[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Page 46151]
[FR Doc No: 2023-15315]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15038-001]

Let It Go, LLC; Notice Updating Procedural Schedule

    Take notice that the schedule for processing the Jefferson Mill
Hydroelectric Project No. 15038 exemption application has been updated.
Subsequent revisions to the schedule may be made as appropriate.
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    \1\ The Council on Environmental Quality's (CEQ) regulations
under 40 CFR 1501.10(b)(1) require that EAs be completed within 1
year of the Federal action agency's decision to prepare an EA. The
Commission's October 28, 2022, notice established the Commission's
intent to prepare an EA for the Jefferson Mill Project. Therefore,
in accordance with CEQ's regulations, the EA must be issued by
October 28, 2023.

------------------------------------------------------------------------
                MILESTONE                           Target date
------------------------------------------------------------------------
Commission issues EA.....................  July 2023.\1\
Commission issues draft Programmatic       July 2023.
 Agreement (PA).
Comments on EA (due 30 days after EA       August 2023.
 issuance).
Comments on draft PA (due 30 days after    August 2023.
 draft PA issuance).
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    Dated: July 13, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-15315 Filed 7-18-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 9, 2006 (Volume 71, Number 153)]
[Notices]
[Page 45590-45591]
[DOCID:fr09au06-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54264; File No. SR-NASDAQ-2006-015]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Fees Associated With the Use of the National Association of
Securities Dealers, Inc.'s Web Central Registration Depository System

August 2, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 17, 2006, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II and III below, which Items have
been prepared by Nasdaq. Nasdaq has designated this proposal as
establishing or changing a due, fee, or other charge imposed by Nasdaq
pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to implement fees for Nasdaq members that are not
members of the National Association of Securities Dealers, Inc.
(``NASD''), in connection with such members' use of NASD's Web Central
Registration Depository (``CRD'') system. Nasdaq will implement the
proposed rule change immediately. The text of the proposed rule change
is below. Proposed new language is italicized.
* * * * *

7003. Registration and Processing Fees

    The following fees will be collected and retained by NASD via the
Web CRD registration system for the registration of associated persons
of Nasdaq members that are not also NASD members:
    (1) $85 for each initial Form U4 filed for the registration of a
representative or principal;
    (2) $95 for the additional processing of each initial or amended
Form U4 or Form U5 that includes the initial reporting, amendment, or
certification of one or more disclosure events or proceedings;
    (3) $30 annually for each of the member's registered
representatives and principals for system processing;
    (4) $13 for processing and posting to the CRD system each set of
fingerprints submitted by the member, plus a pass-through of any other
charge imposed by the United States Department of Justice for
processing each set of fingerprints;
    (5) $13 for processing and posting to the CRD system each set of
fingerprint results and identifying information that has been processed
through a self-regulatory organization other than NASD; and
    (6) a $75 session fee for each individual who is required to
complete the Regulatory Element of the Continuing Education
Requirements pursuant to Nasdaq Rule 1120.
* * * * *

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

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to adopt fees associated
with the use of NASD's Web CRD system.\5\ The proposed fees are similar
to those fees charged by other SROs that use NASD's Web CRD.\6\ Members
will pay the NASD fees associated with Web CRD directly to NASD through
Web CRD.
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    \5\ Use of NASD's Web CRD system by Nasdaq members is required
by Nasdaq Rule 1013. Fees for the use of Web CRD by Nasdaq members
that are also NASD members are assessed by NASD under Schedule A,
Section 4 of the NASD By-Laws. This filing will enable the NASD to
collect certain fees from Nasdaq members that are not NASD members.
To the extent that such Nasdaq members are already members of
another self-regulatory organization (``SRO'') that participates in
Web CRD, these fees are already being assessed by NASD under the
authority of such other SRO. Accordingly, this filing will not
result in the imposition of duplicative fees by NASD.
    \6\ See Securities Exchange Act Release Nos. 53688 (April 20,
2006), 71 FR 24885 (April 27, 2006) (SR-Phlx-2006-24); 51641 (May 2,
2005), 70 FR 24155 (May 6, 2005) (SR-PCX-2005-49); 48066 (June 19,
2003), 68 FR 38409 (June 27, 2003) (SR-AMEX-2003-49); and 45112
(November 28, 2001), 66 FR 63086 (December 4, 2001) (SR-NYSE-2001-
47).
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    Specifically, members will pay: (a) An NASD CRD Processing Fee of
$85 for each initial U4 filed; (b) an NASD Disclosure Processing Fee of
$95 for each initial or amended U4 or U5 that includes the initial
reporting, amendment, or certification of one or more disclosure events
or proceedings; (c) an NASD Annual System Processing Fee of $30; (d) a
$75 session fee for individuals required to complete the Regulatory
Element of the Continuing Education Requirements under Nasdaq Rule
1120; (e) a fingerprinting fee for submission of fingerprints to NASD
equal to $13 plus a pass-through of the applicable Department of
Justice fee (currently $22 for a first or a third submission ); and (f)
a $13 fee for processing fingerprint results where the member had
prints processed through an SRO other than the NASD. NASD will process
the fingerprint cards using Web CRD, in accordance with Nasdaq's
Fingerprinting Plan.\7\
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    \7\ Securities Exchange Act Release No. 53908 (May 31, 2006), 71
FR 33007 (June 7, 2006).
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act \8\ in general, and with Section
6(b)(4) of the Act \9\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using Nasdaq's facilities.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) \10\ of the Act and paragraph (f)(2) of Rule 19b-4
thereunder,\11\ in that it establishes or changes a due, fee, or other
charge applicable to Nasdaq members.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2006-015 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASDAQ-2006-015.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2006-015 and should be submitted on or before
August 30, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-12892 Filed 8-8-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: January 4, 2006 (Volume 71, Number 2)]
[Notices]
[Page 373-375]
[DOCID:fr04ja06-96]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IA-2469/803-181]

Greenhouse Associates, LLC and Superior Partners, LP; Notice of
Application

December 28, 2005.
AGENCY: Securities and Exchange Commission (``SEC'').

ACTION: Notice of Application for Exemption under the Investment
Advisers Act of 1940 (``Advisers Act'' or ``Act'').

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Applicant: Greenhouse Associates, LLC (``Greenhouse'') and Superior
Partners LP (``Superior'') (collectively, ``Applicants'').

Relevant Advisers Act Sections: Exemption requested under section
205(e) of the Advisers Act from section 205(a)(1) of that Act.

Summary of Application: Applicants request an order under section
205(e) of the Advisers Act to permit registered investment advisers to
charge each of the Applicants performance-based advisory fees
notwithstanding the prohibition set forth in section 205(a)(1) of the
Act.

Filing Dates: The application was filed on February 16, 2005, and
amended on December 8, 2005.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the SEC orders a hearing. Interested persons may
request a hearing by writing to the SEC's Secretary and serving each of
the Applicants with a copy of the request, either personally or by
mail. Hearing requests should be received by the SEC by 5:30 p.m., on
January 20, 2006, and should be accompanied by proof of service on each
of the 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 may request notification of a hearing by writing to
the SEC's Secretary.

ADDRESSES: SEC: Secretary, Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-9303. Applicants: (1) Greenhouse:
Greenhouse Associates, LLC, c/o Dudley & Shanley, LLC, 130 Maple
Avenue, Suite EB-2, Red Bank, NJ 07701-1735; (2) Superior: Superior
Partners, LP, c/o Dudley & Shanley, LLC, 130 Maple Avenue, Suite EB-2,
Red Bank, NJ 07701-1735.

FOR FURTHER INFORMATION CONTACT: Jamey Basham, Branch Chief, Division
of Investment Management, Office of Investment Adviser Regulation, at
(202) 551-6787.

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
SEC's Public Reference Branch.

Applicants' Representations

    1. Greenhouse is a Delaware limited liability company operating as
a private investment company exempt from registration under section
3(c)(1) of the Investment Company Act of 1940 (``Investment Company
Act'').\1\ Greenhouse represents that it serves in essence as a family
investment vehicle to manage, facilitate, and simplify the investments
of family members and their trusts and custodial arrangements. The
twelve current members of Greenhouse (``Current Greenhouse Members'')
are (i) Henry C. Dudley (``Mr. Dudley''); (ii) Mr. Dudley's mother and
two sisters; (iii) a trust for the benefit of Mr. Dudley's mother; (iv)
six custodial arrangements (under the Uniform Transfers to Minors Act)
for the exclusive benefit of one or more of the lineal descendants of
Mr. Dudley or his sisters; and (v) Frank E. Shanley (``Mr. Shanley'').
Greenhouse represents that it may admit new members in the future, but
that future members (``Future Greenhouse Members'') will be limited to
(a) lineal descendants of Mr. Dudley's mother (including Mr. Dudley and
his two sisters) and spouses of such descendents; (b) lineal
descendants of Mr. Shanley and spouses of such descendents; (c) trusts
and custodial arrangements exclusively for the benefit of family
members described in (a) and (b); (d) partnerships or other entities
owned exclusively by family members described in (a) and (b) or the
entities described in (c); and (v) charitable foundations and
organizations controlled exclusively by family

members described in (a) and (b) or the entities described in (c).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 80a-3(c)(1). Section 3(c)(1) generally excepts
from the definition of investment company under the Investment
Company Act any issuer whose outstanding securities are beneficially
owned by not more than 100 persons and which is not making, and does
not presently propose to make, a public offering of its securities.
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    2. Mr. Dudley and Mr. Shanley are the sole Managers of Greenhouse.
Greenhouse has no executives or employees. Greenhouse represents that
Mr. Dudley and Mr. Shanley are solely responsible for all investment
decisions for the Greenhouse portfolio, as well as all aspects of the
business and administration of Greenhouse. Mr. Dudley and Mr. Shanley
have retained, under this authority, their investment firm, Dudley &
Shanley, LLC (D&S), to perform these functions. Mr. Dudley and Mr.
Shanley are the sole co-owners and principals of D&S, perform these
functions personally, and have not delegated them to other D&S
employees, with the exception that other D&S employees assist them with
certain ministerial duties.
    3. Greenhouse pays D&S an annual management fee equal to 0.5% of
Greenhouse's net asset value. Greenhouse represents that the management
fee is intended to reimburse D&S' costs incurred in rendering services
to Greenhouse and not to provide D&S, Mr. Dudley or Mr. Shanley with a
profit. Greenhouse does not otherwise reimburse D&S, Mr. Dudley or Mr.
Shanley for their expenses incurred in connection with managing the
fund.
    4. Mr. Dudley and Mr. Shanley are also entitled to performance-
based advisory compensation from Greenhouse, consisting of an annual
performance reallocation to their membership interests in Greenhouse.
This performance reallocation equals ten percent of all Greenhouse
members' net gain in excess of a ``high water mark'' (that is, the
highest level of cumulative net gain for preceding periods). However,
in making this performance reallocation, Greenhouse excludes its
members that are not ``qualified clients'' as defined in rule 205-3
under the Advisers Act,\2\ so that such non-qualified clients are not
charged performance-based compensation.
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    \2\ 17 CFR 275.205-3.
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    5. Greenhouse states that it currently invests in other private
investment companies whose investment advisers are not affiliated in
any way with either Mr. Dudley or Mr. Shanley (``Greenhouse Third Party
Funds''), and that the managers of some of these Greenhouse Third Party
Funds charge their investors performance-based compensation. Greenhouse
also states that it may in the future identify other desirable
Greenhouse Third Party Funds in which Greenhouse wishes to invest, and
which are managed by investment advisers who charge performance-based
compensation. Greenhouse believes that many of the investment advisers
managing these Greenhouse Third Party Funds will soon become subject to
the performance-based compensation restrictions of section 205(a)(1) of
the Advisers Act,\3\ and will accordingly look to Advisers Act rule
205-3 to continue charging performance-based compensation, as discussed
below. Greenhouse therefore seeks relief that will allow it to invest
in Greenhouse Third Party Funds notwithstanding the fact that some of
Greenhouse's members are not ``qualified clients'' as required by rule
205-3.
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    \3\ 15 U.S.C. 80b-5(a)(1).
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    6. Mr. Dudley and Mr. Shanley are both ``qualified clients'' for
purposes of rule 205-3, as are four other Current Greenhouse Members.
The six other Current Greenhouse Members do not meet the definition of
a qualified client. Greenhouse may admit Future Greenhouse Members that
may not be qualified clients.
    7. Superior is a Delaware limited partnership operating as a
private investment company exempt from registration under section
3(c)(1) of the Investment Company Act. Superior was formed in 1978 by
descendents of Chester A. Congdon, Mr. Dudley's great-grandfather, to
manage for their benefit assets distributed to them from the Congdon
estate. The current partners of Superior (``Current Superior
Partners'') are all (i) Lineal descendents of Chester A. Congdon and
spouses of such descendents; (ii) trusts exclusively for the benefit of
lineal descendants of Chester A. Congdon; and (iii) entities owned
exclusively by lineal descendents of Chester A. Congdon and their
spouses. Superior represents that it may admit new partners in the
future, but that future partners (``Future Superior Partners'') will be
limited to (a) lineal descendents of Chester A. Congdon and spouses and
adopted children of such descendents; (b) personal representatives
(such as executors) of family members described in (a); (c) trusts and
custodial arrangements exclusively for the benefit of family members
described in (a); and (d) entities owned exclusively by or established
for the exclusive benefit of any of the foregoing.
    8. The Current Superior Partners include four Managing General
Partners who manage Superior: Mr. Dudley, Thomas E. Congdon, John P.
Congdon, and Charles W. D'Autremont. Superior also has 13 other general
partners; however, their status as general partners relates to
historical family considerations, and no general partners other than
the Managing General Partners participate in the administration or
management of the partnership. Superior has no executives or employees.
Superior's Limited Partnership Agreement authorizes the Managing
General Partners to retain an investment manager and administrative
agent, and the Managing General Partners have delegated their
management responsibilities to D&S pursuant to this authority. Mr.
Dudley and Mr. Shanley, as the sole co-owners and principals of D&S,
perform all aspects of the administration and investment management of
Superior personally and have not delegated them to other D&S employees,
with the exception that other D&S employees assist them with certain
ministerial duties. Mr. Dudley and Mr. Shanley consult with individual
Managing General Partners regularly and meet with them as a group from
time to time.
    9. Superior pays D&S an annual management fee equal to 0.5% of
Superior's net asset value, as well as an administrative services fee
equal to 0.1% of such net asset value. Superior represents that these
fees are intended to reimburse D&S' costs incurred in rendering
services to Superior and not to provide D&S, Mr. Dudley or Mr. Shanley
with a profit. Superior does not otherwise reimburse D&S, Mr. Dudley or
Mr. Shanley for their expenses incurred in connection with managing
Superior. Superior does not compensate its Managing General Partners
and does not reimburse the Managing General Partners for any expenses
incurred with respect to their responsibilities towards Superior, with
the exception of travel expenses to any meetings of the Managing
General Partners. Superior pays no performance-related fees to D&S, Mr.
Dudley, Mr. Shanley, or the Managing General Partners.
    10. Superior states that it currently invests in other private
investment companies whose investment advisers are not affiliated in
any way with either Mr. Dudley or Mr. Shanley, or with the Managing
General Partners (``Superior Third Party Funds''), and that the
managers of some of these Superior Third Party Funds charge their
investors performance-based compensation. Superior also states that it
may in the future identify other desirable Superior Third Party Funds
in which Superior wishes to invest, and which are managed by investment
advisers who charge performance-based compensation. Superior believes
that many of the investment advisers managing these Superior Third
Party

Funds will soon become subject to the performance-based compensation
restrictions of section 205(a)(1) of the Advisers Act, and will
accordingly look to Advisers Act rule 205-3 to continue charging
performance-based compensation, as discussed below. Superior therefore
seeks relief that will allow it to invest in Superior Third Party Funds
notwithstanding the fact that some of Superior's partners are not
``qualified clients'' as required by rule 205-3.
    11. Superior's four Managing General Partners are all ``qualified
clients'' for purposes of rule 205-3, as are 32 other Current Superior
Partners. The 23 other Current Superior Partners do not meet the
definition of a qualified client. Superior may admit Future Superior
Partners that may not be qualified clients.

Applicants' Legal Analysis

    1. Section 205(a)(1) of the Advisers Act generally prohibits a
registered investment adviser, unless exempt from registration pursuant
to section 203(b) of the Act, from entering into, extending, renewing,
or performing under any investment advisory contract that provides for
compensation based upon ``a share of capital gains upon or capital
appreciation of the funds or any portion of the funds of the client,''
commonly referred to as performance-based compensation or a performance
fee.
    2. Rule 205-3 under the Act provides an exemption from the
prohibition in section 205(a)(1), provided each client entering into an
investment advisory contract that provides for performance-based
compensation is a ``qualified client.'' Under rule 205-3(b), each
equity owner of a ``private investment company'' is considered a client
for purposes of rule 205-3(a).\4\ Applicants assert that Greenhouse and
Superior are private investment companies.
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    \4\ Under rule 205-3(d)(3), a private investment company is a
company that would be defined as an investment company under section
3(a) of the Investment Company Act of 1940 but for the exception
provided from that definition by section 3(c)(1) of such Act.
---------------------------------------------------------------------------

    3. Because a number of the Current Greenhouse Members and Current
Superior Partners are not qualified clients, Applicants may not be
treated as meeting the requirements of rule 205-3(a).
    4. Applicants request an order under section 205(e) of the Advisers
Act granting an exemption from section 205(a)(1) of the Act so as to
permit registered investment advisers to charge Applicants performance-
related compensation. Applicants ask that the relief requested be
applicable to Current Greenhouse Members and Current Superior Partners
that are not qualified clients, as well as to Future Greenhouse Members
and Future Superior Partners that are not qualified clients.
    5. Section 205(e) of the Advisers Act provides that the Commission,
by order upon application, may exempt any person, or any class or
classes of persons, from section 205(a)(1) of the Act, if and to the
extent that the exemption relates to an investment advisory contract
with any person that the Commission determines does not need the
protection of section 205(a)(1), on the basis of such factors as
financial sophistication, net worth, knowledge of and experience in
financial matters, and such other factors as the Commission determines
are consistent with section 205.
    6. Applicants assert that exemptive relief to permit Greenhouse and
Superior to be charged performance-based compensation is appropriate
and consistent with the purposes of 205(a)(1) of the Advisers Act.
Applicants assert that the request for relief complies with the factors
specified in section 205(e) of the Act. Applicants state that Mr.
Dudley and Mr. Shanley, the investment decision-makers for Applicants,
are qualified clients meeting the net worth requirement of rule 205-
3(d)(1)(ii)(A) under the Act. Superior further asserts that each of its
Managing General Partners with whom Mr. Dudley and Mr. Shanley
periodically consult is a qualified client. Applicants assert that Mr.
Dudley and Mr. Shanley are financially sophisticated, with substantial
knowledge of and long experience in financial matters, (particularly
those pertinent to investing in private investment companies), and are
accordingly fully able to assess the potential risks of performance-
related compensation. Superior further asserts that each of its
Managing General Partners with whom Mr. Dudley and Mr. Shanley
periodically consult is equally financially sophisticated, with similar
knowledge and expertise, and are similarly able to asses the risk of
performance-related compensation.
    7. Applicants further assert that Mr. Dudley and each of Superior's
Managing General Partners with whom Mr. Dudley and Mr. Shanley
periodically consult have strong familial relationships with Current
Greenhouse Members, Current Superior Partners, Future Greenhouse
Members, and Future Superior Partners that are not qualified clients
(or with the beneficiaries of the trust and custodial arrangements that
are or will be such members or partners). Applicants also assert that
Mr. Shanley has had a long business and social relationship with many
members of the Dudley and Congdon families, and is a trustee of a
number of trusts established for the Dudley family. In addition,
applicants assert that Mr. Dudley, Mr. Shanley, and each of Superior's
Managing General Partners with whom Mr. Dudley and Mr. Shanley
periodically consult have made substantial personal investments in
Applicants. Applicants assert these factors will cause Mr. Dudley, Mr.
Shanley, and each of Superior's Managing General Partners with whom Mr.
Dudley and Mr. Shanley periodically consult to act in the best
interests of Applicants' members and partners.
    8. Applicants further assert with respect to trusts and custodial
arrangements that are Current Greenhouse Members and Current Superior
Partners and are not qualified clients, the trustees and custodians are
each qualified clients and, in many cases, are parents or other close
family relations of the beneficiaries of those trusts and custodial
arrangements who themselves have substantial personal investments in
Applicants.

    For the SEC, by the Division of Investment Management, under
delegated authority.
Nancy M. Morris,
Secretary.
[FR Doc. E5-8246 Filed 1-3-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Pages 43083-43084]
[FR Doc No: 2022-15317]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34648; 812-15319]

Quaker Investment Trust and Community Capital Management, LLC

July 13, 2022.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act, and rule 18f-2 under the Act, as well as from certain
disclosure requirements in rule 20a-1 under the Act, Item 19(a)(3) of
Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A under the Securities Exchange Act of 1934, and Sections 6-
07(2)(a), (b), and (c) of Regulation S-X (``Disclosure Requirements'').
    Summary of Application: The requested exemption would permit
Applicants to enter into and materially amend subadvisory agreements
with certain subadvisors without shareholder approval and grant relief
from the Disclosure Requirements as they relate to fees paid to the
subadvisors.
    Applicants: Quaker Investment Trust and Community Capital
Management, LLC.
    Filing Dates: The application was filed on April 14, 2022, and
amended on June 10, 2022 and June 29, 2022.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on August 8,
2022, and should be accompanied by proof of service on the Applicants,
in the form of an affidavit, or, for lawyers, a certificate of service.
Pursuant to rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants:
Jonathan M. Kopcsik, [email protected].

FOR FURTHER INFORMATION CONTACT: Steven I. Amchan, Senior Counsel, or
Lisa Reid Ragen, Branch Chief, at<PHONE_NUMBER> (Division of
Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' second amended
and restated application, dated June 29, 2022, which may be obtained
via the Commission's website by searching for the file number at the
top of this document, or for an Applicant using the Company name search
field on the SEC's EDGAR system. The SEC's EDGAR system may be searched
at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You
may also call the SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-15317 Filed 7-18-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Proposed Rules]
[Pages 17342-17343]
[FR Doc No: 2021-06624]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 101

[Docket No. RM21-15-000]

Petition for Rulemaking of Center for Biological Diversity

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Petition for rulemaking.

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SUMMARY: Take notice that, on March 17, 2021, Center for Biological
Diversity, pursuant to Rule 207 of the Federal Energy Regulatory
Commission's (Commission) Rules of Practice and Procedure, and section
553 of the Administrative Procedure Act, filed a petition requesting
that the Commission amend the Uniform Systems of Accounts requirements
for payments to industry associations engaged in lobbying or other
influence-related activities, all as more fully explained in the
petition.

DATES: Comments due 5 p.m. Eastern time on April 26, 2021.

ADDRESSES: The Commission strongly encourages electronic filing of
comments in lieu of paper using the eFile link at http://www.ferc.gov.
In lieu

of electronic filing, you may submit a paper copy. Submissions sent via
the U.S. Postal Service must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426. Submissions sent via any other carrier
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Laura Vallance, Office of Enforcement,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Any person desiring to intervene or to
protest this filing must file in accordance with Rules 211 and 214 of
the Commission's Rules of Practice and Procedure (18 CFR 385.211,
385.214). 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. Any person wishing to become a
party must file a notice of intervention or motion to intervene, as
appropriate. Such notices, motions, or protests must be filed on or
before the comment date. Anyone filing a motion to intervene or protest
must serve a copy of that document on the Petitioner. In addition to
publishing the full text of this document in the Federal Register, the
Commission provides all interested persons an opportunity to view and/
or print the contents of this document via the internet through the
Commission's Home Page (http://www.ferc.gov) using the eLibrary link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. At this time, the Commission has
suspended access to Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact FERC at<EMAIL_ADDRESS>or
call toll-free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.

    Issued: March 25, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-06624 Filed 4-1-21; 8:45 am]
BILLING CODE 6717-01-P


1 Supporting Statement for Information Collection Request Renewal NESHAP 40 CFR Part 63 Subpart O: National Emissions Standards for Hazardous Air Pollutants ( NESHAP) for Commercial Ethylene Oxide Sterlization and Fumigation Operations EPA ICR #: 1666.05 1. Identification of the Information Collection.

a. Title and Number of the Information Collection. " Reporting and Recordkeeping Requirements for the Reporting and Recordkeeping Requirements for the National Emission Standards for Hazardous Air Pollutants ( NESHAP) for Commercial Ethylene Oxide Sterilization and Fumigation Operations." This is an extension of a currently approved collection that has been assigned EPA tracking number 1666.05. The Information Collection Request ( ICR) was approved at proposal under OMB Control number 2060 0283.

b. Short Characterization. Respondents are owners or operators of new and existing commercial ethylene oxide ( EO) sterilization and fumigation facilities that using 1 ton of EO after promulgation of the NESHAP in 1994. There are an estimated total of 100 commercial EO sterilization and fumigation operations nationwide. The number of new operations is expected to be low because limited net growth is predicted for this industry. It is expected, however, that a small number of new sterilizers will be added to replace or expand existing capacity and that few new facilities will be constructed.

2. Need for Use of the Collection.

a. Need/ Authority for the Collection. The Agency is required under Section 112( d) of the Clean Air Act, as amended, to regulate emissions of hazardous air pollutants listed in section 112( b). One of the pollutants, EO, is emitted in significant quantities from commercial EO sterilization and fumigation operations.

In the Administrator's judgement, EO emitted from commercial EO sterilization and fumigation operations causes, or contributes significantly to air pollution that may reasonably be anticipated to endanger public health or welfare. Consequently, the NESHAP for EO emissions has been developed for this source category.

The NESHAP for EO operations requires facility owners or operators to record and report certain records. 2 Certain records and reports are necessary to enable the Administrator to: ( 1) identify new, modified, reconstructed,

and existing sources subject to the standards and ( 2) ensure that the standards, which are based on maximum achievable control technology ( MACT) and generally available control technology ( GACT), are being achieved.

These records and reports are required under the General Provisions of 40 CFR part 63, subpart A [ as authorized under sections 101, 112, 114, 116, and 301 of the Clean Air Act as amended by Pub. L 101 549 ( U. S. C.

7401,7412, 7414, 7416, 7601)].

b. Use/ Users of the Data. The information will be used by Agency enforcement personnel to: ( 1)

identify new, modified, reconstructed, and existing sources subject to the standards; ( 2) ensure that MACT and GACT are being properly applied; and ( 3) ensure that any emission control system employed by the owner or operator of a commercial EO sterilization and fumigation facility to meet the standards is being properly operated and maintained on a continual basis.

In addition, records and reports are necessary to enable the Agency to identify facilities that may not be in compliance with the standards. Based on reported information, the Agency can decided which facilities should be inspected and what records or processes should be inspected at the facilities. The records that facilities maintain would indicated to the Agency whether owners or operators are in compliance with the standards and whether plant personnel are operating and maintaining control equipment properly. In order to minimize the burden, much of the information the Agency would need to determine compliance through such an inspection would only be recorded and would not need to be routinely reported to the Agency.

3. Nonduplication, Consultation, and Other Collection Criteria.

a. Nonduplication. A search of EPA's ongoing ICR's revealed no duplication of informationgathering efforts. However, certain reports required by State or local agencies may duplicate information required by the standards. In such cases, a copy of the report submitted to the State or local agency can be proved to the Administrator in lieu of the report required by the standards.

b. Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on June 18, 1997 ( 62 FR 33068). OMB reviewed EPA's clearance request for EPA ICR No. 1666.05 and 3 published notice of the approval in the Federal Register on April 18, 2000 ( 65 FR 20813). No comments were received in response to the Agencies solicitation on: ( i) whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; ( ii) ways to evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; ( iii) methods to enhance the quality,

utility, and clarity of the information to be collected; or ( iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e. g., permitting electronic submission of responses.

c. Consultation. The collection was discussed with Joe Hadley, Executive Director, Ethylene Oxide Sterilization Assocation ( 202 296 6300). In general, the discussion centered on the number of facilities the association expected would continue to operate over the coming three years and the possiblity of new facilities being built. Our understand was that the association anticipated numbers would remain relatively stable and no particular changes were needed to the scope of the ICR.

d. Effects of Less Frequent Collection. If the relevant information were collected less frequently by the owner or operator, the Agency would not be reasonably assured that a plant is in compliance with the standards. The frequency of collection for the monitored control technique parameters was based on information collected during visits and source testing at commercial EO sterilization and fumigation operations and on recommendations from control technique vendors. Less frequent collection could result in improper maintenance of the control systems and possible exceeding the applicable emission limits.

e. General Guidelines. The five year record retention period will exceed the three year retention period required by 5 CFR 1320.6; however, the five year period is consistent with the General Provisions of 40 CFR part 63 and the permit requirements under Title V of the Clean Air Act.

f. Confidentiality and Sensitive Questions.

( i) Confidentiality. All information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B 4 Confidentiality of Business Information ( see 40 CFR 2; 41 FR 26902, September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

( ii) Sensitive Questions. This section is not applicable because this ICR does not involve matters of a sensitive nature.

4. Respondents and the Information Requested.

a. Respondents/ SIC Codes. Respondents are owners or operators of commercial EO sterilization operations. The respondents affected by this standard are found in the following Standard Industrial Classification ( SIC) codes: 3841 and 3842 ( medical equipment suppliers); 2832, 2833, 2834, and 5122 ( pharmaceutical suppliers); 2211, 2821, 2879, 3069, 3079, 3569, 3677, 3693, 3999, and 5086 ( other health related facilities); 2034,

2035, 2046, 2099, and 5149 ( spice manufacturers); 7218, 7399, and 8091 ( contract sterilizers); 8231, and 8411 ( libraries, museums, and archives); and 0279, 7391, 7397, 8071, and 8922 ( laboratories).

b. Information Requested.

( i) Data items. The attachment, Source Data and Information Requirements, summarizes the recordkeeping and reporting requirements.

( ii) Respondent activities. The respondent activities required by the standards in the next three years are listed in the first column of Table 2.

5. Information Collected  Agency Activities, Collection Methodology, and Information Management.

a. Agency Activities. Agency activities for the period covered by this ICR are provided in Table 1.

b. Collection Methodology and Management. Following notification of startup, the reviewing authority might inspect the source to check if the pollution control devices are properly installed and operated.

Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard, and note the operating conditions under which compliance was achieved. Data obtained during periodic visits by Agency personnel from records maintained by the respondents are tabulated and published for internal Agency use in compliance and enforcement programs. The semiannual reports are used for problem identification,

as a check on source operation and maintenance, and for compliance determinations. 5 Information contained in the reports is entered into the Aerometric Information Retrieval System ( AIRS)

Facility Subsystem ( AFS) which is operated and maintained by EPA's Office of Air Quality Planning and Standards ( OAQPS). The AFS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AFS for tracking air pollution compliance and enforcement by local and State regulatory agencies, EPA Regional Offices and Headquarters. EPA can edit, store, retrieve and analyze the data via PC terminals.

The records required by this NSPS must be retained by the owner or operator for ( two) years.

c. Small Entity Flexibility. The Agency does not expect that any commercial EO sterilization facilities, including small businesses, subject to the standards would experience adverse impacts related to the cost of the required recordkeeping and reporting. The information collection requirements are the minimum necessary to demonstrate compliance.

d. Collection Schedule. Information contained in the initial, one time only reports will be entered into the AIRS/ AFS operated and maintained by OAQPS. Data obtained during periodic visits by Agency personnel from records maintained by the respondents, and information provided in semiannual reports will be tabulated and published for internal EPA use in compliance with enforcement programs. A schedule for collecting information and publishing data does not apply because reports and recordkeeping are triggered by action of the respondents.

6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for each of the recordkeeping and reporting requirements applicable to the industry. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate,

specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

a. Estimating Respondent Burden. The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated at 7,328.03 person hours. These hours are based on Agency studies and background documents from the development of the standards or test methods, Agency 6 knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received about time to prepare reports.

b. Estimating Respondent Costs ( i) Estimating Labor Costs. This ICR uses labor rates on an hour basis of technical personnel at $ 33,

management at $ 49, and clerical at $ 15, plus 110% overhead burden.

( ii) Estimating Capital and Operations and Maintenance Costs. The type of industry costs associated with the information collection activity in the standards are labor and Continuous Monitoring Systems. The respondent costs have been calculated on the basis of discussions with owners and operators of affected facilities. The average annual burden to industry over the next three years of the ICR is estimated to be $ 195,000.

( iii) Capital/ Start up vs. Operating and Maintenance ( O& M) Costs. Respondents may use a variety of equipment to ensure compliance with the applicable recordkeeping and reporting requirements. Affected sources may acquire the required information from the acid scrubber on the chamber vent via a dedicated computer linked to a gas chromatograph attached to the aeration room and back chamber vents ( chamber exhaust vents).

Capital expenses associated with a dedicated computer are approximately $ 2,500. Capital expenses associated with a gas chromatograph are approximately $ 30,000. Operation and maintenance, including calibration, of the equipment is approximately $ 5,500 per affected facility.

c. Estimating Agency Burden and Cost. The only Federal costs are user costs associated with analysis of the reported information. Publication and distribution of the information are part of the Aerometric Information Retrieval System ( AIRS) Facility Subsystem ( AFS) which is operated and maintained by the Agency's Office of Air Quality Planning and Standards. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of the Agency's overall compliance and enforcement program.

The average annual Federal Government cost during the three years of the ICR is estimated to be $ 5,727.

This cost is based on an average wage of a GS10 step 1 employee rate and travel associated with compliance activities. Details upon which this estimate is based appear in Table 1: Agency Burden.

d. Estimating the Respondent Universe and Total Burden and Costs 7 The number of existing sources subject to the National Emission Standards for Hazardous Air Pollutants for Commercial Ethylene Oxide Sterilization and Fumigation Operations, 40 CFR 360 et. seq is approximately 100. The number of new sources subject to this subpart is approximately 6. The total annual labor costs are $ 494,450 and total annual capital and O& M costs to the regulated entity are $ 228,000. Details upon which this estimate is based appear in Table 2: Industry Burden.

e. Bottom Line Burden Hours And Cost Tables See attached Table 1.

f. Reasons for Change in Burden. There is no change in burden. The Agency expects the construction, reconstruction, or modification of approximately six new facilities over the period covered by this information collection. New, reconstructed, or modified facilities are required to conduct all one time reporting and recordkeeping activities, including performing emission testing, submitting compliance status information reports, and developing recordkeeping and implementation plans. New, reconstructed, or modified facilities are also required to provide reports on their compliance status and periods of noncompliance and keep and maintain records on control device maintenance, inspections, and control device monitoring parameters.

g. Burden Statement. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates,

and any suggested methods for minimizing respondent burden, including through the use of automated collection 8 techniques to the Director, OPPE Regulatory Information Division, U. S. Environmental Protection Agency ( 2137),

401 M St., S. W., Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence.