[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Notices]
[Pages 6152-6156]
[FR Doc No: 2012-2733]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29942; File No. 812-13950]

Henderson Global Funds, et al.; Notice of Application

February 1, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 12(d)(1)(J)
of the Investment Company Act of 1940 (the ``Act'') for an exemption
from sections 12(d)(1)(A) and (B) of the Act, under sections 6(c) and
17(b) of the Act for an exemption from sections 17(a)(1) and (2) of the
Act, and under section 6(c) of the Act for an exemption from rule 12d1-
2(a) under the Act.

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    Summary of the Application: The requested order would (a) permit
certain registered open-end management investment companies that
operate as ``funds of funds'' to acquire shares of certain registered
open-end management investment companies and unit investment trusts
(``UITs'') that are within and outside the same group of investment
companies as the acquiring investment companies, and (b) permit funds
of funds relying on rule 12d1-2 under the Act to invest in certain
financial instruments.
    Applicants: Henderson Global Funds (``Trust''), Henderson Global
Investors (North America) Inc. (``Adviser''), and Henderson Investment
Management Limited (``HIML'').

DATES: Filing Dates: The application was filed on August 30, 2011 and
amended on December 21, 2011.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on February 27, 2012, 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:
737 North Michigan Avenue Suite 1700, Chicago, Illinois 60611.

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

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

Applicants' Representations

    1. The Trust is an open-end management investment company
registered under the Act and organized as a Delaware statutory trust.
The Trust currently consists of ten series (``Funds''), which pursue
different investment objectives and principal

investment strategies.\1\ Initially, Henderson All Asset Fund (``All
Asset Fund''), a series of the Trust, intends to rely on the requested
order. The All Asset Fund has an investment objective of long-term
capital growth and invests in a wide range of asset classes, including
equities, bonds, commodities, cash, and other alternative asset
classes. The Adviser believes that the All Asset Fund would benefit
from the ability to invest in other investment companies, such as those
specializing in specific asset classes or specialized strategies. Other
Funds may in the future be structured as traditional ``funds of funds''
(each a ``Fund of Funds'') and seek to achieve their objective by
investing primarily in other investment companies.\2\
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    \1\ Applicants request that the requested order apply to each
existing and future Fund and to each existing and future registered
open-end management investment company or series thereof that is
advised by the Adviser or any entity controlling, controlled by or
under common control with the Adviser and which is part of the same
group of investment companies (as defined in section
12(d)(1)(G)(ii)) as the Trust (included in the term ``Funds'').
    \2\ All entities that currently intend to rely on the requested
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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    2. The Adviser, a Delaware corporation, is registered as an
investment adviser under the Investment Advisers Act of 1940
(``Advisers Act'') and serves as investment adviser to each of the
Funds. The Adviser employs HIML, a corporation organized under the laws
of the UK, as subadviser to manage the assets of each Fund, with the
exception of the Strategic Income Fund and Money Market Fund, each a
series of the Trust.\3\ HIML is registered as an investment adviser
under the Advisers Act. The Adviser and HIML are majority-owned
subsidiaries of Henderson Group plc.
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    \3\ HIML, together with any other subadviser within the meaning
of section 2(a)(20)(B) of the Act, ``Subadviser.''
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    3. Applicants request an order to permit (a) a Fund that operates
as a Fund of Funds to acquire shares of (i) registered open-end
management investment companies that are not part of the same ``group
of investment companies,'' within the meaning of section
12(d)(1)(G)(ii) of the Act, as the Fund of Funds (``Unaffiliated
Investment Companies'') and UITs that are not part of the same group of
investment companies as the Fund of Funds (``Unaffiliated Trusts,''
together with the Unaffiliated Investment Companies, ``Unaffiliated
Funds''),\4\ or (ii) registered open-end management companies or UITs
that are part of the same group of investment companies as the Fund of
Funds (collectively, ``Affiliated Funds,'' together with the
Unaffiliated Funds, ``Underlying Funds'') and (b) each Underlying Fund,
any principal underwriter for the Underlying Fund, and any broker or
dealer (``Broker'') registered under the Securities Exchange Act of
1934 (``Exchange Act'') to sell shares of the Underlying Fund to the
Fund of Funds. Applicants also request an order under sections 6(c) and
17(b) of the Act to exempt applicants from section 17(a) to the extent
necessary to permit Underlying Funds to sell their shares to Funds of
Funds and redeem their shares from Funds of Funds.
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    \4\ Certain of the Unaffiliated Funds may be registered under
the Act as either UITs or open-end management investment companies
and have received exemptive relief to permit their shares to be
listed and traded on a national securities exchange at negotiated
prices (``ETFs'').
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    4. Applicants also request an exemption under section 6(c) from
rule 12d1-2 under the Act to permit any existing or future Fund of
Funds that relies on section 12(d)(1)(G) of the Act (``Same Group Fund
of Funds'') and that otherwise complies with rule 12d1-2 to also
invest, to the extent consistent with its investment objective,
policies, strategies and limitations, in other financial instruments
that may not be securities within the meaning of section 2(a)(36) of
the Act (``Other Investments'').
    5. Consistent with its fiduciary obligations under the Act, the
board of trustees (``Board'') of each Same Group Fund of Funds will
review the advisory fees charged by the Same Group Fund of Fund's
Adviser to ensure that they are based on services provided that are in
addition to, rather than duplicative of, services provided pursuant to
the advisory agreement of any investment company in which the Same
Group Fund of Funds may invest.

Applicants' Legal Analysis

Investments by Funds of Funds in Underlying Funds

A. Section 12(d)(1)
    1. Section 12(d)(1)(A) of the Act, in relevant part, 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, and
any Broker 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.
    2. 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. Applicants seek an exemption under section
12(d)(1)(J) of the Act to permit a Fund of Funds to acquire shares of
the Underlying Funds in excess of the limits in section 12(d)(1)(A),
and an Underlying Fund, any principal underwriter for an Underlying
Fund, and any Broker to sell shares of an Underlying Fund to a Fund of
Funds in excess of the limits in section 12(d)(1)(B) of the Act.
    3. Applicants state that the terms and conditions of the proposed
arrangement will not give rise to the policy concerns underlying
sections 12(d)(1)(A) and (B), which include concerns about undue
influence by a fund of funds over underlying funds, excessive layering
of fees, and overly complex fund structures. Accordingly, applicants
believe that the requested exemption is consistent with the public
interest and the protection of investors.
    4. Applicants submit that the proposed arrangement will not result
in the exercise of undue influence by a Fund of Funds or a Fund of
Funds Affiliate (as defined below) over the Unaffiliated Funds.\5\ To
limit the control that a Fund of Funds may have over an Unaffiliated
Fund, applicants propose a condition prohibiting the Adviser, any
person controlling, controlled by, or under common control with the
Adviser, and any investment company or issuer that would be an
investment company but for section 3(c)(1) or 3(c)(7) of the Act that
is advised or

sponsored by the Adviser or any person controlling, controlled by, or
under common control with the Adviser (the ``Advisory Group'') from
controlling (individually or in the aggregate) an Unaffiliated Fund
within the meaning of section 2(a)(9) of the Act. The same prohibition
would apply to any Subadviser to a Fund of Funds, any person
controlling, controlled by or under common control with the Subadviser,
and any investment company or issuer that would be an investment
company but for section 3(c)(1) or 3(c)(7) of the Act (or portion of
such investment company or issuer) advised or sponsored by the
Subadviser or any person controlling, controlled by or under common
control with the Subadviser (the ``Subadvisory Group''). Applicants
propose other conditions to limit the potential for undue influence
over the Unaffiliated Funds, including that no Fund of Funds or Fund of
Funds Affiliate (except to the extent it is acting in its capacity as
an investment adviser to an Unaffiliated Investment Company or sponsor
to an Unaffiliated Trust) will cause an Unaffiliated Fund to purchase a
security in an offering of securities during the existence of any
underwriting or selling syndicate of which a principal underwriter is
an Underwriting Affiliate (``Affiliated Underwriting'').\6\
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    \5\ A ``Fund of Funds Affiliate'' is the Adviser, any
Subadviser, promoter or principal underwriter of a Fund of Funds, as
well as any person controlling, controlled by, or under common
control with any of those entities. An ``Unaffiliated Fund
Affiliate'' is an investment adviser, sponsor, promoter, or
principal underwriter of an Unaffiliated Fund, as well as any person
controlling, controlled by, or under common control with any of
those entities.
    \6\ An ``Underwriting Affiliate'' is a principal underwriter in
any underwriting or selling syndicate that is an officer, director,
trustee, member of an advisory board, investment adviser,
Subadviser, or employee of the Fund of Funds, or a person of which
any such officer, director, trustee, member of an advisory board,
investment adviser, Subadviser, or employee is an affiliated person.
An Underwriting Affiliate does not include any person whose
relationship to an Unaffiliated Fund is covered by section 10(f) of
the Act.
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    5. To further assure that an Unaffiliated Investment Company
understands the implications of an investment by a Fund of Funds under
the requested order, prior to a Fund of Funds' investment in the shares
of an Unaffiliated Investment Company in excess of the limit in section
12(d)(1)(A)(i) of the Act, the Fund of Funds and the Unaffiliated
Investment Company will execute an agreement stating, without
limitation, that their Boards and their investment advisers understand
the terms and conditions of the order and agree to fulfill their
responsibilities under the order (``Participation Agreement'').
Applicants note that an Unaffiliated Investment Company (other than an
ETF whose shares are purchased by a Fund of Funds in the secondary
market) will retain its right at all times to reject any investment by
a Fund of Funds.\7\
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    \7\ An Unaffiliated Investment Company, including an ETF, would
retain its right to reject any initial investment by a Fund of Funds
in excess of the limit in section 12(d)(1)(A)(i) of the Act by
declining to execute the Participation Agreement with the Fund of
Funds.
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    6. Applicants state that they do not believe that the proposed
arrangement will involve excessive layering of fees. The Board of each
Fund of Funds, including a majority of the trustees who are not
``interested persons'' (within the meaning of section 2(a)(19) of the
Act) (``Independent Trustees''), will find that the advisory fees
charged under any investment 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 Underlying Fund
in which the Fund of Funds may invest. In addition, the Adviser will
waive fees otherwise payable to it by the Fund of Funds in an amount at
least equal to any compensation (including fees received pursuant to
any plan adopted by an Unaffiliated Investment Company under rule 12b-1
under the Act) received from an Unaffiliated Fund by the Adviser or an
affiliated person of the Adviser, other than any advisory fees paid to
the Adviser or its affiliated person by an Unaffiliated Investment
Company, in connection with the investment by the Fund of Funds in the
Unaffiliated Fund. Any sales charges and/or service fees, as defined in
Rule 2830 of the Conduct Rules of the NASD (``NASD Conduct Rule
2830''),\8\ charged with respect to shares of a Fund of Funds will not
exceed the limits applicable to a fund of funds as set forth in NASD
Conduct Rule 2830.
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    \8\ Any references to NASD Conduct Rule 2830 include any
successor or replacement FINRA rule to NASD Conduct Rule 2830.
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    7. Applicants submit that the proposed arrangement will not create
an overly complex fund structure. Applicants note that no Underlying
Fund will acquire 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 in certain
circumstances identified in condition 11 below.
B. Section 17(a)
    1. Section 17(a) of the Act generally prohibits sales or purchases
of securities between a registered investment company and any
affiliated person of the company. Section 2(a)(3) of the Act defines an
``affiliated person'' of another person to include (a) 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; (b) any person 5% or more of whose outstanding voting
securities are directly or indirectly owned, controlled, or held with
power to vote by the other person; and (c) any person directly or
indirectly controlling, controlled by, or under common control with the
other person.
    2. Applicants state that a Fund of Funds and the Affiliated Funds
might be deemed to be under common control of the Adviser and therefore
affiliated persons of one another. Applicants also state that a Fund of
Funds and the Unaffiliated Funds might be deemed to be affiliated
persons of one another if the Fund of Funds acquires 5% or more of an
Unaffiliated Fund's outstanding voting securities. In light of these
and other possible affiliations, section 17(a) could prevent an
Underlying Fund from selling shares to and redeeming shares from a Fund
of Funds.
    3. Section 17(b) of the Act authorizes the Commission to grant an
order permitting a transaction otherwise prohibited by section 17(a) if
it finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act. Section
6(c) of the Act permits the Commission to exempt any person or
transactions from any provision of the Act 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.
    4. Applicants submit that the proposed transactions satisfy the
standards for relief under sections 17(b) and 6(c) of the Act.\9\
Applicants state that the terms of the transactions are reasonable and
fair and do not involve overreaching. Applicants state that the terms
upon which an Underlying Fund will sell its shares to or purchase its
shares from a Fund of Funds will be based on the net asset value of the

Underlying Fund.\10\ Applicants state that the proposed transactions
will be consistent with the policies of each Fund of Funds and each
Underlying Fund and with the general purposes of the Act.
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    \9\ Applicants acknowledge that receipt of any compensation by
(a) an affiliated person of a Fund of Funds, or an affiliated person
of such person, for the purchase by a Fund of Funds of shares of an
Underlying Fund or (b) an affiliated person of an Underlying Fund,
or an affiliated person of such person, for the sale by the
Underlying Fund of its shares to a Fund of Funds may be prohibited
by section 17(e)(1) of the Act. The Participation Agreement also
will include this acknowledgement.
    \10\ Applicants note that a Fund of Funds generally would
purchase and sell shares of an Unaffiliated Fund that operates as an
ETF through secondary market transactions rather than through
principal transactions with the Unaffiliated Fund. To the extent
that a Fund of Funds purchases or redeems shares from an ETF that is
an affiliated person of the Fund of Funds in exchange for a basket
of specified securities as described in the application for the
exemptive order upon which the ETF relies, applicants also request
relief from section 17(a) of the Act for those in-kind transactions.
Applicants are not seeking relief from section 17(a) for, and the
requested relief will not apply to, transactions where an ETF could
be deemed an affiliated person, or an affiliated person of an
affiliated person of a Fund of Funds, because an investment adviser
to the ETF is also an investment adviser to the Fund of Funds.
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Other Investments by Same Group Funds of Funds

    1. Section 12(d)(1)(G) of the Act provides that section 12(d)(1)
will not apply to securities of an acquired company purchased by an
acquiring company if: (i) The acquiring company and acquired company
are part of the same group of investment companies; (ii) the acquiring
company holds only securities of acquired companies that are part of
the same group of investment companies, government securities, and
short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section
22(c) of the Act by a securities association registered under section
15A of the Exchange Act or by the Commission; and (iv) the acquired
company has a policy that prohibits it from acquiring securities of
registered open-end management investment companies or registered unit
investment trusts in reliance on section 12(d)(1)(F) or (G) of the Act.
    2. Rule 12d1-2 under the Act permits a registered open-end
investment company or a registered unit investment trust that relies on
section 12(d)(1)(G) of the Act to acquire, in addition to securities
issued by another registered investment company in the same group of
investment companies, government securities, and short-term paper: (1)
Securities issued by an investment company that is not in the same
group of investment companies, when the acquisition is in reliance on
section 12(d)(1)(A) or 12(d)(1)(F) of the Act; (2) securities (other
than securities issued by an investment company); and (3) securities
issued by a money market fund, when the investment is in reliance on
rule 12d1-1 under the Act. For the purposes of rule 12d1-2,
``securities'' means any security as defined in section 2(a)(36) of the
Act.
    3. Applicants state that the proposed arrangement would comply with
the provisions of rule 12d1-2 under the Act, but for the fact that a
Same Group Fund of Funds may invest a portion of its assets in Other
Investments. Applicants request an order under section 6(c) of the Act
for an exemption from rule 12d1-2(a) to allow the Same Group Funds of
Funds to invest in Other Investments. Applicants assert that permitting
Same Group Funds of Funds to invest in Other Investments as described
in the application would not raise any of the concerns that the
requirements of section 12(d)(1) were designed to address.

Applicants' Conditions

Investments by Funds of Funds in Underlying Funds

    Applicants agree that the relief to permit Funds of Funds to invest
in Underlying Funds shall be subject to the following conditions:
    1. The members of an Advisory Group will not control (individually
or in the aggregate) an Unaffiliated Fund within the meaning of section
2(a)(9) of the Act. The members of a Subadvisory Group will not control
(individually or in the aggregate) an Unaffiliated 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 an Unaffiliated Fund, the Advisory
Group or a Subadvisory Group, each in the aggregate, becomes a holder
of more than 25 percent of the outstanding voting securities of the
Unaffiliated Fund, then the Advisory Group or the Subadvisory Group
will vote its shares of the Unaffiliated Fund in the same proportion as
the vote of all other holders of the Unaffiliated Fund's shares. This
condition will not apply to a Subadvisory Group with respect to an
Unaffiliated Fund for which the Subadviser or a person controlling,
controlled by, or under common control with the Subadviser acts as the
investment adviser within the meaning of section 2(a)(20)(A) of the Act
(in the case of an Unaffiliated Investment Company) or as the sponsor
(in the case of an Unaffiliated Trust).
    2. No Fund of Funds or Fund of Funds Affiliate will cause any
existing or potential investment by the Fund of Funds in shares of an
Unaffiliated Fund to influence the terms of any services or
transactions between the Fund of Funds or a Fund of Funds Affiliate and
the Unaffiliated Fund or an Unaffiliated Fund Affiliate.
    3. The Board of each Fund of Funds, including a majority of the
Independent Trustees, will adopt procedures reasonably designed to
assure that its Adviser and any Subadviser(s) to the Fund of Funds are
conducting the investment program of the Fund of Funds without taking
into account any consideration received by the Fund of Funds or Fund of
Funds Affiliate from an Unaffiliated Fund or an Unaffiliated Fund
Affiliate in connection with any services or transactions.
    4. Once an investment by a Fund of Funds in the securities of an
Unaffiliated Investment Company exceeds the limit of section
12(d)(1)(A)(i) of the Act, the Board of the Unaffiliated Investment
Company, including a majority of the Independent Trustees, will
determine that any consideration paid by the Unaffiliated Investment
Company to a Fund of Funds or a Fund of Funds Affiliate in connection
with any services or transactions: (a) Is fair and reasonable in
relation to the nature and quality of the services and benefits
received by the Unaffiliated Investment Company; (b) is within the
range of consideration that the Unaffiliated Investment Company would
be required to pay to another unaffiliated entity in connection with
the same services or transactions; and (c) does not involve
overreaching on the part of any person concerned. This condition does
not apply with respect to any services or transactions between an
Unaffiliated Investment Company and its investment adviser(s) or any
person controlling, controlled by, or under common control with such
investment adviser(s).
    5. No Fund of Funds or Fund of Funds Affiliate (except to the
extent it is acting in its capacity as an investment adviser to an
Unaffiliated Investment Company or sponsor to an Unaffiliated Trust)
will cause an Unaffiliated Fund to purchase a security in any
Affiliated Underwriting.
    6. The Board of an Unaffiliated Investment Company, including a
majority of the Independent Trustees, will adopt procedures reasonably
designed to monitor any purchases of securities by the Unaffiliated
Investment Company in an Affiliated Underwriting once an investment by
a Fund of Funds in the securities of the Unaffiliated Investment
Company exceeds the limit of section 12(d)(1)(A)(i) of the Act,
including any purchases made directly from an Underwriting Affiliate.
The Board of the Unaffiliated Investment Company will review these
purchases periodically, but no less frequently than

annually, to determine whether the purchases were influenced by the
investment by the Fund of Funds in the Unaffiliated Investment Company.
The Board of the Unaffiliated Investment Company will consider, among
other things, (a) whether the purchases were consistent with the
investment objectives and policies of the Unaffiliated Investment
Company; (b) 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 (c) whether the amount of
securities purchased by the Unaffiliated Investment Company in
Affiliated Underwritings and the amount purchased directly from an
Underwriting Affiliate have changed significantly from prior years. The
Board of the Unaffiliated Investment Company will take any appropriate
actions based on its review, including, if appropriate, the institution
of procedures designed to assure that purchases of securities in
Affiliated Underwritings are in the best interests of shareholders.
    7. Each Unaffiliated Investment Company shall 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 shall maintain and preserve for a period 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 an Affiliated Underwriting once an investment by a Fund
of Funds in the securities of an Unaffiliated Investment Company
exceeds the limit of section 12(d)(1)(A)(i) of the Act, setting forth
the: (a) Party from whom the securities were acquired, (b) identity of
the underwriting syndicate's members, (c) terms of the purchase, and
(d) information or materials upon which the determinations of the Board
of the Unaffiliated Investment Company were made.
    8. Prior to its investment in shares of an Unaffiliated Investment
Company in excess of the limit in section 12(d)(1)(A)(i) of the Act,
the Fund of Funds and the Unaffiliated Investment Company will execute
a Participation Agreement stating, without limitation, that their
Boards and their investment advisers 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 an
Unaffiliated Investment Company in excess of the limit in section
12(d)(1)(A)(i), a Fund of Funds will notify the Unaffiliated Investment
Company of the investment. At such time, the Fund of Funds will also
transmit to the Unaffiliated Investment Company a list of the names of
each Fund of Funds Affiliate and Underwriting Affiliate. The Fund of
Funds will notify the Unaffiliated Investment Company of any changes to
the list of the names as soon as reasonably practicable after a change
occurs. The Unaffiliated Investment Company and the Fund of Funds will
maintain and preserve a copy of the order, the Participation 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.
    9. Before approving any advisory contract under section 15 of the
Act, the Board of each Fund of Funds, including a majority of the
Independent Trustees, shall find that the advisory fees charged under
such advisory contract are based on services provided that are in
addition to, rather than duplicative of, services provided under the
advisory contract(s) of any Underlying Fund in which the Fund of Funds
may invest. Such finding and the basis upon which the finding was made
will be recorded fully in the minute books of the appropriate Fund of
Funds.
    10. The Adviser will waive fees otherwise payable to it by a Fund
of Funds in an amount at least equal to any compensation (including
fees received pursuant to any plan adopted by an Unaffiliated
Investment Company under rule 12b-1 under the Act) received from an
Unaffiliated Fund by the Adviser, or an affiliated person of the
Adviser, other than any advisory fees paid to the Adviser or its
affiliated person by an Unaffiliated Investment Company, in connection
with the investment by the Fund of Funds in the Unaffiliated Fund. Any
Subadviser will waive fees otherwise payable to the Subadviser,
directly or indirectly, by the Fund of Funds in an amount at least
equal to any compensation received by the Subadviser, or an affiliated
person of the Subadviser, from an Unaffiliated Fund, other than any
advisory fees paid to the Subadviser or its affiliated person by an
Unaffiliated Investment Company, in connection with the investment by
the Fund of Funds in the Unaffiliated Fund made at the direction of the
Subadviser. In the event that the Subadviser waives fees, the benefit
of the waiver will be passed through to the Fund of Funds.
    11. No Underlying Fund 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 that such Underlying Fund: (a) receives
securities of another investment company as a dividend or as a result
of a plan of reorganization of a company (other than a plan devised for
the purpose of evading section 12(d)(1) of the Act); or (b) acquires
(or is deemed to have acquired) securities of another investment
company pursuant to exemptive relief from the Commission permitting
such Underlying Fund to (i) acquire securities of one or more
investment companies for short-term cash management purposes, or (ii)
engage in interfund borrowing and lending transactions.
    12. Any sales charges and/or service fees charged with respect to
shares of a Fund of Funds will not exceed the limits applicable to fund
of funds set forth in NASD Conduct Rule 2830.

Other Investments by Same Group Funds of Funds

    Applicants agree that the relief to permit Same Group Funds of
Funds to invest in Other Investments shall be subject to the following
condition:
    13. Applicants will comply with all provisions of rule 12d1-2 under
the Act, except for paragraph (a)(2), to the extent that it restricts
any Same Group Fund of Funds from investing in Other Investments as
described in the application.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-2733 Filed 2-6-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45724-45726]
[FR Doc No: 2021-17497]

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

[EPA-HQ-OAR-2021-0327; FRL-8869-01-OAR]

California State Nonroad Engine Pollution Control Standards;
Large Spark-Ignition Engines Fleets Regulation; Request for
Authorization; Opportunity for Public Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has adopted amendments to its large spark-ignition engines
fleets regulation (LSI amendments). By letter dated March 15, 2021,
CARB asked that EPA issue a full authorization for the accompanying
enforcement provisions contained in their LSI amendments adopted in
2016. This notice announces that EPA has tentatively scheduled a public
hearing to consider California's authorization request for the LSI
amendments, and that EPA is now accepting written comment on the
request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's
request on September 9, 2021, at 10 a.m. ET. EPA will hold a hearing
only if any party notifies EPA by September 1, 2021, to express
interest in presenting the agency with oral testimony at a virtual
public hearing. Parties that wish to present oral testimony at a
virtual public hearing should provide written notice to David Dickinson
at the email address noted below. If EPA receives a request for a
public hearing, an announcement of the virtual public hearing along
with instructions to testify or attend the hearing will be posted at:
https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations. If EPA does not receive a
request for a public hearing, then EPA will not hold a hearing, and
instead will consider CARB's request based on written submissions to
the docket. Any party may submit written comments until October 12,
2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2021-0327, by one of the following methods:
     Online at http://www.regulations.gov: Follow the Online
Instructions for Submitting Comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2021-0327, U.S. Environmental Protection Agency, Mail code: 6102T, 1200
Pennsylvania Avenue NW, Washington, DC 20460. Please include a total of
two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.

    Instructions: All submissions received must include the Docket ID
No. for this action. Comments received may be posted without change to
https://www.regulations.gov, including any personal information
provided. For the full EPA public comment policy, information about CBI
or multimedia submissions, and general guidance on making effective
comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.
    Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets. EPA continues to monitor
information carefully and continuously from the Centers for Disease
Control and Prevention (CDC), local area health departments, and our
Federal partners so that we can respond rapidly as conditions change
regarding COVID-19.
    EPA's Office of Transportation and Air Quality also maintains a web
page that contains general information on its review of California
waiver and authorization requests. Included on that page are links to
prior waiver and authorization Federal Register notices. The page can
be accessed at https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor,
Transportation Climate Division, Office of Transportation and Air
Quality, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue
(6405A) NW, Washington, DC 20460. Telephone:<PHONE_NUMBER>. Fax: (202)
343-2804. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. California's LSI Regulations

    CARB promulgated its first LSI regulations, applicable to new LSI
engines, in 1999 and they remained unchanged until the 2008
amendments.\1\ EPA authorized the LSI regulations, on May 15, 2006.\2\
CARB adopted its initial off-road LSI fleet operator regulations on May
25, 2006 (Fleet Operator Regulations).\3\ The Fleet Operator
Regulations are designed to address the hydrocarbon (HC) and nitrogen
oxide (NOX) emissions from existing LSI engines operating in
California and require fleets to meet certain fleet average emission
level (FAEL) standards.
---------------------------------------------------------------------------

    \1\ Title 13, California Code of Regulations, sections 2430-
2439.
    \2\ 71 FR 29623 (May 15, 2006).
    \3\ EPA granted an authorization for these regulations at 77 FR
20388 (April 4, 2012).
---------------------------------------------------------------------------

    CARB adopted its 2008 LSI amendments on November 21, 2008. The 2008
LSI amendments created two new engine categories below one-liter
displacement, with new more stringent exhaust and evaporative emission
standards applicable to new engines. These amendments also provided
clarification as to when CARB's off-road sport or utility regulations
apply to certain LSI engines. CARB adopted its 2010 LSI amendments on
December 17, 2010. These amendments were designed to provide compliance
flexibility which will allow operators to reduce their compliance costs
while retaining the emission benefits associated with the original
regulations.\4\
---------------------------------------------------------------------------

    \4\ EPA granted a full authorization for the 2008 amendments and
a within-the-scope confirmation for the 2010 amendments at 80 FR.
76468 (Dec. 9, 2015).
---------------------------------------------------------------------------

    At its July 21, 2016 public hearing, the Board approved for
adoption the 2016 LSI Fleet Amendments.\5\ CARB's Executive Officer
formally adopted the 2016 LSI Fleet Amendments on May 5 2017, and
became operative under state law by the approval of California's Office
of Administrative Law on June 20, 2017.\6\ By letter dated March 15,
2021, CARB submitted a request to EPA for an authorization to enforce
the 2016 LSI Fleet Amendments and CARB asks that EPA consider its
amendments as accompanying enforcement procedures for standards that
have already been authorized by EPA in a prior decision as noted
above.\7\ The 2016 LSI Fleet Amendments include reporting requirements
(e.g., initial and annual reports, equipment transfer and sales
reports, and an extension of existing reporting requirements for fleet
operators subject to fleet average emission limits). The 2016 LSI Fleet
Amendments also include new labeling requirements wherein, based on
operator provided information, CARB will issue the operators a unique
EIN for each item of equipment reported and become the basis of a
manufacturer's equipment labels with a number of associated
requirements.
---------------------------------------------------------------------------

    \5\ See CARB Resolution 06-10 at EPA-HQ-OAR-2021-0327.
    \6\ See Executive Order R-17-002 at EPA-HQ-OAR-2021-0327.
    \7\ See EPA-HQ-OAR-2021-0327.
---------------------------------------------------------------------------

II. Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the CAA prohibits states and local governments
from adopting or attempting to enforce any standard or requirement
relating to the control of emissions from certain new nonroad vehicles
or engines. The Act also preempts states from adopting and enforcing
standards and other requirements related to the control of emissions
from non-new nonroad engines or vehicles.\8\ Section 209(e)(2),
however, requires the Administrator, after notice and opportunity for
public hearing, to authorize California to adopt and enforce standards
and other requirements relating to the control of emissions from such
vehicles or engines not preempted by section 209(e)(1) if California
determines that California standards will be, in the aggregate, at
least as protective of public health and welfare as applicable Federal
standards. However, EPA shall not grant such authorization if it finds
that (1) the determination of California is arbitrary and capricious;
(2) California does not need such California standards to meet
compelling and extraordinary conditions; or (3) California standards
and accompanying enforcement procedures are not consistent with [CAA
section 209]. In addition, other states with air quality attainment
plans may adopt and enforce such regulations if the standards, and
implementation and enforcement procedures, are identical to
California's standards.
---------------------------------------------------------------------------

    \8\ See 40 CFR 1074.10.
---------------------------------------------------------------------------

    On July 20, 1994, EPA promulgated a rule that sets forth, among
other things, regulations providing the criteria, as found in section
209(e)(2), which EPA must consider before granting any California
authorization request for new nonroad engine or vehicle emission
standards.\9\ EPA revised these regulations in 1997.\10\ As stated in
the

preamble to the 1994 rule, EPA has historically interpreted the section
209(e)(2)(iii) ``consistency'' inquiry to require, at minimum, that
California standards and enforcement procedures be consistent with
section 209(a), section 209(e)(1), and section 209(b)(1)(C) (as EPA has
interpreted that subsection in the context of section 209(b) motor
vehicle waivers).\11\
---------------------------------------------------------------------------

    \9\ 59 FR 36969 (July 20, 1994).
    \10\ 62 FR 67733 (December 30, 1997). The applicable
regulations, now in 40 CFR part 1074, subpart B, Sec.  1074.105,
provide:
    (a) The Administrator will grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as otherwise applicable
federal standards.
    (b) The authorization will not be granted if the Administrator
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling
and extraordinary conditions.
    (3) The California standards and accompanying enforcement
procedures are not consistent with section 209 of the Act.
    (c) In considering any request to authorize California to adopt
or enforce standards or other requirements relating to the control
of emissions from new nonroad spark-ignition engines smaller than 50
horsepower, the Administrator will give appropriate consideration to
safety factors (including the potential increased risk of burn or
fire) associated with compliance with the California standard.
    \11\ 59 FR 36969 (July 20, 1994).
---------------------------------------------------------------------------

    In order to be consistent with section 209(a), California's nonroad
standards and enforcement procedures must not apply to new motor
vehicles or new motor vehicle engines. To be consistent with section
209(e)(1), California's nonroad standards and enforcement procedures
must not attempt to regulate engine categories that are permanently
preempted from state regulation. To determine consistency with section
209(b)(1)(C), EPA typically reviews nonroad authorization requests
under the same ``consistency'' criteria that are applied to motor
vehicle waiver requests. Pursuant to section 209(b)(1)(C), the
Administrator shall not grant California a motor vehicle waiver if he
finds that California ``standards and accompanying enforcement
procedures are not consistent with section 202(a)'' of the Act.
Previous decisions granting waivers and authorizations have noted that
state standards and enforcement procedures are inconsistent with
section 202(a) if: (1) There is inadequate lead time to permit the
development of the necessary technology giving appropriate
consideration to the cost of compliance within that time, or (2) the
federal and state testing procedures impose inconsistent certification
requirements.\12\
---------------------------------------------------------------------------

    \12\ Id. See also 78 FR 58090, 58092 (September 20, 2013).
---------------------------------------------------------------------------

    When considering whether to grant authorizations for accompanying
enforcement procedures tied to standards (such as record keeping and
labeling requirements) for which an authorization has already been
granted, EPA has evaluated (1) whether the enforcement procedures are
so lax that they threaten the validity of California's determination
that its standards are as protective of public health and welfare as
applicable federal standards, and (2) whether the federal and
California enforcement procedures are consistent.\13\
---------------------------------------------------------------------------

    \13\ See Motor and Equipment Manufacturers Association v
Environmental Protection Agency, 627 F.2d 1095 (D.C. Cir. 1979).
---------------------------------------------------------------------------

III. EPA's Request for Comments

    As stated above, EPA is offering the opportunity for a public
hearing, and is requesting written comment on issues relevant to EPA's
consideration of the accompanying enforcement procedures established
within the 2016 LSI Fleet Amendments. Specifically, we request comment
on whether California's 2016 LSI Fleet Amendments: (a) Undermine
California's previous determination that its standards, in the
aggregate, are at least as protective of public health and welfare as
comparable federal standards; (b) affect the consistency of
California's requirements with section 209 of the Act; or (c) raise any
other new issues affecting EPA's previous waiver or authorization
determinations.

IV. Procedures for Public Participation

    If a hearing is held, the Agency will make a verbatim record of the
proceedings. Interested parties may arrange with the reporter at the
hearing to obtain a copy of the transcript at their own expense.
Regardless of whether a public hearing is held, EPA will keep the
record open until October 12, 2021. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record from the public hearing, if any, all relevant
written submissions, and other information that he deems pertinent. All
information will be available for inspection at the EPA Air Docket No.
EPA-HQ-OAR-2021-0327.
    Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest extent
possible and label it as ``Confidential Business Information''
(``CBI''). If a person making comments wants EPA to base its decision
on a submission labeled as CBI, then a non-confidential version of the
document that summarizes the key data or information should be
submitted to the public docket. To ensure that proprietary information
is not inadvertently placed in the public docket, submissions
containing such information should be sent directly to the contact
person listed above and not to the public docket. Information covered
by a claim of confidentiality will be disclosed by EPA only to the
extent allowed, and according to the procedures set forth in 40 CFR
part 2. If no claim of confidentiality accompanies the submission when
EPA receives it, EPA will make it available to the public without
further notice to the person making comments.

    Dated: August 11, 2021.
Karl Simon,
Director, Transportation and Climate Division, Office of Transportation
and Air Quality, Office of Air and Radiation.
[FR Doc. 2021-17497 Filed 8-13-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices]
[Page 39552-39554]
[DOCID:fr09jy10-66]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2010-0231]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0089

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day Notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
request for comments announces that the U.S. Coast Guard is forwarding
an Information Collection Request (ICR), abstracted below, to the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget (OMB) requesting, a re-instatement with change,
of its approval for the following collection of information: 1625-0089,
National Recreational Boating Survey. Our ICR describes the information
we seek to collect from the public. Review and comments by OIRA ensure
we only impose paperwork burdens commensurate with our performance of
duties.

DATES: Please submit on or before August 9, 2010.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2010-0231] to the Docket Management Facility (DMF) at the
U.S. Department of Transportation (DOT) or to OIRA. To avoid
duplication, please submit your comments by only one of the following
means:
    (1) Electronic submission. (a) To Coast Guard docket at http://
www.regulation.gov. (b) To OIRA by e-mail via: oira_
<EMAIL_ADDRESS>    (2) Mail or Hand delivery. (a) DMF (M-30), DOT, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590-0001. Hand deliver between the hours of 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. The telephone number is 202-
366-9329. (b) To OIRA, 725 17th Street, NW., Washington, DC 20503,
attention Desk Officer for the Coast Guard.
    (3) Fax. (a) To DMF,<PHONE_NUMBER>. (b) To OIRA at<PHONE_NUMBER>. To
ensure your comments are received in a timely manner, mark the fax,
attention Desk Officer for the Coast Guard.
    The DMF maintains the public docket for this Notice. Comments and
material received from the public, as well as documents mentioned in
this Notice as being available in the docket, will become part of the
docket and will be available for inspection or copying at Room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find the docket on the Internet
at http://www.regulations.gov.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-611), ATTN Paperwork Reduction Act Manager, U.S. Coast
Guard, 2100 2nd St., SW., STOP 7101, Washington, DC 20593-7101.

FOR FURTHER INFORMATION CONTACT: Contact Mr. Arthur Requina, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents. Contact Ms. Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION: The Coast Guard invites comments on whether
this ICR should be granted based on it being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
collections; (2) the accuracy of the estimated burden of the
collections; (3) ways to enhance the quality, utility, and clarity of
information subject to the collections; and (4) ways to minimize the
burden of the collections on respondents, including the use of
automated collection techniques or other forms of information
technology.
    Comments to Coast Guard or OIRA must contain the OMB Control Number
of the ICR. They must also contain the docket number of this request,
[USCG-2010-0231]. For your comments to OIRA to be considered, it is
best if they are received on or before August 9, 2010.
    Public participation and request for comments: We encourage you to
respond to this request by submitting comments and related materials.
We will post all comments received, without change, to http://
www.regulations.gov. They will include any personal information you
provide. We have an agreement with DOT to use their DMF. Please see the
``Privacy Act'' paragraph below.
    Submitting comments: If you submit a comment, please include the
docket number [USCG-2010-0231], indicate the specific section of the
document to which each comment applies, providing a reason for each
comment. We recommend you include your name, mailing address, an e-mail
address, or other contact information in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit comments and material by electronic means, mail, fax, or
delivery to the DMF at the address under ADDRESSES; but please submit
them by only one means. If you submit them by mail or delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. In response to your comments, we
may revise the ICR or decide not to seek an extension of approval for
this collection. The Coast Guard and OIRA will consider all comments
and material received during the comment period.
    Viewing comments and documents: Go to http://www.regulations.gov to
view documents mentioned in this Notice as being available in the
docket. Click on the ``read comments'' box, which will then become
highlighted in blue. In the ``Keyword'' box insert ``USCG-2010-0231''
and click ``Search.'' Click the ``Open Docket Folder'' in the
``Actions'' column. You may also visit the DMF in Room W12-140 on the
West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    Privacy Act: Anyone can search the electronic form of all comments
received in dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the Privacy
Act statement regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day Notice (75 FR 19413, April 14, 2010)
as required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments.

Information Collection Request

    Title: National Recreational Boating Survey.
    OMB Control Number: 1625-0089.
    Type of Request: Re-instatement with change.
    Respondents: Recreational boating participants and owners of
recreational vessels.
    Abstract: The Federal Boat Safety Act of 1971 determines the
framework of the Coast Guard Recreational Boating Safety Program. This
Program, as set forth in 46 U.S.C., Chapter 131, requires the Coast
Guard to ``encourage greater State participation and uniformity in
boating safety efforts, and particularly to permit the States to assume
a greater share of boating safety education, assistance, and
enforcement activities.'' (See 46 U.S.C. 13102.) The Coast Guard Office
of Boating Safety achieves these goals by providing timely and relevant
information on subject activities that occur in each respective
jurisdiction.

The boating information provided by the Coast Guard enables each State
agency to tailor and implement safety initiatives addressing specific
needs of boaters in local jurisdictions. The primary objective of this
collection is to provide the Coast Guard with the required information
in a format suitable to effectively manage the Program.
    Forms: None.
    Burden Estimate: This is a biennial requirement. In the year the
survey is conducted, the burden is estimated to be 10,880 hours.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: July 2, 2010.
M.B. Lytle,
Captain, U.S. Coast Guard, Acting Assistant Commandant for Command,
Control, Communications, Computers and Information Technology.
[FR Doc. 2010-16719 Filed 7-8-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Pages 22395-22396]
[FR Doc No: 2010-9791]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

April 19, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-606-000.
    Applicants: Gas Transmission Northwest Corporation.
    Description: Gas Transmission Northwest Corporation submits Twenty-
Third Revised Sheet 24 et al. to FERC Gas Tariff, Third Revised Volume
1-A to be effective 4/15/10.
    Filed Date: 04/15/2010.
    Accession Number: 20100415-0208.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 27, 2010.

    Docket Numbers: RP10-607-000.
    Applicants: Guardian Pipeline, LLC
    Description: Guardian Pipeline, LLC submits First Revised Sheet 5A
et al. to FERC Gas Tariff, Original Volume 1, to be effective 6/1/10.
    Filed Date: 04/15/2010.
    Accession Number: 20100415-0207.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 27, 2010.

    Docket Numbers: RP10-608-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Transcontinental Gas Pipe Line Company submits
transportation service agreements for Rate Schedule FT.
    Filed Date: 04/15/2010.
    Accession Number: 20100415-0205.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 27, 2010.

    Docket Numbers: RP10-609-000.

    Applicants: Algonquin Gas Transmission, LLC.
    Description: Algonquin Gas Transmission, LLC submits Second Revised
Sheet 89 et al. to FERC Gas Tariff, Fifth Revised Volume 1, to be
effective 6/1/10.
    Filed Date: 04/15/2010.
    Accession Number: 20100415-0206.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 27, 2010.

    Docket Numbers: RP10-610-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits the capacity
release agreement containing negotiated rate provisions with Texla
Energy Management, Inc.
    Filed Date: 04/15/2010.
    Accession Number: 20100416-0202.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 27, 2010.

    Docket Numbers: RP10-611-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Panhandle Eastern Pipe Line Company, LP submits Third
Revised Sheet 1A et al. to FERC Gas Tariff, Third Revised Volume 1, to
be effective 5/16/10.
    Filed Date: 04/15/2010.
    Accession Number: 20100416-0203.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 27, 2010.

    Docket Numbers: RP10-612-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits capacity
release agreement containing negotiated rate provisions by Texla Energy
Management, Inc.
    Filed Date: 04/16/2010.
    Accession Number: 20100416-0206.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 28, 2010.

    Docket Numbers: RP10-613-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
firm transportation service agreements under Rate Schedule FT.
    Filed Date: 04/16/2010.
    Accession Number: 20100416-0207.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 28, 2010.

    Docket Numbers: RP10-614-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Pipeline Company, LLC submits Penalty
Revenue Crediting Report for the quarter ended 3/31/10.
    Filed Date: 04/16/2010.
    Accession Number: 20100416-0208.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 28, 2010.

    Docket Numbers: RP10-615-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Texas Eastern Transmission, LP submits Second Revised
Sheet 121K to its FERC Gas Tariff, Seventh Revised Volume 1 to be
effective 4/17/10.
    Filed Date: 04/16/2010.
    Accession Number: 20100416-0209.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 28, 2010.

    Docket Numbers: RP10-616-000.
    Applicants: Equitrans, LP
    Description: Equitrans, LP submits First Revised Sheet 0 et al. to
its FERC Gas Tariff, Original Volume 1 to be effective 5/16/10.
    Filed Date: 04/16/2010.
    Accession Number: 20100416-0210.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 28, 2010.

    Docket Numbers: RP10-617-000.
    Applicants: ANR Storage Company.
    Description: ANR Storage Co. submits a negotiated rate agreement
amendment.
    Filed Date: 04/16/2010.
    Accession Number: 20100416-0220.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 28, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-9791 Filed 4-27-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43724-43725]
[FR Doc No: 2018-18504]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Procedures for
Non-Federal Navigation Facilities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The information collected is necessary to ensure that
operation and maintenance of these non-Federally owned facilities is in
accordance with FAA safety standards.

DATES: Written comments should be submitted by October 26, 2018.

ADDRESSES: Send comments to the FAA at the following address: Barbara
Hall, Federal Aviation Administration, ASP-110, 10101 Hillwood Parkway,
Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Barbara Hall by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The collection involves the compilation of:
     Commissioning data, such as the initial standards and
tolerances parameters for the aerial navigation aids (NavAids) and
electrical/electronic facilities, owned and operated by non-Federal
sponsors;
     Maintenance activities and operational history, such as
outages and repairs, for facilities owned and operated by non-Federal
sponsors; and
     The facilities' periodically verified parameters for the
life of the facility.
    OMB Control Number: 2120-0014.
    Title: Procedures for Non-Federal Navigation Facilities.
    Form Numbers: FAA Form 6000-10; FAA Form 6000-8; FAA Form 6030-1.
    Type of Review: Renewal of an information collection.
    Background: Title 14 CFR part 171 establishes procedures and
requirements for non-Federal sponsors, (``non-Federal sponsors'' refers
to entities such as state and local governments, businesses, and
private citizens) to purchase, install, operate, and maintain
electronic NavAids for use by the flying public, in the National
Airspace System (NAS). Part 171 describes procedures for receiving
permission to install a facility and requirements to keep it in
service. Documenting the initial parameters during commissioning is
necessary to have a baseline to reference during future inspections.
Another requirement is recording maintenance tasks, removal from
service, and any other repairs performed on these facilities in on-site
logs to have an accurate history on the performance of the facility. In
addition, at each periodic inspection, recording the facilities'
current parameters provides performance information for the life of the
facility. Records must be kept on site and the FAA must receive copies
of the logs.
    Respondents: Approximately 2,600 non-Federal navigation
facilities--no more than 2,600 respondents.
    Frequency: Information is collected (submitted to Inspectors) on
occasion.

    Estimated Average Burden per Response: 13.72 hours per year.

 Form 6000-10, 1.72 hours per response
 Form 6000-8, 30 minutes per response
 Form 6030-1, 30 minutes per response

    Estimated Total Annual Burden: Approximately 36,000 hours per year.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on August 22, 2018.
Robin Darden,
Management Support Specialist, Performance, Policy, and Records
Management Branch, ASP-110.
[FR Doc. 2018-18504 Filed 8-24-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 25, 2008 (Volume 73, Number 187)]
[Notices]
[Page 55588-55589]
[DOCID:fr25se08-103]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Centennial Airport, Englewood, CO; FAA Approval of Noise
Compatibility Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice, Noise compatibility program.

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

SUMMARY: The FAA's Federal Register Notice entitled ``Approval of Noise
Compatibility Program; Centennial Airport, Englewood, CO;'' published
August 21, 2008, published with several inaccuracies. Because of those
inaccuracies we withdraw the August 21, 2008 notice (73 FR 49635) and
are issuing this notice to replace the August 21, 2008 notice. The
Federal Aviation Administration (FAA) announces its findings on the
noise compatibility program submitted by the Arapahoe County Public
Airport Authority for the Centennial Airport under the provisions of
Title I of the Aviation Safety and Noise Abatement Act of 1979 (Pub. L.
96-193) and 14 CFR Part 150, Airport Noise Compatibility Planning.
These findings are made in recognition of the description of federal
and non-federal responsibilities in Senate Report No. 96-52 (1980). On
August 12, 2008, FAA Airports Division Manager approved the Centennial
Airport noise compatibility program. Of the twelve proposed program
elements, FAA approved eight and reserved approval of another two
measures pending further study. The remaining two measures were
disapproved.

DATES: Effective Date: The effective date of the FAA's approval of the
Centennial Airport noise compatibility program is August 12, 2008.

FOR FURTHER INFORMATION CONTACT: Linda Bruce, Federal Aviation
Administration, Denver Airports District Office, 26805 E. 68th Avenue,
Suite 224, Denver, Colorado 80249-6361, Telephone<PHONE_NUMBER>.
Documents reflecting this FAA action may be obtained from Ms. Bruce or
on the Internet at http://www.faa.gov/airports-airtraffic/airports/
regional-guidance/northwest-mountain/environmental/.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the Centennial Airport noise compatibility
program, effective August 12, 2008.
    Under Section 104(a) of the Aviation Safety and Noise Abatement Act
of 1979 (hereinafter the Act), an airport operator who has previously
submitted a noise exposure map may submit to the FAA a noise
compatibility program which sets forth the measures taken or proposed
by the airport operator for the reduction of existing noncompatible
land uses and prevention of additional noncompatible land uses within
the area covered by the noise exposure maps.
    The Act requires such programs to be developed in consultation with
interested and affected parties including local communities, government
agencies, airport users, and FAA personnel.
    Each airport noise compatibility program developed in accordance
with 14 CFR Part 150 is a local program, not a federal program. The FAA
does not substitute its judgment for that of the airport sponsor with
respect to which measures should be recommended for action. The FAA's
approval or disapproval of Part 150 program recommendations is measured
according to the standards expressed in Part 150 and the Act, and is
limited to the following determinations:
    (a) The noise compatibility program was developed in accordance
with the provisions and procedures of 14 CFR Part 150;
    (b) Program measures are reasonably consistent with achieving the
goals of reducing existing noncompatible land uses around the airport
and preventing the introduction of additional noncompatible land uses;
    (c) Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the federal government; and
    (d) Program measures relating to the use of flight procedures can
be implemented within the period covered by the program without
derogating safety, adversely affecting the efficient use and management
of the navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the FAA Administrator,
as prescribed by law.
    Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in Part 150.5. Approval is
not a determination concerning the acceptability of land uses under
Federal, state, or local law. Approval does not by itself constitute a
FAA implementing action. A request for Federal action or approval to
implement specific noise compatibility measures may be required, and an
FAA decision on the request may require an environmental assessment of
the proposed action.

Approval does not constitute a commitment by the FAA to financially
assist in the implementation of the program nor a determination that
all measures covered by the program are eligible for grant-in-aid
funding from the FAA under the Airport and Airway Improvement Act of
1982. Where Federal funding is sought, the airport sponsor must submit
requests for project grants to the FAA Denver Airports District Office
in Denver, Colorado.
    The Centennial Airport study contains a proposed noise
compatibility program comprised of actions designed for implementation
by airport management and adjacent jurisdictions from the date of study
completion to beyond the year 2012. The Arapahoe County Public Airport
Authority, Englewood, CO, requested that the FAA evaluate and approve
this material as a noise compatibility program for the Centennial
Airport, as described in Section 104(b) of the Act. The FAA began its
review of the program on February 22, 2008, and was required by a
provision of the Act to approve or disapprove the program within 180
days (other than the use of new flight procedures for noise control).
Failure to approve or disapprove such a program within the 180-day
period shall be deemed to be an approval of such a program.
    The submitted program contained 12 proposed actions to address
noise on and off the airport. The FAA completed its review and
determined that the overall program complied with procedural and
substantive requirements of the Act and Part 150. The overall program,
therefore, was approved by FAA effective August 12, 2008.
    FAA granted outright approval for five of the specific program
recommendations. One of these approved elements involves voluntary
measures that the airport sponsor can encourage pilots to use to help
minimize aircraft noise. The other four approved recommendations
involve program management and are intended to assist in the
development and operations of a noise abatement office and noise
monitoring efforts. These measures include the installation of a
permanent noise monitoring system to monitor noise levels and
compliance with noise abatement measures and the use of a public
advisory committee to monitor programs implemented as a result on the
adoption of the NCP, including the Noise Monitoring Program.
    FAA approved in part the NCP recommendation that addresses land use
planning. This recommendation involves the airport authority working
with the local municipalities to amend zoning requirements,
comprehensive plans and development regulations to minimize new,
noncompatible land uses near the airport and to minimize the impact on
airspace surrounding the airport, including 14 CFR Part 77 imaginary
surfaces. FAA disapproved for Part 150 purposes portions of this
recommendation related to airspace issues regulated under Part 77.
    In addition, the airport sponsor proposes four changes to flight
procedures. One of these measures, a change to nighttime flight
procedures for jets departing to the north, FAA approved, subject to
further environmental review and air traffic operational safety and
efficiency. FAA also approved, for Part 150 purposes, the elimination
of the preferential runway procedure.
    FAA disapproved the remaining two program elements that involve
proposed changes to flight procedures. FAA Air Traffic Control
determined these procedures would create numerous adverse impacts to
safety and efficiency of air traffic control operations. These
procedures would have tested 24-hour flight tracks between 350 and 010
degree headings and implemented a 170 degree departure heading to 4 DME
or 8,000 MSL ( 20 degrees).
    The airport sponsor also proposes banning certain type of aircraft
operations. In particular, the airport sponsor proposes the ban of
Stage I aircraft under 75,000 lbs. from operating at Centennial Airport
but did not provide data supporting the noise benefit of such a ban,
per Part 150 requirements. For this reason, the FAA disapproved this
recommendation pending further study. The Arapahoe Public Airport
Authority may submit this additional information to FAA for further
evaluation.
    FAA also disapproved the proposed ban of Stage 2 aircraft between
the hours of 10 p.m. and 6 a.m., pending additional information needed
from the airport sponsor, as required under 14 CFR Part 161. The
Arapahoe Public Airport Authority studied the noise benefit of such a
ban and describes this benefit in its NCP. While this meets the
requirements of Part 150, Part 161 requires additional FAA review and
approval to determine the impact of such a ban on air commerce and the
national airspace system prior to implementing the ban.
    FAA's determinations are set forth in detail in a Record of
Approval endorsed by the FAA Airports Division Manager on August 12,
2008. The Record of Approval, as well as other evaluation materials and
the documents comprising the submittal, are available for review at the
FAA office and Internet site listed above and at the administrative
offices of the Arapahoe County Public Airport Authority, Englewood, CO.

    Re-issued in Renton, Washington, on August 25, 2008.
Donna P. Taylor,
Manager, Airports Division, FAA Northwest Mountain Region.
[FR Doc. E8-22460 Filed 9-24-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: April 29, 2008 (Volume 73, Number 83)]
[Notices]
[Page 23305-23306]
[DOCID:fr29ap08-125]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2007-28505]

Pipeline Safety: Requests for Special Permit

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

ACTION: Notice.

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SUMMARY: The Federal pipeline safety laws allow a pipeline operator to
request PHMSA to waive compliance with any part of the Federal pipeline
safety regulations by granting a special permit to the operator. PHMSA
is publishing this notice to provide a list of special permit requests
we have received from pipeline operators seeking relief from compliance
with certain pipeline safety regulations. This notice seeks public
comment on these requests, including comments on any environmental
impacts. At the conclusion of the comment period, PHMSA will evaluate
each request individually to determine whether to grant or deny a
special permit.

DATES: Submit any comments regarding any of these special permit
requests by May 29, 2008.

ADDRESSES: Comments should reference the docket number for the special
permit request and may be submitted in the following ways:
     E-Gov Web Site: http://www.regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
     Fax: 1-202-493-2251.
     Mail: Docket Management System: U.S. Department of
Transportation, Docket Operations, M-30, West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: DOT Docket Management System; U.S.
Department of Transportation, Docket Operations, M-30, West Building,
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590 between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    Instructions: You should identify the docket number for the special
permit

request you are commenting on at the beginning of your comments. If you
submit your comments by mail, submit two copies. To receive
confirmation that PHMSA received your comments, include a self-
addressed stamped postcard. Internet users may submit comments at
http://www.regulations.gov.

    Note: Comments are posted without changes or edits to http://
www.regulations.gov, including any personal information provided.
There is a privacy statement published on http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Wayne Lemoi by telephone at (404) 832-
1160; or, e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: PHMSA has filed in the Federal docket
management system at http://www.regulations.gov requests for special
permits we have received from pipeline operators seeking relief from
compliance with certain pipeline safety regulations. Each request has
been assigned a separate docket number. We invite interested persons to
participate by reviewing these special permit requests and by
submitting written comments, data or other views. Please include any
comments on environmental impacts granting the special permit may have.
    Before acting on any special permit request, PHMSA will evaluate
all comments received on or before the comment closing date. We will
consider comments received after this date if it is possible to do so
without incurring additional expense or delay. We may grant a special
permit or deny a request based on the comments we receive.
    PHMSA has received the following special permit requests:

----------------------------------------------------------------------------------------------------------------
           Docket No.                    Requester              Regulation(s)         Nature of special permit
----------------------------------------------------------------------------------------------------------------
 PHMSA-2008-0066...............   Columbia Gulf             49 CFR 195.452(h).....   To authorize CGT to operate
                                  Transmission Company                               nine pipeline segments in
                                  (CGT).                                             three sections of Mainline
                                                                                100, 200 and 300 in
                                                                                Williamson and Davidson
                                                                                Counties, Tennessee without
                                                                                reducing the operating
                                                                                pressure as a result of
                                                                                changes from Class 1 and
                                                                                Class 2 locations to Class
                                                                                3 locations.
 PHMSA-2008-0067...............   Boardwalk Pipeline        49 CFR 192.111, 49 CFR   To authorize Boardwalk to
                                  Partners, LP              192.201.                 construct and operate
                                  (Boardwalk).                                       approximately 262.6 miles
                                                                                of two, 36-inch, natural
                                                                                gas transmission lateral
                                                                                pipelines at a maximum
                                                                                allowable operating
                                                                                pressure (MAOP) of 1250
                                                                                pounds per square inch
                                                                                gauge (psig), which
                                                                                corresponds to a pipe
                                                                                stress level up to 80
                                                                                percent of the steel pipe's
                                                                                specified minimum yield
                                                                                strength (SMYS) in Class 1
                                                                                locations, 67 percent SMYS
                                                                                in Class 2 locations, and
                                                                                56 percent SMYS in Class 3
                                                                                locations. The pipelines
                                                                                are the 166.2-mile
                                                                                Fayetteville Lateral
                                                                                located primarily in
                                                                                Arkansas but crosses the
                                                                                Mississippi River into
                                                                                western Mississippi and the
                                                                                96.4-mile Greenville
                                                                                Lateral located entirely in
                                                                                Mississippi.
 PHMSA-2008-0068...............   Gulf Crossing Pipeline    49 CFR 192.111, 49 CFR   To authorize GCPC to
                                  Company (GCPC).           192.201.                 construct and operate
                                                                                approximately 353.2 miles
                                                                                of a new 42-inch natural
                                                                                gas transmission pipeline
                                                                                running from Grayson
                                                                                County, Texas to Madison
                                                                                Parish, Louisiana at an
                                                                                MAOP of 1480 psig, which
                                                                                corresponds to a pipe
                                                                                stress level up to 80
                                                                                percent of SMYS in Class 1
                                                                                locations, 67 percent SMYS
                                                                                in Class 2 locations and 56
                                                                                percent SMYS in Class 3
                                                                                locations. The special
                                                                                permit request also
                                                                                includes a 17.8-mile, 42-
                                                                                inch, loop line from Hinds
                                                                                County to Simpson County,
                                                                                MS, which is part of the
                                                                                Gulf Crossing project.
 PHMSA-2008-0077...............   Florida Gas               49 CFR 192.111, 49 CFR   To authorize FGT to operate
                                  Transmission Company      192.201, 49 CFR          certain pipeline segments
                                  (FGT).                    192.505, 49 CFR          along its approximately
                                                            192.611, 49 CFR          741.2-mile mainline natural
                                                            192.619.                 gas transmission pipeline
                                                                                system running from Mobile
                                                                                County, Alabama to Lee
                                                                                County, Florida at an MAOP
                                                                                of up to 1333 psig, which
                                                                                corresponds to a pipe
                                                                                stress level up to 80
                                                                                percent of SMYS in Class 1
                                                                                locations, 67 percent SMYS
                                                                                in Class 2 locations and 56
                                                                                percent SMYS in Class 3
                                                                                locations.
----------------------------------------------------------------------------------------------------------------

    Authority: 49 U.S.C. 60118(c)(1) and 49 CFR 1.53.

     Issued in Washington, DC on April 21, 2008.
Barbara Betsock,
Acting Director, Office of Regulations.
 [FR Doc. E8-9259 Filed 4-28-08; 8:45 am]

BILLING CODE 4910-60-P