12\ The Regulated Funds, however, will not be obligated to
invest, or co-invest, when investment opportunities are referred to
them.
---------------------------------------------------------------------------

    8. Other than pro rata dispositions and Follow-On Investments as
provided in conditions 7 and 8, and after making the determinations
required in conditions 1 and 2(a), the Adviser will present each
Potential Co-Investment Transaction and the proposed allocation to the
directors of the Board eligible to vote under section 57(o) of the Act
(``Eligible Directors''), and the ``required majority,'' as defined in
section 57(o) of the Act (``Required Majority'') \13\ will approve each
Co-Investment Transaction prior to any investment by the participating
Regulated Fund.
---------------------------------------------------------------------------

    \13\ 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).
---------------------------------------------------------------------------

    9. 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 Regulated Fund and
Affiliated Fund in such disposition 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 Non-Interested Director of a Regulated Fund will have a
financial interest in any Co-Investment Transaction, other than through
share ownership in one of the Regulated Funds.
    11. If the Advisers, the principal owners of any of the Advisers
(the ``Principals''), or any person controlling, controlled by, or
under common control with the Advisers or the Principals, and the
Affiliated Funds (collectively, the ``Holders'') own in the aggregate
more than 25 percent of the outstanding voting shares of a Regulated
Fund (the ``Shares''), then the Holders will vote such Shares as
required under condition 14. Applicants believe that this condition
will ensure that the Non-Interested Directors will act independently in
evaluating the Co-Investment Program, because the ability of the
Advisers or the Principals to influence the Non-Interested Directors by
a suggestion, explicit or implied, that the Non-Interested Directors
can be removed will be limited significantly. The Non-Interested
Directors will evaluate and approve any such independent party, taking
into account its qualifications, reputation for independence, cost to
the shareholders, and other factors that they deem relevant.
    12. Prior to the filing of the application, certain funds managed
by Cyrus Capital Partners, L.P. (the ``Cyrus Funds'') may have engaged
in transactions with CMFN without obtaining an order under rule 17d-1
under the Act (the ``Prior Transactions''). At the time of the Prior
Transactions, the Cyrus Funds were affiliated persons of CMFN and CM
Adviser, and the Cyrus Funds may have been deemed to indirectly control
CMFN. Mr. Mauer, Mr. Jansen, and Stifel Venture Corp. (collectively
with Messrs. Mauer and Jansen and the Cyrus Funds, the ``Affiliated
Parties'') are also affiliated persons of CMFN and CM Adviser. The
Order, if granted, would not provide relief for the Prior Transactions.
Further, the Order, if granted, would not provide relief for the
Affiliated Parties to engage in Co-Investment Transactions.

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 Regulated Funds and Affiliated Funds could be deemed
to be a person related to each 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 the Order will be subject to the following
conditions:
    1. Each time an Adviser considers a Potential Co-Investment
Transaction for an Affiliated Fund 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 such
Regulated Fund in light of the Regulated Fund's then-current
circumstances.
    2. (a) If the Adviser deems a Regulated Fund's participation in any
Potential Co-Investment Transaction to be appropriate for the Regulated
Fund, it will then determine an appropriate level of investment for the
Regulated Fund.
    (b) If the aggregate amount recommended by the 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 Affiliated
Funds, collectively, in the same transaction, exceeds the amount of the
investment opportunity, the investment opportunity will be allocated
among them pro rata based on each participant's Available Capital, 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 participating Regulated Fund and
Affiliated Fund) 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 Affiliated
Funds 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 shareholders and do not involve overreaching in respect of
the Regulated Fund or its shareholders on the part of any person
concerned;
    (ii) the Potential Co-Investment Transaction is consistent with:
    (A) The interests of the shareholders of the Regulated Fund; and
    (B) the Regulated Fund's then-current Objectives and Strategies;
    (iii) the investment by any other Regulated Funds or Affiliated
Funds 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 other Regulated Funds or Affiliated Funds;
provided that, if any other Regulated Fund or Affiliated Fund, but not
the Regulated Fund itself, gains the right to nominate a director for
election to a portfolio company's board of directors or the right to
have a board observer or any similar right to participate in the
governance or management of the portfolio company, such event shall not
be interpreted to prohibit the Required Majority from reaching the
conclusions required by this condition (2)(c)(iii), if:
    (A) The Eligible Directors will have the right to ratify the
selection of such director or board observer, if any;
    (B) the applicable Adviser agrees to, and does, provide periodic
reports to the Regulated Fund's Board with respect to the actions of
such director or the information received by such board observer or
obtained through the exercise of any similar right to participate in
the governance or management of the portfolio company; and
    (C) any fees or other compensation that any Affiliated Fund or any
Regulated Fund or any affiliated person of any Affiliated Fund or any
Regulated Fund receives in connection with the right of the Affiliated
Fund or a Regulated Fund 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 Affiliated Funds (who 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 Affiliated Funds or 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 section 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 or Affiliated Funds 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,\14\ a Regulated Fund will not invest in reliance on the
Order in any issuer in which another Regulated Fund, Affiliated Fund,
or any affiliated person of another Regulated Fund or Affiliated Fund
is an existing investor.
---------------------------------------------------------------------------

    \14\ This exception applies only to Follow-On Investments by a
Regulated Fund in issuers in which that Regulated Fund already holds
investments.
---------------------------------------------------------------------------

    6. A Regulated Fund will not participate in any Potential Co-
Investment Transaction unless the terms, conditions, price, class of
securities to be purchased, settlement date, and registration rights
will be the same for each participating Regulated Fund and Affiliated
Fund. The grant to an Affiliated Fund 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 Affiliated Fund 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 the participating
Affiliated Funds and 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 Regulated Fund and each Affiliated 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 Adviser will provide its written recommendation
as to the Regulated Fund's participation to the Eligible Directors, and
the Regulated Fund will participate in such disposition solely to the
extent that a Required Majority determines that it is in the Regulated
Fund's best interests.
    (d) Each Affiliated Fund and each Regulated Fund will bear its own
expenses in connection with any such disposition.
    8. (a) If any Affiliated Fund 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 Regulated Fund and each Affiliated Fund
in such investment is proportionate to its outstanding investments in
the issuer immediately preceding the Follow-On Investment; and (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). In all other cases, the Adviser will provide its written
recommendation as to the Regulated Fund's participation to the Eligible
Directors, and the Regulated Fund will participate in such Follow-On
Investment solely to the extent that a Required Majority determines
that it is in the Regulated Fund's best interests.
    (c) If, with respect to any Follow-On Investment:
    (i) The amount of the opportunity is not based on the Regulated
Funds' and the Affiliated Funds' outstanding investments immediately
preceding the Follow-On Investment; and
    (ii) the aggregate amount recommended by the applicable Adviser to
be invested by the applicable Regulated Fund in the Follow-On
Investment, together with the amount proposed to be invested by the
other participating Regulated Funds and Affiliated Funds, collectively,
in the same transaction, exceeds the amount of the investment
opportunity; then the investment opportunity will be allocated among
them pro rata based on each participant's Available Capital, up to the
maximum 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 this
application.
    9. The Non-Interested 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 other Regulated Funds or Affiliated Funds that the
Regulated Fund considered but declined to participate in, so that the
Non-Interested 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 Non-Interested 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 Non-Interested 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 an Affiliated Fund.
    12. The expenses, if any, associated with acquiring, holding or
disposing of any securities acquired in a Co-Investment Transaction
(including, without limitation, the expenses of the distribution of any
such securities registered for sale under the Securities Act) will, to
the extent not payable by the Advisers under their respective
investment advisory agreements with Affiliated Funds and the Regulated
Funds, be shared by the Regulated Funds and the Affiliated Funds in
proportion to the relative amounts of the securities held or to be
acquired or disposed of, as the case may be.
    13. Any transaction fee (including break-up or commitment fees but
excluding broker's fees contemplated by section 17(e) or 57(k) of the
Act, as applicable), received in connection with a Co-Investment
Transaction will be distributed to the participating Regulated Funds
and Affiliated Funds on a pro rata basis based on the amounts they
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 such 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 Regulated Funds and Affiliated
Funds based on the amounts they invest in such Co-Investment
Transaction. None of the Affiliated Funds, the Advisers, the other
Regulated Funds or any affiliated person of the Regulated Funds or
Affiliated Funds will receive additional compensation or remuneration
of any kind as a result of or in connection with a Co-Investment
Transaction (other than (a) in the case of the Regulated Funds and the
Affiliated 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 an Adviser, investment advisory fees paid in accordance
with the agreement between the Adviser and the Regulated Fund or
Affiliated Fund.
    14. If the Holders own in the aggregate more than 25% of the Shares
of a Regulated Fund, then the Holders will vote such Shares (i) as
directed by an independent third party, or (ii) in the same percentages
as the Regulated Fund's other shareholders (not including the Holders)
when voting on (1) the election of directors; (2) the removal of one or
more directors; or (3) any other matter under either the Act or
applicable state law affecting the Board's composition, size or manner
of election.
    15. Each Regulated Fund's chief compliance officer, as defined in
rule 38a-1(a)(4) under the Act, will prepare an annual report for its
Board that

evaluates (and documents the basis of that evaluation) the Regulated
Fund's compliance with the terms and conditions of the application and
the procedures established to achieve such compliance.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-03138 Filed 2-22-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Page 28314]
[FR Doc No: 2019-12854]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3412-EM; Docket ID FEMA-2019-0001]

Kansas; Amendment No. 2 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Kansas (FEMA-3412-EM), dated May 28, 2019, and related
determinations.

DATES: This amendment was issued May 31, 2019.

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

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for
the State of Kansas is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared an emergency by the President in his declaration of May
28, 2019.

    Allen, Dickinson, Doniphan, Douglas, Geary, Jefferson,
Leavenworth, Linn, Lyon, Marshall, Morris, Pottawattamie, Riley,
Saline, and Wabaunsee Counties for emergency protective measures
(Category B), limited to 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.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-12854 Filed 6-17-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Notices]
[Page 64503]
[FR Doc No: 2012-25814]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

------------------------------------------------------------------------
                                                    Docket Nos.
------------------------------------------------------------------------
A V Solar Ranch 1, LLC..................  EG12-83-000
Spion Kop Wind, LLC.....................  EG12-84-000
Shiloh IV Wind Project, LLC.............  EG12-85-000
Chisholm View Wind Project, LLC.........  EG12-86-000
Los Vientos Windpower IA, LLC...........  EG12-87-000
Los Vientos Windpower IB, LLC...........  EG12-88-000
Mehoopany Wind Energy LLC...............  EG12-89-000
Russell City Energy Company, LLC........  EG12-90-000
Zephyr Wind, LLC........................  EG12-91-000
Beebe Renewable Energy, LLC.............  EG12-92-000
Spinning Spur Wind, LLC.................  EG12-93-000
Laurel Hill Wind Energy, LLC............  EG12-94-000
Bobcat Bluff Wind Project, LLC..........  EG12-95-000
------------------------------------------------------------------------

    Take notice that during the month of September 2012, the status of
the above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR
366.7(a).

    Dated: October 15, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-25814 Filed 10-19-12; 8:45 am]
BILLING CODE 6717-01-P


49664 Federal Register / Vol. 66, No. 189 / Friday, September 28, 2001 / Notices responsibilities for all individual undertakings carried out in accordance with the license until the license expires or is terminated ( 36 CFR 800.14). The Commission's responsibilities pursuant to Section 106 for the above project would be fulfilled through the programmatic agreement, which the Commission proposes to draft in consultation with certain parties listed below. The executed programmatic agreement would be incorporated into any Order issuing a license. Great Northern Paper, Inc. as prospective licensee for Project No. P   2634, and the Passamaquoddy Indian Tribe, Penobscot Indian Nation, and U. S. Bureau of Indian Affairs have interest in this proceeding are invited to participate in consultations to develop the programmatic agreement and to sign as a concurring party to the programmatic agreement. For purposes of commenting on the programmatic agreement, we propose to restrict the service list for Project No. P   2634 as follows: Dr. Laura Henley Dean, Advisory Council on Historic Preservation, The Old Post Office Building, Suite 803, 1100 Pennsylvania Avenue, NW., Washington, DC 20004 Earle G. Shettleworth, Jr., State Historic Preservation Officer, Maine Historic Preservation Commission, 55 Capitol Street, 65 State House Station, Augusta, Maine 04333 Brian R. Stetson, Manager of Environmental Affairs, Great Northern Paper, Inc., Engineering and Research Building, 1 Katahdin Ave., Millinocket, Maine 04462   1373 Richard H. Hamilton, Chief, Penobscot Indian Nation, 6 River Road; Indian Island, Old Town, Maine 04468 Gregory W. Sample, Drummond Woodsum & MacMahon, 245 Commercial Street, P. O. Box 9781, Portland, Maine 04104   5081 Jim Harriman, U. S. Bureau of Indian Affairs, Eastern Area Office, M. S. 260   VASQ, 3701 Fairfax Drive, Arlington, Virginia 22203   1700 Any person on the official service list for the above captioned proceedings may request inclusion on the restricted service list, or may request that a restricted service list not be established, by filing a motion to that effect within 15 days of this notice date. An original and 8 copies of any such motion must be filed with the Secretary of the Commission ( 888 First Street, NE., Washington, DC 20426) and must be served on each person whose name appears on the official service list. If no such motions are filed, the restricted service list will be effective at the end of the 15 day period. Otherwise, a further notice will be issued ruling on the motion.

David P. Boergers, Secretary. [ FR Doc. 01   24300 Filed 9   27   01; 8: 45 am]

BILLING CODE 6717   01   P DEPARTMENT OF ENERGY Western Area Power Administration Montana/ Dakotas Regional Transmission Study Scope AGENCY: Western Area Power Administration, DOE. ACTION: Notice of public workshop and request for comments.

SUMMARY: The Western Area Power Administration ( Western), a Federal power marketing agency of the Department of Energy, will hold a public workshop to solicit input on a planning study of transmission expansion options and projected costs in Western's Upper Great Plains Region. Western is soliciting suggestions from interested parties for the sites in Montana and North Dakota that should be studied as potential locations for new generation and possible transmission alternatives needed to deliver these resources to the eastern and western electric grids. This study is being conducted in accordance with the Supplemental Appropriations Act, 2001, ( Pub. L. 107   20, Chapter 4). Western will accept oral and written comments on the study scope at the workshop and will accept written comments until November 2, 2001. A final scope of study will be published November 21, 2001, and posted on Western's Website at www. wapa. gov. DATES: The workshop will be held October 19, 2001, from 9: 30 a. m. to 12 p. m. ( noon) and 1 p. m. to 4: 30 p. m. MDT. Lunch will not be provided. All comments must be received by November 2, 2001, to assure consideration. ADDRESSES: The workshop will be held at the Sheraton Hotel, 27 North 27th Street, Billings, Montana. All comments should be sent to: Ms. Robin Johnson, Project Manager, Western Area Power Administration, 2900 4th Avenue North, Billings, MT 59101   1266. Comments may also be faxed to ( 406) 247   7408 or e mailed to UGPRStudy@ wapa. gov. FOR FURTHER INFORMATION CONTACT: Ms. Robin Johnson, Project Manager, Upper Great Plains Customer Region, Western Area Power Administration, 2900 4th Avenue North, Billings, MT 59101   1266, telephone: ( 406) 247   7426, e mail: UGPRStudy@ wapa. gov. SUPPLEMENTARY INFORMATION: The Upper Great Plains Region owns, operates, and maintains 7,700 miles of transmission and 99 substations in Montana, North Dakota, South Dakota, Minnesota, Iowa, and Nebraska. This transmission grid was designed and constructed to deliver Federal hydropower to more than 300 preference customers in the Region, but is constrained from accepting new generation resources presently being planned in Montana and North Dakota. This study will identify potential new generation sites and evaluate enhancements to the existing transmission system along with new transmission projects needed to deliver new energy resources to customers in both the east and west grids. The workshop will consist of a brief presentation on transmission constraints in the Western transmission system, possible remedies, and presently planned system improvements. Open discussion of new projects will follow. Maps of the existing transmission system will be available to assist workshop participants in locating proposed projects. Western's staff will review the proposed projects and develop a final scope of study by November 21, 2001. The final study scope will be posted on Western's Website at www. wapa. gov. Various types of generation and both alternating current and direct current technology will be considered. The study will require assumptions as to future generation locations for creation of a benchmark model. Power flow and stability analyses will be conducted on the selected scenarios as limited by study schedule and budget. A final report of study results will be published in June 2002 and posted on Western's Website at www. wapa. gov. Electronic copies will be available by request.

Dated: September 14, 2001. Michael S. Hacskaylo, Administrator. [ FR Doc. 01   24313 Filed 9   27   01; 8: 45 am]

BILLING CODE 6450   01   P ENVIRONMENTAL PROTECTION AGENCY [ FRL 7069   8]

Agency Information Collection Activities; OMB Responses ACTION: Notice.

SUMMARY: This document announces the Office of Management and Budget's ( OMB) responses to Agency clearance VerDate 11< MAY> 2000 19: 45 Sep 27, 2001 Jkt 194001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 28SEN1. SGM pfrm11 PsN: 28SEN1 49665 Federal Register / Vol. 66, No. 189 / Friday, September 28, 2001 / Notices requests, in compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.). 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 number for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. FOR FURTHER INFORMATION CONTACT: Sandy Farmer at 260   2740, or email at Farmer. sandy@ epa. gov, and please refer to the appropriate EPA Information Collection Request ( ICR) Number. SUPPLEMENTARY INFORMATION:

OMB Responses to Agency Clearance Requests OMB Approvals EPA ICR No. 1849.01; Landfill Methane Outreach Program; was approved 06/ 05/ 2001; OMB No. 2060   0446; expires 10/ 31/ 2003. EPA ICR No.; 1643.04; Application Requirements for the Approval and Delegation of Federal Air Toxics Programs, to State, Territorial, Local, and Tribal Agencies; in 40 CFR Part 63, subpart E; was approved 06/ 05/ 2001; OMB No. 2060   0264; expires 06/ 30/ 2004. EPA ICA No. 0222.05; Investigation into Possible Noncompliance of Motor Vehicles with Federal Emission Standards; was approved 06/ 05/ 2001; OMB No. 2060   0086; expires 06/ 30/ 2002. EPA ICR No. 1687.05; NESHAP Aerospace Manufacturing and Rework Operations; in 40 CFR part 63, subpart GG; was approved 05/ 31/ 2001; OMB No. 2060   0314; expires 05/ 31/ 2004. EPA ICR No. 1080.10; National Emission Standards for Hazardous Air Pollutants, Benzene Emission from Benzene Storage Vessells and Coke by Product recovery plants in 40 CFR, part 61, subpart L & Y was approved 08/ 01/ 2001; OMB No. 2060   0185; expires 08/ 31/ 2004. EPA ICR No. 1135.07; New Source Performance Standards ( NSPS) for Magnetic Tape Coating Facilities; 40 CFR part 60, subpart SSS; was approved 02/ 15/ 01; OMB No. 2060   0171; expires 02/ 29/ 2004. EPA ICR No. 0574.11; Pre Manufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical Substances; in 40 CFR Part 720, 721, 723 and 725; was approved 07/ 23/ 200; OMB No. 2070   0012; expires 07/ 21/ 2004. EPA ICR No. 1432.20; Recordkeeping and Periodic Reporting of the Production Import, Recycling, Destruction, Transshipment and Feedstock Use of Ozone Depleting Substances; in 40 CFR Part 82.13; was approved 07/ 19/ 2001; OMB No. 2060   0170; expires 09/ 30/ 2001. EPA ICR No. 1710.03; Residential Lead Based Paint Hazard Disclosure Requirements; in 40 CFR Part 745, subpart F; was approved 07/ 03/ 2001; OMB No. 2070   0151; expires 07/ 31/ 2004. EPA ICR No. 1246.08; Rule Related Replacement ICR to the Existing ICR entitled `` Reporting and Recordkeeping for Asbestos Abatement Worker Protection''; in 40 CFR part 763, subpart G; was approved 07/ 23/ 01; OMB No. 2070   0072; expires 07/ 31/ 2004 EPA ICR No. 1693.02; Plant Incorporated Protectants; CBI Substantiation and Adverse Effects Reporting; was approved 07/ 23/ 2001; OMB No. 2070   0142; expires 07/ 31/ 2004. EPA ICR No. 1593.05; Standards of Performance for Air Emission Standards for Tanks, Surface Impoundments and Containers, in 40 CFR part 264, subpart CC, and 40 CFR part 265; was approved 07/ 11/ 2001; OMB No. 2060   0318; expires on 07/ 31/ 2004 Short Term Extensions EPA ICR No. 1012.06; Polychlorinated Biphenyls ( PCBs) Disposal Permitting Regulation; OMB No. 2070   0011 on 06/ 29/ 2001 OMB extended the expiration date through 07/ 31/ 2001. EPA ICR No. 1011.40; Partial Updating of TSCA Inventory Data Base; Production and Site Reports; OMB No. 2070   0070; on 06/ 30/ 2001 OMB extends the expiration date through 09/ 30/ 2001. EPA ICR No. 0867.07; Polychlorinated Biphenyls ( PCBs): Manufacturing, Processing, and Distribution in Commerce Exemptions; OMB No. 2070   0021; on 06/ 29/ 2001 OMB extended the expiration date through 07/ 31/ 2001. EPA ICR No. 1001.06; Polychlorinated Biphenyls ( PCBs); Exclusions, Exemptions, and Use Authorizations; OMB No. 2070   0008; on 06/ 29/ 01 OMB extended the expiration date through 07/ 31/ 2001. EPA ICR No. 1823.01; Reporting and Recordkeeping Requirements under the Perfluorocompound ( PFC) Emission Reduction Partnership for the Semiconductor Industry; OMB NO. 2060   0382; on 06/ 29/ 01 OMB extended the expiration date through 09/ 30/ 2001.

Comment Filed EPA ICR No. 1957.01; Reporting and Recordkeeping Requirements for Metal Coil Surface Coating Plants; on 06/ 07/ 2001; OMB filed comment and continue. EPA ICR No. 1938.01; National Emission Standards for Hazardous Air Pollutants from Municipal Solid Waste Landfills; in 40 CFR, part 60, subparts CC and WWW; on 06/ 07/ 2001; OMB filed comment and continue. EPA ICR No. 1951.01; NESHAP for Source Categories; Paper and Other Web Coating Operations; in 40 CFR, Part 63, subpart JJJJ on 06/ 14/ 2001; OMB filed comment and continue. EPA ICR No. 1886.01; Recordkeeping and Reporting Requirements for National Emission Standards for Hazardous Air Pollutants ( NESHAP for Manufacturing of Nutritional Yeast Source Category; 40 CFR, part 63, subpart CCCC; on 08/ 01/ 2001; OMB filed comment.

Withdrawn EPA ICR No. 1969.01; National Emission Standards of Hazardous Air Pollutants ( NESHAP) from Miscellaneous Organic Chemical Manufacturing; was withdrawn from OMB on 07/ 13/ 2001.

Dated: September 12, 2001. Oscar Morales, Director, Collection Strategies Division. [ FR Doc. 01   24376 Filed 9   27   01; 8: 45 am]

BILLING CODE 6560   50   M ENVIRONMENTAL PROTECTION AGENCY [ FRL   7069   3]

Agency Information Collection Activities: Submission for OMB Review; Comment Request; National Emission Standard for Hazardous Air Pollutants for Total HAP Emissions From Pulp and Paper Production, Pulp and Paper Source Category   Process Operations AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: NESHAP for Total HAP Emissions from the Pulp and Paper Production Source Category   Process Operations, OMB Control Number 2060   0387, expiration date September 30, 2001. The ICR describes the nature of the information collection and its expected burden and cost; where VerDate 11< MAY> 2000 19: 45 Sep 27, 2001 Jkt 194001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 28SEN1. SGM pfrm11 PsN: 28SEN1