[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Notices]
[Page 42945]
[FR Doc No: 2013-17266]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9834-9]

Public Water Supply Supervision Program; Program Revision for the
State of Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative approval.

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SUMMARY: Notice is hereby given that the State of Oregon has revised
its approved State Public Water Supply Supervision Primacy Program.
Oregon has adopted regulations analogous to EPA's Stage 2 Disinfectants
and Disinfection Byproducts Rule; Long Term 2 Enhanced Surface Water
Treatment Rule; Ground Water Rule; and Lead and Copper Short-Term
Regulatory Revisions and Clarifications Rule and has adopted revisions
to their Variance regulation. EPA has determined that these revisions
are no less stringent than the corresponding federal regulations.
Therefore, EPA intends to approve these State program revisions. By
approving these rules, EPA does not intend to affect the rights of
federally recognized Indian tribes within ``Indian country'' as defined
by 18 U.S.C. 1151, nor does it intend to limit existing rights of the
State of Oregon.

DATES: All interested parties may request a public hearing. A request
for a public hearing must be submitted by August 19, 2013 to the
Regional Administrator at the EPA address shown below. Frivolous or
insubstantial requests for a hearing may be denied by the Regional
Administrator. However, if a substantial request for a public hearing
is made by August 19, 2013, a public hearing will be held. If no timely
and appropriate request for a hearing is received and the Regional
Administrator does not elect to hold a hearing on his own motion, this
determination shall become final and effective on August 19, 2013. Any
request for a public hearing shall include the following information:
(1) The name, address, and telephone number of the individual,
organization, or other entity requesting a hearing; (2) a brief
statement of the requesting person's interest in the Regional
Administrator's determination and a brief statement of the information
that the requesting person intends to submit at such hearing; (3) the
signature of the individual making the request, or, if the request is
made on behalf of an organization or other entity, the signature of a
responsible official of the organization or other entity.

ADDRESSES: All documents relating to this determination are available
for inspection between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, at the Oregon Health Authority, Drinking Water Program,
800 N.E. Oregon Street, Suite 640, Portland, Oregon 97232 and between
the hours of 9:00 a.m.-12:00 p.m. and 1:00-4:00 p.m. at the EPA Region
10 Library, 1200 Sixth Avenue, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Wendy Marshall, EPA Region 10,
Drinking Water Unit, by mail at the Seattle address given above, by
telephone at<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>
    Authority: Section 1413 of the Safe Drinking Water Act, as
amended (1996), and 40 CFR Part 142 of the National Primary Drinking
Water Regulations.

    Dated: June 27, 2013.
Dennis J. McLerran,
Regional Administrator.
[FR Doc. 2013-17266 Filed 7-17-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48734-48735]
[FR Doc No: 2022-17113]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34663; File No. 812-15342]

New Mountain Capital, L.L.C., et al.

August 4, 2022.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of application for an order (``Order'') under sections 17(d)
and 57(i) of the Investment Company Act of 1940 (the ``Act'') and rule
17d-1 under the Act to permit certain joint transactions otherwise
prohibited by sections 17(d) and 57(a)(4) of the Act and rule 17d-1
under the Act.

Summary of Application: Applicants request an order to amend a previous
order granted by the Commission that permits certain business
development companies (``BDCs'') and closed-end management investment
companies to co-invest in portfolio companies with each other and with
certain affiliated investment entities.

Applicants:  New Mountain Capital, L.L.C., New Mountain CLO 1, Ltd.,
New Mountain CLO 2, Ltd., New Mountain CLO 3, Ltd., New Mountain CLO 4,
Ltd., New Mountain CLO 5, Ltd., New Mountain Credit CLO Advisers,
L.L.C., New Mountain Finance Advisers BDC, L.L.C., New Mountain Finance
Corporation, New Mountain Finance DB, L.L.C., New Mountain Finance
Holdings, L.L.C., New Mountain Finance SBIC II, L.P., New Mountain
Finance SBIC, L.P., New Mountain Finance Servicing, L.L.C., New
Mountain Guardian II Master Fund-A, L.P., New Mountain Guardian II
Master Fund-B, L.P., New Mountain Guardian III BDC, L.L.C., New
Mountain Guardian III OEC, Inc., New Mountain Guardian

III SPV, L.L.C., New Mountain Guardian IV BDC, L.L.C., New Mountain
Guardian Partners II, L.P., New Mountain Net Lease Corporation, New
Mountain Net lease Partners II, L.P., New Mountain Net Lease Partners,
L.P., New Mountain Partners VI, L.P., New Mountain Strategic Equity
Fund I, L.P., New Mountain Strategic Equity Fund II, L.P., NMF Ancora
Holdings, Inc., NMF HB, Inc., NMF OEC, Inc., NMF Permian Holdings
L.L.C., NMF Pioneer, Inc., NMF QID NGL Holdings, Inc., NMF SLF I SPV,
L.L.C., NMF SLF I, Inc., NMF TRM, L.L.C., and NMF YP Holdings, Inc.

Filing Dates:  The application was filed on May 24, 2022, and amended
on June 22, 2022.

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 on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on, August
29, 2022, and should be accompanied by proof of service on applicants,
in the form of an affidavit or, for lawyers, a certificate of service.
Pursuant to rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary at
[email protected].

ADDRESSES: The Commission: [email protected]. Applicants:
Robert A. Hamwee, Chief Executive Officer, New Mountain Finance
Corporation, at [email protected], and Steven B. Boehm,
Esq., Payam Siadatpour, Esq., and Anne G. Oberndorf, Esq., Eversheds
Sutherland (US) LLP, at [email protected].

FOR FURTHER INFORMATION CONTACT: Kieran G. Brown, Senior Counsel, or
Terri Jordan, Branch Chief, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' first amended and
restated application, dated June 22, 2022, which may be obtained via
the Commission's website by searching for the file number at the top of
this document, or for an Applicant using the Company name search field,
on the SEC's EDGAR system. The SEC's EDGAR system may be searched at,
http://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may
also call the SEC's Public Reference Room at<PHONE_NUMBER>.
    For the Commission, by the Division of Investment Management, under
delegated authority.

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-17113 Filed 8-9-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Proposed Rules]
[Pages 41872-41873]
[FR Doc No: 2023-13693]

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

40 CFR Part 63

[EPA-HQ-OAR-2017-0664; FRL-5925.1-02-OAR]
RIN 2060-AV58

National Emission Standards for Hazardous Air Pollutants:
Taconite Iron Ore Processing Amendments; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: On May 15, 2023, the Environmental Protection Agency (EPA)
issued a proposed rule titled, ``National Emission Standards for
Hazardous Air Pollutants: Taconite Iron Ore Processing Amendments.''
The EPA is extending the comment period on this proposed rule that
currently closes on June 29, 2023, by 8 days. The comment period will
now remain open until July 7, 2023, to allow additional time for
stakeholders to review and comment on the proposal.

DATES: The public comment period for the proposed rule published in the
Federal Register (FR) on May 15, 2023 (88 FR 30917), originally ending
on June 29, 2023, is being extended by 8 days. Written comments must
now be received on or before July 7, 2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0664, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2017-0664 in the subject line of the message.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2017-0664.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2017-0664, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal holidays).
    Instructions. All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions about this action,
contact Mr. David Putney, Sector Policies and Programs Division (D243-
02), Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, P.O. Box 12055, Research Triangle Park, North
Carolina 27711; telephone number:<PHONE_NUMBER>; and email address:
[email protected].

SUPPLEMENTARY INFORMATION:
    Rationale. On May 15, 2023, the Environmental Protection Agency
(EPA) issued a proposed rule titled ``National Emission Standards for
Hazardous Air Pollutants: Taconite Iron Ore Processing Amendments,'' 88
FR 30917 (May 15, 2023). The comment period on this proposed rule
currently closes on June 29, 2023. The EPA has received requests for
additional time to review and comment on the proposed rule. After
considering these requests, the EPA has decided to extend the public
comment period by 8 days. The public comment period will now end on
July 7, 2023.
    Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2017-0664. All documents in the docket are
listed in https://www.regulations.gov/. Although listed, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy. With the exception of such material, publicly available docket
materials are available electronically in Regulations.gov.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2017-0664. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov/, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit electronically to https://www.regulations.gov/
any information that you consider to be CBI or other information whose
disclosure is restricted by statute. This type of information should be
submitted as discussed below.
    The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov/, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov/. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information on any
digital storage media that you mail to the EPA, note the docket ID,
mark the outside of the digital storage media as CBI, and identify
electronically within the digital storage media the specific
information

that is claimed as CBI. In addition to one complete version of the
comments that includes information claimed as CBI, you must submit a
copy of the comments that does not contain the information claimed as
CBI directly to the public docket through the procedures outlined in
instructions above. If you submit any digital storage media that does
not contain CBI, mark the outside of the digital storage media clearly
that it does not contain CBI and note the docket ID. Information not
marked as CBI will be included in the public docket and the EPA's
electronic public docket without prior notice. Information marked as
CBI will not be disclosed except in accordance with procedures set
forth in 40 Code of Federal Regulations (CFR) part 2.
    Our preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol (FTP),
or other online file sharing services (e.g., Dropbox, OneDrive, Google
Drive). Electronic submissions must be transmitted directly to the
OAQPS CBI Office at the email address [email protected], and as
described above, should include clear CBI markings and note the docket
ID. If assistance is needed with submitting large electronic files that
exceed the file size limit for email attachments, and if you do not
have your own file sharing service, please email [email protected] to
request a file transfer link. If sending CBI information through the
postal service, please send it to the following address: OAQPS Document
Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency,
P.O. Box 12055, Research Triangle Park, North Carolina 27711, Attention
Docket ID No. EPA-HQ-OAR-2017-0664. The mailed CBI material should be
double wrapped and clearly marked. Any CBI markings should not show
through the outer envelope.

Penny Lassiter,
Director, Sector Policies and Programs Division.
[FR Doc. 2023-13693 Filed 6-27-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46885-46886]
[FR Doc No: 2017-21511]

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 DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2001-10948]

Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations
(CFR), this document provides the public notice that on September 11,
2017, Central Montana Rail, Inc. (CMR) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the hours of service laws contained at Title 49 United States Code
Section 21103(a) under authority of section 21102(b). FRA assigned the
petition docket number FRA-2001-10948.
    CMR requested an extension of its existing waiver of relief from
the provisions of 49 U.S.C. 21103(a), which prohibits a train employee
from remaining or going on duty for a period in excess of 12
consecutive hours. 49 U.S.C. 21102(b) allows railroads with 15 or fewer
employees to be exempted from the restriction outlined at 49 U.S.C.
21103(a)(2), but the exemption may not authorize a carrier to require
or allow its employees to be on duty more than a total of 16 hours in a
24-hour period. In support of its request, CMR explained that the
allowance for train crews to accumulate up to 16 hours of time on duty
has not impacted safety negatively, and is only used occasionally, to
address unusual circumstances such as weather, traffic peaks, and
employee illness. CMR states that its operation continues on
approximately the same scale as when the initial waiver was granted,
with seven regular full-time employees. A copy of the petition, as well
as any written communications concerning the petition, is available for
review online at www.regulations.gov and in person at the Department of
Transportation's Docket Operations Facility, 1200 New Jersey Ave. SE.,
W12-140, Washington, DC 20590. The Docket Operations Facility is open
from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the

appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by November 20, 2017 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-21511 Filed 10-5-17; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Notices]
[Pages 70380-70382]
[FR Doc No: 2013-28159]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70899; File No. SR-NYSEMKT-2013-94]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Revising Rule
61(a)(iii)--Equities To Harmonize the Existing Rule Text With the
Recent Amendment to the CTA Plan, and Concordant Change to the Nasdaq
UTP Plan, Which Provides That Odd-Lot Transactions Are To Be Reported
On the Consolidated Tape

November 19, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on November 12, 2013, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to revise Rule 61(a)(iii)--Equities to
harmonize the existing rule text with the recent amendment to the CTA
Plan (and concordant change to the Nasdaq UTP Plan) which provides that
odd-lot transactions are to be reported on the Consolidated Tape. The
text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, on the
Commission's Web site at http://www.sec.gov, and at the Commission's
Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries,

set forth in sections A, B, and C below, of the most significant parts
of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed change to Rule 61(a)(iii)--Equities is
to harmonize the existing rule text with the recent amendment to the
CTA Plan (and concordant change to the Nasdaq UTP Plan) which provides
that odd-lot transactions are to be reported on the Consolidated Tape.
    On September 9, 2013, the various exchanges that comprise the
Consolidated Tape Association (``CTA''), including the Exchange, filed
with the Commission a proposal to amend the Second Restatement of the
CTA Plan (``CTA Plan'') to remove odd-lot transactions from the list of
transactions that are not to be reported for inclusion on the
Consolidated Tape (the ``Amendment'').\4\ The rationale for the
Amendment is that odd-lot transactions account for a not insignificant
percentage of trading volume, and that including odd-lot transactions
on the Consolidated Tape would add post-trade transparency to the
marketplace. The Amendment, however, would not include odd-lot
transactions in the calculation of last sale prices, given that many of
these transactions do lack economic significance.\5\
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    \4\ See Securities Exchange Release No. 34-70428 (Sept. 17,
2013), 78 FR 184 (Sept. 28, 2013) (Notice of the Amendment). In
1974, the Commission declared the original CTA Plan effective. See
Securities Exchange Release No. 10787 (May 10, 1974), 39 FR 17799.
The CTA Plan, pursuant to which markets collect and disseminate last
sale price information for non-NASDAQ listed securities, is a
``transactional plan'' under Rule 601 of the Securities and Exchange
Act (the ``Act''), 17 CFR 242.601, and a ``national market system
plan'' under Rule 608 under the Act, 17 CFR 242.608.
    \5\ Thus, per the Amendment, odd-lot transactions would not be
included in calculations of high and low prices and would not be
subject to the Regulation NMS Plan to Address Extraordinary Market
Volatility rules, nor would including odd-lot transactions on the
Consolidated Tape trigger any short sale restrictions or trading
halts. Odd-lot transactions, however, would be included in
calculations of daily volume.
---------------------------------------------------------------------------

    Consistent with the Amendment to the CTA Plan, the Nasdaq Unlisted
Trading Privileges Plan (``Nasdaq UTP Plan'') is likewise being
modified to similarly remove odd-lot transactions from the list of
transactions that are not to be reported for inclusion on the
Consolidated Tape.\6\ Pursuant to the NYSE MKT Rule 500--Equities
Series, the Exchange trades Nasdaq-listed securities, which are subject
to the Nasdaq UTP Plan, on an unlisted trading privileges basis.
---------------------------------------------------------------------------

    \6\ See Nasdaq Announcement at http://www.nasdaqtrader.com/TraderNews.aspx?id=uva2013-6.
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    In early October 2013, both the CTA and Nasdaq announced that,
subject to approval by the Commission, the release date for the
proposed Amendment and modified Nasdaq UTP Plan would be December 9,
2013.\7\ On October 31, 2013, the Commission approved the Amendment.\8\
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    \7\ See CTA Announcement at https://cta.nyxdata.com/cta/popup/news/2385 (``Pursuant to the latest notice on this subject . . . ,
pending regulatory approval we are postponing the October testing
dates and the implementation which include Odd Lot trade reports to
the Consolidated Tape. The new release dat[e] will be December 9,
2013. . . .''). See also Nasdaq Announcement at http://www.nasdaqtrader.com/TraderNews.aspx?id=uva2013-11 (same).
    \8\ See Securities Exchange Release No. 34-70794 (Oct. 31, 2013)
(``Approval Order'').
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    The Exchange, therefore, proposes to amend Rule 61(a)(iii)--
Equities to conform this rule with both the Amendment and the modified
Nasdaq UTP Plan. Current Rule 61(a)(iii)--Equities states that ``[a]
transaction of an amount less than one round lot shall not be published
to the Consolidated Tape and does not qualify as a last sale.'' To
harmonize the rule with the Amendment and the revised Nasdaq UTP Plan,
the Exchange proposes to modify paragraph (a)(iii) of the current rule
to provide that odd-lot sized transactions would be published to the
Consolidated Tape, or to the Securities Information Processor accepting
trade reports in that security, but would still not qualify as last
sale transactions.\9\
---------------------------------------------------------------------------

    \9\ The proposed revision to paragraph (a)(iii) to Rule 61--
Equities would thus read: ``A transaction of an amount less than one
round lot shall be published to the Consolidated Tape, or to the
Securities Information Processor accepting trade reports in that
security, but does not qualify as a last sale.''
---------------------------------------------------------------------------

    The Exchange proposes to implement the proposed changes to Rule
61(a)(iii)--Equities on the same day that the changes to the CTA Plan
and Nasdaq UTP Plan are effective, which is currently scheduled for
December 9, 2013.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\10\ in general, and
Section 6(b)(5) of the Act,\11\ in particular, in that it is designed
to foster cooperation and coordination with persons facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest and not to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will foster
cooperation and coordination with persons facilitating transactions in
securities because the proposed rule change would harmonize Exchange
rules with the Amendment to the CTA Plan, and with the concordant
change to the Nasdaq UTP Plan. In addition, the Exchange believes that
the proposed change would remove impediments to and perfect the
mechanism of a free and open market and a national market system by
providing consistency and additional transparency into securities
transactions, thus encouraging the proper functioning of the market.
Increased post-trade transparency would, in turn, protect investors and
the public interest. Indeed, the Commission's Approval Order concluded
that ``including odd-lot transactions on the consolidated tape will
enhance post-trade transparency, as well as price discovery, and
consequently would further the goals of the Act.'' \12\ The Approval
Order likewise concludes, and the Exchange agrees, that ``information
about odd lot transactions would provide important information to
investors and other market participants and therefore represents a
positive development in the provision of market data.'' \13\
---------------------------------------------------------------------------

    \12\ Approval Order at 5.
    \13\ Id.
---------------------------------------------------------------------------

    Finally, the Exchange believes that the proposed rule change does
not unfairly discriminate among the Exchange's member organizations
because all members would equally benefit from the additional
transparency provided by the proposed change.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
believes that the proposed change adds to the integrity of trading on
the securities markets by increasing post-trade transparency as well as
price discovery and, if anything, the level of competition could
increase as public confidence in the markets is solidified.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\17\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. According to the
Exchange, waiving the 30-day operative delay will enable market
participants to benefit from the proposed rule change on the same day
that both plans go into effect. The Exchange believes it would be
appropriate that the Exchange rules be in conformance with the
Amendment to the CTA Plan (and the concordant change to the Nasdaq UTP
Plan) on the date that both changes are to become effective (i.e., on
December 9, 2013).\18\ Based on the Exchange's statements and the non-
controversial nature of the proposed rule change, the Commission
believes that waiving the operative delay is consistent with the
protection of investors and the public interest. Accordingly, the
Commission hereby grants the Exchange's request and waives the 30-day
operative delay.\19\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ The Exchange stated that on the event that this rule
proposal is operative prior to December 9, 2013, the Exchange would
not implement the proposed rule change until December 9, 2013.
    \19\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \20\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2013-94 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2013-94. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2013-94 and should
be submitted on or before December 16, 2013.
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-28159 Filed 11-22-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73836-73837]
[FR Doc No: 2020-25491]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34095; 812-15155]

Northern Funds and Northern Trust Investments, Inc.

AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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

    Notice of an application under Section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from Section 15(c) of
the Act.

APPLICANTS: Northern Funds, a registered open-end investment company
that is organized as a Delaware statutory trust (the ``Trust'') and
that may offer one or more series of shares (each a ``Series''), and
Northern Trust Investments, Inc. (``NTI'' or the ``Adviser''), an
Illinois state banking corporation registered as an investment adviser
under the Investment Advisers Act of 1940 (``Advisers Act''), that
serves an investment adviser to the Trust (together with the Trust and
the Series, the ``Applicants'').

SUMMARY OF APPLICATION: The requested exemption would permit the
Trust's board of trustees (the ``Board'') to approve new sub-advisory
agreements and material amendments to existing sub-advisory agreements
for the Subadvised Series (as defined below), without complying with
the in-person meeting requirement of Section 15(c) of the Act.

FILING DATES: The application was filed on August 24, 2020.

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 emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving Applicants with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on December 8, 2020, and should be
accompanied by proof of service on the Applicants, in the form of an
affidavit or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request by emailing
the Commission's Secretary.

ADDRESSES: The Commission<EMAIL_ADDRESS>Applicants: Jose
Del Real, by email to<EMAIL_ADDRESS>Joshua B. Deringer, by email to
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Jill Ehrlich, Senior Counsel, at (202)
551-6819, or Lisa Reid Ragen, Branch Chief, at<PHONE_NUMBER> (Division
of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website 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>.

I. Requested Exemptive Relief

    1. Applicants request an exemption from Section 15(c) of the Act to
permit the Board,\1\ including the Independent Board Members,\2\ to
approve an agreement (each a ``Sub-Advisory Agreement'') pursuant to
which a sub-adviser manages all or a portion of the assets of one or
more of the Series, or a material amendment thereof (a ``Sub-Adviser
Change''), without complying with the in-person meeting requirement of
Section 15(c).\3\ Under the requested relief, the Independent Board
Members could instead approve a Sub-Adviser Change at a meeting at
which members of the Board participate by any means of communication
that allows them to hear each other simultaneously during the meeting.
---------------------------------------------------------------------------

    \1\ The term ``Board'' also includes the board of trustees or
directors of a future Subadvised Series (as defined below).
    \2\ The term ``Independent Board Members'' means the members of
the Board who are not parties to the Sub-Advisory Agreement (as
defined below), or ``interested persons,'' as defined in Section
2(a)(19) of the Act, of any such party.
    \3\ Applicants do not request relief that would permit the Board
and the Independent Board Members to approve renewals of Sub-
Advisory Agreements at non-in-person meetings.
---------------------------------------------------------------------------

    2. Applicants request that the relief apply to Applicants, as well
as to any future series of the Trust and any other existing or future
registered open-end management investment company or Series thereof
that intends to rely on the requested order in the future and that: (i)
Is advised by the Adviser; \4\ (ii) uses the multi-manager structure
described in the application; and (iii) complies with the terms and
conditions of the application (each, a ``Subadvised Series'').\5\
---------------------------------------------------------------------------

    \4\ The term ``Adviser'' includes (i) the Adviser or its
successors, and (ii) any entity controlling, controlled by or under
common control with, the Adviser or its successors. For the purposes
of the requested order, ``successor'' is limited to an entity or
entities that result from a reorganization into another jurisdiction
or a change in the type of business organization.
    \5\ The term ``Subadvised Series'' also includes a wholly-owned
subsidiary, as defined in the Act, of a Subadvised Series (each a
``Subsidiary'') and the term ``sub-adviser'' includes any sub-
adviser to a Subsidiary. All registered open-end investment
companies that intend to rely on the requested order are named as
Applicants. Any entity that relies on the requested order will do so
only in accordance with the terms and conditions contained in the
application.
---------------------------------------------------------------------------

II. Management of the Subadvised Series

    3. The Adviser will serve as the investment adviser to each
Subadvised Series pursuant to an investment advisory agreement with the
Trust (each an ``Investment Management Agreement''). The Adviser,
subject to the oversight of the Board, will provide continuous
investment management services to each Subadvised Series. Applicants
are not seeking an exemption from the Act with respect to the
Investment Management Agreements.
    4. Applicants state that the Subadvised Series may seek to provide
exposure to multiple strategies across various asset classes, thus
allowing investors to more easily access such strategies without the
additional

transaction costs and administrative burdens of investing in multiple
funds to seek to achieve comparable exposures.
    5. To that end, the Adviser may achieve its desired exposures to
specific strategies by allocating discrete portions of the Subadvised
Series' assets to various sub-advisers. Consistent with the terms of
each Investment Management Agreement and subject to the Board's
approval,\6\ the Adviser would delegate management of all or a portion
of the assets of a Subadvised Series to a sub-adviser.\7\ Each sub-
adviser would be an ``investment adviser'' to the Subadvised Series
within the meaning of Section 2(a)(20) of the Act.\8\ The Adviser would
retain overall responsibility for the management and investment of the
assets of each Subadvised Series.
---------------------------------------------------------------------------

    \6\ A Sub-Advisory Agreement may also be subject to approval by
a Subadvised Series' shareholders. Applicants currently rely on a
multi-manager exemptive order to enter into and materially amend
Sub-Advisory Agreements without obtaining shareholder approval. See
Northern Institutional Funds, et al., Investment Company Act Release
Nos. 23596 (Dec. 10, 1998) (notice) and 23637 (Jan. 8, 1999)
(order).
    \7\ A sub-adviser may manage the assets of a Subadvised Series
directly or provide the Adviser with model portfolio or investment
recommendation(s) that would be utilized in connection with the
management of a Subadvised Series.
    \8\ Each sub-adviser would be registered with the Commission as
an investment adviser under the Advisers Act or not subject to such
registration.
---------------------------------------------------------------------------

III. Applicable Law

    6. Section 15(c) of the Act prohibits a registered investment
company having a board from entering into, renewing or performing any
contract or agreement whereby a person undertakes regularly to act as
an investment adviser (including a sub-adviser) to the investment
company, unless the terms of such contract or agreement and any renewal
thereof have been approved by the vote of a majority of the investment
company's board members who are not parties to such contract or
agreement, or interested persons of any such party, cast in person at a
meeting called for the purpose of voting on such approval.
    7. Section 6(c) 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 provisions of the Act, or
any rule thereunder, if such exemption is necessary or appropriate in
the public interest and consistent with the protection of investors and
the purposes fairly intended by the policy and provisions of the Act.
Applicants state that the requested relief meets this standard for the
reasons discussed below.

IV. Arguments in Support of the Requested Relief

    8. Applicants assert that boards of registered investment
companies, including the Board, typically hold in-person meetings on a
quarterly basis. Applicants state that during the three to four month
period between board meeting dates, market conditions may change or
investment opportunities may arise such that the Adviser may wish to
make a Sub-Adviser Change. Applicants also state that at these moments
it may be impractical and costly to hold an additional in-person Board
meeting, especially given the geographic diversity of Board members and
the additional cost of holding in-person meetings.
    9. As a result, Applicants believe that the requested relief would
allow the Subadvised Series to operate more efficiently. In particular,
Applicants assert that without the delay inherent in holding in-person
Board meetings (and the attendant difficulty of obtaining the necessary
quorum for, and the additional costs of, an unscheduled in-person Board
meeting), the Subadvised Series would be able to act more quickly and
with less expense to add or replace sub-advisers when the Board and the
Adviser believe that a Sub-Adviser Change would benefit the Subadvised
Series.
    10. Applicants also note that the in-person meeting requirement in
Section 15(c) of the Act was designed to prohibit absentee approval of
advisory agreements. Applicants state that condition 1 to the requested
relief is designed to avoid such absentee approval by requiring that
the Board approve a Sub-Adviser Change at a meeting where all
participating Board members can hear each other and be heard by each
other during the meeting.\9\
---------------------------------------------------------------------------

    \9\ Applicants state that technology that includes visual
capabilities will be used unless unanticipated circumstances arise.
Applicants also state that the Board could not rely upon the relief
to approve a Sub-Advisory Agreement by written consent or another
form of absentee approval by the Board.
---------------------------------------------------------------------------

    11. Applicants, moreover, represent that the Board would conduct
any such non-in-person consideration of a Sub-Advisory Agreement in
accordance with its typical process for approving Sub-Advisory
Agreements. Consistent with Section 15(c) of the Act, the Board would
request and evaluate such information as may reasonably be necessary to
evaluate the terms of any Sub-Advisory Agreement, and the Adviser and
sub-adviser would provide such information.
    12. Finally, Applicants note that that if one or more Board members
request that a Sub-Adviser Change be considered in-person, then the
Board would not be able to rely on the relief and would have to
consider the Sub-Adviser Change at an in-person meeting.

V. Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. The Independent Board Members will approve a Sub-Adviser Change
at a non-in-person meeting in which Board members may participate by
any means of communication that allows those Board members
participating to hear each other simultaneously during the meeting.
    2. Management will represent that the materials provided to the
Board for the non-in-person meeting include the same information the
Board would have received if a Sub-Adviser Change were sought at an in-
person Board meeting.
    3. The notice of the non-in-person meeting will explain the need
for considering the Sub-Adviser Change at a non-in-person meeting. Once
notice of the non-in-person meeting to consider a Sub-Adviser Change is
sent, Board members will be given the opportunity to object to
considering the Sub-Adviser Change at a non-in-person Board meeting. If
a Board member requests that the Sub-Adviser Change be considered in-
person, the Board will consider the Sub-Adviser Change at an in-person
meeting, unless such request is rescinded.
    4. A Subadvised Series' ability to rely on the requested relief
will be disclosed in the Subadvised Series' registration statement.
    5. In the event that the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the application, the requested order will expire on the effective
date of that rule.

    For the Commission, by the Division of Investment Management,
under delegated authority.
    Dated: November 13, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-25491 Filed 11-18-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 21, 2008 (Volume 73, Number 77)]
[Rules and Regulations]
[Page 21220-21222]
[DOCID:fr21ap08-2]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0197 Directorate Identifier 2008-CE-005-AD;
Amendment 39-15467; AD 2008-08-15]
RIN 2120-AA64

Airworthiness Directives; DORNIER LUFTFAHRT GmbH Models 228-100,
228-101, 228-200, 228-201, 228-202, and 228-212 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    The manufacturer reported findings of missing primer on the
internal of the elevator and rudder of aircraft S/N 8200. The
aircraft S/N 8200 was with RUAG for maintenance purposes.
Investigation performed by RUAG showed that the paint removal
procedure for the rudder and elevator was changed from a paint
stripping with brush and scraper to a procedure where the parts were
submerged in a tank filled with hot liquid stripper. The stripper is
called TURCO 5669 from Henkel Surface Technologies. The stripping
process is described in the Technical Process Bulletin No. 238799
dated 09/01/1999. This paint stripping process change was not
communicated to and not approved by the TC-Holder.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective May 27, 2008.
    On May 27, 2008, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on February 25, 2008
(73 FR 9965). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    The manufacturer reported findings of missing primer on the
internal of the elevator and rudder of aircraft S/N 8200. The
aircraft S/N 8200 was with RUAG for maintenance purposes.
Investigation performed by RUAG showed that the paint removal
procedure for the rudder and elevator was changed from a paint
stripping with brush and scraper to a procedure where the parts were
submerged in a tank filled with hot liquid stripper. The stripper is
called TURCO 5669 from Henkel Surface Technologies. The stripping
process is described in the Technical Process Bulletin No. 238799
dated 09/01/1999. This paint stripping process change was not
communicated to and not approved by the TC-Holder.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies.

Any such differences are highlighted in a NOTE within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect 8 products of U.S. registry. We also estimate that it will take
about 3 work-hours per product to comply with basic requirements of
this AD. The average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $1,920 or $240 per product.
    We have no way of determining the number of products that may need
these actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (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) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-08-15 Dornier Luftfahrt GmbH: Amendment 39-15467; Docket No.
FAA-2008-0197; Directorate Identifier 2008-CE-005-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 27,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models 228-100, 228-101, 228-200, 228-
201, 228-202, and 228-212 airplanes, serial numbers 8009, 8065,
8112, 8179, 8185, 8191, 8241, and 8244, certificated in any
category.

Subject

    (d) Air Transport Association of America (ATA) Code 51:
Structures.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

The manufacturer reported findings of missing primer on the internal
of the elevator and rudder of aircraft S/N 8200. The aircraft S/N
8200 was with RUAG for maintenance purposes. Investigation performed
by RUAG showed that the paint removal procedure for the rudder and
elevator was changed from a paint stripping with brush and scraper
to a procedure where the parts were submerged in a tank filled with
hot liquid stripper. The stripper is called TURCO 5669 from Henkel
Surface Technologies. The stripping process is described in the
Technical Process Bulletin No. 238799 dated 09/01/1999. This paint
stripping process change was not communicated to and not approved by
the TC-Holder.

    The MCAI requires you to do a visual inspection of the inner
structure on rudder and elevator for signs of corrosion, de-bonded
primer (yellow-green), and any other deviation of surface
protection; report corrosion beyond the acceptable level or areas
with de-bonded primer to the manufacturer; and, if necessary, repair
the affected parts following the applicable FAA-approved
manufacturer repair instruction.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 2 months after the effective date of this AD, do a
detailed visual inspection on the inner structure of the rudder and
elevator for signs of corrosion, debonded primer (yellow-green), and
any other deviation of surface protection following RUAG Aerospace
Defence Technology Dornier 228 Service Bulletin No. SB-228-270,
dated October 30, 2007.
    (2) If you find corrosion or areas with debonded primer as a
result of the inspection required by paragraph (f)(1) of this AD,
before further flight, do the following:
    (i) Report the inspection results to RUAG Aerospace Services
GmbH, Dornier 228 Customer Support, P.O. Box 1253, 82231 Wessling,
Federal Republic of Germany, telephone: 011-49-8153-30-2280; fax:
011-49-8153-30-3030, and request FAA-approved repair instructions
following RUAG Aerospace Defence Technology Dornier 228 Service
Bulletin No. SB-228-270, dated October 30, 2007.
    (ii) Repair corrosion following FAA-approved repair instructions
obtained from RUAG Aerospace Services GmbH.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: The MCAI includes provisions for reporting corrosion
``beyond the acceptable level.'' However, the service information
does not include a definition of ``acceptable level.'' Therefore, to
ensure the AD is clear for U.S. operators and is enforceable, this
AD does not include the qualifier ``beyond the acceptable level.''

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District

Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI German AD D-2007-350, dated December 19, 2007;
and RUAG Aerospace Defence Technology Dornier 228 Service Bulletin
No. SB-228-270, dated October 30, 2007, for related information.

Material Incorporated by Reference

    (i) You must use RUAG Aerospace Defence Technology Dornier 228
Service Bulletin No. SB-228-270, dated October 30, 2007, to do the
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact RUAG
Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box
1253, 82231 Wessling, Federal Republic of Germany, telephone: +49
(0)8153-30-2280; fax: +49 (0) 8153-30-3030.
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-
register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on April 4, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-7806 Filed 4-18-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Page 53879]
[FR Doc No: 2023-17062]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC23-13-000]

Commission Information Collection Activities (Ferc-583); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-583, Annual Kilowatt Generating Report
(Annual Charges).

DATES: Comments on the collection of information are due October 10,
2023.

ADDRESSES: You may submit comments (identified by Docket No. IC23-13-
000) by either of the following methods:
     eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, at Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support
by email at [email protected], or by phone at:<PHONE_NUMBER>
(toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected] and telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-583, Annual Kilowatt Generating Report (Annual
Charges).
    OMB Control No.: 1902-0136.
    Type of Request: Three-year extension of the FERC-583 information
collection requirements with no changes to the existing collection.
    Abstract: Section 10(e) of the Federal Power Act (FPA) \1\ requires
the Federal Energy Commission (FERC or Commission) to collect annual
charges from entities that generate electricity with hydropower in
accordance with Commission authorization. Such charges reimburse the
federal government for the cost of administering Part I of the FPA,\2\
the use of tribal lands, the use of federal lands, and the use of
federal dams.
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    \1\ 16 U.S.C. 803(e).
    \2\ 16 U.S.C. 791 through 823d.
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    The regulations at 18 CFR 11.1(c)(5) and 11.1(d)(4) require annual
kilowatt generating reports from licensees and exemptees. The
Commission's Financial Services Division uses the reports to determine
the amount of annual charges to be assessed each licensee and exemptee.
    Types of Respondent: (1) Hydropower licensees of projects more than
1.5 megawatts of installed capacity; (2) Holders of exemptions under
section 30 of the FPA; \3\ and (3) exemptees under sections 405 and 408
of the Public Utility Regulatory Policy Act.\4\
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    \3\ 16 U.S.C. 823a.
    \4\ 16 U.S.C. 2705.
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    Estimate of Annual Burden: \5\ The following table shows the
estimated annual burden and cost:
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    \5\ ``Burden'' is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to 5 CFR 1320.3.

                                                            FERC-583 Estimated Annual Burdens
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 A                       B            C               D                     E                           F                       G
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                                                    Annual
                                                  number of
         Type of response            Number of    responses    Total number of  Average Hours & cost \6\   Total annual burden hours &      Cost per
                                    respondents      per          responses           per  response             total annual cost          respondent
                                                  respondent
                                                                (Col. B x Col.                            (Col. D x Col. E)...........    (Col. F / Col.
                                                                            C)                                                                        B)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual kilowatt generating report           550            1               550  2 hrs.; $192............  1,100 hrs.; $105,600........              $192
 18 CFR 11.1(c)(5) and 11.1(d)(4).
Application of a State or                    50            1                50  2 hrs.; $192............  100 hrs.; $9,600............               192
 municipal licensee or exemptee
 for total or partial exemption
 from the assessment of annual
 charges 18 CFR 11.6.
Appeals and requests for rehearing            2            1                 2  40hrs.; $3,840..........  80hrs.; $7,680..............             3,840
 of billing for annual charges 18
 CFR 11.20.
                                   ---------------------------------------------------------------------------------------------------------------------
    Totals........................          602  ...........               602  ........................  1,280hrs,; $122,880.........  ................
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    Comments: Comments are invited on: (1) whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
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    \6\ The Commission staff thinks that the average respondent for
this collection is similarly situated to the Commission, in terms of
salary plus benefits. Based upon FERC's 2023 annual average full-
time equivalent of $199,867 per year (for salary plus benefits), the
average hourly cost is $96.00 per hour.

    Dated: August 3, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-17062 Filed 8-8-23; 8:45 am]
BILLING CODE 6717-01-P