[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]
[Page 55544]
[DOCID:fr28oc09-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13532-000]

Hydrodynamics, Inc.; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

October 21, 2009.
    On July 7, 2009, Hydrodynamics, Inc. filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the West Rosebud Hydro Project,
which would be located on West Rosebud Creek, approximately 800 feet
downstream of Emerald Lake, in Carbon County, Montana. The sole purpose
of a preliminary permit, if issued, is to grant the permit holder
priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following: (1) A new 8-
foot-high, 100-foot-long concrete diversion dam; (2) a new 7-foot-wide,
30-foot-long intake extending from the left side of the dam; (3) a new
42-inch-diameter, 2.3-mile-long steel penstock; (4) a new powerhouse
containing one generating unit with an installed capacity of 3
megawatts; (5) a new tailrace discharging flows into West Rosebud
Creek; (6) a new substation; (7) a new 50-kilovolt, 300-foot-long
transmission line; and (8) appurtenant facilities. The proposed project
would have an average annual generation of 21 gigawatt-hours.
    Applicant Contact: Ben Singer, Project Manager, Hydrodynamics,
Inc., P.O. Box 1136, Bozeman, MT 59771; phone:<PHONE_NUMBER>.
    FERC Contact: Dianne Rodman,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``eFiling''
link. For a simpler method of submitting text only comments, click on
``Quick Comment.'' For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or,
for TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13532) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-25867 Filed 10-27-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58910-58911]
[FR Doc No: 2021-23196]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0692; 9179-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Pesticide Environmental Stewardship Program
Annual Measures Reporting (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Pesticide Environmental
Stewardship Program Annual Measures Reporting, (EPA ICR Number 2415.04,
OMB Control Number 2070-0188) to the Office of Management and Budget
(OMB) for review and approval in accordance with the Paperwork
Reduction Act. This is a proposed extension of the ICR, which is
currently approved through October 31, 2021. Public comments were
previously requested via the Federal Register on March 31, 2021 during
a 60-day comment period. This notice allows for an additional 30 days
for public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. An agency may
not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before November 24,
2021.

ADDRESSES: Submit your comments to EPA, referencing Docket ID No. EPA-
HQ-OPP-2020-0692, online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Carolyn Siu, Mission Support Division
(7101M), Office of Program Support, Office of Chemical Safety and
Pollution Prevention, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (703)
347-0159; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: This ICR covers the information collection activities
associated with voluntary participation in EPA's Pesticide
Environmental Stewardship Program (PESP). The program uses the
information collected to establish partner membership, develop
stewardship strategies, measure progress towards stewardship goals, and
award incentives. PESP is an EPA partnership program that encourages
the use of the integrated pest management (IPM) strategies to reduce
pests and pesticide risks. IPM is an approach that involves making the
best choices from among a series of pest management practices that are
both economical and pose the least possible hazard to people, property,
and the environment.
    PESP members include pesticide end-user and organizations which
focus on training, educating, and/or influencing pesticide users. To
become a PESP member, an organization submits an application and a
five-year strategy outlining how environmental and human health risk
reduction goals will be achieved through IPM implementation and/or
education. The program encourages PESP members to track progress
towards IPM goals such as: reductions in unnecessary use of pesticides,
cost reductions, and knowledge shared about IPM methodologies. Entities
participating in PESP also benefit from technical assistance, and
through incentives for achievements at different levels.
    Form Numbers: 9600-01, 9600-02, and 9600-03.
    Respondents/affected entities: Pesticide user companies and
organizations, or entities that practice IPM or promote the use of IPM
through education and training.
    Respondent's obligation to respond: Voluntary (5 CFR 1320.5(d)(2)).
    Estimated number of respondents: 461 (total).
    Frequency of response: Annual and on occasion.
    Total estimated burden: 51,562 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $3,605,562 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is a correction of the number of
potential respondents from 419 to 461. There is an increase of 3,897
hours in the total estimated respondent burden compared with the ICR
currently approved by OMB. This increase reflects EPA's updating of
burden estimates for this collection based on historical information on
the number of PESP members. Based on revised estimates, the number of
IPM Promoters has decreased, while the number of IPM users has
increased, and the number of National IPM users has decreased since the
last ICR renewal. Although the estimated burden per response has not
changed for any category, the shift in

membership types has resulted in a net increase in the overall burden.

Courtney Kerwin
Director, Regulatory Support Division.
[FR Doc. 2021-23196 Filed 10-22-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65728-65733]
[FR Doc No: 2013-26038]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-30769; File No. 812-14020]

Medley Capital Corporation, et al.; Notice of Application

October 28, 2013.
AGENCY:  Securities and Exchange Commission (``Commission'').

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

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Summary of Application:  Applicants request an amended order to permit
certain business development companies (each, a ``BDC'') to co-invest
with each other and with certain affiliated investment funds in
portfolio companies.

Applicants:  Medley Capital Corporation (``MCC''); Medley SBIC, LP
(``Medley SBIC''); Medley SBIC GP, LLC (the ``SBIC General Partner'');
Medley LLC; MCC Advisors LLC (``MCC Advisors''); Medley Capital LLC,
MOF II Management LLC, and Medley Credit Strategies LLC (collectively,
the ``Existing Affiliated Investment Advisers''); Medley GP LLC, MOF II
GP LLC, MOF II GP (Cayman) Ltd., and Medley Credit Strategies GP, LLC
(collectively, the ``Existing General Partners''); Medley Opportunity
Fund LP, Medley Opportunity Fund Ltd., Medley Opportunity Fund II LP,
Medley Opportunity Fund II (Cayman) LP, and Medley Credit Strategies
Master LP (collectively, the ``Existing Affiliated Funds''); Sierra
Income Corporation (``Sierra''); and SIC Advisors LLC (``SIC
Advisors'').

DATES: Filing Dates: The application was filed on March 29, 2012, and
amended on March 30, 2012, August 21, 2012, January 14, 2013, and
September 26, 2013.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on November 22, 2013 and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
St. NE., Washington, DC 20549-1090. Applicants: c/o Brooke Taube,
Medley Capital Corporation, and Seth Taube, Sierra Income Corporation,
375 Park Avenue, Suite 3304, New York, NY 10152.

FOR FURTHER INFORMATION CONTACT:  Jill Ehrlich, Senior Counsel, at
(202) 551-6819, or David P. Bartels, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Exemptive Applications 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. MCC is an externally managed, non-diversified, closed-end
management investment company that has elected to be regulated as a BDC
under the Act.\1\ MCC's investment objective is to generate current
income and capital appreciation by lending directly to privately-held
middle market companies. MCC's board of directors (the ``MCC Board'')
currently consists of seven members, four of whom are not ``interested
persons'' within the meaning of section 2(a)(19) of the Act (the
``Independent Directors''). Each of Andrew Fentress, Brooke Taube, and
Seth Taube (the ``Principals'') serves as a director on the MCC Board.
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    \1\ Section 2(a)(48) defines a BDC to be any closed-end
investment company that operates for the purpose of making
investments in securities described in sections 55(a)(1) through
55(a)(3) of the Act and makes available significant managerial
assistance with respect to the issuers of such securities.
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    2. Applicants represent that Medley SBIC was organized as a limited
partnership under the laws of the state of Delaware and is licensed by
the Small Business Administration (``SBA'') to operate under the Small
Business Investment Act of 1958, as amended (``SBA Act''), as a small
business investment company (each such licensed entity, an ``SBIC
Subsidiary''). Applicants state that Medley SBIC will not be registered
under the Act based on the exclusion from the definition of investment
company contained in section 3(c)(7). The SBIC General Partner was
organized as a limited liability company under the laws of the state of
Delaware and is the general partner of Medley SBIC. Applicants
represent that Medley SBIC is functionally a wholly-owned subsidiary of
MCC because MCC and the SBIC General Partner (which is a wholly-owned
subsidiary of MCC) own all of the equity and voting interests in Medley
SBIC.
    3. Sierra is an externally managed, non-diversified, closed-end
management investment company that has elected to be regulated as a BDC
under the Act. Sierra's investment objective is to generate current
income and capital appreciation by investing primarily in the debt of
privately-held U.S. companies with a focus on senior secured debt,
second lien debt and, to a lesser extent, subordinated debt. Sierra's
board of directors (the ``Sierra Board'') currently consists of five
members, three of whom are Independent Directors. Two of the
Principals, Brook Taube and Seth Taube, serve as interested directors
on the Sierra Board.
    4. MCC Advisors is registered as an investment adviser under the
Investment Advisers Act of 1940 (the ``Advisers Act'') and serves as
the investment adviser to MCC. SIC Advisors is registered as an
investment adviser under the Advisers Act and serves as the investment
adviser to Sierra. The Existing Affiliated Investment Advisers are
registered under the Advisers Act and currently serve as investment
advisers to the Existing Affiliated Funds. Medley LLC, which is
controlled by the Principals, serves as the direct or indirect holding
company for MCC Advisors, SIC Advisors, and the Existing Affiliated
Investment Advisers (together with any future investment advisers that
Medley LLC controls, the ``Affiliated Investment Advisers''). The
Existing General Partners are the general partners of certain of the
Existing Affiliated Funds. The Existing General Partners are direct,
wholly-owned subsidiaries of Medley GP Holdings LLC, which is
controlled by the Principals.
    5. Each of the Existing Affiliated Funds is a separate legal entity
and is excluded from the definition of ``investment company'' under
section 3(c)(1) or 3(c)(7) of the Act.
    6. Applicants seek to amend the Prior Order \2\ to permit a
Regulated Entity and one or more other Regulated Entities and/or one or
more Affiliated Funds to participate in the same investment
opportunities through a proposed co-investment program where such
participation would otherwise be prohibited under section 57(a)(4) and
rule 17d-1 (the ``Co-Investment Program'').\3\ For purposes of the
application, a ``Co-Investment Transaction'' means any transaction in
which a Regulated Entity (or its Wholly-Owned Investment Sub, as
defined below) participated, in reliance on the Amended Order or the
Prior Order), (a) together with one or more other Regulated Entities
and/or (b) together with one or more Affiliated Funds. A ``Potential
Co-Investment Transaction'' means any investment opportunity in which a
Regulated Entity (or its Wholly-Owned Investment Sub) could not
participate together with one or more Regulated Entities and/or
together with one or more Affiliated Funds without obtaining and
relying on the Amended Order. Affiliated Funds that have the capacity
to, and elect to, co-invest with

the Regulated Entities are referred to as ``Participating Funds.''
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    \2\ The requested order (the ``Amended Order'') would supersede
an exemptive order issued by the Commission on March 26, 2012 (the
``Prior Order'') that was granted pursuant to sections 57(a)(4) and
57(i) and rule 17d-1, with the result that no person will continue
to rely on the Prior Order if the Amended Order is granted. Medley
Capital Corporation, et al., Investment Company Act Release Nos.
29967 (Feb. 27, 2012) (notice) and 30009 (Mar. 26, 2012) (order).
All existing entities that currently intend to rely on the Amended
Order have been named as applicants. Any other existing or future
entity that relies on the Amended Order in the future will comply
with the terms and conditions of the application.
    \3\ ``Future Affiliated Funds'' means any entity whose (i)
investment adviser is an Affiliated Investment Adviser, (ii) that
would be an investment company but for section 3(c)(1) or 3(c)(7) of
the Act, and (iii) that is not a subsidiary of a Regulated Entity.
``Affiliated Funds'' means the Existing Affiliated Funds and the
Future Affiliated Funds. ``Regulated Entity'' means any of (i) MCC,
(ii) Sierra, or (iii) any future BDC whose investment adviser is a
Regulated Entity Adviser. ``Regulated Entity Advisers'' means (i)
MCC Advisors, (ii) SIC Advisors, and (iii) any future investment
adviser that Medley LLC controls.
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    7. Applicants state that a Regulated Entity may, from time to time,
form one or more Wholly-Owned Investment Subs.\4\ Such a subsidiary
would be prohibited from investing in a Co-Investment Transaction with
any Affiliated Fund or another Regulated Entity because it would be a
company controlled by the Regulated Entity 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 the Regulated Entity that owns it and that the
Wholly-Owned Investment Sub's participation in any such transaction be
treated, for purposes of the Amended Order, as though the Regulated
Entity 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
Entity's investments and, therefore, no conflicts of interest could
arise between the Regulated Entity and the Wholly-Owned Investment Sub.
The Regulated Entity'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
Entity's Board would be informed of, and take into consideration, any
proposed use of a Wholly-Owned Investment Sub in the Regulated Entity's
place. If the Regulated Entity proposes to participate in the same Co-
Investment Transaction with any of its Wholly-Owned Investment Subs,
the Board of the Regulated Entity will also be informed of, and take
into consideration, the relative participation of the Regulated Entity
and the Wholly-Owned Investment Sub.
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    \4\ The term ``Wholly-Owned Investment Sub'' means an entity (i)
that is wholly-owned by a Regulated Entity (with such Regulated
Entity 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 such Regulated Entity
(and, in the case of an SBIC Subsidiary, maintain a license under
the SBA Act and issue debentures guaranteed by the SBA); (iii) with
respect to which the Regulated Entity's board of directors
(``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. All subsidiaries
participating in the Co-Investment Program will be Wholly-Owned
Investment Subs and will have Objectives and Strategies (as defined
below) that are either substantially the same as, or a subset of,
their parent Regulated Entity's Objectives and Strategies. An SBIC
Subsidiary may be a Wholly-Owned Investment Sub if it satisfies the
conditions in this definition.
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    8. In selecting investments for each Regulated Entity, the
Regulated Entity Advisers will consider the investment objective,
investment policies, investment position, capital available for
investment, and other factors relevant to the respective Regulated
Entities they advise. The Regulated Entity Advisers expect that any
portfolio company that is an appropriate investment for a Regulated
Entity should also be an appropriate investment for one or more other
Regulated Entities and/or one or more Affiliated Funds, with certain
exceptions based on available capital or diversification.\5\ The
Regulated Entity Adviser, as applicable, will present each Potential
Co-Investment Transaction and the proposed allocation of each
investment opportunity to the directors of the relevant Regulated
Entity's Board that are eligible to vote under section 57(o) of the Act
(the ``Eligible Directors''). The ``required majority,'' as defined in
section 57(o) (``Required Majority'') of a Regulated Entity will
approve each Co-Investment Transaction prior to any investment by the
Regulated Entity.
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    \5\ The Regulated Entities, however, will not be obligated to
invest, or co-invest, when investment opportunities are referred to
them.
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    9. All subsequent activity (i.e., exits or Follow-On Investments,
as defined below) in a Co-Investment Transaction will also be made in
accordance with the terms and conditions set forth in the
application.\6\ A Regulated Entity 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 Entity and Affiliated Fund 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 Entity has approved that Regulated
Entity's participation in pro rata dispositions and Follow-On
Investments as being in the best interests of the Regulated Entity. If
the Board has not given such approval in advance, any such disposition
or Follow-On Investment will be submitted to the Regulated Entity's
Eligible Directors. The Board of a Regulated Entity 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.
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    \6\ ``Follow-On Investments'' means additional investments in
securities of issuers, including through the exercise of warrants,
conversion privileges, and other rights to purchase securities of
the issuers.
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    10. Applicants state that none of the Principals will benefit
directly or indirectly from any Co-Investment Transaction (other than
by virtue of the ownership of securities of MCC and the Affiliated
Investment Advisers) or participate individually in any Co-Investment
Transaction. In addition, no Independent Director will have any direct
or indirect financial interest in any Co-Investment Transaction or any
interest in any portfolio company, other than through an interest (if
any) in the securities of a Regulated Entity.

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 such 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 Affiliated Funds and the other Regulated Entities
could be deemed to be a person related to each Regulated Entity in a
manner described by section 57(b) by virtue of being under common
control with such Regulated Entity.
    2. 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 BDCs. Because the Commission has
not adopted any rules under section 57(a)(4), rule 17d-1 applies.
    3. 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. Rule 17d-
1, as made applicable to BDCs by section 57(i), prohibits any person
who is related to a BDC in a manner described in section 57(b), acting
as principal, from participating in, or effecting any transaction in
connection with, any joint enterprise or other joint arrangement or
profit-sharing plan in which the BDC or a company controlled by such
BDC is a participant, absent an order from the Commission. In passing
upon applications under rule 17d-1, the Commission considers whether
the participation by the BDC or controlled company 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.
    4. Applicants state that they expect that co-investment in
portfolio companies by the Regulated Entities and the Affiliated Funds
will increase the number of favorable investment opportunities for the
Regulated Entities and that the Co-Investment Program will be
implemented only if the Required Majority of the applicable Regulated
Entity approves it.
    5. Applicants submit that the Required Majority's approval of each
Co-Investment Transaction before investment, and other protective
conditions set forth in the application, will ensure that the
applicable Regulated Entity will be treated fairly. Applicants state
that the Regulated Entities' 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.
    6. Under condition 14, if the Regulated Entity Advisers or the
Principals, or any person controlling, controlled by, or under common
control with the Regulated Entity Advisers or the Principals, and the
Affiliated Funds (collectively, the ``Holders'') own in the aggregate
more than 25% of the outstanding voting securities of a Regulated
Entity (``Shares''), then the Holders will vote such Shares as directed
by an independent third party when voting on matters specified in the
condition. Applicants believe that this condition will ensure that the
Independent Directors will act independently in evaluating the Co-
Investment Program, because the ability of the Regulated Entity
Advisers or the Principals to influence the Independent Directors by a
suggestion, explicit or implied, that the Independent Directors can be
removed will be limited significantly. Applicants represent that the
Independent Directors will evaluate and approve any such voting trust
or proxy adviser, taking into accounts its qualifications, reputation
for independence, cost to the shareholders, and other factors that they
deem relevant.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Each time a Regulated Entity Adviser or an Affiliated Investment
Adviser considers a Potential Co-Investment Transaction for an
Affiliated Fund or another Regulated Entity that falls within the then-
current Objectives and Strategies of a Regulated Entity,\7\ the
appropriate Regulated Entity Adviser will make an independent
determination of the appropriateness of the investment for the
Regulated Entity in light of the Regulated Entity's then-current
circumstances.
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    \7\ ``Objectives and Strategies'' means the Regulated Entity's
investment objectives and strategies, as described in the Regulated
Entity's registration statement on Form N-2, other filings the
Regulated Entity has made with the Commission under the Securities
Act of 1933, as amended (the ``1933 Act''), or under the Securities
Exchange Act of 1934, as amended, and the Regulated Entity's reports
to stockholders.
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    2. (a) If a Regulated Entity Adviser deems a Regulated Entity's
participation in any Potential Co-Investment Transaction to be
appropriate for such Regulated Entity, it will then determine an
appropriate level of investment for such Regulated Entity.
    (b) If the aggregate amount recommended by Regulated Entity
Advisers to be invested by the Regulated Entities in such Potential Co-
Investment Transaction, together with the amount proposed to be
invested by each Participating Fund, collectively, in the same
transaction, exceeds the amount of the investment opportunity, the
amount proposed to be invested by each such party will be allocated
among them pro rata based on each participating party's capital
available for investment in the asset class being allocated, up to the
amount proposed to be invested by each. The Regulated Entity Advisers
will provide the respective Eligible Directors with information
concerning each party's available capital to assist the Eligible
Directors with their review of such Regulated Entity's investments for
compliance with these allocation procedures.
    (c) After making the determinations required in conditions 1 and
2(a), the Regulated Entity Advisers will distribute written information
concerning the Potential Co-Investment Transaction, including the
amount proposed to be invested by each Regulated Entity and any
Participating Fund, to the Eligible Directors of the each participating
Regulated Entity for their consideration. A Regulated Entity will co-
invest with another Regulated Entity and/or any Participating Fund only
if, prior to participating in the Potential Co-Investment Transaction,
a Required Majority of the Regulated Entity concludes that:
    (i) The terms of the transaction, including the consideration to be
paid, are reasonable and fair to the Regulated Entity and its
stockholders and do not involve overreaching in respect of the
Regulated Entity or its stockholders on the part of any person
concerned;
    (ii) the transaction is consistent with
    (A) the interests of the Regulated Entity's stockholders; and
    (B) the Regulated Entity's then-current Objectives and Strategies.
    (iii) the investment by another Regulated Entity or one or more
Participating Funds would not disadvantage the Regulated Entity, and
participation by such Regulated Entity is not on a basis different from
or less advantageous than that of any Participating Fund or other
Regulated Entity; provided that, if any Participating Fund or other
Regulated Entity, but not the Regulated Entity 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 shall have the right to ratify the
selection of such director or board observer, if any;
    (B) the Regulated Entity Adviser agrees to, and does, provide
periodic reports to the Board of the applicable Regulated Entity with
respect to the actions of such director or the information received by
such board observer or obtained through the exercise of any similar
right to participate in the governance or management of the portfolio
company; and
    (C) any fees or other compensation that any other Regulated Entity
or any Participating Fund or any affiliated person of either receives
in connection with the right of a Participating Fund or other Regulated
Entity 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 any Participating Funds (who may,
in turn, share their portion with their affiliated persons) and the
participating Regulated Entities in accordance with the amount of each
party's investment; and
    (iv) the proposed investment by the Regulated Entity will not
benefit the Regulated Entity Advisers, the Affiliated Funds or other
Regulated Entities, or any affiliated person of any of them (other than
the other parties to the Co-Investment Transaction), except (a) to the
extent permitted by condition 13; (b) to the extent permitted by
sections 17(e)

or 57(k), as applicable; (c) indirectly, as a result of an interest in
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 Entity has the right to decline to participate in
any Potential Co-Investment Transaction or to invest less than the
amount proposed.
    4. The Regulated Entity Advisers will present to the Board of each
Regulated Entity, as applicable, on a quarterly basis, a record of all
investments in Potential Co-Investment Transactions made by the
Affiliated Funds and other Regulated Entities during the preceding
quarter that fell within the Regulated Entity's then-current Objectives
and Strategies that were not made available to the respective Regulated
Entity, and an explanation of why the investment opportunities were not
offered to the Regulated Entity. All information presented to the Board
pursuant to this condition will be kept for the life of the Regulated
Entity 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 pursuant to condition 8
below, a Regulated Entity will not invest in reliance on the Amended
Order in any portfolio company in which any other Regulated Entity, any
Affiliated Fund, or any affiliated person of any other Regulated Entity
or Affiliated Fund is an existing investor.
    6. A Regulated Entity 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 such Regulated Entity as for the Participating
Funds and/or other Regulated Entities. The grant to an Affiliated Fund
or another Regulated Entity, but not such Regulated Entity, 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 Regulated Entity or Participating Fund elects to
sell, exchange, or otherwise dispose of an interest in a security that
was acquired in a Co-Investment Transaction, then:
    (i) The investment adviser to such Regulated Entity or
Participating Fund will notify each other Regulated Entity that
participated in the Co-Investment Transaction of the proposed
disposition at the earliest practical time; and
    (ii) the investment adviser to each other Regulated Entity that
participated in the Co-Investment Transaction will formulate a
recommendation as to participation by such Regulated Entity in the
disposition.
    (b) Each Regulated Entity will have the right to participate in
such disposition on a proportionate basis, at the same price and on the
same terms and conditions as those applicable to any Participating
Funds and any other Regulated Entities.
    (c) A Regulated Entity may participate in such disposition without
obtaining prior approval of the Required Majority if: (i) The proposed
participation of each Regulated Entity and the Participating Funds in
such disposition is proportionate to its outstanding investments in the
issuer immediately preceding the disposition; (ii) the Board of the
applicable Regulated Entity has approved as being in the best interests
of the applicable Regulated Entity 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 applicable Regulated Entity is
provided on a quarterly basis with a list of all dispositions made in
accordance with this condition. In all other cases, the applicable
Regulated Entity Adviser will provide its written recommendation as to
such Regulated Entity's participation to the Eligible Directors, and
such Regulated Entity will participate in such disposition solely to
the extent that a Required Majority determines that it is in such
Regulated Entity's best interests.
    (d) Each Regulated Entity and each of the Participating Funds will
bear its own expenses in connection with any such disposition.
    8. (a) If any Regulated Entity or Participating Fund desires to
make a Follow-On Investment in a portfolio company whose securities
were acquired in a Co-Investment Transaction, then:
    (i) The investment adviser to such Regulated Entity or
Participating Fund will notify each other Regulated Entity that
participated in the Co-Investment Transaction of the proposed
transaction at the earliest practical time; and
    (ii) the investment adviser to each other Regulated Entity that
participated in the Co-Investment Transaction will formulate a
recommendation as to the proposed participation, including the amount
of the proposed investment, by such Regulated Entity.
    (b) A Regulated Entity may participate in such Follow-On Investment
without obtaining prior approval of the Required Majority if: (i) The
proposed participation of each Regulated Entity and Participating Fund
in such investment is proportionate to its outstanding investments in
the issuer immediately preceding the Follow-On Investment; (ii) the
Board of the applicable Regulated Entity has approved as being in the
best interests of such Regulated Entity the ability to participate in
Follow-On Investments on a pro rata basis (as described in greater
detail in the application); and (iii) the Board of the applicable
Regulated Entity is provided on a quarterly basis with a list of all
Follow-On Investments made in accordance with this condition. In all
other cases, the applicable Regulated Entity Adviser will provide its
written recommendation as to such Regulated Entity's participation to
the Eligible Directors, and such Regulated Entity will participate in
such follow-on investment solely to the extent that a Required Majority
determines that it is in such Regulated Entity's best interests.
    (c) If, with respect to any follow-on investment:
    (i) The amount of the opportunity is not based on the Regulated
Entities' and the Participating Funds' outstanding investments
immediately preceding the follow-on investment; and
    (ii) the aggregate amount recommended by the applicable Regulated
Entity Adviser to be invested by each Regulated Entity in such Co-
Investment Transaction, together with the amount proposed to be
invested by the Participating Funds and/or other Regulated Entity,
collectively, in the same transaction, exceeds the amount of the
investment opportunity, then the amount to be invested by each such
party will be allocated among them pro rata based on each party's
capital available for investment in the asset class being allocated, up
to the amount proposed to be invested by each.
    (d) The acquisition of Follow-On Investments as permitted by this
condition will be considered a Co-Investment Transaction for all
purposes and be subject to the other conditions set forth in the
application.
    9. The Independent Directors of each Regulated Entity will be
provided quarterly for review all information concerning Potential Co-
Investment Transactions and Co-Investment Transactions, including
investments made by other Regulated Entities or Affiliated Funds that
the Regulated Entity considered but declined to participate in, so that
the Independent Directors may determine whether all investments made
during the preceding quarter, including those investments that the
Regulated Entity considered but

declined to participate in, comply with the conditions of the Amended
Order. In addition, the Independent Directors will consider at least
annually the continued appropriateness for the Regulated Entities of
participating in new and existing Co-Investment Transactions.
    10. Each Regulated Entity will maintain the records required by
section 57(f)(3) as if each of the Regulated Entities were a BDC and
each of the investments permitted under these conditions were approved
by the Required Majority under section 57(f).
    11. No Independent Director of a Regulated Entity will also be a
director, general partner, managing member or principal, or otherwise
an ``affiliated person'' (as defined in the Act) of, any of the
Affiliated Funds.
    12. The expenses, if any, associated with acquiring, holding or
disposing of any securities acquired in a Co-Investment Transaction
(including, without limitation, the expenses of the distribution of any
such securities registered for sale under the 1933 Act) shall, to the
extent not payable by the Regulated Entity Advisers or the Affiliated
Investment Advisers under their respective investment advisory
agreements with the Regulated Entities and the Participating Funds, be
shared by the applicable Regulated Entities and the Participating Funds
in proportion to the relative amounts of their securities held or being
acquired or disposed of, as the case may be.
    13. Any transaction fee (including break-up or commitment fees but
excluding brokers' fees contemplated by section 57(k)(2) or 17(e)(2),
as applicable) received in connection with a Co-Investment Transaction
will be distributed to the applicable Regulated Entities and the
Participating Funds on a pro rata basis based on the amounts each
invested or committed, as the case may be, in such Co-Investment
Transaction. If any transaction fee is to be held by a Regulated Entity
Adviser or an Affiliated Investment Adviser pending consummation of the
transaction, the fee will be deposited into an account maintained by
the Regulated Entity Adviser or such other adviser, as the case may be,
at a bank or banks having the qualifications prescribed in section
26(a)(1), and the account will earn a competitive rate of interest that
will also be divided pro rata among each applicable Regulated Entity
and each Participating Fund based on the amount each invests in such
Co-Investment Transaction. None of the Affiliated Funds, Regulated
Entity Advisers, Affiliated Investment Advisers, or any affiliated
person of any of the Regulated Entities will receive additional
compensation or remuneration of any kind (other than (a) in the case of
the Regulated Entities and the Participating Funds, the pro rata
transaction fees described above and fees or other compensation
described in condition 2(c)(iii)(C) and (b) in the case of the
Regulated Entity Advisers and the Affiliated Advisers, investment
advisory fees paid in accordance with the Regulated Entities' and
Affiliated Funds' governing agreements) as a result of or in connection
with a Co-Investment Transaction.
    14. If the Regulated Entity Advisers, the Principals, any person
controlling, controlled by, or under common control with the Regulated
Entity Advisers or the Principals, and the Affiliated Funds
(collectively, the ``Holders'') own in the aggregate more than 25% of
the outstanding voting securities of a Regulated Entity (``Shares''),
then the Holders will vote such Shares as directed by an independent
third party (such as the trustee of a voting trust or a proxy adviser)
when voting on (1) the election of directors; (2) the removal of one or
more directors; or (3) any matters requiring approval by the vote of a
majority of the outstanding voting securities, as defined in section
2(a)(42).
    15. The Regulated Entity Advisers and the Affiliated Investment
Advisers will maintain written policies and procedures reasonably
designed to ensure compliance with the foregoing conditions. These
policies and procedures will require, among other things, that each
Regulated Entity Adviser will be notified of all Potential Co-
Investment Transactions that fall within the then-current Objectives
and Strategies of any Regulated Entity it advises and will be given
sufficient information to make its independent determination and
recommendations under conditions 1, 2(a), 7 and 8.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-26038 Filed 10-31-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Rules and Regulations]
[Pages 58110-58112]
[FR Doc No: 2011-24143]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0721]
RIN 1625-AA00

Safety Zone; Giannangeli Wedding Fireworks, Lake St. Clair,
Harrison Township, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake St. Clair, Harrison Township, MI. This zone is intended to
restrict vessels from a portion of Lake St. Clair during the
Giannangeli Wedding Fireworks.

DATES: This rule is effective and will be enforced from 10 p.m. through
10:30 p.m. on September 24, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0721 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0721 in the
``Keyword'' box, and then clicking ``Search.'' 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 or e-mail Lt. Adrian Palomeque, Prevention
Department, Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>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. Notice of this fireworks display was not
received in sufficient time for the Coast Guard to solicit public
comments before the start of the event. Thus, waiting for a notice and
comment period to run would be impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
the public from the hazards associated with maritime fireworks
displays.
    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. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

Background and Purpose

    On September 24, 2011, a private party is holding a land based
wedding that will include fireworks launched from a point on Lake St.
Clair. The fireworks display will occur between 10 p.m. and 10:30 p.m.,
September 24, 2011. The Captain of the Port Detroit has determined that
fireworks displays launched on or in the vicinity of navigable waters
pose hazards to the boating public. Such hazards include obstructions
to the waterway that may cause marine casualties, explosive danger of
fireworks, and debris falling into the water that may cause death or
serious bodily harm and property damage.

Discussion of Rule

    Because of the aforementioned hazards, the Captain of the Port
Detroit has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during the setup, loading,
and launching of the Giannangeli Wedding Fireworks Display. The safety
zone will encompass all waters on Lake St. Clair within a 420 foot
radius of the fireworks barge launch site located off the shore of
Harrison Township, MI at position 42[deg]36'31'' N, 082[deg]48'2'' W
from 10 p.m. until 10:30 p.m. on September 24, 2011. All geographic
coordinates are North American Datum of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on

scene patrol personnel. Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port
Detroit or his designated on scene representative. The Captain of the
Port or his designated on scene representative may be contacted via VHF
Channel 16.

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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone around the launch platform will
be relatively small and exist for only a minimal time. Thus,
restrictions on vessel movement within any particular area of Lake St.
Clair are expected to be minimal. Under certain conditions, moreover,
vessels may still transit through the safety zone when permitted by the
Captain of the Port.

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 will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in this portion of Lake St. Clair between 10 p.m.
through 10:30 p.m. on September 24, 2011.
    This safety zone will not have a significant economic impact on a
substantial number of small entities because vessels can easily transit
around the zone. The Coast Guard will give notice to the public via a
Broadcast Notice to Mariners that the regulation is in effect.

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 (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.

Taking of Private Property

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

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 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g) of
the Instruction because it involves the establishment of a temporary
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 record
keeping 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:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0721 to read as follows:

Sec.  165.T09-0721  Safety zone; Giannangeli Wedding Fireworks, Lake
St. Clair, Harrison Township, MI.

    (a) Location. The safety zone will encompass all U. S. navigable
waters on Lake St. Clair within a 420 foot radius of Harrison Township,
MI at position 42[deg]36'31'' N, 082[deg]48'2'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
    (b) Effective and Enforcement Period. This rule is effective and
will be enforced from 10 p.m. through 10:30 p.m. on September 24, 2011.
    (c) Regulations.
    (1) In accordance with the general regulations in Section 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Detroit, or
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on scene representative may be contacted via VHF Channel
16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so.
    (5) Vessel operators given permission to enter or operate in the
safety zone must comply with all directions given to them by the
Captain of the Port or his on-scene representative.

    Dated: September 6, 2011.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2011-24143 Filed 9-19-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Notices]
[Pages 19279-19280]
[FR Doc No: 2012-7642]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14354-000]

Long Canyon Pumped Storage Project; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On January 12, 2012, Utah Independent Power, Inc., Nevada, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the Long
Canyon Pumped Storage Project to be located near the town of Moab,
Grand County, Utah. The

project would affect federal lands administered by the Bureau of Land
Management. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land-disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of the following: (1) An upper
reservoir formed by a 160-foot-high by 6,750-foot-long, roller-
compacted concrete (RCC) dam (an open ``U''--shaped structure varying
from grade to roughly 160-foot-high) having a total storage capacity of
5,530 acre-feet and a water surface area of 90 acres at full pool
elevation of 6,000 feet above mean-sea-level (msl); (2) a lower
reservoir formed by a 200-foot-high by 730-foot-long, RCC dam, having a
total storage capacity of 5,530 acre-feet and a water surface area of
110 acres at full pool elevation of 4,200 feet msl; (3) two 8,510-foot-
long by 16-foot-diameter penstocks; (4) an underground powerhouse
roughly 750-feet-long by 175-feet-high by 70-feet-wide; (5) two 320-
foot-long by two 18-foot diameter tailraces; (6) an access tunnel
roughly 36-feet-in-diameter and 2,470-feet-long, connecting the
project's powerhouse to Grand County Highway 279; (7) the existing
trail-road relocated to the south side of the reservoir to an elevation
of 4,210 feet msl; and (8) pump-turbines with a capacity of roughly 800
megawatts (MW) (3 units x 267 MW unit). The annual energy output would
be approximately 1,077,000 megawatthours. Twin 25--kilovolt (kV)
circuit transmission lines would interconnect with an existing Rocky
Mountain Power transmission line via a 40-mile-long interconnection.
    Applicant Contact: Mr. Frank L. Mazzone, Utah Independent Power,
Inc., 957 Fairway Drive, Sonoma, CA 95476; phone<PHONE_NUMBER>.
    FERC Contact: Brian Csernak; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14354) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: March 23, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-7642 Filed 3-29-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Notices]
[Pages 25663-25664]
[FR Doc No: 2018-11889]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC18-93-000.
    Applicants: Beech Ridge Energy, LLC.
    Description: Application for Authorization under Section 203 of the
Federal Power Act and Request for Waivers and Expedited Action of Beech
Ridge Energy, LLC.
    Filed Date: 5/22/18.
    Accession Number: 20180522-0002.
    Comments Due: 5 p.m. ET 6/12/18.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2667-001.
    Applicants: Invenergy Cannon Falls LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Ownership to be effective N/A.
    Filed Date: 5/25/18.
    Accession Number: 20180525-5150.
    Comments Due: 5 p.m. ET 6/15/18.

    Docket Numbers: ER18-1481-001.
    Applicants: Duke Energy Florida, LLC.
    Description: Tariff Amendment: DEF Amendment to IA Annual Cost
Factor Update (2018) to be effective 5/1/2018.
    Filed Date: 5/25/18.
    Accession Number: 20180525-5140.
    Comments Due: 5 p.m. ET 6/15/18.

    Docket Numbers: ER18-1687-000.
    Applicants: Citizens Sunrise Transmission LLC.
    Description: Sec.  205(d) Rate Filing: Annual Operating Cost True-
Up Adjustment Informational Filing to be effective 6/1/2018.
    Filed Date: 5/25/18.
    Accession Number: 20180525-5091.
    Comments Due: 5 p.m. ET 6/15/18.

    Docket Numbers: ER18-1688-000.
    Applicants: Meadow Lake Wind Farm III LLC.
    Description: Baseline eTariff Filing: Rate Schedule for Reactive
Supply and Voltage Control to be effective 7/24/2018.
    Filed Date: 5/25/18.
    Accession Number: 20180525-5092.
    Comments Due: 5 p.m. ET 6/15/18.

    Docket Numbers: ER18-1689-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: GIA & DSA Valencia Energy
Storage Project SA Nos. 1023-1024 to be effective 5/16/2018.
    Filed Date: 5/25/18.
    Accession Number: 20180525-5115.
    Comments Due: 5 p.m. ET 6/15/18.

    Docket Numbers: ER18-1690-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Informational Filing [Cycle 7] of Transmission Owner
Rate Appendix X Formula rate mechanism of San Diego Gas & Electric
Company.
    Filed Date: 5/25/18.
    Accession Number: 20180525-5154.
    Comments Due: 5 p.m. ET 6/15/18.

    Docket Numbers: ER18-1691-000.
    Applicants: BSW ProjectCo LLC.
    Description: Request for Limited Tariff Waiver, et al. of BSW
ProjectCo LLC.
    Filed Date: 5/25/18.
    Accession Number: 20180525-5155.
    Comments Due: 5 p.m. ET 6/8/18.

    Docket Numbers: ER18-1692-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revised ISA No. 4242, Queue
No. Z1-092/AD1-142 to be effective 4/24/2018.
    Filed Date: 5/25/18.
    Accession Number: 20180525-5207.
    Comments Due: 5 p.m. ET 6/15/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 25, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-11889 Filed 6-1-18; 8:45 am]
 BILLING CODE 6717-01-P


OMB Control Number: 2060 0498 Pending Expiration Date: 6/ 30/ 06 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS II CONTROLLED SUBSTANCE EXPORTER QUARTERLY REPORT ( Sec 82.24)

SECTION 1 EXPORTING COMPANY IDENTIFICATION 1.1 Date of Submission 1.2 Number of Transactions Reported 1.3 Number of Pages Submitted 1.4 Quarter and Year to Which This Report Applies: 1 st 2 nd 3 rd 4 th Year 1.5 Exporting Company Company Name Street Address City State Zip Code 1.6 Company Contact Identification Reporting Company Contact Person Phone Number Fax Number E mail Address 1.7 Signature of Reporting Company Representative I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

Name Title Signature Date SEND COMPLETED FORMS TO: For U. S. Postal Service:

Tracking System Program Manager Stratospheric Protection Division U. S. EPA ( 6205J) 1200 Pennsylvania Avenue, NW Washington, DC 20460 For Private Courier:

Tracking System Program Manager Stratospheric Protection Division U. S. EPA ( 6205J) 1310 L Street, NW, 8th Floor Washington, DC 20005 The public reporting and recordkeeping burden for this collection of information is estimated to average 4.5 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822T), 1200 Pennsylvania Ave., NW, Washington, D. C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.

Pending EPA ICR NUMBER 2014.03, Revised 4/ 06 OMB Control Number: 2060 0498 Pending Expiration Date: 6/ 30/ 06 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS II CONTROLLED SUBSTANCE EXPORTER QUARTERLY REPORT ( Sec 82.24)

SECTION 2 TRANSACTION RECORDS ( Reproduce additional sheets as needed)

2.1 Company Name 2.2 Transaction Summaries TRANSACTION #

Recipient Company Name Street Address City Country Postal Code Article 5 Country Company Contact Person Phone Number Fax Number Quantity of Commodity Exported ( kg) If Export is not a Blend: HCFC Quantity ( kg)

If Export is a Blend: Name of Blend Quantity ( kg)

HCFC in Blend Quantity ( kg) HCFC in Blend Quantity ( kg) HCFC in Blend Quantity ( kg)

Date of Export ( mm/ dd/ yy) Port of Export from the U. S.

Select One: New Used Select One: Transformation Destruction Export Production Article 5 Produced with Production Allowances/ Consumption Allowances Exporting Vessel on which export was shipped: Exporter EIN from Customs Form 7525:

( Complete if export production allowances or Article 5 allowances is selected above)

TRANSACTION #

Recipient Company Name Street Address City Country Postal Code Article 5 Country Company Contact Person Phone Number Fax Number Quantity of Commodity Exported ( kg) If Export is not a Blend: HCFC Quantity ( kg)

If Export is a Blend: Name of Blend Quantity ( kg)

HCFC in Blend Quantity ( kg) HCFC in Blend Quantity ( kg) HCFC in Blend Quantity ( kg)

Date of Export ( mm/ dd/ yy) Port of Export from the U. S.

Select One: New Used Select One: Transformation Destruction Export Production Article 5 Produced with Production Allowances/ Consumption Allowances Exporting Vessel on which export was shipped: Exporter EIN from Customs Form 7525:

( Complete if export production allowances or Article 5 allowances is selected above)

Pending EPA ICR NUMBER 2014.03, Revised 4/ 06 OMB Control Number: 2060 0498 Pending Expiration Date: 6/ 30/ 06 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS II CONTROLLED SUBSTANCE EXPORTER QUARTERLY REPORT ( Sec 82.24)

SECTION 3 COMPANY EXPORT TOTALS ( Reproduce Additional Sheets as Needed)

3.1 Company Name 3.2 Transaction Summaries Class II Substance ( Commodity Code)

( Select only one below)

HCFC 22 ( 2903.49.9010) HCFC 123 ( 2903.49.0000) HCFC 124 ( 2903.49.0000) HCFC 133 ( 2903.49.0000)

HCFC 141b ( 2903.49.0000) HCFC 142b ( 2903.49.0000) HCFC 225ca ( 2903.49.0000) HCFC 225cb ( 2903.49.0000)

HCFC and Commodity Code ( if not listed above)

Country Receiving Export Quantity of Class II Substance Exported ( kg)

Pending EPA ICR NUMBER 2014.03, Revised 4/ 06


[Federal Register Volume 79, Number 25 (Thursday, February 6, 2014)]
[Notices]
[Pages 7176-7177]
[FR Doc No: 2014-02486]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL14-21-000]

Southwest Power Pool, Inc. v. Midcontinent Independent System
Operator, Inc.; Notice of Complaint

    Take notice that on January 28, 2014, pursuant to sections 206 and
306 of the Federal Power Act, 16 U.S.C. 824(e) and 825(e) and Rule 206
of the Rules of Practice and Procedure of the Federal Energy Regulatory
Commission (Commission), 18 CFR 385.206, Southwest Power Pool, Inc.
(Complainant) filed a formal complaint against Midcontinent Independent
System Operator, Inc. (Respondent) alleging that, the Respondent is
violating (1) the Joint Operating Agreement (JOA) between the
Complainant and Respondent and (2) Complainant's Open Access
Transmission Tariff (Tariff), requiring the Respondent to compensate
the Complainant for use of the Complainant's transmission system in
accordance with the Complainant's tariff. Alternatively, Complainant
requests that the Commission find that the JOA is no longer just,
reasonable, and not unduly discriminatory to the extent it does not
provide a mechanism by which the Complaint may assess charges for
Respondent's use of the Complainant transmission system.
    The Complainant certifies that copies of the complaint were served
on the contacts for the Respondent as listed on the Commission's list
of Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and

interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on February 18, 2014.

    Dated: January 30, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-02486 Filed 2-5-14; 8:45 am]
BILLING CODE 6717-01-P