[Federal Register: May 30, 2008 (Volume 73, Number 105)]
[Notices]
[Page 31157-31162]
[DOCID:fr30my08-91]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28286; 813-00369]

American International Group, Inc., et al.; Notice of Application

May 23, 2008.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order under sections 6(b) and 6(e)
of the Investment Company Act of 1940 (the ``Act'') granting an
exemption from all provisions of the Act, except section 9 and sections
36 through 53 and the rules and regulations under the Act. With respect
to sections 17 and 30 of the Act, and the rules and regulations
thereunder, and rule 38a-1 under the Act, the exemption is limited as
set forth in the application.

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Summary of Application:  Applicants request an order to exempt certain
limited partnerships and other entities (``Partnerships'') formed for
the benefit of eligible employees of American International Group, Inc.
(``AIG'') and its affiliates from certain provisions of the Act. Each
Partnership will be an ``employees' securities company'' within the
meaning of section 2(a)(13) of the Act.

Applicants:  AIG Employee Hedge Fund, L.P. (the ``Employee Hedge
Fund''), AIG Employee PE/RE Fund 2007, L.P. (together with the Employee
Hedge Fund, the ``Initial Partnerships''), AIG Non-U.S. Employee PE/RE
Feeder Fund 2007, L.P. (the ``PE/RE Feeder''), AIG Non-U.S. Employee
Hedge Feeder, L.P. (together with the PE/RE Feeder, the ``Cayman
Partnerships''), AIG, AIG Employee Alternative Investment GP II, LLC,
AIG Non-U.S. Employee Feeder GP II, LLC, and AIG Global Investment
Corp.

Filing Dates:  The application was filed on September 25, 2007 and
amended on December 26, 2007, and May 8, 2008.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on June 17, 2008, and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, the reason for the request, and the issues contested. Persons
who wish to be notified of a hearing may request notification by
writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants, 70 Pine Street, New
York, NY 10270.

FOR FURTHER INFORMATION CONTACT: Christine Y. Greenlees, Senior
Counsel, at<PHONE_NUMBER>, or Julia Kim Gilmer, Branch Chief, at (202)
551-6821 (Division of Investment Management, Office of Investment
Company Regulation).

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

Applicants' Representations

    1. AIG, a Delaware corporation, is a holding company which, through
its subsidiaries, is engaged in a broad range of insurance and
insurance-related activities worldwide. AIG's primary activities
include both general insurance and life insurance and retirement
services operations. Other significant activities include financial
services and asset management. AIG and its ``affiliates,'' as defined
in rule 12b-2 under the Securities Exchange Act of 1934 (the ``1934
Act''), are referred to collectively as ``AIG entities.''
    2. Each Initial Partnership is a limited partnership organized
under the laws of the state of Delaware and each Cayman Partnership is
an exempted limited partnership organized under the laws of the Cayman
Islands. AIG Employee Alternative Investment GP II, LLC will serve as
the general partner of each Initial Partnership and AIG Non-U.S.
Employee Feeder GP II, LLC will serve as the general partner of each
Cayman Partnership. AIG Global Investment Corp., which is registered as
an investment adviser under the Investment Advisers Act of 1940 (the
``Advisers Act''), will be the investment adviser to the Initial
Partnerships and the Cayman Partnerships. A General Partner (as defined
below) or another AIG entity will serve as investment adviser to a
Partnership (the ``Investment Adviser''). The Investment Adviser will
be registered as an investment adviser under the Advisers Act if
required under applicable law. AIG entities may form additional
Partnerships from time to time to enable Eligible Employees (as defined
below) to pool their investment resources to achieve diversification of
investments and participation in investments that usually would not be
available to them as individual investors.
    3. A Partnership will be structured as a limited partnership,
limited liability company, business trust or other entity. Interests in
a Partnership (``Interests'') may be issued in one or more series, each
of which corresponds to particular Partnership investments (each, a
``Series''). Each Series will be an ``employees' securities company''
within the meaning of section 2(a)(13) of the Act. Each Partnership
will operate as either a closed-end or open-end management investment
company, and may operate as a diversified or non-diversified vehicle.
    4. Each Partnership will have a general partner, managing member or
other similar entity that is an AIG entity (a ``General Partner''). All
potential investors in a Partnership will be ``Limited Partners.'' The
General Partner will manage, operate, and control each Partnership and
will have the authority to make all decisions regarding the
acquisition, management and disposition of Partnership investments. The
General Partner may be permitted to delegate certain of its
responsibilities regarding the acquisition, management and disposition
of Partnership investments to an Investment Adviser.
    5. If the Investment Adviser elects to recommend that a Partnership
enter into any side-by-side investment with an unaffiliated entity, the
Investment Adviser will be permitted to engage as sub-investment
adviser an unaffiliated entity (an ``Unaffiliated Subadviser''), which
will be responsible for the management of such side-by-side investment.
An Investment Adviser may be paid a management fee, which will

generally be determined as a percentage of the capital commitments of
the Limited Partners. A General Partner or Investment Adviser may
receive a performance-based fee (a ``Carried Interest'') based on the
net gains of the Partnership's investments in addition to any amount
allocable to the General Partner's or Investment Adviser's capital
contribution.\1\
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    \1\ If a General Partner or Investment Adviser is registered
under the Advisers Act, the Carried Interest payable to it by a
Partnership will be pursuant to an arrangement that complies with
rule 205-3 under the Advisers Act. If the General Partner or
Investment Adviser is not required to register under the Advisers
Act, the Carried Interest payable to it will comply with section
205(b)(3) of the Advisers Act, with the Partnership treated as a
business development company solely for the purpose of that section.
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    6. Interests in a Partnership will be offered without registration
in reliance on section 4(2) of the Securities Act of 1933 (the
``Securities Act''), or Regulation D or Regulation S under the
Securities Act, and will be sold only to ``Qualified Participants'' (as
defined below). Prior to offering Interests to an Eligible Employee or
Eligible Family Member (in each case as defined below), a General
Partner must reasonably believe that the Eligible Employee or Eligible
Family Member will be capable of understanding and evaluating the
merits and risks of participation in a Partnership and that each such
individual is able to bear the economic risk of such participation and
afford a complete loss of his or her investment.
    7. ``Qualified Participants'' are (a) current or former employees,
including employee officers and directors (except directors of AIG) and
current persons on retainer, including, but not limited to, Consultants
\2\ (collectively, ``Eligible Employees''), (b) spouses, parents,
children, spouses of children, brothers, sisters and grandchildren of
Eligible Employees (``Eligible Family Members'' and, together with
Eligible Employees who are natural persons, ``Eligible Individuals''),
(c) trusts or other investment vehicles established solely for the
benefit of Eligible Employees or Eligible Family Members (``Eligible
Investment Vehicles''), and (d) AIG entities. Each Eligible Individual
will be an ``accredited investor'' under rule 501(a)(5) or rule
501(a)(6) of Regulation D (``Accredited Investor''), except that a
maximum of 35 Eligible Employees who are sophisticated investors but
who are not Accredited Investors may become Limited Partners if each of
them falls into one of the following two categories: (A) Eligible
Employees who (i) have a graduate degree in business, law or
accounting, (ii) have a minimum of five years of consulting, investment
management, investment banking, legal or similar business experience,
and (iii) had reportable income from all sources (including any profit
shares or bonus) of $100,000 in each of the two years immediately
preceding the Eligible Employee's admission as a Limited Partner and
have a reasonable expectation of income from all sources of at least
$140,000 in each year in which the Eligible Employee will be committed
to make investments in a Partnership; or (B) Eligible Employees who are
``knowledgeable employees,'' as defined in rule 3c-5 of the Act, of the
Partnership (with the Partnership treated as though it were a ``covered
company'' for purposes of the rule). An Eligible Employee who is
described in category (A) above will not be permitted to invest in any
year more than 10% of his or her income from all sources for the
immediately preceding year in the aggregate in a Partnership and in all
other Partnerships in which that investor has previously invested.
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    \2\ A ``Consultant'' is a person or entity whom AIG has engaged
on retainer to provide services and professional expertise on an
ongoing basis as a regular consultant or as a business or legal
adviser and who shares a community of interest with AIG and its
employees.
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    8. An Eligible Individual may purchase an Interest through an
Eligible Investment Vehicle only if either (i) the investment vehicle
is an ``accredited investor,'' as defined in rule 501(a) of Regulation
D under the 1933 Act, or (ii) the Eligible Individual or Consultant
entity is the settlor \3\ and principal investment decision-maker with
respect to the investment vehicle. Eligible Investment Vehicles that
are not accredited investors will be included in the 35 non-accredited
investor limit discussed above. An AIG entity or a Consultant entity
will be an ``accredited investor'' as defined in rule 501(a) of
Regulation D under the 1933 Act.
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    \3\ If such investment vehicle is an entity other than a trust,
the term ``settlor'' will be read to mean a person who created such
vehicle, alone or together with others, and contributed funds to
such vehicle.
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    9. The terms of a Partnership will be disclosed to the Eligible
Employees at the time they are offered the right to subscribe for
Interests, and they will be furnished with a copy of the partnership
agreement. A Partnership will send its Limited Partners an audited
financial statement as soon as practicable after the end of its fiscal
year. In addition, as soon as practicable after the end of each fiscal
year of a Partnership, a report will be sent to each Limited Partner
setting forth the information with respect to his or her share of
income, gains, losses, credits, and other items for federal and state
income tax purposes.
    10. Interests in the Partnerships will not be transferable except
with the express consent of the General Partner. All of the
Partnerships will have only Qualified Participants as Limited Partners.
No sales load will be charged in connection with the sale of Interests.
    11. The General Partner (or an AIG entity) will have the right to
purchase or redeem the Interest of an Eligible Employee who is
terminated for cause or solicits employees or clients of AIG during
that Eligible Employee's relationship with AIG or within six months
after such relationship terminates, at a price equaling the lesser of
(a) cost plus interest less distributions, or (b) fair market value or
net asset value, as applicable.
    12. A Partnership may make investments side-by-side with AIG
entities and through investment pools sponsored by or managed by an AIG
entity or an unaffiliated entity. A Partnership may also co-invest
directly in a company with an AIG entity or an investment fund or
separate account organized for the benefit of investors who are not
affiliated with an AIG entity over which an AIG entity exercises
investment discretion (``Third Party Funds'').
    13. If any AIG entity makes loans to any Partnership, it will be
entitled to receive interest at a rate no less favorable to the
Partnership than the rate that could be obtained on an arm's length
basis. A Partnership will not borrow from any person if the borrowing
would cause any person not named in section 2(a)(13) of the Act to own
securities of the Partnership (other than short-term paper). Any
indebtedness of a Partnership will be non-recourse to the Limited
Partners of the Partnership.
    14. A Partnership will not acquire any security issued by a
registered investment company if, immediately after the acquisition,
the Partnership will own, in the aggregate, more than 3% of the
outstanding voting stock of the registered investment company.

Applicants' Legal Analysis

    1. Section 6(b) of the Act provides, in part, that the Commission
will exempt employees' securities companies from the provisions of the
Act to the extent that the exemption is consistent with the protection
of investors. Section 6(b) provides that the Commission will consider,
in determining the provisions of the Act from which the company should
be exempt, the company's form of organization and capital structure,
the persons owning and controlling its securities, the price of the
company's securities and the amount of any sales

load, how the company's funds are invested, and the relationship
between the company and the issuers of the securities in which it
invests. Section 2(a)(13) defines an employees' securities company, in
relevant part, as any investment company all of whose securities (other
than short-term paper) are beneficially owned (a) by current or former
employees, or persons on retainer, of one or more affiliated employers,
(b) by immediate family members of such persons, or (c) by such
employer or employers together with any of the persons in (a) or (b).
    2. Section 7 of the Act generally prohibits investment companies
that are not registered under section 8 of the Act from selling or
redeeming their securities. Section 6(e) of the Act provides that, in
connection with any order exempting an investment company from any
provision of section 7, certain provisions of the Act, as specified by
the Commission, will be applicable to the company and other persons
dealing with the company as though the company were registered under
the Act. Applicants request an order under sections 6(b) and 6(e) of
the Act exempting the Partnerships from all provisions of the Act,
except section 9 and sections 36 through 53 of the Act, and the rules
and regulations under the Act. With respect to sections 17 and 30 of
the Act, and the rules and regulations thereunder, and rule 38a-1 under
the Act, the exemption is limited as set forth in the application.
    3. Section 17(a) generally prohibits any affiliated person of a
registered investment company, or any affiliated person of an
affiliated person, acting as principal, from knowingly selling or
purchasing any security or other property to or from the company.
Applicants request an exemption from section 17(a) to permit: (a) An
AIG entity or a Third Party Fund (or any affiliated person of a Third
Party Fund), acting as principal, to engage in any transaction directly
or indirectly with any Partnership or any company controlled by the
Partnership; (b) a Partnership to invest in or engage in any
transaction with any entity, acting as principal, (i) in which the
Partnership, any company controlled by the Partnership, or any AIG
entity or Third Party Fund has invested or will invest, or (ii) with
which the Partnership, any company controlled by the Partnership, or
any AIG entity or Third Party Fund is or will otherwise become
affiliated; and (c) a Third Party Investor, acting as principal, to
engage in any transaction directly or indirectly with any Partnership
or any company controlled by the Partnership. The term ``Third Party
Investor'' refers to any person or entity that is not an AIG entity or
affiliated with AIG and is a partner or other investor in a Third Party
Fund.
    4. Applicants submit that an exemption from section 17(a) is
consistent with the purposes of the Partnerships and the protection of
investors. Applicants state that the Limited Partners will be informed
of the possible extent of the Partnership's dealings with AIG entities
and of the potential conflicts of interest that may exist. Applicants
also state that, as professionals engaged in insurance and/or financial
services businesses, the Limited Partners will be able to evaluate the
risks of such dealings. Applicants assert that the community of
interest among the Limited Partners and AIG entities will serve to
reduce the risk of abuse. Applicants represent that the requested
relief will not extend to any transactions between a Partnership and an
Unaffiliated Subadviser or an affiliated person of an Unaffiliated
Subadviser, or between a Partnership and any person who is not an
employee, officer or director of an AIG entity or is not an AIG entity
and is an affiliated person of the Partnership as defined in section
2(a)(3)(E) of the Act (``Advisory Person'') or any affiliated person of
such a person.
    5. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
any affiliated person of a registered investment company, or any
affiliated person of such person, acting as principal, from
participating in any joint arrangement with the company unless
authorized by the Commission. Applicants request relief to permit
affiliated persons of each Partnership, or affiliated persons of any of
these persons, to participate in, or effect any transaction in
connection with, any joint arrangement in which the Partnership or a
company controlled by the Partnership is a participant. Applicants
acknowledge that the requested relief will not extend to any
transaction in which an Unaffiliated Subadviser or an Advisory Person,
or an affiliated person of either such person, has an interest.
    6. Applicants assert that compliance with section 17(d) would cause
the Partnership to forego attractive investment opportunities simply
because a Limited Partner, the General Partner or any other affiliated
person of the Partnership (or any affiliate of the affiliated person)
made a similar investment. Applicants also submit that the types of
investment opportunities considered by a Partnership often require each
investor to make funds available in an amount that may be substantially
greater than what a Partnership may be able to make available on its
own. Applicants contend that, as a result, the only way in which a
Partnership may be able to participate in these opportunities may be to
co-invest with other persons, including its affiliates. Applicants
assert that the flexibility to structure co-investments and joint
investments will not involve abuses of the type section 17(d) and rule
17d-1 were designed to prevent.
    7. Co-investments with Third Party Funds, or by an AIG entity
pursuant to a contractual obligation to a Third Party Fund, will not be
subject to condition 3 below. Applicants note that it is common for a
Third Party Fund to require that an AIG entity invest its own capital
in Third Party Fund investments, and that investments by an AIG entity
be subject to substantially the same terms as those applicable to the
Third Party Fund. Applicants believe it is important that the interests
of the Third Party Fund take priority over the interests of the
Partnerships, and that the Third Party Fund not be burdened or
otherwise affected by activities of the Partnerships. In addition,
applicants assert that the relationship of a Partnership to a Third
Party Fund is fundamentally different from a Partnership's relationship
to AIG entities. Applicants contend that the focus of, and the
rationale for, the protections contained in the requested relief are to
protect the Partnerships from any overreaching by any AIG entity in the
employer/employee context, whereas the same concerns are not present
with respect to the Partnerships and a Third Party Fund.
    8. Section 17(e) of the Act and rule 17e-1 under the Act limit the
compensation an affiliated person may receive when acting as agent or
broker for a registered investment company. Applicants request an
exemption from section 17(e) to permit an AIG entity (including the
General Partner) that acts as an agent or broker to receive placement
fees, advisory fees, or other compensation from a Partnership in
connection with the purchase or sale by the Partnership of securities,
provided that the fees or other compensation are deemed ``usual and
customary.'' Applicants state that for purposes of the application,
fees or other compensation that are charged or received by an AIG
entity will be deemed ``usual and customary'' only if (a) the
Partnership is purchasing or selling securities with other unaffiliated
third parties, including Third Party Funds, (b) the fees or
compensation being charged to the Partnership are also being charged to

the unaffiliated third parties, including Third Party Funds, and (c)
the amount of securities being purchased or sold by the Partnership
does not exceed 50% of the total amount of securities being purchased
or sold by the Partnership and the unaffiliated third parties,
including Third Party Funds. Applicants assert that, because AIG does
not wish to appear to be favoring the Partnerships, compliance with
section 17(e) would prevent a Partnership from participating in
transactions where the Partnership is being charged lower fees than
unaffiliated third parties. Applicants assert that the fees or other
compensation paid by a Partnership to an AIG entity will be the same as
those negotiated at arm's length with unaffiliated third parties.
    9. Rule 17e-1(b) under the Act requires that a majority of
directors who are not ``interested persons'' (as defined in section
2(a)(19) of the Act) take actions and make approvals regarding
commissions, fees, or other remuneration. Rule 17e-1(c) under the Act
requires each Partnership to comply with the fund governance standards
defined in rule 0-1(a)(7) under the Act (the ``Fund Governance
Standards''). Applicants request an exemption from rule 17e-1 to the
extent necessary to permit each Partnership to comply with the rule
without having a majority of the directors of the General Partner who
are not interested persons take actions and make determinations as set
forth in paragraph (b) of the rule, and without having to satisfy the
Fund Governance Standards as required by paragraph (c) of the rule.
Applicants state that because all the directors of the General Partner
will be affiliated persons, without the relief requested, a Partnership
could not comply with rule 17e-1. Applicants state that each
Partnership will comply with rule 17e-1 by having a majority of the
directors of the General Partner take actions and make approvals as set
forth in the rule. Applicants state that each Partnership will
otherwise comply with rule 17e-1.
    10. Section 17(f) of the Act designates the entities that may act
as investment company custodians, and rule 17f-1 under the Act imposes
certain requirements when the custodian is a member of a national
securities exchange. Applicants request an exemption from section 17(f)
and rule 17f-1 to permit an AIG entity to act as custodian of
Partnership assets without a written contract. Applicants also request
an exemption from the rule 17f-1(b)(4) requirement that an independent
accountant periodically verify the assets held by the custodian.
Applicants state that, because of the community of interest between AIG
and the Partnerships and the existing requirement for an independent
audit, compliance with this requirement would be unnecessary.
Applicants will comply with all other requirements of rule 17f-1.
    11. Applicants also request an exemption from rule 17f-2 to permit
the following exceptions from the requirements of rule 17f-2: (a) A
Partnership's investments may be kept in the locked files of the
General Partner; (b) for purposes of paragraph (d) of the rule, (i)
employees of the General Partner (or an AIG entity) will be deemed to
be employees of the Partnerships, (ii) officers or managers of the
General Partner of a Partnership (or an AIG entity) will be deemed to
be officers of the Partnership and (iii) the General Partner of a
Partnership or its board of directors will be deemed to be the board of
directors of a Partnership and (c) in place of the verification
procedure under paragraph (f) of the rule, verification will be
effected quarterly by two employees of the General Partner (or an AIG
entity). Applicants expect that with respect to certain Partnerships,
some of their investments may be evidenced only by partnership
agreements, participation agreements or similar documents, rather than
by negotiable certificates that could be misappropriated. Applicants
assert that for such a Partnership, these instruments are most suitably
kept in the files of the General Partner (or an AIG entity), where they
can be referred to as necessary.
    12. Section 17(g) of the Act and rule 17g-1 under the Act generally
require the bonding of officers and employees of a registered
investment company who have access to its securities or funds. Rule
17g-1 requires that a majority of directors who are not interested
persons take certain actions and give certain approvals relating to
fidelity bonding. The rule also requires that the board of directors of
any investment company relying on the rule satisfy the Fund Governance
Standards. Applicants request relief to permit the General Partner's
board of directors, who may be deemed interested persons, to take
actions and make determinations as set forth in the rule. Applicants
state that, because all directors of the General Partner will be
affiliated persons, a Partnership could not comply with rule 17g-1
without the requested relief. Specifically, each Partnership will
comply with rule 17g-1 by having a majority of the General Partner's
directors take actions and make determinations as set forth in rule
17g-1. Applicants also request an exemption from the requirements of
paragraph (g) of rule 17g-1 relating to the filing of copies of
fidelity bonds and related information with the Commission and the
provision of notices to the board of directors, paragraph (h) of rule
17g-1 relating to the appointment of a person to make the filings and
provide the notices required by paragraph (g), and paragraph (j)(3) of
rule 17g-1 relating to compliance with the Fund Governance Standards.
Applicants state that the Partnerships will comply with all other
requirements of rule 17g-1.
    13. Section 17(j) of the Act and paragraph (b) of rule 17j-1 under
the Act make it unlawful for certain enumerated persons to engage in
fraudulent or deceptive practices in connection with the purchase or
sale of a security held or to be acquired by a registered investment
company. Rule 17j-1 also requires that every registered investment
company adopt a written code of ethics and that every access person of
a registered investment company report personal securities
transactions. Applicants request an exemption from the provisions of
rule 17j-1, except for the anti-fraud provisions of paragraph (b),
because they are unnecessarily burdensome as applied to the
Partnerships. The relief requested will only extend to AIG entities and
is not requested with respect to any Unaffiliated Subadviser or
Advisory Person.
    14. Applicants request an exemption from the requirements in
sections 30(a), 30(b), and 30(e) of the Act, and the rules under those
sections, that registered investment companies prepare and file with
the Commission and mail to their shareholders certain periodic reports
and financial statements. Applicants contend that the forms prescribed
by the Commission for periodic reports have little relevance to the
Partnerships and would entail administrative and legal costs that
outweigh any benefit to the Limited Partners. Applicants request
exemptive relief to the extent necessary to permit each Partnership to
report annually to its Limited Partners. Applicants also request an
exemption from section 30(h) of the Act to the extent necessary to
exempt the General Partner of each Partnership, members of the General
Partner or any board of managers or directors or committee of employees
of AIG entities to whom the General Partner may delegate its functions,
and any other persons who may be deemed to be members of an advisory
board of a Partnership, from filing Forms 3, 4, and 5 under section
16(a) of the 1934 Act with respect to their ownership of Interests in
the Partnership. Applicants assert that,

because there will be no trading market and the transfers of Interests
will be severely restricted, these filings are unnecessary for the
protection of investors and burdensome to those required to make them.
    15. Rule 38a-1 requires investment companies to adopt, implement
and periodically review written policies reasonably designed to prevent
violation of the federal securities law and to appoint a chief
compliance officer. Each Partnership will comply with rule 38a-1(a),
(c) and (d), except that (a) because the Partnership does not have a
board of directors, the board of directors of the General Partner will
fulfill the responsibilities assigned to the Partnership's board of
directors under the rule, (b) since the board of directors of the
General Partner does not have any disinterested members, approval by a
majority of the disinterested board members required by rule 38a-1 will
not be obtained, and (c) because the board of directors of the General
Partner does not have any disinterested members, the Partnerships will
comply with the requirement in rule 38a-1(a)(4)(iv) that the chief
compliance officer meet with the independent directors by having the
chief compliance officer meet with the board of directors of the
General Partner as constituted.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Each proposed transaction involving a Partnership otherwise
prohibited by section 17(a) or section 17(d) of the Act and rule 17d-1
under the Act to which a Partnership is a party (the ``Section 17
Transactions'') will be effected only if the General Partner determines
that:
    (a) The terms of the Section 17 Transaction, including the
consideration to be paid or received, are fair and reasonable to the
Limited Partners of the Partnership and do not involve overreaching of
the Partnership or its Limited Partners on the part of any person
concerned; and
    (b) The Section 17 Transaction is consistent with the interests of
the Limited Partners, the Partnership's organizational documents and
the Partnership's reports to its Limited Partners.
    In addition, the General Partner of the Partnership will record and
preserve a description of all Section 17 Transactions, the General
Partner's findings, the information or materials upon which the
findings are based and the basis for the findings. All such records
will be maintained for the life of the Partnership and at least six
years thereafter and will be subject to examination by the Commission
and its staff.\4\
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    \4\ Each Partnership will preserve the accounts, books and other
documents required to be maintained in an easily accessible place
for the first two years.
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    2. The General Partner of each Partnership will adopt, and
periodically review and update, procedures designed to ensure that
reasonable inquiry is made, prior to the consummation of any Section 17
Transaction, with respect to the possible involvement in the
transaction of any affiliated person or promoter of or principal
underwriter for the Partnership or any affiliated person of such
person, promoter or principal underwriter.
    3. The General Partner of each Partnership will not invest the
funds of the Partnership in any investment in which an ``Affiliated Co-
Investor'' (as defined below) has acquired or proposes to acquire the
same class of securities of the same issuer and where the investment
transaction involves a joint enterprise or other joint arrangement
within the meaning of rule 17d-1 in which the Partnership and an
Affiliated Co-Investor are participants, unless any such Affiliated Co-
Investor, prior to disposing of all or part of its investment, (a)
gives the General Partner sufficient, but not less than one day's,
notice of its intent to dispose of its investment; and (b) refrains
from disposing of its investment unless the Partnership has the
opportunity to dispose of the Partnership's investment prior to or
concurrently with, on the same terms as, and pro rata with the
Affiliated Co-Investor. The term ``Affiliated Co-Investor'' with
respect to any Partnership means any person who is: (a) An ``affiliated
person'' (as such term is defined in section 2(a)(3) of the Act) of the
Partnership (other than a Third Party Fund); (b) an AIG entity; (c) an
officer or director of an AIG entity; or (d) an entity (other than a
Third Party Fund) in which an AIG entity acts as a general partner or
has a similar capacity to control the sale or other disposition of the
entity's securities. The restrictions contained in this condition,
however, shall not be deemed to limit or prevent the disposition of an
investment by an Affiliated Co-Investor: (a) To its direct or indirect
wholly-owned subsidiary, to any company (a ``Parent'') of which the
Affiliated Co-Investor is a direct or indirect wholly-owned subsidiary
or to a direct or indirect wholly-owned subsidiary of its Parent; (b)
to immediate family members of the Affiliated Co-Investor or a trust or
other investment vehicle established for any Affiliated Co-Investor or
any such immediate family member; or (c) when the investment is
comprised of securities that are (i) listed on a national securities
exchange registered under section 6 of the 1934 Act, (ii) NMS stocks
pursuant to section 11A(a)(2) of the 1934 Act and rule 600(a) of
Regulation NMS thereunder, (iii) government securities as defined in
section 2(a)(16) of the Act or other securities that meet the
definition of ``Eligible Security'' in rule 2a-7 under the Act, or (iv)
listed or traded on any foreign securities exchange or board of trade
that satisfies regulatory requirements under the law of the
jurisdiction in which such foreign securities exchange or board of
trade is organized similar to those that apply to a national securities
exchange or a national market system for securities.
    4. Each Partnership and its General Partner will maintain and
preserve, for the life of each Series of the Partnership and at least
six years thereafter, such accounts, books and other documents
constituting the record forming the basis for the audited financial
statements that are to be provided to the Limited Partners in the
Partnership, and each annual report of the Partnership required to be
sent to the Limited Partners, and agree that all such records will be
subject to examination by the Commission and its staff.\5\
---------------------------------------------------------------------------

    \5\ Each Partnership will preserve the accounts, books and other
documents required to be maintained in an easily accessible place
for the first two years.
---------------------------------------------------------------------------

    5. The General Partner of each Partnership will send to each
Limited Partner having an interest in the Partnership at any time
during the fiscal year then ended, Partnership financial statements
audited by the Partnership's independent accountants with respect to
those Series in which the Limited Partner had an Interest. At the end
of each fiscal year, the General Partner will make or cause to be made
a valuation of all of the assets of the Partnership as of such fiscal
year end in a manner consistent with customary practice with respect to
the valuation of assets of the kind held by the Partnership. In
addition, as soon as practicable after the end of each fiscal year of
the Partnership, the General Partner will send a report to each person
who was a Limited Partner at any time during the fiscal year then
ended, setting forth such tax information as shall be necessary for the
preparation by the Limited Partner of that partner's federal and state
income tax returns and a report of the

investment activities of the Partnership during that fiscal year.
    6. If a Partnership makes purchases or sales from or to an entity
affiliated with the Partnership by reason of an officer, director or
employee of an AIG entity (a) serving as an officer, director, general
partner or investment adviser of the entity, or (b) having a 5% or more
investment in the entity, such individual will not participate in the
Partnership's determination of whether or not to effect the purchase or
sale.

    For the Commission, by the Division of Investment Management,
under delegated authority.
 Nancy M. Morris,
Secretary.
[FR Doc. E8-12014 Filed 5-29-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18865-18868]
[FR Doc No: 2017-08219]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0257]
RIN 1625-AA00

Safety Zone; Chapel Street Over Mill River Bridge
Rehabilitation--New Haven, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on
Mill River in New Haven, CT around the Chapel Street Bridge. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the Mohawk Northeast,
Inc. Chapel Street Bridge Rehabilitation Project. When enforced, this
regulation prohibits entry of vessels or people into the safety zone
unless authorized by the Captain of the Port Sector Long Island Sound.

DATES: This rule is effective without actual notice from April 24, 2017
through May 26, 2017. For the purposes of enforcement, actual notice
will be used from April 1, 2017, through April 24, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0257 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Katherine Linnick, Prevention Department, U.S.
Coast Guard Sector Long Island Sound, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
CFR Code of Federal Regulations

Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 6, 2017, Sector Long Island Sound was made aware of a
bridge rehabilitation project for the Chapel Street Bridge over the
Mill River in New Haven, CT. The COTP Sector LIS has determined that
the potential hazards associated with the bridge rehabilitation project
will be a safety concern for anyone within the work area.
    The project is scheduled to begin on April 1, 2017 and be completed
by May 26, 2017. During this project, masonry repairs, fender system
repairs, mechanical system replacement, and upgrades to the
superstructure will take place. No vessel or person will be permitted
to enter the safety zone without obtaining permission from the COTP or
a designated representative. The safety zone will be enforced during
two brief periods when work barges will be placed in the navigable
channel during structural steel replacement or when other hazards to
navigation arise. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 24 hours in advance to any period
of enforcement or as soon as practicable in response to an emergency.
If the project is completed prior to May 26, 2017, enforcement of the
safety zone will be suspended and notice given via Broadcast Notice to
Mariners.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. The late finalization of project details did not give the
Coast Guard enough time to publish an NPRM, take public comments, and
issue a final rule before the construction work is set to begin. It
would be impracticable and contrary to the public interest to delay
promulgating this rule as it is necessary to protect the safety of the
public and waterway users.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.

III. Legal Authority and Need for Rule

    The legal basis for this temporary rule is 33 U.S.C. 1231. The COTP
Sector LIS has determined that potential hazards associated with the
bridge rehabilitation project starting on April 1, 2017 and continuing
through May 26, 2017 will be a safety concern for anyone within the
work zone. This rule is needed to protect personnel, vessels, and the
marine environment within the safety zone while the bridge
rehabilitation project is completed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6:00 a.m. on April 1, 2017
through 9:00 p.m. on May 26, 2017. The safety zone will cover all
navigable waters of Mill River in New Haven, CT around the Chapel
Street Bridge: Beginning at a point in position at 41[deg]18'14'' N.,
072[deg]54'21'' W. north of the Chapel Street Bridge; then east across
Mill River to a point in position at 41[deg]18'14'' N., 072[deg]54'18''
W.; then south to a point in position at 41[deg]18'11'' N.,
072[deg]54'18'' W.; then west across Mill River to a point in position
at 41[deg]18'11'' N., 072[deg]54'21'' W.; then north across Chapel
Street Bridge back to point of origin (NAD 83). All positions are
approximate. The duration of the zone is intended to protect people,
vessels, and the marine environment in these navigable waters during
the Mohawk Northeast, Inc. Chapel Street Bridge Rehabilitation Project.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
    The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, publication in the Federal Register, the Local Notice to
Mariners, and Broadcast Notice to Mariners via VHF-FM marine channel 16
in advance of any scheduled enforcement period. The regulatory text we
are enforcing appears at the end of this document.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order. 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget. The Coast Guard has determined that this rulemaking is not a
significant regulatory action for the following reasons: (1) The safety
zone only impacts a small designated area of the Mill River during a
time of year when vessel traffic is normally low, (2) the zone will
only be enforced temporarily when work barges will be placed in the
navigable channel during structural steel replacement or if
necessitated by an emergency, (3) persons or vessels desiring to enter
the safety zone may do so with permission from the COTP Sector LIS or a
designated representative. The Coast Guard will notify the public of
the enforcement of this rule via appropriate means, such as via Local
Notice to Mariners and Broadcast Notice to Mariners.

B. Impact on Small Entities

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

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This temporary rule involves a safety zone enforced from
April 1, 2017 through May 26, 2017 that will prohibit entry within the
work zone during the bridge rehabilitation project. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of
Commandant Instruction M16475.lD. An environmental analysis checklist
and Categorical Exclusion Determination are available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; and Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T01-0257 to read as follows:

Sec.  165.T01-0257  Safety Zone; Chapel Street Over Mill River Bridge
Rehabilitation Project--New Haven, CT.

    (a) Location: The following area is a safety zone: All navigable
waters of Mill River in New Haven, CT around the Chapel Street Bridge:
Beginning at a point in position at 41[deg]18'14'' N., 072[deg]54'21''
W. north of the Chapel Street Bridge; then east across Mill River to a
point in position at 41[deg]18'14'' N., 072[deg]54'18'' W.; then south
to a point in position at 41[deg]18'11'' N., 072[deg]54'18'' W.; then
west across Mill River to a point in position at 41[deg]18'11'' N.,
072[deg]54'21'' W.; then north across Chapel Street Bridge back to
point of origin (NAD 83). All positions are approximate.
    (b) Effective and enforcement period. This rule will be effective
from 6:00 a.m. on April 1, 2017 through 9:00 p.m. on May 26, 2017 but
will only be enforced during structural steel replacement or other
instances which may cause a hazard to navigation, when deemed necessary
by the Captain of the Port (COTP), Sector Long Island Sound.
    (c) Definitions. The following definitions apply to this section: A
``designated representative'' is any Coast Guard commissioned, warrant
or petty officer of the U.S. Coast Guard who has been designated by the
COTP Long Island Sound to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer.
``Official patrol vessels'' may consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the COTP Long Island Sound. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
A ``work vessel'' is any vessel provided by Mohawk Northeast, Inc. for
the Chapel Street Bridge Rehabilitation Project and may be hailed via
VHF channel 13 or 16.
    (d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
    (2) In accordance with the general regulations in 33 CFR 165.23,
entry into or movement within this zone is prohibited unless authorized
by the COTP Long Island Sound.
    (3) Operators of vessels desiring to enter or operate within the
safety zone should contact the COTP Long Island Sound at<PHONE_NUMBER>
(Sector Long Island Sound command center) or the designated
representative on scene via VHF channel 16 to obtain permission to do
so.
    (4) Mariners are requested to cooperate with the Mohawk Northeast,
Inc. project work vessels for the safety

of all concerned. The Mohawk Northeast, Inc. project work vessels will
be monitoring VHF channels 13 and 16.
    (5) Any vessel given permission to enter or operate in the safety
zone must comply with all directions given to them by the COTP Long
Island Sound, or the designated on scene representative.
    (6) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.

    Dated: March 31, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2017-08219 Filed 4-21-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 160 (Friday, August 17, 2012)]
[Rules and Regulations]
[Page 49705]
[FR Doc No: 2012-20177]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0659; Directorate Identifier 2011-SW-061-AD;
Amendment 39-17101; AD 2012-12-21]
RIN 2120-AA64

Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments; correction.

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

SUMMARY: The FAA is correcting an airworthiness directive (AD) that was
published in the Federal Register. That AD applies to Eurocopter
Deutschland GmbH Model MBB-BK 117 C-2 helicopters. A page reference of
the rotorcraft flight manual in the Required Actions section, paragraph
(e)(1)(i), is incorrect. This document corrects that error. In all
other respects, the original document remains the same.

DATES: This correction is effective August 17, 2012. The effective date
for AD 2012-12-21 remains July 10, 2012. The last date for submitting
comments to the final rule; request for comments remains August 24,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, any incorporated-by-reference
service information, the economic evaluation, any comments received,
and other information. The street address for the Docket Operations
Office (phone:<PHONE_NUMBER>) is U.S. Department of Transportation,
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Safety Management Group, 2601
Meacham Blvd., Fort Worth, TX 76137, telephone<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Airworthiness Directive 2012-12-21,
Amendment 39-17101 (77 FR 37777, June 25, 2012), currently includes the
following paragraph (e)(1)(i) in the Required Actions section:
    ``(i) ``Emergency and Malfunction Procedures'': pages 3-3 and 3-4,
and''
    As published, the reference to page 3-4 is incorrect. The correct
reference is to page 3-3a.
    No other part of the preamble or regulatory information has been
changed; therefore, only the changed portion of the final rule is being
published in the Federal Register.

Correction of Regulatory Text

Sec.  39.13  [Corrected]

    In the Federal Register of June 25, 2012, on page 37779 in the
second column, paragraph (e)(1)(i) of AD 2012-12-21 is corrected to
read as follows:
* * * * *
    (i) ``Emergency and Malfunction Procedures'': pages 3-3 and 3-3a,
and
* * * * *

    Issued in Fort Worth, Texas, on August 9, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-20177 Filed 8-16-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57577-57579]
[FR Doc No: 2021-22463]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0578; Project Identifier 2018-SW-084-AD; Amendment
39-21741; AD 2021-20-03]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model AW169 helicopters. This AD was prompted
by reports of in-flight pilot collective stick oscillation. This AD
requires a one-time measurement of the friction of the pilot collective
stick assembly to verify that it is within the allowable range and,
depending on findings, making an adjustment to restore the acceptable
level of friction, as specified in a European Aviation Safety Agency
(now European Union Aviation Safety Agency) (EASA) AD, which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective November 22, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 22,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. You may view this material at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N 321, Fort Worth, TX 76177. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. It is also available
in the AD docket at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0578.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0578; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
EASA AD, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0203, dated September 12, 2018
(EASA AD 2018-0203) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for Leonardo S.p.A., formerly Finmeccanica S.p.A. and AgustaWestland
S.p.A., Model AW169 helicopters, all serial numbers equipped with pilot
collective stick assemblies having part number (P/N) 6F6711A07832 or P/
N 6F6711A07831.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Leonardo S.p.a.
Model AW169 helicopters. The NPRM published in the Federal Register on
July 23, 2021 (86 FR 38950). The NPRM was prompted by reports of in-
flight pilot collective stick oscillation. The NPRM proposed to require
a one-time measurement of the friction of the pilot collective stick
assembly to verify that it is within the allowable range and, depending
on findings, making an adjustment to restore the acceptable level of
friction, as specified in EASA AD 2018-0203.
    The FAA is issuing this AD to address incorrect adjustment of the
pilot collective stick fixed friction. The unsafe condition, if not
addressed, could result in reduced controllability of the helicopter,
and subsequent damage to the helicopter and injury to occupants. See
EASA AD 2018-0203 for additional background information.

Discussion of Final Airworthiness Directive

Comments

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

Conclusion

    The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. Except for minor editorial
changes, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator. Accordingly,
the FAA is issuing this AD to address the unsafe condition on these
products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0203 requires a one-time measurement of the friction
of the

pilot collective stick assembly to verify that it is within the
allowable range specified in the service information (collective up and
collective down directions 9.00/18.00N (Newton) or 2.02/4.05 lbf (pound
force)) and, depending on the findings, accomplishment of the
corrective action. The corrective action is making an adjustment to the
pilot collective stick assembly to restore the acceptable level of
friction. EASA AD 2018-0203 also specifies that after installation of
an affected part, or following maintenance of an affected part that
involves removal from the helicopter and re-installation, before the
next flight after the part installation, the collective fixed friction
must be measured and, depending on the findings, the corrective action
must be accomplished.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 6 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Functional check-friction measurement.  2 work-hours x $85 per                $0            $170          $1,020
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
adjustment that would be required based on the results of the
inspection. The agency has no way of determining the number of
helicopters that might need this adjustment:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Adjustment..................................  2 work-hours x $85 per hour = $170              $0            $170
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-20-03 Leonardo S.p.a.: Amendment 39-21741; Docket No. FAA-2021-
0578; Project Identifier 2018-SW-084-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective November 22,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW169 helicopters,
certificated in any category, with an affected part as identified in
European Aviation Safety Agency (now European Union Aviation Safety
Agency) (EASA) AD 2018-0203, dated September 12, 2018 (EASA AD 2018-
0203) installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Codes: 6700, Rotorcraft
Flight Control; 6710, Main Rotor Control.

(e) Unsafe Condition

    This AD was prompted by reports of in-flight pilot collective
stick oscillation. The FAA is issuing this AD address incorrect
adjustment of the pilot collective stick fixed friction. The unsafe
condition, if not addressed, could result in reduced controllability
of the helicopter, and subsequent damage to the helicopter and
injury to occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0203.

(h) Exceptions to EASA AD 2018-0203

    (1) Where EASA AD 2018-0203 refers to flight hours, this AD
requires using hours time-in-service.
    (2) Where EASA AD 2018-0203 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2018-0203.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2018-0203
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Aviation Safety Agency (EASA) AD 2018-0203, dated
September 12, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0203, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0578.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 15, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-22463 Filed 10-15-21; 8:45 am]
BILLING CODE 4910-13-P


67566 Federal Register / Vol. 67, No. 215 / Wednesday, November 6, 2002 / Rules and Regulations EPA APPROVED IOWA SOURCE   SPECIFIC ORDERS/ PERMITS   Continued Name of source Order/ permit No. State effective date EPA approval date Comments Holnam, Inc ....................... Permits for 17   01   009, Project Nos. 99   511 and 00   468. 7/ 24/ 2001 November 6, 2002, and FR page citation For a list of the 47 permits issued for individual emission points see IDNR letters to Holnam, Inc., dated 7/ 24/ 01. Lehigh Portland Cement Company. A. C. O. 1999   AQ   32 ......... 9/ 2/ 1999 November 6, 2002, and FR page citation For a list of the 41 permits issued for individual emission points see IDNR letters to Lehigh dated 7/ 24/ 01 and 2/ 18/ 02. Lehigh Portland Cement Company. Permits for plant No. 17   01   005, Project Nos. 99   631 and 02   037. 2/ 18/ 2002 November 6, 2002, and FR page citation For a list of the 41 permits issued for individual emission points see IDNR letters to Lehigh dated 7/ 24/ 01 and 2/ 18/ 02.

* * * * * [ FR Doc. 02   27838 Filed 11   5   02; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [ OPP   2002   0224; FRL   7277   9]

Diflubenzuron; Pesticide Tolerances Correction AGENCY: Environmental Protection Agency ( EPA). ACTION: Final rule; correction.

SUMMARY: EPA issued a final rule in the Federal Register of September 19, 2002, establishing tolerances for the insecticide diflubenzuron ( N[[ 4 chlorophenyl) amino] carbonyl] 2,6 difluorobenzamide) and its metabolites, 4 chlorophenylurea ( CPU) and 4 chloroaniline ( PCA) in or on various commodities. This document is being issued to correct inadvertent omissions in that document. DATES: This document is effective on November 6, 2002.

FOR FURTHER INFORMATION CONTACT: Rita Kumar, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   8291; e mail address: kumar. rita@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does This Action Apply to Me?

The Agency included in the final rule a list of those who may be potentially affected by the action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket ID number OPP   2002   0224. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. A frequently updated electronic version of 40 CFR part 180 is available at http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cfr180_ 00. html, a beta site currently under development. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. II. What Does this Correction Do?

In the Federal Register of September 19, 2002 ( 67 FR 59006) ( FRL   7200   4), EPA issued tolerances for the insecticide diflubenzuron ( N[[ 4 chlorophenyl) amino] carbonyl] 2,6 difluorobenzamide) and its metabolites, 4 chlorophenylurea ( CPU) and 4 chloroaniline ( PCA) in or on various commodities. This document is being issued to correct two inadvertent omissions in that document. FR Doc. 02   23818 is corrected as follows: 1. On page 59013, in the middle column, second full paragraph from the top, the fourth sentence should read: `` There are reliable data that indicate there are no residual concerns for pre and/ or post natal toxicity.'' 2. On page 59015, under Unit IV., section B. International Residue Limits should read: `` Codex and Mexican maximum residue limits ( MRLs) are established for residues of diflubenzuron per se in/ on plums ( including prunes) at 1 ppm. Mexican MRLs are established for residues of diflubenzuron per se. Use of diflubenzuron in Canada is limited to mosquito control; therefore, no Canadian MRLs have been established. Based on the current tolerance expression, the Codex and U. S. tolerance definitions are not compatible.''

III. Why Is This Correction Issued as a Final Rule?

Section 553 of the Administrative Procedure Act ( APA), 5 U. S. C. 553( b)( B), provides that, when an Agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a final rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making today's correction final without prior proposal and opportunity for comment, because EPA is merely VerDate 0ct< 31> 2002 15: 46 Nov 05, 2002 Jkt 200001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 06NOR1. SGM 06NOR1 67567 Federal Register / Vol. 67, No. 215 / Wednesday, November 6, 2002 / Rules and Regulations inserting language that was inadvertently omitted from the previously published final rule. EPA finds that this constitutes good cause under 5 U. S. C. 553( b)( B).

IV. Do Any of the Regulatory Assessment Requirements Apply to This Action? This document makes minor corrections to the preamble of the final rule issued on September 19, 2002, and it does not otherwise impose or amend any requirements. As such, the Office of Management and Budget ( OMB) has determined that a technical correction is not a `` significant regulatory action'' subject to review by OMB under Executive Order 12866, entitled Regulatory Planning and Review ( 58 FR 51735, October 4, 1993). Because this rule has been exempted from review under Executive Order 12866 due to its lack of significance, this rule is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use ( 66 FR 28355, May 22, 2001). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act ( PRA), 44 U. S. C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA) ( Public Law 104   4). Nor does it require any special considerations under Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations ( 59 FR 7629, February 16, 1994); or OMB review or any Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks ( 62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( NTTAA), Public Law 104   113, section 12( d) ( 15 U. S. C. 272 note). Since this action does not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act ( RFA) ( 5 U. S. C. 601 et seq.) do not apply. In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism( 64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' `` Policies that have federalism implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408( n)( 4). For these same reasons, the Agency has determined that this rule does not have any `` tribal implications'' as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments ( 65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure `` meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' `` Policies that have tribal implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.'' This rule will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule.

V. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a `` major rule'' as defined by 5 U. S. C. 804( 2).

List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

Dated: October 21, 20002. Debra Edwards, Acting Director, Registration Division, Office of Pesticide Programs.

[ FR Doc. 02   27840 Filed 11   5   02; 8: 45 am]

BILLING CODE 6560   50   S FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [ WC Docket No. 02   269; FCC 02   291]

Federal State Joint Conference on Accounting Issues AGENCY: Federal Communications Commission. ACTION: Final rule.

SUMMARY: In this document the Commission appoints State representatives to the Federal State Joint Conference on Accounting Issues ( Joint Conference). Chairman Michael K. Powell also designates the Honorable Kevin J. Martin as the Chairman of the Joint Conference. The Honorable Michael J. Copps will serve as a participating federal member. The intended effect of this document is to provide a forum for an ongoing dialogue between the Commission and the states in order to ensure that regulatory accounting data and related information filed by carriers are adequate, truthful, and thorough. See 47 U. S. C. 410( b).

FOR FURTHER INFORMATION CONTACT: Joi Roberson Nolen, Wireline Competition Bureau, 202   418   1537.

SUPPLEMENTARY INFORMATION: Pursuant to section 410( b) of the Communications Act of 1934, as amended, 47 U. S. C. 410( b), the Commission appoints the following State representatives to the Joint Conference: the Honorable Nancy Brockway, Commissioner, New Hampshire Public Utilities Commission; the Honorable Terry Deason, Commissioner, Florida Public Service Commission; the Honorable Rebecca A. Klein, Chairman, Texas Public Utility Commission; the Honorable Loretta Lynch, President, California Public Utilities Commission; and the VerDate 0ct< 31> 2002 15: 46 Nov 05, 2002 Jkt 200001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 06NOR1. SGM 06NOR1


region facility species. orig stage year impinged. est entrained. est notes dummy dummy dummy dummy  999  999  999 dummy river ottawa bluegill age01 1975 208 . RM# 35902 Table I 3 river ottawa bluntnose. minnow age01 1975 61 . RM# 35902 Table I 3 river ottawa brook. silverside age01 1975 22 . RM# 35902 Table I 3 river ottawa brown. bullhead age01 1975 1 . RM# 35902 Table I 3 river ottawa channel. catfish age01 1975 3 . RM# 35902 Table I 3 river ottawa fathead. minnow age01 1975 2 . RM# 35902 Table I 3 river ottawa green. sunfish age01 1975 25 . RM# 35902 Table I 3 river ottawa largemouth. bass age01 1975 4 . RM# 35902 Table I 3 river ottawa pumpkinseed age01 1975 7 . RM# 35902 Table I 3 river ottawa rock. bass age01 1975 3 . RM# 35902 Table I 3 river ottawa rosyface. shiner age01 1975 3 . RM# 35902 Table I 3 river ottawa sand. shiner age01 1975 2 . RM# 35902 Table I 3 river ottawa spottail. shiner age01 1975 12 . RM# 35902 Table I 3 river ottawa yellow. bullhead age01 1975 13 . RM# 35902 Table I 3 river ottawa sunfish. hybrid age01 1975 5 . RM# 35902 Table I 3 river ottawa blackside. darter age01 1975 2 . RM# 35902 Table I 3 river ottawa cyprinus. carpio larvae 1975 . 12,333 RM 35902; Table J 2 & annual total from pg 4 river ottawa pimephales. notatus larvae 1975 . 8,506 RM 35902; Table J 2 & annual total from pg 4 river ottawa catostomus. commersolarvae 1975 . 425 RM 35902; Table J 2 & annual total from pg 4 river ottawa ictalurus. melas larvae 1975 . 851 RM 35902; Table J 2 & annual total from pg 4 river ottawa ictalurus. natalis larvae 1975 . 3,828 RM 35902; Table J 2 & annual total from pg 4 river ottawa lepomis. spp larvae 1975 . 1,701 RM 35902; Table J 2 & annual total from pg 4 river ottawa lepomis. cyanellus larvae 1975 . 425 RM 35902; Table J 2 & annual total from pg 4 river ottawa centrarchidae larvae 1975 . 851 RM 35902; Table J 2 & annual total from pg 4 river ottawa centrarchidae larvae 1975 . 1,701 RM 35902; Table J 2 & annual total from pg 4 river ottawa percidae larvae 1975 . 2,552 RM 35902; Table J 2 & annual total from pg 4 river ottawa unknown. fish larvae 1975 . 3,828 RM 35902; Table J 2 & annual total from pg 4 river ottawa unknown. fish egg 1975 . 381 RM 35902; Table J 2 & annual total from pg 4 qc dummy lefer lefer lefer lefer lefer lefer lefer lefer lefer lefer lefer lefer lefer lefer lefer lefer date species imp extrap. factor extrap. imp source qc month Sampling hours/ month Dec 75 spottail. shiner 7 0.580645161 12 RM# 35902 Table I 3 lefer Dec 75 432 Dec 75 bluntnose. minnow 7 0.580645161 12 RM# 35902 Table I 3 lefer Jan 76 650 Dec 75 fathead. minnow 1 0.580645161 2 RM# 35902 Table I 3 lefer Feb 76 330 Dec 75 yellow. bullhead 1 0.580645161 2 RM# 35902 Table I 3 lefer Mar 76 108 Dec 75 brook. silverside 3 0.580645161 5 RM# 35902 Table I 3 lefer Apr 76 445.8 Dec 75 green. sunfish 1 0.580645161 2 RM# 35902 Table I 3 lefer May 76 291 Dec 75 pumpkinseed 4 0.580645161 7 RM# 35902 Table I 3 lefer Dec 75 bluegill 34 0.580645161 59 RM# 35902 Table I 3 lefer Sum of extrap. imp Dec 75 largemouth. bass 1 0.580645161 2 RM# 35902 Table I 3 lefer species Jan 76 rosyface. shiner 3 0.873655914 3 RM# 35902 Table I 3 lefer bluegill Jan 76 sand. shiner 2 0.873655914 2 RM# 35902 Table I 3 lefer bluntnose. minnow Jan 76 bluntnose. minnow 19 0.873655914 22 RM# 35902 Table I 3 lefer brook. silverside Jan 76 yellow. bullhead 2 0.873655914 2 RM# 35902 Table I 3 lefer brown. bullhead Jan 76 brown. bullhead 1 0.873655914 1 RM# 35902 Table I 3 lefer channel. catfish Jan 76 channel. catfish 3 0.873655914 3 RM# 35902 Table I 3 lefer fathead. minnow Jan 76 brook. silverside 2 0.873655914 2 RM# 35902 Table I 3 lefer green. sunfish Jan 76 rock. bass 3 0.873655914 3 RM# 35902 Table I 3 lefer largemouth. bass Jan 76 green. sunfish 5 0.873655914 6 RM# 35902 Table I 3 lefer pumpkinseed Jan 76 bluegill 30 0.873655914 34 RM# 35902 Table I 3 lefer rock. bass Jan 76 sunfish. hybrid 1 0.873655914 1 RM# 35902 Table I 3 lefer rosyface. shiner Feb 76 bluntnose. minnow 10 0.491071429 20 RM# 35902 Table I 3 lefer sand. shiner Feb 76 brook. silverside 4 0.491071429 8 RM# 35902 Table I 3 lefer spottail. shiner Feb 76 green. sunfish 2 0.491071429 4 RM# 35902 Table I 3 lefer yellow. bullhead Feb 76 bluegill 39 0.491071429 79 RM# 35902 Table I 3 lefer ( blank) Feb 76 largemouth. bass 1 0.491071429 2 RM# 35902 Table I 3 lefer sunfish. hybrid Feb 76 sunfish. hybrid 2 0.491071429 4 RM# 35902 Table I 3 lefer blackside. darter Feb 76 blackside. darter 1 0.491071429 2 RM# 35902 Table I 3 lefer Grand Total Mar 76 bluntnose. minnow 1 0.14516129 7 RM# 35902 Table I 3 lefer Mar 76 yellow. bullhead 1 0.14516129 7 RM# 35902 Table I 3 lefer Mar 76 brook. silverside 1 0.14516129 7 RM# 35902 Table I 3 lefer Mar 76 green. sunfish 2 0.14516129 14 RM# 35902 Table I 3 lefer Mar 76 bluegill 5 0.14516129 34 RM# 35902 Table I 3 lefer Apr 76 yellow. bullhead 1 0.619166667 2 RM# 35902 Table I 3 lefer Apr 76 bluegill 1 0.619166667 2 RM# 35902 Table I 3 lefer days/ mo hr/ month extrap. factor source 31 744 0.580645161 RM# 35902 Table I 3 31 744 0.873655914 RM# 35902 Table I 3 28 672 0.491071429 RM# 35902 Table I 3 31 744 0.14516129 RM# 35902 Table I 3 30 720 0.619166667 RM# 35902 Table I 3 31 744 0.391129032 RM# 35902 Table I 3 Total 208.3717174 61.05577312 22.49024087 1.144615385 3.433846154 1.722222222 25.2958042 3.758585859 6.888888889 3.433846154 3.433846154 2.289230769 12.05555556 12.5154159 5.217342657 2.036363636 375.1432949 Number of eggs & larvae entrained x 10 3 species stage 30 Sep 75 15 Oct 75 04 Nov 75 02 Dec 75 11 Dec 75 29 Jan 76 19 Feb 76 18 Mar 76 cyprinus. carpio larvae 0 0 0 0 0 0 0 0 pimephales. notatus larvae 0 0 0 0 0 0 0 0 catostomus. commersoni larvae 0 0 0 0 0 0 0 0 ictalurus. melas larvae 0 0 0 0 0 0 0 0 ictalurus. natalis larvae 0 0 0 0 0 0 0 0 lepomis. spp larvae 0 0 0 0 0 0 0 0 lepomis. cyanellus larvae 0 0 0 0 0 0 0 0 centrarchidae larvae 0 0 0 0 0 0 0 0 centrarchidae larvae 0 0 0 0 0 0 0 0 percidae larvae 0 0 0 0 0 0 0 0 unknown. fish larvae 0 0 0 0 0 0 0 0 unknown. fish eggs 0 0 0 0 0 0 0 0 total larvae 0 0 0 0 0 0 0 0 total eggs 06 Apr 76 4/ 91/ 1976 13 Apr 76 16 Apr 76 21 Apr 76 24 Apr 76 27 Apr 76 30 Apr 76 05 May 76 08 May 76 13 May 76 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 1 18 May 76 22 May 76 25 May 76 28 May 76 02 Jun 76 05 Jun 76 10 Jun 76 15 Jun 76 18 Jun 76 23 Jun 76 26 Jun 76 0 6 0 0 0 0 19 3 0 0 0 0 0 3 2 2 6 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 5 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 3 0 0 0 0 0 0 0 0 0 1 0 0 0 10 6 3 3 2 6 19 11 3 5 2 01 Jul 76 06 Jul 76 09 Jul 76 14 Jul 76 17 Jul 76 22 Jul 76 27 Jul 76 10 Aug 76 23 Aug 76 sum extrap. ent 0 0 0 0 0 0 0 0 0 29 12,333 0 0 0 0 0 1 0 0 0 20 8,506 0 0 0 0 0 0 0 0 0 1 425 2 0 0 0 0 0 0 0 0 2 851 1 0 0 0 0 0 0 0 0 9 3,828 1 0 0 0 0 0 0 2 0 4 1,701 0 0 0 0 0 0 0 1 0 1 425 0 0 0 0 0 0 0 0 0 2 851 0 0 0 0 0 0 0 0 0 4 1,701 0 0 0 0 0 0 0 0 0 6 2,552 0 4 0 0 1 0 0 0 0 9 3,828 0 0 0 0 0 0 0 0 0 1 381 4 4 0 0 1 1 0 3 0 87 37000 1 381 source RM 35902, Table J 2 RM 35902, Table J 2 RM 35902, Table J 2 RM 35902, Table J 2 RM 35902, Table J 2 RM 35902, Table J 2 RM 35902, Table J 2 RM 35902, Table J 2 RM 35902, Table J 2 RM 35902, Table J 2 RM 35902, Table J 2 RM 35902, Table J 2 RM 35902, pg 4 RM 35902, pg 4 Losses data for the Ottawa Street Station ( Michigan). Cooling water source: Grand River Intake 316( b) Phase III A. Gage, 12/ 2/ 2003 Notes:

Impingement annual total is slightly off from the number presented in RM# 35902, pg 3 ( doc. Reports 379 while extrapolation yields 3 Impingement data was extrapolated to an annual estimate using the number of sampling hours per month & the total number of hours Entrainment data was extrapolated to an annual estimate using the totals provided on pg. 4 of RM 35902.

QC Checked imp. Values against source document. Entrainment was not QCd could not locate data in document. Flagged data ( ent) is fo Mlefer, 12/ 9/ 03. s 375) urs per month.

for ericson station, not ottawa.


[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Page 23405]
[FR Doc No: 2021-09157]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4508-DR; Docket ID FEMA-2021-0001]

Montana; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Montana (FEMA-4508-DR), dated March 31, 2020, and
related determinations.

DATES: This amendment was issued March 11, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Montana is hereby amended to include Individual
Assistance limited to COVID-19 Funeral Assistance under Other Needs
Assistance for those areas determined to have been adversely affected
by the event declared a major disaster by the President in his
declaration of March 31, 2020.

    Individual Assistance limited to COVID-19 Funeral Assistance
under Other Needs Assistance for all areas in the State of Montana
(already designated for Individual Assistance, limited to the Crisis
Counseling Program and emergency protective measures [Category B]
not authorized under other Federal statutes, including direct
Federal assistance).

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-09157 Filed 4-30-21; 8:45 am]
BILLING CODE 9111-23-P