[Federal Register Volume 79, Number 78 (Wednesday, April 23, 2014)]
[Notices]
[Pages 22728-22734]
[FR Doc No: 2014-09212]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31019; File No.813-336]

UBS AG, et al.; Notice of Application

April 17, 2014.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order under sections 6(b) and 6(e)
of the Investment Company Act of 1940 (the ``Act'') exempting the
applicants from all provisions of the Act, except section 9 and
sections 36 through 53, and the rules and regulations under the Act.
With respect to sections 17 and 30 of the Act, and the rules and
regulations thereunder, and rule 38a-1 under the Act, the exemption
would be limited as set forth in the application.

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

    Summary of Application: Applicants request an order to exempt
certain investment vehicles (``Funds'') formed for the benefit of key
employees of UBS AG (``UBS'') and its affiliates from certain
provisions of the Act. Each Fund will be an ``employees' securities
company'' within the meaning of section 2(a)(13) of the Act.
    Applicants: UBS, UBS IB Co-Investment 2001 Limited Partnership
(``CLP1'') and UBS IB Co-Investment 2001 (No. 1) Feeder L.P. (``Feeder
L.P.'').

DATES:  Filing Dates: The application was filed on July 6, 2001, and
amended on January 9, 2004, May 8, 2008, November 20, 2012 and January
22, 2014.
    Hearing or Notification of Hearing: An order granting the
application 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 May 12, 2014, and should be accompanied by proof of
service on applicants, in the form of an

affidavit or, for lawyers, a certificate of service. Hearing requests
should state the nature of the writer's interest, the reason for the
request, and the issues contested. Persons who wish to be notified of a
hearing may request notification by writing to the Commission's
Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants, 677 Washington
Boulevard, Stamford, CT 06901.

FOR FURTHER INFORMATION CONTACT: Jaea F. Hahn, Senior Counsel, at (202)
551-6870, or David P. Bartels, 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 Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. UBS is a bank established under the laws of Switzerland that
offers a range of financial services including private banking, asset
management and investment banking services.
    2. UBS has organized CLP1, a Cayman Island limited partnership, and
Feeder L.P., a Delaware limited partnership, as the Initial Funds. UBS
intends to organize additional Funds from time to time for the benefit
of highly compensated current and former employees, officers and
directors of UBS and its affiliates (as defined in rule 12b-2 under the
Securities Exchange Act of 1934 (the ``Exchange Act'')) (collectively,
the ``UBS Group'') who have been approved to purchase interests by UBS
(``Eligible Employees''). Each Fund will be an ``employees' securities
company'' within the meaning of section 2(a)(13) of the Act and will
operate as a closed-end, management investment company, which may be
diversified or nondiversified. Applicants state that the Funds are
designed primarily to create capital appreciation opportunities that
are competitive with those at other financial services firms and to
facilitate the recruitment and retention of high caliber professionals.
Applicants assert that participation by Eligible Employees in the Funds
may allow them to diversify their investments or to participate in
investments that might not otherwise be available to them or that might
be beyond their individual means. The investment objectives and
policies for each Fund may vary from Fund to Fund, and participation in
a Fund will be voluntary.
    3. Applicants state that each Fund will be organized as a limited
partnership, a limited liability company, a corporation, or another
appropriate entity, in each case organized under the laws of a state of
the United States or of a jurisdiction outside the United States.
Applicants state that, because a large portion of Eligible Employees
reside outside of the United States, applicants expect that most, if
not all, of the Funds will be organized under the laws of jurisdictions
outside of the United States for various tax, regulatory, and other
reasons.\1\
---------------------------------------------------------------------------

    \1\ Applicants state that, for tax, regulatory or other reasons,
a Fund organized for employees residing in a particular country may
have different terms than other Funds organized for employees
residing in other countries, and Funds that are organized at
different times are likely to have different terms. However, no
organizational document for, or any other contractual arrangement
regarding, a Fund will contain any provision that protects or
purports to protect UBS AG, the General Partner or their delegates
against any liability with respect to the Fund or its security
holders to which such person would otherwise be subject by reason of
willful malfeasance, bad faith, or gross negligence in the
performance of such person's duties, or by reason of such person's
reckless disregard of such person's obligations and duties under
such contract or organizational documents. Moreover, all Funds will
be subject to, and comply with, the terms and conditions of the
application.
---------------------------------------------------------------------------

    4. Each Fund will be managed, operated and controlled by a general
partner that is controlled, directly or indirectly, by UBS (a ``General
Partner'').\2\ Applicants state that the General Partner will be
responsible for the overall management of each Fund and will have the
authority to make all decisions regarding the acquisition, management
and disposition of Fund investments. The executive officers and
directors of the General Partner or of any entity controlling the
General Partner will be employees of UBS Group, a majority of whom will
be eligible to invest in the Fund. Applicants state that the General
Partner may delegate all management responsibilities, including
responsibility for investment decisions in respect of the Fund, to UBS
or another entity that is part of the UBS Group as investment manager
(the ``Investment Manager''). The General Partner or Investment Manager
will register as an investment adviser under the Investment Advisers
Act of 1940 (``Advisers Act''), if required under applicable law.\3\
Whenever UBS, the General Partner or any other person acting for or on
behalf of a Fund is required or permitted to make a decision, take or
approve an action, or omit to do any of the foregoing in such person's
discretion, such person will act in the best interest of the Fund and
its security holders and will exercise such discretion in accordance
with reasonableness and good faith and any fiduciary duties owed to the
Fund and its security holders.
---------------------------------------------------------------------------

    \2\ If a form of organization other than a limited partnership
is used, the functions of the General Partner will be performed by a
corresponding entity or governing body.
    \3\ Applicants acknowledge that no relief in respect of such
determination is requested.
---------------------------------------------------------------------------

    5. The Investment Manager may, from time to time, be presented with
investment opportunities by one or more investment advisers
(``Investment Advisers'') that are engaged by the Investment Manager
that may be affiliated or not affiliated with UBS (any such non-
affiliated Investment Adviser being referred to as an ``Outside
Investment Adviser''). If the Investment Manager elects to enter into
any side-by-side investment with a party that is not a member of the
UBS Group, the Investment Manager will be permitted to engage as an
Investment Adviser the Outside Investment Adviser responsible for the
management of such side-by-side investment. In each of the foregoing
cases, however, all decisions with respect to the purchase, holding or
disposition of investments by each Fund will be made by either the
General Partner or the Investment Manager alone, and not by any
Investment Adviser.
    6. Interests in the Funds (``Interests'') will be offered without
registration in reliance on section 4(a)(2) of the Securities Act of
1933 (the ``Securities Act''), or Regulation D under the Securities
Act, and will be sold only to Qualified Participants, as defined below,
and members of the UBS Group.\4\ The term ``Qualified Participant''
means: (a) Eligible Employees, (b) spouses, parents, children, spouses
of children, brothers, sisters and grandchildren of Eligible Employees
(``Qualified Family Members'') and (c) trusts or other investment
vehicles established solely for the benefit of Eligible Employees or
Qualified Family Members (``Qualified Investment Vehicles'').
---------------------------------------------------------------------------

    \4\ Any member of the UBS Group that acquires Interests will be
an ``accredited investor,'' as defined in rule 501(a) of Regulation
D under the 1933 Act.
---------------------------------------------------------------------------

    7. An Eligible Employee must be either (a) an ``accredited
investor'' as defined in rule 501(a)(6) or 501(a)(5) of Regulation D
under the Securities Act (an ``Accredited Investor'') or (b) one of not
more than 35 employees of the UBS Group who meets the salary and other
requirements as described below (``Other Investors''). Each Other
Investor

will, at the time of investment in a Fund, (x) be a ``knowledgeable
employee,'' as defined in rule 3c-5 under the Act, of such Fund (with
the Fund treated as though it were a ``Covered Company'' for purposes
of such rule) or (y) have (i) a graduate degree in business, law or
accounting, (ii) a minimum of five years of consulting, investment
banking, legal or similar business experience and (iii) a reportable
income from all sources in the two calendar years immediately preceding
their participation of at least $100,000 and a reasonable expectation
of income from all sources of at least $140,000 per year in each year
in which the person invests in a Fund. An Other Investor qualifying
under (y) above will not be permitted to invest in any year more than
10% of such person's income from all sources for the immediately
preceding year in the aggregate in a Fund and in all other Funds in
which that Other Investor has previously invested. A Qualified Family
Member who purchases an Interest must be an Accredited Investor.
    8. An Eligible Employee or a Qualified Family Member may purchase
an Interest through a Qualified Investment Vehicle only if either (a)
such investment vehicle is an ``accredited investor,'' as defined in
rule 501(a) of Regulation D under the Securities Act or (b) such
Eligible Employee or Qualified Family Member is a settlor and principal
investment decision-maker with respect to such investment vehicle.
Prior to offering Interests to an Eligible Employee or Qualified Family
Member, UBS must reasonably believe that such individual has such
knowledge, sophistication and experience in business and financial
matters to be capable of evaluating the merits and risks of
participating in the Fund, is able to bear the economic risk of such
investment and is able to afford a complete loss of such investment.
    9. Applicants represent that the material terms of investment in a
Fund, including without limitation, the terms and conditions of any and
all transfers of Interests in any Fund, will be fully disclosed to each
Qualified Participant and member of the UBS Group when Interests are
offered to that person. The specific investment objectives and
strategies for a particular Fund will be set forth in a private
placement memorandum relating to the Interests offered by a Fund. In
connection with an investment in a Fund, each Qualified Participant and
member of the UBS Group will receive the private placement memorandum,
form of application and the limited partnership agreement (or other
constitutive document) of the Fund. Each Fund will send its investors
(``Investors'') annual reports, which will contain audited financial
statements, as soon as practicable after the end of each fiscal
year.\5\ In addition, as soon as practicable after the end of each tax
year of a Fund, a report will be transmitted to each Investor setting
forth such tax information as shall be necessary for the preparation by
the Investor of his or her federal tax returns.
---------------------------------------------------------------------------

    \5\ For the purposes of the application, ``audit'' has the
meaning provided in rule 1-02(d) of Regulation S-X.
---------------------------------------------------------------------------

    10. Interests in a Fund will not be transferable by an Investor
except with the prior written consent of UBS or a Fund's General
Partner and then only to Qualified Participants or to members of the
UBS Group. Applicants expect that interests in the Funds will generally
not be redeemable at the option of an Investor (except on liquidation
of a Fund) but state that it is possible that one or more Funds may
offer Interests with certain redemption rights. With respect to certain
Funds, UBS may have the right, but not the obligation, to repurchase or
cancel the Interest of an Eligible Employee who ceases to be an
employee, officer or director of any member of the UBS Group for any
reason. Upon repurchase or cancellation, such Investor's Interest will
be purchased by the General Partner for cash in an amount at least
equal to the lesser of (a) the amount of such Investor's capital
contributions less prior distributions from the Fund (plus interest, as
determined by UBS) or (b) the value of the Interest, as determined by
UBS in good faith as of the date of termination. For other Funds, UBS
AG may be permitted to exercise this right only under particular
circumstances, such as if an employee resigns to join a competitor of
the UBS Group, or not at all.
    11. UBS may establish one or more deferred compensation plans in
connection with the Funds. Applicants state that Eligible Employees may
be able to defer compensation and receive a return on such deferred
compensation determined by reference to the performance of a Fund. The
deferred compensation plans and/or an Eligible Employee's interest in
such plans: (a) Will be subject to the applicable terms and conditions
of the application; \6\ (b) will only be offered to Eligible Employees
who are current employees, officers or directors of the UBS Group; (c)
will have restrictions on transferability, including prohibitions on
assignment or transfer except in the event of the Eligible Employee's
death or as otherwise required by law; and (d) will provide information
to participants equivalent to that provided to investors and
prospective investors in the corresponding Fund, including, without
limitation, disclosure documents and audited financial information.
---------------------------------------------------------------------------

    \6\ For purposes of this application, a Fund will be deemed to
be formed with respect to each deferred compensation plan and each
reference to ``Fund,'' ``capital contribution,'' ``General
Partners,'' ``Investor,'' ``loans'' or ``leverage'' and ``Interest''
in this application will be deemed to refer to the deferred
compensation plan, the notional capital contribution to the deferred
compensation plan, the UBS Group, a participant of the deferred
compensation plan, notional loans or leverage and participation
rights in the deferred compensation plan, respectively.
---------------------------------------------------------------------------

    12. The General Partner or Investment Manager of a Fund may charge
the Fund an annual management fee, a flat administrative charge or an
expense reimbursement, but will not charge a carried interest. Any
expense reimbursement may cover out-of-pocket expenses of the General
Partner or Investment Manager, including allocable portions of the
salaries of UBS Group employees who work on the Funds' affairs.
Directors or officers of the General Partner or Investment Manager, or
of any entity controlling the General Partner or Investment Manager,
may also be compensated for their services to the General Partner or
Investment Manager, including reimbursement for out-of-pocket expenses.
A Fund will not pay both a fee to the General Partner of the Fund and a
fee to the Investment Manager of the Fund for providing the same
services or bearing the same expenses. An Investment Adviser to the
Investment Manager may charge the Fund an advisory fee; however, such
advisory fee will not be duplicative of any fees paid to the General
Partner. No fee of any kind will be charged in connection with the sale
of Interests.
    13. If a Fund becomes a limited partner or otherwise holds an
interest in an investment fund organized or managed by the UBS Group in
which affiliated third parties also are limited partners or otherwise
hold interests (a ``Client Fund''), the Fund may be obligated to pay a
pro rata share of any fees (including carried interest) charged to the
unaffiliated limited partners or interest holders of such Client Fund.
A Fund may also invest in funds managed or advised by an Outside
Investment Adviser, which may be entitled to fees (including carried
interest) from the Fund. In all such cases, the Fund will enter into
commercially reasonable arm's length arrangements with respect to the
payment of the fees, and the potential for payment of any such

management fees or carried interest will be fully described in the
applicable offering documents.
    14. Subject to the terms of the applicable limited partnership
agreement (or other constitutive documents), a Fund will be permitted
to enter into transactions involving (a) a UBS Group entity, (b) a
Client Fund or other portfolio company, (c) any Investor or any person
or entity affiliated with an Investor, or (d) any partner or other
investor in any entity in which a Fund invests. These transactions may
include a Fund's purchase or sale of an investment or an interest from
or to any UBS Group entity or Client Fund, acting as principal. Prior
to entering into these transactions, the General Partner (or the
Investment Manager, to whom the General Partner may delegate this
responsibility) must determine that the terms are fair to Investors.
    15. A Fund will not invest more than 15% of its assets in
securities issued by registered investment companies except for
temporary investments in money market funds. A Fund will not acquire
any security issued by a registered investment company if, immediately
after the acquisition, the Fund will own more than 3% of the
outstanding voting stock of the registered investment company.
Applicants state that a Fund may also invest in Client Funds that are
not registered under the Act by virtue of section 3(c)(1) or section
3(c)(7) of the Act.\7\
---------------------------------------------------------------------------

    \7\ Applicants are not requesting any exemption from any
provision of the Act or any rule thereunder that may govern a Fund's
eligibility to invest in a Client Fund relying on section 3(c)(1) or
3(c)(7) of the Act or a Client Fund's status under the Act.
---------------------------------------------------------------------------

    16. Members of the UBS Group and/or unaffiliated third parties may
make loans to Funds and/or to Investors in connection with their
purchase of Interests, provided that a Fund will not borrow from any
person if the borrowing would cause any person not named in section
2(a)(13) of the Act to own outstanding securities of the Fund (other
than short-term paper). Members of the UBS Group may also make
preferred capital contributions to the Funds. In connection with any
leverage of the Fund or preferred capital contributions, Eligible
Employees will not have any personal liability in excess of the amounts
payable under their respective subscription agreements for the
repayment of the loan or preferred capital contribution, including in
the event that, upon liquidation of the Fund, the assets of the Fund
are insufficient to permit the Fund to repay such loan preferred
capital contribution in full. Any leverage or preferred capital
contributions will bear interest at a rate no less favorable to a Fund
or its Investors than that could be obtained on an arm's length basis.
The terms of any leverage or preferred capital contribution provided by
any member of the UBS Group (or third party lender) will be described
in the applicable private placement memorandum and partnership
agreement (or other constitutive documents) as appropriate.

Applicants' Legal Analysis

    1. Section 6(b) of the Act provides, in part, that the Commission
will exempt employees' securities companies from the provisions of the
Act to the extent that the exemption is consistent with the protection
of investors. Section 6(b) provides that the Commission will consider,
in determining the provisions of the Act from which the company should
be exempt, the company's form of organization and capital structure,
the persons who will own and control the company's voting securities,
evidences of indebtedness and other securities, the prices at which
securities issued by the company will be sold and any applicable sales
load, the disposition of the proceeds of the securities issued by the
company, the character of securities in which those proceeds will be
invested, and any relationship between the company and the issuers of
the securities. Section 2(a)(13) defines an employees' securities
company, in relevant part, as any investment company all of whose
securities are beneficially owned (a) by current or former employees,
or persons on retainer, of one or more affiliated employers, (b) by
immediate family members of such persons, or (c) by such employer or
employers, together with any of the persons in (a) or (b).
    2. Section 7 of the Act generally prohibits investment companies
that are not registered under section 8 of the Act from selling or
redeeming their securities. Section 6(e) provides that, in connection
with any order exempting an investment company from any provision of
section 7, certain provisions of the Act, as specified by the
Commission, will be applicable to the company and other persons dealing
with the company as though the company were registered under the Act.
Applicants request an order under sections 6(b) and 6(e) of the Act
exempting the Funds from all provisions of the Act, except section 9
and sections 36 through 53 of the Act, and the rules and regulations
thereunder. With respect to sections 17 and 30 of the Act, and the
rules and regulations thereunder, and rule 38a-1 under the Act, the
exception is limited as set forth in the application.
    3. Section 17(a) generally prohibits any affiliated person of a
registered investment company, or any affiliated person of that person,
acting as principal, from knowingly selling or purchasing any security
or other property to or from the company. Applicants request an
exemption from section 17(a) to permit: (a) A member of the UBS Group
or a Client Fund, acting as principal, to engage in any transaction
directly or indirectly with any Fund or entity controlled by such Fund;
(b) a Fund to invest in or engage in any transaction with any entity,
acting as principal (i) in which such Fund, any company controlled by
such Fund, or any entity within the UBS Group or a Client Fund has
invested or will invest or (ii) with which such Fund, any company
controlled by such Fund or any entity within the UBS Group or a Client
Fund is or will otherwise become affiliated; and (c) a partner or other
investor in any entity in which a Fund invests, acting as principal, to
engage in transactions directly or indirectly with the related Fund or
any company controlled by such Fund.
    4. Applicants state that an exemption from section 17(a) is
consistent with the protection of investors and the purposes of the
Funds. Applicants state that the Investors in each Fund will be
informed of the possible extent of the Fund's dealings with the UBS
Group and of the potential conflicts of interest that may exist.
Applicants also assert that the community of interest among the
Investors and UBS Group will serve to reduce any risk of abuse in
transactions involving a Fund and the UBS Group. Applicants represent
that the requested relief will not extend to any transaction between a
Fund and an Outside Investment Adviser or an affiliated person of the
Outside Investment Adviser, or between a Fund and who is not a member
of the UBS Group or an employee, officer or director of a member of the
UBS Group and is an affiliated person of the Fund as defined in section
2(a)(3)(E) of the Act (``Advisory Person'') or any affiliated person of
such person.
    5. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
any affiliated person of a registered investment company, or any
affiliated person of an affiliated person, acting as principal, from
participating in any joint enterprise, or other joint arrangement,
unless approved by the Commission. Applicants request relief to permit
affiliated persons of each Fund, or affiliated persons of such persons,
to

participate in any joint arrangement in which the Fund or an entity
controlled by the Fund is a participant. Applicants acknowledge that
the requested relief will not extend to any transaction in which an
Outside Investment Adviser or an Advisory Person, or an affiliated
person of either, has an interest.
    6. Applicants assert that compliance with section 17(d) could cause
a Fund to forego investment simply because an affiliate of the Fund has
made, or is contemplating making, the same investment. Applicants also
submit that the types of investment opportunities considered by a Fund
often require each investor to make funds available in an amount that
may be substantially greater than what a Fund may make available on its
own. Applicants state that the possibility that permitting co-
investments by an affiliated person or an affiliated person of an
affiliated person might lead to less advantageous treatment of the Fund
is minimal in light of (a) the UBS Group's intention in establishing a
Fund so as to reward Eligible Employees and to attract and retain
highly qualified personnel, (b) the UBS Group's capital contributions
to the Funds, and (c) the fact that a majority of the directors of the
General Partner or Investment Manager or of the entity controlling the
General Partner or Investment Manager may themselves invest in the
Fund.
    7. Applicants believe that the interests of the Eligible Employees
participating in a Fund will be adequately protected in situations
where condition 3 in the application does not apply. Applicants state
that a Fund may co-invest with an investment fund or separate account,
organized for the benefit of investors who are not affiliated with the
UBS Group, over which a member of the UBS Group exercises investment
discretion (a ``Third-Party Fund''). Applicants assert that, in
structuring a Third-Party Fund, it is common for unaffiliated investors
of such fund to require that the UBS Group invest its own capital in
fund investments, either through the fund or on a side-by-side basis,
and that such UBS Group investment be subject to substantially the same
terms as those applicable to the fund's investment. Applicants state
that it is important to the UBS Group that the interests of the Third-
Party Fund take priority over the interests of the Funds, and that the
activities of the Third-Party Fund not be burdened or otherwise
affected by the activities of the Funds. In addition, applicants
contend that the relationship of a Fund to a Third-Party Fund, in the
context of this application, is fundamentally different from such
Fund's relationship to the UBS Group. Applicants assert that the focus
of, and the rationale for, the protections contained in condition 3 are
to protect the Funds from any overreaching by the UBS Group in the
employer/employee context, whereas the same concerns are not present
with respect to the Funds vis-[agrave]-vis the investors of a Third-
Party Fund.
    8. Section 17(e) of the Act and rule 17e-1 under the Act limit the
compensation an affiliated person may receive when acting as agent or
broker for a registered investment company. Applicants request an
exemption from section 17(e) to permit a UBS Group member (including
the General Partner) acting as agent or broker, to receive placement
fees, financial advisory fees or other compensation in connection with
the purchase or sale by a Fund of securities, subject to the
requirement that placement fees, financial advisory fees or other
compensation is deemed ``usual and customary.'' Applicants state that
for the purposes of the application, fees and other compensation that
is being charged or received by the UBS Group entity will be deemed
``usual and customary'' only if (a) the Fund is purchasing or selling
securities with other unaffiliated third parties, (b) the fees or
compensation being charged to the Fund are also being charged to the
unaffiliated third parties, and (c) the amount of securities being
purchased or sold by the Fund does not exceed 50% of the total amount
of securities being purchased or sold by the Fund and unaffiliated
third parties.
    9. Applicants assert that compliance with section 17(e) would
prevent a Fund from participating in a transaction in which a member of
the UBS Group does not, for other business reasons, wish a Fund to be
treated in a more favorable manner (in terms of lower fees) than
unaffiliated third parties also participating in the transaction.
Applicants assert that the concerns of overreaching and abuse that
section 17(e) and rule 17e-1 were designed to prevent are alleviated by
the conditions that ensure that fees or other compensation paid to
members of the UBS Group are the same as those negotiated at arm's
length with unaffiliated third parties, and the unaffiliated third
parties have as great or greater interest as the Fund in the
transaction as a whole.
    10. Rule 17e-1(b) requires that a majority of directors who are not
``interested persons'' (as defined by section 2(a)(19) of the Act) take
actions and make approvals regarding commissions, fees, or other
remuneration. Applicants request an exemption from rule 17e-1 to the
extent necessary to permit each Fund to comply with the rule without
having a majority of the directors of the General Partner who are not
interested persons take actions and make determinations as set forth in
paragraph (b) of the rule. Applicants state that because all of the
directors of a General Partner will be affiliated persons, without the
relief requested, a Fund could not comply with rule 17e-1. Applicants
state that each Fund will comply with rule 17e-1(b) by having a
majority of the directors of the General Partner take actions and make
approvals as set forth in rule 17e-1. Applicants state that each Fund
will otherwise comply with the requirements of rule 17e-1.
    11. Section 17(f) designates the entities that may act as
investment company custodians, and rule 17f-1 imposes certain
requirements when the custodian is a member of a national securities
exchange. Applicants request an exemption from section 17(f) and rule
17f-1(a) to the extent necessary to permit a member of the UBS Group to
act as custodian for a Fund without a written contract. Applicants also
request an exemption from the rule 17f-1(b)(4) requirement that an
independent accountant periodically verify the assets held by the
custodian . Applicants further request an exemption from rule 17f-
1(c)'s requirement of transmitting to the Commission a copy of any
contract executed pursuant to rule 17f-1. Applicants believe that,
because of the community of interest of all of the parties involved and
the requirement to provide annual audited financial reports, compliance
with these requirements would be unnecessary. Applicants state that
they will comply with rule 17f-1(d), provided that ratification by the
General Partner of any Fund will be deemed to be ratification by a
majority of a board of directors. Applicants state that they will
comply with all other requirements of rule 17f-1.
    12. Section 17(g) and rule 17g-1 generally require the bonding of
officers and employees of a registered investment company who have
access to its securities or funds. Rule 17g-1 requires that a majority
of directors who are not interested persons take certain actions and
give certain approvals relating to fidelity bonding. Applicants request
relief to the extent necessary to permit the General Partner's officers
and directors, who may be deemed to be interested persons, to take the
actions and make the determinations set forth in the rule. Applicants
also request an exemption from the requirements of paragraph (g) of
rule 17g-1 relating to the filing of copies of fidelity bonds and

related information with the Commission and the provision of notices to
the board of directors, and paragraph (h) of rule 17g-1 relating to the
appointment of a person to make the filings and provide the notices
required by paragraph (g). Applicants state that, because all the
directors of the General Partner will be affiliated persons, a Fund
could not comply with rule 17g-1 without the requested relief. Each
Fund will comply with rule 17g-1 by having a majority of the General
Partner's directors take actions and make determinations as set forth
in rule 17g-1. Applicants also state that the Funds will comply with
all other requirements of rule 17g-1.
    13. Section 17(j) and paragraph (b) of rule 17j-1 make it unlawful
for certain enumerated persons to engage in fraudulent or deceptive
practices in connection with the purchase or sale of a security held or
to be acquired by a registered investment company. Rule 17j-1 also
requires that every registered investment company adopt a written code
of ethics and that every access person of a registered investment
company report personal securities transactions. Applicants request an
exemption from the provisions of rule 17j-1, except for the antifraud
provisions of paragraph (b), asserting that these provisions are
unnecessarily burdensome because of the community of interest among the
Investors. The relief requested will only extend to members of the UBS
Group and is not requested with respect to any Outside Investment
Adviser or Advisory Person.
    14. Applicants request an exemption from the requirements in
sections 30(a), 30(b) and 30(e), and the rules under those sections,
that registered investment companies prepare and file with the
Commission and mail to their shareholders certain periodic reports and
financial statements. Applicants contend that the forms prescribed by
the Commission for periodic reports have little relevance to the Funds
and would entail administrative and legal costs that outweigh any
benefit to the Investors. Applicants request exemptive relief to the
extent necessary to permit each Fund to report annually to its
Investors. Applicants also request an exemption from section 30(h) to
the extent necessary to exempt the General Partner of each Fund and any
other person who may be deemed to be a member of an advisory board of a
Fund from filing Forms 3, 4, and 5 under section 16(a) of the Exchange
Act with respect to their ownership of Interests in a Fund. Applicants
assert that, because there will be no trading market and the transfers
of Interests will be severely restricted, these filings are unnecessary
for the protection of investors and burdensome to those required to
make them.
    15. Rule 38a-1 requires investment companies to adopt, implement
and periodically review written policies and procedures reasonably
designed to prevent violation of the federal securities laws, appoint a
chief compliance officer and maintain certain records. Applicants state
that the Funds will comply with rule 38a-1(a), (c) and (d), except that
(a) the board of directors of the General Partner of each Fund will
fulfill the responsibilities assigned to the Fund's board of directors
under the rule, (b) because all members of the board of directors of
the General Partner would be considered interested persons of the
Funds, approval by a majority of the disinterested directors required
by rule 38a-1 would not be obtained, and (c) because the board of
directors of the General Partner do not have any disinterested members,
the Funds will comply with the requirement in rule 38a-1(a)(4)(iv) that
the chief compliance officer meet with the independent directors by
having the chief compliance officer meet with the board of directors of
the General Partner as constituted. Applicants assert that, in view of
the community of interest between the Funds and the General Partners
and Investment Managers, there is no significant benefits to be gained
from imposing the costs of compliance with the other aspects of the
rule on the Funds.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Each proposed transaction to which a Fund is a party otherwise
prohibited by section 17(a) or section 17(d) of the Act and rule 17d-1
thereunder (the ``Section 17 Transactions'') will be effected only if
the General Partner determines that: (a) The terms of the Section 17
Transaction, including the consideration to be paid or received, are
fair and reasonable to the Investors and do not involve overreaching of
the Fund or its Investors on the part of any person concerned; and (b)
the Section 17 Transaction is consistent with the interests of the
Investors, the Fund's organizational documents, and the Fund's reports
to its Investors. In addition, the General Partner will record and
preserve a description of the Section 17 Transactions, the General
Partner's findings, the information or materials upon which the General
Partner's findings are based, and the basis therefore. All such records
will be maintained for the life of the Fund and at least six years
thereafter, and will be subject to examination by the Commission and
its staff. Each Fund will preserve the accounts, books and other
documents required to be maintained in an easily accessible place for
the first two years.
    2. In connection with the Section 17 Transactions, the General
Partner of each Fund will adopt, and periodically review and update,
procedures designed to ensure that reasonable inquiry is made, before
the consummation of any such transaction, with respect to the possible
involvement in the transaction of any affiliated person or promoter of
or principal underwriter for the Funds, or any affiliated person of
such a person, promoter, or principal underwriter.
    3. The General Partner of each Fund will not invest the funds of
the Funds in any investment in which an ``Affiliated Co-Investor'' (as
defined below) has acquired or proposes to acquire the same class of
securities of the same issuer, where the investment involves a joint
enterprise or other joint arrangement within the meaning of rule 17d-1
in which the Fund and an Affiliated Co-Investor are participants,
unless any such Affiliated Co-Investor, prior to disposing of all or
part of its investment, (a) gives the General Partner sufficient, but
not less than one day's notice, of its intent to dispose of its
investment, and (b) refrains from disposing of its investment unless
the Fund has the opportunity to dispose of the Fund's investment prior
to or concurrently with, on the same terms as, and pro rata with the
Affiliated Co-Investor. The term ``Affiliated Co-Investor'' with
respect to a Fund means (a) an ``affiliated person,'' as such term is
defined in section 2(a)(3) of the Act, of the Fund (other than a Third-
Party Fund or a person that is an affiliated person of the Fund solely
because of section 2(a)(3)(B) of the Act); (b) the UBS Group; (c) an
officer or director of a member of the UBS Group; or (d) an entity
(other than a Third-Party Fund) in which a member of the UBS Group acts
as a general partner or has a similar capacity to control the sale or
other disposition of an entity's securities. The restrictions contained
in this condition, however, shall not be deemed to limit or prevent the
disposition of an investment by an Affiliated Co-Investor: (a) to its
direct or indirect wholly-owned subsidiary, to any company (a
``Parent'') of which the Affiliated Co-Investor is a direct or indirect
wholly-owned subsidiary, or to a direct or indirect wholly-owned
subsidiary of its Parent; (b) to immediate family

members of the Affiliated Co-Investor or a trust established for any
Affiliated Co-Investor or any such family member; or (c) when the
investment is comprised of securities that are (i) listed on any
exchange registered as a national securities exchange under section 6
of the Exchange Act; (ii) national market system securities pursuant to
section 11A(a)(2) of the Exchange Act and rule 11Aa2-1 thereunder;
(iii) government securities as defined in section 2(a)(16) of the Act;
or (iv) when the investment is comprised of securities that are listed
on, or traded on, any foreign securities exchange or board of trade
that satisfies regulatory requirements under the law of the
jurisdiction in which such foreign securities exchange or board of
trade is organized similar to those that apply to a national securities
exchange or a national market system.
    4. Each Fund and its General Partner will maintain and preserve,
for the life of each such Fund and at least six years thereafter, such
accounts, books, and other documents as constitute the record forming
the basis for the audited financial statements that are to be provided
to the Investors, and each annual report of the Fund required to be
sent to the Investors, and agree that all such records will be subject
to examination by the Commission and its staff. Each Fund will preserve
the accounts, books and other documents required to be maintained in an
easily accessible place for the first two years.
    5. The General Partner of each Fund will send to each Investor who
had an Interest in the Fund, at any time during the fiscal year then
ended, Fund financial statements that have been audited by independent
accountants. At the end of each fiscal year, the General Partner will
make a valuation or have a valuation made of all of the assets of the
Fund as of such fiscal year end in a manner consistent with customary
practice with respect to the valuation of assets of the kind held by
the Fund. In addition, within 90 days after the end of each fiscal year
of each of the Funds or as soon as practicable thereafter, the General
Partner of each Fund shall send a report to each person who was a
Investor at any time during the fiscal year then ended, setting forth
such tax information as shall be necessary for the preparation by the
Investor of his or her federal and state income tax returns and a
report of the investment activities of the Fund during that year.
    6. If purchases or sales are made by a Fund from or to an entity
affiliated with the Fund solely by reason of a partner or employee of
the UBS Group (a) serving as officer, director, general partner or
investment adviser of the entity, or (b) having a 5% or more investment
in such entity, such individual will not participate in the Fund's
determination of whether or not to effect the purchase or sale.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-09212 Filed 4-22-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Page 3712]
[FR Doc No: 2020-00987]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2019-0029; OMB No. 1660-0115]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Environmental and Historic Preservation Screening Form

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a revision of a currently approved information
collection. In accordance with the Paperwork Reduction Act of 1995,
this notice seeks comments concerning the information collection
activities required to administer the Environmental and Historic
Preservation Screening Form.

DATES: Comments must be submitted on or before March 23, 2020.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2019-0029. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW, 8NE, Washington, DC 20472-
3100.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Beth McWaters-Bjorkman, Environmental
Protection Specialist, FEMA, Grant Programs Directorate,<PHONE_NUMBER>,
<EMAIL_ADDRESS>You may contact the Records
Management Division for copies of the proposed collection of
information at email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FEMA's Grant Programs Directorate (GPD)
awards thousands of grants each year through various grant programs.
These programs award funds for projects used to improve homeland
security and emergency preparedness. The National Environmental Policy
Act of 1969 (NEPA), Public Law 91-190, Sec. 102(B) and (C), 42 U.S.C.
4332, the National Historic Preservation Act of 1966 (NHPA), as
amended, Public Law 89-665, 54 U.S.C. 306108 and a variety of other
environmental and historic preservation laws and Executive Orders
(E.O.) require the Federal government to examine the potential impacts
of its proposed actions on communities, public health and safety, and
cultural, historic, and natural resources prior to undertaking those
actions. The GPD process of considering these potential impacts is
called an environmental and historic preservation (EHP) review which is
employed to examine compliance with multiple EHP authorities through
one consolidated process.
    The 2020 EHP Screening Form does not require any new information,
and includes an appendix with guidance on providing photographs with
the EHP submission. Recipients are no longer required to submit
floodplain and wetlands maps or information about the proposed
project's relationship to an existing master plan.

Collection of Information

    Title: Environmental and Historic Preservation Screening Form.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0115.
    FEMA Forms: FEMA Form 024-0-1, Environmental and Historic
Preservation Screening Form.
    Abstract: NEPA requires each Federal agency to examine the impact
of its actions (including the actions of recipients using grant funds)
on the human environment, to look at potential alternatives to those
actions, and to inform both decision-makers and the public of those
impacts through a transparent process. This Screening Form will
facilitate FEMA's review of recipient actions in FEMA's effort to
comply with the environmental requirements.
    Affected Public: State, Local or Tribal Government; Not-for-Profit
Institutions.
    Number of Respondents: 2,000.
    Number of Responses: 2,000.
    Estimated Total Annual Burden Hours: 16,000.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $871,360. There are no annual costs to respondents'
operations and maintenance costs for technical services. There are no
annual start-up or capital costs. The cost to the Federal Government is
$5,902,832.

Comments

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

Maile Arthur,
Acting Records Management Branch Chief, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2020-00987 Filed 1-21-20; 8:45 am]
 BILLING CODE 9111-46-P


[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Proposed Rules]
[Page 33026]
[FR Doc No: 2017-15051]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 /
Proposed Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0023; A-1-FRL-9965-09-Region 1]

Air Plan Approval; ME; Consumer Products Alternative Control Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Maine Department of Environmental Protection (Maine DEP). The SIP
revision consists of an Alternative Control Plan (ACP) for the control
of volatile organic compound emissions from Reckitt Benckiser's Air
Wick Air Freshener Single Phase Aerosol Spray, issued pursuant to
Maine's consumer products rule. This action is being taken in
accordance with the Clean Air Act.

DATES: Written comments must be received on or before August 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0023 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-2),
Boston, MA 02109-3912, tel.<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules Section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action
rule, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
    For additional information, see the direct final rule which is
located in the Rules Section of this Federal Register.

    Dated: July 5, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-15051 Filed 7-18-17; 8:45 am]
BILLING CODE 6560-50-P


Meeting Summary: Meeting with the Auto Alliance and Industry Representatives

February 27, 2007;  1:30 – 2:30 PM at EPA’s Office of Solid Waste

Representatives from the Environmental Protection Agency’s Office of Solid Waste (OSW) and the Office of General Counsel (OGC) met with representatives of the motor vehicle manufacturing companies and the Alliance of Automobile Manufacturers (AAM) at their request.  The meeting related to the proposed rule for an amendment to Hazardous Waste Code F019.  The list of meeting attendees is shown below.  The industry representatives indicated general support for the proposed rule and stated that they planned to submit written comments during the comment period.  Industry representatives also indicated that they were considering the feasibility of changing the conversion coating process in the future and discussed with EPA whether the F019 exemption might be expanded at some point to include this new process.  Industry did not provide any details of the process, and EPA representatives indicated that a variety of data would be needed for any ultimate decision.  EPA representatives described the complexities and uncertainties of the rule-making process, and indicated that the Agency would consider possible rule-making options when sufficient data are provided.

Name

Affiliation

Phone Number

James Michael

OSW/EPA

703-308-8610

Chichang Chen

OSW/EPA

703-308-0441

Narendra Chaudhari

OSW/EPA

703-308-0454

Becky Cuthbertson

OSW/EPA

703-308-8447

Mark Eads

OSW/EPA

703-308-8615

Robert Kayser

OSW/EPA

703-308-7304

Bob Dellinger

OSW/EPA

703-308-8252

Laurel Celeste

OGC/EPA

202-564-1751

Bill Miller

General Motors

931-486-7471

Lenora Strom

General Motors

248-753-5677

Susan Conti

AAM

202-326-5512

Mitch Berstein

AAM

202-298-1820

Terry Behrman

AAM

202-326-5551

Bill Gaines

Ford Motors

on conference call

Michael Curry

Daimler Chrysler

on conference call

Richard Hamilton

BMW

on conference call


[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Rules and Regulations]
[Pages 70888-70890]
[FR Doc No: 2011-29459]

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

 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0537; FRL-9489-2]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing approval of revisions to the South Coast Air
Quality Management District (SCAQMD) portion of the California State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on July 15, 2011 and concern volatile organic compound (VOC)
emissions from paint thinners and multi-purpose solvents and from
metalworking fluids and direct-contact lubricants. We are approving
local rules that regulate these emission sources under the Clean Air
Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on December 16, 2011.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0537 for
this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at http://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps, multi-volume
reports), and some may not be available in either location (e.g.,
confidential business information (CBI)). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Adrianne Borgia EPA Region IX, (415)
972-3576<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On July 15, 2011 (76 FR 41744), EPA proposed to approve the
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
               Local agency                 Rule No.             Rule title               Amended     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD...................................       1143  Consumer Paint and Multi-purpose     12/03/10     04/05/11
                                                       Solvents.
SCAQMD...................................       1144  Metalworking Fluids and Direct-      07/09/10     04/05/11
                                                       Contact Lubricants.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation. On July 15,
2011 (76 FR 41717), EPA also published a direct final approval of these
rules. Because we received timely public comments, we withdrew this
direct final approval on September 1, 2011 (76 FR 54384).

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received comments from the following parties.
    1. Michael S. Colley, W.M. Barr & Company; letter dated August 15,
2011 and received August 15, 2011 (W.M. Barr).
    2. Pete Founger, WD-40 Company; letter dated August 12, 2011 and
received August 12, 2011 (WD-40).
    The comments and our responses are summarized below.
    Comment #1: W.M. Barr states that rule 1143 effectively requires
reformulation to acetone-based products which are extremely flammable,
creating unnecessary fire risks for consumers and potential liability
for manufacturers.
    Response #1: The District analyzed this issue during local
development of this rule, and determined that,

    Rule 1143 includes rule requirements designed to alert the
consumer that new formulations may be more flammable than their
conventional solvent counterpart. Further, the rule 1143 labeling
requirement is identical to the labeling language recommended in
CARB's consumer products regulation, which was supported as an
acceptable remedy to address the safety concerns initially expressed
by fire authorities. Rule 1143 also includes additional language
that goes beyond CARB's requirements and commits the SCAQMD to
continue conducting ongoing public education and outreach activities
in conjunction with the local fire departments to alert the public
of the dangers of reformulated solvents with flammable or extremely
flammable chemicals. SCAQMD staff met with local fire departments
and related fire agencies and developed educational brochures and
public service announcements to further alert the public of a
potential change in formulations of paint thinners and multi-purpose
solvents. This outreach effort was designed to further alert the
public about the need to review labels for products that may contain
flammable or extremely flammable solvents. Based upon these
considerations, the existing rule was found to have less than
significant fire hazard impacts in the June 2010 Final EA for PAR
1143.\1\

    \1\ Initial Study for Proposed Amended Rule 1143, SCAQMD, August
2010, pages 2-19 to 2-20 (Initial Study).
---------------------------------------------------------------------------

    We also note that this issue has already been resolved in court.
Specifically, the Superior Court of California, County of Los Angeles
denied the petition for writ of mandate by the commenter, which
contended that SCAQMD's Supplemental Environmental Assessment (SEA) did
not comply with CEQA, was inconsistent with the court's prior decision,
and was preempted by State and Federal Law. The court also subsequently
found that there was substantial evidence in the record to support
SCAQMD's conclusion of no significant fire hazard.\2\ EPA has reviewed
the SCAQMD's analysis and the court decision, and does not find basis
in the comment to disapprove rule 1143 for this issue. See also
response to comment 6.
---------------------------------------------------------------------------

    \2\ Superior Court of California, County of Los Angeles Ruling
on Submitted Matter March 29, 2011 Writ of Mandamus, May 16, 2011,
page 2 (Superior Court ruling, May 16, 2011).
---------------------------------------------------------------------------

    Comment #2: W.M. Barr states that they will not distribute certain
acetone-based products in SCAQMD to avoid the increased fire hazard
caused by rule 1143 as discussed in comment 1. W.M. Barr claims this
will result in the loss of several million dollars in annual sales to
their company and possible inadequate supplies of consumer paint
thinners and multi-purpose solvents in SCAQMD.
    Response #2: As discussed in response to comment 1, we concur with
SCAQMD and court determinations that the rule does not create a
significant new fire hazard. The District further provided a detailed
Final

Socioeconomic Assessment \3\ for rule 1143 showing that cost-effective
controls are available. W.M. Barr has provided no new information to
undermine this analysis, but merely stated that they will choose not to
provide certain products subject to the rule. Since controls are cost-
effective, we assume other companies will provide them, and we cannot
disapprove the rule merely to protect the commenter's market share.
Lastly, we note that, ``(m)any of the solvent technologies certified
under the District's Clean Air Solvent (CAS) program have utility as
consumer paint thinners and multi-purpose solvents. The most common and
effective cleaners that meet this criteria are water-based or aqueous
cleaners that contain little or no VOCs.'' \4\ Additionally, based on
2008 data, the District concluded that 92.7% of all architectural
coatings sold were of waterborne chemistry, while coatings that
required thinning with solvents accounted for only 0.28% of the total
inventory.\5\ District data shows that the trend continues to favor
waterborne coatings as the 2010 data indicates that 93.2% of the
coatings sold were of waterborne chemistry.\6\ Therefore, the need for
commercial high-VOC solvents and thinners is relatively small and
continues to decrease.
---------------------------------------------------------------------------

    \3\ Final Socioeconomic Assessment for Proposed Rule 1143--
Consumer Paint Thinners and Multi-purpose Solvents, SCAQMD, February
2009, pages 3 and 10 (Socioeconomic Assessment).
    \4\ SCAQMD Final Staff Report of Rule 1143--Consumer Paint
Thinners and Multi-Purpose Solvents, March 6 2010 (Staff Report,
March 6 2010), page 4.
    \5\ SCAQMD Final Staff Report for Proposed Rule 1143--Consumer
Paint Thinners and Multi-Purpose Solvents, July 2010 (Staff Report,
July 2010), page 27.
    \6\ 2008 Annual quantity and emissions reports submitted by the
Architectural Coatings Manufacturers pursuant to SCAQMD rule 314,
Fees for Architectural Coatings, amended May 16, 2011 (2008
Architectural Coating sales data).
---------------------------------------------------------------------------

    Comment #3: W.M. Barr comments that EPA should conduct further
independent evaluation of whether rule 1143 constitutes reasonably
available control technology (RACT).
    Response #3: CAA Section 182(b)(2) requires RACT for all major VOC
sources. However, States are not limited, in the CAA, to implementing
RACT and may, particularly for extreme Ozone nonattainment areas like
South Coast, need more stringent requirements to fulfill attainment and
other requirements of CAA Sections 110 and part D. Rule 1143 is
intended to exceed RACT requirements because the rule largely applies
to consumer product distributors and users who fall below the major
source threshold and therefore do not require RACT. In addition, EPA
approved South Coast's demonstration of RACT in 2007,\7\ which did not
rely on rule 1143 controls. See also response to comments 4 and 5.
---------------------------------------------------------------------------

    \7\ 40 CFR 52.220(c)(358).
---------------------------------------------------------------------------

    Comment #4: W.M. Barr states that rule 1143 is not RACT because it:
(a) Does not exempt low vapor pressure VOCs as does CARB; and (b)
phases in the 25 grams/liter VOC standard more quickly and without the
qualifications that are allowed by CARB.
    Response #4: The District has concluded ``that ample technology and
over 150 compliant products are available,'' \8\ so a low vapor
pressure exemption and slower phase-in of the 25 grams/liter limit are
not needed. Nonetheless, even if we agreed with the comment that the
lack of low vapor pressure exemption and the accelerated phase-in of
the 25 g/l standard are not reasonably available, nothing in section
182(b)(2) or elsewhere in the CAA prohibits States from incorporating
into the SIP provisions more stringent than RACT. See also response to
comments 3 and 5.
---------------------------------------------------------------------------

    \8\ Staff Report, March 6 2010, page 29.
---------------------------------------------------------------------------

    Comment #5: W.M. Barr comments that technology is only ``reasonably
available'' where it would expedite attainment, which is not
necessarily the case for rule 1143.
    Response #5: Here and elsewhere, the commenter confuses CAA RACT
requirements as a control ceiling instead of a floor. For purposes of
CAA Section 172(c)(1), for example, EPA may only require States to
include Reasonably Available Control Measures (RACM) that will
accelerate attainment. However, nothing in section 172(c)(1) or
elsewhere in the Act prohibits States from incorporating more stringent
requirements in SIPs. We also note that, based on the Draft
Supplemental Environmental Assessment, \9\ consumer products with VOC
limits meeting rule 1143 are available. In addition, we note that the
District believes the amended rule will result in a total reduction of
9.75 tons/day by January 1, 2012, which contributes towards the
District's progress to attainment.\10\ See also response to comments 3
and 4.
---------------------------------------------------------------------------

    \9\ June 2010 Final Supplemental Environmental Assessment for
Proposed Amended Rule 1143--Consumer Paint Thinners and Multi-
Purpose Solvents, page 9 (Final SEA June 2010).
    \10\ December 2010 Staff Report for PAR 1143, SCAQMD, page 1
(December 2010 Staff Report).
---------------------------------------------------------------------------

    Comment #6: W.M. Barr does not believe that CARB's submittal to EPA
of rule 1143 fulfilled the CAA requirement for State authority to adopt
and implement the rule. W.M. Barr has filed legal action challenging
rule 1143 and, until this action is resolved, it is unclear whether
California has authority to adopt and implement this rule.
    Response #6: A summary of W.M Barr's legal action against SCAQMD
regarding rule 1143 is outlined in the July 2010 Final Staff Report for
Proposed Amended rule 1143.\11\ On April 1, 2009, W.M. Barr filed a
challenge to rule 1143, alleging violations of California Environmental
Quality Act (CEQA) and of the District's certified regulatory program
codified in rule 110. On April 1, 2010, SCAQMD's motion to dismiss was
granted in part, but the judgment and writ required SCAQMD to vacate
the final VOC limits of 25 g/l and prepare a CEQA document to address
the potential fire hazard issue.\12\ On March 29, 2011, SCAQMD
submitted documentation for the remedial actions and on May 16 2011,
the court ruled in favor of the District noting:
---------------------------------------------------------------------------

    \11\ December 2010 Staff Report, page 1.
    \12\ Superior Court of California for the County of Los Angeles
Transcript of Proceedings of Case BS 119869, pages 4-7 (April 2010
Court ruling).

    The SEA described the conventional solvents used in paint
thinners and multi-purpose solvents and likely replacement solvents.
The SEA also described the relative flammability of each product * *
* The OSFM and Chief Bunting provided detailed comments * * *
Experts agreed that the consumer warning programs established by
CARB and SCAQMD will avoid any potentially significant fire hazards.
There is now substantial evidence in record to support SCAQMD
conclusion of no significant fire hazard.\13\
---------------------------------------------------------------------------

    \13\ April 2010 Court ruling, page 2.

The comment has not described any additional legal challenge to justify
EPA delaying SIP action on SIP submittal of this rule.
    Comment #7: WD-40 states that rule 1144 is ambiguous and
unenforceable because it is not clear whether the rule applies to
direct-contact lubricants used on all substrates or only metal.
    Response #7: We agree that the rule could be clearer in this
regard. However, the plain reading of both the rule title and the
applicability section suggest that the rule is focused only on metal
substrates. SCAQMD staff support material and response to this comment
similarly clarify SCAQMD's intent to regulate only metal
substrates.\14\ We expect that this clarification somewhat addresses
any compliance concerns for the commenter. While we recommend that
SCAQMD further clarify this rule in the future, this minor ambiguity
does

not justify less than full SIP approval of the rule at this time.
---------------------------------------------------------------------------

    \14\ Email from Michael Morris (SCAQMD) to Adrianne Borgia (EPA)
regarding, ``Comment Letter from WD-40,'' August 25, 2011.
---------------------------------------------------------------------------

    Comment #8: WD-40 commented that the SIP emission credits
associated with this rule are based on outdated data and are
significantly low if the rule covers more than just metal working
facilities.
    Response #8: The rule specifically states that it covers all VOC
containing fluids used for metalworking and for metal protection. The
exact amount of emission credit associated with this rule is not
relevant to the action on whether to approve the rule into the
federally-enforceable SIP.
    Comment #9: WD-40 further stated that rule 1144 does not meet RACT
because it: (a) does not exempt small containers; and (b) does not
allow low vapor pressure VOCs as do other EPA and CARB regulations.
    Response #9: States are not limited to implementing RACT and may,
particularly for extreme Ozone nonattainment areas like South Coast,
need more stringent requirements to fulfill attainment and other
requirements of CAA Sections 110 and part D. See also response to
comments 3, 4 and 5.

III. EPA Action

    No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
these rules into the California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds].

    Dated: October 21, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(388)(i)(A) to
read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (388) New and amended regulations for the following APCD were
submitted on April 5, 2011 by the Governor's Designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District--SCAQMD)
    (1) Rule 1143, ``Consumer Paint Thinners & Multi-purpose
Solvents,'' adopted on March 6, 2009 and amended December 3, 2010.
    (2) Rule 1144, ``Metal Working Fluids and Direct-Contact
Lubricants,'' adopted on March 6, 2009, and amended July 9, 2010.
* * * * *
[FR Doc. 2011-29459 Filed 11-15-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Pages 78986-78988]
[FR Doc No: 2010-31707]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-40-000; CP10-34-000]

East Cheyenne Gas Storage, LLC; Notice of Intent To Prepare an
Environmental Assessment for the East Cheyenne Gas Storage Project Well
Plan Amendment and Request for Comments On Environmental Issues

December 13, 2010.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Well Plan Amendment proposed
by East Cheyenne Gas Storage, LLC (East Cheyenne). The proposed project
would amend the East Cheyenne Gas Storage Project, authorized by the
Commission on August 2, 2010 under Docket No. CP10-34-000, which
consists of construction and operation of facilities in Logan County,
Colorado. The proposed amendment primarily involves redeveloping a
number of existing oil production wells in the West Peetz and Lewis
Creek Fields to gas storage injection/withdrawal (I/W) wells. This EA
will be used by the Commission in its decision-making process to
determine whether the project amendment is in the public convenience
and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project amendment. Your input will help the Commission
staff determine what issues need to be evaluated in the EA. Please note
that the scoping period will close on January 13, 2011.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives are asked to notify their constituents of this planned
project amendment and encourage them to comment on their areas of
concern.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice East Cheyenne provided to landowners. This fact sheet
addresses a number of typically-asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.
It is also available for viewing on the FERC Web site (http://www.ferc.gov).

Summary of the Proposed Project

    The authorized East Cheyenne Gas Storage Project consists of
construction and operation of a natural gas storage facility in two
nearly depleted oil production fields in Logan County, Colorado. Prior
to, and concurrent with development of the gas storage fields, East
Cheyenne planned to do enhanced oil recovery (EOR) of petroleum
reserves remaining in the storage fields. East Cheyenne's activities to
date have included the conversion or plugging of existing wells in the
West Peetz Field. The East Cheyenne Gas Storage Project is anticipated
to have an initial working gas storage capacity of approximately 9.8
billion cubic feet (Bcf), which would increase to approximately 18.9
Bcf between 3 and 5 years after operation begins.
    The proposed Well Plan Amendment consists of the following changes
to the East Cheyenne Gas Storage Project:
     Conversion of 14 existing vertical oil production wells
into natural gas storage I/W wells;
     Relocation of two of the certificated I/W wells, and the
development of these wells as vertical wells rather than horizontal
wells;
     Relocation of two of the originally certificated
monitoring wells and the addition of three monitoring wells, using
existing well pads and well bores;
     Reduction of the number of water disposal wells from four
to three;
     Construction of additional gathering lines necessary to
connect the additional and relocated wells;
     Conversion of 17 originally proposed and certificated
temporary access roads to permanent access roads;
     Elimination of the temporary West Peetz Compressor
Station; and
     Modification of the equipment to be used in the Process
Facility to incorporate certain equipment previously included as part
of the temporary West Peetz Compressor Station.
    East Cheyenne proposes to amend its project because of recently
acquired information about the existing conditions in the J Sands
reservoir. As part of its EOR activities, East Cheyenne has reentered
and evaluated the adequacy of previously plugged and abandoned wells
and at the same time tested the characteristics of the reservoir. In
response to new information, East Cheyenne undertook additional
consultation and performed additional reservoir modeling. These
consultations and modeling efforts suggest that the optimal method of
commencing storage development and early storage operations will
require an increased number of I/W wells and the conversion of
horizontal wells to vertical wells.
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
http://www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    The approved East Cheyenne Gas Storage Project involved storing
natural gas in nearly depleted reservoirs that underlie an area of
approximately 2,360 acres, with an additional 3,400 acres serving as a
storage buffer area. The

additional proposed facilities would all be located in previously
surveyed areas within the project site. Construction of the proposed
facilities within that area would require in total approximately 485.84
acres of land; an increase of 89.33 acres from the original project
total of 396.51 acres. Following construction, about 201.39 acres would
be maintained within the permanent right-of-way; an increase of 50.61
acres from the original project total of 150.78 acres. The remaining
284.45 acres of land would be restored and allowed to revert to its
former use.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. All comments
received will be considered during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project amendment under
these general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species; and
     Public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project amendment, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be presented in the EA.
The EA will be placed in the public record and, depending on the
comments received during the scoping process, may be published and
distributed to the public. A comment period will be allotted if the EA
is published for review. We will consider all comments on the EA before
we make our recommendations to the Commission. To ensure your comments
are considered, please carefully follow the instructions in the Public
Participation section below.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. Agencies that would like to request cooperating
agency status should follow the instructions for filing comments
provided under the Public Participation section of this notice.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project amendment. Your comments should
focus on the potential environmental effects, reasonable alternatives,
and measures to avoid or lessen environmental impacts. The more
specific your comments, the more useful they will be. To ensure that
your comments are timely and properly recorded, please send your
comments so that they will be received in Washington, DC on or before
January 13, 2011.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP11-40-000) with your submission.
The Commission encourages electronic filing of comments and has expert
eFiling staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at http://www.ferc.gov under the link to Documents and Filings. An eComment is an
easy method for interested persons to submit brief, text-only comments
on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at http://www.ferc.gov under the link to Documents and Filings. With eFiling you
can provide comments in a variety of formats by attaching them as a
file with your submission. New eFiling users must first create an
account by clicking on ``eRegister.'' You will be asked to select the
type of filing you are making. A comment on a particular project is
considered a ``Comment on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials; Native
American Tribes; other interested parties; and local libraries and
newspapers. This list also includes all affected landowners (as defined
in the Commission's regulations) who are potential right-of-way
grantors, whose property may be used temporarily for project purposes,
or who own homes within certain distances of aboveground facilities,
and anyone who submits comments on the project. We will update the
environmental mailing list as the analysis proceeds to ensure that we
send the information related to this environmental review to all
individuals, organizations, and government entities interested in and/
or potentially affected by the proposed project.
    If the EA is published for distribution, copies will be sent to the
environmental mailing list for public review and comment.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are
included in the User's Guide under the ``e-filing'' link on the
Commission's website.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at http://www.ferc.gov using the ``eLibrary'' link. Click
on the eLibrary link, click on ``General Search'' and enter the docket
number, excluding the last three digits in the Docket Number field
(i.e., CP11-40). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the

texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-31707 Filed 12-16-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57597-57598]
[FR Doc No: 2017-26245]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission and Commission Staff Attendance at
Midcontinent Independent System Operator, Inc. Meetings

    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission and its staff may attend the following MISO-
related meetings: MISO Board of Directors Meeting, December 7, 2017,
8:30 a.m.-11:00 a.m.
    Unless otherwise noted, all of the meetings above will be held at:
MISO Headquarters, 720 City Center Drive, Carmel, IN 46032-7574.
    Further information and dial in instructions may be found at
https://www.misoenergy.org. All meetings are Eastern Time.
    The discussions may address matters at issue in the following
proceedings:
Docket No. ER16-1766, Midcontinent Independent System Operator, Inc.
Docket No. EL16-108, Tilton Energy v. Midcontinent Independent System
Operator, Inc.
Docket No. ER16-2225, Midcontinent Independent System Operator, Inc.
Docket No. ER16-2355, Midcontinent Independent System Operator, Inc.
Docket No. ER17-215, Midcontinent Independent System Operator, Inc.
Docket No. ER12-1266, Midcontinent Independent System Operator, Inc.
Docket No. ER17-67, Midcontinent Independent System Operator, Inc.
Docket No. ER17-827, Midcontinent Independent System Operator, Inc.
Docket No. ER17-305, Midcontinent Independent System Operator, Inc.
Docket No. ER17-892, Midcontinent Independent System Operator, Inc.
Docket No. ER17-156, Midcontinent Independent System Operator, Inc.
Docket No. ER16-2534, Midcontinent Independent System Operator, Inc.
Docket No. ER17-1376, Midcontinent Independent System Operator, Inc.
Docket No. ER17-1570, Midcontinent Independent System Operator, Inc.
Docket No. ER17-1571, Midcontinent Independent System Operator, Inc.
Docket No. ER17-1712, Midcontinent Independent System Operator, Inc.
Docket No. ER17-1376, Midcontinent Independent System Operator, Inc.
Docket No. ER17-2097, Midcontinent Independent System Operator, Inc.
Docket No. ER17-2113, Midcontinent Independent System Operator, Inc.
Docket No. ER17-1712, Midcontinent Independent System Operator, Inc.
Docket No. ER17-215, Midcontinent Independent System Operator, Inc.
Docket No. ER17-2220, Midcontinent Independent System Operator, Inc.
Docket No. ER17-2323, Midcontinent Independent System Operator, Inc.
Docket No. ER16-2225, Midcontinent Independent System Operator, Inc.
Docket No. ER16-2355, Midcontinent Independent System Operator, Inc.
Docket No. ER17-2552, Midcontinent Independent System Operator, Inc.
Docket No. ER18-12, Midcontinent Independent System Operator, Inc.
Docket No. ER18-23, Midcontinent Independent System Operator, Inc.
Docket No. ER18-31, Midcontinent Independent System Operator, Inc.
Docket No. ER18-39, Midcontinent Independent System Operator, Inc.
Docket No. ER18-40, Midcontinent Independent System Operator, Inc.
Docket No. ER18-41, Midcontinent Independent System Operator, Inc.
Docket No. ER18-42, Midcontinent Independent System Operator, Inc.
Docket No. ER18-44, Midcontinent Independent System Operator, Inc.
Docket No. ER17-2097, Midcontinent Independent System Operator, Inc.
Docket No. ER18-56, Midcontinent Independent System Operator, Inc.
Docket No. EL18-7, Midcontinent Independent System Operator, Inc.
Docket No. ER18-75, Midcontinent Independent System Operator, Inc.
Docket No. ER18-149, Midcontinent Independent System Operator, Inc.
Docket No. ER18-146, Midcontinent Independent System Operator, Inc.
Docket No. ER18-136, Midcontinent Independent System Operator, Inc.
Docket No. ER18-170, Midcontinent Independent System Operator, Inc.
Docket No. ER18-193, Midcontinent Independent System Operator, Inc.
Docket No. ER18-224, Midcontinent Independent System Operator, Inc.
Docket No. ER17-721, Midcontinent Independent System Operator, Inc.

    These meetings are open to the public.

    For more information, contact Christopher Miller, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5936 or [email protected].

    Dated: November 30, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-26245 Filed 12-5-17; 8:45 am]
 BILLING CODE 6717-01-P