[Federal Register: December 5, 2008 (Volume 73, Number 235)]
[Rules and Regulations]
[Page 74027-74029]
[DOCID:fr05de08-9]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0788; FRL-8745-4]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
South Coast Air Quality Management District (SCAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
oxides of nitrogen (NOX) emissions from large water heaters
and small boilers and process heaters. We are approving a local rule
that regulates these emission sources under the Clean Air Act as
amended in 1990 (CAA or the Act).

DATES: This rule is effective on February 3, 2009 without further
notice, unless EPA receives adverse comments by January 5, 2009. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2008-0788], by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Idalia Perez, EPA Region IX, (415)
972-3248<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule we are approving with the dates that it was
adopted by the local air agency and submitted by the California Air
Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD.............................          1146.2  Emissions of Oxides of             05/05/06        03/07/08
                                                      Nitrogen From Large Water
                                                      Heaters and Small Boilers
                                                      and Process Heaters.
----------------------------------------------------------------------------------------------------------------

    On April 17, 2008, this rule submittal was found to meet the
completeness criteria in 40 CFR Part 51, Appendix V, which must be met
before formal EPA review.

B. Are there other versions of this rule?

    We approved a version of Rule 1146.2 into the SIP on April 8, 2002.
The SCAQMD adopted revisions to the SIP-approved version on January 7,
2005 and CARB submitted them to us on March 7, 2008. While we can act
on only the most recently submitted version, we have reviewed materials
provided with previous submittals.

C. What is the purpose of the submitted rule revision?

    NOX helps produce ground-level ozone, smog and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires States to submit regulations that
control NOX emissions. Rule 1146.2 regulates emissions of
oxides of nitrogen from large water heaters and small boilers and
process heaters. The amendment of the rule extends the NOX
emissions limits to smaller units, extended the compliance date for
units to meet NOX emissions and made a more stringent
emission limit for new units in the future. EPA's technical support
document (TSD) has more information about this rule.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and 182(f)), and must not relax existing
requirements (see sections 110(l) and 193). The South Coast Air Quality
Management District regulates an ozone nonattainment area (see 40 CFR
part 81), so Rule 1146.2 must fulfill RACT.
    Guidance and policy documents that we use to help evaluate
enforceability and RACT requirements consistently include the
following:
    1. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620,
November 25, 1992.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August
16, 1994).
    5. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    6. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
    7. ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers,''
EPA, March 1994.
    8. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control for Industrial, Institutional, and
Commercial Boilers, Steam Generators, and Process Heaters,'' CARB, July
18, 1991.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The TSD
has more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rule because we believe it fulfills all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rule. If we
receive adverse comments by January 5, 2009, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on February 3, 2009. This will incorporate this
rule into the federally enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the 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 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 Act;
and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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 EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 3, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.

    Dated: November 6, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(354)(i)(A)(4) to
read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (354) * * *
    (i) * * *
    (A) * * *
    (4) Rule 1146.2, ``Emissions of Oxides of Nitrogen From Large Water
Heaters and Small Boilers and Process Heaters,'' adopted on January 8,
1998 and amended on May 5, 2006.
* * * * *

 [FR Doc. E8-28725 Filed 12-4-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Page 67169]
[FR Doc No: 2011-28100]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project Nos. 14162-000; 14173-000; 14182-000; 14192-000]

 Solia 9 Hydroelectric LLC Riverbank Hydro No. 17 LLC Lock Hydro
Friends Fund XLI FFP Project 54 LLC; Notice of Competing Preliminary
Permit Applications Accepted for Filing and Soliciting Comments,
Motions To Intervene, and Competing Applications

    On May 2, 2011, Solia 9 Hydroelectric LLC (Solia), and Riverbank
Hydro No. 17 LLC (Riverbank), and on May 3, 2011, Lock Hydro Friends
Fund XLI (Lock Hydro), and FFP Project 54 LLC (FFP 54) filed
preliminary permit applications, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of a hydropower
project at the U.S. Army Corps of Engineers' (Corps) Tom Bevill Lock &
Dam, located on the Tombigbee River in Pickens County, Alabama. The
sole purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    Solia's Project No. 14162-000 would consist of: (1) A 150-foot-long
headrace intake channel; (2) a powerhouse containing two generating
units with a total capacity of 16.0 megawatt (MW); (3) a 179-foot-long
tailrace; (4) a 2.0-mile-long, 34.5 kilo-volt (kV) transmission line.
The proposed project would have an average annual generation of 75.0
gigawatt-hours (GWh), and operate run-of-river utilizing surplus water
from the Tom Bevill Lock & Dam, as directed by the Corps.
    Applicant Contact: Mr. Douglas Spaulding, Nelson Energy LLC, 8441
Wayzata Blvd., Suite 101, Golden Valley, MN 55426.<PHONE_NUMBER>.
    Riverbank's Project No. 14173-000 would consist of: (1) A forebay;
(2) an intake structure; (3) a powerhouse containing two generating
units with a total capacity of 20.2 MW; (4) a tailrace structure; and
(5) a 17.3-mile-long, 69 kV transmission line. The project would have
an estimated average annual generation of 72.6 GWh, and operate run-of-
river utilizing surplus water from the Tom Bevill Lock & Dam, as
directed by the Corps.
    Applicant Contact: Mr. Kuo-Bao Tong, Riverbank Power Corporation,
Royal Bank Plaza, South Tower, P.O. Box 166, 200 Bay Street, Suite
3230, Toronto, ON, Canada M5J2J4.<PHONE_NUMBER> x 154.
    Lock Hydro's Project No. 14182-000 would consist of: (1) One lock
frame modules, the frame module will be 109-feet long, 40-feet-high and
contain ten generating units with a total combined capacity of 15.0 MW;
(2) a new switchyard containing a transformer; and (3) a proposed 10.0-
mile-long, 115 kV transmission line to an existing distribution line.
The proposed project would have an average annual generation of 92.043
GWh, and operate run-of-river utilizing surplus water from the Tom
Bevill Lock & Dam, as directed by the Corps.
    Applicant Contact: Mr. Wayne F. Krouse, Hydro Green Energy, 5090
Richmond Avenue 390, Houston, TX 77056.<PHONE_NUMBER> x 709.
    FFP 54's Project No. 14192-000 would consist of: (1) A 350-foot-
long, 150-foot-wide approach channel; (2) a powerhouse, located on the
west side of the dam, containing two generating units with a total
capacity of 18.0 MW; (3) a 300-foot-long, 165-foot-wide tailrace; (4) a
7.2/69 KV substation; and (5) a 1.0-mile-long, 69 kV transmission line.
The proposed project would have an average annual generation of 72.0
GWh, which would be sold to a local utility. The project would operate
run-of-river and utilize flows released from the Tom Bevill Lock & Dam
and operate as directed by the Corps.
    Applicant Contact: Ms. Ramya Swaminathan, Free Flow Power Corp.,
239 Causeway Street, Suite 300, Boston, MA 02114.<PHONE_NUMBER>.
    FERC Contact: Michael Spencer<EMAIL_ADDRESS>(202) 502-
6093.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14162-000, P-14173-000, 14182-000, or P-
14192-000) in the docket number field to access the document. For
assistance, contact FERC Online Support.

    Dated: October 25, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-28100 Filed 10-28-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 31, 2009 (Volume 74, Number 146)]
[Proposed Rules]
[Page 38142-38143]
[DOCID:fr31jy09-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0504; Airspace Docket No. 09-AGL-7]

Proposed Amendment of Class E Airspace; Tioga, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Tioga, ND.
Additional controlled airspace is necessary to accommodate new Standard
Instrument Approach Procedures (SIAPs) at Tioga Municipal Airport,
Tioga, ND. This action also amends the geographic coordinates of Tioga
Municipal Airport. The FAA is taking this action to enhance the safety
and management of Instrument Flight Rules (IFR) operations for SIAPs at
Tioga Municipal Airport.

DATES: 0901 UTC. Comments must be received on or before September 14,
2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2009-0504/Airspace Docket No. 09-
AGL-7, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd, Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions

presented are particularly helpful in developing reasoned regulatory
decisions on the proposal. Comments are specifically invited on the
overall regulatory, aeronautical, economic, environmental, and energy-
related aspects of the proposal. Communications should identify both
docket numbers and be submitted in triplicate to the address listed
above. Commenters wishing the FAA to acknowledge receipt of their
comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. FAA-2009-0504/Airspace Docket No. 09-AGL-7.''
The postcard will be date/time stamped and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRM's
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by adding additional Class E airspace extending
upward from 700 feet above the surface for SIAPs operations at Tioga
Municipal Airport, Tioga, ND. This action would also amend the
geographic coordinates of Tioga Municipal Airport. Controlled airspace
is needed for the safety and management of IFR operations at the
airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9S, dated October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would add additional controlled airspace at Tioga Municipal
Airport, Tioga, ND.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for Part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9S, Airspace Designations and Reporting Points, dated October 3,
2008, and effective October 31, 2008, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AGL ND E5 Tioga, ND [Amended]

Tioga, Tioga Municipal Airport, ND
    (Lat. 48[deg]22[min]50[sec] N., long. 102[deg]53[min]53[sec] W.)
Minot AFB, ND
    (Lat. 48[deg]24[min]57[sec] N., long. 101[deg]21[min]29[sec] W.)
Williston VORTAC
    (Lat. 48[deg]15[min]12[sec] N., long. 103[deg]45[min]02[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Tioga Municipal Airport and within 4
miles either side of the 133[deg] bearing from the Tioga Municipal
Airport extending from the 6.7-mile radius to 10.2 miles southeast
of the airport; and that airspace extending upward from 1,200 feet
above the surface bounded on the north by latitude
49[deg]00[min]00[sec] N, on the east by the 47-mile radius of Minot
AFB, on the south by V-430, on the southwest by the 21.8-mile radius
of the Williston VORTAC, and on the west by the North Dakota/Montana
state boundary.
* * * * *

    Issued in Fort Worth, TX, on July 23, 2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-18244 Filed 7-30-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Notices]
[Page 19565]
[FR Doc No: 2022-07054]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-225, OMB Control No. 3235-0235]

Submission for OMB Review; Comment Request; Extension: Rule 17a-8

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange
Commission (the ``Commission'') has submitted to the Office of
Management and Budget (``OMB'') a request for extension of the
previously approved collection of information discussed below.
    Rule 17a-8 (17 CFR 270.17a-8) under the Investment Company Act of
1940 (the ``Act'') (15 U.S.C. 80a-1 et seq.) is entitled ``Mergers f
affiliated companies.'' Rule 17a-8 exempts certain mergers and similar
business combinations (``mergers'') of affiliated registered investment
companies (``funds'') from prohibitions under section 17(a) of the Act
(15 U.S.C. 80a-17(a)) on purchases and sales between a fund and its
affiliates. The rule requires fund directors to consider certain issues
and to record their findings in board minutes. The rule requires the
directors of any fund merging with an unregistered entity to approve
procedures for the valuation of assets received from that entity. These
procedures must provide for the preparation of a report by an
independent evaluator that sets forth the fair value of each such asset
for which market quotations are not readily available. The rule also
requires a fund being acquired to obtain approval of the merger
transaction by a majority of its outstanding voting securities, except
in certain situations, and requires any surviving fund to preserve
written records describing the merger and its terms for six years after
the merger (the first two in an easily accessible place).
    The average annual burden of meeting the requirements of rule 17a-8
is estimated to be 7 hours for each fund. The Commission staff
estimates that each year approximately 384 funds rely on the rule. The
estimated total average annual burden for all respondents therefore is
2,688 hours.
    The average cost burden of preparing a report by an independent
evaluator in a merger with an unregistered entity is estimated to be
$15,000. The average net cost burden of obtaining approval of a merger
transaction by a majority of a fund's outstanding voting securities is
estimated to be $100,000. The Commission staff estimates that each year
approximately 59 funds hold shareholder votes that would not otherwise
have held a shareholder vote. The total annual cost burden of meeting
these requirements is estimated to be $5,900,000.
    The estimates of average burden hours and average cost burdens are
made solely for the purposes of the Paperwork Reduction Act, and are
not derived from a comprehensive or even a representative survey or
study. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
    The public may view the background documentation for this
information collection at the following website, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
[email protected]; and (ii) David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John R.
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected]. Written comments and recommendations for the
proposed information collection should be sent within 30 days of
publication of this notice to www.reginfo.gov/public/do/PRAMain. Find
this particular information collection by selecting ``Currently under
30-day Review--Open for Public Comments'' or by using the search
function.

    Dated: March 30, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-07054 Filed 4-1-22; 8:45 am]
BILLING CODE 8011-01-P