[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Notices]
[Pages 23553-23557]
[FR Doc No: 2020-08942]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33848; File No. 812-14905]

FS Credit Income Fund, et al.

April 22, 2020.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice.

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

Summary of Application:  Applicants request an order to permit certain
closed-end investment companies to co-invest in portfolio companies
with each other and with affiliated investment funds.

Applicants:  FS Credit Income Fund (``FSC''), FS Credit Income Advisor,
LLC (``FSC Advisor''), GoldenTree Asset Management Credit Advisor LLC
(``GTAM Credit''), GoldenTree Loan Management LP (``GLM''), GoldenTree
Asset Management LP (``GTAM''), GoldenTree Master Fund, Ltd.,
GoldenTree Partners, LP, GoldenTree Offshore Fund, Ltd., GoldenTree
Offshore Intermediate Fund, LP, GoldenTree Select Partners, LP,
GoldenTree Select Offshore Fund, Ltd., GoldenTree Select Offshore
Intermediate Fund, LP, GoldenTree Entrust Intermediate Fund SPC
(Segregated Portfolio I), GoldenTree Entrust Offshore Fund SPC
(Segregated Portfolio I), GoldenTree Entrust Master Fund SPC
(Segregated Portfolio I), GT NM, L.P., GoldenTree Credit Opportunities
Master Fund, Ltd., GoldenTree Credit Opportunities, LP, GoldenTree
Credit Opportunities, Ltd., GoldenTree Multi-Sector Master Fund ICAV,
GoldenTree Multi-Sector, LP, GoldenTree Multi-Sector Cayman Ltd.,
GoldenTree NJ Distressed Fund 2015 LP, GoldenTree Emerging Markets
Master Fund ICAV, GoldenTree Emerging Markets Fund ICAV, GoldenTree
High Yield Value Master ICAV, GoldenTree High Yield Value Fund Offshore
(Strategic) Ltd., GoldenTree Multi-Sector Fund Offshore ERISA Ltd.,
GoldenTree Loan Opportunities IX Ltd., GoldenTree Loan Opportunities X
Ltd., GoldenTree Loan Opportunities XII Ltd., GoldenTree Loan Financing
I, Ltd., GoldenTree Structured Products Opportunities Offshore Fund
Extension Holdings LLC, GoldenTree Structured Products Opportunities
Domestic Fund Extension Holdings LLC, GoldenTree Structured Products
Opportunities Fund Extension Holdings LLC, GoldenTree Structured
Products--C LP, Guadalupe Fund, LP, Gresham Multi-Sector Credit Fund,
Ltd., GoldenTree 2017 K-SC, Ltd, GoldenTree Distressed Master Fund III
Ltd, GoldenTree Distressed Fund III LP, GoldenTree Distressed Master
(ECI) Fund III LP, GoldenTree Distressed Fund 2014 LP, GoldenTree
Distressed Master Fund 2014 Ltd., GoldenTree Distressed Master (ECI)
Fund 2014 LP, GoldenTree Distressed Debt Master Fund LP, GoldenTree
Distressed Debt Fund LP, GoldenTree Distressed Debt Master (ECI) Fund
LP, Laurelin 2016-1 DAC, Ginkgo Tree, LLC, GoldenTree Co-Invest Fund II
LP, GoldenTree Co-Invest Fund II Ltd., GoldenTree Co-Invest Master Fund
II Ltd., GoldenTree V1 Fund, LP, GoldenTree V1 Master Fund, LP, GT
Credit Fund LP (the ``GTAM Private Funds''), GoldenTree Loan Management
US CLO 1, Ltd., GoldenTree Loan Management US CLO 2, Ltd., GoldenTree
Loan Management US CLO 3, Ltd., GoldenTree Loan Opportunities XI, Ltd.,
GoldenTree Loan Management EUR CLO 1 DAC, GoldenTree Loan Management
(US Feeder), LP, GoldenTree Loan Management (Offshore Feeder), LP, GLM
EUR BAR WH DAC, GLM EUR CB WH DAC, GLM EUR MS WH DAC, GLM MS WH, Ltd.,
GoldenTree Loan Management US CLO 4, Ltd., GoldenTree Loan Management
US CLO 5, Ltd., GoldenTree Loan Management EUR CLO 2 DAC, GoldenTree
Loan Management EUR CLO 3 DAC, GoldenTree Distressed Onshore Master
Fund III LP, GoldenTree Distressed Parallel Fund III LP, GoldenTree
Loan Management US CLO 6, Ltd., GoldenTree Loan Management US CLO 7,
Ltd., GoldenTree Loan Management US CLO 8, Ltd., GoldenTree Loan
Management EUR CLO 4 DAC (the ``GLM Private Funds,'' together with the
GTAM Private Funds, the ``Private Funds'').

Filing Dates:  The application was filed on May 15, 2018, and amended
on December 13, 2018, December 5, 2019 and March 10, 2020.

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 emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving Applicants with a
copy of the request email. Hearing requests should be received by the
Commission by 5:30 p.m. on May 18, 2020, and should be accompanied by
proof of service on the 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 emailing the
Commission's Secretary.

ADDRESSES: The Comission<EMAIL_ADDRESS>Applicants: FS
Credit Income Advisor, LLC, Attn: Neal Helbe,
<EMAIL_ADDRESS>GoldenTree Asset Management LP, Attn:
Barry Ritholz<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT:  Bruce R. MacNeil, Senior Counsel, at
(202) 551-6817, or Kaitlin C. Bottock, Branch Chief, at<PHONE_NUMBER>
(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 website 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. FSC is a Delaware Statutory Trust and is a non-diversified,
closed-end management investment company that operates as an interval
fund pursuant to Rule 23c-3 under the Act. FSC's Objectives and
Strategies \1\ are to provide attractive total returns, which will
include current income and capital appreciation, by investing, under
normal market conditions, at least 80% of its assets (including
borrowings for investment purposes) in debt obligations. FSC has a
board of trustees, a majority of which is comprised of members who are
not ``interested persons'' within the meaning of section 2(a)(19) of
the Act (the ``Non-Interested Trustees''). No Non-Interested Trustee
will have any direct or indirect financial interest in any Co-
Investment Transaction (as defined below) or any interest in any
portfolio company, other than indirectly through share ownership (if
any) in FSC or a Future Regulated Fund (as defined below).
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    \1\ ``Objectives and Strategies'' means, with respect to a
Regulated Fund (as defined below), the investment objectives and
strategies of such Regulated Fund, as described in such Regulated
Fund's registration statement, other filings the Regulated Fund has
made with the Commission under the Act, under the Securities Act of
1933, as amended (``1933 Act'') or under the Securities Exchange Act
of 1934, as amended, or in the Regulated Fund's reports to
shareholders.
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    2. Each of the GTAM Private Funds and the GLM Private Funds are
entities that would be an investment company but for section 3(c)(1) or
3(c)(7) of the Act.
    3. FSC Advisor, a Delaware limited liability company, is an
investment adviser registered with the Commission under the Investment
Advisers Act of 1940 (``Advisers Act''). FSC Advisor serves as
investment adviser to FSC and has engaged GTAM Credit to serve as sub-
adviser to FSC.
    4. GTAM Credit, a Delaware limited liability company, is an
investment adviser registered under the Advisers Act. GTAM Credit
identifies investment opportunities and executes on its trading
strategies for FSC subject to guidelines agreed to by FSC Advisor and
GTAM Credit. FSC Advisor is not an affiliated person (as defined in
Section 2(a)(3) of the Act) of GTAM Credit and is not responsible for
making or ratifying any investment decisions made by GTAM Credit.
    5. GTAM, a Delaware limited partnership, is an investment adviser
registered with the Commission under the Advisers Act. GTAM serves as
investment adviser to each of the GTAM Private Funds.
    6. GLM, a Cayman Islands limited partnership, is an investment
adviser registered with the Commission under the Advisers Act. GLM
serves as the investment adviser to each of the GLM Private Funds.
    7. Applicants seek an order (``Order'') to permit one or more
Regulated Funds \2\ and/or one or more Affiliated Funds \3\ 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 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; \4\ 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 a Wholly-Owned Investment
Subsidiary (as defined below)) participates 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 a Wholly-Owned
Investment Subsidiary (defined below)) 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.\5\
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    \2\ ``Regulated Fund'' means FSC and any Future Regulated Fund.
``Future Regulated Fund'' means any closed-end investment management
company (a) that is registered under the Act, (b) whose investment
adviser (and any sub-adviser, if any) is a GTAM Adviser, and (c)
that intends to participate in the Co-Investment Program. The term
``FS Adviser'' means (a) FSC Advisor and (b) any future investment
adviser that controls, is controlled by or is under common control
with FSC Advisor, is registered as an investment adviser under the
Advisers Act and is not a Regulated Fund or a subsidiary of a
Regulated Fund. The term ``GTAM Adviser'' means (a) GTAM, GTAM
Credit, or GLM and (b) any future investment adviser that controls,
is controlled by or is under common control with GTAM, GTAM Credit,
or GLM, is registered as an investment adviser under the Advisers
Act and is not a Regulated Fund or a subsidiary of a Regulated Fund.
The term ``Adviser'' means (a) a FS Adviser or (b) a GTAM Adviser;
provided that a GTAM Adviser serving as a sub-adviser to an
Affiliated Fund (defined below) is included in this term only if (i)
the investment adviser is also a GTAM Adviser and (ii) such Adviser
controls the entity. Applicants state that the FS Advisers will only
be subject to conditions 2(c)(iv), 13 and 14 of the application.
    \3\ ``Affiliated Fund'' means the Private Funds and any Future
Affiliated Fund. ``Future Affiliated Fund'' means any entity (a)
whose investment adviser (and any sub-adviser, if any) is a GTAM
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.
    \4\ The term ``private placement transactions'' means
transactions in which the offer and sale of securities by the issuer
are exempt from registration under the 1933 Act.
    \5\ 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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    8. Applicants state that FSC Advisor has delegated responsibility
for the Co-Investment Program to GTAM Credit. Applicants further state
that GTAM Credit has sole responsibility for causing FSC and any
Affiliated Fund to enter into a Potential Co-Investment Transaction and
is responsible for ensuring that the GTAM Adviser, the Regulated Funds,
and any Affiliated Funds comply with the conditions of the application.
    9. Applicants state that a Regulated Fund may, from time to time,
form one or more Wholly-Owned Investment Subsidiaries.\6\ 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
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.
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    \6\ 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 of trustees (``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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    10. 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. Each Adviser, as
applicable, undertakes to perform these duties consistently for each
Regulated Fund, as applicable, regardless of which of them serves as
investment adviser for these entities. The participation of a Regulated
Fund in a Potential Co-Investment Transaction may only be approved by
both a majority of the trustees of the Board who have no financial
interest in such transaction, plan or arrangement and a majority of
such trustees who are Non-Interested Trustees (a ``Required
Majority''),\7\ eligible to vote on that Co-Investment Transaction (the
``Eligible Trustees'').\8\
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    \7\ ``Required Majority'' has the meaning provided in Section
57(o) of the Act. The trustees of a Regulated Fund that make up the
Required Majority will be determined as if the Regulated Fund were a
business development company (``BDC'') subject to Section 57(o).
    \8\ The term ``Eligible Trustees'' means the trustees who are
eligible to vote under Section 57(o) as if the Regulated Fund were a
BDC subject to Section 57(o).
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    11. 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 Regulated Fund's Adviser will
present each Potential Co-Investment Transaction and the proposed
allocation to the Regulated Fund's Eligible Trustees, and the Required
Majority will approve each Co-Investment Transaction prior to any
investment by the participating Regulated Fund.
    12. 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.
    13. 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 Trustees will act independently in evaluating the Co-
Investment Program, because the ability of an Adviser and its
principals to influence the Non-Interested Trustees by a suggestion,
explicit or implied, that the Non-Interested Trustees can be removed
will be limited significantly. Applicants represent that the Non-
Interested Trustees 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 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.
    2. Applicants state that in the absence of the requested relief,
the Regulated Funds would be, in some circumstances, limited in their
ability to participate in attractive and appropriate investment
opportunities. Applicants believe that the proposed terms and
conditions will ensure that the Co-Investment Transactions are
consistent with the protection of each Regulated Fund's shareholders
and with the purposes intended by the policies and provisions of the
Act. Applicants state that the Regulated Funds' participation in the
Co-Investment Transactions will be consistent with the provisions,
policies, and purposes of the Act and on a basis that is not different
from or less advantageous than that of other participants.

Applicants' Conditions

    Applicants agree that the Order will be subject to the following
conditions:
    1. Each time an 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 Trustees of each participating Regulated Fund
with information concerning each participating party's Available
Capital to assist the Eligible Trustees 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 Trustees of each
participating Regulated Fund for their consideration. A Regulated Fund
will co-invest with one or more other Regulated Funds and/or one or
more Affiliated Funds only if, prior to the Regulated Fund's
participation in the Potential Co-Investment Transaction, a Required
Majority concludes that:
    (i) The terms of the Potential Co-Investment Transaction, including
the consideration to be paid, are reasonable and fair to the Regulated
Fund and its shareholders and do not involve overreaching in respect of
the Regulated Fund or its shareholders on the part of any person
concerned;
    (ii) The Potential Co-Investment Transaction is consistent with:
    (A) The interests of the Regulated Fund's shareholders; 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) He Eligible Trustees 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) 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.
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    \9\ This exception applies only to Follow-On Investments by a
Regulated Fund in issuers in which the Regulated Fund already holds
investments.
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    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 Adviser 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 Trustees, 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 Adviser 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
Trustees, 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 GTAM
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 Trustees 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 Trustees 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 Trustees
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 Trustee 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) of the Act)
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 law 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) under the Act, 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.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-08942 Filed 4-27-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: September 19, 2006 (Volume 71, Number 181)]
[Notices]
[Page 54864-54865]
[DOCID:fr19se06-75]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54429; File No. SR-Phlx-2006-52]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change, and Amendment No. 1 Thereto,
Relating to Quoting Obligations

September 12, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 15, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III, below, which items have been prepared by the Phlx. On
September 8, 2006, the Exchange filed Amendment No. 1 to the proposed
rule change.\3\ The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 made a clarifying change to the proposed
rule text, as well as two minor technical changes to the purpose
section.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx proposes to amend Phlx Rule 1014, ``Obligations and
Restrictions Applicable to Specialists and Registered Options
Traders,'' by adopting Phlx Rule 1014(b)(ii)(D)(4), which would state
that Streaming Quote Traders (``SQTs''),\4\ Remote Streaming Quote
Traders (``RSQTs''),\5\ and SQTs and RSQTs that receive Directed Orders
\6\ (``DSQTs'' and ``DRSQTs,'' respectively) would be deemed not to be
assigned in any option series until the time to expiration for such
series is less than nine months. Therefore, according to the Exchange,
the market making obligations described in Phlx Rule 1014(b)(ii)(D)
would not apply to SQTs, RSQTs, DSQTs and DRSQTs respecting series with
an expiration of nine months or greater. The Exchange proposes to adopt
the rule on a six-month pilot basis, beginning on the date of approval
of the proposed rule change. The text of the proposed rule change, as
amended, is available on the Phlx's Web site at http://www.phlx.com,

the Phlx's Office of the Secretary, and at the Commission's Public
Reference Room.
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    \4\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
option quotations electronically through AUTOM in eligible options
to which such SQT is assigned. An SQT may only submit such
quotations while such SQT is physically present on the floor of the
Exchange. See Phlx Rule 1014(b)(ii)(A).
    \5\ An RSQT is an ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically through AUTOM in eligible options to which such RSQT
has been assigned. An RSQT may only submit such quotations
electronically from off the floor of the Exchange. See Phlx Rule
1014(b)(ii)(B).
    \6\ The term ``Directed Order'' means any customer order (other
than a stop or stop-limit order as defined in Phlx Rule 1066) to buy
or sell which has been directed to a particular specialist, RSQT, or
SQT by an Order Flow Provider. See Phlx Rule 1080(l)(i)(A).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Phlx included statements
concerning the purpose of and basis for the proposed rule change, as
amended, and discussed any comments it received on the proposed rule
change. The text of these statements may be examined at the places
specified in Item IV below. The Phlx has prepared summaries, set forth
in Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change, as amended, is to mitigate
the Exchange's quote traffic and capacity by relaxing the quoting
obligations applicable to SQTs, RSQTs, DSQTs, and DRSQTs, thereby
reducing the number of quotations required to be submitted on the
Exchange.
    Current Quoting Obligations. Currently, SQTs and RSQTs that do not
receive Directed Orders in a Streaming Quote Option \7\ are responsible
to quote

continuous, two-sided markets in not less than 60% of the series in
each Streaming Quote Option in which such SQT or RSQT is assigned.\8\
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    \7\ A Streaming Quote Option is an option in which SQTs may
generate and submit option quotations if such SQT is physically
present on the Exchange floor, and RSQTs may generate and submit
option quotations from off the floor of the Exchange,
electronically. See Phlx Rule 1080(k). Currently, all options
trading on the Exchange are Streaming Quote options.
    \8\ See Phlx Rule 1014(b)(ii)(D)(1).
---------------------------------------------------------------------------

    A DSQT or DRSQT is responsible to quote continuous, two-sided
markets in not less than 99% of the series listed on the Exchange in at
least 60% of the options in which such DSQT or DRSQT is assigned.\9\
Whenever a DSQT or DRSQT enters a quotation in an option in which such
DSQT or DRSQT is assigned, such DSQT or DRSQT must maintain continuous
quotations for not less than 99% of the series of the option listed on
the Exchange until the close of that trading day.\10\
---------------------------------------------------------------------------

    \9\ See Phlx Rule 1014(b)(ii)(D)(1).
    \10\ See Phlx Rule 1014(b)(ii)(D)(1).
---------------------------------------------------------------------------

    The Proposal. One way to reduce the number of quotations submitted
by SQTs, RSQTs, DSQTs and DRSQTs is to relax the quoting obligations
that require quotes to be generated. Specifically, the Exchange
proposes, on a six-month pilot basis, to permit SQTs, RSQTs, DSQTs and
DRSQTs not to submit streaming quotations in options with a series of
more than nine months until expiration, which are known as LEAPS (Long-
term Equity Anticipation Securities), by deeming them not to be
assigned in any option series until the time to expiration for such
series is less than nine months. The effect of this is to relax their
quoting obligations, and ultimately the number of quotes they are
required to submit, because the quoting obligations in Phlx Rule
1014(b)(ii)(D)(1) apply only to those options in which they are
assigned.
    Specialists, currently responsible to quote continuous, two-sided
markets in not less than 99% of the series in each Streaming Quote
Option in which such specialist is assigned,\11\ would still be
required to quote LEAPS, so the Exchange would continue to disseminate
a two-sided market in LEAPS. The Exchange believes that this should
facilitate order routing decisions for order flow providers in
determining to send order flow to the Exchange generally in all options
series. Many order flow providers, from a technology standpoint, find
it burdensome to determine to which market they route orders in a
particular option based on whether that market trades LEAPS or not; it
is simply easier to route to the market that does.
---------------------------------------------------------------------------

    \11\ See Phlx Rule 1014(b)(ii)(D)(2).
---------------------------------------------------------------------------

    The Exchange proposes to effect the proposed rule change on a six-
month pilot basis, beginning on the date the Commission approves this
proposed rule filing.
2. Statutory Basis
    The Exchange believes that its proposal, as amended, is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\13\ in particular, in that it
is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest, by relaxing the quoting requirements
in LEAPS, thereby reducing the number of options quotations required to
be submitted, which should enable the Exchange to mitigate quote
traffic and use of capacity.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change, as
amended, will impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments on the proposed rule change, as amended, were
neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Phlx consents, the Commission will:
    (A) by order approve such proposed rule change, as amended, or
    (B) institute proceedings to determine whether the proposed rule
change, as amended, should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2006-52 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Phlx-2006-52. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal office of the Phlx. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2006-52 and should be submitted on or before
October 10, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-15498 Filed 9-18-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Notices]
[Pages 43763-43764]
[FR Doc No: 2014-17642]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket No. FEMA-2014-0002; Internal Agency Docket No. FEMA-B-1404]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency; DHS.

ACTION: Notice; Correction.

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

SUMMARY: On April 25, 2014, FEMA published in the Federal Register a
proposed flood hazard determination notice that contained an erroneous
table. This notice provides corrections to that table, to be used in
lieu of the information published at 79 FR 23008. The table provided
here represents the proposed flood hazard determinations and
communities affected for Daviess County, Missouri, and Incorporated
Areas.

DATES: Comments are to be submitted on or before October 27, 2014.

ADDRESSES: The Preliminary Flood Insurance Rate Map (FIRM), and where
applicable, the Flood Insurance Study (FIS) report for each community
are available for inspection at both the online location and the
respective Community Map Repository address listed in the table below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1404, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER> or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed in the table below, in
accordance with Section 110 of the Flood Disaster Protection Act of
1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own, or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are also used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP may only be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The communities affected by the flood hazard determinations are
provided in the table below. Any request for reconsideration of the
revised flood hazard determinations shown on the Preliminary FIRM and
FIS report that satisfies the data requirements outlined in 44 CFR
67.6(b) is considered an appeal. Comments unrelated to the flood hazard
determinations will also be considered before the FIRM and FIS report
are made final.

Correction

    In the proposed flood hazard determination notice published at 79
FR 23008 in the April 25, 2014, issue of the Federal Register, FEMA
published a table titled Daviess County, Missouri, and Incorporated
Areas. This table contained inaccurate information as to the community
map repository for Town of Lock Springs featured in the table. In this
document, FEMA is publishing the accurate information. The correct
address for the Town of Lock Springs, which should be used in lieu of
the address listed in the previously published table, is: Lock Springs
Town Hall, 200 Lake Street, Jamesport, MO 64648.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: July 11, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-17642 Filed 7-25-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53468-53469]
[FR Doc No: 2018-23131]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-118-000]

Innovative Solar 67, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Innovative
Solar 67, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214

of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 6, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website 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 protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: October 17, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-23131 Filed 10-22-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71605-71606]
[FR Doc No: 2022-25558]

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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
corporate filings:

    Docket Numbers: EC22-71-000.
    Applicants: Canal Generating LLC, Canal 3 Generating LLC, Bucksport
Generation LLC, Stonepeak Kestrel Energy Marketing LLC.
    Description: Response to November 4, 2022 Deficiency Letter of
Canal Generating LLC, et al.
    Filed Date: 11/14/22.
    Accession Number: 20221114-5413.
    Comment Date: 5 p.m. ET 12/5/22.

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

    Docket Numbers: ER11-4339-002.
    Applicants: ENBALA Power Networks (USA), Inc.
    Description: Notice of Non-Material Change in Status of ENBALA
Power Networks (USA), Inc.
    Filed Date: 11/14/22.
    Accession Number: 20221114-5416.
    Comment Date: 5 p.m. ET 12/5/22.

    Docket Numbers: ER21-21-001.
    Applicants: Harts Mill Solar, LLC.
    Description: Refund Report: Refund Report Filing in Docket ER21-21
to be effective N/A.
    Filed Date: 11/15/22.
    Accession Number: 20221115-5004.
    Comment Date: 5 p.m. ET 12/6/22.

    Docket Numbers: ER21-2460-003.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: NYISO Compliance Filing re: June
2022 Order on NYISO's Order No. 2222 Compliance to be effective 12/31/
9998.
    Filed Date: 11/14/22.
    Accession Number: 20221114-5357.
    Comment Date: 5 p.m. ET 12/5/22.

    Docket Numbers: ER23-158-001.
    Applicants: Public Service Company of Colorado.
    Description: Tariff Amendment: Errata SCC_Attachment B and C to be
effective 12/31/9998.
    Filed Date: 11/10/22.
    Accession Number: 20221110-5140.
    Comment Date: 5 p.m. ET 11/17/22.

    Docket Numbers: ER23-159-001.
    Applicants: Public Service Company of Colorado.
    Description: Tariff Amendment: Errata SCC_Joint Op. Agreement to be
effective 12/31/9998.
    Filed Date: 11/10/22.
    Accession Number: 20221110-5097.
    Comment Date: 5 p.m. ET 11/17/22.

    Docket Numbers: ER23-161-001.
    Applicants: Public Service Company of Colorado.
    Description: Tariff Amendment: Errata SCC_Cost-based Coord.
Services to be effective 12/31/9998.
    Filed Date: 11/10/22.
    Accession Number: 20221110-5100.
    Comment Date: 5 p.m. ET 11/17/22.

    Docket Numbers: ER23-162-001.
    Applicants: Public Service Company of Colorado.
    Description: Tariff Amendment: Errata_Social Cost of Carbon to be
effective 12/31/9998.
    Filed Date: 11/10/22.
    Accession Number: 20221110-5095.
    Comment Date: 5 p.m. ET 11/17/22.

    Docket Numbers: ER23-428-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Oncor 5th A&R
Interconnection Agreement to be effective 11/3/2022.

    Filed Date: 11/15/22.
    Accession Number: 20221115-5079.
    Comment Date: 5 p.m. ET 12/6/22.

    Docket Numbers: ER23-429-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: LA, Pier S. Energy Storage
Project (WDT1683-SA1205) to be effective 1/15/2023.
    Filed Date: 11/15/22.
    Accession Number: 20221115-5094.
    Comment Date: 5 p.m. ET 12/6/22.

    Docket Numbers: ER23-430-000.
    Applicants: Evergy Kansas Central, Inc.
    Description: Sec.  205(d) Rate Filing: Equity 205 Filing January
2023 to be effective 1/1/2023.
    Filed Date: 11/15/22.
    Accession Number: 20221115-5102.
    Comment Date: 5 p.m. ET 12/6/22.

    Docket Numbers: ER23-431-000.
    Applicants: Evergy Kansas Central, Inc.
    Description: Sec.  205(d) Rate Filing: Revision, Formula Rate
Agreements Common Stock to be effective 1/1/2023.
    Filed Date: 11/15/22.
    Accession Number: 20221115-5103.
    Comment Date: 5 p.m. ET 12/6/22.

    Docket Numbers: ER23-432-000.
    Applicants: American Electric Power Service Corporation, Ohio Power
Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: American Electric Power
Service Corporation submits tariff filing per 35.13(a)(2)(iii): AEP
submits four Facilities Agreements re: ILDSA, SA No. 1336 to be
effective 1/15/2023.
    Filed Date: 11/15/22.
    Accession Number: 20221115-5115.
    Comment Date: 5 p.m. ET 12/6/22.

    Docket Numbers: ER23-433-000.
    Applicants: Evergy Kansas Central, Inc., Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Evergy Kansas Central, Inc.
submits tariff filing per 35.13(a)(2)(iii): Evergy Kansas Central and
Evergy Kansas South Formula Rate Revisions to be effective 1/1/2023.
    Filed Date: 11/15/22.
    Accession Number: 20221115-5120.
    Comment Date: 5 p.m. ET 12/6/22.

    Docket Numbers: ER23-434-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
FERC No. 65 to be effective 1/17/2022.
    Filed Date: 11/15/22.
    Accession Number: 20221115-5126.
    Comment Date: 5 p.m. ET 12/6/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: November 15, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-25558 Filed 11-22-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Page 23148]
[FR Doc No: 2017-10485]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0167; FRL-9962-21-Region 6]

Approval and Promulgation of Implementation Plans; Louisiana;
Volatile Organic Compounds Rule Revision and Stage II Vapor Recovery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is withdrawing a
direct final rule published on March 23, 2017 because relevant adverse
comments were received. The rule pertained to EPA approval of Louisiana
State Implementation Plan (SIP) revisions controlling emissions of
volatile organic compounds (VOCs) and changing the Stage II gasoline
vapor recovery rule. In a separate subsequent final rulemaking EPA will
address the comments received.

DATES: The direct final rule published on March 23, 2017 (82 FR 14822),
is withdrawn effective May 22, 2017.

FOR FURTHER INFORMATION CONTACT: Wendy Jacques,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA. On March 23, 2017, we published a direct final
rule approving Louisiana SIP revisions controlling emissions of VOCs
and changing the Stage II gasoline vapor recovery rule (82 FR 14822).
The direct final rule was published without prior proposal because we
anticipated no adverse comments. We stated in the direct final rule
that if we received relevant adverse comments by April 24, 2017, we
would publish a timely withdrawal in the Federal Register. We received
relevant adverse comments and accordingly are withdrawing the direct
final rule. In a separate subsequent final rulemaking we will address
the comments received.

List of Subjects in 40 CFR Part 52

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

    Dated: May 17, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

0
Accordingly, the amendments to 40 CFR 52.970 published in the Federal
Register on March 23, 2017 (82 FR 14822), which were to become
effective on May 22, 2017, are withdrawn.

[FR Doc. 2017-10485 Filed 5-19-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 15, 2010 (Volume 75, Number 199)]
[Notices]
[Page 63468-63469]
[DOCID:fr15oc10-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Revocation of Market-Based Rate Tariff

October 7, 2010.

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

------------------------------------------------------------------------
Electric Quarterly Reports................  Docket No. ER02-2001-016
BM2 LLC...................................  Docket No. ER06-885-000
DJGW, LLC.................................  Docket No. ER04-289-000
------------------------------------------------------------------------

    On September 22, 2010, the Commission issued an order announcing
its intent to revoke the market-based rate authority of the above
captioned public utilities, which had failed to file their required
Electric Quarterly Reports.\1\ The Commission provided the utilities
fifteen days in which to file their overdue Electric Quarterly Reports
or face revocation of their market-based rate tariffs.
---------------------------------------------------------------------------

    \1\ Electric Quarterly Reports, 132 FERC ] 61,251 (2010)
(September 22 Order).
---------------------------------------------------------------------------

    In Order No. 2001, the Commission revised its public utility filing
requirements and established a requirement for public utilities,
including power marketers, to file Electric Quarterly Reports
summarizing the contractual terms and conditions in their agreements
for all jurisdictional services (including market-based power sales,
cost-based power sales, and transmission service) and providing
transaction information (including rates) for short-term and long-term
power sales during the most recent calendar quarter.\2\
---------------------------------------------------------------------------

    \2\ Revised Public Utility Filing Requirements, Order No. 2001,
67 FR 31,043, FERC Stats. & Regs. ] 31,127, reh'g denied, Order No.
2001-A, 100 FERC ] 61,074, reconsideration and clarification denied,
Order No. 2001-B, 100 FERC ] 61,342, order directing filings, Order
No. 2001-C, 101 FERC ] 61,314 (2002), order directing filing, Order
No. 2001-D, 102 FERC ] 61,334 (2003).
---------------------------------------------------------------------------

    In the September 22 Order, the Commission directed BM2 LLC and
DJGW, LLC to file the required Electric Quarterly Reports within 15
days of the

date of issuance of the order or face revocation of their authority to
sell power at market-based rates and termination of their electric
market-based rate tariffs.\3\
---------------------------------------------------------------------------

    \3\ September 22 Order at Ordering Paragraph A.
---------------------------------------------------------------------------

    The time period for compliance with the September 22 Order has
elapsed. The two companies identified in the September 22 Order (BM2
LLC and DJGW, LLC) have failed to file their delinquent Electric
Quarterly Reports.
    The Commission hereby revokes the market-based rate authority and
terminates the electric market-based rate tariffs of the above-
captioned public utilities.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-25955 Filed 10-14-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 63 (Tuesday, April 2, 2013)]
[Notices]
[Pages 19711-19713]
[FR Doc No: 2013-07593]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0338]

Center for Devices and Radiological Health: Experiential Learning
Program

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration's (FDA) Center for Devices
and Radiological Health (CDRH or Center) is announcing an invitation
for participation in its Experiential Learning Program (ELP). The ELP
provides a formal training mechanism for regulatory review staff to
visit research, clinical, manufacturing, and health care facilities to
observe firsthand how medical devices are designed, developed, and
utilized. This training is intended to provide CDRH staff with an
opportunity to observe the device development life cycle and provide a
better understanding of the medical devices they review, and the
challenges faced throughout development, testing, manufacturing, and
clinical use. The purpose of this document is to invite medical device
and health care facilities to participate in this formal training
program for FDA's medical device review staff, or to contact CDRH for
more information regarding the program.

DATES: Submit either an electronic or written request for participation
in this program by May 2, 2013. The request should include a
description of your facility relative to product areas CDRH regulates.
Please include the Area of Interest/Medical Device or Technology
(identified in table 1or 2) that the visit will demonstrate to CDRH
staff.

ADDRESSES: Submit either electronic requests to http://www.regulations.gov or written requests to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Latonya Powell, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 4448, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
FAX:<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    CDRH launched the ELP Pilot in 2012 and will fully implement the
program in 2013. The Center is responsible for ensuring the safety and
effectiveness of medical devices marketed in the United States.
Furthermore, CDRH assures that patients and providers have timely and
continued access to safe, effective, high-quality medical devices and
safe radiation-emitting products. In support of this mission, the
Center launched various training and development initiatives to enhance
performance of its regulatory review staff and other staff involved in
the premarket review process. CDRH is driven to advance regulatory
science; provide industry with predictable, consistent, transparent,
and efficient regulatory pathways; and assure consumer

confidence in medical devices marketed in the United States and
throughout the world. This program is a collaborative effort to enhance
communication and facilitate the premarket review process. Furthermore,
CDRH is committed to understanding current industry practices,
innovative technologies, and regulatory impacts and needs.
    These formal training visits are not a mechanism for FDA to
inspect, assess, judge, or perform a regulatory function (i.e.,
compliance inspection), but rather, are an opportunity to provide the
CDRH review staff a better understanding of the products they review.
Through this notice, CDRH is formally requesting participation from
companies, academia, and clinical facilities. This request includes
those that have previously participated in the ELP or other FDA Site
Visit programs, as well as new interested parties.

II. ELP

A. Experiential Learning Program

    In this program, groups of CDRH staff will observe operations of
medical device establishments, including, research, manufacturing,
academia, and health care facilities. The areas of focus and specific
areas of interest for visits may include the following:

         Table 1--Areas of Interest--Medical Devices/Technology
------------------------------------------------------------------------
              Focus area                   Specific areas of interest
------------------------------------------------------------------------
Performance validation and             Ventilators, continuous positive
 reliability testing of intensive       airway pressure devices,
 care unit ventilator and anesthesia    anesthesia gas machines, and
 gas machines.                          closed-loop ventilators.
Implantation techniques for spinal     Implantation training and
 devices.                               assessment using cadavers and
                                        direct observation of surgical
                                        procedures for spinal implants
                                        including, but not limited to,
                                        lateral intervertebral body
                                        fusion devices, minimally
                                        invasive pedicle screw systems,
                                        and spinous process plates.
Manufacturing of ultra-high molecular  All joint replacement devices.
 weight polyethylene device
 components.
Clinical use of orthopedic bone void   Observation of surgical
 filler devices.                        procedures (posterolateral spine
                                        fusion, foot, ankle) utilizing
                                        bone void fillers.
Reprocessing methods and techniques    Cleaning and sterilization
 in the clinical environment.           methods and techniques for
                                        endoscopes (including
                                        colonoscopes, duodenoscopes,
                                        cystoscopes, etc.) and
                                        accessories; automatic endoscope
                                        reprocessors.
Bariatric surgery....................  Observation of bariatric surgical
                                        techniques, with and without
                                        bariatric devices.
Manufacturing and assessment of        Hemodialyzers, hemofilters,
 hemodialyzers and filters.             hemoconcentrators, ultrafilters,
                                        and plasma filters.
Sourcing and manufacturing of animal-  Surgical meshes, wound dressings.
 derived collagen.
Traumatic wound care, management, and  Observation of clinical uses of
 treatment.                             wound management/treatment
                                        devices and hemostatic products
                                        for use on traumatic injuries.
Clinical use of plastic and            Observation of surgical
 reconstructive devices.                procedures utilizing surgical
                                        meshes, dermal fillers,
                                        hemostatic agents, and bone
                                        waxes.
Treatment of acute ischemic stroke...  Clot retrieval procedures, clot
                                        retrieval devices and ancillary
                                        products (medications,
                                        angiograms), stroke centers, and
                                        acute stroke care programs.
Clinical use of neurosurgical          Neuro-evoked response devices
 monitoring devices.                    that are used for real-time
                                        monitoring of patients
                                        undergoing a back procedure.
Clinical use of rehabilitation         Clinical use of physical medicine
 devices.                               devices (prostheses, pressure-
                                        relieving seat cushions, tilt-in-
                                        space wheelchairs, and devices
                                        for pain relief) in a
                                        rehabilitation center setting
                                        for treatment of various
                                        conditions (e.g., spinal cord
                                        injuries, traumatic brain
                                        injuries, and amputations).
Clinical use of cardiovascular         Endovascular stent grafts and
 devices.                               associated delivery systems;
                                        Stents and associated delivery
                                        systems.
Manufacturing of cardiovascular        Drug coated devices (e.g., stents
 devices.                               and balloons), endovascular
                                        stent grafts and associated
                                        delivery systems, stents and
                                        associated delivery systems,
                                        percutaneous heart valves.
Animal testing for chronic care        Observation of surgical
 cardiovascular devices.                procedures and chronic care
                                        maintenance in animal models
                                        using chronic care
                                        cardiovascular devices, such as
                                        heart valves and ventricular
                                        assist devices.
Manufacturing of contact lenses and    All contact lenses and care
 care products.                         products.
Treatment of severe hearing loss.....  Surgical implantation of cochlear
                                        implants, electro-acoustic
                                        stimulation using hybrid
                                        cochlear implants, preservation
                                        of residual hearing,
                                        postoperative evaluation of
                                        residual hearing and implant
                                        performance.
Auditory brainstem implants (ABIs)...  Observation of ABI surgical
                                        procedures.
Management of clinical trials for      Understanding clinical trial
 medical devices.                       infrastructure, roles/
                                        responsibilities of your
                                        organization, and relationships
                                        with other organizations
                                        involved in the management and
                                        conduct of clinical trials;
                                        institutional review boards;
                                        clinical research organizations.
------------------------------------------------------------------------

   Table 2--Areas of Interest--In Vitro Diagnostic Devices/Technology
------------------------------------------------------------------------
              Focus area                   Specific areas of interest
------------------------------------------------------------------------
Manufacturing and development of       Molecular diagnostics devices,
 molecular/immunology devices.          and companion diagnostics
                                        devices.
Manufacturing, development, and        Semiautomated cytology screening
 assessment of cytology/pathology       devices; cytology collection
 devices.                               devices use in human
                                        papillomavirus tests;
                                        immunohistochemistry tests
                                        development in clinical trials.
Manufacturing of microbiology devices  Antimicrobial susceptibility
                                        devices.

Manufacturing of chemistry devices...  Clinical Laboratory Improvement
                                        Amendments (CLIA) waived
                                        devices, blood collection tubes,
                                        fecal occult blood devices.
Manufacturing and development of       Hematology analyzers (specific
 hematology devices.                    interest in new technology).
Manufacturing and development of       Coagulation assays and controls,
 coagulation devices.                   platelet aggregatometers
                                        devices, prothrombin time/
                                        international normalized ratio
                                        meters and assays, D-Dimer
                                        analyzers and assays.
Observation of clinical testing in a   Observation of testing in a
 CLIA high complexity laboratory.       clinical testing environment.
------------------------------------------------------------------------

B. Site Selection

    CDRH will be responsible for all travel expenses associated with
the site visits. Therefore, selection of potential facilities will be
based on the coordination of CDRH's priorities for staff training and
the resources available for this program. In addition to logistical and
other resource factors, all sites must have a successful compliance
record with FDA or another Agency with which FDA has a memorandum of
understanding. If a site visit involves a visit to a separate physical
location of another firm under contract to the applicant, that firm
must agree to participate in the program and must also have a
satisfactory compliance history.

III. Request for Participation

    Identify requests for participation with the docket number found in
the brackets in the heading of this document. Received requests are
available for public examination in the Division of Dockets Management
(see ADDRESSES) between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: March 28, 2013.
Peter Lurie,
Acting Associate Commissioner for Policy and Planning.
[FR Doc. 2013-07593 Filed 4-1-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68433]
[DOCID:fr10no05-105]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-77-000]

Wyoming Interstate Company, Ltd.; Notice of Proposed Changes in
FERC Gas Tariff

November 4, 2005.
    Take notice that on October 31, 2005, Wyoming Interstate Company,
Ltd. (WIC) tendered for filing as part of its FERC Gas Tariff, Second
Revised Volume No 2, Fifteenth Revised Sheet No. 4B, to become
effective December 1, 2005.
    WIC states that the tendered tariff sheet revises the FL&U
reimbursement percentages applicable to transportation service on WIC's
system.
    WIC states that copies of its filing have been sent to all firm
customers, interruptible customers, and affected 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
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 online 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6237 Filed 11-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Notices]
[Pages 60053-60054]
[FR Doc No: 2017-27123]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0028]

MET Laboratories, Inc.: Applications for Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the applications of MET
Laboratories, Inc. (MET) for expansion of its recognition as a
Nationally Recognized Testing Laboratory (NRTL) and presents the
Agency's preliminary finding to grant the applications.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before January 2, 2018.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2006-0028, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW, Room N-3655,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 10:00 a.m.-3:00 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2006-0028). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the website. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of
the comment period on or before January 2, 2018 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor; phone:<PHONE_NUMBER>;
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; phone:
(202) 693-2110; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that MET Laboratories, Inc. MET, is
applying for expansion of its current recognition as a NRTL. MET
requests the addition of four test standards to its NRTL scope of
recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The Agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding. In the second notice,
the Agency provides its final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including MET, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    MET currently has one facility (site) recognized by OSHA for
product testing and certification, with its headquarters location: MET
Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, Maryland
21230. A complete list of MET's scope of recognition is available at
https://www.osha.gov/dts/otpca/nrtl/met.html.

II. General Background on the Application

    MET submitted four applications, one dated July 7, 2015 (OSHA-2006-
0028-0037), two dated December 14, 2016 (OSHA-2006-0028-0038 and OSHA-
2006-0028-0039), and a fourth dated January 11, 2017 (OSHA-2006-0028-
0040), to expand its recognition to include four additional test
standards. OSHA staff performed a detailed analysis of the application
packets and reviewed other pertinent information. OSHA did not perform
any on-site reviews in relation to these applications.
    Table 1 below lists the appropriate test standards found in MET's
applications for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     MET's NRTL Scope of Recognition
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 50E................................  Enclosures for Electrical
                                         Equipment, Environmental
                                         Considerations.
UL 60079-1............................  Standard for Explosive
                                         Atmospheres--Part 1: Equipment
                                         Protection by Flameproof
                                         Enclosures ``d''.
UL 60335-2-40.........................  Household and Similar Electrical
                                         Appliances--Safety--Part 2-40:
                                         Particular Requirements for
                                         Electrical Heat Pumps, Air
                                         Conditioners and Dehumidifiers.
UL 61800-5-1..........................  Standard for Adjustable Speed
                                         Electrical Power Drive Systems--
                                         Part 5-1: Safety Requirements--
                                         Electrical, Thermal and Energy.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    MET submitted acceptable applications for expansion of its scope of
recognition. OSHA's review of the application file, and pertinent
information, indicate that MET can meet the requirements prescribed by
29 CFR 1910.7 for expanding its recognition to include the addition of
these four test standards for NRTL testing and certification listed
above. This preliminary finding does not constitute an interim or
temporary approval of MET's applications.
    OSHA welcomes public comment as to whether MET meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, Room N-3655, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2006-0028.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will recommend to the Assistant Secretary for Occupational
Safety and Health whether to grant MET's applications for expansion of
its scope of recognition. The Assistant Secretary will make the final
decision on granting the application. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the
Federal Register.

IV. Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on December 11, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-27123 Filed 12-15-17; 8:45 am]
 BILLING CODE 4510-26-P