[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Rules and Regulations]
[Pages 50018-50022]
[FR Doc No: 2018-21453]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R6-OAR-2018-0386; FRL-9983-93-Region 6]

Air Plan Approval; Texas; Control of Air Pollution from Motor
Vehicles with Mobile Source Incentive Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions to the
Texas State Implementation Plan (SIP) submitted by the State of Texas
that pertain to regulations to control air pollution from motor
vehicles with mobile source incentive programs.

DATES: This rule is effective on January 2, 2019 without further
notice, unless the EPA receives relevant adverse comment by November 5,
2018. If the EPA receives such comment, the EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R6-OAR-
2018-0386, at http://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed

from Regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact Mr. Randy
Pitre,<PHONE_NUMBER>, [email protected]. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Randy Pitre,<PHONE_NUMBER>,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Mr. Randy Pitre or Mr. Bill Deese at (214)
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to the
EPA a SIP to ensure that state air quality meets National Ambient Air
Quality Standards. These ambient standards currently address six
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide. Each federally-approved SIP
protects air quality primarily by addressing air pollution at its point
of origin through air pollution regulations and control strategies. The
EPA approved SIP regulations and control strategies are federally
enforceable.

B. Texas' Submittal

    Texas submitted a revision to its SIP to update and improve the
mobile source incentive program regulations for diesel vehicles, clean
fleets and drayage trucks.\1\ Specifically, on May 25, 2018, the State
of Texas through the Texas Commission on Environmental Quality (TCEQ)
submitted revisions to its Mobile Source Incentive Programs that are
found in Title 30 of the Texas Administrative Code (30 TAC), Chapter
114 (Control of Air Pollution from Motor Vehicles), Subchapter K
(Mobile Source Incentive Programs). The May 25, 2018, submittal revised
regulations for the (1) Diesel Emissions Reduction Incentive Program
for On-Road and Non-Road Vehicles (Division 3), (2) Texas Clean Fleet
Program (Division 5), and (3) Drayage Truck Incentive Program (Division
8, renamed as ``Seaport and Rail Yard Areas Emissions Reduction
Program'').
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    \1\ The revisions to the Texas SIP submitted to EPA as part of
this action were in response to the adoption of Senate Bill 1731
enacted by the 85th Texas Legislature, 2017, Regular Session, which
amended the statutory provisions pertaining to programs that are
part of the Texas Emissions Reduction Plan (TERP). The mobile
incentive programs implemented by the SIP revision are part of the
TERP. For more information on TERP, please see: www.tceq.texas.gov/airquality/terp.
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C. What Criteria must be met for the EPA to Approve this SIP revision?

    In general, economic and mobile source incentive programs are
programs that provide economic incentives for reducing air pollution
emissions from on-road heavy-duty motor vehicles and non-road equipment
emission sources. Because the SIP submittal revision pertains to
economic incentive programs to reduce air pollution emissions from
mobile sources, we evaluated them using (1) CAA section 182(g)
(Economic Incentive Program) (2) our policy guidance on economic
incentive programs found in 40 CFR part 51, subpart U (Economic
Incentive Programs) and (3) our guidance document ``Improving Air
Quality with Economic Incentive Programs'' (EPA-452/R-01-001, January
2001, www.epa.gov/sites/production/files/2015-07/documents/eipfin.pdf).
An economic incentive program achieves an air quality objective by
providing market-based incentives or information to emission sources.
Three fundamental principles apply to all approvable economic incentive
programs: Integrity, equity, and environmental benefit.
    Pursuant to 40 CFR part 51.493 (State Program Requirements),
Economic Incentive Programs (EIPs) shall be (1) State and federally
enforceable, (2) nondiscriminatory, and (3) consistent with the timely
attainment of national ambient air quality standards, all applicable
reasonable further progress and visibility requirements, applicable
prevention of significant deterioration increments, and all other
requirements of the CAA. Programs in nonattainment areas for which
credit is taken in attainment and RFP demonstrations shall be designed
to ensure that the effects of the program are quantifiable and
permanent over the entire duration of the program, and that the credit
taken is limited to that which is surplus. Statutory programs shall be
designed to result in quantifiable, significant reductions in actual
emissions.\2\ As discussed below, we find the State's SIP revision
submittal is consistent with above-referenced elements and our review
and evaluation of the revisions are discussed in detail in our
Technical Support Document (TSD).
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    \2\ As explained in more detail in the technical support
document (and below), we have previously approved the Texas mobile
source economic incentive program regulations, as we found that the
regulations met the CAA and 40 CFR 51 Subpart U (Economic Incentive
Programs) requirements. We have provided references to those prior
approvals upon which these revisions are based.
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II. The EPA's Evaluation

    We have prepared a TSD for this rulemaking which details our
evaluation of the SIP revisions. Our TSD may be accessed online at
http://www.regulations.gov, Docket No. EPA-R06-OAR-2018-0386. As
detailed more below, and in our TSD, we believe the SIP revisions to
the Texas mobile source incentive programs meet the federal EIP
requirements and are approvable. The Texas Mobile Source Economic
Incentive Programs are consistent with the CAA as they will reduce air
pollution and emissions of nitrogen oxides (NOX), which is a
precursor to ozone and particulate matter. The emission reductions from
replacing vehicles or replacing, repowering or retrofitting engines can
be quantified, and provide an environmental benefit by reducing air
pollution emissions by encouraging the use of newer diesel technologies
in the Texas nonattainment areas. If Texas includes emission reductions
from these programs in future attainment or reasonable further progress
SIPs, EPA will evaluate the amount of reductions it achieves at that
time. We are approving the Texas SIP submittal as part of the Texas
SIP.
    As stated earlier, we have previously approved the Texas mobile
source incentive program regulations as meeting CAA and 40 CFR 51.493
regulatory requirements (See 82 FR 26756, June 9, 2017; 79 FR 5287,
January 31, 2014; 75 FR 18061, April 9, 2010; 70 FR 18308, April 11,
2005). The

May 25, 2018 SIP revision continues to meet these federal requirements.
    A summary of our evaluation is discussed below:

A. Diesel Emission Reduction Incentive Program for On-Road and Non-Road
Vehicles

    The Diesel Emission Reduction Incentive Program for On-Road and
Non-Road Vehicles provides funding for businesses to reduce emissions
from diesel engines. The program includes a component that applies to
small businesses. The revisions to this program revise 30 TAC Sections
114.620, 114.622 and 114.623. The revisions amended the 30 TAC
114.622(h) Incentive Program Requirements from the Executive Director
``shall'' to ``may'' waive certain program eligibility criteria ``on a
finding of good cause.'' \3\ The revisions amended the definition of a
``Small Business'' to a business that (1) owns or operates not more
than five vehicles (previously 2), (2) owns or operates an on-road
diesel vehicle (previously one with a pre-1994 engine model) or a non-
road diesel (previously one with uncontrolled emissions) and (3) has
owned the on-road or non-road diesel subject to the funding for more
than two years (previously one year). This revision would expand the
small business component of the program and make it more efficient by
focusing on older diesel engines. An itemized list of the revisions,
with our evaluation of each, is provided in the TSD.
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    \3\ The original 30 TAC 114.622(h) provision was approved in a
previous regulatory action (79 FR 67068) on November 12, 2014. We
find the change from ``shall'' to ``may'' continues to be
approvable. In determining good cause and deciding whether to grant
a waiver, the executive director shall ensure that the emissions
reductions that will be attributed to the project will still be
valid and, where applicable, meet the conditions for assignment for
credit to the state implementation plan. See our TSD for a detailed
history and rationale for approval of this provision.
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B. Texas Clean Fleet Program

    The Texas Clean Fleet Program provides funding to businesses with a
fleet of 75 or more vehicles to replace diesel vehicles with a lower
emitting hybrid or alternative fuel vehicle. The revisions to this
program revise 30 TAC Sections 114.650-114.653. The number of vehicles
qualifying for replacement was revised to 10 or more (previously 20 or
more). This revision would allow for more replacements to be eligible
for the program. The revisions include a change in definition from
``clean transportation triangle'' to ``clean transportation zone'' that
would include additional counties that were not a part of the previous
``clean transportation triangle.'' The revisions include a change to 30
TAC 114.653(e) from the executive director ``shall'' to ``may'' waive
certain specified eligibility criteria upon ``a finding of good
cause.'' \4\ An itemized list of the revisions, with our evaluation of
each, is provided in the TSD.
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    \4\ EPA previously approved the original 30 TAC 114.653(e)
provision at 79 FR 5287 on January 31, 2014. This provision change
from ``shall'' to ``may'' continues to be approvable. Similar to
114.622(h), we interpret that the executive director shall ensure
that the projected emissions reductions will be valid and, where
applicable, meet the conditions for assignment for credit to the
state implementation plan. See our TSD for a detailed history and
rationale for approval of this provision.
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C. Seaport and Rail Yard Areas Emissions Reduction Program

    The Seaport and Rail Yard Areas Emissions Reduction Program
(formerly the Drayage Truck Incentive Program) provides funding to
encourage owners to reduce emissions from drayage trucks at seaports
and rail yards. Drayage refers to the transport of goods over a short
distance. The revisions to this program revise 30 TAC Sections 114.680-
114.682. In addition to changing the name of the program, the revisions
changed the requirements for replacing or repowering drayage trucks. As
revised, the replacement engine must: (1) Be powered by an electric
motor or contain an engine certified to current federal emissions
standards and (2) emit at least 25% less NOX. In addition,
unless otherwise determined by the commission, the NOX
emissions rate of engines replaced or purchased under this program will
be based on the emissions standard or family emissions limit to which
the engine is certified or, for replacement of an uncontrolled engine,
a baseline emissions rate established by the commission.\5\ The
previous requirements were that: (1) The replacement drayage truck have
an engine of model year 2010 or later and (2) the drayage truck being
replaced must have an engine of model year 2006 or earlier. This
revision would set a minimum in the amount of NOX reduced
(at least 25% less). An itemized list of the revisions, with our
evaluation of each, is provided in the TSD.
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    \5\ Similar to 30 TAC 114.622(h) and 30 TAC 114. 653(e), we
interpret this provision so that the executive director shall ensure
that the projected emissions reductions will be valid and, where
applicable, meet the conditions for assignment for credit to the
state implementation plan. See our TSD for a detailed history and
rationale for approval of this provision.
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D. CAA 110(l) Demonstration

    Section 110 (l) of the CAA requires that each revision to an
implementation plan submitted by a State under the CAA shall be adopted
by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision of a SIP if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in Section 7501 of the CAA)
or any other applicable requirements of the CAA. As the regulation
revisions discussed above pertain to voluntary incentive programs for
reducing emissions, they will not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the CAA. EPA approval of the
revisions is consistent with CAA 110(l).

III. Final Action

    We are approving revisions to the Texas SIP that pertain to
regulations to control air pollution from motor vehicles with mobile
source incentive programs. Specifically, we are approving revisions to
30 TAC Sections 114.620, 114.622, 114.623, 114.650-114.653, and
114.680-114.682.
    The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on January 2, 2019
without further notice unless we receive relevant adverse comment by
November 5, 2018. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revisions to the Texas regulations as

described in the Final Action section above. The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 6 Office (please contact
Randy Pitre,<PHONE_NUMBER>, [email protected] for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP compilation.

V. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. The EPA will submit a report containing this rule 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 3, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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.
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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: September 26, 2018.
Anne Idsal,
Regional Administrator, Region 6.
    40 CFR part 52 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 SS--Texas

0
2. In Sec.  52.2270, in paragraph (c), the table titled ``EPA Approved
Regulations in the Texas SIP'' is amended by revising the entries for
sections 114.620, 114.622, 114.623, 114.650-114.653 and 114.680-
114.682; and for Division 8 of Subchapter K in Chapter 114 to read as
follows.

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
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                                                        State approval/
         State citation              Title/subject       Submittal date    EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 114.620.................  Definitions........           4/4/2018  10/4/2018; [Insert  ..................
                                                                           Federal Register
                                                                           citation].

                                                  * * * * * * *
Section 114.622.................  Incentive Program             4/4/2018  10/4/2018; [Insert  ..................
                                   Requirements.                           Federal Register
                                                                           citation].

Section 114.623.................  Small Business                4/4/2018  10/4/2018; [Insert  ..................
                                   Incentives.                             Federal Register
                                                                           citation].

                                                  * * * * * * *
Section 114.650.................  Definitions........           4/4/2018  10/4/2018; [Insert  ..................
                                                                           Federal Register
                                                                           citation].
Section 114.651.................  Applicability......           4/4/2018  10/4/2018; [Insert  ..................
                                                                           Federal Register
                                                                           citation].
Section 114.652.................  Qualifying Vehicles           4/4/2018  10/4/2018; [Insert  ..................
                                                                           Federal Register
                                                                           citation].
Section 114.653.................  Grant Eligibility..           4/4/2018  10/4/2018; [Insert  ..................
                                                                           Federal Register
                                                                           citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                       Division 8: Seaport and Rail Yard Areas Emissions Reduction Program
----------------------------------------------------------------------------------------------------------------
Section 114.680.................  Definitions........           4/4/2018  10/4/2018; [Insert  ..................
                                                                           Federal Register
                                                                           citation].
Section 114.681.................  Applicability......           4/4/2018  10/4/2018; [Insert  ..................
                                                                           Federal Register
                                                                           citation].
Section 114.682.................  Eligible Vehicle              4/4/2018  10/4/2018; [Insert  ..................
                                   Models.                                 Federal Register
                                                                           citation].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2018-21453 Filed 10-3-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Proposed Rules]
[Pages 20881-20882]
[FR Doc No: 2013-08121]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2011-0135; FRL-9799-6]
RIN 2060-AQ86

Control of Air Pollution From Motor Vehicles: Tier 3 Motor
Vehicle Emission and Fuel Standards; Public Hearing and Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Announcement of public hearings and comment period.

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SUMMARY: The EPA is announcing two public hearings to be held for the
proposed rule ``Control of Air Pollution from Motor Vehicles: Tier 3
Motor Vehicle Emission and Fuel Standards'' (the proposed rule is
hereinafter referred to as ``Tier 3''), which will be published
separately in the Federal Register. The hearings will be held in
Philadelphia, PA on April 24, 2013 and in Chicago, IL on April 29,
2013. The comment period for the proposed rulemaking will end on June
13, 2013.

DATES: The public hearings will be held on April 24, 2013 in
Philadelphia, PA and on April 29, 2013 in Chicago, IL. To register to
testify at either hearing, notify the contact person listed under FOR
FURTHER INFORMATION CONTACT at least one week before the date of the
hearing. Information regarding time of the hearing is also listed below
in SUPPLEMENTARY INFORMATION. The comment period will end on June 13,
2013.

ADDRESSES: The hearings will be held at the following locations: The
April 24, 2013 hearing will be held at the Sonesta Hotel Philadelphia,
1800 Market Street, Philadelphia, PA 19103; the April 29, 2013 hearing
will be held at the Doubletree Magnificent Mile, 300 E. Ohio Street,
Chicago, IL 60611. In addition, a conference call-in line will be
provided to allow for the opportunity for the public to listen to each
hearing; information regarding the conference number and passcode will
be posted at www.epa.gov/otaq/tier3.htm. Please note that this
conference line will allow the public to listen only; persons listening
will not be able to give an oral presentation via the conference line.
Written comments on the proposed rule

may also be submitted to EPA electronically, by mail, by facsimile, or
through hand delivery/courier. Please refer to the notice of proposed
rulemaking for the addresses and detailed instructions for submitting
written comments.
    When the proposed rule is published in the Federal Register, a
complete set of documents related to the proposal will be available for
public inspection at the EPA Docket Center, located at 1301
Constitution Avenue NW., Room 3334, Washington, DC between 8:30 a.m.
and 4:30 p.m., Monday through Friday, excluding legal holidays. A
reasonable fee may be charged for copying. Documents are also available
through the electronic docket system at http://www.regulations.gov. The
EPA Web site for the rulemaking, which includes a copy of the pre-
publication version of the proposal, can be found at: www.epa.gov/otaq/tier3.htm.

FOR FURTHER INFORMATION CONTACT: If you would like to present oral
testimony at one of the public hearings, please contact JoNell Iffland,
Office of Transportation and Air Quality, Assessment and Standards
Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; telephone number:<PHONE_NUMBER>; Fax number: (734)
214-4816; Email address<EMAIL_ADDRESS>Please provide the
following information: Name, affiliation, address, email address,
telephone and fax numbers, time you wish to speak (morning, afternoon,
or no preference; we will try to accommodate these requests in as much
as possible), and whether you require accommodations such as a sign
language interpreter or translator.

SUPPLEMENTARY INFORMATION: The proposal for which EPA is holding the
public hearings will be published separately in the Federal Register. A
pre-publication copy of the signed notice of proposed rulemaking has
been available since March 29, 2013, on the following Web site:
www.epa.gov/otaq/tier3.htm. EPA is proposing Tier 3 regulations to
establish more stringent vehicle emissions standards and reduce the
sulfur content of gasoline beginning in 2017, as part of a systems
approach to addressing the impacts of motor vehicles and fuels on air
quality and public health. The proposed gasoline sulfur standard would
make emission control systems more effective for both existing and new
vehicles, and would enable more stringent vehicle emissions standards.
The proposed vehicle standards would reduce both tailpipe and
evaporative emissions from passenger cars, light-duty trucks, medium-
duty passenger vehicles, and some heavy-duty vehicles. This would
result in significant reductions in pollutants such as ozone,
particulate matter, and air toxics across the country and help state
and local agencies in their efforts to attain and maintain health-based
National Ambient Air Quality Standards. Motor vehicles are an important
source of exposure to air pollution both regionally and near roads. The
proposed Tier 3 vehicle standards are intended to harmonize with
California's Low Emission Vehicle program, thus creating a federal
vehicle emissions program that would allow automakers to sell the same
vehicles in all 50 states. The proposed vehicle standards would be
implemented over the same timeframe as the greenhouse gas/fuel
efficiency standards for light-duty vehicles, as part of a
comprehensive approach toward regulating emissions from motor vehicles.
    Public Hearing: The public hearings will provide interested parties
the opportunity to present data, views, or arguments concerning the
proposed rule. The EPA may ask clarifying questions during the oral
presentations, but will not respond to the presentations at that time.
Written statements and supporting information submitted during the
comment period will be considered along with any oral comments and
supporting information presented at the public hearing. Written
comments must be received by the last day of the comment period.
    The public hearings will be held on April 24, 2013 in Philadelphia,
PA and April 29, 2013 in Chicago, IL. Each hearing will begin at 10:00
a.m. local time and will continue until everyone has had a chance to
speak. To testify at either of the public hearings, please notify the
contact person listed under FOR FURTHER INFORMATION CONTACT at least
one week before the hearing you wish to speak at. Once EPA learns how
many people have registered to speak at each public hearing, we will
allocate an appropriate amount of time to each participant, allowing
time for lunch and necessary breaks throughout the day. In addition, we
will reserve a block of time for anyone else in the audience who wishes
to give an oral presentation. For planning purposes, each speaker
should anticipate speaking for no more than ten minutes, although we
may need to adjust the time for each speaker if there is a large
turnout. We request that you bring three copies of your statement or
other material for the EPA panel. It would also be helpful if you send
us a copy of your statement or other materials before the hearing. To
accommodate as many speakers as possible, we prefer that speakers not
use technological aids (e.g., audio-visuals, computer slideshows,
etc.). However, if you wish to do so, you must notify the contact
person in the FOR FURTHER INFORMATION CONTACT section. You also must
make arrangements to provide your presentation or any other aids to EPA
in advance of the hearing in order to facilitate set-up.
    We will make tentative schedules for the order of testimony at each
hearing based on the notifications we receive. These schedules will be
available on the morning of each hearing.
    The hearings will be held at sites accessible to individuals with
disabilities. Individuals who require accommodations such as sign
language interpreters should contact the person listed under FOR
FURTHER INFORMATION CONTACT section at least one week before the date
of the of the hearing for which such accommodations are needed.
    Written transcripts of the hearings and written statements
submitted at a hearing will be included in the rulemaking docket.
    Comment Period: The comment period will remain open until June 13,
2013.

How can I get copies of this document, the proposed rule, and other
related information?

    The EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR- 2011-0135. The EPA has also developed a Web site for
the proposed rule, including the notice of proposed rulemaking, at the
address given above. Please refer to the notice of proposed rulemaking
for detailed information on accessing information related to the
proposal.

    Dated: April 2, 2013.
Lori Stewart,
Acting Director, Office of Transportation and Air Quality.
[FR Doc. 2013-08121 Filed 4-5-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 10, 2006 (Volume 71, Number 28)]
[Notices]
[Page 7024]
[DOCID:fr10fe06-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-198-000]

Saltville Gas Storage Company LLC; Notice of Tariff Filing

February 3, 2006.
    Take notice that on February 1, 2006, Saltville Gas Storage Company
LLC (Saltville) tendered for filing as part of its FERC Gas Tariff,
Original Volume No. 1, the tariff sheets listed in Appendix A of the
filing, to be effective March 3, 2006.
    Saltville states that copies of its filing have been served on all
affected customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-1864 Filed 2-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51323-51327]
[FR Doc No: 2017-23920]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32888; File No. 812-14738]

Horizon Technology Finance Corporation, et al.

October 30, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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

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

APPLICANTS: Horizon Technology Finance Corporation (the ``Company''),
Horizon Credit II LLC (``Credit II''), Horizon Life Science Debt
Strategies Fund L.P. (the ``Private Fund''), and Horizon Technology
Finance Management LLC (the ``Company Adviser'').

FILING DATES: The application was filed on January 23, 2017, and
amended on June 28, 2017 and September 13, 2017.

HEARING OR NOTIFICATION OF HEARING: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on November 24, 2017 and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
St. NE., Washington, DC 20549-1090. Applicants: 312 Farmington Avenue,
Farmington, CT 06032.

FOR FURTHER INFORMATION CONTACT: Courtney S. Thornton, Senior Counsel,
at<PHONE_NUMBER>, or Robert H. Shapiro, Branch Chief, at (202) 551-
6821 (Chief Counsel's Office, Division of Investment Management).

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

Applicants' Representations

    1. The Company was organized as a corporation under the General
Corporation Law of the State of Delaware on March 16, 2010 for the
purpose of acquiring, continuing and expanding the business of Compass
Horizon Funding Company LLC, its Wholly Owned Subsidiary (as defined
below). The Company elected to be treated as a BDC \1\ through a
notification of election to be subject to Sections 55 through 65 of the
Act on Form N-54A. The Company's investment objectives and strategies
are to maximize the total return of the Company's investment portfolio
by generating current income from the debt investments the Company
makes and capital appreciation from the warrants the Company receives
when making such debt investments. The Company has a six-member board
of directors (the ``Board''), of which four members are not
``interested persons'' of the Company within the meaning of section
2(a)(19) of the Act (the ``Non-Interested Directors''). No Non-
Interested Director will have any direct or indirect financial interest
in any Co-Investment Transaction or any interest in any portfolio
company, other than indirectly through share ownership in a Regulated
Fund (as defined below).
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    \1\ Section 2(a)(48) of the Act defines a BDC to be any closed-
end investment company that operates for the purpose of making
investments in securities described in Section 55(a)(1) through
55(a)(3) of the Act and makes available significant managerial
assistance with respect to the issuers of such securities.
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    2. Credit II is a special purpose Delaware limited liability
company and a Wholly-Owned Investment Subsidiary of the Company.
    3. The Private Fund was formed as a Delaware limited partnership on
July 20, 2016 and would be an investment company but for the exclusion
from the definition of investment company provided by section 3(c)(7)
of the Act. The Private Fund is managed by the Company Adviser. The
Private Fund's investment objective is to maximize total returns for
its limited partners by generating current income from debt investments
and capital appreciation from equity participations associated with
those investments. The Private Fund's investment objective and
investment policies are substantially similar to the Objectives and
Strategies of the Company.\2\
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    \2\ ``Objectives and Strategies'' means a Regulated Fund's
(defined below) investment objectives and strategies, as described
in the Regulated Fund's registration statement on Form N-2, other
filings the Regulated Fund has made with the Commission under the
Securities Act of 1933 (the ``Securities Act''), or under the
Securities Exchange Act of 1934, and the Regulated Fund's reports to
shareholders.
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    4. The Company Adviser, a Delaware limited liability company and an
investment adviser registered with the Commission under the Investment
Advisers Act of 1940 (``Advisers Act''), serves as investment adviser
to both the Company and the Private Fund. Under the investment advisory
agreements of the Company and the Private Fund, the Company Adviser
manages the portfolio of each entity in accordance with the investment
objective and policies of each, makes investment decisions for each
entity, places purchase and sale orders for portfolio transactions for
each entity, and otherwise manages the day-to-day operations of each
entity, subject, in the case of the Company, to the oversight of its
Board.
    5. Applicants seek an order (``Order'') to permit one or more
Regulated Funds \3\ and/or one or more Affiliated Funds \4\ to
participate in the same investment opportunities through a proposed co-
investment program (the ``Co-Investment Program'') where such
participation would otherwise be prohibited under section 57(a)(4) and
rule 17d-1 by (a) co-investing with each other in securities issued by
issuers in private placement transactions in which an Adviser
negotiates terms in addition

to price; \5\ and (b) making additional investments in securities of
such issuers, including through the exercise of warrants, conversion
privileges, and other rights to purchase securities of the issuers
(``Follow-On Investments''). ``Co-Investment Transaction'' means any
transaction in which a Regulated Fund (or its Wholly-Owned Investment
Subsidiary) participated together with one or more other Regulated
Funds and/or one or more Affiliated Funds in reliance on the requested
Order. ``Potential Co-Investment Transaction'' means any investment
opportunity in which a Regulated Fund (or its Wholly-Owned Investment
Subsidiary) could not participate together with one or more Affiliated
Funds and/or one or more other Regulated Funds without obtaining and
relying on the Order.\6\
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    \3\ ``Regulated Fund'' means the Company and any Future
Regulated Fund. ``Future Regulated Fund'' means any closed-end
management investment company (a) that is registered under the Act
or has elected to be regulated as a BDC, (b) whose investment
adviser is an Adviser, and (c) that intends to participate in the
Co-Investment Program. The term ``Adviser'' means (a) the Company
Adviser and (b) any future investment adviser that controls, is
controlled by or is under common control with the Company Adviser or
its successor and is registered as an investment adviser under the
Advisers Act. The term ``successor,'' as applied to each Adviser,
means an entity that results from a reorganization into another
jurisdiction or chang in the type of business organization.
    \4\ ``Affiliated Fund'' means the Private Fund and any Future
Affiliated Fund. ``Future Affiliated Fund'' means any entity (a)
whose investment adviser is an Adviser, (b) that would be an
investment company but for section 3(c)(1) or 3(c)(7) of the Act,
and (c) that intends to participate in the Co-Investment Program.
    \5\ The term ``private placement transactions'' means
transactions in which the offer and sale of securities by the issuer
are exempt from registration under the Securities Act of 1933
(``1933 Act'').
    \6\ All existing entities that currently intend to rely upon the
requested Order have been named as applicants. Any other existing or
future entity that subsequently relies on the Order will comply with
the terms and conditions of the application.
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    6. Applicants state that a Regulated Fund may, from time to time,
form one or more Wholly-Owned Investment Subsidiaries.\7\ Such a
subsidiary would be prohibited from investing in a Co-Investment
Transaction with any Affiliated Fund or Regulated Fund because it would
be a company controlled by its parent Regulated Fund for purposes of
section 57(a)(4) and rule 17d-1. Applicants request that each Wholly-
Owned Investment Subsidiary be permitted to participate in Co-
Investment Transactions in lieu of its parent Regulated Fund and that
the Wholly-Owned Investment Subsidiary's participation in any such
transaction be treated, for purposes of the requested Order, as though
the parent Regulated Fund were participating directly. Applicants
represent that this treatment is justified because a Wholly-Owned
Investment Subsidiary would have no purpose other than serving as a
holding vehicle for the Regulated Fund's investments and, therefore, no
conflicts of interest could arise between the Regulated Fund and the
Wholly-Owned Investment Subsidiary. The Regulated Fund's Board would
make all relevant determinations under the conditions with regard to a
Wholly-Owned Investment Subsidiary's participation in a Co-Investment
Transaction, and the Regulated Fund's Board would be informed of, and
take into consideration, any proposed use of a Wholly-Owned Investment
Subsidiary in the Regulated Fund's place. If the Regulated Fund
proposes to participate in the same Co-Investment Transaction with any
of its Wholly-Owned Investment Subsidiaries, the Board will also be
informed of, and take into consideration, the relative participation of
the Regulated Fund and the Wholly-Owned Investment Subsidiary.
---------------------------------------------------------------------------

    \7\ The term ``Wholly-Owned Investment Subsidiary'' means an
entity (i) that is wholly-owned by a Regulated Fund (with the
Regulated Fund at all times holding, beneficially and of record,
100% of the voting and economic interests); (ii) whose sole business
purpose is to hold one or more investments and incur debt (which is
or would be consolidated with other indebtedness of such Regulated
Fund for financial reporting or compliance purposed under the Act)
on behalf of the Regulated Fund; (iii) with respect to which the
Regulated Fund's Board has the sole authority to make all
determinations with respect to the entity's participation under the
conditions of the application; and (iv) that would be an investment
company but for sections 3(c)(1) or 3(c)(7) of the Act.
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    7. When considering Potential Co-Investment Transactions for any
Regulated Fund, the applicable Adviser will consider only the
Objectives and Strategies, investment policies, investment positions,
capital available for investment (``Available Capital''), and other
pertinent factors applicable to that Regulated Fund. The Board of each
Regulated Fund, including the Non-Interested Directors has (or will
have prior to relying on the requested Order) determined that it is in
the best interests of the Regulated Fund to participate in the Co-
Investment Transaction.
    8. Other than pro rata dispositions and Follow-On Investments as
provided in conditions 7 and 8, and after making the determinations
required in conditions 1 and 2(a), the Adviser will present each
Potential Co-Investment Transaction and the proposed allocation to the
directors of the Board eligible to vote under section 57(o) of the Act
(``Eligible Directors''), and the ``required majority,'' as defined in
section 57(o) of the Act (``Required Majority'') \8\ will approve each
Co-Investment Transaction prior to any investment by the participating
Regulated Fund.
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    \8\ In the case of a Regulated Fund that is a registered closed-
end fund, the Board members that make up the Required Majority will
be determined as if the Regulated Fund were a BDC subject to section
57(o).
---------------------------------------------------------------------------

    9. With respect to the pro rata dispositions and Follow-On
Investments provided in conditions 7 and 8, a Regulated Fund may
participate in a pro rata disposition or Follow-On Investment without
obtaining prior approval of the Required Majority if, among other
things: (i) The proposed participation of each Regulated Fund and
Affiliated Fund in such disposition is proportionate to its outstanding
investments in the issuer immediately preceding the disposition or
Follow-On Investment, as the case may be; and (ii) the Board of the
Regulated Fund has approved that Regulated Fund's participation in pro
rata dispositions and Follow-On Investments as being in the best
interests of the Regulated Fund. If the Board does not so approve, any
such disposition or Follow-On Investment will be submitted to the
Regulated Fund's Eligible Directors. The Board of any Regulated Fund
may at any time rescind, suspend or qualify its approval of pro rata
dispositions and Follow-On Investments with the result that all
dispositions and/or Follow-On Investments must be submitted to the
Eligible Directors.
    10. Applicants also represent that if the Advisers, the principals
of the Advisers (``Principals''), or any person controlling, controlled
by, or under common control with an Adviser or the Principals, and the
Affiliated Funds (collectively, the ``Holders'') own in the aggregate
more than 25% of the outstanding voting shares of a Regulated Fund (the
``Shares''), then the Holders will vote such Shares as required under
condition 14. Applicants believe this condition will ensure that the
Non-Interested Directors will act independently in evaluating the Co-
Investment Program, because the ability of the Advisers or the
Principals to influence the Non-Interested Directors by a suggestion,
explicit or implied, that the Non-Interested Directors can be removed
will be limited significantly. Applicants represent that the Non-
Interested Directors will evaluate and approve any such independent
third party, taking into account its qualifications, reputation for
independence, cost to the shareholders, and other factors that they
deem relevant.

Applicants' Legal Analysis

    1. Section 57(a)(4) of the Act prohibits certain affiliated persons
of a BDC from participating in joint transactions with the BDC or a
company controlled by a BDC in contravention of rules as prescribed by
the Commission. Under section 57(b)(2) of the Act, any person who is
directly or indirectly controlling, controlled by, or under common
control with a BDC is subject to section 57(a)(4). Applicants submit
that each of the Regulated Funds and Affiliated Funds could be deemed
to be a person related to each Regulated Fund in a manner described by
section 57(b) by virtue of being under common control. Section 57(i) of
the Act provides that, until the Commission prescribes rules under
section 57(a)(4), the Commission's rules under section 17(d) of the Act
applicable to registered closed-end

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

Applicants' Condition

    Applicants agree that the Order will be subject to the following
conditions:
    1. Each time an Adviser considers a Potential Co-Investment
Transaction for an Affiliated Fund or another Regulated Fund that falls
within a Regulated Fund's then-current Objectives and Strategies, the
Regulated Fund's Adviser will make an independent determination of the
appropriateness of the investment for the Regulated Fund in light of
the Regulated Fund's then-current circumstances.
    2. (a) If the Adviser deems a Regulated Fund's participation in any
Potential Co-Investment Transaction to be appropriate for the Regulated
Fund, it will then determine an appropriate level of investment for the
Regulated Fund.
    (b) If the aggregate amount recommended by the applicable Adviser
to be invested by the applicable Regulated Fund in the Potential Co-
Investment Transaction, together with the amount proposed to be
invested by the other participating Regulated Funds and Affiliated
Funds, collectively, in the same transaction, exceeds the amount of the
investment opportunity, the investment opportunity will be allocated
among them pro rata based on each participant's Available Capital, up
to the amount proposed to be invested by each. The applicable Adviser
will provide the Eligible Directors of each participating Regulated
Fund with information concerning each participating party's Available
Capital to assist the Eligible Directors with their review of the
Regulated Fund's investments for compliance with these allocation
procedures.
    (c) After making the determinations required in conditions 1 and
2(a), the applicable Adviser will distribute written information
concerning the Potential Co-Investment Transaction (including the
amount proposed to be invested by each participating Regulated Fund and
Affiliated Fund) to the Eligible Directors of each participating
Regulated Fund for their consideration. A Regulated Fund will co-invest
with one or more other Regulated Funds and/or one or more Affiliated
Funds only if, prior to the Regulated Fund's participation in the
Potential Co-Investment Transaction, a Required Majority concludes
that:
    (i) The terms of the Potential Co-Investment Transaction, including
the consideration to be paid, are reasonable and fair to the Regulated
Fund and its stockholders and do not involve overreaching in respect of
the Regulated Fund or its stockholders on the part of any person
concerned;
    (ii) the Potential Co-Investment Transaction is consistent with:
    (A) The interests of the Regulated Fund's stockholders; and
    (B) the Regulated Fund's then-current Objectives and Strategies;
    (iii) the investment by any other Regulated Funds or Affiliated
Funds would not disadvantage the Regulated Fund, and participation by
the Regulated Fund would not be on a basis different from or less
advantageous than that of any other Regulated Funds or Affiliated
Funds; provided that if any other Regulated Funds or Affiliated Funds,
but not the Regulated Fund itself, gains the right to nominate a
director for election to a portfolio company's board of directors or
the right to have a board observer or any similar right to participate
in the governance or management of the portfolio company, such event
shall not be interpreted to prohibit the Required Majority from
reaching the conclusions required by this condition (2)(c)(iii), if:
    (A) The Eligible Directors will have the right to ratify the
selection of such director or board observer, if any;
    (B) the applicable Adviser agrees to, and does, provide periodic
reports to the Regulated Fund's Board with respect to the actions of
such director or the information received by such board observer or
obtained through the exercise of any similar right to participate in
the governance or management of the portfolio company; and
    (C) any fees or other compensation that any Affiliated Fund or any
Regulated Fund or any affiliated person of any Affiliated Fund or any
Regulated Fund receives in connection with the right of the Affiliated
Fund or Regulated Fund to nominate a director or appoint a board
observer or otherwise to participate in the governance or management of
the portfolio company will be shared proportionately among the
participating Affiliated Funds (who each may, in turn, share its
portion with its affiliated persons) and the participating Regulated
Fund in accordance with the amount of each party's investment; and
    (iv) the proposed investment by the Regulated Fund will not benefit
the Advisers, any Affiliated Funds or other Regulated Funds or any
affiliated person of any of them (other than the parties to the Co-
Investment Transaction), except (A) to the extent permitted by
condition 13, (B) to the extent permitted by section 17(e) or 57(k) of
the Act, as applicable, (C) indirectly, as a result of an interest in
the securities issued by one of the parties to the Co-Investment
Transaction, or (D) in the case of fees or other compensation described
in condition 2(c)(iii)(C).
    3. Each Regulated Fund has the right to decline to participate in
any Potential Co-Investment Transaction or to invest less than the
amount proposed.
    4. The applicable Adviser will present to the Board of each
Regulated Fund, on a quarterly basis, a record of all investments in
Potential Co-Investment Transactions made by any of the other Regulated
Funds or Affiliated Funds during the preceding quarter that fell within
the Regulated Fund's then-current Objectives and Strategies that were
not made available to the Regulated Fund, and an explanation of why the
investment opportunities were not offered to the Regulated Fund. All
information presented to the Board pursuant to this condition will be
kept

for the life of the Regulated Fund and at least two years thereafter,
and will be subject to examination by the Commission and its staff.
    5. Except for Follow-On Investments made in accordance with
condition 8 \9\, a Regulated Fund will not invest in reliance on the
Order in any issuer in which another Regulated Fund, an Affiliated Fund
or any affiliated person of another Regulated Fund or Affiliated Fund
is an existing investor.
---------------------------------------------------------------------------

    \9\ This exception applies only to Follow-On Investments by a
Regulated Fund in issuers in which the Regulated Fund already holds
investments.
---------------------------------------------------------------------------

    6. A Regulated Fund will not participate in any Potential Co-
Investment Transaction unless the terms, conditions, price, class of
securities to be purchased, settlement date, and registration rights
will be the same for each participating Regulated Fund and Affiliated
Fund. The grant to an Affiliated Fund or another Regulated Fund, but
not the Regulated Fund, of the right to nominate a director for
election to a portfolio company's board of directors, the right to have
an observer on the board of directors or similar rights to participate
in the governance or management of the portfolio company will not be
interpreted so as to violate this condition 6, if conditions
2(c)(iii)(A), (B) and (C) are met.
    7. (a) If any Affiliated Fund or any Regulated Fund elects to sell,
exchange or otherwise dispose of an interest in a security that was
acquired in a Co-Investment Transaction, the applicable Advisers will:
    (i) Notify each Regulated Fund that participated in the Co-
Investment Transaction of the proposed disposition at the earliest
practical time; and
    (ii) formulate a recommendation as to participation by each
Regulated Fund in the disposition.
    (b) Each Regulated Fund will have the right to participate in such
disposition on a proportionate basis, at the same price and on the same
terms and conditions as those applicable to the participating
Affiliated Funds and Regulated Funds.
    (c) A Regulated Fund may participate in such disposition without
obtaining prior approval of the Required Majority if: (i) The proposed
participation of each Regulated Fund and each Affiliated Fund in such
disposition is proportionate to its outstanding investments in the
issuer immediately preceding the disposition; (ii) the Board of the
Regulated Fund has approved as being in the best interests of the
Regulated Fund the ability to participate in such dispositions on a pro
rata basis (as described in greater detail in the application); and
(iii) the Board of the Regulated Fund is provided on a quarterly basis
with a list of all dispositions made in accordance with this condition.
In all other cases, the Adviser will provide its written recommendation
as to the Regulated Fund's participation to the Eligible Directors, and
the Regulated Fund will participate in such disposition solely to the
extent that a Required Majority determines that it is in the Regulated
Fund's best interests.
    (d) Each Affiliated Fund and each Regulated Fund will bear its own
expenses in connection with any such disposition.
    8. (a) If any Affiliated Fund or Regulated Fund desires to make a
Follow-On Investment in a portfolio company whose securities were
acquired in a Co-Investment Transaction, the applicable Advisers will:
    (i) Notify each Regulated Fund that participated in the co-
investment transaction of the proposed Follow-On Investment at the
earliest practical time; and
    (ii) formulate a recommendation as to the proposed participation,
including the amount of the proposed Follow-On Investment, by each
Regulated Fund.
    (b) A Regulated Fund may participate in such Follow-On Investment
without obtaining prior approval of the Required Majority if: (i) The
proposed participation of each Regulated Fund and each Affiliated Fund
in such investment is proportionate to its outstanding investments in
the issuer immediately preceding the Follow-On Investment; and (ii) the
Board of the Regulated Fund has approved as being in the best interests
of the Regulated Fund the ability to participate in Follow-On
Investments on a pro rata basis (as described in greater detail in the
application). In all other cases, the Adviser will provide its written
recommendation as to the Regulated Fund's participation to the Eligible
Directors, and the Regulated Fund will participate in such Follow-On
Investment solely to the extent that a Required Majority determines
that it is in the Regulated Fund's best interests.
    (c) If, with respect to any Follow-On Investment:
    (i) The amount of the opportunity is not based on the Regulated
Funds' and the Affiliated Funds' outstanding investments immediately
preceding the Follow-On Investment; and
    (ii) the aggregate amount recommended by the applicable Adviser to
be invested by the applicable Regulated Fund in the Follow-On
Investment, together with the amount proposed to be invested by other
participating Regulated Funds and Affiliated Funds, collectively, in
the same transaction, exceeds the amount of the investment opportunity,
then the investment opportunity will be allocated among them pro rata
based on each participant's Available Capital, up to the amount
proposed to be invested by each.
    (d) The acquisition of Follow-On Investments as permitted by this
condition will be considered a Co-Investment Transaction for all
purposes and subject to the other conditions set forth in the
application.
    9. The Non-Interested Directors of each Regulated Fund will be
provided quarterly for review all information concerning Potential Co-
Investment Transactions and Co-Investment Transactions, including
investments made by any other Regulated Funds or Affiliated Funds that
the Regulated Fund considered but declined to participate in, so that
the Non-Interested Directors may determine whether all investments made
during the preceding quarter, including those investments that the
Regulated Fund considered but declined to participate in, comply with
the conditions of the Order. In addition, the Non-Interested Directors
will consider at least annually the continued appropriateness for the
Regulated Fund of participating in new and existing Co-Investment
Transactions.
    10. Each Regulated Fund will maintain the records required by
section 57(f)(3) of the Act as if each of the Regulated Funds were a
BDC and each of the investments permitted under these conditions were
approved by the Required Majority under section 57(f) of the Act.
    11. No Non-Interested Director of a Regulated Fund will also be a
director, general partner, managing member or principal, or otherwise
an ``affiliated person'' (as defined in the Act) of an Affiliated Fund.
    12. The expenses, if any, associated with acquiring, holding or
disposing of any securities acquired in a Co-Investment Transaction
(including, without limitation, the expenses of the distribution of any
such securities registered for sale under the 1933 Act) will, to the
extent not payable by the Advisers under their respective investment
advisory agreements with Affiliated Funds and the Regulated Funds, be
shared by the Regulated Funds and the Affiliated Funds in proportion to
the relative amounts of the securities held or to be acquired or
disposed of, as the case may be.

    13. Any transaction fee \10\ (including break-up or commitment fees
but excluding broker's fees contemplated section 17(e) or 57(k) of the
Act, as applicable) received in connection with a Co-Investment
Transaction will be distributed to the participating Regulated Funds
and Affiliated Funds on a pro rata basis based on the amounts they
invested or committed, as the case may be, in such Co-Investment
Transaction. If any transaction fee is to be held by an Adviser pending
consummation of the Co-Investment Transaction, the fee will be
deposited into an account maintained by such Adviser at a bank or banks
having the qualifications prescribed in section 26(a)(1) of the Act,
and the account will earn a competitive rate of interest that will also
be divided pro rata among the participating Regulated Funds and
Affiliated Funds based on the amounts they invest in such Co-Investment
Transaction. None of the Affiliated Funds, the Advisers, the other
Regulated Funds, or any affiliated person of the Regulated Funds or
Affiliated Funds will receive additional compensation or remuneration
of any kind as a result of or in connection with a Co-Investment
Transaction (other than (a) in the case of the Regulated Funds and the
Affiliated Funds, the pro rata transaction fees described above and
fees or other compensation described in condition 2(c)(iii)(C); and (b)
in the case of an Adviser, investment advisory fees paid in accordance
with the investment advisory agreements between such Adviser and the
Regulated Fund or Affiliated Fund).
---------------------------------------------------------------------------

    \10\ The Applicants are not requesting, and the staff is not
providing, any relief for transaction fees received in connection
with any Co-Investment Transaction.
---------------------------------------------------------------------------

    14. If the Holders own in the aggregate more than 25% of the Shares
of a Regulated Fund, then the Holders will vote such Shares as directed
by an independent third party when voting on (1) the election of
directors; (2) the removal of one or more directors; or (3) any other
matter under either the Act or applicable State laws affecting the
Board's composition, size or manner of election.
    15. Each Regulated Fund's chief compliance officer, as defined in
rule 38a-1(a)(4), will prepare an annual report for the Board of such
Regulated Fund that evaluates (and documents the basis of that
evaluation) the Regulated Fund's compliance with the terms and
conditions of the application and procedures established to achieve
such compliance.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23920 Filed 11-2-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Notices]
[Page 72241]
[FR Doc No: 2011-30075]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fourteenth Meeting: RTCA Special Committee 214/EUROCAE WG-78:
Standards for Air Traffic Data Communication Services

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

ACTION: RTCA Special Committee 214/EUROCAE WG-78: Standards for Air
Traffic Data Communication Services meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 214/EUROCAE WG-78: Standards for Air
Traffic Data Communication Services.

DATES: The meeting will be held December 5-9, 2011, from 9 a.m. to 5
p.m.

ADDRESSES: The meeting will be held at RTCA, 1150 18th Street, NW.,
Suite 910, Washington, DC 20036 and Lockheed Martin, 2121 Crystal
Drive, Arlington, VA, 22202. If you plan on attending please contact
Bonnie Rock at<EMAIL_ADDRESS>for required security information.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th
Street, NW., Suite 910, Washington, DC 20036, or by telephone at (202)
833-9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 214/EUROCAE WG-78:
Standards for Air Traffic Data Communication Services. The agenda will
include the following:

December 5, 2011

 Open Plenary Session (at RTCA)
     Chairman's Introductory Remarks
     Review of Meeting Agenda
     Review and Approval of 12th and 13th Meeting Minutes
     Review Action Item Status
 Coordination Activities
     Consideration of ISRA with SC-206/WG 76
     Consideration of plan for release of message sets to
OPLINK
 Consider Approval of Revision A of DO305/ED154
 Consider Approval of DO-281B/ED-92B
 Review of the work so far:
     SPR & INT documents version I
     Validation activities
     SC-214/WG-78 plan for publication
 Review of Position Papers and Contributions
 Approval of Sub-Group Meeting Objectives

December 6, 2011

 Sub-Group Sessions (at RTCA)

December 7. 2011

 Sub-Group Sessions (at Lockheed Martin)

December 8, 2011

 Plenary Session (at RTCA)
     Configuration Sub-Group Report & Assignment of Action
Items
     Validation Sub-Group Report & Assignment of Action Items
     VDL Sub-Group Report & Assignment of Action Items
     Approval to Publish VDL Mode 2 Documents
     Approval for Information Release of SPR and Interops
     Review Dates and Locations of 2012 Plenary and SG Meetings
     Any Other Business
     Adjourn

December 9, 2011

 Sub Group Sessions (RTCA)

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on November 15, 2011.
Kathy Hitt,
Management Analyst, Business Operations Group, Federal Aviation
Administration.
[FR Doc. 2011-30075 Filed 11-21-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 1, 2009 (Volume 74, Number 83)]
[Notices]
[Page 20327-20328]
[DOCID:fr01my09-62]

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DEPARTMENT OF HOMELAND SECURITY

Fee for Services To Support FEMA's Offsite Radiological Emergency
Preparedness Program

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency (FEMA) has established
a fiscal year (FY) 2009 hourly rate of $49.13 for assessing and
collecting fees from Nuclear Regulatory Commission (NRC) licensees for
services provided by FEMA personnel for FEMA's Radiological Emergency
Preparedness (REP) Program.

DATES: This user fee hourly rate is effective for FY 2009 (October 1,
2008, to September 30, 2009).

FOR FURTHER INFORMATION CONTACT: James Kish, Director, Technological
Hazards Division, Department of Homeland Security/FEMA, 1800 S. Bell
Street-CC845, Mail Stop 3025, Arlington, VA 20598-3025;<PHONE_NUMBER>
(phone), or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: As authorized in 42 U.S.C. 5196e, FEMA will
be charging an hourly user fee rate of $49.13 to NRC licensees of
commercial nuclear power plants for all REP Program site-specific
related services provided by FEMA personnel as described in 44 CFR part
354. FEMA will deposit these funds in the REP Program Fund to offset
the actual costs by FEMA for its REP Program.
    FEMA established the hourly rate based upon methodology set forth
in 44 CFR 354.4(b), ``Determination of site-specific biennial exercise
related component for FEMA personnel,'' and will use the rate to assess
and collect fees for site-specific biennial exercise related services
rendered by FEMA personnel. This hourly rate only addresses charges to
NRC licensees for services that FEMA personnel provide under the site-
specific component, not charges for services FEMA personnel provide
under the flat fee component referenced at 44 CFR 354.4(d), nor for
services that FEMA contractors provide. We will charge for FEMA
contractors' services in accordance with 44 CFR 354.4(c) and (d) for
the recovery of appropriated funds obligated for the Emergency
Management Planning and Assistance (EMPA) portion of FEMA's REP Program
budget.

    Dated: April 23, 2009.
Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. E9-10084 Filed 4-30-09; 8:45 am]

BILLING CODE 9110-21-P


[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Proposed Rules]
[Pages 45118-45119]
[FR Doc No: 2019-18517]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0547; Product Identifier 2017-NM-091-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM)
that proposed to adopt a new airworthiness directive (AD) that would
have applied to certain Bombardier, Inc., Model DHC-8-400 series
airplanes. The NPRM was prompted by reports of wear on fuel couplings,
bonding springs, and sleeves as well as fuel tube end ferrules and fuel
component end ferrules. The NPRM would have required repetitive
inspections of the existing clamshell coupling bonding wires, fuel
couplings, and associated sleeves for certain criteria, and replacement
as necessary. The NPRM would also have required repetitive inspections
of the fuel tube end ferrules, fuel component end ferrules, and ferrule
o-ring flanges for damage and wear, and rework as necessary. Since
issuance of the NPRM, the FAA determined that more restrictive
airworthiness limitations are also necessary, that an

optional terminating modification is appropriate for certain airplanes,
and that the NPRM does not adequately address the identified unsafe
condition. Accordingly, the NPRM is withdrawn.

DATES: The FAA is withdrawing the proposed rule published July 6, 2018
(83 FR 31488), as of August 28, 2019.

ADDRESSES:

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-
0547; 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 AD action, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations 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: Joseph Catanzaro, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued an NPRM that proposed to amend 14 CFR part 39 by
adding an AD that would apply to the specified products. The NPRM was
published in the Federal Register on July 6, 2018 (83 FR 31488). The
NPRM was prompted by reports of wear on fuel couplings, bonding
springs, and sleeves as well as fuel tube end ferrules and fuel
component end ferrules.
    The NPRM proposed to require repetitive inspections of the existing
clamshell coupling bonding wires, fuel couplings, and associated
sleeves for certain criteria, and replacement as necessary. The NPRM
also proposed to require repetitive inspections of the fuel tube end
ferrules, fuel component end ferrules, and ferrule o-ring flanges for
damage and wear, and rework as necessary. The proposed actions were
intended to address wear on fuel couplings, bonding springs, and
sleeves as well as fuel tube end ferrules and fuel component end
ferrules, which could reduce the integrity of the electrical bonding
paths through the fuel line and components, and ultimately lead to fuel
tank ignition in the event of a lightning strike.

Actions Since the NPRM Was Issued

    Since issuance of the NPRM, Bombardier developed a new optional
terminating modification for certain Model DHC-8-400 series airplanes
and issued associated service information. In addition, the
applicability for certain required actions was revised and more
restrictive airworthiness limitations related to the identified unsafe
condition were developed. In light of these changes, the FAA is
considering further rulemaking.
    Withdrawal of the NPRM constitutes only such action and does not
preclude the FAA from further rulemaking on this issue, nor does it
commit the FAA to any course of action in the future.

FAA's Conclusions

    Upon further consideration, the FAA has determined that the NPRM
does not adequately address the identified unsafe condition.
Accordingly, the NPRM is withdrawn.

Regulatory Findings

    Since this action only withdraws an NPRM, it is neither a proposed
nor a final rule. This action therefore is not covered under Executive
Order 12866, the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Withdrawal

0
Accordingly, the notice of proposed rulemaking, Docket No. FAA-2018-
0547, which was published in the Federal Register on July 6, 2018 (83
FR 31488), is withdrawn.

    Issued in Des Moines, Washington, on August 22, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-18517 Filed 8-27-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57897-57898]
[FR Doc No: 2016-20285]

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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: RP10-996-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: Report Filing: DCP-2016 Report of Operational Sales
and Purchases of Gas.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5131.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1161-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Interruptible
Service to be effective 8/1/2016.
    Filed Date: 8/4/16.
    Accession Number: 20160804-5039.
    Comments Due: 5 p.m. ET 8/16/16.

    Docket Numbers: RP16-1162-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Chesapeake Mutual Termination
of Firm and Neg Rate Agmts to be effective 9/1/2016.
    Filed Date: 8/5/16.
    Accession Number: 20160805-5075.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1163-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Compliance filing Loudon Expansion Recourse Rates in
CP15-91-000 to be effective 9/1/2016.
    Filed Date: 8/5/16.
    Accession Number: 20160805-5097.
    Comments Due: 5 p.m. ET 8/17/16.

    Docket Numbers: RP16-1164-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate for Tate &
Lyle Contract 410576 to be effective 9/1/2016.
    Filed Date: 8/5/16.
    Accession Number: 20160805-5101.
    Comments Due: 5 p.m. ET 8/17/16.

    Docket Numbers: RP16-1165-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Revisions to Rate Schedules
and GT&C to be effective 9/7/2016.

    Filed Date: 8/5/16.
    Accession Number: 20160805-5154.
    Comments Due: 5 p.m. ET 8/17/16.

    Docket Numbers: RP16-1166-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2016-08-05 CP to be
effective 8/6/2016.
    Filed Date: 8/5/16.
    Accession Number: 20160805-5176.
    Comments Due: 5 p.m. ET 8/17/16.

    Docket Numbers: RP16-1167-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: AGT Signature Block
Modification to be effective 9/9/2016.
    Filed Date: 8/9/16.
    Accession Number: 20160809-5103.
    Comments Due: 5 p.m. ET 8/22/16.

    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
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: RP16-961-001.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Compliance filing Compliance Filing in Docket No.
RP16-961-000 to be effective 8/1/2016.
    Filed Date: 8/9/16.
    Accession Number: 20160809-5143.
    Comments Due: 5 p.m. ET 8/22/16.

    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 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: August 10, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-20285 Filed 8-23-16; 8:45 am]
 BILLING CODE 6717-01-P


June 29, 2004 Honorable John G. Rowland Governor of Connecticut State Capitol Hartford, Connecticut 06106 Dear Governor Rowland:

Fine particle pollution represents one of the most significant barriers to clean air facing our nation today. These tiny particles   about 1/ 30th the diameter of a human hair   have been scientifically linked to serious human health problems. Their ability to be suspended in air for long periods of time makes them a public health threat far beyond the source of emissions. An important part of our nation's commitment to clean, healthy air deals with reducing levels of this fine particle or PM2.5 pollution.

On February 10, 2004, you sent us your recommendations on fine particle air quality designations. We have thoroughly reviewed your recommendations and the technical information you have submitted to support your recommendations. We appreciate the effort your State has made to develop this supporting information. Consistent with the Clean Air Act, this letter is to notify you that based on the information contained in your submittal, EPA agrees with your recommended designations and boundaries for most counties, but intends to modify your recommended designations and boundaries for some counties, as described in the enclosure discussed below.

Your Environmental Commissioner will receive a copy of this letter with a more detailed enclosure containing a description of areas where EPA intends to modify your State recommendations, and the basis for such modification. Should you have additional information that you wish to be considered by EPA in this process, we request that you provide it to us by September 1.

You will hear from us again in November when EPA takes the final step in the PM2.5 designation process and determines those areas that are in attainment and those areas that are nonattainment. For areas in attainment, the challenge will be not only to maintain, but also to continue the progress you have made toward clean air. We wish to ensure that there is no backsliding in the clean air status for fine particles that your state has achieved. This is especially important as your economy grows in the future. EPA will also issue a proposed fine particle implementation rule prior to final designations, which will allow you to proceed with planning to achieve clean air. 2 The Bush Administration is addressing fine particle pollution with a comprehensive national clean air strategy. This strategy includes EPA's recent rule to reduce pollution from nonroad diesel engines, and the proposed rule to reduce pollution from power plants in the eastern U. S. These two rules are important components of EPA's efforts to help States and localities meet the more protective national fine particle and 8 hour ozone air quality standards. Together these rules will help all areas of the country achieve cleaner air.

Should your staff have any questions, I invite them to contact David Conroy, Acting Chief of the Air Programs Branch, at 617 918 1661. We look forward to a continued dialogue with you as we work together to implement the PM2.5 standards.

Sincerely,

Robert W. Varney Regional Administrator cc: Arthur J. Rocque, Commissioner, CT DEP Anne Gobin, CT DEP