[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Pages 65779-65780]
[FR Doc No: 2011-27110]

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 DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Applications for
Modification of Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Modification of Special Permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the applications described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Requests for modification of special
permits (e.g. to provide for additional hazardous materials, packaging
design changes, additional mode of transportation, etc.) are described
in footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before November 8, 2011.
    Address Comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for modification of special
permit is published in accordance with Part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on October 6, 2011.
Donald Burger,
Chief, General Approvals and Permits.

                                          Modification Special Permits
----------------------------------------------------------------------------------------------------------------
                                                               Regulation(s)
  Application No.         Docket No.          Applicant           affected       Name of special permit thereof
----------------------------------------------------------------------------------------------------------------
8495-M.............  ...................  Kidde Aerospace    49 CFR             To modify the special permit to
                                           and Defense        173.304(a)(1);     clarify the pressure at which
                                           Wilson, NC.        178.47; 175.3.     the wall thickness of the
                                                                                pressure vessel is defined and
                                                                                tested.
12930-M............  ...................  Roeder Cartage     49 CFR             To modify the special permit to
                                           Company, Inc.      180.407(c), (e)    add an additional trailer.
                                           Lima, OH.          and (f).

14940-M............  ...................  Crown Aerosol      49 CFR 173.306...  To modify the special permit to
                                           Packaging                             authorize rail freight and
                                           Philadelphia, PA.                     cargo vessel as additional
                                                                                modes of transportation.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-27110 Filed 10-21-11; 8:45 am]
BILLING CODE 4909-60-M


[Federal Register: October 28, 2005 (Volume 70, Number 208)]
[Notices]
[Page 62129]
[DOCID:fr28oc05-55]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1607-DR]

Louisiana; Amendment No. 8 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Louisiana (FEMA-1607-DR), dated September 24, 2005,
and related determinations.

EFFECTIVE DATE: October 14, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal
Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Louisiana is hereby amended to include the following
area among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of September 24, 2005:

    Livingston Parish for Individual Assistance (already designated
for debris removal and emergency protective measures [Categories A
and B] under the Public Assistance program, 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 Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050
Individuals and Households Program--Other Needs, 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department
of Homeland Security.
[FR Doc. 05-21504 Filed 10-27-05; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16843-16846]
[FR Doc No: 2014-06610]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30986; File No. 812-14231]

Virtus Alternative Solutions Trust and Virtus Alternative
Investment Advisers, Inc.; Notice of Application

March 19, 2014.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements.

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SUMMARY: Summary of Application: Applicants request an order that would
permit them to enter into and materially amend subadvisory agreements
with Wholly-Owned Sub-Advisors (as defined below) and non-affiliated
sub-advisors without shareholder approval and would grant relief from
certain disclosure requirements.

Applicants: Virtus Alternative Solutions Trust (``Trust'') and Virtus
Alternative Investment Advisers, Inc. (``Advisor'').

Filing Dates: The application was filed on November 5, 2013, and
amended on February 19, 2014 and March 17, 2014.

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 April 14, 2014, 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, 100 Pearl Street,
Hartford, CT 06103.

FOR FURTHER INFORMATION CONTACT: Courtney S. Thornton, Senior Counsel,
at<PHONE_NUMBER>, or David P. Bartels, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

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

Applicants' Representations

    1. The Trust is organized as a Delaware statutory trust and is
registered under the Act as an open-end management investment company.
The Trust currently comprises three series of shares (each, a
``Series''), each of which has its own investment objectives, policies
and restrictions and may offer one or more classes of shares that are
subject to different expenses. None of the Series have yet commenced
operations.
    2. The Advisor, a corporation organized under the laws of the state
of Connecticut, is registered as an investment adviser under the
Investment Advisers Act of 1940 (``Advisers Act''). The Advisor is a
wholly-owned subsidiary of Virtus Investment Partners, Inc., a publicly
traded multi-manager asset management business.
    3. Applicants request an order to permit the Advisor, subject to
the approval of the Board, including a majority of the members of the
Board who are not ``interested persons,'' as defined in section
2(a)(19) of the Act, of the Series or the Manager (``Independent Board
Members''), to, without obtaining shareholder approval: (i) Select Sub-
Advisors to manage all or a portion of the assets of a Series and enter
into Sub-Advisory Agreements (as defined below) with the Sub-
Advisors,\1\ and (ii) materially amend Sub-Advisory Agreements with the
Sub-Advisors.\2\ Applicants request that the relief apply to the named
applicants, as well as to any future Series and any other existing or
future registered open-end management investment company or series
thereof that is advised by the Advisor or its successors, uses the
multi-manager structure described in the application, and complies with
the terms and conditions of the application (``Subadvised Series'').\3\
The requested relief will not extend to any sub-advisor, other than a
Wholly-Owned Sub-Advisor, who is an affiliated person, as defined in
section 2(a)(3) of the Act, of the Subadvised Series or of the Advisor,
other than by reason of serving as a sub-advisor to one or more of the
Subadvised Series (``Affiliated Sub-Advisor'').
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    \1\ A ``Sub-Advisor'' is (a) an indirect or direct ``wholly-
owned subsidiary'' (as such term is defined in the Act) of the
Advisor for that Series; (b) a sister company of the Advisor for
that Series that is an indirect or direct ``wholly-owned
subsidiary'' (as such term is defined in the Act) of the same
company that, indirectly or directly, wholly owns the Advisor (each
of (a) and (b), a ``Wholly-Owned Sub-Advisor'' and collectively, the
``Wholly-Owned Sub-Advisors''), or (c) an investment sub-advisor for
that Series that is not an ``affiliated person'' (as such term is
defined in section 2(a)(3) of the Act) of the Series or the Advisor,
except to the extent that an affiliation arises solely because the
sub-advisor serves as a sub-advisor to a Series (each, a ``Non-
Affiliated Sub-Advisor''). Each Sub-Advisor will be registered with
the Commission under the Investment Advisers Act of 1940 or exempt
from such registration.
    \2\ Shareholder approval will continue to be required for any
other sub-advisor change (not otherwise permitted by applicable law
or by rule) and material amendments to an existing Sub-Advisory
Agreement with any sub-advisor other than a Non-Affiliated Sub-
Advisor or a Wholly-Owned Sub-Advisor (all such changes referred to
as ``Ineligible Sub-Advisor Changes'').
    \3\ For purposes of the requested order, ``successor'' is
limited to an entity that results from a reorganization into another
jurisdiction or a change in the type of business organization. All
registered open-end investment companies that currently intend to
rely on the requested order are named as applicants. Any entity that
relies on the requested order will do so only in accordance with the
terms and conditions contained in the application. If the name of
any Subadvised Series contains the name of a Sub-Advisor (as defined
below), the name of the Advisor, or a trademark or trade name that
is owned by or publicly used to identify that Advisor, will precede
the name of the Sub-Advisor.
---------------------------------------------------------------------------

    4. Each Series has, or will have, as its investment adviser, the
Advisor or its successor. The Advisor will serve as the investment
adviser to each Series pursuant to an investment advisory agreement
with the Trust (``Investment Management Agreement'). The Investment
Management Agreement for each Series will be approved by the board of
trustees of the Trust (``Board''),\4\ including a majority of the
Independent Board Members, and by

the shareholders of the relevant Series as required by sections 15(a)
and 15(c) of the Act and rule 18f-2 thereunder. The terms of the
Investment Management Agreement will comply with section 15(a) of the
Act.
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    \4\ The term ``Board'' also includes the board of trustees or
directors of a future Subadvised Series.
---------------------------------------------------------------------------

    5. Under the terms of the Investment Management Agreement, the
Advisor, subject to the supervision of the Board, will provide
continuous investment management of the assets of each Series. The
Advisor will periodically review each Series' investment policies and
strategies, and based on the need of a particular Series, may recommend
changes to the investment policies and strategies of the Series for
consideration by the Board. For its services to each Series under the
Investment Management Agreement, the Advisor will receive an investment
management fee from that Series. The Investment Management Agreement
will provide that the Advisor may, subject to the approval of the
Board, including a majority of the Independent Board Members, and the
shareholders of the applicable Subadvised Series (if required),
delegate portfolio management responsibilities of all or a portion of
the assets of a Subadvised Series to one or more Sub-Advisors.
    6. Pursuant to the Investment Management Agreement, the Advisor has
overall responsibility for the management and investment of the assets
of each Subadvised Series. These responsibilities include recommending
the removal or replacement of Sub-Advisors, determining the portion of
that Subadvised Series' assets to be managed by any given Sub-Advisor
and reallocating those assets as necessary from time to time.
    7. The Advisor may enter into sub-advisory agreements with various
Sub-Advisors (``Sub-Advisory Agreements'') to provide investment
management services to the Subadvised Series. The terms of each Sub-
Advisory Agreement will comply fully with the requirements of section
15(a) of the Act and will have been approved by the Board, including a
majority of the Independent Board Members and the initial shareholder
of the applicable Subadvised Series, in accordance with sections 15(a)
and 15(c) of the Act and rule 18f-2 thereunder. The Sub-Advisors,
subject to the supervision of the Advisor and oversight of the Board,
will determine the securities and other investments to be purchased or
sold by a Subadvised Series and will place orders with brokers or
dealers that they select. The Advisor will compensate each Sub-Advisor
out of the fee paid to the Advisor under the Investment Management
Agreement.
    8. If the requested order is granted, the Subadvised Series will
inform shareholders of the hiring of a new Sub-Advisor pursuant to the
following procedures (``Modified Notice and Access Procedures''): (a)
Within 90 days after a new Sub-Advisor is hired for any Subadvised
Series, that Subadvised Series will send its shareholders either a
Multi-manager Notice or a Multi-manager Notice and Multi-manager
Information Statement; \5\ and (b) the Subadvised Series will make the
Multi-manager Information Statement available on the Web site
identified in the Multi-manager Notice no later than when the Multi-
manager Notice (or Multi-manager Notice and Multi-manager Information
Statement) is first sent to shareholders, and will maintain it on that
Web site for at least 90 days. In the circumstances described in the
application, a proxy solicitation to approve the appointment of new
Sub-Advisors provides no more meaningful information to shareholders
than the proposed Multi-manager Information Statement. Applicants state
that each Board would comply with the requirements of sections 15(a)
and 15(c) of the Act before entering into or amending Sub-Advisory
Agreements.
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    \5\ A ``Multi-manager Notice'' will be modeled on a Notice of
Internet Availability as defined in rule 14a-16 under the Securities
Exchange Act of 1934 (``Exchange Act''), and specifically will,
among other things: (a) Summarize the relevant information regarding
the new Sub-Advisor (except as modified to permit Aggregate Fee
Disclosure (as defined below); (b) inform shareholders that the
Multi-manager Information Statement is available on a website; (c)
provide the website address; (d) state the time period during which
the Multi-manager Information Statement will remain available on
that website; (e) provide instructions for accessing and printing
the Multi-manager Information Statement; and (f) instruct the
shareholder that a paper or email copy of the Multi-manager
Information Statement may be obtained, without charge, by contacting
the Subadvised Series.
    A ``Multi-manager Information Statement'' will meet the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule
14A under the Exchange Act for an information statement, except as
modified by the order to permit Aggregate Fee Disclosure. Multi-
manager Information Statements will be filed with the Commission via
the EDGAR system.
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    9. Applicants also request an order exempting the Subadvised Series
from certain disclosure obligations that may require each Subadvised
Series to disclose fees paid by the Advisor to each Sub-Advisor.
Applicants seek relief to permit each Subadvised Series to disclose (as
a dollar amount and a percentage of the Subadvised Series' net assets):
(a) The aggregate fees paid to the Advisor and any Wholly-Owned Sub-
Advisors; (b) the aggregate fees paid to Non-Affiliated Sub-Advisors;
and (c) the fee paid to each Affiliated Sub-Advisor (collectively, the
``Aggregate Fee Disclosure''). An exemption is requested to permit the
Series to include only the Aggregate Fee Disclosure. All other items
required by Sections 6-07(2)(a), (b), and (c) of Regulation S-X will be
disclosed.

Applicants' Legal Analysis

    1. Section 15(a) of the Act states, in part, that it is unlawful
for any person to act as an investment adviser to a registered
investment company ``except pursuant to a written contract, which
contract, whether with such registered company or with an investment
adviser of such registered company, has been approved by the vote of a
majority of the outstanding voting securities of such registered
company.'' Rule 18f-2 under the Act provides that each series or class
of stock in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 19(a)(3) of Form N-1A requires a registered
investment company to disclose in its statement of additional
information the method of computing the ``advisory fee payable'' by the
investment company, including the total dollar amounts that the
investment company ``paid to the adviser (aggregated with amounts paid
to affiliated advisers, if any), and any advisers who are not
affiliated persons of the adviser, under the investment advisory
contract for the last three fiscal years.''
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to a registered investment company to comply with Schedule 14A under
the Exchange Act. Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and
22(c)(9) of Schedule 14A, taken together, require a proxy statement for
a shareholder meeting at which the advisory contract will be voted upon
to include the ``rate of compensation of the investment adviser,'' the
``aggregate amount of the investment adviser's fee,'' a description of
the ``terms of the contract to be acted upon,'' and, if a change in the
advisory fee is proposed, the existing and proposed fees and the
difference between the two fees.
    4. Regulation S-X sets forth the requirements for financial
statements required to be included as part of a registered investment
company's registration statement and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b), and (c) of Regulation S-X require
a registered investment company to include in its

financial statement information about the investment advisory fees.
    5. Section 6(c) of the Act provides that the Commission by order
upon application may conditionally or unconditionally exempt any
person, security, or transaction or any class or classes of persons,
securities, or transactions from any provisions of the Act, or from any
rule thereunder, if such exemption is necessary or appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Applicants state that their requested relief meets this standard for
the reasons discussed below.
    6. Applicants assert that the shareholders expect the Advisor,
subject to the review and approval of the Board, to select the Sub-
Advisors who are in the best position to achieve the Subadvised Series'
investment objective. Applicants assert that, from the perspective of
the shareholder, the role of the Sub-Advisors is substantially
equivalent to the role of the individual portfolio managers employed by
an investment adviser to a traditional investment company. Applicants
believe that permitting the Advisor to perform the duties for which the
shareholders of the Subadvised Series are paying the Advisor--the
selection, supervision and evaluation of the Sub-Advisors--without
incurring unnecessary delays or expenses is appropriate in the interest
of the Subadvised Series' shareholders and will allow such Subadvised
Series to operate more efficiently. Applicants state that each
Investment Management Agreement will continue to be fully subject to
section 15(a) of the Act and rule 18f-2 under the Act and approved by
the Board, including a majority of the Independent Board Members, in
the manner required by sections 15(a) and 15(c) of the Act. Applicants
are not seeking an exemption with respect to the Investment Management
Agreements.
    7. Applicants assert that disclosure of the individual fees that
the Advisor would pay to the Sub-Advisors of Subadvised Series that
operate under the multi-manager structure described in the application
would not serve any meaningful purpose. Applicants contend that the
primary reasons for requiring disclosure of individual fees paid to
Sub-Advisors are to inform shareholders of expenses to be charged by a
particular Subadvised Series and to enable shareholders to compare the
fees to those of other comparable investment companies. Applicants
believe that the requested relief satisfies these objectives because
the advisory fee paid to the Advisor will be fully disclosed and,
therefore, shareholders will know what the Subadvised Series' fees and
expenses are and will be able to compare the advisory fees a Subadvised
Series is charged to those of other investment companies. Applicants
assert that the requested disclosure relief would benefit shareholders
of the Subadvised Series because it would improve the Advisor's ability
to negotiate the fees paid to Sub-Advisors. Applicants state that the
Advisor may be able to negotiate rates that are below a Sub-Advisor's
``posted'' amounts if the Advisor is not required to disclose the Sub-
Advisors' fees to the public. Applicants submit that the relief
requested to use Aggregate Fee Disclosure will encourage Sub-Advisors
to negotiate lower subadvisory fees with the Advisor if the lower fees
are not required to be made public.
    8. For the reasons discussed above, applicants submit that the
requested relief meets the standards for relief under section 6(c) of
the Act. Applicants state that the operation of the Subadvised Series
in the manner described in the application must be approved by
shareholders of a Subadvised Series before that Subadvised Series may
rely on the requested relief. In addition, applicants state that the
proposed conditions to the requested relief are designed to address any
potential conflicts of interest, including any posed by the use of
Wholly-Owned Sub-Advisors, and provide that shareholders are informed
when new Sub-Advisors are hired. Applicants assert that conditions 6,
7, 10 and 11 are designed to provide the Board with sufficient
independence and the resources and information it needs to monitor and
address any conflicts of interest with affiliated persons of the
Advisor, including Wholly-Owned Sub-Advisors. Applicants state that,
accordingly, they believe the requested relief is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policy and
provisions of the Act.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Subadvised Series may rely on the order requested in
the application, the operation of the Subadvised Series in the manner
described in the application, including the hiring of Wholly-Owned Sub-
Advisors, will be, or has been, approved by a majority of the
Subadvised Series' outstanding voting securities as defined in the Act,
or, in the case of a new Subadvised Series whose public shareholders
purchase shares on the basis of a prospectus containing the disclosure
contemplated by condition 2 below, by the sole initial shareholder
before offering the Subadvised Series' shares to the public.
    2. The prospectus for each Subadvised Series will disclose the
existence, substance, and effect of any order granted pursuant to the
application. Each Subadvised Series will hold itself out to the public
as employing the multi-manager structure described in the application.
Each prospectus will prominently disclose that the Advisor has the
ultimate responsibility, subject to oversight by the Board, to oversee
the Sub-Advisors and recommend their hiring, termination and
replacement.
    3. The Advisor will provide general management services to a
Subadvised Series, including overall supervisory responsibility for the
general management and investment of the Subadvised Series' assets.
Subject to review and approval of the Board, the Advisor will (a) set a
Subadvised Series' overall investment strategies, (b) evaluate, select,
and recommend Sub-Advisors to manage all or a portion of a Subadvised
Series' assets, and (c) implement procedures reasonably designed to
ensure that Sub-Advisors comply with a Subadvised Series' investment
objective, policies and restrictions. Subject to review by the Board,
the Advisor will (a) when appropriate, allocate and reallocate a
Subadvised Series' assets among multiple Sub-Advisors; and (b) monitor
and evaluate the performance of Sub-Advisors.
    4. A Subadvised Series will not make any Ineligible Sub-Advisor
Changes without such agreement, including the compensation to be paid
thereunder, being approved by the shareholders of the applicable
Subadvised Series.
    5. Subadvised Series will inform shareholders of the hiring of a
new Sub-Advisor within 90 days after the hiring of the new Sub-Advisor
pursuant to the Modified Notice and Access Procedures.
    6. At all times, at least a majority of the Board will be
Independent Board Members, and the selection and nomination of new or
additional Independent Board Members will be placed within the
discretion of the then-existing Independent Board Members.
    7. Independent Legal Counsel, as defined in rule 0-1(a)(6) under
the Act, will be engaged to represent the Independent Board Members.
The selection of such counsel will be within

the discretion of the then-existing Independent Board Members.
    8. The Advisor will provide the Board, no less frequently than
quarterly, with information about the profitability of the Advisor on a
per Subadvised Series basis. The information will reflect the impact on
profitability of the hiring or termination of any sub-advisor during
the applicable quarter.
    9. Whenever a sub-advisor is hired or terminated, the Advisor will
provide the Board with information showing the expected impact on the
profitability of the Advisor.
    10. Whenever a sub-advisor change is proposed for a Subadvised
Series with an Affiliated Sub-Advisor or a Wholly-Owned Sub-Advisor,
the Board, including a majority of the Independent Board Members, will
make a separate finding, reflected in the Board minutes, that such
change is in the best interests of the Subadvised Series and its
shareholders, and does not involve a conflict of interest from which
the Advisor or the Affiliated Sub-Advisor or Wholly-Owned Sub-Advisor
derives an inappropriate advantage.
    11. No Board member or officer of a Subadvised Series, or partner,
director, manager, or officer of the Advisor, will own directly or
indirectly (other than through a pooled investment vehicle that is not
controlled by such person), any interest in a Sub-Advisor, except for
(a) ownership of interests in the Advisor or any entity, other than a
Wholly-Owned Sub-Advisor, that controls, is controlled by, or is under
common control with the Advisor, or (b) ownership of less than 1% of
the outstanding securities of any class of equity or debt of a publicly
traded company that is either a Sub-Advisor or an entity that controls,
is controlled by, or is under common control with a Sub-Advisor.
    12. Any new Sub-Advisory Agreement or any amendment to a Series'
existing Investment Management Agreement or Sub-Advisory Agreement that
directly or indirectly results in an increase in the aggregate advisory
fee rate payable by the Series will be submitted to the Series'
shareholders for approval.
    13. Each Subadvised Series will disclose the Aggregate Fee
Disclosure in its registration statement.
    14. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that requested in the
application, the requested order will expire on the effective date of
that rule.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-06610 Filed 3-25-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 208 (Monday, October 28, 2019)]
[Notices]
[Pages 57722-57723]
[FR Doc No: 2019-23423]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC20-11-000.
    Applicants: Xcel Energy Inc., Jeffers Wind 20, LLC, Community Wind
North, LLC, North Community Turbines LLC, North Wind Turbines LLC,
Community Wind North 1 LLC, Community Wind North 2 LLC, Community Wind
North 3 LLC, Community Wind North 5 LLC, Community Wind North 6 LLC,
Community Wind North 7 LLC, Community Wind North 8 LLC, Community Wind
North 9 LLC, Community Wind North 10 LLC, Community Wind North 11 LLC,
Community Wind North 13 LLC, Community Wind North 15 LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act, et al. of Xcel Energy Inc., et al.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5234.
    Comments Due: 5 p.m. ET 11/8/19.

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

    Docket Numbers: ER19-1901-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Notice of Effective Date in ER19-
1901--Minimum Daily Contingency Reserve to be effective N/A.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5110.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER19-2716-000.
    Applicants: Madison BTM, LLC.
    Description: Supplement to August 30, 2019 Madison BTM, LLC tariff
filing.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5040.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER19-2717-000.
    Applicants: Madison ESS, LLC.
    Description: Supplement to August 30, 2019 Madison ESS, LLC tariff
filing.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5038.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-144-000.
    Applicants: Northern States Power Company, a Minnesota corporation,
Jeffers Wind 20, LLC, Community Wind North, LLC, North Community
Turbines LLC, North Wind Turbines LLC.
    Description: Request for Authorization of Affiliate Transactions of
Northern States Power Company, a Minnesota corporation, et al.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5236.
    Comments Due: 5 p.m. ET 11/8/19.

    Docket Numbers: ER20-145-000.
    Applicants: Oak Creek Wind Power, LLC.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 10/22/2019.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5076.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-146-000.
    Applicants: ON Wind Energy LLC.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 10/22/2019.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5078.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-147-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA
No. 5090; Queue No. AC1-209 to be effective 12/2/2019.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5092.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-148-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA SA No. 5493;
Queue No. AC1-107 to be effective 9/20/2019.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5106.

    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-149-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 205: EPC Agreement no. 2476
among NYISO, Alcoa, HQUS for Cedar Rapids to be effective 10/4/2019.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5124.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-150-000.
    Applicants: EverPower Commercial Services LLC.
    Description: Tariff Cancellation: Cancellation complete tariff to
be effective 10/22/2019.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5128.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-151-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2019-10-21_SA 3364 NIPSCO-
Indiana Crossroads Wind Farm GIA (J837 J838) to be effective 10/7/2019.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5134.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-152-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Americus Solar (Americus
Solar II) LGIA Filing to be effective 10/7/2019.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5136.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-153-000.
    Applicants: Exelon Corporation.
    Description: Petition for Limited Waiver, et al. of Exelon
Corporation.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5137.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-155-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Boggy Branch Solar LGIA
Filing to be effective 10/10/2019.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5144.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-156-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Indian Springs Solar LGIA
Filing to be effective 10/7/2019.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5151.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: ER20-157-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA,
SA No. 4391; Queue No. AB1-020 to be effective 11/12/2019.
    Filed Date: 10/21/19.
    Accession Number: 20191021-5177.
    Comments Due: 5 p.m. ET 11/12/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 21, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-23423 Filed 10-25-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32760-32761]
[FR Doc No: 2019-14608]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4438-DR; Docket ID FEMA-2019-0001]

Oklahoma; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Oklahoma (FEMA-4438-DR), dated June 1, 2019,
and related determinations.

DATES: The declaration was issued June 1, 2019.

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: Notice is hereby given that, in a letter
dated June 1, 2019, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Oklahoma resulting from severe storms, straight-line winds,
tornadoes, and flooding beginning on May 7, 2019, and continuing, is
of sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Oklahoma.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance; assistance
for debris removal and emergency protective measures (Categories A
and B), including direct Federal assistance, under the Public
Assistance program; and emergency protective measures (Category B),
limited to direct Federal assistance, under the Public Assistance
program in the designated areas; Hazard Mitigation throughout the
State; and any other forms of assistance under the Stafford Act that
you deem appropriate subject to completion of Preliminary Damage
Assessments (PDAs).
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation and Other Needs Assistance will be limited to 75
percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, with the exception of projects
that meet the eligibility criteria for a higher Federal cost-sharing
percentage under the Public Assistance Alternative Procedures Pilot
Program for Debris Removal implemented pursuant to section 428 of
the Stafford Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Gerard M. Stolar, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Oklahoma have been designated
as adversely affected by this major disaster:

    Muskogee, Tulsa, and Wagoner Counties for Individual Assistance
and assistance for debris removal and emergency protective measures
(Categories A and B), including direct federal assistance, under the
Public Assistance program.
    Haskell, Kay, Le Flore, Noble, Osage, Pawnee, and Sequoyah
Counties for emergency protective measures (Category B), limited to
direct federal assistance, under the Public Assistance program.
    All areas within the State of Oklahoma are eligible for
assistance under the Hazard Mitigation Grant Program.

    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.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-14608 Filed 7-8-19; 8:45 am]
 BILLING CODE 9111-23-P


"richardastrust.com"<EMAIL_ADDRESS>09/09/2007 01:11 PM	To
	Margaret Sheppard/DC/USEPA/US@EPA
	cc

	bcc

	Subject
	white goods continue

	For Follow Up:

		Urgent Priority

2

Margaret

Factory setting

In a factory setting, majority of the new AC or refrigerator units are
manufactured in China.
Any company producing the units will have a machine that automatically
charges and adds the refrigerant and oil to the system. This machine will
also evacuate (remove the moisture)
in the system before charging. All the worker has to do is connect and
disconnect the nozzle. It is usually a quick disconnect.  The rest is all
done by computer and the machine is programed to only allow so much
refrigerant and oil. The worker has nothing to do with this.  The machine
is basically a production-line type.

As far as the risk and engineering control - that I cannot answer, that
is, China or a third world country where they never heard of OSHA. please
understand we cannot in enforce our rules on their turf.

Attached is a guideline that the EU use on Venting of Hydrocarbon
refrigerant.
According to the EU guideline and the people that I spoke to at CARE, the
venting of hydrocarbon refrigerant is alright as long as the safety
measures are met. The hydrocarbon refrigerant poses no threat to the
environment, ozone, and global warming potential. I was told look at all
of the oil fields that vent natural gases. Hydrocarbon Refrigerant is no
different that what comes out of the ground.

On the recovery machine:

I spoke to a Mr.Jerry Wander at Inificon in East Syracuse New York about
the Vortex Recovery machine. I have just purchased one and was inquiring
about it being suitable for HCR188C recovery.  Mr.Wander asked me about
the pressure on HCR188C and pointed me to the ARI 740 1998. He said that
HCR188C falls into a medium pressure category and the unit should be
suitable for the recovery of my refrigerant. Once passed, all his company
will do is submit to ARI the HCR188C  pressure and then the recovery
machine will be rated.
This will happen with every other one that is in the market at this time
which are all EPA approved. You can verify this by calling him at 315
4341100.

Any appliance which has any refrigerant in the system must be recovered
before disposal. Any automobile AC refrigerant must be recovered. This is
an EPA ruling. As far as the recovery equipment goes, it will be certified
when HCR188C is approved. This is what Mr. Wander told me. He said that
all recovery machines are made of high quality parts and can be used on
many applications - the only difference is the pressure rating. Since
HCR188C falls in medium pressure, he sees no problems even if it is
hydrocarbon.

As far as recycling HCR188C, my opinion is with the small amount that is
being used, it is not feasible. The charge rate is so small and some of
the components are under 1% of the mixture and can be lost in the
recycling process. When this happens the full effects of HCR188C will not
be there yet it can still be used but in my opinion it will not be 100%
effective.

Below you will find thew web site for the recovery machine in question and
attached the ARI 740 1988

There is also a company in the US that came out with a guideline for Techs
and the handling and use of hydrocarbon refrigerant.  See attached HC
Guidelines

When marketing HCR188C, the product will be marketed as an ozone-friendly
and >5 GWP
refrigerant that uses much less refrigerant than any other on the market.
It will also be detailed to follow the guidelines of testing and handling
of the product.
The MSDS will be posted with the product to advise the technicians to use
caution in handling of HCR188C.

I will also note that HCR188C is not a ozone-depleting refrigerant. The
only time a retrofit will be done will be on automobiles. In that case,
the existing refrigerant will be recovered
and the retrofit safety kit will be installed with the correct charging
procedure to be used.
The appliances that HCR188C will be used in are new refrigerators
,freezers, and home window or split air conditioners.

This is where the guidelines will come in when we get the EPA's input on
the matter.

Richard

Richard Maruya
phone<PHONE_NUMBER>
fax<PHONE_NUMBER>
cell<PHONE_NUMBER>
e mail<EMAIL_ADDRESS>or<EMAIL_ADDRESS>

CONFIDENTIALITY NOTICE This e-mail may contain confidential or privileged
information, if you are not the intended recipient, or the person
responsible for delivering the message to the intended recipient, then
please notify us by return e-mail immediately. Should you have received
this e-mail in error then you should not copy this for any purpose nor
disclose its contents to any other person.


[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Proposed Rules]
[Pages 16102-16107]
[FR Doc No: 2016-06704]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2016-0059; FRL-9944-21-Region]

Approval of Air Quality Implementation Plans; New Jersey, Carbon
Monoxide Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the New
Jersey Department of Environmental Protection. This revision will
establish an updated ten-year carbon monoxide (CO) maintenance plan for
the New Jersey portion of the New York-Northern New Jersey-Long Island
(NYNNJLI) CO area which includes the following areas: Hudson, Essex,
Bergen, and Union Counties, and the municipalities of Clifton, Passaic
and Paterson in Passaic County. EPA is also proposing to approve the
2007 Attainment/Base Year CO emissions inventory. In addition, EPA
proposes to approve the shutdown of 5 CO maintenance monitors in New
Jersey. The New Jersey portion of the NYNNJLI CO area was redesignated
to attainment of the CO National Ambient Air Quality Standard (NAAQS)
on August 23, 2002 and the maintenance plan was also approved at that
time. By

this action, EPA is proposing to approve the second maintenance plan
for this area because it provides for continued attainment for an
additional ten years of the CO NAAQS.

DATES: Comments must be received on or before April 25, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2016-0059, at http://www.regulations.gov. Follow the on-line
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Henry Feingersh
<EMAIL_ADDRESS>for general questions, Raymond Forde
<EMAIL_ADDRESS>for emissions inventory questions, or Matthew
Laurita<EMAIL_ADDRESS>for mobile source related questions at
the U.S. Environmental Protection Agency, Air Programs Branch, 290
Broadway, 25th Floor, New York, NY 10007-1866, telephone number (212)
637-4249, fax number<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. What is the nature of the EPA's action?
II. What is the Carbon Monoxide Limited Maintenance Plan for the New
Jersey portion of the New York-Northern New Jersey-Long Island
Carbon Monoxide area?
III. What is included in a maintenance plan?
    A. Attainment Inventory
    B. Maintenance Demonstration
    C. Monitoring Network
    D. Verification of Continued Attainment
    E. Contingency Plan
    1. Control Measures
    2. Contingency Measures
    F. Conformity
IV. What is the New Jersey Attainment/Base Year CO Inventory?
V. Why is New Jersey shutting down 5 CO Maintenance Monitors?
VI. What action is the EPA proposing to take?
VII. Statutory and Executive Order Reviews

I. What is the nature of the EPA's action?

    The EPA is proposing to approve an updated ten-year carbon monoxide
(CO) maintenance plan for the New Jersey portion of the New York-
Northern New Jersey-Long Island (NYNNJLI) CO area. On August 23, 2002,
the EPA approved a request from New Jersey to redesignate the New
Jersey portion of the NYNNJLI CO area to attainment of the CO National
Ambient Air Quality Standard (NAAQS) (67 FR 54574). In addition, the
EPA also approved at that time a ten-year CO maintenance plan for the
area. The Clean Air Act (the Act) requires that an area redesignated to
attainment of the CO NAAQS must submit a second ten-year CO maintenance
plan to show how the area will continue to attain the CO standard for
an additional ten years. On June 11, 2015, New Jersey submitted a
second ten-year CO maintenance plan for the New Jersey portion of the
NYNNJLI CO area and requested that EPA approve the plan. This plan also
included a request and the justification for shutting down 4 CO
maintenance monitors. On February 8, 2016, New Jersey submitted an
addendum to the plan which provides additional information to justify
the shutdown of one additional CO maintenance monitor. The following
sections describe how the EPA made its determination proposing to
approve the second ten-year maintenance plan. Additionally, the EPA is
proposing to approve the 2007 Attainment/Base Year CO emissions
inventory. Finally, the EPA proposes to approve the shutdown of 5 CO
maintenance monitors in New Jersey. A more detailed discussion of the
EPA's review and proposed action is found in the Technical Support
Document (TSD) available in the Docket for this action, and by
contacting the individuals in the For Further Information Section.

II. What is the Carbon Monoxide Limited Maintenance Plan for the New
Jersey portion of the New York-Northern New Jersey-Long Island Carbon
Monoxide area?

    A maintenance plan is a SIP revision that must demonstrate
continued attainment of the applicable NAAQS in the maintenance area
for at least ten years. The Act requires that a second ten-year plan be
submitted in order to assure that the area will continue to stay in
compliance with the relevant NAAQS. For the NYNNJLI CO area, the New
Jersey Department of Environmental Protection is proposing to utilize
EPA's limited maintenance plan approach, as detailed in the EPA
guidance memorandum, ``Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas'' from Joseph Paisie, Group
Leader, Integrated Policy and Strategies Group, Office of Air Quality
and Planning Standards, dated October 6, 1995. Pursuant to this
approach, the EPA will consider the maintenance demonstration satisfied
for areas if the monitoring data show the design value is at or below
7.65 parts per million (ppm), or 85 percent of the level of the 8-hour
CO NAAQS. The design value must be based on eight consecutive quarters
of data. For such areas, there is no requirement to project emissions
of CO over the maintenance period. EPA believes if the area begins the
maintenance period at, or below, 85 percent of the CO 8 hour NAAQS, the
applicability of Prevention of Significant Deterioration (PSD)
requirements, the control measures already in the SIP, and Federal
measures, should provide adequate assurance of maintenance over the 10-
year maintenance period.

III. What is included in a maintenance plan?

    Section 175A of the Act sets forth the elements of maintenance
plans for areas seeking redesignation from nonattainment to attainment.
The initial and subsequent ten-year plans must each demonstrate
continued attainment of the applicable NAAQS for at least ten years
after approval. EPA is proposing action on the second ten-year
maintenance plan which covers the period from 2015 through 2024. The
specific elements of a maintenance plan are:

A. Attainment Inventory

    EPA's October 6, 1995 Limited Maintenance Plan guidance states that
for inventory purposes the state is only required to submit an
attainment inventory to EPA that is based on monitoring data which
shows attainment. There is no requirement to project emissions over the
maintenance period. The calendar year inventory selected for the
attainment inventory is 2007. This means if 2007 is a calendar year
which has monitoring data which demonstrates attainment of the
standard, the 2007 base year inventory can be used as the attainment
year

inventory and no projection inventories are required over the years of
the maintenance period. Only calendar year 2007 summary emissions data
(based on a winter season day) are required. In addition, the inventory
should be consistent with EPA's most recent guidance on emission
inventories for nonattainment areas available at the time and should
include emissions during the time period associated with the monitoring
data showing attainment.
    New Jersey submitted a limited maintenance plan which included a
2007 base year emissions inventory. The 2007 inventory is also
classified as the attainment year inventory for the limited maintenance
plan. New Jersey has elected 2007 because it is the attainment base
year that will be used for the limited maintenance plan and 2007
represents one of the years of violation free monitored data in the
area. The inventory included peak winter season daily emissions from
stationary point, stationary area, non-road mobile, and on-road mobile
sources of CO. These emission estimates were prepared in accordance
with EPA guidance.
    The EPA is proposing to approve the CO inventory for Hudson, Essex,
Bergen, and Union Counties, and the municipalities of Clifton, Passaic
and Paterson in Passaic County. Details of the inventory review are
located in section IV of this action. A more detailed discussion of how
the emission inventory was reviewed and the results of EPA's review are
presented in the TSD.
    Table 1 presents a summary of the 2007 CO peak winter season daily
emissions estimates in tons per day for the NYNNJLI CO area. Again,
under the Limited Maintenance Plan guidance, there is no requirement to
project emissions over the maintenance period.

                     Table 1--2007 Base Year/Attainment Emissions Inventory NYNNJLI CO Area
                                          [Tons/Peak Winter Season Day]
----------------------------------------------------------------------------------------------------------------
                                                                  Onroad  mobile  Nonroad mobile
             County                Point sources   Area sources       sources         sources          Total
----------------------------------------------------------------------------------------------------------------
Bergen..........................            1.82           14.75          346.29          139.60          502.47
Essex...........................            5.52           12.93          198.99           75.20          292.64
Hudson..........................            2.46           10.05          111.77           35.70          159.97
Passaic.........................            0.32            6.52          144.70           42.30          193.84
Union...........................            4.18            8.31          169.18           53.60           23.27
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Total.......................           14.30           52.56          970.93          346.50        1,384.19
----------------------------------------------------------------------------------------------------------------

B. Maintenance Demonstration

    New Jersey has met the Limited Maintenance Plan air quality
criteria requirement by demonstrating that its highest monitored design
value is less than 85 percent (7.65 parts per million) of the CO
standard of 9.0 parts per million. The highest monitored design value
in the NYNNJLI CO area for the 2013-2014 design year was 2.5 parts per
million at two monitoring sites in New Jersey. In addition, New Jersey
commits to continued implementation of all other Federal and State
measures already implemented as part of its CO SIP. Thus, according to
the Limited Maintenance Plan Guidance, emission projections are not
required.

C. Monitoring Network

    New Jersey continues to operate its CO monitoring network and will
continue to work with the EPA through the air monitoring network review
process as required by 40 CFR part 58 to determine the adequacy of its
network.
    On August 8, 2011, New Jersey submitted their ``New Jersey Ambient
Air Monitoring Network Plan 2011'' to the EPA. This document described
New Jersey's ambient air monitoring network and also detailed proposed
changes and the rationale for them.\1\ The reasoning behind the
requested CO maintenance monitor shutdowns are included in that
submittal. In a letter dated October 27, 2011, the EPA told New Jersey
that it will make a determination on New Jersey's analysis in a
revision to a CO SIP. Based on the EPA's review, the EPA is proposing
approval of these CO maintenance monitor shutdowns. The EPA's review of
the New Jersey analysis is included in the accompanying TSD and in
Section V of this notice.
---------------------------------------------------------------------------

    \1\ New Jersey has submitted subsequent 2012, 2013, 2014, and
2015 Monitoring Network Plans. The EPA is only discussing the 2011
Plan because of its relevance to the CO Limited Maintenance Plan.
---------------------------------------------------------------------------

    New Jersey will continue annual reviews of its data in order to
verify continued attainment of the NAAQS. As mentioned earlier, all of
New Jersey's 8-hour design values are well below the 9.0 ppm 8-hour
NAAQS for CO with the highest monitors in the New Jersey portion of the
NYNNJLI reading 2.5 ppm, as shown in Table 2.

               Table 2--Design Values for CO in New Jersey
                 [8-hour standard--9 parts per million]
------------------------------------------------------------------------
                                                             2013-2014
                                                           Design value
                   Monitoring location                      (parts per
                                                             million)
------------------------------------------------------------------------
East Orange.............................................             2.5
Camden Spruce Street....................................             1.2
Elizabeth...............................................             2.2
Elizabeth lab...........................................             1.8
Jersey City.............................................             1.8
Newark Firehouse........................................             2.5
------------------------------------------------------------------------

    In its SIP revision, New Jersey submitted design values from 2006-
2007 through 2012-2013. The EPA reviewed more recent data in addition
to the submitted data and found the maximum 2013-2014 design value for
New Jersey to be 2.5 ppm, which continues to show attainment of the
NAAQS.

D. Verification of Continued Attainment

    New Jersey will verify that the New Jersey portion of the NYNNJLI
CO area continues to attain the CO NAAQS through an annual review of
its monitoring data. If any design value exceeds 7.65 ppm, New Jersey
will coordinate with EPA Region 2 to verify and evaluate the data and
then, if warranted, develop a full maintenance plan for the affected
maintenance area.

E. Contingency Plan

    Section 175A(d) of the Act requires that a maintenance plan include
a contingency plan which includes contingency measures, as necessary,
to promptly correct any violation of the NAAQS that occurs after
redesignation of the area. Contingency measures do not have to be fully
adopted at the time of redesignation. However, the contingency plan is
considered to be an enforceable part of the SIP and should ensure that
the contingency measures are adopted expeditiously once they are
triggered by a specified event. In addition, the contingency plan
includes a requirement that the State continue to implement all control
measures used to bring the area into attainment.
    The triggers specified in New Jersey's previous maintenance plan
are included in this Limited Maintenance Plan. If design values in any
maintenance area in New Jersey exceeds 7.65 parts per million (ppm),
New Jersey will coordinate with the EPA to verify the validity of the
data, evaluate the data, and analyze available air quality and
meteorological data and related activities in the area. If design
values show noncompliance with the 9 ppm standard, New Jersey will
implement the appropriate contingency measures.
1. Control Measures
    New Jersey has implemented a number of measures to control motor
vehicle CO emissions. Emission reductions achieved through the
implementation of these control measures are enforceable. These
measures include the Federal Motor Vehicle Control Program, Federal
reformulated gasoline, New Jersey's pre-1990 modifications to its
inspection and maintenance (I/M) program, and local control measures
relied on in the SIP.
    The State of New Jersey has demonstrated that actual enforceable
emission reductions are responsible for the air quality improvement and
that the CO emissions in the base year are not artificially low due to
local economic downturn. The EPA finds that the combination of existing
EPA approved- SIP and Federal measures contribute to the permanence and
enforceability of reductions in ambient CO levels that have allowed the
New Jersey portion of the NYNNJLI CO area to attain the NAAQS since
1995.
    New Jersey commits to continue implementation of all control
measures used to bring the area into attainment.
2. Contingency Measures
    The State plans to continue to use the contingency measure from the
original maintenance plan. The plan included implementation of an
enhanced I/M program. This program is fully operational and the State
commits to meet the performance standard for an enhanced I/M program in
an effort to maintain the CO NAAQS. Although the plan is currently in
place, EPA guidance allows for it to act as a contingency measure. We
approved this measure in the previous maintenance plan and are
proposing to approve it in this action. If, in the future, it becomes
necessary to reduce CO levels further, New Jersey will work with the
local Transportation Planning Organizations or Metropolitan Planning
Organizations to identify and implement transportation control measures
such as Transportation Demand Management measures, signal improvement
projects, bicycle projects, and various transit related projects as
necessary.

 F. Conformity

    Section 176(c) of the Act defines conformity as meeting the SIP's
purpose of eliminating or reducing the severity and number of
violations of the NAAQS and achieving expeditious attainment of such
standards. The Act further defines conformity to mean that no Federal
activity will: (1) Cause or contribute to any new violation of any
standard in any area; (2) increase the frequency or severity of any
existing violation of any standard in any area; or (3) delay timely
attainment of any standard or any required interim emission reductions
or other milestones in any area.
    The Federal transportation conformity rule, 40 CFR part 93 subpart
A, sets forth the criteria and procedures for demonstrating and
assuring conformity of transportation plans, programs and projects
which are developed, funded or approved by the U.S. Department of
Transportation, and by metropolitan planning organizations or other
recipients of federal funds under Title 23 U.S.C. or the Federal
Transit Laws (49 U.S.C. chapter 53). The transportation conformity rule
applies within all nonattainment and maintenance areas. As prescribed
by the Rule, once an area has an applicable SIP with motor vehicle
emissions budgets, the expected emissions from planned transportation
activities must be consistent with (``conform to'') such established
budgets for that area.
    In the case of the NYNNJLI, CO limited maintenance plan area,
however, the emissions budgets may be treated as essentially not
constraining for the length of this second maintenance period as long
as the area continues to meet the limited maintenance criteria, because
there is no reason to expect that these areas will experience so much
growth in that period that a violation of the CO NAAQS would result. In
other words, emissions from on-road transportation sources need not be
capped for the maintenance period because it is unreasonable to believe
that emissions from such sources would increase to a level that would
threaten the air quality in this area for the duration of this
maintenance period. Therefore, for the limited maintenance plan CO
maintenance area, all Federal actions that require conformity
determinations under the transportation conformity rule are not
required to satisfy the regional emissions analysis requirements in 40
CFR 93.118 or 93.119 of the rule (40 CFR 93.109(e)).
    Since limited maintenance plan areas are still maintenance areas,
however, transportation conformity determinations are still required
for transportation plans, programs and projects. Specifically, for such
determinations, transportation plans, transportation improvement
programs, and projects must still demonstrate that they are fiscally
constrained (40 CFR part 108) and must meet the criteria for
consultation and Transportation Control Measure (TCM) implementation in
the conformity rule (40 CFR 93.112 and 40 CFR 93.113, respectively). In
addition, projects in limited maintenance areas will still be required
to meet the criteria for CO hot spot analyses to satisfy ``project-
level'' conformity determinations (40 CFR 93.116 and 40 CFR 93.123)
which must incorporate the latest planning assumptions and models that
are available. All aspects of transportation conformity (with the
exception of satisfying the emission budget test) will still be
required. Approval of the limited maintenance plan does not supersede
the current 2014 motor vehicle emissions budget. However, conformity
determinations conducted now and in the future would not need to
conduct an emission budget test.
    If the area should monitor CO concentrations at or above the
limited maintenance eligibility criteria or 7.65 parts per million then
that maintenance area would no longer qualify for a limited maintenance
plan and would revert to a full maintenance plan. In this event, the
limited maintenance plan would remain applicable for conformity
purposes only until the full maintenance plan is submitted and the EPA
has found its motor vehicle emissions budget adequate for conformity
purposes or the EPA approves the full maintenance plan SIP revision. At
that time regional emissions

analyses would resume as a transportation conformity criteria.
    On July 27, 2015, the EPA posted New Jersey's CO limited
maintenance plan on its Adequacy Review Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm. We did not receive any
comments by the August 26, 2015, deadline. The EPA may now elect to
proceed with finding the CO limited maintenance plan adequate for
transportation conformity purposes either as part of the SIP's final
approval or in a separate notice of adequacy. The EPA's adequacy review
process is described in 40 CFR part 93.118(f).
    In addition to transportation conformity, approval of the CO
limited maintenance plan would have implications for general conformity
(40 CFR part 93 Subpart B). Federal actions subject to general
conformity would be presumed to conform under a limited maintenance
plan as actions in this area will automatically satisfy the budget test
of 40 CFR 93.158(a)(5)(i)(A), as described in the October 1995 EPA memo
``Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment
Areas'' from Joseph Paisie, Group Leader, Integrated Policy and
Strategies Group, Office of Air Quality and Planning Standards.

IV. What is the New Jersey Attainment/Base Year CO Inventory?

    Section 182(a)(3) and 172(c)(3) of the Act requires the periodic
submission of a base inventory for SIP planning processes to address
the pollutants for the eight hour-ozone, PM2.5 and CO
national ambient air quality standard. Identifying the base year gives
certainty to states that requires submission of the ozone,
PM2.5 and CO emission inventories periodically. These
requirements allow the EPA, based on the states' progress in reducing
emissions, to periodically reassess its policies and air quality
standards and revise them as necessary. Most important, the ozone,
PM2.5 and CO inventories will be used to develop and assess
new control strategies that the states will need to submit in their
attainment demonstration SIPs for the new national ambient air quality
standards for ozone, PM2.5 and for CO. The base year
inventory may also serve as part of statewide inventories for purposes
of regional modeling in transport areas. The base year inventory plays
an important role in modeling demonstrations for areas classified as
nonattainment and outside transport regions. For the reasons stated
above, ideally the EPA would therefore emphasize the importance and
benefits of developing a comprehensive, current, and accurate emission
inventory (similar to the 1990 base year inventory effort). In this
case, the 2007 base year has been selected as the inventory that will
be used for planning purposes for the NYNNJLI CO area.
    There are specific components of an acceptable emission inventory.
The emission inventory must meet certain minimum requirements for
reporting each source category. Specifically, the source requirements
are detailed below.
    The review process, which is described in the accompanying TSD, is
used to determine that all components of the base year inventory are
present. This review also evaluates the level of supporting
documentation provided by the state, assesses whether the emissions
were developed according to current EPA guidance, and evaluates the
quality of the data.
    The review process is outlined here and consists of 8 points that
the inventory must include. For a base year emission inventory to be
acceptable, it must pass all of the following acceptance criteria:
    1. Evidence that the inventory was quality assured by the state and
its implementation documented.
    2. The point source inventory was complete.
    3. Point source emissions were prepared or calculated according to
the current EPA guidance.
    4. The area source inventory was complete.
    5. The area source emissions were prepared or calculated according
to the current EPA guidance.
    6. Non-road mobile emissions were prepared according to the current
EPA guidance for all of the source categories.
    7. The method (e.g., Highway Performance Monitoring System or a
network transportation planning model) used to develop VMT estimates
followed the EPA guidance.
    8. On-road mobile emissions were prepared according to the current
EPA guidance.
    Based on the EPA's review, New Jersey satisfied all of the EPA's
requirements for purposes of providing a comprehensive, accurate, and
current inventory of actual emissions for CO areas. Where applicable,
CO peak winter season daily emissions are provided for the CO
nonattainment area. The inventory was developed in accordance with
Emission Inventory Guidance for Implementation of Ozone and Particulate
Matter NAAQS and Regional Haze Regulation, dated August 2005. Using
MOVES to Prepare Emission Inventories in State Implementation Plans and
Transportation Conformity: Technical Guidance for MOVES2010, 2010a and
2010b, April 2012, and Example Documentation Report for 1990 Base Year
for Ozone and CO SIP Emissions Inventories, March 1992.
    A summary of the EPA's review is given below:
    1. The Quality Assurance (QA) plan was implemented for all portions
of the inventory. The QA plan included a QA/Quality control (QC)
program for assessing data completeness and standard range checking.
Critical data elements relative to the inventory sources were assessed
for completeness. QA checks were performed relative to data collection
and analysis, and double counting of emissions from point, area and
mobile sources. QA/QC checks were conducted to ensure accuracy of
units, unit conversions, transposition of figures, and calculations.
The inventory is well documented. New Jersey provided documentation
detailing the methods used to develop emissions estimates for each
category. In addition, New Jersey identified the sources of data used
in developing the inventory.
    2. The point source emissions are complete and in accordance with
the EPA guidance.
    3. The point source emissions were prepared/calculated in
accordance with the EPA guidance.
    4. The area source emissions are complete and in accordance with
the EPA guidance.
    5. Area source emissions were prepared/calculated in accordance
with the EPA guidance.
    6. Emission estimates for the non-road mobile source categories are
correctly based on the latest non-road mobile model or other
appropriate guidance and prepared in accordance with the EPA guidance.
    7. The method used to develop VMT estimates is in accordance with
the EPA guidance and was adequately described and documented in the
inventory report.
    8. The latest MOVES model was used in accordance with the EPA's
guidance.
    The 2007 base year inventory has been developed in accordance with
EPA guidance. Therefore, EPA is proposing to approve the 2007 base year
CO emission inventory. A more detailed discussion of how the emission
inventory was reviewed and the results of the review are presented in
the TSD. Detailed emission inventory development procedures can be
found in the following document: Emission Inventory Guidance for
Implementation of Ozone and Particulate Matter NAAQS and Regional Haze
Regulation, dated August 2005; Using MOVES to Prepare Emission
Inventories in State

Implementation Plans and Transportation Conformity: Technical Guidance
for MOVES2010, 2010a and 2010b, April 2012; and Example Documentation
Report for 1990 Base Year for Ozone and CO SIP Emissions Inventories,
March 1992. See Table 1 for a summary of 2007 CO peak winter season
daily emission estimates by source sector and by county for the NYNNJLI
CO area.

V. Why is New Jersey shutting down 5 CO Maintenance Monitors?

    In order to conserve resources, the State is seeking to discontinue
monitoring in Burlington, Freehold, Morristown, Perth Amboy, and East
Orange since current air quality levels do not warrant the additional
expense of running CO monitors in those areas. The State has committed
to continue CO monitoring in Camden and Elizabeth, and will reestablish
CO monitoring in Burlington, Freehold, Morristown, Perth Amboy, and
East Orange if air quality in Camden and Elizabeth degrade
significantly. The Camden and Elizabeth sites have been judged to be
representative of these 5 CO maintenance monitor sites and are thus
acting as their surrogate sites. Starting in the early 1970's, EPA has
set national standards that have considerably reduced emissions of CO
and other pollutants from motor vehicles, including tailpipe emissions,
new vehicle technologies, and clean fuels programs. Because of this,
the EPA believes that it is unlikely that the maintenance area will
exceed the CO NAAQS again. Thus, we believe that the revisions that New
Jersey has made to its maintenance plan will continue to protect the
citizens of New Jersey from high CO concentrations, and also conserve
resources. Additional detail can be seen in the accompanying TSD to
this notice.

VI. What action is the EPA proposing to take?

    The EPA has evaluated New Jersey's submittals for consistency with
the Act and Agency regulations and policy. The EPA is proposing to
approve New Jersey's CO limited maintenance plan because it meets the
requirements set forth in section 175A of the Act and continues to
demonstrate that the NAAQS for CO will continue to be met for the next
ten years. The EPA is also proposing to approve the 2007 Attainment/
Base Year CO emissions inventory. Finally, the EPA also proposes to
approve the shutdown of 5 CO maintenance monitors in New Jersey, since
CO monitoring will continue at other representative locations across
the State.
    The EPA views the SIP revisions proposed in today's proposal as
separable actions. This means that if the EPA receives adverse comments
on particular portions of this notice and not on other portions, the
EPA may choose not to take final action at the same time in a single
notice on all of these SIP revisions. Instead, the EPA may choose to
take final action on these SIP revisions in separate notices.
    Interested parties may participate in the Federal rulemaking
procedure by submitting written comments to the EPA Region 2 Office by
the method discussed in the ADDRESSES section of this action.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and the EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law. Thus, Executive
Order 13175 does not apply to this action.

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 14, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2016-06704 Filed 3-24-16; 8:45 am]
 BILLING CODE 6560-50-P