[Federal Register: October 8, 2009 (Volume 74, Number 194)]
[Rules and Regulations]
[Page 51778-51779]
[DOCID:fr08oc09-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2009-0816]

Notice of Enforcement of Regulation

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the special local regulations in
the navigable waters of San Francisco Bay for the annual U.S. Navy and
City of San Francisco sponsored Fleet Week Parade of Navy Ships, Blue
Angels Flight Demonstrations, and Ship Tours to be held from October 8,
2009 through October 12, 2009. This action is necessary to ensure the
safety of event participants and spectators. During the enforcement
period, no persons or vessels may enter the regulated area without
permission of the Captain of the Port (COTP) or his designated
representative.

DATES: The regulations in 33 CFR 100.1105(b)(2), regulated area
``Bravo'' for the U.S. Navy Blue Angels Activities, will be enforced
from 12:30 p.m. to 5 p.m. on October 8, 2009 through October 11, 2009.
If the U.S. Navy Blue Angels Activities are delayed by inclement
weather, the regulation

will also be enforced on October 12, 2009, from 12:30 p.m. to 5 p.m.
The regulations in 33 CFR 100.1105(b)(1), regulated area ``Alpha'' for
Navy Parade of Ships, will be enforced from 10:30 a.m. to 1 p.m. on
October 10, 2009.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Simone Mausz,
Waterways Safety Branch, U.S. Coast Guard Sector San Francisco, at
(415) 399-7443; e-mail<EMAIL_ADDRESS>or the Sector San
Francisco Command Center, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation for the annual San Francisco Bay Navy Fleet Week
Parade of Ships and Blue Angels Demonstration in 33 CFR 100.1105; the
Navy Parade of Ships will be enforced from 10:30 a.m. to 1 p.m. on
October 10, 2009; and the U.S. Navy Blue Angels Activities will be
enforced from 12:30 p.m. to 5 p.m. on October 8, 2009 through October
12, 2009. If the U.S. Navy Blue Angels Activities are delayed by
inclement weather, the regulation will also be enforced on October 12,
2009, from 12:30 p.m. to 5 p.m. These regulations can also be found in
the October 1, 1993, issue of the Federal Register 58 FR 51242. Under
the provisions of 33 CFR 100.1105 a vessel may not enter the regulated
area, unless it receives permission from the COTP. Additionally, no
person or vessel may enter or remain within 500 yards ahead of the lead
Navy parade vessel, within 200 yards astern of the last parade vessel,
and within 200 yards on either side of all parade vessels. No person or
vessel shall anchor, block, loiter in, or impede the transit of ship
parade participants or official patrol vessels. When hailed by U.S.
Coast Guard patrol personnel by siren, radio, flashing light, or other
means, a person or vessel shall come to an immediate stop. Persons or
vessels shall comply with all directions given. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation.
    This notice is issued under authority of 33 CFR 100.1105 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with extensive advance
notification of this enforcement period via the Local Notice to
Mariners, and Broadcast Notice to Mariners.

    Dated: September 11, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E9-24319 Filed 10-7-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Notices]
[Pages 19191-19194]
[FR Doc No: 2020-07078]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88522; File No. SR-NYSECHX-2020-10]

Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change for an
Extension of the Temporary Waiver of the Co-location ``Hot Hands'' Fee

March 31, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the

``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that,
on March 27, 2020 the NYSE Chicago, Inc. (``NYSE Chicago'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to an extension of the temporary waiver of
the co-location ``Hot Hands'' fee. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes an extension of the temporary waiver of the
co-location \4\ ``Hot Hands'' fee through the earlier of the reopening
of the Mahwah, New Jersey data center (``Data Center'') or May 15,
2020. The waiver of the Hot Hands fee was originally through March 29,
2020.\5\
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    \4\ The Exchange initially filed rule changes relating to its
co-location services with the Securities and Exchange Commission
(``Commission'') in October 2019. See Securities Exchange Act
Release No. 87408 (October 28, 2019), 84 FR 58778 (November 1, 2019)
(SR-NYSECHX-2019-27).
    \5\ See Securities Exchange Act Release No. 88400 (March 17,
2020), 85 FR 16434 (March 23, 2020) (SR-NYSECHX-2020-07).
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    The Exchange is an indirect subsidiary of Intercontinental
Exchange, Inc. (``ICE''). Through its ICE Data Services (``IDS'')
business, ICE operates the Mahwah, New Jersey data center (``Data
Center''), from which the Exchange provides co-location services to
Users.\6\ Among those services is a ``Hot Hands'' service, which allows
Users to use on-site Data Center personnel to maintain User equipment,
support network troubleshooting, rack and stack a server in a User's
cabinet; power recycling; and install and document the fitting of cable
in a User's cabinet(s).\7\ The Hot Hands fee is $100 per half hour.
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    \6\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See 84 FR 58778, supra
note 4, at note 6. As specified in the Fee Schedule of NYSE Chicago,
Inc. (``Fee Schedule''), a User that incurs co-location fees for a
particular co-location service pursuant thereto would not be subject
to co-location fees for the same co-location service charged by the
Exchange's affiliates the New York Stock Exchange LLC (``NYSE''),
NYSE American LLC (``NYSE American''), NYSE Arca, Inc. (``NYSE
Arca''), and NYSE National, Inc. (``NYSE National'' and together,
the ``Affiliate SROs''). See id. at 58779. Each Affiliate SRO has
submitted substantially the same proposed rule change to propose the
changes described herein. See SR-NYSE-2020-25, SR-NYSEAmer-2020-23,
SR-NYSEArca-2020-26, and SR-NYSENAT-2020-14.
    \7\ See 84 FR 58778, supra note 4.
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    ICE originally announced that the Data Center would be closed to
third parties for the period from March 16, 2020 through March 29, 2020
(the ``Initial Closure''), to help avoid the spread of COVID-19, which
could negatively impact Data Center functions. Prior to the closure of
the Data Center, the Chief Executive Officer of the Exchange took the
actions required under NYSE Chicago Rule 7.1 to close the co-location
facility of the Exchange to third parties.
    ICE has now announced to Users that, because the concerns that led
to the Initial Closure still apply, the closure of the Data Center will
be extended to the earlier of the reopening of the Mahwah, New Jersey
data center (``Data Center'') or May 15, 2020. The date will be
announced through a customer notice.
    If a User's equipment requires work while a Rule 7.1 closure is in
effect, the User has to use the Hot Hands service and, absent a waiver,
incurs Hot Hands fees for the work. Given that, the Exchange waived all
Hot Hands fees for the duration of the Initial Closure.\8\ Because the
period has been extended, the Exchange proposes to extend the waiver of
the Hot Hands Fee for the length of the period. To that end, the
Exchange proposes to revise the footnote to the Hot Hands Fee in the
Fee Schedule as follows (deletions bracketed, additions italicized per
OFR):
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    \8\ See 85 FR 16434, supra note 5.
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    [dagger] Fees for Hot Hands Services will be waived beginning on
March 16, 2020 through [March 29, 2020] the earlier of the reopening of
the Mahwah, New Jersey data center or May 15, 2020.
    The Exchange believes that there will be sufficient Data Center
staff on-site to comply with User requests for Hot Hands service.
    The proposed extension of the waiver would apply equally to all
Users. The proposed extension of the fee waiver would not apply
differently to distinct types or sizes of market participants. Rather,
it would continue to apply uniformly to all Users.
    The proposed change is not otherwise intended to address any other
issues relating to co-location services and/or related fees, and the
Exchange is not aware of any problems that Users would have in
complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\10\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers. In addition, it is designed to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
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The Proposed Rule Change Is Reasonable
    The Exchange believes that the proposed rule change is reasonable
for the following reasons.
    Given that the closure of the Data Center has been extended, the
Exchange believes that it is reasonable to grant the proposed
corresponding extension of the waiver of the Hot Hands Fee. While a
Rule 7.1 closure is in effect, User representatives are not allowed
access to the Data Center. If a User's equipment

requires work during such period, the User has to use the Hot Hands
service. Absent a waiver, the User would incur Hot Hands fees for the
work.
    The proposed extension of the waiver would allow a User to have
work carried out on its equipment notwithstanding the closure of the
Data Center without incurring Hot Hands fees.
The Proposed Rule Change Is Equitable
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits for the following reasons.
    The proposed extension of the waiver would apply equally to all
Users. The proposed extension would not apply differently to distinct
types or sizes of market participants. Rather, it would apply uniformly
to all Users.
    The Exchange believes that the proposal is equitable because the
extension of the waiver would mean that for the duration of the closure
of the Data Center all similarly-situated Users would not be charged a
fee to use the Hot Hands service.
The Proposed Change Is Not Unfairly Discriminatory and Would Protect
Investors and the Public Interest
    The Exchange believes that the proposed change is not unfairly
discriminatory for the following reasons.
    The proposed extension of the waiver would not apply differently to
distinct types or sizes of market participants. Rather, all Users whose
equipment requires work during the extension of the Data Center closure
would have the resulting fees waived, and the extension of the waiver
would apply uniformly to all Users during the period. For the reasons
above, the proposed changes do not unfairly discriminate between or
among market participants.
    In addition, the Exchange believes that the proposed rule change
would perfect the mechanisms of a free and open market and a national
market system and, in general, protect investors and the public
interest because it would allow a User to have work carried out on its
equipment notwithstanding a Rule 7.1 closure without incurring Hot
Hands fees. Accordingly, the Exchange believes that the requested
extension of the waiver is designed to perfect the mechanisms of a free
and open market and a national market system and, in general, protect
investors and the public interest by facilitating the uninterrupted
availability of Users' equipment.
    For all of the above reasons, the Exchange believes that the
proposal is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
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    \11\ 15 U.S.C. 78f(b)(8).
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Intramarket Competition
    The Exchange does not believe that the proposed change would place
any burden on intramarket competition that is not necessary or
appropriate.
    The proposed extension of the waiver is not designed to affect
competition, but rather to provide relief to Users that, while a Rule
7.1 closure is in effect, have no option but to use the Hot Hands
service.
    The proposed extension of the waiver would not apply differently to
distinct types or sizes of market participants. Rather, all Users whose
equipment requires work during the extension of the Data Center closure
would have the resulting fees waived, and the extension of the waiver
would apply uniformly to all Users during the period.
Intermarket Competition
    The Exchange does not believe that the proposed change would impose
any burden on intermarket competition that is not necessary or
appropriate.
    The Exchange believes that the proposed change would not affect the
competitive landscape among the national securities exchanges, as the
Hot Hands service is solely charged within co-location to existing
Users, and would be temporary.
    For the reasons described above, the Exchange believes that the
proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \14\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSECHX-2020-10 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSECHX-2020-10. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the

filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSECHX-2020-10 and should be submitted on or before April 27, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-07078 Filed 4-3-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Notices]
[Pages 5996-5998]
[FR Doc No: 2020-02000]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2019-0010]

Beryllium Standards for General Industry, Construction and
Maritime; Extension for the Office of Management and Budget's (OMB)
Approval of the Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits comments concerning the proposal to extend the
Office of Management and Budget's (OMB) approval of the information
collection requirements contained in the Beryllium Standards for
General Industry, Construction, and Maritime.

DATES: Comments must be submitted (postmarked, sent, or received) by
April 3, 2020.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2019-0010, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the OSHA Docket Office's normal business hours, 10:00
a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2019-0010) for the Information Collection Request
(ICR). All comments, including any personal information you provide
such as social security numbers and date of birth, are placed in the
public docket without change, and may be made available online at
http://www.regulations.gov. For further information on submitting
comments, see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may contact Theda Kenney at the
phone number below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of
Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202)
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the Act) (29 U.S.C. 651 et
seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657).
    This ICR is based on the 2017 final rule for Beryllium which
includes general industry, construction, and maritime. Subsequently,
the agency has proposed revisions to the beryllium standards. OSHA
proposed revisions to the beryllium general industry standard in
December 2018 (83 FR 63746) titled ``Occupational Exposure to Beryllium
in General Industry,'' and to the beryllium construction and shipyard
standards in October 2019 (84 FR 53902) titled ``Occupational Exposure
to Beryllium in Construction and Shipyard Sectors.'' The agency is
planning to finalize the beryllium standards in two separate
rulemakings in the coming months. The modification and update of these
beryllium standards will clarify the provisions contained in the 2017
general industry standard and will better tailor the construction and
shipyard standards to address the particular operations in these
sectors involving exposure to beryllium. These two Beryllium final
rules contain information collection requirements that will have an
impact on this ICR when they are published.
    The information collection requirements specified by the beryllium
standards for general industry, construction, and maritime standards
help protect workers from harmful elements when exposed to permissible
exposure limits of beryllium and

beryllium compounds in the workplace. The information collection
requirements in the 2017 Standards involve the following elements of
the Standard.
    Paragraph (d)(2) contains the performance options where the
employer must assess the 8-hour TWA exposure and the 15-minute short-
term exposure for each employee on the basis of any combination of air
monitoring data and objective data sufficient to accurately
characterize airborne exposure to beryllium. Employers do not have to
conduct initial exposure monitoring if they rely on objective data that
would satisfy the exposure assessment requirements contained in this
standard. Paragraph (d)(3) says the employer must perform initial
monitoring to assess the 8-hour TWA exposure for each employee on the
basis of one or more personal breathing zone air samples that reflect
the airborne exposure of employees on each shift, for each job
classification, and in each work area and the employer is required to
do periodic monitoring when the most recent exposure monitoring
indicates that airborne exposure is at or above the action level but at
or below the TWA PEL, the employer must repeat such monitoring within
six months of the most recent monitoring. Paragraph (d)(4) requires the
employer to reassess airborne exposure whenever a change in the
production, process, control equipment, personnel, or work practices
may reasonably be expected to result in new or additional airborne
exposure at or above the action level or STEL, or when the employer has
any reason to believe that new or additional airborne exposure at or
above the action level or STEL has occurred.
    In paragraph (f)(1)(i) the employer is required to establish,
implement, and maintain a written exposure control plan and what
information and procedures are included in the plan. Paragraph
(f)(1)(ii) requires the employer to review and evaluate the
effectiveness of each written exposure control plan at least annually
and update it, as necessary. Also, in paragraph (f)(1)(iii) the
employer must make a copy of the written exposure control plan
accessible to each employee who is, or can reasonably be expected to
be, exposed to airborne beryllium in accordance with OSHA's Access to
Employee Exposure and Medical Records (Records Access) standard (29 CFR
1910.1020(e)).
    Paragraph (g)(2) requires the employer to provide respiratory
protection for the selection and use of respirators, medical
evaluations of employees required to use respirators, respirator fit
testing procedures for tight-fitting respirators and procedures for
proper use of respirators in routine and reasonably foreseeable
emergency situations.
    Paragraph (h)(3)(iii) requires the employer to inform in writing
the persons or the business entities who launder, clean, or repair the
personal protective clothing or equipment required by this standard of
the potentially harmful effects of airborne exposure to and dermal
contact with beryllium and that the personal protective clothing and
equipment must be handled in accordance with this standard. This
provision is intended to reduce exposure to beryllium for employees
handling beryllium-contaminated materials by providing employers and
employees handling these materials the information necessary to protect
employees from beryllium exposure.
    Under paragraph (k)(1) the employer is required to make medical
surveillance available at no cost to the employee, and at a reasonable
time and place, to each employee who: (A) Is reasonably expected to be
exposed at or above the action level for more than 30 days per year;
(B) Shows signs or symptoms of chronic beryllium disease (CBD) or other
beryllium-related health effects; (C) Is exposed to beryllium during an
emergency; or (D) Most recent written medical opinion required by
paragraph (k)(6) or (k)(7) recommends periodic medical surveillance.
    In paragraph (k)(5) of medical surveillance, the employer is
required to ensure that the employee receives a written medical report
from the licensed physician within 45 days of the examination
(including any follow-up beryllium lymphocyte proliferation test
(BeLPT) required under paragraph (k)(3)(ii)(E) of this standard) and
that the physician or other licensed health care professional (PLHCP)
explains the results of the examination to the employee. The
requirement for a written medical report ensures that the employee
receives a record of all findings. In paragraph (k)(6) of medical
surveillance the employer is required to obtain a written medical
opinion from the licensed physician within 45 days of the medical
examination and what must be contained in the written medical opinion.
Under paragraph (k)(7) of medical surveillance, when being referred to
the CBD Diagnostic Center, the employer is required to provide an
evaluation at no cost to the employee at a CBD diagnostic center that
is mutually agreed upon by the employer and the employee. The
examination must be provided within 30 days of: (A) The employer's
receipt of a physician's written medical opinion to the employer that
recommends referral to a CBD diagnostic center; or (B) The employee
presenting to the employer a physician's written medical report
indicating that the employee has been confirmed positive or diagnosed
with CBD, or recommending referral to a CBD diagnostic center. The
employer must ensure that the employee receives all written medical
reports from the CBD diagnostic center that contains all the
information required in paragraph (k)(5)(i), (ii), (iv), and (v) and
that the PLHCP explains the results of the examination to the employee
within 30 days of the examination. Also, the employer is require to
obtain a written medical opinion from the CBD diagnostic center within
30 days of the medical examination and ensure that each employee
receives a copy of the written medical opinion from the CBD diagnostic
center within 30 days of any medical examination performed for that
employee.
    In paragraph (m)(2) the employer is required to post warning signs
at each approach to a regulated area. Paragraph (m)(3) requires the
employer to label each bag and container of clothing, equipment, and
materials contaminated with beryllium.
    In paragraph (m)(4)(iv) the employer is required to make a copy of
this standard and its appendices readily available at no cost to each
employee and designated employee representative(s).
    Under paragraph (n) recordkeeping, the employer is required to make
and maintain records for the air monitoring data, objective data,
medical surveillance, and training. Access to these records must be
made available upon request for examination and copying to the
Assistant Secretary, the Director, each employee, and each employee's
designated representative(s) in accordance the Records Access standard
(29 CFR 1910.1020).

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other

technological information collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extends approval of the information
collection requirements contained in the Beryllium Standards for
General Industry (29 CFR part 1910.1024), Construction (29 CFR
1926.1124), Maritime (29 CFR 1915.1024). OSHA is proposing that the
burden hours and cost for material and maintenance remain the same. The
agency will summarize the comments submitted in response to this notice
and will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Beryllium Standards for General Industry (29 CFR part
1910.1024), Construction (29 CFR 1926.1124), Maritime (29 CFR
1915.1024).
    OMB Number: 1218-0267.
    Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
    Number of Respondents: 5,872.
    Frequence of Response: On occasion.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 194,261.
    Estimated Cost (Operation and Maintenance): $46,158,266.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2019-0010). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available through the website, and for assistance in using the internet
to locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on January 28, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-02000 Filed 1-31-20; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Notices]
[Pages 52955-52956]
[FR Doc No: 2013-20792]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-B-1349]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR). The LOMR will be used by
insurance agents and others to calculate appropriate flood insurance
premium rates for new buildings and the contents of those buildings.
For rating purposes, the currently effective community number is shown
in the table below and must be used for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has ninety (90)
days in which to request through the community that the Deputy
Associate Administrator for Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR Part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean

that the community must change any existing ordinances that are more
stringent in their floodplain management requirements. The community
may at any time enact stricter requirements of its own or pursuant to
policies established by other Federal, State, or regional entities. The
flood hazard determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below.
    Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Chief executive                       Online location
        State and county          Location and case      officer of        Community map     of letter of map        Effective date of        Community
                                         No.              community          repository          revision              modification              No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
New York: Monroe...............  Village of          The Honorable John  Village Hall, 28   http://www.rampp-  December 3, 2013............       360437
                                  Webster, (13-02-    Cahill, Mayor,      West Main          team.com/
                                  0260P).             Village of          Street, Webster,   lomrs.htm.
                                                      Webster, 28 West    NY 14580.
                                                      Main Street,
                                                      Webster, NY 14580.
Texas:
    Bexar......................  City of San         The Honorable       Department of      http://www.rampp-  October 21, 2013............       480045
                                  Antonio, (13-06-    Julian Castro,      Public Works,      team.com/
                                  1131P).             Mayor, City of      Storm Water        lomrs.htm.
                                                      San Antonio, P.O.   Engineering,
                                                      Box 839966, San     1901 South Alamo
                                                      Antonio, TX 78283.  Street, 2nd
                                                                          Floor, San
                                                                          Antonio, TX
                                                                          78204.
    Bexar......................  Unincorporated      The Honorable       Bexar County       http://www.rampp-  October 10, 2013............       480035
                                  areas of Bexar      Nelson W. Wolff,    Public Works       team.com/
                                  County, (13-06-     Bexar County        Department, 233    lomrs.htm.
                                  1809P).             Judge, Paul         North Pecos-La
                                                      Elizondo Tower,     Trinidad Street,
                                                      101 West Nueva      Suite 420, San
                                                      Street, 10th        Antonio, TX
                                                      Floor, San          78207.
                                                      Antonio, TX 78205.
    Collin.....................  Unincorporated      The Honorable       Collin County      http://www.rampp-  October 24, 2013............       480130
                                  areas of Collin     Keith Self,         Department of      team.com/
                                  County, (13-06-     Collin County       Public Works,      lomrs.htm.
                                  1085P).             Judge, 2300         210 South
                                                      Bloomdale Road,     McDonald Street,
                                                      Suite 4192,         McKinney, TX
                                                      McKinney, TX        75069.
                                                      75071.
    Dallas.....................  City of Coppell,    The Honorable       Department of      http://www.rampp-  November 4, 2013............       480170
                                  (13-06-1839P).      Karen Hunt,         Engineering, 265   team.com/
                                                      Mayor, City of      Parkway            lomrs.htm.
                                                      Coppell, P.O. Box   Boulevard,
                                                      9478, Coppell, TX   Coppell, TX
                                                      75019.              75019.
    Dallas.....................  City of Dallas,     The Honorable Mike  Department of      http://www.rampp-  November 4, 2013............       480171
                                  (13-06-1839P).      Rawlings, Mayor,    Public Works,      team.com/
                                                      City of Dallas,     320 East           lomrs.htm.
                                                      1500 Marilla        Jefferson
                                                      Street, Room 5EN,   Boulevard, Room
                                                      Dallas, TX 75201.   321, Dallas, TX
                                                                          75203.
    Dallas.....................  City of Irving,     The Honorable Beth  Department of      http://www.rampp-  November 4, 2013............       480180
                                  (13-06-1839P).      Van Duyne, Mayor,   Public Works,      team.com/
                                                      City of Irving,     825 West Irving    lomrs.htm.
                                                      825 West Irving     Boulevard,
                                                      Boulevard,          Irving, TX 75060.
                                                      Irving, TX 75060.
    Gillespie..................  Unincorporated      The Honorable Mark  Gillespie County,  http://www.rampp-  October 31, 2013............       480696
                                  areas of            Stroeher,           101 West Main      team.com/
                                  Gillespie County,   Gillespie County    Street,            lomrs.htm.
                                  (13-06-0803P).      Judge, 101 West     Fredericksburg,
                                                      Main Street, Room   TX 78624.
                                                      101,
                                                      Fredericksburg,
                                                      TX 78624.
    Webb.......................  City of Laredo,     The Honorable Raul  1120 San Bernardo  http://www.rampp-  October 17, 2013............       480651
                                  (12-06-3255P).      G. Salinas,         Avenue, Laredo,    team.com/
                                                      Mayor, City of      TX 78040.          lomrs.htm.
                                                      Laredo, 1110
                                                      Houston Street,
                                                      Laredo, TX 78040.
    Webb.......................  Unincorporated      The Honorable       Webb County, 1110  http://www.rampp-  October 17, 2013............       481059
                                  areas of Webb       Danny Valdez,       Washington         team.com/
                                  County, (12-06-     Webb County         Street, Suite      lomrs.htm.
                                  3255P).             Judge, 1000         302, Laredo, TX
                                                      Houston Street,     78040.
                                                      3rd Floor,
                                                      Laredo, TX 78040.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: August 12, 2013.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-20792 Filed 8-26-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: October 26, 2007 (Volume 72, Number 207)]
[Notices]
[Page 60831-60832]
[DOCID:fr26oc07-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-1175-001]

Ameren Illinois Transmission Company; Notice of Filing

October 18, 2007.
    Take notice that on October 3, 2007, pursuant to the Federal Energy
Regulatory Commission's September 17, 2007, letter order, Ameren
Illinois Transmission Company (Ameren Transco) filed a certificate of
concurrence Ameren Transco designating the Joint Ownership Agreement,
accepted as Rate Schedule No. 1.

    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. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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>.
    Comment Date: 5 p.m. Eastern Time on October 31, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-21154 Filed 10-25-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Page 54314]
[FR Doc No: 2023-17159]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2336-101]

Georgia Power Company; Notice of Waiver of Water Quality
Certification

    On January 3, 2022, Georgia Power Company (Georgia Power) filed an
application for a new license for the Lloyd Shoals Hydroelectric
Project (project) in the above captioned docket. On June 24, 2022,
Georgia Power filed with the Georgia Department of Natural Resources,
Environmental Protection Division (Georgia EPD), a request for water
quality certification for the project under section 401(a)(1) of the
Clean Water Act.
    On July 19, 2022, staff provided the certifying authority with
written notice pursuant to 40 CFR 121.6(b) that the applicable
reasonable period of time for the state to act on the certification
request was one (1) year from the date of receipt of the request, and
that the certification requirement for the license would be waived if
the certifying authority failed to act by June 24, 2023. Because the
state did not act by June 24, 2023, we are notifying you pursuant to 40
CFR 121.9(c), and section 401(a)(1) of the Clean Water Act, 33 U.S.C.
1341(a)(1), that waiver of the certification requirement has occurred.

    Dated: August 4, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-17159 Filed 8-9-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Pages 19710-19711]
[FR Doc No: 2017-08571]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
meetings related to the transmission planning activities of the New
York Independent System Operator, Inc. (NYISO):

NYISO Electric System Planning Working Group Meeting

May 5, 2017, 10:00 a.m.-3:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2017-05-05.

NYISO Business Issues Committee Meeting

May 17, 2017, 10:00 a.m.-12:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic&directory=2017-05-17.

NYISO Operating Committee Meeting

May 18, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=oc&directory=2017-05-18.

NYISO Electric System Planning Working Group Meeting

May 25, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2017-05-25.

NYISO Management Committee Meeting

May 31, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=mc&directory=2017-05-31.
    The discussions at the meetings described above may address matters
at issue in the following proceedings:
    New York Independent System Operator, Inc., Docket No. ER13-102.
    New York Independent System Operator, Inc., Docket No. ER15-2059.
    New York Transco, LLC, Docket No. ER15-572.
    For more information, contact James Eason, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: April 21, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-08571 Filed 4-27-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Pages 20386-20387]
[FR Doc No: 2013-07846]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0015; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
2012 Porsche GT3RS Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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

SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
nonconforming 2012 Porsche GT3RS passenger cars that were not
originally manufactured to comply with all applicable Federal Motor
Vehicle Safety Standards (FMVSS), are eligible for importation into the
United States because they are substantially similar to vehicles that
were originally manufactured for sale in the United States and that
were certified by their manufacturer as complying with the safety
standards (the U.S.-certified version of the 2012 Porsche GT3RS) and
they are capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is May 6, 2013.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our 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 DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document

notice. Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically search the Docket for new material.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into and sale in the United
States, certified under 49 U.S.C. Sec.  30115, and of the same model
year as the model of the motor vehicle to be compared, and is capable
of being readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    J.K. Technologies, LLC. of Baltimore, Maryland (Registered Importer
90-006) has petitioned NHTSA to decide whether nonconforming 2012
Porsche GT3RS passenger cars are eligible for importation into the
United States. The vehicles which J.K. Technologies believes are
substantially similar are 2012 Porsche GT3RS passenger cars that were
manufactured for sale in the United States and certified by their
manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified 2012
Porsche GT3RS passenger cars to their U.S.-certified counterparts, and
found the vehicles to be substantially similar with respect to
compliance with most FMVSS.
    J.K. Technologies submitted information with its petition intended
to demonstrate that non-U.S. certified 2012 Porsche GT3RS passenger
cars, as originally manufactured, conform to many FMVSS in the same
manner as their U.S. certified counterparts, or are capable of being
readily altered to conform to those standards. Specifically, the
petitioner claims that non-U.S. certified 2012 Porsche GT3RS passenger
cars are identical to their U.S. certified counterparts with respect to
compliance with Standard Nos. 102 Transmission Shift Lever Sequence,
Starter Interlock, and Transmission Braking Effect, 103 Windshield
Defrosting and Defogging Systems, 104 Windshield Wiping and Washing
Systems, 106 Brake Hoses, 113 Hood Latch System, 116 Motor Vehicle
Brake Fluids, 124 Accelerator Control Systems, 126 Electronic Stability
Control Systems, 135 Light Vehicle Brake Systems, 138 Tire Pressure
Monitoring Systems, 139 New Pneumatic Radial Tires for Light Vehicles,
201 Occupant Protection in Interior Impact, 202 Head Restraints, 204
Steering Control Rearward Displacement, 206 Door Locks and Door
Retention Components, 210 Seat Belt Assembly Anchorages, 212 Windshield
Mounting, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, and
302 Flammability of Interior Materials.
    The petitioner also contends that the vehicles are capable of being
readily altered to meet the following standards, in the manner
indicated:
    Standard No. 101 Controls and Displays: replacement of the
instrument cluster with a U.S.-model component and reprogramming the
vehicle computer.
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: replacement of the headlamps, side marker lamps, and tail
lamps with U.S.-model components and reprogramming the vehicle computer
to activate necessary systems.
    Standard No. 110 Tire Selection and Rims for Motor Vehicles with a
GVWR of 4,536 kilograms (10,000 pounds) or Less: installation of a tire
information placard.
    Standard No. 111 Rearview Mirrors: replacement of the passenger
side rearview mirror with a U.S.-model component or inscription of the
required warning statement on the face of that mirror.
    Standard No. 114 Theft Protection and Rollaway Prevention:
reprogramming the vehicle computer to activate the key warning and belt
warning systems.
    Standard No. 118 Power-operated Window, Partition, And Roof Panel
Systems: reprogramming the vehicle computer to conform to the standard.
    Standard No. 205 Glazing Materials: inspecting each vehicle for
compliance with the standard and replacement of nonconforming glazing
with U.S.-model components as needed.
    Standard No. 207 Seating Systems: replacement of driver's and
passenger seats with U.S.-model components to accommodate an advanced
airbag system.
    Standard No. 208 Occupant Crash Protection: The petitioner states
that all parts of these systems, including the belts, airbags, sensors,
control units (ECU), wiring harnesses, knee bolsters, and braces, must
be replaced with parts identical to the U.S.-model components. The
petitioner also states: ``Due to the varying regulations around the
world all parts of these systems must be inspected to verify the U.S.
part numbers on all belts and control unit.''
    Standard No. 209 Seat Belt Assemblies: replacement of seatbelts
with updated components to address a safety recall campaign.
    Standard No. 301 Fuel System Integrity: installation of a U.S.-
model rollover valve in the fuel tank vent line.
    Standard No. 401 Interior Trunk Release: installation of U.S.-model
interior trunk release components.
    The petitioner states that the bumpers and bumper support structure
are identical to that of the U.S. certified model. However, the bumper
shocks must be replaced with U.S.-model components and ``Bumper
Extensions'' must also be added to comply with 49 CFR part 581.
    The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicles near the left windshield post to
meet the requirements of 49 CFR part 565.
    All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

    Issued on: March 29, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-07846 Filed 4-3-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Page 44555]
[FR Doc No: 2013-17725]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 349-176]

Alabama Power Company; Notice of Application Accepted for Filing
Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-project use of project lands and waters
    b. Project No: 349-176
    c. Date Filed: February 12, 2013, February 21, 2013, and May 9,
2013
    d. Applicant: Alabama Power Company
    e. Name of Project: Martin Dam Hydroelectric Project
    f. Location: Lake Martin, Alexander City, Tallapoosa County,
Alabama
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r)
    h. Applicant Contact: Amy Stewart, Alabama Power Company, 600 18th
Street North, Birmingham, Alabama, 35203<PHONE_NUMBER>
    i. FERC Contact: Jade Alvey,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: August 19, 2013
    All documents may be filed electronically via the Internet. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
Please include the project number (P-349-176) on any comments or
motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Application: Alabama Power Company requests
Commission approval to permit Russell Crossroads to install new dock
facilities at the area known as Crossroads Landing. The new facilities
would consist of two floating docks with four double slips and two sets
of mooring cleats, and one L-shaped floating dock with two double slips
and two sets of mooring cleats. The three proposed docks would provide
mooring for up to a total of twenty-five watercraft. The application
also includes an existing three-slip dock with two sets of mooring
cleats, and an L-shaped two-slip dock. Two existing small wooden docks
would be removed prior to the three-phased development process proposed
by the applicant. The application provides specific measurements for
each structure, as well as their distance from the existing structures,
and documentation of consultation.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-349) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: July 17, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-17725 Filed 7-23-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44439-44440]
[FR Doc No: 2023-14722]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0203; FMCSA-2011-0089; FMCSA-2014-0213; FMCSA-
2015-0115; FMCSA-2016-0007; FMCSA-2018-0057; FMCSA-2019-0027]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for seven
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on June 10, 2023. The exemptions
expire on June 10, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are from 8:30 a.m. to 5 p.m. ET
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2010-0203, FMCSA-2011-0089, FMCSA-2014-0213, FMCSA-2015-
0115, FMCSA-2016-0007, FMCSA-2018-0057, or FMCSA-2019-0027) in the
keyword box and click ``Search.'' Next, sort the results by ``Posted
(Newer-Older),'' choose the first notice listed, and click ``Browse
Comments.'' If you do not have access to the internet, you may view the
docket online by visiting Dockets Operations on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at

https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of the
submitter.

II. Background

    On May 1, 2023, FMCSA published a notice announcing its decision to
renew exemptions for seven individuals from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in
interstate commerce and requested comments from the public (88 FR
34916). The public comment period ended on June 30, 2023, and no
comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in Appendix A to Part 391--
Medical Advisory Criteria, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based on its evaluation of the seven renewal exemption applications
and comments received, FMCSA announces its decision to exempt the
following drivers from the epilepsy and seizure disorders prohibition
in Sec.  391.41(b)(8).
    As of June 10, 2023, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers (88 FR
34916):

John D. Archer (MO)
Brian Brown (PA)
Marvin Fender (CO)
Daniel Gast (KS)
Denton Hineline (WA)
Steve Hunsaker (ID)
Bryan R Jones (PA)

    The drivers were included in docket number FMCSA-2010-0203, FMCSA-
2011-0089, FMCSA-2014-0213, FMCSA-2015-0115, FMCSA-2016-0007, FMCSA-
2018-0057, or FMCSA-2019-0027. Their exemptions were applicable as of
June 10, 2023 and will expire on June 10, 2025.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-14722 Filed 7-11-23; 8:45 am]
BILLING CODE 4910-EX-P


Deer_ Park__ TX COMPANY COMPLEX PLANT_ CODE PLANT_ NAME SOURCE_ NO Dow Chemical  Hampshire Deer Park, TX EPN 138 Dow Chemical  Hampshire Deer Park, TX EPN 155171 Dow Chemical  Hampshire Deer Park, TX EPN 155181 Dow Chemical  Hampshire Deer Park, TX EPN 245 Dow Chemical  Hampshire Deer Park, TX EPN 2884 Dow Chemical  Hampshire Deer Park, TX EPN 4037 Dow Chemical  Hampshire Deer Park, TX EPN 407 Dow Chemical  Hampshire Deer Park, TX EPN 408 Dow Chemical  Hampshire Deer Park, TX EPN 4297 Dow Chemical  Hampshire Deer Park, TX EPN 430 Dow Chemical  Hampshire Deer Park, TX EPN 4338 Dow Chemical  Hampshire Deer Park, TX EPN 442 Dow Chemical  Hampshire Deer Park, TX EPN 443 Dow Chemical  Hampshire Deer Park, TX EPN 444 Dow Chemical  Hampshire Deer Park, TX EPN 516 Dow Chemical  Hampshire Deer Park, TX EPN 531 Dow Chemical  Hampshire Deer Park, TX EPN 546 Dow Chemical  Hampshire Deer Park, TX EPN 573 Dow Chemical  Hampshire Deer Park, TX EPN 598 Dow Chemical  Hampshire Deer Park, TX EPN 6031 Dow Chemical  Hampshire Deer Park, TX EPN 6032 Dow Chemical  Hampshire Deer Park, TX EPN 6034 Dow Chemical  Hampshire Deer Park, TX EPN 6064 Dow Chemical  Hampshire Deer Park, TX EPN 6121 Dow Chemical  Hampshire Deer Park, TX EPN 6122 Dow Chemical  Hampshire Deer Park, TX EPN 6123 Dow Chemical  Hampshire Deer Park, TX EPN 7717 Dow Chemical  Hampshire Deer Park, TX EPN 138 Dow Chemical  Hampshire Deer Park, TX EPN 155171 Dow Chemical  Hampshire Deer Park, TX EPN 155181 Dow Chemical  Hampshire Deer Park, TX EPN 2884 Dow Chemical  Hampshire Deer Park, TX EPN 4037 Dow Chemical  Hampshire Deer Park, TX EPN 407 Dow Chemical  Hampshire Deer Park, TX EPN 408 Dow Chemical  Hampshire Deer Park, TX EPN 4297 Dow Chemical  Hampshire Deer Park, TX EPN 4338 Dow Chemical  Hampshire Deer Park, TX EPN 442 Dow Chemical  Hampshire Deer Park, TX EPN 443 Dow Chemical  Hampshire Deer Park, TX EPN 444 Dow Chemical  Hampshire Deer Park, TX EPN 516 Dow Chemical  Hampshire Deer Park, TX EPN 531 Dow Chemical  Hampshire Deer Park, TX EPN 573 Dow Chemical  Hampshire Deer Park, TX EPN 598 Dow Chemical  Hampshire Deer Park, TX EPN 6031 Dow Chemical  Hampshire Deer Park, TX EPN 6032 Dow Chemical  Hampshire Deer Park, TX EPN 6034 Dow Chemical  Hampshire Deer Park, TX EPN 6064 Dow Chemical  Hampshire Deer Park, TX EPN 6121 Dow Chemical  Hampshire Deer Park, TX EPN 6122 Dow Chemical  Hampshire Deer Park, TX EPN 6123 Page 1 Deer_ Park__ TX Dow Chemical  Hampshire Deer Park, TX EPN 7717 Dow Chemical  Hampshire Deer Park, TX EPN 2914 Dow Chemical  Hampshire Deer Park, TX EPN 566 Dow Chemical  Hampshire Deer Park, TX EPN 895 Page 2 Deer_ Park__ TX SOURCE_ DESCRIPTION CHEMICAL_ NAME CAS_ NO EMISSION_ RATE ( LBS/ YR) Multipurpose Spray Dryer Formaldehyde 50000 5080 DAXAD Storage Tank Formaldehyde 50000 22 DAXAD Storage Tank Formaldehyde 50000 34 Formaldehyde Storage Tank Scrubber Formaldehyde 50000 16 DAXAD Storage Tank 13 Formaldehyde 50000 36 LCA DAXAD Filter Press Formaldehyde 50000 0.2 DAXAD Storage Tank 1 Formaldehyde 50000 38 Loading Rack # 4 Formaldehyde 50000 4 Loading Rack # 2 Formaldehyde 50000 4 Spray Dryer Formaldehyde 50000 8580 Third Filter Press Formaldehyde 50000 0.2 DAXAD Storage Tank 4 Formaldehyde 50000 38 DAXAD Storage Tank 3 Formaldehyde 50000 38 DAXAD Storage Tank 2 Formaldehyde 50000 38 Furan Utility Tank Formaldehyde 50000 70 DAXAD Storage Tank 5 Formaldehyde 50000 38 Fluid Bed Dryer Formaldehyde 50000 880 Filter Press Formaldehyde 50000 0.06 DAXAD Thermal Oxidizer Formaldehyde 50000 502 DAXAD Storage Tank 6 Formaldehyde 50000 70 DAXAD Storage Tank 7 Formaldehyde 50000 154 DAXAD Storage Tank 9 Formaldehyde 50000 80 Loading Rack # 5 Formaldehyde 50000 4 Loading Rack # 9 Formaldehyde 50000 2 Loading Rack # 8 Formaldehyde 50000 2 Loading Rack # 7 Formaldehyde 50000 2 DAXAD Storage Tank 12 Formaldehyde 50000 18 Multipurpose Spray Dryer Methanol 67561 15020 DAXAD Storage Tank Methanol 67561 36 DAXAD Storage Tank Methanol 67561 60 DAXAD Storage Tank 13 Methanol 67561 122 LCA DAXAD Filter Press Methanol 67561 6 DAXAD Storage Tank 1 Methanol 67561 30 Loading Rack # 4 Methanol 67561 4 Loading Rack # 2 Methanol 67561 4 Third Filter Press Methanol 67561 4 DAXAD Storage Tank 4 Methanol 67561 28 DAXAD Storage Tank 3 Methanol 67561 28 DAXAD Storage Tank 2 Methanol 67561 28 Furan Utility Tank Methanol 67561 26 DAXAD Storage Tank 5 Methanol 67561 28 Filter Press Methanol 67561 2 DAXAD Thermal Oxidizer Methanol 67561 7980 DAXAD Storage Tank 6 Methanol 67561 114 DAXAD Storage Tank 7 Methanol 67561 124 DAXAD Storage Tank 9 Methanol 67561 128 Loading Rack # 5 Methanol 67561 4 Loading Rack # 9 Methanol 67561 1 Loading Rack # 8 Methanol 67561 1 Loading Rack # 7 Methanol 67561 1 Page 3 Deer_ Park__ TX DAXAD Storage Tank 12 Methanol 67561 28 Naphthalene Storage Tank C Naphthalene 91203 660 Naphthalene Storage Tank A Naphthalene 91203 1940 Naphthalene Storage Tank B Naphthalene 91203 30000 Page 4 Deer_ Park__ TX EPN DESCRIPTION Source Type Diameter ( ft) Max Of Height ( ft) Velocity ( ft/ s) Multipurpose Spray Dryer 3 59 75.5 DAXAD Storage Tank s 0.33 33.75 5.1 DAXAD Storage Tank s 0.33 33.75 5.1 Formaldehyde Storage Tank Scrubber s 0.17 56 3.26 DAXAD Storage Tank 13 s 0.5 29.5 2.3 20 DAXAD Storage Tank 1 s 0.25 32.67 9.1 Loading Rack # 4 t 1.67 11 0.1 Loading Rack # 2 t 1.67 11 0.1 Spray Dryer 2.5 100.5 93.3 20 DAXAD Storage Tank 4 s 0.25 32.67 9.1 DAXAD Storage Tank 3 s 0.25 32.67 9.1 DAXAD Storage Tank 2 s 0.25 32.67 9.1 Furan Utility Tank s 2 13 0.1 DAXAD Storage Tank 5 s 0.25 32.67 9.1 Fluid Bed Dryer 2 91 31.56 20 DAXAD Thermal Oxidizer p 2.82 95 26.3 DAXAD Storage Tank 6 s 0.5 29.5 2.3 DAXAD Storage Tank 7 s 0.5 29.5 2.3 DAXAD Storage Tank 9 s 0.5 29.5 2.3 Loading Rack # 5 t 1.67 11 0.1 Loading Rack # 9 t 1.67 13 0.1 Loading Rack # 8 t 1.67 13 0.1 Loading Rack # 7 t 1.67 13 0.1 DAXAD Storage Tank 12 s 0.17 17.25 20.4 Multipurpose Spray Dryer 3 59 75.5 DAXAD Storage Tank s 0.33 33.75 5.1 DAXAD Storage Tank s 0.33 33.75 5.1 DAXAD Storage Tank 13 s 0.5 29.5 2.3 20 DAXAD Storage Tank 1 s 0.25 32.67 9.1 Loading Rack # 4 t 1.67 11 0.1 Loading Rack # 2 t 1.67 11 0.1 20 DAXAD Storage Tank 4 s 0.25 32.67 9.1 DAXAD Storage Tank 3 s 0.25 32.67 9.1 DAXAD Storage Tank 2 s 0.25 32.67 9.1 Furan Utility Tank s 2 13 0.1 DAXAD Storage Tank 5 s 0.25 32.67 9.1 20 DAXAD Thermal Oxidizer p 2.82 95 26.3 DAXAD Storage Tank 6 s 0.5 29.5 2.3 DAXAD Storage Tank 7 s 0.5 29.5 2.3 DAXAD Storage Tank 9 s 0.5 29.5 2.3 Loading Rack # 5 t 1.67 11 0.1 Loading Rack # 9 t 1.67 13 0.1 Loading Rack # 8 t 1.67 13 0.1 Loading Rack # 7 t 1.67 13 0.1 Page 5 Deer_ Park__ TX DAXAD Storage Tank 12 s 0.17 17.25 20.4 Naphthalene Storage Tank C s 0.25 32.67 9.1 Naphthalene Storage Tank A s 0.25 32.67 9.1 Naphthalene Storage Tank B s 0.25 32.67 9.1 Page 6 Deer_ Park__ TX Temp ( F) Length ( ft) Width ( ft) of North Degrees UTM_ ZONE UTM_ E ( METERS) UTM_ N ( METERS) 228 15 297577 3289157 120 15 297272 3288775 120 15 297272 3288784 92.6 15 297606 3289296 100 15 297665 3289292 12 4 15 297589 3289177 140 15 297583 3289308 140 15 297543 3289306 140 15 297633 3289307 193.9 15 297587 3289216 12 4 15 297595 3289177 140 15 297601 3289308 140 15 297595 3289308 140 15 297589 3289308 160 15 297591 3289198 140 15 297607 3289308 188.7 15 297578 3289219 8 4 15 297596 3289206 1410 15 297601 3289179 120 15 297647 3289309 140 15 297656 3289292 120 15 297656 3289309 140 15 297555 3289297 140 15 297519 3289321 140 15 297519 3289309 140 15 297519 3289298 120 15 297568 3289315 228 15 297577 3289157 120 15 297272 3288775 120 15 297272 3288784 100 15 297665 3289292 12 4 15 297589 3289177 140 15 297583 3289308 140 15 297543 3289306 140 15 297633 3289307 12 4 15 297595 3289177 140 15 297601 3289308 140 15 297595 3289308 140 15 297589 3289308 160 15 297591 3289198 140 15 297607 3289308 8 4 15 297596 3289206 1410 15 297601 3289179 120 15 297647 3289309 140 15 297656 3289292 120 15 297656 3289309 140 15 297555 3289297 140 15 297519 3289321 140 15 297519 3289309 140 15 297519 3289298 Page 7 Deer_ Park__ TX 120 15 297568 3289315 220 15 297597 3289288 220 15 297587 3289293 220 19 297587 3289286 Page 8


[Federal Register: January 8, 2007 (Volume 72, Number 4)]
[Notices]
[Page 803-804]
[DOCID:fr08ja07-93]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-27645]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

December 29, 2006.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
December, 2006. A copy of each application may be obtained for a fee at
the SEC's Public

Reference Branch (tel.<PHONE_NUMBER>). An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by writing to the
SEC's Secretary at the address below and serving the relevant applicant
with a copy of the request, personally or by mail. Hearing requests
should be received by the SEC by 5:30 p.m. on January 24, 2007, and
should be accompanied by proof of service on the applicant, 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
Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    For Further Information Contact: Diane L. Titus at<PHONE_NUMBER>,
SEC, Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-4041.

Agilex Funds [File No. 811-21123]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On May 30, 2006, applicant made a liquidating
distribution to its shareholders, based on net asset value. Expenses of
$31,625 incurred in connection with the liquidation were paid by
applicant.
    Filing Date: The application was filed on December 12, 2006.
    Applicant's Address: 200 East Broward Blvd., Suite 920, Fort
Lauderdale, FL 33301.

Thirteenth Automatic Common Exchange Security Trust [File No. 811-9431]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on December 5, 2006.
    Applicant's Address: Attn: Heather Sahrbeck, Goldman, Sachs & Co.,
85 Broad St., New York, NY 10004.

Rydex Capital Partners Sphinx Fund [File No. 811-21278]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On June 2,
2006, applicant transferred its assets to Absolute Return Strategies
Fund, a series of Rydex Series Funds, based on net asset value.
Expenses of approximately $152,008 incurred in connection with the
reorganization were paid by Rydex Capital Partners I, LLC, applicant's
investment adviser.
    Filing Date: The application was filed on November 30, 2006.
    Applicant's Address: 9601 Blackwell Rd., Suite 500, Rockville, MD
20850.

State and Local Trusts, Series 1 [File No. 811-5147]

    Summary: Applicant, a unit investment trust, seeks an order
declaring that it has ceased to be an investment company. On November
17, 2006, applicant made a liquidating distribution to its unitholders,
based on net asset value. Expenses of approximately $3,000 incurred in
connection with the liquidation were paid by applicant.
    Filing Date: The application was filed on November 22, 2006.
    Applicant's Address: 800 Shades Creek Parkway, Suite 700,
Birmingham, AL 35209.

Mount Yale Opportunity Fund, LLC [File No. 811-21635]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On September
30, 2006, applicant made a liquidating distribution to its
shareholders, based on net asset value. Expenses of $4,000 incurred in
connection with the liquidation were paid by Mount Yale Asset
Management, LLC, applicant's investment adviser.
    Filing Dates: The application was filed on November 7, 2006, and
amended on December 20, 2006.
    Applicant's Address: 8000 Norman Center Dr., Suite 630,
Minneapolis, MN 55437.

GAM Funds, Inc. [File No. 811-4062]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On or about September 28, 2006, applicant
made a final liquidating distribution to its shareholders, based on net
asset value. Expenses of $26,671 incurred in connection with the
liquidation were paid by GAM International Management Limited,
applicant's investment adviser. Applicant has retained $1,410,759 in
cash, which is being held by Brown Brothers Harriman & Co., applicant's
custodian, to pay certain outstanding accrued expenses.
    Filing Dates: The application was filed on November 13, 2006, and
amended on December 14, 2006.
    Applicant's Address: 330 Madison Ave., New York, NY 10017.

Man-Glenwood Lexington Institutional TEI, LLC [File No. 811-21772]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Dates: The application was filed on November 20, 2006, and
amended on December 11, 2006.
    Applicant's Address: 123 N Wacker Dr., 28th Floor, Chicago, IL
60606.

Evergreen Hedged Specialists Fund, LLC [File No. 811-21174]; Evergreen
Managed Strategies Fund, LLC [File No. 811-21175]

    Summary: Each applicant, a closed-end investment company, seeks an
order declaring that it has ceased to be an investment company.
Applicants have never made a public offering of their securities and do
not propose to make a public offering or engage in business of any
kind.
    Filing Dates: The applications were filed on March 21, 2005, and
amended on November 29, 2006.
    Applicants' Address: 200 Berkeley St., Boston, MA 02116.

The New York Tax-Exempt Fund, Inc. [File No. 811-5278]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On February
19, 1999, applicant transferred its assets to Oppenheimer New York
Municipal Fund, based on net asset value. Less than $30,000 in expenses
were incurred in connection with the reorganization and were paid by
applicant.
    Filing Dates: The application was filed on August 9, 2002, and
amended on December 4, 2006.
    Applicant's Address: OppenheimerFunds, Inc., 6803 South Tucson Way,
Centennial, CO 80112.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E7-14 Filed 1-5-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Notices]
[Page 23114]
[FR Doc No: 2023-07875]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34881; 812-15373]

DoubleLine ETF Trust, et al.

April 10, 2023.
AGENCY: Securities and Exchange Commission (``Commission'').

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, 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 (as defined below) to enter into and materially amend
subadvisory agreements with subadvisers without shareholder approval
and would grant relief from the Disclosure Requirements as they relate
to fees paid to the subadvisers.

APPLICANTS:  DoubleLine ETF Trust (the ``Trust''), a Delaware statutory
trust registered under the Act as an open-end management investment
company with multiple series, which include the DoubleLine
Opportunistic Bond ETF and the DoubleLine Shiller CAPE[supreg] U.S.
Equities ETF (each series a ``Fund'' and collectively the ``Funds''),
and DoubleLine ETF Adviser LP, a Delaware limited partnership
registered as an investment adviser under the Investment Advisers Act
of 1940 that serves as investment adviser to the Funds (collectively
with the Trust, the ``Applicants'').

FILING DATES:  The application was filed on July 25, 2022 and amended
on November 2, 2022 and January 20, 2023.

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 Commission'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 May 5,
2023, 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: John
J. O'Brien, [email protected].

FOR FURTHER INFORMATION CONTACT: Laura L. Solomon, 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 January 20, 2023, which may be obtained
via the Commission's website by searching for the file number, using
the Company name box, at http://www.sec.gov/search/search.htm, or by
calling<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-07875 Filed 4-13-23; 8:45 am]
BILLING CODE 8011-01-P