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SBA RIN: 3245-AF56 Publication ID: Fall 2008 
Title: Energy Saving Qualified Investment and Conflict of Interest  
Abstract: This rule would implement regulations for the issuance of Energy Saving Debentures by small business investment companies. Section 1205 of Public Law 110-140 authorizes a small business investment company licensed in the first fiscal year after the date of enactment of section 1205 or any fiscal year thereafter to issue Energy Saving Debentures. Energy Saving Debentures are restricted to Energy Saving qualified investments and this rule would clarify the criteria for Energy Saving qualified investments. This rule would also clarify the circumstances under which a small business investment company must obtain a conflict of interest exemption for a co-investment with an affiliate. In the current regulations, investment by an SBIC in a company in which the affiliate has a pre-existing 10 percent or greater ownership interest is addressed in two overlapping provisions, one requiring a conflict of interest exemption and the other requiring SBA’s prior written approval (a lower level of regulatory approval than a conflict of interest exemption). The proposed rule would eliminate the overlap and clarify the specific types of transactions that fall under each provision. 
Agency: Small Business Administration(SBA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 13 CFR 107   
Legal Authority: 15 USC 662    15 USC 681 et seq    15 USC 683    15 USC 687   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Direct Final Rule  11/00/2008    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Harry Haskins
Deputy Associate Administrator, Investment Division
Small Business Administration
409 3rd Street SW,
Washington, DC 20416
Phone:202 205-6694
Email: harry.haskins@sba.gov