[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Proposed Rules]
[Pages 71017-71019]
[FR Doc No: 2016-24773]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9159; Airspace Docket No. 13-AAL-7]

Proposed Establishment of Class E Airspace, Healy, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface at Healy River Airport, Healy,
AK, to support the development of Instrument Flight Rules (IFR)
operations under standard instrument approach and departure procedures
at the airport, and for the safety and management of controlled
airspace within the National Airspace System.

DATES: Comments must be received on or before November 28, 2016.

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; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2016-9159; Airspace Docket No. 13-

AAL-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 9:00 a.m. and
5:00 p.m., Monday through Friday, except federal holidays.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 20591; telephone: 202-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. 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 amend Class E airspace at Healy River Airport, Healy, AK.

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. Persons 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-2016-9159/
Airspace Docket No. 13-AAL-7.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

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 athttp://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by establishing Class E airspace extending
upward from 700 feet above the surface at Healy River Airport, Healy,
AK. This airspace is necessary to support the development of IFR
operations in standard instrument approach and departure procedures at
the airport. Class E airspace would be established within a 3.5-mile
radius of the Healy River Airport, with segments extending from the
3.5-mile radius to 11.5 miles northwest of the airport, and 10.5 miles
south of the airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. 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, would not have a
significant economic impact on a substantial number of small entities
under the

Environmental Review

    This proposal will criteria of the Regulatory Flexibility Act be
subject to an environmental analysis in accordance with FAA Order
1050.1F, ``Environmental Impacts: Policies and Procedures'' prior to
any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, 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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

AAL AK E5 Healy, AK [New]

Healy River Airport, Alaska
    (Lat. 63[deg]52'03'' N., long. 148[deg]58'08'' W.)

That airspace extending upward from 700 feet above the surface
within a 3.5-mile radius of Healy River Airport, and that airspace 2
miles either side of the 333[deg] bearing from the airport extending
from the 3.5 mile radius to 11.50 miles northwest of the airport,
and that airspace 0.6 miles west and 2.5 miles east of the 169[deg]
bearing from the airport extending from the 3.5 mile radius to 10.5
miles south of the airport.

    Issued in Seattle, Washington, on October 5, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-24773 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2386-2387]
[FR Doc No: 2013-00403]

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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: EC13-53-000.
    Applicants: LWP Lessee, LLC.
    Description: Amended Joint Application of LWP Lessee, LLC and TAQA
US Lakefield Holdings, LLC for Approval under Section 203 of the FPA
and Requests for Expedited Consideration and Confidential Treatment.
    Filed Date: 1/3/13.
    Accession Number: 20130103-5103.
    Comments Due: 5 p.m. ET 1/17/13.

    Docket Numbers: EC13-57-000.
    Applicants: Northampton Generating Company, L.P.
    Description: Supplement to the December 28, 2012 Application for
Authorization for Disposition of Jurisdictional Facilities of
Northampton Generating Company, L.P.
    Filed Date: 1/3/13.
    Accession Number: 20130103-5053.
    Comments Due: 5 p.m. ET 1/18/13.

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

    Docket Numbers: ER12-36-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits Refund Report under protest in
compliance with the November 20, 2012 Commission Order.
    Filed Date: 1/4/13.
    Accession Number: 20130104-5025.
    Comments Due: 5 p.m. ET 1/25/13.

    Docket Numbers: ER12-2484-001.
    Applicants: LVI Power, LLC.
    Description: LVI Power, LLC submits Notice of Change of company
address and update of company ownership.
    Filed Date: 1/3/13.
    Accession Number: 20130103-5065.
    Comments Due: 5 p.m. ET 1/24/13.

    Docket Numbers: ER13-37-000; ER13-37-001; ER13-38-000
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: The Midwest Independent Transmission System Operator,
Inc submits Deficiency Response to the Commission's December 4, 2012
Letter regarding Proposed SSR Agreement and Associated Rate Schedule
for the City of Escanaba, MI.
    Filed Date: 1/3/13.
    Accession Number: 20130103-5096.
    Comments Due: 5 p.m. ET 1/24/13.

    Docket Numbers: ER13-695-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3454; Queue No. X1-094
to be effective 12/5/2012.
    Filed Date: 1/3/13.
    Accession Number: 20130103-5034.
    Comments Due: 5 p.m. ET 1/24/13.

    Docket Numbers: ER13-696-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3455; Queue No. X4-012
to be effective 12/5/2012.
    Filed Date: 1/3/13.
    Accession Number: 20130103-5043.
    Comments Due: 5 p.m. ET 1/24/13.

    Docket Numbers: ER13-697-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original SA No. 3281 in
Docket No. ER12-1746-000 to be effective 12/17/2012.
    Filed Date: 1/3/13.
    Accession Number: 20130103-5044.
    Comments Due: 5 p.m. ET 1/24/13.

    Docket Numbers: ER13-698-000.
    Applicants: Southard Energy Partners LLC.
    Description: Southard Energy Partners LLC, FERC Electric Tariff to
be effective 2/11/2013.
    Filed Date: 1/3/13.
    Accession Number: 20130103-5073.
    Comments Due: 5 p.m. ET 1/24/13.

    Docket Numbers: ER13-699-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2013-01-03 Tariff Amendment--Black Start and System
Restoration Plan to be effective 4/3/2013.
    Filed Date: 1/3/13.
    Accession Number: 20130103-5074.
    Comments Due: 5 p.m. ET 1/24/13.

    Docket Numbers: ER13-700-000.
    Applicants: AV Solar Ranch 1, LLC.
    Description: Request for Category 1 Seller Status and Revised
Market-Based Rate Tariff to be effective 1/4/2013.
    Filed Date: 1/3/13.
    Accession Number: 20130103-5075.
    Comments Due: 5 p.m. ET 1/24/13.

    Docket Numbers: ER13-701-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: The Midwest Independent Transmission System Operator,
Inc. submits Notice of Termination of Generator Interconnection
Agreement for Project No. G517.
    Filed Date: 1/3/13.
    Accession Number: 20130103-5090.
    Comments Due: 5 p.m. ET 1/24/13.

    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: January 4, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-00403 Filed 1-10-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 15, 2010 (Volume 75, Number 135)]
[Proposed Rules]
[Page 41121-41123]
[DOCID:fr15jy10-23]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 257, 261, 264, 265, 268, 271 and 302

[EPA-HQ-RCRA-2009-0640; FRL-9175-4]
RIN 2050-AE81

Hazardous and Solid Waste Management System; Identification and
Listing of Special Wastes; Disposal of Coal Combustion Residuals From
Electric Utilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Announcement of public hearings.

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SUMMARY: On June 21, 2010, EPA proposed to regulate the disposal of
coal combustion residuals generated from the combustion of coal at
electric utilities and by independent power producers. Given the
significant public interest in this proposed rule and to further public
participation opportunities, EPA is announcing five public hearings to
be held in cities across the United States. The hearings will provide
the public with an opportunity to present data, views or arguments
concerning the proposed rule. The public hearings will take place in
Arlington, Virginia; Denver, Colorado; Dallas, Texas; Charlotte, North
Carolina; and Chicago, Illinois.

DATES: A public hearing will be conducted in Arlington, Virginia, on
August 30, 2010; Denver, Colorado, on

September 2, 2010; Dallas, Texas, on September 8, 2010; Charlotte,
North Carolina, on September 14, 2010; and Chicago, Illinois, on
September 16, 2010. Persons who wish to present oral testimony at one
or more of the public hearings must preregister at least three business
days prior to the hearing. The last day to preregister will be August
25, 2010, for the Arlington, Virginia, public hearing; August 30, 2010,
for the Denver, Colorado, public hearing; September 2, 2010, for the
Dallas, Texas, public hearing; September 9, 2010, for the Charlotte,
North Carolina, public hearing; and September 13, 2010, for the
Chicago, Illinois, public hearing. The preregistration cut-off time is
5 p.m. Eastern Daylight Time (EDT) on the final day of preregistration
for the five public hearings. See SUPPLEMENTARY INFORMATION for
information on how to register.

ADDRESSES: The public hearings will be held at the following locations:

Arlington, VA--August 30, 2010, Hyatt Regency, 2799 Jefferson Davis
Highway, Arlington, VA 22202, Phone:<PHONE_NUMBER>, http://
www.crystalcity.hyatt.com.
Denver, CO--September 2, 2010, Grand Hyatt, 1750 Welton Street, Denver,
CO 80202, Phone:<PHONE_NUMBER>, http://www.granddenver.hyatt.com.
Dallas, TX--September 8, 2010, Hyatt Regency Dallas, 300 Reunion
Boulevard, Dallas, TX 75207, Phone:<PHONE_NUMBER>, http://
www.dallasregency.hyatt.com.
Charlotte, NC--September 14, 2010, Holiday Inn Charlotte (Airport),
2707 Little Rock Road, Charlotte, NC 28214, Phone:<PHONE_NUMBER>,
http://www.hicharlotteairport.com.
Chicago, IL--September 16, 2010, Hilton Chicago, 720 South Michigan
Avenue, Chicago, IL 60605, Phone:<PHONE_NUMBER>, http://
www.chicagohilton.com/hotels__hiltonchicago.aspx.

    For additional details on the public hearings please see
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning the
public hearing, please contact Bonnie Robinson, Office of Resource
Conservation and Recovery, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Mailcode 5304P, Washington, DC 20460; telephone
number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>or
Elaine Eby, Office of Resource Conservation and Recovery, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Mailcode
5304P, Washington, DC 20460; telephone number<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>Questions concerning the proposed rule
should be addressed to. Alexander Livnat, Office of Resource
Conservation and Recovery, U.S. Environmental Protection Agency, 5304P;
1200 Pennsylvania Ave., NW., Washington DC 20460, telephone number:
(703) 308-7251, e-mail address<EMAIL_ADDRESS>or Steve
Souders, Office of Resource Conservation and Recovery, U.S.
Environmental Protection Agency, 5304P; 1200 Pennsylvania Ave., NW.,
Washington DC 20460, telephone number:<PHONE_NUMBER>, e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The proposed rule was published in the
Federal Register on June 21, 2010 (75 FR 35128). Additional information
on the proposed rule can be found at http://www.epa.gov/coalashrule.
(Note: The Agency will shortly be publishing in the Federal Register
several administrative corrections that are needed to the June 21, 2010
print publication of the proposed rule. An unofficial pre-publication
version of the corrected proposed rule and a summary of the
administrative corrections made to the rule is available at http://
www.epa.gov/coalashrule in the meantime.)
    On June 21, 2010, EPA proposed to establish regulatory requirements
applicable to the disposal of coal combustion residuals, commonly known
as coal ash, generated from the combustion of coal at electric
utilities and by independent power producers. These regulations were
proposed under the authority of sections 1008(a), 2002(a), 3001, 3004,
3005, and 4004 of the Solid Waste Disposal Act of 1970, as amended by
the Resource Conservation and Recovery Act of 1976 (RCRA), as amended
by the Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C.
6907(a), 6912(a), 6921,6924, 6925 and 6944. These statutes, combined,
are commonly referred to as ``RCRA.'' Several of these statutory
provisions require that EPA offer the public an ``opportunity for a
hearing'' as part of the process for adopting a final requirement. See,
e.g., 42 U.S.C. 6907(a), 6921(b)(1)(C)(3)(C).
    To date, EPA has received a submission requesting multiple hearings
on the proposed rule, and given the significant public interest in this
rule, EPA is announcing five public hearings to be held in cities
across the United States. The public hearings will provide interested
parties the opportunity to present data, views, or arguments concerning
the proposed rule. EPA may ask clarifying questions during the oral
presentations, but will not respond formally to any comments or the
presentations made.
    Each public hearing will consist of three sessions, a morning
session starting at 10 a.m. (local time) and ending at noon, an
afternoon session starting at 1 p.m., and ending at 5 p.m., and an
evening session beginning at 6:30 and ending at 9 p.m. or later, if
necessary, depending on the number of speakers that preregister for the
hearing.
    If you would like to present oral testimony at the hearing, please
preregister at the following Web site: http://www.epa.gov/epawaste/
nonhaz/industrial/special/fossil/ccr-rule/ccr-form.htm. If you would
like to present oral testimony and are unable to preregister at this
Web site, please contact either Bonnie Robinson or Elaine Eby at the
addresses given above under FOR FURTHER INFORMATION CONTACT prior to
the close of the preregistration period. Note that you only need to
preregister if you wish to present oral testimony. That is, you do not
have to preregister in order to observe the public hearing or to submit
only a written statement (see below). The Agency encourages, however,
all persons planning to attend one or more of the public hearings to
preregister for it, which will facilitate the planning of the event. As
noted above, preregistration closes at 5 p.m. EDT three business days
prior to each public hearing. If you do not preregister by the deadline
and wish to provide oral testimony, EPA may allow, if time permits,
some or all unregistered persons to present oral testimony at the
public hearing. EPA will consider such requests on a first-come, first-
served basis on the day of the public hearing, according to the time
available.
    If you wish to submit only a written statement at the public
hearing (that is, you do not want to present oral testimony), EPA
officials will accept such written statements at the morning,
afternoon, and evening sessions. EPA will place such statements in the
docket to the rulemaking and will consider your statement as part of
the rulemaking record. You do not need to preregister for the hearing
if you wish only to submit a written statement; however, as previously
stated, preregistration is encouraged.
    Oral testimony will be limited to 3 minutes for each person to
address the proposed rule. We will not be providing equipment for
persons to show overhead slides or make computerized slide
presentations. EPA encourages each person to provide two copies of

their oral testimony either electronically or computer disk, CD-ROM, or
paper copy at the public hearing. Verbatim transcripts of the public
hearings and written statements will be included in the docket to this
rulemaking.
    Any person needing special accommodations at the public hearings,
including wheelchair access or sign language translation, should
contact Bonnie Robinson or Elaine Eby at the addresses given above
under FOR FURTHER INFORMATION CONTACT at least five business days in
advance of the public hearing.
    Finally, in addition to today's public hearing announcement, EPA
will be maintaining a Web site providing the most up-to-date
information on these public hearings. See http://www.epa.gov/epawaste/
nonhaz/industrial/special/fossil/ccr-rule/ccr-hearing.htm. Those
persons planning to participate in the public hearing process, either
by providing oral testimony or observing the hearing, are urged to
visit this Web site at least two days prior to the date of the each
public hearing to determine if there are any relevant announcements or
changes related to the hearing.

    Dated: July 8, 2010.
Suzanne Rudzinski,
Acting Director, Office of Resource Conservation and Recovery.
[FR Doc. 2010-17143 Filed 7-14-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Notices]
[Page 42546]
[FR Doc No: 2012-17570]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Funding Availability for the Small Business
Transportation Resource Center Program

AGENCY: Department of Transportation (DOT), Office of the Secretary of
Transportation (OST), Office of Small and Disadvantaged Business
Utilization (OSDBU).

ACTION: Notice of Funding Availability; Extension of closing and award
dates.

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SUMMARY: This action extends the closing and award dates for a Notice
of Funding Availability for the Small Business Transportation Resource
Center that was published on June 15, 2012, 77 FR 36034. USDOT OSDBU is
extending the closing date to allow eligible entities time to
adequately submit a proposal.

DATES: The submission period for the Notice of Funding Availability
published on June 15, 2012 closing on July 16, 2012 is extended until
July 31, 2012, 5 p.m. Eastern Standard Time. Also, the notice of award
for the competed region on or before August 13, 2012 is extended until
August 16, 2012.

ADDRESSES: Proposals must be electronically submitted to OSDBU via
email at<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, contact Ms. Patricia Martin, U.S. Department of
Transportation, Office of Small and Disadvantaged Business Utilization,
1200 New Jersey Avenue SE., W56-462, Washington, DC, 20590. Telephone:
1-800-532-1169. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the June 15, 2012 document (Notice No.
USDOT-OST-OSDBU-SBTRC2012-10; Docket Number: DOT-OST-2009-0092), the
Department of Transportation (DOT), Office of the Secretary (OST),
Office of Small and Disadvantaged Business Utilization (OSDBU)
announces the opportunity for; (1) Business centered community-based
organizations; (2) transportation-related trade associations; (3)
colleges and universities; (4) community colleges or; (5) chambers of
commerce, registered with the Internal Revenue Service as 501 C(6) or
501 C(3) tax-exempt organizations, to compete for participation in
OSDBU's Small Business Transportation Resource Center (SBTRC) program
in the Central Region.

    Issued in Washington, DC on July 12, 2012.
Brandon Neal,
Director, Office of Small and Disadvantaged Business Utilization,
Office of the Secretary, U.S. Department of Transportation.
[FR Doc. 2012-17570 Filed 7-18-12; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Page 95131]
[FR Doc No: 2016-31094]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. Cp16-498-000; Pf16-4-000]

Columbia Gas Transmission, LLC; Notice of Schedule for
Environmental Review of the B-System Project

    On September 9, 2016, Columbia Gas Transmission, LLC (Columbia)
filed an application in Docket No. CP16-498-000 requesting a
Certificate of Public Convenience and Necessity pursuant to Sections
7(b) and 7(c) of the Natural Gas Act to abandon, construct, and operate
certain natural gas pipeline facilities. The proposed project is known
as the B-System Project (Project), and would modernize and upgrade
Columbia's B-System pipelines by replacing and abandoning old pipeline
as well as constructing new pipeline and appurtenant facilities in
Fairfield and Franklin Counties, Ohio.
    On September 21, 2016, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the Project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the Project.

Schedule for Environmental Review

Issuance of EA--March 13, 2017
90-day Federal Authorization Decision Deadline--June 11, 2017

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    Columbia would abandon in place approximately 17.5 miles of its
Line B-105; replace 14.0 miles of its Line B-111; replace 0.1 mile of
its Line B-121; replace 0.5 mile of its Line B-130; construct 7.6 miles
of new pipeline Line K-270 and appurtenant facilities; and modify
various point of delivery and point of receipt customer interconnects
in Fairfield and Franklin Counties, Ohio.

Background

    On May 6, 2016, the Commission issued a Notice of Intent to Prepare
an Environmental Assessment for the Proposed B-System Project and
Request for Comments on Environmental Issues (NOI). The NOI was issued
during the pre-filing review of the Project in Docket No. PF16-4-000
and was sent to affected landowners; federal, state, and local
government agencies; elected officials; environmental and public
interest groups; Native American tribes; other interested parties; and
local libraries and newspapers. In response to the NOI, the Commission
received comments from one U.S. representative, three Ohio state
representatives, the U.S. Fish and Wildlife Service, the Miami Tribe of
Oklahoma, the Ohio Department of Natural Resources, Columbia Gas of
Ohio, Inc., and four landowners. The primary issues raised by the
commentors are pipeline route alternatives, pollinator habitat,
endangered species, migratory birds, and methods of pipe abandonment.
    The Ohio Department of Natural Resources is a cooperating agency in
the preparation of the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC Web site (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP16-498), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
Web site also provides access to the texts of formal documents issued
by the Commission, such as orders, notices, and rule makings.

    Dated: December 20, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-31094 Filed 12-23-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Notices]
[Pages 42115-42122]
[FR Doc No: 2013-16856]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30594; 812-13941]

NGAM Advisors, LP, et al.; Notice of Application

July 9, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (``Act'') for an exemption from sections
2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act and rule 22c-1 under the
Act, under sections 6(c) and 17(b) of the Act for an exemption from
sections 17(a)(1) and (a)(2) of the Act, and under section 12(d)(1)(J)
of the Act for an exemption from sections 12(d)(1)(A) and (B) of the
Act.

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Applicants: NGAM Advisors, LP (``NGAMA'' or the ``Adviser''), Natixis
ETF Trust (the ``Trust'') and NGAM Distribution, LP (``NGAMD'' or the
``Distributor'').

Summary of Application: Applicants request an order that permits: (a)
Series of certain actively managed open-end management investment
companies to issue exchange-traded shares (``Shares'') redeemable in
large aggregations only (``Creation Units''); (b) secondary market
transactions in Shares to occur at negotiated market prices; (c)
certain series to pay redemption proceeds, under certain circumstances,
more than seven days after the tender of Shares for redemption; (d)
certain affiliated persons of the series to deposit securities into,
and receive securities from, the series in connection with the purchase
and redemption of Creation Units (collectively, the ``ETF Relief'');
and (e) certain registered management investment companies and unit
investment trusts outside of the same group of investment companies as
the series to acquire Shares (the ``12(d)(1) Relief'').

DATES: Filing Dates: The application was filed on August 15, 2011, and
amended on February 8, 2012, July 16, 2012, December 4, 2012, and May
23, 2013.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by 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 August 5, 2013, 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: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants: c/
o Coleen Downs Dineen, NGAM Advisors, L.P., 399 Boylston Street,
Boston, MA 02116-9848.

FOR FURTHER INFORMATION CONTACT: Jaea F. Hahn, Senior Counsel, at (202)
551-6870 or Jennifer L. Sawin, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Exemptive Applications 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 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 a Massachusetts business trust and will be
registered as an open-end management investment company under the Act.
The Trust is authorized to offer an unlimited number of series, and
will create Funds (defined below) that will operate pursuant to the
terms and conditions of the application. It is anticipated that the
initial Fund will be a foreign equity fund whose investment objective
is to seek long-term capital growth.
    2. NGAMA, a Delaware partnership, is registered with the Commission
as an investment adviser under the Investment Advisers Act of 1940
(``Advisers Act''). NGAMA or an entity controlling, controlled by or
under common control with NGAMA (each, together with any successor
thereto, included as an ``Adviser'') will serve as investment adviser
to each Fund.\1\ An Adviser may retain one or more sub-advisers (each,
a ``Sub-Adviser'') for a Fund. Any Adviser and any Sub-Adviser is or
will be registered under the Advisers Act or, in the case of a Sub-
Adviser, not subject to such registration.
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    \1\ For the purposes of the application, a ``successor'' is
limited to an entity that would result from reorganization into
another jurisdiction or a change in the type of business
organization.
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    3. NGAMD, a Delaware partnership and an affiliate of NGAMA, is a
broker-dealer registered under the Securities Exchange Act of 1934
(``Exchange Act'') that will act as the distributor and principal
underwriter of the Funds.\2\ The Distributor will be identified as such
in the current prospectus of each Fund (``Prospectus'') and will comply
with the terms of the application.
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    \2\ In the future, another broker-dealer registered under the
Exchange Act may act as distributor and principal underwriter
(included in the term ``Distributor''). No Distributor, Fund, Trust,
Adviser, or Sub-Adviser will be affiliated with any Listing Market.
A ``Listing Market'' is a national securities exchange, as defined
in section 2(a)(26) of the Act, on which Shares of a Fund trade at
negotiated prices in the secondary market.
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    4. Applicants request that the ETF Relief apply to future series of
the Trust or of other open-end management investment companies that may
be created in the future that are actively- managed exchange-traded
funds (``ETFs'') that (i) primarily invest in debt and equity
securities, including shares of other investment companies, (ii) are
advised by an Adviser, and (iii) comply with the terms and conditions
of the ETF Relief (such ETFs, individually, a ``Fund'' and
collectively, the ``Funds'').\3\ Each Fund will have distinct
investment strategies that are different from those of other Funds.
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    \3\ All entities that currently intend to rely on the order are
named as applicants. Any other entity that relies on the order in
the future will comply with the terms and conditions of the
application.
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    5. Applicants also request that the 12(d)(1) Relief, exempting
certain transactions from Sections 12(d)(l)(A) and 12(d)(l)(B) of the
Act, and under Sections 6(c) and 17(b) of the Act exempting certain
transactions from Section 17(a) of the Act, apply to (i) the Funds and
to (ii) series of the Trust or of other open-end management investment
companies that operate as ETFs whose portfolio securities will be
selected to correspond generally to the price and yield performance of
a specified index and are advised by an Adviser (``Index Series''),\4\
(iii) Acquiring Funds,\5\ and (iv) any principal underwriter of a Fund
or any broker-dealer registered under the Securities Exchange Act of
1934, as amended (``Exchange Act'') selling Shares to Acquiring Funds
(``Brokers'').\6\ Acquiring Funds do not include Funds.
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    \4\ For purposes of the requested 12(d)(1) Relief, Index Series
are included as Funds.
    \5\ An ``Acquiring Fund'' is a registered management investment
company or unit investment trust that is not advised or sponsored by
the Adviser or an entity controlling, controlled by or under common
control with the Adviser, and not part of the same ``group of
investment companies'' as defined in Section 12(d)(l)(G)(ii) of the
Act as the Funds. Each Acquiring Fund relying on the 12(d)(1) Relief
to invest in a Fund will enter into an ``Acquiring Fund Agreement''
(defined below) with the Fund. An Acquiring Fund may rely on the
order only to invest in Funds and not in any other registered
investment company.
    \6\ Any future principal underwriter of a Fund will be a broker-
dealer registered under the Exchange Act and will comply with the
terms and conditions of the application.
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    6. Each Fund will attempt to achieve its investment objective by
utilizing an ``active'' management strategy based on investments in
equity and debt securities, as appropriate, including shares of other
open-end and/or closed-end investment companies and/or ETFs.\7\ If a
Fund invests in derivatives, then (a) the Fund's Board will
periodically review and approve the Fund's use of derivatives and how
the Fund's investment adviser assesses and manages risk with respect to
the Fund's use of derivatives and (b) the Fund's disclosure of its use
of derivatives in its offering documents and periodic reports

will be consistent with relevant Commission and staff guidance. Funds
may invest in ``Depositary Receipts''. A Fund will not invest in any
Depositary Receipts that the Adviser or any Sub-Adviser deems to be
illiquid or for which pricing information is not readily available.\8\
The Funds may invest in equity securities or fixed income securities
traded in the U.S. or non-U.S. markets. Funds that invest in equity and
fixed income securities traded in the U.S. market are ``Domestic
Funds.'' Funds that invest in equity securities or fixed income
securities traded in the U.S. or non-U.S. markets are ``Global Funds''.
Funds that invest solely in foreign equity and foreign fixed income
securities are ``Foreign Funds''.
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    \7\ In no case, however, will such a Fund rely on the exemption
from section 12(d)(1) being requested in the application.
    \8\ Depositary Receipts are typically issued by a financial
institution, a ``Depository'', and evidence ownership in a security
or pool of securities that have been deposited with the Depositary.
No affiliated persons of Applicants, or of any Adviser, Fund, or
Sub-Adviser, will serve as Depository for any Depositary Receipts
held by a Fund.
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    7. Shares of each Fund will be issued in Creation Units of 25,000
or more Shares and Applicants anticipate that the price of a Share will
range from $20 to $200. All orders to purchase Creation Units must be
placed with the Distributor by or through a participant in the
Depository Trust Company (``DTC Participant'') that has entered into a
``Participant Agreement'' with the Distributor (an ``Authorized
Participant'').\9\ Purchase orders for Shares will be processed either
through a manual clearing process (the ``DTC Process'') or through an
enhanced clearing process (``the NSCC Process'') available only to
those DTC Participants that also are participants in the Continuous Net
Settlement (``CNS'') System of the National Securities Clearing
Corporation (``NSCC''), a clearing agency registered with the
Commission and affiliated with DTC.
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    \9\ DTC Participants may include broker-dealers, banks, trust
companies and clearing companies.
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    8. Shares will be purchased and redeemed in Creation Units and
generally on an in-kind basis. Except where the purchase or redemption
will include cash under the limited circumstances specified below,
purchasers will be required to purchase Creation Units by making an in-
kind deposit of specified instruments (``Deposit Instruments''), and
shareholders redeeming their Shares will receive an in-kind transfer of
specified instruments (``Redemption Instruments'').\10\ On any given
Business Day \11\ the names and quantities of the instruments that
constitute the Deposit Instruments and the names and quantities of the
instruments that constitute the Redemption Instruments will be
identical, and these instruments may be referred to, in the case of
either a purchase or redemption, as the ``Creation Basket.'' In
addition, the Creation Basket will correspond pro rata to the positions
in a Fund's portfolio (including cash positions),\12\ except: (a) In
the case of bonds, for minor differences when it is impossible to break
up bonds beyond certain minimum sizes needed for transfer and
settlement, (b) for minor differences when rounding is necessary to
eliminate fractional shares or lots that are not tradeable round lots;
\13\ or (c) TBA Transactions,\14\ short positions in securities
(``Short Positions'') and other positions that cannot be transferred in
kind \15\ will be excluded from the Creation Basket.\16\ If there is a
difference between the net asset value (``NAV'') attributable to a
Creation Unit and the aggregate market value of the Creation Basket
exchanged for the Creation Unit, the party conveying instruments with
the lower value will also pay to the other an amount in cash equal to
that difference (the ``Balancing Amount'').
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    \10\ The Funds must comply with the federal securities laws in
accepting Deposit Instruments and satisfying redemptions with
Redemption Instruments, including that the Deposit Instruments and
Redemption Instruments are sold in transactions that would be exempt
from registration under the Securities Act of 1933 (``Securities
Act''). In accepting Deposit Instruments and satisfying redemptions
with Redemption Instruments that are restricted securities eligible
for resale pursuant to Rule 144A under the Securities Act, the Funds
will comply with the conditions of Rule 144A.
    \11\ Each Fund will sell and redeem Creation Units on any day
the Trust is open for business, including as required by section
22(e) of the Act (each, a ``Business Day'').
    \12\ The portfolio used for this purpose will be the same
portfolio used to calculate the Fund's NAV for that Business Day.
    \13\ A tradeable round lot for a security will be the standard
unit of trading in that particular type of security in its primary
market.
    \14\ A TBA Transaction is a method of trading mortgage-backed
securities. In a TBA Transaction, the buyer and seller agree on
general trade parameters such as agency, settlement date, par amount
and price. The actual pools delivered are determined two days prior
to the settlement date.
    \15\ This includes instruments that can be transferred in kind
only with the consent of the original counterparty to the extent the
Fund does not intend to seek such consents.
    \16\ Because these instruments will be excluded from the
Creation Basket, their value will be reflected in the determination
of the Balancing Amount (defined below).
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    9. Purchases and redemptions of Creation Units may be made in whole
or in part on a cash basis, rather than in kind, solely under the
following circumstances: (a) To the extent there is a Balancing Amount,
as described above; (b) if, on a given Business Day, a Fund announces
before the open of trading that all purchases, all redemptions or all
purchases and redemptions on that day will be made entirely in cash;
(c) if, upon receiving a purchase or redemption order from an
Authorized Participant, the Fund determines to require the purchase or
redemption, as applicable, to be made entirely in cash; \17\ (d) if, on
a given Business Day, the Fund requires all Authorized Participants
purchasing or redeeming Shares on that day to deposit or receive (as
applicable) cash in lieu of some or all of the Deposit Instruments or
Redemption Instruments, respectively, solely because: (i) Such
instruments are not eligible for transfer through either the NSCC
Process or the DTC Process; or (ii) in the case of Global Funds or
Foreign Funds, such instruments are not eligible for trading due to
local trading restrictions, local restrictions on securities transfers
or other similar circumstances; or (e) if the Fund permits an
Authorized Participant to deposit or receive (as applicable) cash in
lieu of some or all of the Deposit Instruments or Redemption
Instruments, respectively, solely because: (i) Such instruments are, in
the case of the purchase of a Creation Unit, not available in
sufficient quantity; (ii) such instruments are not eligible for trading
by an Authorized Participant or the investor on whose behalf the
Authorized Participant is acting; or (iii) a holder of Shares of a
Global Fund or Foreign Fund would be subject to unfavorable income tax
treatment if the holder receives redemption proceeds in kind.\18\
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    \17\ In determining whether a particular Fund will sell or
redeem Creation Units entirely on a cash or in-kind basis (whether
for a given day or a given order), the key consideration will be the
benefit that would accrue to the Fund and its investors. For
instance, in bond transactions, the Adviser may be able to obtain
better execution than Share purchasers because of the Adviser's
size, experience and potentially stronger relationships in the fixed
income markets. Purchases of Creation Units either on an all cash
basis or in-kind are expected to be neutral to the Funds from a tax
perspective. In contrast, cash redemptions typically require selling
portfolio holdings, which may result in adverse tax consequences for
the remaining Fund shareholders that would not occur with an in-kind
redemption. As a result, tax considerations may warrant in-kind
redemptions.
    \18\ A ``custom order'' is any purchase or redemption of Shares
made in whole or in part on a cash basis in reliance on clause
(e)(i) or (e)(ii).
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    10. Each Business Day, before the open of trading on that Fund's
Listing Market, each Fund will cause to be published through the NSCC
the names and quantities of the instruments comprising the Creation
Basket, as well as the estimated Balancing Amount (if any), for that
day. The published Creation Basket will apply until a new Creation
Basket is announced on the following Business Day, and there will

be no intra-day changes to the Creation Basket except to correct errors
in the published Creation Basket. The Listing Market will disseminate
every 15 seconds throughout its regular trading hours the Fund's
estimated NAV, which is an amount per Share representing the current
value of the Fund's Portfolio Positions.
    11. An investor purchasing or redeeming a Creation Unit from a Fund
may be charged a fee (``Transaction Fee'') to protect existing
shareholders of the Funds from the dilutive costs associated with the
purchase and redemption of Creation Units.\19\ All orders to purchase
Creation Units must be placed with the Distributor by or through an
Authorized Participant and the Distributor will transmit all purchase
orders to the relevant Fund. The Distributor will maintain a record of
Creation Units purchases and will send confirmations of such purchases.
The Distributor will coordinate the production and distribution of
Prospectuses to broker-dealers. Applicants will arrange for dealers
selling Shares in the secondary market to provide purchasers with a
Prospectus.
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    \19\ Higher transaction fees may be assessed for investors
purchasing or redeeming in cash, or for investors purchasing or
redeeming through the DTC Process than through the NSCC Process due
to the higher fees charged to the Fund by DTC.
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    12. Shares will be listed on the Listing Market and traded at
prices based on a current bid-offer market.\20\ No secondary sales will
be made to brokers or dealers at a concession by the Distributor or by
a Fund. Transactions involving the sale of Shares on the Listing
Market, which will not involve a Fund, will be subject to customary
brokerage commissions and charges.
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    \20\ If Shares are listed on Nasdaq or a similar electronic
Listing Market (including NYSE Arca), one or more member firms of
that Listing Market will act as market maker (``Market Maker'') and
maintain a market for Shares trading on the Listing Market. On
Nasdaq, no particular Market Maker would be contractually obligated
to make a market in Shares. However, the listing requirements on
Nasdaq, for example, stipulate that at least two Market Makers must
be registered in Shares to maintain a listing. In addition, on
Nasdaq and NYSE Arca, registered Market Makers are required to make
a continuous two-sided market or subject themselves to regulatory
sanctions. No Market Maker will be an affiliated person, or an
affiliated person of an affiliated person, of the Funds, except
within Section 2(a)(3)(A) or (C) of the Act due to ownership of
Shares, as described below.
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    13. Applicants expect that purchasers of Creation Units will
include institutional investors and arbitrageurs. Applicants expect
that arbitrage opportunities created by the ability to continually
purchase or redeem Creation Units at their NAV per Share should ensure
that the Shares will not trade in the secondary market at a material
discount or premium in relation to their NAV. Applicants expect that
secondary market purchasers of Shares will include both institutional
and retail investors.
    14. Shares will not be individually redeemable and owners of Shares
may acquire those Shares from a Fund, or tender such shares for
redemption to the Fund, in Creation Units only. To redeem, an investor
must accumulate enough Shares to constitute a Creation Unit. As
discussed above, redemptions of Creation Units may be made in whole or
in part on a cash basis, rather than in kind, solely pursuant to the
procedures discussed in section III.B.1 of the application.
    15. The Trust will not, nor will any Fund, be marketed or otherwise
held out as a ``mutual fund.'' Instead, each Fund will be marketed as
an ``actively-managed exchange-traded fund.'' All marketing materials
that describe the features or method of obtaining, buying or selling
Creation Units, or Shares traded on the Listing Market, or refer to
redeemability, will prominently disclose that Shares are not
individually redeemable.
    16. The Funds' Web site, which will be publicly available at no
charge, will include the Prospectus and additional quantitative
information updated on a daily basis, including, on a per Share basis
for each Fund, the prior Business Day's NAV and the market closing
price or mid-point of the bid/ask spread at the time of the calculation
of such NAV (``Bid/Ask Price''), and a calculation of the premium or
discount of the market closing price or Bid/Ask Price against such NAV.
On each Business Day, before commencement of trading in Shares on a
Fund's Listing Market, the Fund will disclose on its Web site the
identities and quantities of the securities and other assets and
positions (including Short Positions) (together, the ``Portfolio
Positions'') held by the Fund that will form the basis for the Fund's
calculation of NAV at the end of that Business Day.\21\
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    \21\ Under accounting procedures followed by the Funds, trades
made on the prior Business Day (``T'') will be booked and reflected
in NAV on the current Business Day (``T+1''). Accordingly, the Funds
will be able to disclose at the beginning of the Business Day the
portfolio that will form the basis for the NAV calculation at the
end of the Business Day.
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Applicants' Legal Analysis

    1. Applicants request an order under section 6(c) of the Act for an
exemption from sections 2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act
and rule 22c-1 under the Act, under sections 6(c) and 17(b) of the Act
for an exemption from sections 17(a)(1) and 17(a)(2) of the Act, and
under section 12(d)(1)(J) of the Act for an exemption from sections
12(d)(1)(A) and (B) of the Act.
    2. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction, or any class of persons,
securities or transactions, from any provisions of the Act, if and to
the extent that 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.
Section 17(b) of the Act provides that the Commission may approve the
sale of securities to an investment company and the purchase of
securities from an investment company, in both cases by an affiliated
person of such company, if the Commission finds that the terms of the
transaction, including the consideration to be paid or received, are
reasonable and fair and do not involve overreaching on the part of any
person concerned, and the proposed transaction is consistent with the
policies of each registered investment company concerned and the
general purposes of the Act. Section 12(d)(1)(J) of the Act provides
that the Commission may exempt any person, security, or transaction, or
any class or classes of persons, securities or transactions, from any
provision of section 12(d)(1) if the exemption is consistent with the
public interest and the protection of investors.

Sections 5(a)(1) and 2(a)(32) of the Act

    3. Section 5(a)(1) of the Act defines an ``open-end company'' as a
management investment company that is offering for sale or has
outstanding any redeemable security of which it is the issuer. Section
2(a)(32) of the Act defines a redeemable security as any security,
other than short-term paper, under the terms of which the holder, upon
its presentation to the issuer, is entitled to receive approximately a
proportionate share of the issuer's current net assets, or the cash
equivalent. Because Shares will not be individually redeemable,
applicants request an order that would permit each Fund to redeem
Shares in Creation Units only. Applicants state that investors may
purchase Shares in Creation Units from each Fund and redeem Creation
Units from each Fund. Applicants further state that because the market
price of Creation Units will be disciplined by arbitrage opportunities,
investors should be able to sell Shares in the secondary market at
prices that do not vary materially from their NAV.

Section 22(d) of the Act and Rule 22c-1 under the Act

    4. Section 22(d) of the Act, among other things, prohibits a dealer
from selling a redeemable security that is currently being offered to
the public by or through a principal underwriter, except at a current
public offering price described in the prospectus. Rule 22c-1 under the
Act generally requires that a dealer selling, redeeming, or
repurchasing a redeemable security do so only at a price based on its
NAV. Applicants state that secondary market trading in Shares will take
place at negotiated prices, not at a current offering price described
in the Prospectus, and not at a price based on NAV. Thus, purchases and
sales of Shares in the secondary market will not comply with section
22(d) of the Act and rule 22c-1 under the Act. Applicants request an
exemption under section 6(c) from these provisions.
    5. Applicants assert that the concerns sought to be addressed by
section 22(d) of the Act and rule 22c-1 under the Act with respect to
pricing are equally satisfied by the proposed method of pricing Shares.
Applicants maintain that while there is little legislative history
regarding section 22(d), its provisions, as well as those of rule 22c-
1, appear to have been designed to (a) Prevent dilution caused by
certain riskless-trading schemes by principal underwriters and contract
dealers, (b) prevent unjust discrimination or preferential treatment
among buyers resulting from sales at different prices, and (c) assure
an orderly distribution system of investment company shares by
eliminating price competition from brokers offering shares at less than
the published sales price and repurchasing shares at more than the
published redemption price.
    6. Applicants believe that none of these purposes will be thwarted
by permitting Shares to trade in the secondary market at negotiated
prices. Applicants state that (a) secondary market trading in Shares
does not involve Fund assets and cannot result in dilution of an
investment in Shares, and (b) to the extent different prices exist
during a given trading day, or from day to day, such variances occur as
a result of third-party market forces, such as supply and demand.
Therefore, applicants assert that secondary market transactions in
Shares will not lead to discrimination or preferential treatment among
purchasers. Finally, applicants contend that the proposed distribution
system will be orderly because arbitrage activity should ensure that
the difference between the market price of Shares and their NAV remains
narrow.

Section 22(e) of the Act

    7. Section 22(e) of the Act generally prohibits a registered
investment company from suspending the right of redemption or
postponing the date of payment of redemption proceeds for more than
seven days after the tender of a security for redemption. Applicants
observe that settlement of redemptions of Creation Units of Foreign
Funds and Global Funds is contingent not only on the settlement cycle
of the U.S. securities markets but also on the delivery cycles present
in foreign markets in which those Funds invest. Applicants have been
advised that, under certain circumstances, the delivery cycles for
transferring Portfolio Positions to redeeming investors, coupled with
local market holiday schedules, will require a delivery process of up
to 14 calendar days. Applicants therefore request relief from section
22(e) in order to provide payment or satisfaction of redemptions within
the maximum number of calendar days required for such payment or
satisfaction in the principal local markets where transactions in the
Portfolio Positions of each Foreign Fund or Global Fund customarily
clear and settle, but in all cases no later than 14 calendar days
following the tender of a Creation Unit.
    8. Applicants state that section 22(e) was designed to prevent
unreasonable, undisclosed and unforeseen delays in the actual payment
of redemption proceeds. Applicants assert that the requested relief
will not lead to the problems that section 22(e) was designed to
prevent. Applicants state that allowing redemption payments for
Creation Units of a Fund to be made within a maximum of 14 calendar
days would not be inconsistent with the spirit and intent of section
22(e). Applicants state the SAI will disclose those local holidays
(over the period of at least one year following the date of the SAI),
if any, that are expected to prevent the delivery of redemption
proceeds in seven calendar days and the maximum number of days needed
to deliver the proceeds for each affected Foreign Fund or Global Fund.
Applicants are not seeking relief from section 22(e) with respect to
Foreign Funds and Global Funds that do not effect redemptions in-kind.

Section 12(d)(1) of the Act

    9. Section 12(d)(1)(A) of the Act prohibits a registered investment
company from acquiring shares of an investment company if the
securities represent more than 3% of the total outstanding voting stock
of the acquired company, more than 5% of the total assets of the
acquiring company, or, together with the securities of any other
investment companies, more than 10% of the total assets of the
acquiring company. Section 12(d)(1)(B) of the Act prohibits a
registered open-end investment company, its principal underwriter, or
any other broker or dealer from selling the investment company's shares
to another investment company if the sale will cause the acquiring
company to own more than 3% of the acquired company's voting stock, or
if the sale will cause more than 10% of the acquired company's voting
stock to be owned by investment companies generally.
    10. Applicants request relief to permit Acquiring Funds to acquire
Shares in excess of the limits in section 12(d)(1)(A) of the Act and to
permit the Funds, their principal underwriters and any Broker to sell
Shares to Acquiring Funds in excess of the limits in section
12(d)(l)(B) of the Act. Applicants submit that the proposed conditions
to the requested relief address the concerns underlying the limits in
section 12(d)(1), which include concerns about undue influence,
excessive layering of fees and overly complex structures.
    11. Applicants submit that their proposed conditions address any
concerns regarding the potential for undue influence. To limit the
control that an Acquiring Fund may have over a Fund, applicants propose
a condition prohibiting an investment adviser as defined in section
2(a)(20)(A) of the Act of an Acquiring Management Company (``Acquiring
Fund Advisor''), sponsor of an Investing Trust (``Sponsor''), any
person controlling, controlled by, or under common control with the
Acquiring Fund Advisor or Sponsor, and any investment company or issuer
that would be an investment company but for sections 3(c)(1) or 3(c)(7)
of the Act that is advised or sponsored by the Acquiring Fund Advisor,
the Sponsor, or any person controlling, controlled by, or under common
control with the Acquiring Fund Advisor or Sponsor (``Acquiring Fund's
Advisory Group'') from controlling (individually or in the aggregate) a
Fund within the meaning of section 2(a)(9) of the Act. The same
prohibition would apply to any sub-adviser (an investment adviser
within the meaning of section 2(a)(20)(B) of the Act) to an Acquiring
Management Company (``Acquiring Fund Sub-Advisor''), any person
controlling, controlled by or under common control with the Acquiring
Fund Sub-Advisor, and any investment company or issuer

that would be an investment company but for sections 3(c)(1) or 3(c)(7)
of the Act (or portion of such investment company or issuer) advised or
sponsored by the Acquiring Fund Sub-Advisor or any person controlling,
controlled by or under common control with the Acquiring Fund Sub-
Advisor (``Acquiring Fund's Sub-Advisory Group'').
    12. Applicants propose a condition to ensure that no Acquiring Fund
or Acquiring Fund Affiliate \22\ (except to the extent it is acting in
its capacity as an investment adviser to a Fund) will cause a Fund to
purchase a security in an offering of securities during the existence
of an underwriting or selling syndicate of which a principal
underwriter is an Underwriting Affiliate (``Affiliated Underwriting'').
An ``Underwriting Affiliate'' is a principal underwriter in any
underwriting or selling syndicate that is an officer, director, member
of an advisory board, Acquiring Fund Advisor, Acquiring Fund Sub-
Advisor, employee or Sponsor of the Acquiring Fund, or a person of
which any such officer, director, member of an advisory board,
Acquiring Fund Advisor, Acquiring Fund Sub-Advisor, employee or Sponsor
is an affiliated person, except any person whose relationship to the
Fund is covered by section 10(f) of the Act is not an Underwriting
Affiliate).
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    \22\ An ``Acquiring Fund Affiliate'' is defined as the Acquiring
Fund Advisor, Acquiring Fund Sub-Advisor(s), any Sponsor, promoter
or principal underwriter of an Acquiring Fund and any person
controlling, controlled by or under common control with any of these
entities. ``Fund Affiliate'' is an investment adviser, promoter, or
principal underwriter of a Fund or any person controlling,
controlled by or under common control with any of these entities.
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    13. Applicants propose several conditions to address the potential
for layering of fees. Applicants note that the board of directors or
trustees (``Board'') of any Acquiring Management Company, including a
majority of the directors or trustees who are not ``interested
persons'' within the meaning of section 2(a)(19) of the Act
(``Independent Trustees''), will be required to find that any fees
charged under the Acquiring Management Company's advisory contract(s)
are based on services provided that will be in addition to, rather than
duplicative of, services provided under the advisory contract(s) of any
Fund in which the Acquiring Management Company may invest. Applicants
also state that any sales charges and/or service fees charged with
respect to shares of an Acquiring Fund will not exceed the limits
applicable to a fund of funds as set forth in NASD Conduct Rule
2830.\23\
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    \23\ Any reference to NASD Conduct Rule 2830 includes any
successor or replacement rule that may be adopted by the Financial
Industry Regulatory Authority.
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    14. Applicants submit that the proposed arrangement will not create
an overly complex fund structure. Applicants note that a Fund will be
prohibited from acquiring securities of any investment company or
company relying on section 3(c)(1) or 3(c)(7) of the Act in excess of
the limits contained in section 12(d)(1)(A) of the Act, except to the
extent permitted by exemptive relief from the Commission permitting the
Fund to purchase shares of other investment companies for short-term
cash management purposes.
    15. To ensure that an Acquiring Fund is aware of the terms and
conditions of the requested order, the Acquiring Funds must enter into
an agreement with the respective Funds (the ``Acquiring Fund
Agreement'') that will include an acknowledgement from the Acquiring
Fund that it may rely on the order only to invest in a Fund and not in
any other investment company.

Sections 17(a)(1) and (2) of the Act

    16. Section 17(a) of the Act generally prohibits an affiliated
person of a registered investment company, or an affiliated person of
such a person (``second tier affiliate''), from selling any security to
or purchasing any security from the company. Section 2(a)(3) of the Act
defines ``affiliated person'' to include any person directly or
indirectly owning, controlling, or holding with power to vote, 5% or
more of the outstanding voting securities of the other person and any
person directly or indirectly controlling, controlled by, or under
common control with, the other person. Section 2(a)(9) of the Act
defines ``control'' as the power to exercise a controlling influence
over the management or policies of a company and provides that a
control relationship will be presumed where one person owns more than
25% of another person's voting securities. The Funds may be deemed to
be controlled by the Advisers and hence affiliated persons of each
other. In addition, the Funds may be deemed to be under common control
with any other registered investment company (or series thereof)
advised by an Adviser (an ``Affiliated Fund'').
    17. Applicants request an exemption under sections 6(c) and 17(b)
of the Act from sections 17(a)(1) and 17(a)(2) of the Act to permit in-
kind purchases and redemptions of Creation Units by persons that are
affiliated persons or second tier affiliates of the Funds solely by
virtue of one or more of the following: (a) Holding 5% or more, or in
excess of 25% of the outstanding Shares of one or more Funds; (b)
having an affiliation with a person with an ownership interest
described in (a); or (c) holding 5% or more, or more than 25% of the
Shares of an Affiliated Fund.\24\ Applicants also request, as part of
the requested 12(d)(1) Relief, an exemption in order to permit a Fund
to sell its Shares to and redeem its Shares from, and engage in the in-
kind transactions that would accompany such sales and redemptions with,
certain Acquiring Funds of which the Funds are affiliated persons or a
second-tier affiliates.\25\
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    \24\ Applicants are not seeking relief from section 17(a) for,
and the requested relief will not apply to, transactions where a
Fund could be deemed an affiliated person, or an affiliated person
of an affiliated person, of an Acquiring Fund because an investment
adviser to the Funds is also an investment adviser to an Acquiring
Fund.
    \25\ Applicants expect most Acquiring Funds will purchase Shares
in the secondary market and will not purchase Creation Units
directly from a Fund. To the extent that purchases and sales of
Shares occur in the secondary market and not through principal
transactions directly between an Acquiring Fund and a Fund, relief
from Section 17(a) would not be necessary. However, the requested
relief would apply to direct sales of Shares in Creation Units by a
Fund to an Acquiring Fund and redemptions of those Shares. The
requested relief is also intended to cover any in-kind transactions
that would accompany such sales and redemptions.
---------------------------------------------------------------------------

    18. Applicants assert that no useful purpose would be served by
prohibiting such affiliated persons from making in-kind purchases or
in-kind redemptions of Shares of a Fund in Creation Units. Except with
respect to cash as determined in accordance with the procedures
described in section III.B.1 of the application, the Deposit
Instruments and Redemption Instruments for a Fund will be the same and
will correspond pro rata to the positions in the Fund's portfolio, and
in-kind purchases and redemptions will be on the same terms, for all
persons regardless of the identity of the purchaser or redeemer. Both
the deposit procedures for in-kind purchases of Creation Units and the
redemption procedures for in-kind redemptions will be effected in
exactly the same manner for all purchases and redemptions. Deposit
Instruments and Redemption Instruments will be valued in the same
manner as those Portfolio Positions currently held by the relevant
Funds. Applicants do not believe that in-kind purchases and redemptions
will result in abusive self-dealing or overreaching of the Fund.
    19. Applicants also submit that the sale of Shares to and
redemption of

Shares from an Acquiring Fund meets the standards for relief under
sections 17(b) and 6(c) of the Act. Applicants note that any
consideration paid for the purchase or redemption of Shares directly
from a Fund will be based on the NAV of the Fund in accordance with
policies and procedures set forth in the Fund's registration
statement.\26\ Applicants also state that the proposed transactions are
consistent with the general purposes of the Act and appropriate in the
public interest.
---------------------------------------------------------------------------

    \26\ Applicants acknowledge that the receipt of compensation by
(a) an affiliated person of an Acquiring Fund, or an affiliated
person of such person, for the purchase by the Acquiring Fund of
Shares of the Fund or (b) an affiliated person of a Fund, or an
affiliated person of such person, for the sale by the Fund of its
Shares to an Acquiring Fund, may be prohibited by section 17(e)(1)
of the Act. The Acquiring Fund Agreement also will include this
acknowledgment.
---------------------------------------------------------------------------

Applicants' Conditions

    Applicants agree that any order of the Commission granting the
requested relief will be subject to the following conditions:

A. Actively-Managed Exchange-Traded Fund Relief

    1. Neither the Trust nor any Fund will be advertised or marketed as
an open-end investment company or mutual fund. Any advertising material
that describes the purchase or sale of Creation Units or refers to
redeemability will prominently disclose that the Shares are not
individually redeemable and that owners of the Shares may acquire those
Shares from the Fund and tender those Shares for redemption to the Fund
in Creation Units only.
    2. The Web site for the Funds, which is and will be publicly
accessible at no charge, will contain, on a per Share basis for each
Fund, the prior Business Day's NAV and the market closing price or Bid/
Ask Price, and a calculation of the premium or discount of the market
closing price or Bid/Ask Price against such NAV.
    3. As long as a Fund operates in reliance on the Order, its Shares
will be listed on a Listing Market.
    4. On each Business Day, before commencement of trading in Shares
on a Fund's Listing Market, the Fund will disclose on its Web site the
identities and quantities of the Portfolio Positions held by the Fund
that will form the basis for the Fund's calculation of NAV per Share at
the end of the Business Day.
    5. The Adviser or any Sub-Advisers, directly or indirectly, will
not cause any Authorized Participant (or any investor on whose behalf
an Authorized Participant may transact with the Fund) to acquire any
Deposit Instrument for a Fund through a transaction in which the Fund
could not engage directly.
    6. The requested relief to permit ETF operations will expire on the
effective date of any Commission rule under the Act that provides
relief permitting the operation of actively-managed exchange-traded
funds.

B. Section 12(d)(1) Relief

    7. The members of an Acquiring Fund's Advisory Group will not
control (individually or in the aggregate) a Fund within the meaning of
Section 2(a)(9) of the Act. The members of an Acquiring Fund's Sub-
Advisory Group will not control (individually or in the aggregate) a
Fund within the meaning of Section 2(a)(9) of the Act. If, as a result
of a decrease in the outstanding voting securities of a Fund, the
Acquiring Fund's Advisory Group or the Acquiring Fund's Sub-Advisory
Group, each in the aggregate, becomes a holder of more than 25 percent
of the outstanding voting securities of a Fund, it will vote its Shares
of the Fund in the same proportion as the vote of all other holders of
that Fund's Shares. This condition does not apply to the Acquiring
Fund's Sub-Advisory Group with respect to a Fund for which the
Acquiring Fund Sub-Adviser or a person controlling, controlled by, or
under common control with the Acquiring Fund Sub-Adviser acts as the
investment adviser within the meaning of Section 2(a)(20)(A) of the
Act.
    8. No Acquiring Fund or Acquiring Fund Affiliate will cause any
existing or potential investment by the Acquiring Fund in a Fund to
influence the terms of any services or transactions between the
Acquiring Fund or an Acquiring Fund Affiliate and the Fund or a Fund
Affiliate.
    9. The board of trustees or directors of an Acquiring Management
Company, including a majority of the Independent Trustees, will adopt
procedures reasonably designed to ensure that the Acquiring Fund
Advisor and any Acquiring Fund Sub-Advisor are conducting the
investment program of the Acquiring Management Company without taking
into account any consideration received by the Acquiring Management
Company or an Acquiring Fund Affiliate from a Fund or a Fund Affiliate
in connection with any services or transactions.
    10. Once an investment by an Acquiring Fund in Shares exceeds the
limits of Section 12(d)(1)(A)(i) of the Act, the Board, including a
majority of the Independent Trustees, will determine that any
consideration paid by the Fund to an Acquiring Fund or an Acquiring
Fund Affiliate in connection with any services or transactions: (i) Is
fair and reasonable in relation to the nature and quality of the
services and benefits received by the Fund; (ii) is within the range of
consideration that the Fund would be required to pay to another
unaffiliated entity in connection with the same services or
transactions; and (iii) does not involve overreaching on the part of
any person concerned. This condition does not apply with respect to any
services or transactions between a Fund and its investment adviser(s),
or any person controlling, controlled by or under common control with
such investment adviser(s).
    11. No Acquiring Fund or Acquiring Fund Affiliate (except to the
extent it is acting in its capacity as an investment adviser to a Fund)
will cause the Fund to purchase a security in any Affiliated
Underwriting.
    12. The Board, including a majority of the Independent Trustees,
will adopt procedures reasonably designed to monitor any purchases of
securities by the Fund in an Affiliated Underwriting, once an
investment by an Acquiring Fund in the securities of the Fund exceeds
the limit of section 12(d)(1)(A)(i) of the Act, including any purchases
made directly from an Underwriting Affiliate. The Board will review
these purchases periodically, but no less frequently than annually, to
determine whether the purchases were influenced by the investment by
the Acquiring Fund in the Fund. The Board will consider, among other
things: (i) Whether the purchases were consistent with the investment
objectives and policies of the Fund; (ii) how the performance of
securities purchased in an Affiliated Underwriting compares to the
performance of comparable securities purchased during a comparable
period of time in underwritings other than Affiliated Underwritings or
to a benchmark such as a comparable market index; and (iii) whether the
amount of securities purchased by the Fund in Affiliated Underwritings
and the amount purchased directly from an Underwriting Affiliate have
changed significantly from prior years. The Board will take any
appropriate actions based on its review, including, if appropriate, the
institution of procedures designed to ensure that purchases of
securities in Affiliated Underwritings are in the best interest of
shareholders of the Fund.
    13. Each Fund will maintain and preserve permanently in an easily
accessible place a written copy of the procedures described in the
preceding condition, and any modifications to

such procedures, and will maintain and preserve for a period of not
less than six years from the end of the fiscal year in which any
purchase in an Affiliated Underwriting occurred, the first two years in
an easily accessible place, a written record of each purchase of
securities in Affiliated Underwritings, once an investment by an
Acquiring Fund in the securities of the Fund exceeds the limit of
section 12(d)(1)(A)(i) of the Act, setting forth from whom the
securities were acquired, the identity of the underwriting syndicate's
members, the terms of the purchase, and the information or materials
upon which the determinations of the Board were made.
    14. Before investing in Shares of a Fund in excess of the limits in
section 12(d)(1)(A), each Acquiring Fund and the Fund will execute an
Acquiring Fund Agreement stating, without limitation, that their boards
of directors or boards of trustees and their investment adviser(s), or
their Sponsors or trustees (``Trustee''), as applicable, understand the
terms and conditions of the Order, and agree to fulfill their
responsibilities under the Order. At the time of its investment in
Shares of a Fund in excess of the limit in section 12(d)(1)(A)(i), an
Acquiring Fund will notify the Fund of the investment. At such time,
the Acquiring Fund will also transmit to the Fund a list of the names
of each Acquiring Fund Affiliate and Underwriting Affiliate. The
Acquiring Fund will notify the Fund of any changes to the list of the
names as soon as reasonably practicable after a change occurs. The Fund
and the Acquiring Fund will maintain and preserve a copy of the Order,
the Acquiring Fund Agreement, and the list with any updated information
for the duration of the investment and for a period of not less than
six years thereafter, the first two years in an easily accessible
place.
    15. The Acquiring Fund Advisor, Trustee or Sponsor, as applicable,
will waive fees otherwise payable to it by the Acquiring Fund in an
amount at least equal to any compensation (including fees received
pursuant to any plan adopted under Rule 12b-1 under the Act) received
from the Fund by the Acquiring Fund Advisor, Trustee or Sponsor, or an
affiliated person of the Acquiring Fund Advisor, Trustee or Sponsor,
other than any advisory fees paid to the Acquiring Fund Advisor,
Trustee, or Sponsor, or its affiliated person by the Fund, in
connection with the investment by the Acquiring Fund in the Fund. Any
Acquiring Fund Sub-Advisor will waive fees otherwise payable to the
Acquiring Fund Sub-Advisor, directly or indirectly, by the Acquiring
Management Company in an amount at least equal to any compensation
received from a Fund by the Acquiring Fund Sub-Advisor, or an
affiliated person of the Acquiring Fund Sub-Advisor, other than any
advisory fees paid to the Acquiring Fund Sub-Advisor or its affiliated
person by the Fund, in connection with any investment by the Acquiring
Management Company in the Fund made at the direction of the Acquiring
Fund Sub-Advisor. In the event that the Acquiring Fund Sub-Advisor
waives fees, the benefit of the waiver will be passed through to the
Acquiring Management Company.
    16. Any sales charges and/or service fees charged with respect to
shares of an Acquiring Fund will not exceed the limits applicable to a
fund of funds as set forth in NASD Conduct Rule 2830.
    17. No Fund relying on the 12(d)(1) Relief will acquire securities
of any other investment company or company relying on section 3(c)(1)
or 3(c)(7) of the Act in excess of the limits contained in section
12(d)(1)(A) of the Act, except to the extent permitted by exemptive
relief from the Commission permitting the Fund to purchase shares of
other investment companies for short-term cash management purposes.
    18. Before approving any advisory contract under section 15 of the
Act, the board of trustees or directors of each Acquiring Management
Company, including a majority of the Independent Trustees, will find
that the advisory fees charged under such advisory contract are based
on services provided that will be in addition to, rather than
duplicative of, the services provided under the advisory contract(s) of
any Fund in which the Acquiring Management Company may invest. These
findings and their basis will be recorded fully in the minute books of
the appropriate Acquiring Management Company.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-16856 Filed 7-12-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Proposed Rules]
[Pages 57490-57491]
[FR Doc No: 2014-22742]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0297; FRL-9912-68-Region 9]

Revisions to the Arizona State Implementation Plan, Maricopa
County Air Quality Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Maricopa County Air Quality Department
(MCAQD) portion of the Arizona State Implementation Plan (SIP). This
revision concerns particulate matter (PM) emissions from

incinerators, burn-off ovens and crematories. We are proposing to
approve a local rule to regulate these emission sources under the Clean
Air Act (CAA or the Act).

DATES: Any comments on this proposal must arrive by October 27, 2014.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0297, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<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 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 www.regulations.gov or email.
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 email directly to EPA, your email
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: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), 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 P[eacute]rez, EPA Region IX,
(415) 972-3248<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rule: Rule 313, Incinerators, Burn-Off Ovens and Crematories. In the
Rules and Regulations section of this Federal Register, we are
approving this local rule in a direct final action without prior
proposal because we believe these SIP revisions are not controversial.
If we receive adverse comments, however, we will publish a timely
withdrawal of the direct final rule and address the comments in
subsequent action based on this proposed rule.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: May 30, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-22742 Filed 9-24-14; 8:45 am]
BILLING CODE 6560-50-P