[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Rules and Regulations]
[Pages 30590-30593]
[FR Doc No: 2019-13603]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0447; Product Identifier 2018-CE-055-AD; Amendment
39-19667; AD 2019-12-12]
RIN 2120-AA64

Airworthiness Directives; Piper Aircraft, Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Piper Aircraft, Inc. (Piper) Model PA-46-600TP (M600)
airplanes. This AD requires inserting a ground operations limitation
into the Limitations section of the airplane flight manual (AFM) and
installing a placard limiting ground operations. This AD also includes
optional actions to terminate the ground operating limitations. This AD
was prompted by a report of understrength rivets installed during
manufacture of the bulkhead assembly. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective July 12, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 12,
2019.
    The FAA must receive comments on this AD by August 12, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960;
telephone:<PHONE_NUMBER>; internet: www.piper.com. You may view this
service information at the

FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0447.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0447; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations is listed
above. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Aerospace Engineer, FAA,
Atlanta ACO Branch, 1701 Columbia Avenue, College Park, Georgia 30337;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA received a report from Piper that incorrect rivets were
installed in the bulkhead assembly at fuselage station (FS) 79.00
during the manufacture of certain serial-numbered Model PA-46-600TP
(M600) airplanes. The rivets were not in accordance with the type
design drawing, nor did they meet the strength requirements of the
aircraft design. This condition, if not corrected, could result in
failure of the rivets, which could lead to structural failure of the
bulkhead assembly and loss of control of the airplane. The FAA is
issuing this AD to correct the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Piper Service Bulletin No. 1332A, dated January
29, 2019. The service bulletin contains procedures for inserting the
temporary ground operating limitation into the pilot's operating
handbook (POH) and installing a placard with the temporary ground
operating limitation, either a fabricated placard or placard part
number 46G110013-702, in the airplane cockpit. The service bulletin
also contains procedures for inspecting the FS 79.00 bulkhead assembly
for cracks, wrinkling, or missing rivets and for replacing the
understrength rivets with new rivets. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination

    The FAA is issuing this AD because the FAA evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

AD Requirements

    This AD requires inserting a ground operating limitation into the
Limitations section of the AFM and installing a placard in the airplane
cockpit that limits ground operations. This AD also includes an
optional action to terminate the ground operating limitation by
replacing the rivets to reinforce the bulkhead assembly. Although
Piper's service information specifies inserting the operating
limitation into the POH, Piper's POH for the Model PA-46-600TP
constitutes its FAA-approved AFM.

Interim Action

    The FAA considers this AD interim action. The FAA may require
replacement of the rivets to reinforce the bulkhead assembly. However,
the planned compliance time for the replacement of the rivets would
allow enough time to provide notice and opportunity for prior comment
on the merit of the replacement.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because the required corrective actions must be accomplished before
further flight. Providing prior notice and comment would delay
implementing these safety actions needed to correct this known unsafe
condition, which could result in structural failure of the FS 79.00
bulkhead, resulting in loss of control of the airplane. Therefore, the
FAA finds good cause that notice and opportunity for prior public
comment are impracticable. In addition, for the reason stated above,
the FAA finds that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2019-
0447 and Product Identifier 2018-CE-055-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
    The FAA will post all comments the FAA receives, without change, to
http://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this final rule.

Costs of Compliance

    The FAA estimates that this AD affects 69 airplanes, of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Insert the ground operating limitation  1 work-hour x $85 per              $6.00             $91          $6,279
 into the AFM and install placard        hour = $85.
 limiting ground operations.
----------------------------------------------------------------------------------------------------------------

                                           Optional Terminating Action
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Optional terminating action to replace  100 work-hours x $85 per            $200          $8,700        $600,300
 rivets.                                 hour = $8,500.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage for affected
individuals. As a result, the FAA has included all costs in their cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2019-12-12 Piper Aircraft, Inc.: Amendment 39-19667; Docket No. FAA-
2019-0447; Product Identifier 2018-CE-055-AD.

(a) Effective Date

    This AD is effective July 12, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Piper Aircraft, Inc., Model PA-46-600TP
(M600) airplanes, serial numbers 4698001, 4698004 through 4698010,
4698012 through 4698016, and 4698018 through 4698076, certificated
in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 5312, bulkhead.

(e) Unsafe Condition

    This AD was prompted by a report of understrength rivets
installed on the bulkhead assembly during manufacture. The FAA is
issuing this AD to prevent failure of the understrength rivets,
which could lead to structural failure of the fuselage station (FS)
79 bulkhead with consequent loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Ground Operating Limitation

    (1) Before further flight after July 12, 2019 (the effective
date of this AD), insert the ground operations limitation into the
Limitations section of the airplane flight manual (AFM) and install
on the airplane cockpit instrument panel a placard limiting ground
operations by following the Instructions, Part I Temporary Ground
Operating Limitation, of Piper Aircraft, Inc., Service Bulletin No.
1332A, dated January 29, 2019 (Piper SB No. 1332A).

    Note 1 to paragraph (g)(1) and (h)(2) of this AD:  The Piper
Aircraft, Inc. pilot's operating handbook for the Model PA-46-600TP
(M600) airplane constitutes its FAA-approved AFM.

    (2) The actions required by paragraph (g)(1) of this AD may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with 14 CFR 43.9
(a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417, 121.380, or 135.439.

(h) Optional Action To Terminate the Ground Operating Limitation

    (1) After July 12, 2019 (the effective date of this AD), you may
replace the FS 79.00 bulkhead rivets in accordance with the
Instructions, Part II Rework, of Piper SB No. 1332A.
    (2) If the FS 79.00 bulkhead rivets have been replaced as
specified in paragraph (h)(1) of this AD, you may remove the AFM
revision and placard required by paragraph (g) of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions in paragraphs (g)
and (h) of this AD, if those actions were performed before July 12,
2019 (the effective date of this AD) using Piper Aircraft, Inc. SB
No. 1332, dated October 16, 2018.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO Branch, FAA, has the authority to
approve AMOCs

for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (k) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Dan McCully,
Aerospace Engineer, FAA, Atlanta ACO Branch, 1701 Columbia Avenue,
College Park, Georgia 30337; telephone:<PHONE_NUMBER>; fax: (404)
474-5606; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Piper Aircraft, Inc. Service Bulletin No. 1332A, dated
January 29, 2019.
    (ii) [Reserved]
    (3) For Piper Aircraft, Inc. service information identified in
this AD, contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach,
FL 32960; telephone:<PHONE_NUMBER>; internet: www.piper.com/technical-publications-documents/.
    (4) You may view this service information at FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 17, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation
Division, AIR-601.
[FR Doc. 2019-13603 Filed 6-26-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82260-82261]
[FR Doc No: 2023-25981]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0908]
RIN 1625-AA00

Safety Zone; Lake Charles, Lake Charles, LA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within a 1,000-foot radius of a fireworks launch
barge in Lake Charles, LA. This safety zone is necessary to protect
persons and vessels from hazards associated with a fireworks display.
This regulation prohibits persons and vessels from entering the safety
zone unless authorized by the Captain of the Port, Marine Safety Unit
Port Arthur, or a designated representative.

DATES: This rule is effective from 7 p.m. until 10 p.m. on November 25,
2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0908 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Mache Mason, U.S. Coast Guard; telephone 337-
912-0073, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The NPRM process
would delay the establishment of the safety zone until after the
fireworks event on November 25, 2023, and compromise public safety. The
Coast Guard must establish this temporary safety zone immediately and
lacks sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
impracticable because the Coast Guard must establish this safety zone
by November 25, 2023, to respond to the potential safety hazards
associated with the fireworks event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
700034. The Captain of the Port Marine Safety Unit Port Arthur (COTP)
has determined that potential hazards associated with the fireworks
display at this location would be a safety concern for spectator craft
and vessels in the vicinity of the designated launch location. The
purpose of this rule is to ensure safety of vessels and the navigable
waters in the safety zone before, during, and after the scheduled
event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 p.m. until 10 p.m. on
November 25, 2023. The safety zone will cover all navigable waters
within a 1000-foot radius of a fireworks launch barge located at
30[deg]13'45'' N and 93[deg]13'34'' W. The duration of the safety zone
is intended to protect participants, spectators, and other persons and
vessels, in the nearby navigable waters during the fireworks display.
    No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on size, location,
and duration of the safety zone. Smaller vessel traffic will be able to
safely transit around this safety zone which would impact a small,
designated area of Lake Charles for 3 hours. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow vessels to seek permission to
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture

Regulatory Enforcement Ombudsman and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal Government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting only 3 hours that will prohibit entry within a
1000-foot radius of a fireworks launch barge. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T08-0908 to read as follows:

Sec.  165.T08-0908  Safety Zone; Lake Charles, Lake Charles, LA

    (a) Location. All navigable waters within a 1000-ft radius of the
fireworks barge anchored in approximate position 30[deg]13'45'' N and
093[deg]13'34'' W, on Lake Charles.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Marine Safety Unit Port Arthur (COTP) in the
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulation in
subpart C of this part, entry of vessels or persons into this zone is
prohibited unless authorized by the COTP or a designated
representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 13 or 16, or by phone at telephone at
337-912-0073.
    (3) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
    (4) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
    (d) Enforcement period. This section will be enforced from 7 p.m.
to 10 p.m. on November 25, 2023.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Broadcast Notices to Mariners and/or Marine Safety
Information Bulletins as appropriate.

    Dated: November 17, 2023.
A.R. Migliorini,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2023-25981 Filed 11-22-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Notices]
[Pages 64230-64234]
[FR Doc No: 2016-22427]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-32261; File No. 812-14453]

AB Private Credit Investors Corporation, et al.; Notice of
Application

September 13, 2016.
AGENCY: Securities and Exchange Commission (``Commission'').

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

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

APPLICANTS:  AB Private Credit Investors Corporation (``AB BDC I''), AB
Private Credit Investors Middle Market Direct Lending Fund, L.P. (``AB
PCI Fund I''), AB Energy Opportunity Fund, L.P. (``AB Energy Fund,''
and together with AB PCI Fund I, the ``Existing Affiliated Funds''),
and AB Private Credit Investors LLC (``AB-PCI''), on behalf of itself
and its successors.\1\
---------------------------------------------------------------------------

    \1\ The term ``successor,'' as applied to each AB-PCI Adviser
(defined below), means an entity that results from a reorganization
into another jurisdiction or change in the type of business
organization.

FILING DATES:  The application was filed on April 30, 2015, and amended
---------------------------------------------------------------------------
on October 5, 2015 and May 24, 2016.

HEARING OR NOTIFICATION OF HEARING:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on October 7, 2016, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES:  Brent J. Fields, Secretary, U.S. Securities and Exchange
Commission, 100 F St. NE., Washington, DC 20549-1090. Applicants, 1345
Avenue of the Americas, New York, NY 10105.

FOR FURTHER INFORMATION CONTACT:  Christine Y. Greenlees, Senior
Counsel, at<PHONE_NUMBER>, or Mary Kay Frech, Branch Chief, at (202)
551-6821 (Chief Counsel's Office, Division of Investment Management).

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

Applicants' Representations

    1. AB BDC I, a Maryland corporation, is organized as a closed-end
management investment company that will elect to be regulated as a BDC
under section 54(a) of the Act prior to the effectiveness of the
requested order.\2\ AB BDC I's Objectives and Strategies \3\ are to
principally generate current income through direct investments in
private loans and notes and, to a lesser extent, long-term capital
appreciation through private equity investments. The board of directors
of AB BDC I (the ``AB BDC I Board'') is comprised of three directors.
The AB BDC I Board and any board of directors of a Future Regulated
Fund (defined below) (the ``Boards'' and each a ``Board'') will be
comprised of directors, a majority of whom will not be ``interested
persons,'' within the meaning of section 2(a)(19) of the Act (the
``Non-Interested Directors''), of AB BDC I or any Future Regulated
Fund.
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    \2\ Section 2(a)(48) defines a BDC to be any closed-end
investment company that operates for the purpose of making
investments in securities described in sections 55(a)(1) through
55(a)(3) of the Act and makes available significant managerial
assistance with respect to the issuers of such securities.
    \3\ ``Objectives and Strategies'' means a Regulated Fund's
(defined below) investment objectives and strategies, as described
in the Regulated Fund's registration statement on Form N-2 or Form
10-12G, as applicable, other filings the Regulated Fund has made
with the Commission under the Securities Act of 1933 (the
``Securities Act''), or under the Securities Exchange Act of 1934,
and the Regulated Fund's reports to shareholders.
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    2. AB PCI Fund I is a Delaware limited partnership that is exempt
from registration pursuant to section 3(c)(7) of the Act. AB PCI Fund
I's investment objective and strategies are to generate both current
income and long-term capital appreciation through debt and equity
investments.
    3. AB Energy Fund is a Delaware limited partnership that is exempt
from registration pursuant to section 3(c)(7) of the Act. AB Energy
Fund's investment objective and strategies are to generate attractive
risk-adjusted returns, through current income and capital gains, by
capitalizing on private and public debt and equity investment
opportunities in North American oil and gas producers.
    4. AB-PCI, a Delaware limited liability company, is registered with
the Commission as an investment adviser under the Investment Advisers
Act of 1940 (the ``Advisers Act''). AB-PCI is a wholly-owned subsidiary
of AllianceBernstein L.P., a New York based global asset management
firm. AB-PCI will serve as investment adviser to AB BDC I and currently
serves as investment adviser to the Existing Affiliated Funds.
    5. Applicants seek an order (``Order'') to permit one or more
Regulated Funds \4\ and/or one or more Affiliated Funds \5\ to
participate in the same investment opportunities through a proposed co-
investment program (the ``Co-Investment Program'') where such
participation would otherwise be prohibited under section 57(a)(4) and
rule 17d-1 by (a) co-investing with each other in securities issued by
issuers in private placement transactions in which an AB-PCI Adviser
negotiates terms in addition to price; \6\ and (b) making additional
investments in securities of such issuers, including through the
exercise of warrants, conversion privileges, and other rights to
purchase securities of the issuers (``Follow-On Investments''). ``Co-
Investment Transaction'' means any transaction in which a Regulated
Fund (or its Wholly-Owned Investment Sub, defined below) participated
together with one or more other Regulated Funds and/or one or more
Affiliated Funds in reliance on the requested Order. ``Potential Co-
Investment Transaction'' means any investment opportunity in which a
Regulated Fund (or its Wholly-Owned Investment Sub) could not
participate together with one or more Affiliated Funds and/or one or
more other Regulated Funds without obtaining and relying on the
Order.\7\
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    \4\ ``Regulated Fund'' means AB BDC I and any Future Regulated
Fund. ``Future Regulated Fund'' means any closed-end management
investment company (a) that is registered under the Act or has
elected to be regulated as a BDC, (b) whose investment adviser is an
AB-PCI Adviser, and (c) that intends to participate in the Co-
Investment Program. The term ``AB-PCI Adviser'' means (a) AB-PCI and
(b) any future investment adviser that is controlled by AB-PCI and
is registered as an investment adviser under the Advisers Act.
    \5\ ``Affiliated Fund'' means the Existing Affiliated Funds and
any Future Affiliated Fund. ``Future Affiliated Fund'' means any
entity (a) whose investment adviser is an AB-PCI Adviser, (b) that
would be an investment company but for section 3(c)(1) or 3(c)(7) of
the Act, and (c) that intends to participate in the Co-Investment
Program.
    \6\ The term ``private placement transactions'' means
transactions in which the offer and sale of securities by the issuer
are exempt from registration under the Securities Act.
    \7\ All existing entities that currently intend to rely upon the
requested Order have been named as applicants. Any other existing or
future entity that subsequently relies on the Order will comply with
the terms and conditions of the application.
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    6. Applicants state that any of the Regulated Funds may, from time
to time, form one or more Wholly-Owned Investment Subs.\8\ Such a
subsidiary would be prohibited from investing in a Co-Investment
Transaction with any Affiliated Fund or Regulated Fund because it would
be a company controlled by its parent Regulated Fund for purposes of
section 57(a)(4) and rule 17d-1. Applicants request that each Wholly-
Owned Investment Sub be permitted to participate in Co-Investment
Transactions in lieu of its parent Regulated Fund and that the Wholly-
Owned Investment Sub's participation in any such transaction be
treated, for purposes of the requested Order, as though the parent
Regulated Fund were participating directly. Applicants represent that
this treatment is justified because a Wholly-Owned Investment Sub would
have no purpose other than serving as a holding vehicle for the
Regulated Fund's investments and, therefore, no conflicts of interest
could arise between the Regulated Fund and the Wholly-Owned Investment
Sub. The Regulated Fund's Board would make all relevant determinations
under the conditions with regard to a Wholly-Owned Investment Sub's
participation in a Co-Investment Transaction, and the Regulated Fund's
Board would be informed of, and take into consideration, any proposed
use of a Wholly-Owned Investment Sub in the Regulated Fund's place. If
the Regulated Fund proposes to participate in the same Co-Investment
Transaction with any of its Wholly-Owned Investment Subs, the Board
will also be informed of, and take into consideration, the relative
participation of the Regulated

Fund and the Wholly-Owned Investment Sub.
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    \8\ The term ``Wholly-Owned Investment Sub'' means an entity (i)
that is wholly-owned by a Regulated Fund (with the Regulated Fund at
all times holding, beneficially and of record, 100% of the voting
and economic interests); (ii) whose sole business purpose is to hold
one or more investments on behalf of the Regulated Fund; (iii) with
respect to which the Regulated Fund's Board has the sole authority
to make all determinations with respect to the entity's
participation under the conditions of the application; and (iv) that
would be an investment company but for section 3(c)(1) or 3(c)(7) of
the Act.
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    7. When considering Potential Co-Investment Transactions for any
Regulated Fund, the applicable AB-PCI Adviser will consider only the
Objectives and Strategies, investment policies, investment positions,
capital available for investment, and other pertinent factors
applicable to that Regulated Fund. The Board of each Regulated Fund,
including the Non-Interested Directors has (or will have prior to
relying on the requested Order) determined that it is in the best
interests of the Regulated Fund to participate in the Co-Investment
Transaction.\9\
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    \9\ The Regulated Funds, however, will not be obligated to
invest, or co-invest, when investment opportunities are referred to
them.
---------------------------------------------------------------------------

    8. Other than pro rata dispositions and Follow-On Investments as
provided in conditions 7 and 8, and after making the determinations
required in conditions 1 and 2(a), the AB-PCI Adviser will present each
Potential Co-Investment Transaction and the proposed allocation to the
directors of the Board eligible to vote under section 57(o) of the Act
(``Eligible Directors''), and the ``required majority,'' as defined in
section 57(o) of the Act (``Required Majority'') \10\ will approve each
Co-Investment Transaction prior to any investment by the participating
Regulated Fund.
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    \10\ In the case of a Regulated Fund that is a registered
closed-end fund, the Board members that make up the Required
Majority will be determined as if the Regulated Fund were a BDC
subject to section 57(o).
---------------------------------------------------------------------------

    9. With respect to the pro rata dispositions and Follow-On
Investments provided in conditions 7 and 8, a Regulated Fund may
participate in a pro rata disposition or Follow-On Investment without
obtaining prior approval of the Required Majority if, among other
things: (i) The proposed participation of each Regulated Fund and
Affiliated Fund in such disposition is proportionate to its outstanding
investments in the issuer immediately preceding the disposition or
Follow-On Investment, as the case may be; and (ii) the Board of the
Regulated Fund has approved that Regulated Fund's participation in pro
rata dispositions and Follow-On Investments as being in the best
interests of the Regulated Fund. If the Board does not so approve, any
such disposition or Follow-On Investment will be submitted to the
Regulated Fund's Eligible Directors. The Board of any Regulated Fund
may at any time rescind, suspend or qualify its approval of pro rata
dispositions and Follow-On Investments with the result that all
dispositions and/or Follow-On Investments must be submitted to the
Eligible Directors.
    10. No Non-Interested Director of a Regulated Fund will have a
financial interest in any Co-Investment Transaction, other than through
share ownership in one of the Regulated Funds.
    11. Applicants also represent that if an AB-PCI Adviser or its
principals, or any person controlling, controlled by, or under common
control with an AB-PCI Adviser or its principals, and the Affiliated
Funds (collectively, the ``Holders'') own in the aggregate more than
25% of the outstanding voting shares of a Regulated Fund (the
``Shares''), then the Holders will vote such Shares as required under
condition 14.

Applicants' Legal Analysis

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

Applicants' Conditions

    Applicants agree that the Order will be subject to the following
conditions:
    1. Each time an AB-PCI Adviser considers a Potential Co-Investment
Transaction for an Affiliated Fund or another Regulated Fund that falls
within a Regulated Fund's then-current Objectives and Strategies, the
Regulated Fund's AB-PCI Adviser will make an independent determination
of the appropriateness of the investment for such Regulated Fund in
light of the Regulated Fund's then-current circumstances.
    2. (a) If the AB-PCI Adviser deems a Regulated Fund's participation
in any Potential Co-Investment Transaction to be appropriate for the
Regulated Fund, it will then determine an appropriate level of
investment for the Regulated Fund.
    (b) If the aggregate amount recommended by the applicable AB-PCI
Adviser to be invested by the applicable Regulated Fund in the
Potential Co-Investment Transaction, together with the amount proposed
to be invested by the other participating Regulated Funds and
Affiliated Funds, collectively, in the same transaction, exceeds the
amount of the investment opportunity, the investment opportunity will
be allocated among them pro rata based on each participant's capital
available for investment in the asset class being allocated, up to the
amount proposed to be invested by each. The applicable AB-PCI Adviser
will provide the Eligible Directors of each participating Regulated
Fund with information concerning each participating party's available
capital to assist the Eligible Directors with their review of the
Regulated Fund's investments for

compliance with these allocation procedures.
    (c) After making the determinations required in conditions 1 and
2(a), the applicable AB-PCI Adviser will distribute written information
concerning the Potential Co-Investment Transaction (including the
amount proposed to be invested by each participating Regulated Fund and
Affiliated Fund) to the Eligible Directors of each participating
Regulated Fund for their consideration. A Regulated Fund will co-invest
with one or more other Regulated Funds and/or one or more Affiliated
Funds only if, prior to the Regulated Fund's participation in the
Potential Co-Investment Transaction, a Required Majority concludes
that:
    (i) The terms of the Potential Co-Investment Transaction, including
the consideration to be paid, are reasonable and fair to the Regulated
Fund and its shareholders and do not involve overreaching in respect of
the Regulated Fund or its shareholders on the part of any person
concerned;
    (ii) the Potential Co-Investment Transaction is consistent with:
    (A) The interests of the shareholders of the Regulated Fund; and
    (B) the Regulated Fund's then-current Objectives and Strategies;
    (iii) the investment by any other Regulated Funds or Affiliated
Funds would not disadvantage the Regulated Fund, and participation by
the participating Regulated Fund would not be on a basis different from
or less advantageous than that of other Regulated Funds or Affiliated
Funds; provided that, if any other Regulated Fund or Affiliated Fund,
but not the Regulated Fund itself, gains the right to nominate a
director for election to a portfolio company's board of directors or
the right to have a board observer or any similar right to participate
in the governance or management of the portfolio company, such event
shall not be interpreted to prohibit the Required Majority from
reaching the conclusions required by this condition (2)(c)(iii), if:
    (A) The Eligible Directors will have the right to ratify the
selection of such director or board observer, if any;
    (B) the applicable AB-PCI Adviser agrees to, and does, provide
periodic reports to the Regulated Fund's Board with respect to the
actions of such director or the information received by such board
observer or obtained through the exercise of any similar right to
participate in the governance or management of the portfolio company;
and
    (C) any fees or other compensation that any Affiliated Fund or any
Regulated Fund or any affiliated person of any Affiliated Fund or any
Regulated Fund receives in connection with the right of an Affiliated
Fund or a Regulated Fund to nominate a director or appoint a board
observer or otherwise to participate in the governance or management of
the portfolio company will be shared proportionately among the
participating Affiliated Funds (who each may, in turn, share its
portion with its affiliated persons) and the participating Regulated
Funds in accordance with the amount of each party's investment; and
    (iv) the proposed investment by the Regulated Fund will not benefit
the AB-PCI Advisers, the Affiliated Funds or the other Regulated Funds
or any affiliated person of any of them (other than the parties to the
Co-Investment Transaction), except (A) to the extent permitted by
condition 13, (B) to the extent permitted by section 17(e) or 57(k) of
the Act, as applicable, (C) indirectly, as a result of an interest in
the securities issued by one of the parties to the Co-Investment
Transaction, or (D) in the case of fees or other compensation described
in condition 2(c)(iii)(C).
    3. Each Regulated Fund has the right to decline to participate in
any Potential Co-Investment Transaction or to invest less than the
amount proposed.
    4. The applicable AB-PCI Adviser will present to the Board of each
Regulated Fund, on a quarterly basis, a record of all investments in
Potential Co-Investment Transactions made by any of the other Regulated
Funds or Affiliated Funds during the preceding quarter that fell within
the Regulated Fund's then-current Objectives and Strategies that were
not made available to the Regulated Fund, and an explanation of why the
investment opportunities were not offered to the Regulated Fund. All
information presented to the Board pursuant to this condition will be
kept for the life of the Regulated Fund and at least two years
thereafter, and will be subject to examination by the Commission and
its staff.
    5. Except for Follow-On Investments made in accordance with
condition 8,\11\ a Regulated Fund will not invest in reliance on the
Order in any issuer in which another Regulated Fund, Affiliated Fund,
or any affiliated person of another Regulated Fund or Affiliated Fund
is an existing investor.
---------------------------------------------------------------------------

    \11\ This exception applies only to Follow-On Investments by a
Regulated Fund in issuers in which that Regulated Fund already holds
investments.
---------------------------------------------------------------------------

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

    8. (a) If any Affiliated Fund or any Regulated Fund desires to make
a Follow-On Investment in a portfolio company whose securities were
acquired in a Co-Investment Transaction, the applicable AB-PCI Advisers
will:
    (i) Notify each Regulated Fund that participated in the Co-
Investment Transaction of the proposed transaction at the earliest
practical time; and
    (ii) formulate a recommendation as to the proposed participation,
including the amount of the proposed Follow-On Investment, by each
Regulated Fund.
    (b) A Regulated Fund may participate in such Follow-On Investment
without obtaining prior approval of the Required Majority if: (i) The
proposed participation of each Regulated Fund and each Affiliated Fund
in such investment is proportionate to its outstanding investments in
the issuer immediately preceding the Follow-On Investment; and (ii) the
Board of the Regulated Fund has approved as being in the best interests
of the Regulated Fund the ability to participate in Follow-On
Investments on a pro rata basis (as described in greater detail in the
application). In all other cases, the AB-PCI Adviser will provide its
written recommendation as to the Regulated Fund's participation to the
Eligible Directors, and the Regulated Fund will participate in such
Follow-On Investment solely to the extent that a Required Majority
determines that it is in the Regulated Fund's best interests.
    (c) If, with respect to any Follow-On Investment:
    (i) The amount of the opportunity is not based on the Regulated
Funds' and the Affiliated Funds' outstanding investments immediately
preceding the Follow-On Investment; and
    (ii) the aggregate amount recommended by the AB-PCI Adviser to be
invested by each Regulated Fund in the Follow-On Investment, together
with the amount proposed to be invested by the participating Affiliated
Funds in the same transaction, exceeds the amount of the opportunity;
then the amount invested by each such party will be allocated among
them pro rata based on each participant's capital available for
investment in the asset class being allocated, up to the amount
proposed to be invested by each.
    (d) The acquisition of Follow-On Investments as permitted by this
condition will be considered a Co-Investment Transaction for all
purposes and subject to the other conditions set forth in the
application.
    9. The Non-Interested Directors of each Regulated Fund will be
provided quarterly for review all information concerning Potential Co-
Investment Transactions and Co-Investment Transactions, including
investments made by other Regulated Funds or Affiliated Funds that the
Regulated Fund considered but declined to participate in, so that the
Non-Interested Directors may determine whether all investments made
during the preceding quarter, including those investments that the
Regulated Fund considered but declined to participate in, comply with
the conditions of the Order. In addition, the Non-Interested Directors
will consider at least annually the continued appropriateness for the
Regulated Fund of participating in new and existing Co-Investment
Transactions.
    10. Each Regulated Fund will maintain the records required by
section 57(f)(3) of the Act as if each of the Regulated Funds were a
BDC and each of the investments permitted under these conditions were
approved by the Required Majority under section 57(f) of the Act.
    11. No Non-Interested Director of a Regulated Fund will also be a
director, general partner, managing member or principal, or otherwise
an ``affiliated person'' (as defined in the Act) of an Affiliated Fund.
    12. The expenses, if any, associated with acquiring, holding or
disposing of any securities acquired in a Co-Investment Transaction
(including, without limitation, the expenses of the distribution of any
such securities registered for sale under the Securities Act) will, to
the extent not payable by the AB-PCI Advisers under their respective
investment advisory agreements with Affiliated Funds and the Regulated
Funds, be shared by the Regulated Funds and the Affiliated Funds in
proportion to the relative amounts of the securities held or to be
acquired or disposed of, as the case may be.
    13. Any transaction fee \12\ (including break-up or commitment fees
but excluding broker's fees contemplated section 17(e) or 57(k) of the
Act, as applicable), received in connection with a Co-Investment
Transaction will be distributed to the participating Regulated Funds
and Affiliated Funds on a pro rata basis based on the amounts they
invested or committed, as the case may be, in such Co-Investment
Transaction. If any transaction fee is to be held by an AB-PCI Adviser
pending consummation of the transaction, the fee will be deposited into
an account maintained by such AB-PCI Adviser at a bank or banks having
the qualifications prescribed in section 26(a)(1) of the Act, and the
account will earn a competitive rate of interest that will also be
divided pro rata among the participating Regulated Funds and Affiliated
Funds based on the amounts they invest in such Co-Investment
Transaction. None of the Affiliated Funds, the AB-PCI Advisers, the
other Regulated Funds or any affiliated person of the Regulated Funds
or Affiliated Funds will receive additional compensation or
remuneration of any kind as a result of or in connection with a Co-
Investment Transaction (other than (a) in the case of the Regulated
Funds and the Affiliated Funds, the pro rata transaction fees described
above and fees or other compensation described in condition
2(c)(iii)(C); and (b) in the case of an AB-PCI Adviser, investment
advisory fees paid in accordance with the agreement between the AB-PCI
Adviser and the Regulated Fund or Affiliated Fund.
---------------------------------------------------------------------------

    \12\ Applicants are not requesting and the staff is not
providing any relief for transaction fees received in connection
with any Co-Investment Transaction.
---------------------------------------------------------------------------

    14. If the Holders own in the aggregate more than 25% of the Shares
of a Regulated Fund, then the Holders will vote such Shares as directed
by an independent third party when voting on (1) the election of
directors; (2) the removal of one or more directors; or (3) any other
matter under either the Act or applicable State law affecting the
Board's composition, size or manner of election.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-22427 Filed 9-16-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Rules and Regulations]
[Page 18293-18295]
[DOCID:fr22ap09-6]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0278]
RIN 1625-AA00

Safety Zone; Waters Surrounding Berth 7 at the Port of Oakland,
San Francisco Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the San Francisco Bay, CA at Berth 7 at the Port of
Oakland during the offloading of the ZHEN HUA 18. Unauthorized persons
or vessels are prohibited from entering into, transiting through, or
remaining in the safety zone without the permission of the Captain of
the Port or his designated representative.

DATES: This rule is effective from noon on April 14, 2009, through
11:59 p.m. on April 24, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0278 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0278
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Junior Grade Simone Mausz, U.S. Coast
Guard Sector San Francisco, at<PHONE_NUMBER>. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event would occur before the
rulemaking process would be completed. Because of the dangers posed by
the offloading of heavy equipment onboard this vessel, the safety zone
is necessary to provide for the safety of other vessels transiting the
area. For the safety concerns noted, it is in the public interest to
have these regulations in effect during the offload.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard was only recently
notified of the safety concerns, and any delay in the effective date of
this rule would expose mariners to the dangers posed by the equipment
being offloaded.

Background and Purpose

    The M/V ZHEN HUA 18 will be delivering heavy equipment and
materials for use in the construction of the San Francisco-Oakland Bay
Bridge project. This rule is necessary for the safety of the public and
vessels transiting to other berths during the offload of this cargo.
This rule prohibits entry of any vessel or person inside the safety
zone without specific authorization from the Captain of the Port or his
designated representative.

Discussion of Rule

    This safety zone will remain in effect from noon on April 14, 2009,
through 11:59 p.m. April 24, 2009, and includes all waters extending
from the surface area to the sea floor within approximately 50 yards
seaward from the moored vessel and encompasses all waters in San
Francisco Bay within an area created by connecting the following
geographical positions: From latitude 37[deg]49'08'' N and longitude
122[deg]19'07'' W; thence to latitude 37[deg]49'05'' N and longitude
122[deg]19'30'' W; thence to latitude 37[deg]49'15'' N and longitude
122[deg]18'52'' W; thence to latitude 37[deg]49'18'' N and longitude
122[deg]18'56'' W; thence along the shoreline back to the beginning
point.
    The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the berth while the equipment is
offloaded. Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
restricted area.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because vessels will be able to safely transit around the area and the
local waterway users will be notified via public Broadcast Notice to
Mariners to ensure the safety zone will result in minimum impact. The
entities most likely to be affected are pleasure craft engaged in
recreational activities.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule may affect owners and operators of pleasure craft engaged
in

recreational activities and sightseeing. This rule will not have a
significant economic impact on a substantial number of small entities
for several reasons: (i) Vessel traffic can pass safely around the
area, (ii) vessels engaged in recreational activities and sightseeing
have ample space outside of the affected portion of the San Francisco
Bay to engage in these activities, (iii) this rule will encompass only
a small portion of the waterway for a limited period of time, and (iv)
the maritime public will be advised in advance of this safety zone via
Broadcast Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a safety
zone. An environmental analysis checklist and a categorical exclusion
determination will be available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T11-183 to read as follows:

Sec.  165.T11-183  Safety Zone; Waters surrounding Berth 7 at the Port
of Oakland, San Francisco Bay, California.

    (a) Location. This temporary safety zone is established for the
waters of the San Francisco Bay. It includes all waters

extending from the surface area to the sea floor within approximately
50 yards seaward from the moored vessel M/V ZHEN HUA 18 and encompasses
all waters in an area created by connecting the following geographical
positions:

Latitude                             Longitude

37[deg]49'08'' N                     122[deg]19'07'' W
37[deg]49'05'' N                     122[deg]19'30'' W
37[deg]49'15'' N                     122[deg]18'52'' W
37[deg]49'18'' N                     122[deg]18'56'' W

and along the shoreline back to the beginning point. These coordinates
are based upon NAD 83.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port San Francisco (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP or the COTP's designated
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative. Persons and
vessels may request permission to enter the safety zone on VHF-16 or
through the 24-hour Command Center at telephone<PHONE_NUMBER>.
    (d) Effective period. This section is effective from 12 p.m. on
April 14, 2009, through 11:59 p.m. on April 24, 2009.

    Dated: April 13, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. E9-9167 Filed 4-21-09; 8:45 am]

BILLING CODE 4910-15-P


From:
Moeller, Michael<EMAIL_ADDRESS>Sent:
Thursday, September 23, 2021 1:34 PM
To:
David Ailor (ACCCI<EMAIL_ADDRESS>Cc:
Woody, Matt<EMAIL_ADDRESS>French, Chuck<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Subject:
RE: COETF REQUEST THAT EPA POST THE SOURCE CATEGORY-ONLY HEM4 INPUT FILES FOR THE PQBS SOURCE CATEGORY

Hi David,

The HEM4 input files have been publicly posted and can be found on the source category EPA webpage located here : https://www.epa.gov/stationary-sources-air-pollution/coke-ovens-pushing-quenching-and-battery-stacks-national-emission

They are in a .zip file titled `HEM4 inputs for the pre-proposal Coke Ovens risk modeling (zip)'

Thanks,

-Mike

From: David Ailor (ACCCI<EMAIL_ADDRESS>Sent: Tuesday, September 21, 2021 5:53 PM
To: Moeller, Michael<EMAIL_ADDRESS>Cc: Woody, Matt<EMAIL_ADDRESS>French, Chuck<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Subject: Re: COETF REQUEST THAT EPA POST THE SOURCE CATEGORY-ONLY HEM4 INPUT FILES FOR THE PQBS SOURCE CATEGORY

Thanks, Mike.  DCA
Sent from my iPhone

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone:<PHONE_NUMBER>
eFax.:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org

On Sep 21, 2021, at 2:21 PM, Moeller, Michael<EMAIL_ADDRESS>wrote:

Hi David,

Okay, I'll get the files ready to be posted. I will send an update once they are up.

Thanks,

-Mike

From: David Ailor<EMAIL_ADDRESS>Sent: Tuesday, September 21, 2021 3:08 PM
To: Moeller, Michael<EMAIL_ADDRESS>Woody, Matt<EMAIL_ADDRESS>Cc: French, Chuck<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Subject: RE: COETF REQUEST THAT EPA POST THE SOURCE CATEGORY-ONLY HEM4 INPUT FILES FOR THE PQBS SOURCE CATEGORY

Understood.  Thanks, Mike.

Please proceed and post all inputs associated with the analysis which would include source category and whole facility files.  DCA

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone:<PHONE_NUMBER>
eFax.:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org

From: Moeller, Michael<EMAIL_ADDRESS>Sent: Tuesday, September 21, 2021 2:34 PM
To: David Ailor<EMAIL_ADDRESS>Woody, Matt<EMAIL_ADDRESS>Cc: French, Chuck<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Subject: RE: COETF REQUEST THAT EPA POST THE SOURCE CATEGORY-ONLY HEM4 INPUT FILES FOR THE PQBS SOURCE CATEGORY

Hi David,

For public requests of RTR HEM input files, our policy is to post all inputs associated with the analysis which would include source category and whole facility files.

If you would like to continue with the request, I will go ahead and get the files posted for you.

Thanks,

-Mike

From: David Ailor<EMAIL_ADDRESS>Sent: Monday, September 20, 2021 11:16 PM
To: Woody, Matt<EMAIL_ADDRESS>Moeller, Michael<EMAIL_ADDRESS>Cc: French, Chuck<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Subject: RE: COETF REQUEST THAT EPA POST THE SOURCE CATEGORY-ONLY HEM4 INPUT FILES FOR THE PQBS SOURCE CATEGORY

Hi, Matt/Mike.  Any idea yet when the input files might be posted?  DCA

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone:<PHONE_NUMBER>
eFax.:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org

From: David Ailor<EMAIL_ADDRESS>Sent: Thursday, September 16, 2021 4:49 PM
To: 'Woody, Matt'<EMAIL_ADDRESS>'Moeller, Michael'<EMAIL_ADDRESS>Cc: 'French, Chuck'<EMAIL_ADDRESS>Donna :Lee Jones<EMAIL_ADDRESS><EMAIL_ADDRESS>Subject: COETF REQUEST THAT EPA POST THE SOURCE CATEGORY-ONLY HEM4 INPUT FILES FOR THE PQBS SOURCE CATEGORY

Hello again, Matt and Mike.  David Ailor of ACCCI here.

On behalf of the Coke Oven Environmental Task Force (COETF) which ACCCI manages, I'd like to request that EPA post the source category-only HEM4 Input files for modeling the Actual (Acute), Actual (Chronic) and Allowable (Chronic) emissions for the Pushing-Quenching-Battery Stack (PQBS) source category.  The HEM4 Input files we are requesting include the buoyancy line parameter file, facility list input options file, emission rate file and source input/location file for the source category only, for all facilities.

Thank you for your prompt attention to this request.  Please let me know when the files are available for download.

And, please contact me if you have any questions.  DCA

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone:<PHONE_NUMBER>
eFax.:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org