[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Notices]
[Page 2780]
[FR Doc No: 2022-00930]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP22-481-000.
    Applicants: Williams Energy Resources LLC, Sequent Energy
Management, LP.
    Description: Joint Petition for Temporary Waiver of Capacity
Release Regulations, et al. of Sequent Energy Management, LP, et al.
    Filed Date: 1/11/22.
    Accession Number: 20220111-5156.
    Comment Date: 5 p.m. ET 1/24/22.

    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.

Filings in Existing Proceedings

    Docket Numbers: RP20-980-004.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Refund Report: ETNG RP21-980 Refund Report to be
effective N/A.
    Filed Date: 1/12/22.
    Accession Number: 20220112-5039.
    Comment Date: 5 p.m. ET 1/24/22.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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: January 12, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-00930 Filed 1-18-22; 8:45 am]
BILLING CODE 6717-01-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Friday, September 21, 2018 4:33 PM
To:
Eric Stuart<EMAIL_ADDRESS>Subject:
better list with map; excel file for you

Eric--I fixed some of the alphabetical order here and reduced the pages. Placeholders for new CMC facilities from Gerdau are sorted by city name in the alpha list. I've included the spreadsheet in case you want to edit in future or use yourself.
_____________________________________________________________
Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D 243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

<< EAF-Map-2018.pdf >>
<< EPA-SMA-EAF_Map_Facility_List_9.21.18.xlsx >>


[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Rules and Regulations]
[Pages 50479-50482]
[FR Doc No: 2018-21462]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0357; Product Identifier 2018-NM-035-AD; Amendment
39-19428; AD 2018-19-27]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Dassault Aviation Model FALCON 2000EX airplanes. This AD was

prompted by the manufacturer revising the airplane maintenance manual
(AMM) maintenance requirements and airworthiness limitations. This AD
requires revising the maintenance or inspection program, as applicable,
to incorporate new maintenance requirements and airworthiness
limitations. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective November 13, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 13,
2018.

ADDRESSES: For service information identified in this final rule,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet
http://www.dassaultfalcon.com. You may view this service information at
the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. 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-
0357.

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-2018-
0357; 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 address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Dassault Aviation
Model FALCON 2000EX airplanes. The NPRM published in the Federal
Register on April 30, 2018 (83 FR 18760). The NPRM was prompted by the
manufacturer revising the AMM maintenance requirements and
airworthiness limitations. The NPRM proposed to require revising the
maintenance or inspection program, as applicable, to incorporate new
maintenance requirements and airworthiness limitations. We are issuing
this AD to address reduced structural integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2018-0021, dated January 29, 2018 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Dassault
Aviation Model FALCON 2000EX airplanes. The MCAI states:

    The airworthiness limitations for Dassault Falcon 2000EX
aeroplanes, which are approved by EASA, are currently defined and
published in Aircraft Maintenance Manual (AMM) Airworthiness
Limitations Section (ALS) Chapter 5-40. These instructions have been
identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition [i.e., reduced structural integrity of the
airplane].
    EASA previously issued [EASA] AD 2012-0157 [which corresponds to
FAA AD 2014-16-12, Amendment 39-17936 (79 FR 52187, September 3,
2014) (``AD 2014-16-12'')], requiring the actions described in
Dassault Falcon 2000EX AMM Chapter 5-40 (DGT 113877) at Revision 07.
    Since that [EASA] AD was issued, Dassault published Revision 11
of Dassault Falcon 2000EX AMM Chapter 5-40 (DGT 113877), containing
new and/or more restrictive maintenance tasks and introducing (among
other changes) an operational test for Cursor Control Device.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2012-0157, which is superseded, and requires
accomplishment of the actions specified in the Dassault Falcon
2000EX AMM Chapter 5-40 (DGT 113877) at Revision 11 * * *.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0357.

Comments

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

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule as proposed,
except for minor editorial changes. We have determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, DGT 113877, Revision 11, dated November 2017, of the
Dassault Falcon 2000EX Maintenance Manual. This service information
describes instructions applicable to airworthiness and safe life
limitations. 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.

Costs of Compliance

    We estimate that this AD affects 181 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:
    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

Authority for This Rulemaking

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

that is likely to exist or develop on products identified in this
rulemaking action.
    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 transport category airplanes and
associated appliances to the Director of the System Oversight Division.

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,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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):

2018-19-27 Dassault Aviation: Amendment 39-19428; Docket No. FAA-
2018-0357; Product Identifier 2018-NM-035-AD.

(a) Effective Date

    This AD is effective November 13, 2018.

(b) Affected ADs

    This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 79952,
December 21, 2010) (``AD 2010-26-05''); and AD 2014-16-12, Amendment
39-17936 (79 FR 52187, September 3, 2014) (``AD 2014-16-12'').

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 2000EX
airplanes, certificated in any category, with an original
certificate of airworthiness or original export certificate of
airworthiness issued on or before January 15, 2018.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by manufacturer revisions to the airplane
maintenance manual (AMM) that introduce new or more restrictive
maintenance requirements and airworthiness limitations. We are
issuing this AD to address reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in Chapter 5-40, Airworthiness Limitations,
DGT 113877, Revision 11, dated November 2017, of the Dassault Falcon
2000EX Maintenance Manual. The initial compliance times for doing
the tasks are at the time specified in Chapter 5-40, Airworthiness
Limitations, DGT 113877, Revision 11, dated November 2017, of the
Dassault Falcon 2000EX Maintenance Manual, or within 90 days after
the effective date of this AD, whichever occurs later; except for
task number 52-20-00-610-801-01, the initial compliance time is
within 24 months after October 8, 2014 (the effective date of AD
2014-16-12). The term ``LDG'' in the ``First Inspection'' column of
any table in Chapter 5-40, Airworthiness Limitations, DGT 113877,
Revision 11, dated November 2017, means total airplane landings. The
term ``FH'' in the ``First Inspection'' column of any table in
Chapter 5-40, Airworthiness Limitations, DGT 113877, Revision 11,
dated November 2017, means total flight hours. The term ``FC'' in
the ``First Inspection'' column of any table in Chapter 5-40,
Airworthiness Limitations, DGT 113877, Revision 11, dated November
2017, means total flight cycles.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (j)(1) of
this AD.

(i) Terminating Actions for Other ADs

    (1) Accomplishing the actions required by paragraph (g) of this
AD terminates all of the requirements of AD 2014-16-12.
    (2) Accomplishing the actions specified in paragraph (g) of this
AD terminates the requirements of paragraph (g) of AD 2010-26-05 for
Dassault Aviation Model FALCON 2000EX airplanes.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [email protected]. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0021, dated January 29, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0357.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(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 this AD specifies otherwise.
    (i) Chapter 5-40, Airworthiness Limitations, DGT 113877,
Revision 11, dated

November 2017, of the Dassault Falcon 2000EX Maintenance Manual.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet http://www.dassaultfalcon.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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 Des Moines, Washington, on September 14, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-21462 Filed 10-5-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Proposed Rules]
[Pages 5044-5046]
[FR Doc No: 2021-00498]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-1195; Airspace Docket No. 20-ANE-11]
RIN 2120-AA66

Proposed Establishment of Class E Airspace; Framingham, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface for MSP GHQ Heliport,
Framingham, MA, to accommodate new area navigation (RNAV) global
positioning system (GPS) standard instrument approach procedures
(SIAPs) serving this heliport. Controlled airspace is necessary for the
safety and management of instrument flight rules (IFR) operations in
the area.

DATES: Comments must be received on or before March 5, 2021.

ADDRESSES: Send comments on this proposal to: the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
Telephone:<PHONE_NUMBER>, or<PHONE_NUMBER>. You must identify the
Docket No. FAA-2020-1195; Airspace Docket No. 20-ANE-11, at the
beginning of your comments. You may also submit comments through the
internet at https://www.regulations.gov.
    FAA Order 7400.11E Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT:  John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would establish Class E airspace at MSP GHQ Heliport in
Framingham, MA, to support IFR operations in the area.

Comments Invited

    Interested persons are invited to comment on this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2020-1195 and Airspace Docket No. 20-ANE-11) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for the
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2020-1195; Airspace Docket No. 20-ANE-11.'' The postcard
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this document may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA proposes an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to establish Class E airspace extending
upward from 700 feet above the surface at MSP GHQ Heliport
(Massachusetts State Police HQ), Framingham, MA, providing the
controlled airspace required to support the new RNAV (GPS) standard
instrument approach procedures for IFR operations at this heliport.
    Class E airspace designations are published in Paragraph 6005, of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'', prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11E, Airspace Designations and Reporting
Points, dated July 21, 2020, and effective September 15, 2020, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANE MA E5 Framingham, MA [New]

MSP GHQ Heliport, MA
    (Lat. 42[deg]17'48'' N, long. 71[deg]24'57'' W)

    That airspace extending upward from 700 feet above the surface
within a 6-mile radius of MSP GHQ Heliport.

    Issued in College Park, Georgia, on January 7, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2021-00498 Filed 1-15-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70529-70530]
[FR Doc No: 2012-28576]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2012-0281]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 18 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions will enable these individuals to operate CMVs in
interstate commerce.

DATES: The exemptions are effective November 26, 2012. The exemptions
expire on November 26, 2014.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room
W64-224, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal

Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On September 27, 2012, FMCSA published a notice of receipt of
Federal diabetes exemption applications from 18 individuals and
requested comments from the public (77 FR 59447). The public comment
period closed on October 29, 2012, and no comments were received.
    FMCSA has evaluated the eligibility of the 18 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These 18 applicants have had ITDM over a range of 1 to 24 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the September 27, 2012, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Conclusion

    Based upon its evaluation of the 18 exemption applications, FMCSA
exempts Charles E. Castle (OH), Robert R. Coscio (NY), Larry W. Dearing
(IN), Bradley E. DeWitt (OR), Leonard R. Dobosenski (MN), Rodney L.
Fife (OH), Patrick J. Flynn (IA), Thomas K. Galford (WV), Laurence S.
Goldstein (NY), Michael L. Kiefer (SD), Marcus J. Kyle (IA), Kevin K.
Leavey (NJ), Sharon K. Locke (IN), David J. Maxwell (ND), Robert C.
Moore (PA), Jedediaha C. Record (WY), Jessie L. Webster (KY), Robert F.
Zitoli (MA) from the ITDM requirement in 49 CFR 391.41(b)(3), subject
to the conditions listed under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if the following occurs: (1) The person fails to comply
with the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: November 14, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-28576 Filed 11-23-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38707-38708]
[FR Doc No: 2013-15387]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: ER10-1246-002; ER10-1982-003; ER10-1253-002; ER10-
1252-002; ER13-764-001; ER12-2498-002; ER12-2499-002.
    Applicants: Consolidated Edison Energy, Inc.
    Description: Consolidated Edison Energy, Inc., et al. Supplement to
May 24, 2013 Notice of non-material change status.
    Filed Date: 6/11/13.
    Accession Number: 20130611-5146.
    Comments Due: 5 p.m. ET 7/2/13.

    Docket Numbers: ER10-2374-001; ER10-1533-002.
    Applicants: Puget Sound Energy, Inc., Macquarie Energy LLC.
    Description: Supplement to December 17, 2012 Notice of Non-Material
Change in Status of Puget Sound Energy, Inc. et al.
    Filed Date: 6/12/13.
    Accession Number: 20130612-5126.
    Comments Due: 5 p.m. ET 7/3/13.

    Docket Numbers: ER11-3643-005.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per 35: OATT Revised
Sections per Transmission Rate Case to be effective 12/25/2011.
    Filed Date: 6/13/13.
    Accession Number: 20130613-5077.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1199-001.
    Applicants: New York Independent System Operator, Inc.
    Description: NYISO compliance filing notice of delay effective date
to be effective 6/18/2013.
    Filed Date: 6/12/13.
    Accession Number: 20130612-5113.
    Comments Due: 5 p.m. ET 7/3/13.

    Docket Numbers: ER13-1380-001.
    Applicants: New York Independent System Operator, Inc.
    Description: NYISO Response to NCZ Deficiency Letter to be
effective 1/27/2014.
    Filed Date: 6/12/13.
    Accession Number: 20130612-5120.
    Comments Due: 5 p.m. ET 6/19/13.

    Docket Numbers: ER13-1552-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Name Change Withdrawal Filing 3 to be
effective N/A.
    Filed Date: 6/12/13.
    Accession Number: 20130612-5041.
    Comments Due: 5 p.m. ET 7/3/13.

    Docket Numbers: ER13-1679-000.
    Applicants: San Diego Gas & Electric Company.
    Description: LGIA Amendment to be effective 6/13/2013.
    Filed Date: 6/12/13.
    Accession Number: 20130612-5084.
    Comments Due: 5 p.m. ET 7/3/13.

    Docket Numbers: ER13-1680-000.
    Applicants: EDF Industrial Power Services (OH), LLC.
    Description: EDF Industrial OH Rate Schedule to be effective 6/13/
2013.
    Filed Date: 6/12/13.
    Accession Number: 20130612-5086.
    Comments Due: 5 p.m. ET 7/3/13.

    Docket Numbers: ER13-1681-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Ministerial Clean-Up Filing-Section 7.4 of the OATT
Att K and OA Schedule 1 to be effective 6/1/2013.
    Filed Date: 6/12/13.
    Accession Number: 20130612-5104.
    Comments Due: 5 p.m. ET 7/3/13.

    Docket Numbers: ER13-1682-000.
    Applicants: Florida Power & Light Company.
    Description: Rate Schedule No. 325 SR 70 Substation IA between FPL,
Seminole and Peace River to be effective 8/11/2013.
    Filed Date: 6/12/13.
    Accession Number: 20130612-5117.
    Comments Due: 5 p.m. ET 7/3/13.

    Docket Numbers: ER13-1683-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc.
confidential information requests and CFTC exemptions to be effective
9/15/2013.

    Filed Date: 6/13/13.
    Accession Number: 20130613-5085.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1684-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc.: NYISO/PJM
joint 205 filing on JOA M2M provision to be effective 8/14/2013.
    Filed Date: 6/13/13.
    Accession Number: 20130613-5086.
    Comments Due: 5 p.m. ET 7/5/13.

    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: June 13, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-15387 Filed 6-26-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Rules and Regulations]
[Pages 13495-13497]
[FR Doc No: 2015-05807]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0851; FRL-9923-07-Region 9]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Sacramento Metropolitan Air
Quality Management District (SMAQMD) and South Coast Air Quality
Management District (SCAQMD) portions of the California State
Implementation Plan (SIP). These revisions concern particulate matter
(PM) emissions from residential wood burning and particulate matter air
pollution control devices. We are approving local rules that regulate
these emission sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on May 15, 2015 without further notice,
unless EPA receives adverse comments by April 15, 2015. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0851, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were amended by the local air agencies and submitted by the California
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title             Amended        Submitted
----------------------------------------------------------------------------------------------------------------
SMAQMD................................             421  Mandatory Episodic              09/24/09        09/21/12
                                                         Curtailment of Wood and
                                                         Other Solid Fuel
                                                         Burning (except section
                                                         402).
SCAQMD................................            1155  Particulate Matter (PM)         05/02/14        07/25/14
                                                         Control Devices.
----------------------------------------------------------------------------------------------------------------

    On October 11, 2012 and September 11, 2014, EPA determined that the
submittal for SMAQMD Rule 421 and SCAQMD Rule 1155, respectively, met
the completeness criteria in 40 CFR part 51 Appendix V, which must be
met before formal EPA review.

B. Are there other versions of these rules?

    There are no previous versions of SMAQMD Rule 421 and SCAQMD 1155
in the SIP, although the SCAQMD adopted an earlier version of Rule 1155
on December 4, 2009, and CARB submitted it to us on August 25, 2010.
While we can act on only the most recently submitted version, we have
reviewed materials provided with the previous submittal.

C. What is the purpose of the submitted rules?

    PM contributes to effects that are harmful to human health and the
environment, including premature mortality, aggravation of respiratory
and cardiovascular disease, decreased lung function, visibility
impairment, and damage to vegetation and ecosystems. Section 110(a) of
the CAA requires States to submit regulations that control PM
emissions. SMAQMD Rule 421 reduces emissions of particulate matter by
restricting operation of wood burning appliances on days when the
particulate matter concentration is forecast to exceed ambient air
quality standards. SCAQMD Rule 1155 establishes minimum performance and
maintenance requirements for permitted particulate matter (PM) air
pollution control devices. EPA's technical support documents (TSD) have
more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act) and must not relax existing requirements (see sections 110(l) and
193). In addition, SMAQMD and SCAQMD regulate PM2.5
nonattainment areas (see 40 CFR 81.305), so the Reasonably Available
Control Measure (RACM) requirement (see CAA section 189(a)(1)) applies
to these areas.
    Guidance and policy documents that we use to evaluate
enforceability and RACM requirements consistently include the
following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (revised January 11, 1990) (the
Bluebook).
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August
16, 1994).
    5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.

B. Do the rules meet the evaluation criteria?

    We believe SMAQMD Rule 421 (except section 402) and the Financial
Hardship Exemption Decision Tree outlining the criteria for granting
waivers submitted as non-regulatory supplemental material, and SCAQMD
Rule 1155 are consistent with the relevant policy and guidance
regarding enforceability, RACM, and SIP relaxations. The TSDs have more
information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by April 15, 2015, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on May 15, 2015. This will incorporate these
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);

     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 15, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: January 23, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(423) (i)(B)(2)
and (ii) and (c)(447)(i)(C) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (423) * * *
    (i) * * *
    (B) * * *
    (2) Rule 421, ``Mandatory Episodic Curtailment of Wood and Other
Solid Fuel Burning (except section 402),'' amended on September 24,
2009.
    (ii) Additional Material.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 421, ``Mandatory Episodic Curtailment of Wood and Other
Solid Fuel Burning,'' Financial Hardship Exemption Decision Tree, dated
December 12, 2007.
* * * * *
    (447) * * *
    (i) * * *
    (C) South Coast Air Quality Management District.
    (1) Rule 1155, ``Particulate Matter (PM) Control Devices,'' amended
on May 2, 2014.
* * * * *
[FR Doc. 2015-05807 Filed 3-13-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Notices]
[Page 7337]
[FR Doc No: 2016-02759]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL16-32-000]

Talen Energy Marketing, LLC; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On February 5, 2016, the Commission issued an order in Docket No.
EL16-32-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an investigation into the justness and
reasonableness of Talen Energy Marketing, LLC's informational filing
pursuant to Schedule 2 to the PJM Interconnection, LLC's Open Access
Transmission Tariff supporting the revenue requirement for reactive
supply and voltage control service (Reactive Service) of Talen
Ironwood, LLC. Talen Energy Marketing, LLC, 154 FERC ] 61,087 (2016).
    The refund effective date in Docket No. EL16-32-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.

    Dated: February 5, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-02759 Filed 2-10-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Notices]
[Page 7534-7535]
[DOCID:fr17fe09-180]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-10]

Petitions for Exemption; Summary of Petitions Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of any petition or its final disposition.

DATES: Comments on petitions received must identify the petition docket
number involved and must be received on or before March 9, 2009.

ADDRESSES: You may submit comments identified by Docket Number FAA-
2009-0040 by any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for submitting your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at 1-
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Privacy: We will post all comments we receive, without
change, to http://www.regulations.gov, including any personal
information you provide. Using the search function of our docket Web
site, anyone can find and read the comments received into any of our
dockets, including the name of the individual sending the comment (or
signing the comment for an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).
     Docket: To read background documents or comments received,
go to http://www.regulations.gov at any time or to the Docket
Management Facility in Room W12-140 of the West Building Ground Floor
at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Paul Pellicano, Small Airplane
Directorate (ACE-111), Federal Aviation Administration, 901 Locust,
Room 301, Kansas City, MO 64106, fax<PHONE_NUMBER>, telephone 770-703-
6064; or Ralen Gao, Office of Rulemaking, ARM-209, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591, fax
202-267-5075, telephone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on February 10, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petitions for Exemption

    Docket No.: FAA-2009-0040.
    Petitioner: Cirrus Design Corporation.
    Section of 14 CFR Affected: 14 CFR, part 23, Sec.  23.1419(a).
    Description of Relief Sought: To allow the Cirrus Model SR22 to be
certified for flight into known icing without meeting the 61 knot stall
speed requirement in Sec.  23.1419(a). Cirrus Design Corporation
states, in their request for exemption letter, that the increased
safety associated with the operational envelope expansion, without a
negative impact on aircraft utility, is in the public interest. Cirrus
Design Corporation states that the Model SR22 has the compensating
factors listed in paragraph 13.a.(c) of Advisory Circular 23.1419-2D,
dated April 19, 2007, and,

therefore, the level of safety will not be adversely affected by this
exemption.

 [FR Doc. E9-3348 Filed 2-13-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Notices]
[Page 69740]
[FR Doc No: 2013-27688]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Airports
Grants Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on August 21, 2013, vol. 78, no. 162, page 51807. The FAA
collects data from airport sponsors and planning agencies to determine
eligibility, and to ensure proper use of Federal Funds and project
accomplishment for the Airports Grants Program.

DATES: Written comments should be submitted by December 20, 2013.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0569.
    Title: Airports Grants Program.
    Form Numbers: FAA forms 5100-100, 5100-101, 5100-108, 5100-125,
5100-126, and 5370-1.
    Type of Review: Renewal of an information collection.
    Background: Codification of Certain U.S. Transportation Laws at 49
U.S.C. (Pub. L. 103-272), which is referred to as the ``Act,'' provides
funding for airport planning and development projects at airports
included in the National Plan of Integrated Airport Systems. The Act
also authorizes funds for noise compatibility planning and to carry out
noise compatibility programs. The information required by this program
is necessary to protect the Federal interest in safety, efficiency, and
utility of the Airport. Data is collected to meet report requirements
of 49 CFR part 18 for financial management and performance monitoring.
Information is collected in the application, and grant agreement
amendments; financial management; and performance reporting.
    Respondents: Approximately 1,950 sponsors and planning agencies for
grant projects.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 6.75 hours.
    Estimated Total Annual Burden: 80,569 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on: November 13, 2013.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2013-27688 Filed 11-19-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Notices]
[Page 24388]
[FR Doc No: 2022-08771]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. DOT-OST-2022-0020]

Agency Information Collection Activities: Requests for Comments;
Clearance of a New Approval of Information Collection: Airport
Concession Disadvantaged Business Enterprise (ACDBE) Program;
Correction

AGENCY: Federal Aviation Administration (FAA), Transportation (DOT).

ACTION: Notice; correction.

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SUMMARY: The FAA published a Federal Register Notice with a 30-day
comment period soliciting comments on the following collection of
information was published on March 18, 2022. The collection involves
information collected under the Department of Transportation (DOT)
Airport Concession Disadvantaged Business Enterprise (ACDBE) Program.
The FAA revised the estimated burden to respondents since the publish
date of the previous notice, thus resulting in a lower information
collection burden to respondents.

FOR FURTHER INFORMATION CONTACT: Nicholas Giles, by email at:
[email protected]; phone:<PHONE_NUMBER> Marcus England, by email
at: [email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Correction: In the Federal Register of March
18, 2022, FR Doc. 2022-05760, on page 15486, starting in the second
column, the estimated burden is corrected as follows:

3. Monitoring and Compliance Procedures

    The FAA estimated the total annual cost burden by multiplying the
total annual burden hours (153 hours x 14,256 responses).
    Total Annual Burden Hours: 2,181,168 hours.

4. Requirements for Submitting Overall Goal Information to the FAA

    The FAA divided the total number of respondents subject to the
requirement by three (396/3) to reflect that ACDBE overall goals are
submitted on a triennial basis. Thus, approximately 132 respondents are
required to report ACDBE overall goal information to the FAA each year.
    Respondents: Recipients of FAA grants for Airport Development.
    Number of Respondents: 396.
    Frequency: Annually.
    Number of Responses: 132.
    Total Annual Burden Hours: 6,996 hours.

5. Requirements Relating to Shortfalls in Meeting Overall ACDBE Goals

    5a. Respondents: CORE 30 Airports--Respondents consisting of CORE
30 airports or other airports designated by the FAA to submit, within
90 days of the end of the fiscal year, an analysis and corrective
actions to the FAA for approval.
    Number of Respondents: 19.
    Frequency: Annually.
    Number of Responses: 19.
    Total Annual Burden Hours: 399 hours.
    5b. Respondents: Non-CORE 30 Airports--Respondents that are not a
CORE 30 airport must retain the shortfall analysis in their records for
three years and make them available to the FAA, on request, for their
review.
    Number of Respondents: 120.
    Frequency: Annually.
    Number of Responses: 120.
    Total Annual Burden Hours: 2,520 hours.
    OMB Control Number: 2120-NEW.
    Title: Airport Concession Disadvantaged Business Enterprise (ACDBE)
Program.
    Form Numbers: None.
    Type of Review: An information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on October 25, 2021. The Federal Register Notice with a
30-day comment period soliciting comments on the following collection
of information was published on March 18, 2022. This notice corrects
the inaccurate burden estimates provided in the previous notice. The
Airport Concession Disadvantaged Business Enterprise (ACDBE) Program
requires collection of information necessary to ensure that firms
competing for airport development concession opportunities are not
disadvantaged by unlawful discrimination.
    Respondents: Approximately 396 recipients of FAA grants for airport
development.
    Frequency: There are one-time, annual, and triennial information
collection requirements related to this program.
    Estimated Average Burden per Response: 43 hours per reporting
response, 153 hours per recordkeeping response.
    Estimated Total Annual Burden: 2,224,391 hours.

    Issued in Washington, DC, on April 20, 2022.
Nicholas Giles,
Equal Opportunity Specialist, Office of Civil Rights, National Airport
Civil Rights Policy and Compliance, FAA.
[FR Doc. 2022-08771 Filed 4-22-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Notices]
[Page 58271-58274]
[DOCID:fr06oc08-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-28426; 812-13392]

H&Q Healthcare Investors, et al.; Notice of Application

September 30, 2008.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order under rule 17d-1 under the
Investment Company Act of 1940 (``Act'') to permit certain joint
transactions.

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

Applicants: H&Q Healthcare Investors (``HQH''); H&Q Life Sciences
Investors (``HQL''); Hambrecht & Quist Capital Management LLC on behalf
of itself and its successors (``HQCM''); Promere Fund LP (``Promere
Fund''); Promere Performance LLC (``Promere General Partner''); Promere
Capital Management LLC on behalf of itself and its successors
(``Promere Manager''); Ardance Fund LP (``Ardance Fund''); Ardance
Performance LLC (``Ardance General Partner''); and Ardance Capital
Management LLC on behalf of itself and its successors (``Ardance
Manager'').\1\
---------------------------------------------------------------------------

    \1\ The term ``successor,'' as applied to HQCM, Promere Manager,
and Ardance Manager, means an entity that results from a
reorganization into another jurisdiction or a change in the type of
business organization.

Summary of Application: Applicants request an order to permit certain
registered investment companies to coinvest with certain affiliated
entities.\2\
---------------------------------------------------------------------------

    \2\ All existing entities that currently intend to rely on 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.

Filing Dates: The application was filed on May 30, 2007, and amended on
---------------------------------------------------------------------------
July 25, 2008 and September 30, 2008.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on October 27, 2008 and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants: c/o Hambrecht &
Quist Capital Management LLC, 2 Liberty Square, Ninth Floor, Boston, MA
02109, Attention: Daniel R. Omstead, PhD.

FOR FURTHER INFORMATION CONTACT: Jean E. Minarick, Senior Counsel, at
(202) 551-6811, or Janet M. Grossnickle, Assistant Director, at (202)
551-6821 (Division of Investment Management, Office of Investment
Company Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549-1520 (tel.<PHONE_NUMBER>).

Applicants' Representations

    1. HQCM, a limited liability company organized under the laws of
Delaware, is an investment adviser registered under the Investment
Advisers Act of 1940 (``Advisers Act''). Promere Manager, a limited
liability company organized under the laws of Delaware, is an
investment adviser exempt from registration under the Advisers Act.
Ardance Manager, a limited liability company organized under the laws
of Delaware, is an investment adviser exempt from registration under
the Advisers Act.
    2. HQH, a Massachusetts business trust, is registered under the Act
as a diversified closed-end management investment company. HQH's
investment objective is long-term capital appreciation through
investment in companies in the health care industry. HQCM serves as
HQH's investment adviser and manages its day-to-day operations.
    3. HQL, a Massachusetts business trust, is registered under the Act
as a diversified closed-end management investment company. HQL's
investment objective is long-term capital appreciation through
investment in companies involved in scientific advances in life
sciences (including biotechnology, pharmaceutical, diagnostics, managed
health care and medical equipment, hospitals, health care information
technology and services, devices and supplies), agriculture and
environmental management fields. HQCM acts as HQL's investment adviser
and manages the day-to-day operations of HQL. From time to time, HQCM
or an entity controlling, controlled by or under common control with
HQCM (collectively, with HQCM, the ``Adviser'') may serve as investment
adviser or sub-adviser to other registered closed-end management
investment companies (together with HQH and HQL, the ``Registered
Funds'') that will engage in investment activities similar to those
engaged in by HQH and HQL.
    4. Promere Manager will make investment decisions for Promere Fund,
a Delaware limited partnership, that intends to qualify for an
exclusion from the definition of an investment company under section
3(c)(7) of the Act. Promere General Partner, a Delaware limited
liability company, that is under common control with Promere Manager,
is the general partner of Promere Fund and will manage the business and
affairs of Promere Fund. Promere Fund will seek long-term capital
appreciation by investing primarily in privately held companies in the
health care and life sciences industries.
    5. Ardance Manager will make investment decisions for Ardance Fund,
a Delaware limited partnership, that intends to qualify for the
exclusion from the definition of an investment company under section
3(c)(1) of the Act. Ardance General Partner, a Delaware limited
liability company, that is under common control with Ardance Manager,
is the general partner of Ardance Fund and will manage the business and
affairs of Ardance Fund. Ardance Fund will seek absolute returns on an
annual basis while managing risk in both rising and falling markets.
Ardance Fund's strategy for achieving this objective is to invest
primarily in a portfolio of long and short equity positions focused on
publicly traded companies in the health care industry. Although Ardance
Fund will invest primarily in publicly traded securities and
derivatives (e.g., for hedging and speculative purposes), it is
possible that Ardance Fund may coinvest with HQH, HQL and/or Promere
Fund in private placement securities. From time to time, the Adviser,
Promere Manager or Ardance Manager may manage other accounts that are
not registered investment companies in reliance on sections 3(c)(1) or
3(c)(7) of the Act (such accounts, together with Promere Fund and
Ardance Fund, the ``Unregistered Funds'').
    6. Applicants seek an order under rule 17d-1 under the Act to the
extent necessary to permit HQH, HQL, and each other Registered Fund
that is advised by an Adviser and the Unregistered Funds to coinvest in
private placement transactions in which the Adviser, Promere Manager
and/or

Ardance Manager negotiate terms in addition to price (``private
placement securities''), make follow-on investments in the issuers of
private placement securities (``Follow-On Investments''), and exercise
warrants, conversion privileges, and other rights associated with such
private placement securities (collectively, the ``Co-investment
Transactions''). The total available capital (``Total Available
Capital'') of each Registered Fund and Unregistered Fund is the amount
of total assets of each such fund available for investment in private
placement securities, subject to applicable regulatory restrictions and
the fund's fundamental investment restrictions and policies. The Board
of Trustees (``Board'') of each Trust has set a limit on the amount of
initial investment of each Trust in securities of an issuer in private
placement transactions (the ``Investment Limit''), as described in the
application.

Applicants' Legal Analysis

    1. Section 17(d) of the Act and rule 17d-1 under the Act generally
prohibit any affiliated person of a registered investment company, or
affiliated person of an affiliated person, when acting as principal,
from effecting any joint transaction in which the company participates
unless the transaction is approved by the Commission. Rule 17d-1 under
the Act provides that in passing upon applications under section 17(d),
the Commission will consider whether the participation of a registered
investment company in a joint enterprise on the basis proposed is
consistent with the provisions, policies, and purposes of the Act and
the extent to which the company's participation is on a basis different
from or less advantageous than that of other participants.
    2. Section 2(a)(3) of the Act, in relevant part, defines an
``affiliated person'' of another person as (a) Any person directly or
indirectly owning, controlling, or holding with power to vote, 5% or
more of the outstanding voting securities of the other person; (b) any
person 5% or more of whose outstanding voting securities are directly
or indirectly owned, controlled, or held with power to vote by the
other person; (c) any person directly or indirectly controlling,
controlled by, or under common control with the other person and (d)
any officer, director, partner, copartner, or employee of the other
person. As described more fully in the application, each of the
Unregistered Funds, Promere General Partner, Ardance General Partner
and any Adviser might be deemed to be an affiliated person or a second-
tier affiliated person of each Registered Fund within the meaning of
Section 2(a)(3) of the Act, and the Registered Funds might be deemed to
be affiliated persons within the meaning of Section 2(a)(3) of the Act.
In some circumstances, these affiliations might prohibit each
Registered Fund from participating in Co-investment Transactions
pursuant to Section 17(d) and Rule 17d-1.
    3. Applicants state that the ability to participate in Co-
investment Transactions will benefit the Registered Funds and their
shareholders by increasing the favorable investment opportunities
available to them. Applicants represent that the Registered Funds will
be able to (i) have a larger pool of capital available for investment,
thereby obtaining access to a greater number and variety of potential
investments than any Registered Fund could obtain on its own, and (ii)
increase their bargaining power to negotiate more favorable terms.
    4. Applicants believe that the terms and conditions contained in
the application ensure that the Co-investment Transactions are
consistent with the protection of each Registered Fund's investors and
with the purposes intended by the policy and provisions of the Act.
Specifically, all participants will invest at the same time for the
same price and with the same terms, conditions, class, registration
rights, and any other rights, so that no participant receives terms
more favorable than any other participant. In addition, the decision to
participate in a Co-investment Transaction must be approved by a
Required Majority (as defined below) of the Board of each participating
Registered Fund to ensure that the terms of the Co-investment
Transaction are fair and reasonable, do not involve overreaching, and
are consistent with the investment objectives and policies of the
Registered Fund. Co-investment Transactions will be reviewed by a duly
appointed committee of the Board (the ``Joint Transaction Committee'')
that shall consist solely of members of the Board who are not
``interested persons'' within the meaning of section 2(a)(19) of the
Act (the ``Independent Trustees'') and shall have as its members at
least a majority of all of the Independent Trustees.

Applicants' Conditions

    Applicants agree that any order granting the requested relief shall
be subject to the following conditions:
    1. Each time that an Unregistered Fund or a Registered Fund
proposes to acquire private placement securities, the acquisition of
which would be consistent with the investment objectives and policies
of one or more Registered Funds, the Adviser will offer to each such
Registered Fund the opportunity to acquire a pro rata amount (based
upon amounts available for investment by each such Registered Fund and
each participating Unregistered Fund) of the private placement
securities, up to the entire amount being offered to it. If one
Registered Fund declines the offer or accepts a portion of the private
placement securities offered to it, but one or more other Registered
Funds accepts the private placement securities offered, that portion of
the private placement securities declined by the Registered Fund may be
allocated to the other Registered Funds and Unregistered Funds based on
their amounts available for investment. However, if the pro rata
allocation to any Registered Fund exceeds its Investment Limit, then
the portion of the allocation that exceeds the Investment Limit may be
allocated pro rata to each other Registered Fund (up to its Investment
Limit) and each participating Unregistered Fund. In each case in which
an amount of private placement securities remains available after
allocating the private placement securities to the Registered Funds as
described above, the remainder may be allocated to the participating
Unregistered Funds. For purposes of these conditions, the phrase
``amounts available for investment'' is the Total Available Capital of
the Registered Fund or Unregistered Fund.
    2. (a) With respect to each Co-investment Transaction, for each
Registered Fund, the Adviser will make a separate determination whether
the acquisition of the private placement security is appropriate and
consistent with the investment objectives and policies of the
Registered Fund and, if so, the appropriate amount that the Registered
Fund should invest.
    (b) After making the determination required in (a) above, the
Adviser will submit written information concerning the Co-investment
Transaction, including the amount proposed to be acquired by the
Registered Fund, any other Registered Funds, and each Unregistered Fund
to the Joint Transactions Committee. A Registered Fund's Joint
Transactions Committee shall consist solely of Independent Trustees and
shall have as its members at least a majority of all of the Independent
Trustees of such Registered Fund. The Adviser will provide information
concerning the Total

Available Capital of the Registered Funds and the Unregistered Funds in
order to assist the Joint Transactions Committee with its review of the
Registered Fund's investments for compliance with the allocation
features set forth in condition 1 above.
    (c) A Registered Fund may participate in a Co-investment
Transaction only if the Required Majority (as defined below) determines
that:
    i. The terms of the Co-investment Transaction, including the
consideration to be paid, are reasonable and fair to the Registered
Fund and its shareholders and do not involve overreaching of the
Registered Fund or its shareholders on the part of any person
concerned;
    ii. The proposed Co-investment Transaction is consistent with the
Registered Fund's investment objectives and policies as recited in its
Form N-2 registration statement and its reports to shareholders; and
    iii. The participation by another Registered Fund or the
Unregistered Fund(s) in the proposed Co-investment Transaction would
not disadvantage the Registered Fund, and participation by the
Registered Fund would not be on a basis different from or less
advantageous than that of any other Registered Fund or Unregistered
Fund; provided, that if any Unregistered Fund, but not the Registered
Funds, 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 Required Majority has the right to ratify the selection of
such director or board observer, if any; and
    (B) The Adviser:
    (1) Provides to the Joint Transactions Committee material
information received by any such person who then serves as a director
or participates as a board observer or exercises any similar right to
participate in the governance of a portfolio company; and
    (2) Agrees to provide periodic reports to the Joint Transactions
Committee with respect to the material actions of such director or the
material 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
    iv. The proposed investment by the Registered Fund will not benefit
the Adviser, any other Registered Fund, any Unregistered Fund, or any
affiliated person thereof, except to the extent permitted under section
17(e) of the Act.
    (d) A Required Majority is the number of a Registered Fund's Joint
Transactions Committee members equal to at least a majority of all of
the Independent Trustees of such Registered Fund. Each member of a
Required Majority shall have no direct or indirect financial interest
in the proposed Co-investment Transaction.
    3. A Registered Fund has the right to decline to participate in any
Co-investment Transaction or to invest less than the amount proposed.
If the Adviser determines that a Registered Fund should not participate
in a Co-investment Transaction offered to it pursuant to condition 1
above, the Adviser will submit its determination to the Joint
Transactions Committee for approval by a Required Majority.
    4. Each Registered Fund shall participate in a Co-investment
Transaction only if the terms, conditions, price, class of securities
being purchased, settlement date, registration rights, if any, and
other rights are the same for each Registered Fund and any Unregistered
Fund participating in the Co-investment Transaction. When more than one
Registered Fund proposes to invest in a Co-investment Transaction, the
Joint Transactions Committee of each Registered Fund shall review the
Co-investment Transaction and a Required Majority will make the
determinations in condition 2 above, on or about the same time. The
grant to any Unregistered Fund, but not the Registered Fund(s), of 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 shall not cause a failure of this condition, if conditions
2(c)(iii)(A) and (B) are satisfied.
    5. Except as described below, no Registered Fund may make a Follow-
On Investment or exercise warrants, conversion privileges, or other
rights unless such Registered Fund and each other Registered Fund and
Unregistered Fund that participated in the original Co-investment
Transaction make such Follow-On Investment or exercise such warrants,
conversion rights, or other rights at the same time and in amounts
proportionate to their respective holdings of the private placement
securities acquired in such Co-investment Transaction. If a Registered
Fund participates in a Follow-On Investment or exercises warrants,
conversion privileges, or other rights and the amounts to be invested
or the warrants, conversion privileges or other rights to be exercised
by each Registered Fund and Unregistered Fund are disproportionate to
their respective holdings, the Adviser will formulate a recommendation
as to the proposed Follow-On Investment or exercise of warrants,
conversion privileges or other rights by each Registered Fund and
Unregistered Fund and submit the recommendation to each Registered
Fund's Joint Transactions Committee, including an explanation of such
disproportionate investments or exercise of rights. Prior to any such
disproportionate Follow-On Investment or exercise of rights, a
Registered Fund must obtain approval by a Required Majority for the
transaction as set forth in condition 2 above. Transactions pursuant to
this condition 5 will be subject to the other conditions set forth in
the application.
    6. Except for transactions covered by condition 5 above, no
Unregistered Fund or Registered Fund will sell, exchange, or otherwise
dispose of any interest in any private placement securities acquired
pursuant to the order, unless each Registered Fund has the opportunity
to dispose of its interest at the same time, for the same unit
consideration, on the same terms and conditions, as such Unregistered
Fund or other Registered Fund and in a proportionate amount (based upon
their relative holdings of the private placement securities). With
respect to any such transaction, the Adviser will formulate a
recommendation as to the proposed participation by a Registered Fund
and submit the recommendation to such Registered Fund's Joint
Transactions Committee. The Registered Fund will dispose of such
private placement securities to the extent the Joint Transactions
Committee, upon the affirmative vote of a Required Majority, determines
that the disposition is in the best interest of the Registered Fund, is
fair and reasonable, and does not involve overreaching of the
Registered Fund or its shareholders by any person concerned.
    7. The expenses, if any, associated with acquiring, holding, or
disposing of any private placement securities (including, without
limitation, the expenses of the distribution of any private placement
securities registered for sale under the Securities Act of 1933), to
the extent not payable solely by the Adviser, Promere Manager and
Ardance Manager, as applicable, under their respective investment
management agreements with the Registered Fund or Unregistered Fund,
shall be shared by the Registered Funds and the

Unregistered Funds in proportion to the relative amounts of such
private placement securities held or being acquired or disposed of, as
the case may be, by the Registered Funds and the Unregistered Funds.
    8. Each quarter the Adviser will provide to each Registered Fund's
Joint Transactions Committee information concerning all investments in
private placement securities made by all Registered and Unregistered
Funds, including all investments in which the Registered Fund declined
to participate, so that a Required Majority may determine whether all
investments made during the preceding quarter, including those in which
the Registered Fund declined to participate, comply with the conditions
of the order. In addition, all of the Independent Trustees of each
Registered Fund will consider at least annually the continued
appropriateness of Co-investment Transactions by the Registered Fund
with the Unregistered Funds and other Registered Funds, including
whether engaging in Co-investment Transactions pursuant to the order
continues to be in the best interests of the Registered Fund and its
shareholders and does not involve overreaching on the part of any
person concerned.
    9. No investment will be made by a Registered Fund in a Co-
investment Transaction in reliance on the order if the Adviser knows or
reasonably should know that an Unregistered Fund or another Registered
Fund or any affiliated person of such Unregistered Fund or another
Registered Fund then currently holds a security issued by that issuer,
except for a Follow-On Investment made pursuant to condition 5 of this
order.
    10. Any transaction fee (including break-up or commitment fees but
excluding brokerage fees contemplated by section 17(e)(2) of the Act)
received in connection with a transaction entered into in reliance on
the order will be distributed to the participants on a pro rata basis
based on the amounts they invested or committed, as the case may be, in
such transaction. If any transaction fee is to be held by the Adviser,
Promere General Partner, Promere Manager, Ardance General Partner or
Ardance Manager pending consummation of the transaction, the fee will
be deposited into an account maintained by the Adviser, Promere General
Partner, Promere Manager, Ardance General Partner or Ardance Manager at
a bank or banks having the qualifications prescribed in section 26(a)
of the Act, and the account will earn a competitive rate of interest
that also will be divided pro rata among the participants based on the
amounts they invested or committed, as the case may be, in such
transaction. None of the Adviser, Promere General Partner, Promere
Manager, Ardance General Partner, or Ardance Manager will receive
additional compensation or remuneration of any kind as a result of or
in connection with a co-investment or compensation for its services in
sponsoring, structuring, or providing managerial assistance to an
issuer of private placement securities that is not shared pro rata with
the coinvesting Registered Funds and Unregistered Funds.
    11. Each applicant will maintain and preserve all records required
to be preserved under the Act and the rules and regulations under the
Act applicable to such applicant. The Registered Funds will maintain
the records required by section 57(f)(3) of the Act as if each of the
Registered Funds were a business development company and the Co-
investment Transactions were approved under section 57(f).

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-23491 Filed 10-3-08; 8:45 am]

BILLING CODE 8011-01-P


Kevin Culligan/ DC/ USEPA/ US 05/ 12/ 2005 04: 55 PM To Arthur_ G._ Fraas@ omb. eop. gov, Amy_ E._ Flynn@ omb. eop. gov cc Jeff Holmstead/ DC/ USEPA/ US@ EPA, Bill Wehrum/ DC/ USEPA/ US@ EPA, Lydia Wegman/ RTP/ USEPA/ US@ EPA, Joe Paisie/ RTP/ USEPA/ US@ EPA, Brian Timin/ RTP/ USEPA/ US@ EPA, Kathy Kaufman/ RTP/ USEPA/ US@ EPA, Todd Hawes/ RTP/ USEPA/ US@ EPA, John Robbins/ DC/ USEPA/ US@ EPA Subject IPM results for better than BART analysis Art and Amy The following is a summary of the differences between the new and the old CAIR is better than BART analysis. For more detail, see the attached spreadsheet