[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30926-30931]
[FR Doc No: 2017-13893]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32713; 813-00386]

The Boston Consulting Group, Inc. and Green Falcon Investors I,
L.P.

June 27, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of application for an order under sections 6(b) and 6(e) of
the Investment Company Act of 1940 (the ``Act'') granting an exemption
from all provisions of the Act and the rules and regulations
thereunder, except sections 9, 17, 30, and 36 through 53 of the Act,
and the rules and regulations thereunder (the ``Rules and
Regulations''). With respect to sections 17(a), (d), (f), (g) and (j)
and 30(a), (b), (e), and (h) of the Act, and the Rules and Regulations,
and rule 38a-1 under the Act, the exemption is limited as set forth in
the application.

Summary of Application: Applicants request an order to exempt certain
limited partnerships and other entities formed for the benefit of
eligible employees of The Boston Consulting Group, Inc. (``BCG'') and
its affiliates from certain provisions of the Act. Each such entity
will be an ``employees' securities company'' within the meaning of
section 2(a)(13) of the Act.

Applicants: BCG and Green Falcon Investors I, L.P. (the ``Existing
Fund'').

Filing Dates: The application was filed on September 16, 2016 and was
amended on March 08, 2017.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on July 24, 2017, and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, the reason for the request, and the issues contested. Persons
who wish to be notified of a hearing may request notification by
writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090; Applicants: One Beacon Street,
10th Floor, Boston, Massachusetts 02108.

FOR FURTHER INFORMATION CONTACT: Rachel Loko, Senior Counsel, at (202)
551-6883 or Aaron Gilbride, Acting Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

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

Applicants' Representations

    1. BCG, a Massachusetts corporation, is a management consulting
firm. Any entity controlling, controlled by, or under common control
with BCG is each a ``BCG Entity''.
    2. The Existing Fund is a Delaware limited partnership formed in
2016 pursuant to a limited partnership agreement (the ``Existing Fund
Agreement''). The applicants may in the future offer additional pooled
investment vehicles substantially similar in all material respects
(other than form of organization, investment objective and strategy,
and other differences described in the application) to Eligible
Investors (as defined below) (the ``Subsequent Funds'' and, together
with the Existing Fund, the ``Investment Funds'').\1\ The applicants
anticipate that each Subsequent Fund also will be structured as a
limited partnership, although a Subsequent Fund could be structured as
a domestic or offshore general partnership, limited liability company
or corporation. The operating agreements of the Investment Funds are
the ``Investment Fund Agreements.'' An Investment Fund may include a
single vehicle designed to issue interests in series or having similar
features to enable a single Investment Fund to function as if it were
several successive Investment Funds for ease of administration. Each
Investment Fund will be an employees' securities company within the
meaning of section 2(a)(13) of the Act.
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    \1\ Each Investment Fund will operate either as a closed-end or
open-end management investment company and a particular Investment
Fund will operate as a ``diversified'' or ``non-diversified''
vehicle within the meaning of the Act.
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    3. The Existing Fund is organized to provide a benefit for Eligible
Investors by providing the opportunity to participate in certain
investment opportunities which would in all likelihood be unavailable
to such investors acting individually. The Investment Funds will invest
in certain investment opportunities that come to the attention of BCG
or a BCG Entity. These opportunities may include investments in
operating businesses, separate accounts with registered or unregistered
investment advisers, investments in pooled investment vehicles such as
registered investment companies, investment companies exempt from
registration under the Act, commodity pools, and other securities
investments (each particular investment being referred to herein as an
``Investment''). Applicants submit that a substantial community of
interest exists among BCG, the BCG Entities and the current and future
members (``Members'') of the Existing Fund, given the purposes and
operations of the Existing Fund and the nature of the Eligible
Investors participating in such fund. BCG will ``control'' each
Investment Fund within the meaning of section 2(a)(9) of the Act.
    4. Interests in an Investment Fund (``Interests'') will be offered
and sold by the Investment Funds in reliance upon the exemption from
registration under section 4(2) of the Securities Act of 1933 (the
``Securities Act'') or pursuant to Regulation D or Regulation S
promulgated under the Securities Act. Interests in any Investment Fund
(other than short-term paper) will be offered only to BCG, BCG
Entities, or Eligible Investors. ``Eligible Investors'' means persons
who at the time of investment are: (a) Current or former employees,
partners, principals, officers and directors of BCG or a BCG Entity
(including people involved in administration, marketing, and operations
of BCG or a BCG Entity) (``Eligible Employees''), (b) the immediate
family members of Eligible Employees, which are parents, children,
spouses of children, spouses, and siblings, including step or adoptive
relationships (``Immediate Family Members''),\2\ and (c) trusts or
other entities or arrangements the sole beneficiaries of which consist
of Eligible Employees or their Immediate Family Members, or the
settlors and the trustees of which consist of Eligible Employees or
Eligible Employees together with Immediate Family Members (``Eligible
Investment Vehicles''). To qualify as an Eligible Investor with respect
to an

Investment Fund, each Eligible Employee and Immediate Family Member
must, if purchasing an Interest from an Investment Fund or from a
Member, be an ``accredited investor'' as that term is defined in Rule
501(a)(5) or Rule 501(a)(6) of Regulation D under the Securities Act
except that a maximum of 35 Eligible Employees who are sophisticated
investors but who are not accredited investors may become investors in
an Investment Fund if each of them falls into one of the following
categories: (i) An Eligible Employee who (a) has a graduate degree in
business, law or accounting, (b) has a minimum of five years of
consulting, investment management, investment banking, legal or similar
business experience, and (c) had reportable income from all sources
(including any profit shares or bonus) of $100,000 in each of the two
most recent years immediately preceding the Eligible Employee's
admission as an investor of the Investment Fund and has a reasonable
expectation of income from all sources of at least $140,000 in each
year in which the Eligible Employee will be committed to make
investments in the Investment Fund; or (ii) Eligible Employees who are
``knowledgeable employees'' as defined in Rule 3c-5 under the 1940 Act,
of the Investment Fund (with the Investment Fund treated as though it
were a ``covered company'' for purposes of the rule).\3\
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    \2\ In order to ensure that a close nexus between the Eligible
Investors and BCG is maintained, the terms of each governing
document for an Investment Fund will provide that any Immediate
Family Member participating in such Investment Fund (either through
direct beneficial ownership of an interest or as an indirect
beneficial owner through an Eligible Investment Vehicle) cannot, in
any event, be more than two generations removed from an Eligible
Employee.
    \3\ An Eligible Employee described in clause (i) above will only
be permitted to invest in an Investment Fund if such individual
represents and warrants that he or she will not commit in any year
more than 10% of his or her income from all sources for the
immediately preceding year, in the aggregate, in an Investment Fund
and in all other Investment Funds in which that investor has
previously invested.
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    BCG or any BCG Entity that acquires Interests in an Investment Fund
will be an accredited investor. An Eligible Investment Vehicle may
purchase an Interest from an Investment Fund or from a Member only if
either (i) the investment vehicle is an ``accredited investor'', as
defined in Rule 501(a) of Regulation D under the Securities Act or (ii)
the Eligible Employee is a settlor \4\ and principal investment
decision-maker with respect to the investment vehicle. Eligible
Investment Vehicles that are not accredited investors will be counted
in accordance with Regulation D toward the 35 non-accredited investor
limit discussed above. Prior to offering Interests to an Eligible
Employee or Immediate Family Member, the General Partner must
reasonably believe that the Eligible Employee or Immediate Family
Member is a sophisticated investor capable of understanding and
evaluating the risks of participating in the Investment Fund without
the benefit of regulatory safeguards. The General Partner may impose
more restrictive standards for Eligible Investors in its discretion.
The beneficial owners of an Eligible Investment Vehicle will be persons
eligible to hold interests in employees' securities companies as
defined in section 2(a)(13) of the Act.
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    \4\ If an Eligible Investment Vehicle is an entity or
arrangement other than a trust, (a) the reference to ``settlor''
shall be construed to mean a person who created the vehicle or
arrangement, alone or together with others, and also contributed
funds or other assets to the vehicle, and (b) the reference to
``trustee'' shall be construed to mean a person who performs
functions similar to those of a trustee of a trust.
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    5. An Investment Fund will be managed by its general partner
(``General Partner''). The General Partner of the Existing Fund is a
limited liability company. The General Partner will be wholly owned by
BCG and will be managed by BCG through its executive committee and/or
such other committee to be formed for such purpose (``Investment
Committee''). The Investment Committee will be comprised of senior
professionals of BCG. The chief function of the Investment Committee
will be to review and select Investments for an Investment Fund (or a
series thereof) from time to time. The General Partner will register as
an investment adviser under the Investment Advisers Act of 1940 (the
``Advisers Act''), if such registration is required under the Advisers
Act and the rules thereunder.
    6. Administration of each Investment Fund will be vested in the
General Partner. The General Partner may determine to delegate
administrative activities to a third-party administrator. If a third-
party administrator is retained by the General Partner, the
administrator will not recommend Investments or exercise investment
discretion. The only functions of the administrator will be
ministerial.
    7. The specific investment objectives and strategies for an
Investment Fund will be set forth in an informative memorandum relating
to the Interests being offered, and in the relevant Investment Fund
Agreement, and each Eligible Investor will receive a copy of the
informative memorandum and Investment Fund Agreement before making an
investment in the Investment Fund. The terms of an Investment Fund will
be disclosed to each Eligible Investor at the time the investor is
invited to participate in the Investment Fund.
    8. The value of the Members' capital accounts will be determined at
such times as the General Partner deems appropriate or necessary;
however, such valuation will be done at least annually at the
Investment Fund's fiscal year-end. The General Partner will value the
assets held by an Investment Fund at the current market price (closing
price) in the case of marketable securities. All other securities or
assets will be valued by the General Partner in good faith at fair
value.
    9. Each Investment Fund will generally bear its own expenses. BCG
or a BCG Entity, as applicable, may be reimbursed by an Investment Fund
for reasonable and necessary out-of-pocket costs directly associated
with the organization and operation of the Investment Fund, including
administrative expenses. There will be no allocation of any of BCG's
operating expenses to the Investment Funds. Some of the investment
opportunities available to an Investment Fund may involve parties for
which BCG was, is or will be retained to act as management consultants,
and BCG may be paid by such parties for management consulting services
and for related disbursements and charges. These amounts paid to BCG
will not be paid by an Investment Fund itself but by the entities in
which an Investment Fund invests or their sponsors. No management fee
or other compensation will be paid by an Investment Fund or the Members
to the Investment Committee, any member of the Investment Committee, or
the General Partner. Also, no fee of any kind will be charged in
connection with the sale of Interests in an Investment Fund.
    10. Within 120 days after the end of its fiscal year, or as soon as
practicable thereafter, each Investment Fund will send its Members an
annual report regarding its operations. The annual report of the
Investment Fund will contain financial statements audited by an
independent accounting firm. For purposes of this requirement,
``audit'' has the meaning defined in rule 1-02(d) of Regulation S-X.
The Investment Fund will maintain a file containing any financial
statements and other information received from the issuers of the
Investments held by the Investment Fund, and will make such file
available for inspection by its Members in accordance with its
Investment Fund Agreement. Each Investment Fund, within 90 days or as
soon as practicable after the end of each fiscal year of the Investment
Fund, will transmit a report to each Member setting out information
with respect to that Member's distributive share of income, gains,
losses, credits and other items for U.S. federal income tax purposes,
resulting from the operation of the Investment Fund during that year.
    11. Members will not be entitled to redeem their Interests in a
closed-end

Investment Fund. A Member will be permitted to transfer his or her
Interest only with the express consent of the General Partner, which
may be withheld in the discretion of the General Partner, and then only
to BCG, a BCG Entity or an Eligible Investor. A Member will not be
subject to removal except for good cause as determined by the General
Partner, or if the General Partner, in its discretion, deems such
withdrawal to be in the best interest of the Investment Fund. The
Interests of a Member who is no longer eligible to own interests in an
employees' securities company as defined in section 2(a)(13) of the Act
will be repurchased, subject to the minimum payment provisions
described below. The General Partner does not currently intend to
require any Member to withdraw.\5\ Upon withdrawal or sale of a
Member's Interest, the Investment Fund or purchaser will at a minimum
pay to the Member the lesser of: (a) The amount of such Member's
capital contributions plus interest (calculated at a rate determined by
the General Partner to be reasonably comparable to interest earned by
the Investment Fund on temporary investments) less prior distributions;
and (b) the fair market value of the Interest as determined at the time
of such withdrawal or sale in good faith by the General Partner. If a
Member ceases to be a partner or employee of BCG or any BCG Entity,
such Member may continue to be a Member of the Investment Fund,
although with the consent of the General Partner such Member may be
permitted to reduce the unfunded portion of his or her Capital
Commitment (as defined below), assign his or her Interest to other
Eligible Investors and/or be paid for his or her Interest as described
above. The terms of any purchase will apply equally to any Immediate
Family Member of, or Eligible Investment Vehicle related to, an
Eligible Employee.
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    \5\ The following circumstances, among others, could warrant the
withdrawal of a Member or sale of a Member's Interests to another
Eligible Investor: If a Member who is an Eligible Employee ceases to
be a partner or employee of BCG (including as a result of such
Eligible Employee's death, disability, termination, retirement or
withdrawal), an Immediate Family Member's or Eligible Investment
Vehicle's related Eligible Employee ceases to be a partner or
employee of BCG (including as a result of such Eligible employee's
death, disability, termination, retirement or withdrawal), adverse
tax consequences were to inure to the Investment Fund, the General
Partner or any Member were a particular Member to remain, or a
situation in which the continued membership of the Member would
violate applicable law or regulations.
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    12. Each Member will commit to contribute a fixed amount of capital
to an Investment Fund (``Capital Commitment'').\6\ The terms and
conditions relating to Capital Commitments and Capital Contributions
will be fully disclosed to Eligible Investors prior to the acceptance
of their subscription documents. To provide flexibility in connection
with an Investment Fund's obligation to contribute capital to fund an
Investment, and the associated obligation of the Members to make
capital contributions with respect to their Capital Commitments, an
Investment Fund Agreement may provide that the Investment Fund may
engage in borrowings in connection with such funding of Investments.
Any borrowings by an Investment Fund with respect to the funding of
Investments will be non-recourse to the Members,\7\ but may be secured
by a pledge of the Members' respective capital accounts and unfunded
Capital Commitments. An Investment Fund will not borrow from any person
that is not a BCG Entity if the borrowing would cause any person not
named in section 2(a)(13) of the Act to own any outstanding securities
of the Investment Fund (other than short-term paper). If BCG or a BCG
Entity makes a loan to an Investment Fund, it (as lender) will be
entitled to receive interest, provided that the rate will be no less
favorable to the borrower than the rate that could be obtained on an
arm's length basis. An Investment Fund will not lend any funds to BCG
or a BCG Entity. If BCG or a BCG Entity extends a loan to an Eligible
Investor in respect of any Investment Fund, the loan will be made at an
interest rate no less favorable than that which could be obtained on an
arm's length basis. Loans will not be extended or arranged if otherwise
prohibited by law, including the Sarbanes-Oxley Act of 2002.
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    \6\ Eligible Investors may be offered the opportunity to borrow
funds from BCG to acquire Interests and/or to fund Capital
Contributions. Any such loans will be interest-bearing and may be on
a recourse or non-recourse basis, and may be secured by a pledge of
equity in a BCG Entity, including the Interests.
    \7\ This excludes indebtedness incurred specifically on behalf
of a Member where the Member has agreed to guarantee the loan or to
act as co-obligor on the loan.
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    13. An Investment Fund will not acquire any security issued by a
registered investment company if immediately after the acquisition the
Investment Fund would own more than 3% of the total outstanding voting
stock of the registered investment company.

Applicants' Legal Analysis

    1. Section 6(b) of the Act provides, in part, that the Commission
will exempt employees' securities companies from the provisions of the
Act to the extent that the exemption is consistent with the protection
of investors. Section 6(b) provides that the Commission will consider,
in determining the provisions of the Act from which the company should
be exempt, the company's form of organization and capital structure,
the persons owning and controlling its securities, the price of the
company's securities and the amount of any sales load, the disposition
of the proceeds of any sales of the company's securities, how the
company's funds are invested, and the relationship between the company
and the issuers of the securities in which it invests. Section 2(a)(13)
defines an employees' securities company as any investment company all
of whose securities (other than short-term paper) are beneficially
owned (a) by current or former employees, or persons on retainer, of
one or more affiliated employers, (b) by immediate family members of
such persons, or (c) by such employer or employers together with any of
the persons in (a) or (b).
    2. Section 7 of the Act generally prohibits investment companies
that are not registered under section 8 of the Act from selling or
redeeming their securities. Section 6(e) of the Act provides that, in
connection with any order exempting an investment company from any
provision of section 7, certain provisions of the Act, as specified by
the Commission, will be applicable to the company and other persons
dealing with the company as though the company were registered under
the Act. Applicants request an order under sections 6(b) and 6(e) of
the Act exempting applicants from all provisions of the Act, except
sections 9, 17, 30, 36 through 53, and the Rules and Regulations. With
respect to sections 17(a), (d), (f), (g) and (j) and 30(a), (b), (e)
and (h) of the Act and the Rules and Regulations, and rule 38a-1 under
the Act, applicants request a limited exemption as set forth in the
application.
    3. Section 17(a) of the Act generally prohibits any affiliated
person of a registered investment company, or any affiliated person of
an affiliated person, acting as principal, from knowingly selling or
purchasing any security or other property to or from the company.
Applicants request an exemption from section 17(a) to (a) permit a BCG
Entity (or any affiliated person of such BCG Entity), or any affiliated
person (as defined in section 2(a)(3) of the Act) of an Investment Fund
(``First-Tier Affiliates'') or affiliated persons of such persons
(``Second-Tier Affiliates,'' and together with First-Tier Affiliates,
``Affiliates''), acting as principal, to engage in any transaction
directly or

indirectly with any Investment Fund or any company controlled by such
Investment Fund; and (b) permit an Investment Fund to invest in or
engage in any transaction with any BCG Entity, acting as principal, (i)
in which such Investment Fund, any company controlled by such
Investment Fund or any BCG Entity has invested or will invest, or (ii)
with which such Investment Fund, any company controlled by such
Investment Fund or any BCG Entity is or will become otherwise
affiliated. The transactions to which any Investment Fund is a party
will be effected only after a determination by the General Partner that
the requirements of Conditions 1, 2 and 3 in ``Conditions'' (set forth
below) have been satisfied. Applicants, on behalf of the Investment
Funds, represent that any transactions otherwise subject to section
17(a) of the Act, for which exemptive relief has not been requested,
would require approval of the Commission.
    4. Applicants submit that the exemptions sought from section 17(a)
are consistent with the purposes of the Act and the protection of
investors. Applicants state that the Members will be informed in an
Investment Fund's offering materials of the possible extent of the
dealings by such Investment Fund and any portfolio company with BCG,
any BCG Entity or any affiliated person thereof. Applicants also state
that, as experienced professionals acting on behalf of financial
services businesses, the Members will be able to evaluate the risks
associated with such dealings. Applicants assert that the community of
interest among the General Partner, the Members, BCG and the BCG
Entities will serve to reduce the risk of abuse in transactions
involving an Investment Fund and BCG, any BCG Entity or any affiliated
person thereof.
    5. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
any affiliated person of a registered investment company, or any
affiliated person of such person, acting as principal, from
participating in any joint arrangement with the registered investment
company unless authorized by the Commission. Applicants request an
exemption from section 17(d) and rule 17d-1 to the extent necessary to
permit an Investment Fund to engage in transactions in which an
Affiliate participates as a joint or a joint and several participants
with such Investment Fund.
    6. Joint transactions in which an Investment Fund could participate
might include the following: (a) A joint investment by one or more
Investment Funds in a security in which BCG or a BCG Entity, or another
Investment Fund, is a joint participant or plans to become a
participant; (b) a joint investment by one or more Investment Funds in
another Investment Fund; and (c) a joint investment by one or more
Investment Funds in a security in which an Affiliate is an investor or
plans to become an investor, including situations in which an Affiliate
has a partnership or other interest in, or compensation arrangements
with, such issuer, sponsor or offeror.
    7. Applicants assert that compliance with section 17(d) and rule
17d-1 would cause an Investment Fund to forego investment opportunities
simply because a Member, BCG, a BCG Entity or other affiliated persons
of the Investment Fund, BCG or the BCG Entities also had, or
contemplated making, a similar investment. In addition, because
attractive investment opportunities of the types considered by an
Investment Fund often require that each participant make available
funds in an amount that may be substantially greater than that
available to the investor alone, there may be certain attractive
opportunities of which an Investment Fund may be unable to take
advantage except as a co-participant with other persons, including
Affiliates. Applicants believe that the flexibility to structure co-
and joint investments in the manner described above will not involve
abuses of the type section 17(d) and rule 17d-1 were designed to
prevent. Applicants acknowledge that any transactions subject to
section 17(d) and rule 17d-1 for which exemptive relief has not been
requested in the application would require specific approval by the
Commission.
    8. Section 17(f) of the Act designates the entities that may act as
investment company custodians, and rule 17f-2 under the Act allows an
investment company to act as self-custodian. Applicants request an
exemption to permit the following exceptions from the requirements of
rule 17f-2: (i) Compliance with paragraph (b) of the rule may be
achieved through safekeeping in the locked files of BCG or a BCG
partner; (ii) for the purposes of the rule, (A) employees of BCG or a
BCG Entity will be deemed employees of the Investment Funds, (B)
officers and members of the Managing Member and members of the
Investment Committee will be deemed to be officers of such Investment
Funds, and (C) officers and members of the Managing Member and members
of the Investment Committee will be deemed to be the board of directors
of such Investment Funds; and (iii) instead of the verification
procedure under paragraph (f) of the rule, verification will be
effected quarterly by two employees, each of whom shall have sufficient
knowledge, sophistication and experience in business matters to perform
such examination. Applicants expect that most of the Investments will
be evidenced by partnership agreements or similar documents. Such
instruments are most suitably kept in BCG's files, where they can be
referred to as necessary. Applicants will comply with all other
provisions of rule 17f-2.
    9. Section 17(g) and rule 17g-1 generally require the bonding of
officers and employees of a registered investment company who have
access to its securities or funds. Rule 17g-1 requires that a majority
of directors who are not interested persons of a registered investment
company (``disinterested directors'') take certain actions and give
certain approvals relating to fidelity bonding. Applicants request an
exemption from the requirement, contained in rule 17g-1, that a
majority of the ``directors'' of the Investment Funds who are not
``interested persons'' of the respective Investment Funds (as defined
in the Act) take certain actions and make certain approvals concerning
bonding and request instead that such actions and approvals be taken by
the Managing Members, regardless of whether any of them is deemed to be
an interested person of the Investment Funds. Each Managing Member will
be an interested person of the Investment Funds.
    10. The Investment Funds request an exemption from the requirements
of rule 17g-1(g) and (h) relating to the filing of copies of fidelity
bonds and related information with the Commission and relating to the
provisions of notices to the board of directors. Applicants also
request an exemption from the requirements of rule 17g-1(j)(3) that the
Investment Funds have a majority of disinterested directors, that those
disinterested directors select and nominate any other disinterested
directors, and that any legal counsel for those disinterested directors
be independent legal counsel. Applicants believe that the filing
requirements of rule 17g-1 are burdensome and unnecessary as applied to
the Investment Funds. The General Partner will maintain the materials
otherwise required to be filed with the Commission by rule 17g-1(g) and
the applicants agree that all such material will be subject to
examination by the Commission and its staff. The General Partner will
designate a person to maintain the records otherwise required to be
filed with the Commission under paragraph (g) of the rule. The

Investment Funds will comply with all other requirements of rule 17g-1.
The fidelity bond of the Investment Funds will cover the Investment
Committee, the General Partner and all employees of BCG or any BCG
Entity who have access to the securities or funds of the Investment
Funds.
    11. Applicants request an exemption from the requirements,
contained in section 17(j) of the Act and rule 17j-1 under the Act,
that every registered investment company adopt a written code of ethics
and every ``access person'' of such registered investment company
report to the investment company with respect to transactions in any
security in which such access person has, or by reason of the
transaction acquires, any direct or indirect beneficial ownership in
the security. Applicants request an exemption from the requirements in
rule 17j-1, with the exception of rule 17j-1(b), because they are
burdensome and unnecessary as applied to the Investment Funds and
because the exemption is consistent with the policy of the Act.
Requiring the Investment Funds to adopt a written code of ethics and
requiring access persons to report each of their securities
transactions would be time-consuming and expensive and would serve
little purpose in light of, among other things, the community of
interest among the Members of the Investment Fund and the General
Partner by virtue of their common association with BCG or a BCG Entity.
Accordingly, the requested exemption is consistent with the purposes of
the Act because the dangers against which section 17(j) and rule 17j-1
are intended to guard are not present in the case of the Investment
Funds.
    12. Applicants request an exemption from the requirements in
sections 30(a), 30(b), and 30(e) of the Act, and the Rules and
Regulations under those sections, that registered investment companies
prepare and file with the Commission and mail to their shareholders
certain periodic reports and financial statements. Applicants contend
that the forms prescribed by the Commission for periodic reports have
little relevance to the Investment Funds and would entail
administrative and legal costs that outweigh any benefit to the
Members. Applicants request exemptive relief to the extent necessary to
permit the Investment Funds to report annually to their Members.
Applicants also request an exemption from section 30(h) of the Act to
the extent necessary to exempt the General Partner, any 10 percent
shareholder, and any other person who may be deemed to be an officer,
director, member of an advisory board, or otherwise subject to section
30(h), from filing Forms 3, 4 and 5 under section 16 of the Securities
Exchange Act of 1934 (``Exchange Act'') with respect to their ownership
of Interests in the Investment Funds. Applicants assert that, because
there is no trading market for Interests and the transfer of Interests
is severely restricted, these filings are unnecessary for the
protection of investors and burdensome to those required to make them.
    13. Rule 38a-1 requires investment companies to adopt, implement
and periodically review written policies reasonably designed to prevent
violation of the federal securities laws and to appoint a chief
compliance officer. Each Investment Fund will comply with rule 38a-
1(a), (c) and (d), except that (i) the members of the Investment
Committee of each Investment Fund will fulfill the responsibilities
assigned to the board of directors under the rule, and (ii) because all
members of the Investment Committee would be considered interested
persons of the Investment Funds, approval by a majority of the
disinterested board members required by rule 38a-1 will not be
obtained. In addition, the Investment Funds will comply with the
requirement in rule 38a-1(a)(4)(iv) that the chief compliance officer
meet with the disinterested directors by having the chief compliance
officer meet with the members of the Investment Committee. Applicants
represent that each Investment Fund will adopt the written policies and
procedures reasonably designed to prevent violations of the terms and
conditions of the application, has appointed a chief compliance officer
and is otherwise in compliance with the terms and conditions of the
application.

Applicants' Conditions

    The applicants agree that any order granting the requested relief
will be subject to the following conditions:
    1. Each proposed transaction, to which an Investment Fund is a
party, otherwise prohibited by section 17(a) or section 17(d) and rule
17d-1 (the ``Section 17 Transactions'') will be effected only if the
Investment Committee determines that: (a) The terms of the Section 17
Transaction, including the consideration to be paid or received, are
fair and reasonable to Members of the Investment Fund and do not
involve overreaching of the Investment Fund or its Members on the part
of any person concerned; and (b) the Section 17 Transaction is
consistent with the interests of the Members of the Investment Fund,
the Investment Fund's organizational documents and the Investment
Fund's reports to its Members.
    In addition, the Investment Committee will record and preserve a
description of such Section 17 Transactions, the findings of the
Investment Committee, the information or materials upon which their
findings are based and the basis therefor. All such records will be
maintained for the life of the Investment Fund and at least six years
thereafter, and will be subject to examination by the Commission and
its staff. All such records will be maintained in an easily accessible
place for at least the first two years.
    2. If purchases or sales are made by an Investment Fund from or to
an entity affiliated with the Investment Fund by reason of a member of
the Investment Committee (a) serving as an officer, director, general
partner or investment adviser of the entity, or (b) having a 5% or more
investment in the entity, such individual will not participate in the
Investment Fund's determination of whether or not to effect the
purchase or sale.
    3. The Investment Committee will adopt, and periodically review and
update, procedures designed to ensure that reasonable inquiry is made,
prior to the consummation of any Section 17 Transaction, with respect
to the possible involvement in the transaction of any affiliated person
or promoter of or principal underwriter for the Investment Fund, or any
affiliated person of such a person, promoter, or principal underwriter.
    4. The Investment Committee will not purchase for an Investment
Fund any Investment in which a Co-Investor, as defined below, has or
proposes to acquire the same class of securities of the same issuer,
where the investment involves a joint enterprise or other joint
arrangement within the meaning of rule 17d-1 in which the Investment
Fund and the Co-Investor are participants, unless any such Co-Investor,
prior to disposing of all or part of its investment: (a) Gives the
Investment Fund holding such investment sufficient, but not less than
one day's notice of its intent to dispose of its investment, and (b)
refrains from disposing of its investment unless the Investment Fund
holding such investment has the opportunity to dispose of its
investment prior to or concurrently with, on the same terms as, and on
a pro rata basis with the Co-Investor. The term ``Co-Investor'' with
respect to an Investment Fund means any person who is: (a) An
affiliated person of the Investment Fund; (b) BCG and any BCG Entity;
(c) a current or former partner or key administrative employee of BCG
or a BCG Entity; (d)

a company in which a member of the Investment Committee, BCG or a BCG
Entity acts as an officer, director, or general partner, or has a
similar capacity to control the sale or disposition of the company's
securities; or (e) an investment vehicle offered, sponsored, or managed
by BCG or an affiliated person of BCG.
    The restrictions contained in this condition, however, shall not be
deemed to limit or prevent the disposition of an investment by a Co-
Investor: (a) To its direct or indirect wholly-owned subsidiary, to any
company (a ``Parent'') of which the Co-Investor is a direct or indirect
wholly-owned subsidiary, or to a direct or indirect wholly-owned
subsidiary of its Parent; (b) to immediate family members of the Co-
Investor or a trust established for the benefit of any such family
member; (c) when the investment is comprised of securities that are
listed on a national securities exchange registered under section 6 of
the Exchange Act; (d) when the investment is comprised of securities
that are national market system (``NMS'') stocks pursuant to section
11A(a)(2) of the Exchange Act and rule 600(a) of Regulation NMS
thereunder; (e) when the investment is comprised of securities that are
listed on or traded on any foreign securities exchange or board of
trade that satisfies regulatory requirements under the law of the
jurisdiction in which such foreign securities exchange or board of
trade is organized similar to those that apply to a national securities
exchange or a national market system of securities; or (f) when the
investment is comprised of securities that are government securities as
defined in section 2(a)(16) of the Act.
    5. An Investment Fund will send, within 120 days after the end of
its fiscal year, or as soon as practicable thereafter, to each Member
who had an interest in the Investment Fund at any time during the
fiscal year then ended, reports and information regarding the
Investments, including financial statements for such Investment Fund
audited by an independent accounting firm. The Investment Committee
will make a valuation or have a valuation made of all of the assets of
an Investment Fund as of each fiscal year end. In addition, within 90
days after the end of each fiscal year of the Investment Fund or as
soon as practicable thereafter, the Investment Fund shall send a report
to each person who was a Member at any time during the fiscal year then
ended, setting forth such tax information as shall be necessary for the
preparation by the Member of his or her federal and state income tax
returns and a report of the investment activities of the Investment
Fund during such year.
    6. An Investment Fund will maintain and preserve, for the life of
the Investment Fund and at least six years thereafter, such accounts,
books, and other documents as constitute the record forming the basis
for the audited financial statements and annual reports of the
Investment Fund to be provided to its Members, and agrees that all such
records will be subject to examination by the Commission and its staff.
All such records will be maintained in an easily accessible place for
at least the first two years.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-13893 Filed 6-30-17; 8:45 am]
 BILLING CODE P


[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Notices]
[Pages 4799-4800]
[FR Doc No: 2014-01718]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Aircraft Certification Service (AIR) Reorganization/Merger
Announcement

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: This action gives notice to the American public and aviation
industry of the FAA's Aviation Safety Office's (AVS), Aircraft
Certification Service (AIR) reorganization/merger. The Aircraft
Engineering Division (AIR-100) and Production and Airworthiness
Division (AIR-200) are merging to become the Design, Manufacturing, and
Airworthiness Division, AIR-100. The new AIR-100 Division is divided
into five branches, Certification and Procedures Branch (AIR-110),
Technical and Administrative Support Branch (AIR-120), Systems and
Equipment Standards Branch (AIR-130), Operational Oversight Policy
Branch (AIR-140), and System Performance and Development Branch (AIR-
150).

DATES: Effective date, February 9, 2014.
    Responsibilities: The current Aircraft Engineering Division
responsibilities

include developing and standardizing regulations, national directives,
policy, procedures, and advisory material for continued operational
safety, type certification, design approval, and for authorization and
oversight of Designated Representatives of the Administrator for civil
aeronautical products. The current Production and Airworthiness
Division responsibilities include developing and issuing regulations,
national directives, policy, and procedures for continued operational
safety, production and airworthiness certification and approvals, and
certain Designated Representatives of the Administrator. Those combined
responsibilities will remain intact in the newly established Design,
Manufacturing, and Airworthiness Division.
    Policy Documents: All Aircraft Engineering Division and Production
and Airworthiness Division previously issued Advisory Circulars,
Orders, Notices, and guidance will remain in effect until revised,
changed, or deleted. The documents will be reviewed and modified
according to priority.
    Additional Information: Please contact the Engineering,
Manufacturing, and Airworthiness Division (AIR-100) by phone on 202-
285-6348 or by email at<EMAIL_ADDRESS>For a further breakdown
of the Division and physical addresses view http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/air/hq/.

    Issued in Washington, DC, on January 23, 2014.
Frank P. Paskiewicz,
Deputy Director, Aircraft Certification Service.
[FR Doc. 2014-01718 Filed 1-28-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Rules and Regulations]
[Page 36111-36112]
[DOCID:fr22jy09-5]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 520 and 524

[Docket No. FDA-2009-N-0665]

New Animal Drugs; Change of Sponsor

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect a change of sponsor for three new animal
drug applications (NADAs) and one abbreviated new animal drug
application (ANADA) from Virbac AH, Inc., to Cross Vetpharm Group Ltd.

DATES: This rule is effective July 22, 2009.

FOR FURTHER INFORMATION CONTACT: David R. Newkirk, Center for
Veterinary Medicine (HFV-100), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Virbac AH, Inc., 3200 Meacham Blvd., Ft.

Worth, TX 76137, has informed FDA that it has transferred ownership of,
and all rights and interest in, the following three approved NADAs and
one approved ANADA to Cross Vetpharm Group Ltd., Broomhill Rd.,
Tallaght, Dublin 24, Ireland:

------------------------------------------------------------------------
   Application No.
    (NADA/ANADA)         21 CFR Section             Product Name
------------------------------------------------------------------------
007-076               520.2325a             Sulfa-Nox (sulfaquinoxaline)
                                             Liquid
008-244               520.2325a             Sulfa-Nox (sulfaquinoxaline)
                                             Concentrate
049-729               520.2261a             PURINA Sulfa
                                             (sulfamethazine)
200-318               524.1193              VIRBAMEC (ivermectin) Pour-
                                             On
------------------------------------------------------------------------

    Accordingly, the agency is amending the regulations in 21 CFR
520.2261a, 520.2325a, and 524.1193 to reflect the transfer of
ownership.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Parts 520 and 524

    Animal drugs.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 520 and
524 are amended as follows:

PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 520 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

Sec.  520.2261a  [Amended]

0
2. In paragraph (a) of Sec.  520.2261a, remove ``051311 and 053501''
and in its place add ``053501 and 061623''.

Sec.  520.2325a  [Amended]

0
3. In paragraph (a)(2) of Sec.  520.2325a, remove ``051311'' and in its
place add ``061623''.

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

0
4. The authority citation for 21 CFR part 524 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

Sec.  524.1193  [Amended]

0
5. In paragraph (b) of Sec.  524.1193 remove ``051311'' and in
numerical sequence add ``061623''.

    Dated: July 14, 2009.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E9-17356 Filed 7-21-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Proposed Rules]
[Pages 29541-29544]
[FR Doc No: 2021-11513]

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

40 CFR Part 121

[EPA-HQ-OW-2021-0302; FRL-10023-97-OW]

Notice of Intention To Reconsider and Revise the Clean Water Act
Section 401 Certification Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent.

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SUMMARY: In accordance with Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis
(Executive Order 13990), the U.S. Environmental Protection Agency (EPA)
announces its intention to reconsider and revise the Clean Water Act
Section 401 Certification Rule. In addition, EPA will initiate a series
of stakeholder outreach sessions and invite written feedback on how to
revise the requirements for water quality certifications under the
Clean Water Act. EPA intends to revise the Clean Water Act Section 401
Certification Rule in a manner that is well informed by stakeholder
input on the rule's substantive and procedural components; is better
aligned with the cooperative federalism principles that have been
central to the effective implementation of the Clean Water Act; and is
responsive to the national objectives outlined in President Biden's
Executive Order 13990.

DATES: Written feedback must be received on or before August 2, 2021.

ADDRESSES: You may send written feedback, identified by Docket ID No.
EPA-HQ-OW-2021-0302, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
written feedback.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-HQ-OW-
2021-0302 in the subject line of the message.
    Instructions: All submissions received must include the Docket ID
Number. Written feedback received may be posted without change to
https://www.regulations.gov/, including any personal information
provided. Out of an abundance of caution for members of the public and
our staff, the EPA Docket Center and Reading Room are closed to the
public, with limited exceptions, to reduce the risk of transmitting
COVID-19. Our Docket Center staff will continue to provide remote
customer service via email, phone, and webform.

We encourage the public to submit written feedback via https://www.regulations.gov/ or email, as there may be a delay in processing
mail and faxes. Hand deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Lauren Kasparek, Oceans, Wetlands and
Communities Division, Office of Water (4502-T), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Clean Water Act (CWA) Section 401 provides
states \1\ and tribes \2\ with a powerful tool to protect the quality
of their waters from adverse impacts resulting from federally licensed
or permitted projects. Under CWA Section 401, a federal agency may not
issue a license or permit to conduct any activity that may result in
any discharge into navigable waters, unless the state or tribe where
the discharge would originate either issues a CWA Section 401 water
quality certification finding ``that any such discharge will comply
with the applicable provisions of Sections 301, 302, 303, 306, and
307'' of the CWA, or certification is waived. 33 U.S.C. 1341(a)(1).
When granting a CWA Section 401 certification, states and tribes are
directed by CWA Section 401(d) to include conditions, including
``effluent limitations and other limitations, and monitoring
requirements'' that are necessary to assure that the applicant for a
federal license or permit will comply with applicable provisions of CWA
Sections 301, 302, 306, and 307, and with ``any other appropriate
requirement of State law.'' Id. at 1341(d).
---------------------------------------------------------------------------

    \1\ The CWA defines ``state'' as ``a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands,
and the Trust Territory of the Pacific Islands.'' 33 U.S.C. 1362(3).
    \2\ Tribes refers to tribes that have been approved for
``treatment in a manner similar to a State'' status for CWA Section
401. See 33 U.S.C. 1377(e).
---------------------------------------------------------------------------

    EPA promulgated implementing regulations for water quality
certification (1971 regulation) \3\ prior to the 1972 amendments to the
Federal Water Pollution Control Act (commonly known as the Clean Water
Act or CWA), which created Section 401. In 2020, EPA revised these
regulations found at 40 CFR part 121. Clean Water Act Section 401
Certification Rule (``401 Certification Rule''), 85 FR 42210 (July 13,
2020).
---------------------------------------------------------------------------

    \3\ 36 FR 22487, November 25, 1971, redesignated at 37 FR 21441,
October 11, 1972, further redesignated at 44 FR 32899, June 7, 1979.
---------------------------------------------------------------------------

    On January 20, 2021, President Biden signed Executive Order 13990
directing federal agencies to review rules issued in the prior four
years that are, or may be, inconsistent with the policy stated in the
order. Protecting Public Health and the Environment and Restoring
Science to Tackle the Climate Crisis, Executive Order 13990, 86 FR 7037
(published January 25, 2021, signed January 20, 2021). The order
provides that ``[i]t is, therefore, the policy of my Administration to
listen to the science; to improve public health and protect our
environment; to ensure access to clean air and water; to limit exposure
to dangerous chemicals and pesticides; to hold polluters accountable,
including those who disproportionately harm communities of color and
low-income communities; to reduce greenhouse gas emissions; to bolster
resilience to the impacts of climate change; to restore and expand our
national treasures and monuments; and to prioritize both environmental
justice and the creation of the well-paying union jobs necessary to
deliver on these goals.'' Id. at 7037, Section 1. The order ``directs
all executive departments and agencies (agencies) to immediately review
and, as appropriate and consistent with applicable law, take action to
address the promulgation of Federal regulations and other actions
during the last 4 years that conflict with these important national
objectives, and to immediately commence work to confront the climate
crisis.'' Id. ``For any such actions identified by the agencies, the
heads of agencies shall, as appropriate and consistent with applicable
law, consider suspending, revising, or rescinding the agency actions.''
Id. at 7037, Section 2(a). The 401 Certification Rule was identified
for review under the Executive Order. See Fact Sheet: List of Agency
Actions for Review, available at https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-list-of-agency-actions-for-review/ (last visited on April 26, 2021).
    EPA has completed its initial review of the 401 Certification Rule
and determined that it will propose revisions to the rule through a new
rulemaking effort. The agency has considered the following factors in
making this determination, including but not limited to: The text of
CWA Section 401; Congressional intent and the cooperative federalism
framework of CWA Section 401; concerns raised by stakeholders about the
401 Certification Rule, including implementation related feedback; the
principles outlined in the Executive Order; and issues raised in
ongoing litigation challenges to the 401 Certification Rule. As
described below, the agency has identified substantial concerns with a
number of provisions of the 401 Certification Rule that relate to
cooperative federalism principles and CWA Section 401's goal of
ensuring that states are empowered to protect their water quality.
    Agencies have inherent authority to reconsider past decisions and
to revise, replace, or repeal a decision to the extent permitted by law
and supported by a reasoned explanation. FCC v. Fox Television
Stations, Inc., 556 U.S. 502, 515 (2009) (``Fox''); Motor Vehicle
Manufacturers Ass'n of the United States, Inc. v. State Farm Mutual
Automobile Insurance Co., 463 U.S. 29, 42 (1983) (``State Farm'').
Importantly, such a revised decision need not be based upon a change of
facts or circumstances. A revised decision based ``on a reevaluation of
which policy would be better in light of the facts'' is ``well within
an agency's discretion'' National Ass'n of Home Builders v. EPA, 682
F.3d 1032, 1038 (D.C. Cir. 2012) (citing Fox, 556 U.S. at 514-15).
    EPA does not intend to replace the 401 Certification Rule with the
1971 regulation. Instead, EPA plans to reconsider and revise the 401
Certification Rule consistent with the principles outlined in the
Executive Order and the agency's legal authority. Additionally, EPA
seeks to revise the rule in a manner that promotes efficiency and
certainty in the certification process, that is well-informed by
stakeholder input on the 401 Certification Rule's substantive and
procedural components, and that is consistent with the cooperative
federalism principles central to CWA Section 401.

Questions for Consideration

    The issues EPA intends to reconsider include, but are not limited
to, whether the rule appropriately considers cooperative federalism
principles central to CWA Section 401. EPA has substantial concerns
about whether portions of the rule impinge on those principles. EPA
also intends to reconsider whether certain procedural components of the
rule improve, or impede, the certification and licensing/permitting
processes. To assist in its development of a proposed revision, EPA is
considering specific provisions of the rule for potential revision. EPA
welcomes feedback related to key issues identified during
implementation of the 401 Certification Rule, including but not limited
to, the following:

    1. Pre-filing meeting requests. The rule requires project
proponents to submit a ``pre-filing meeting request'' to certifying
authorities at least 30 days prior to submitting a certification
request. 40 CFR 121.4. EPA is interested in the utility of the pre-
filing meeting process to date, including but not limited to, whether
the pre-filing meetings have improved or increased early stakeholder
engagement, whether the minimum 30 day timeframe should be shortened in
certain instances (e.g., where a certifying authority declines to hold
a pre-filing meeting), and how certifying authorities have approached
pre-filing meeting requests and meetings to date.
    2. Certification request. The rule defines a certification request
as ``a written, signed, and dated communication that satisfies the
requirements of [section] 121.5(b) or (c).'' Id. at 121.1(c). Among
other issues, EPA is concerned that the rule constrains what states and
tribes can require in certification requests, potentially limiting
state and tribal ability to get information they may need before the
CWA Section 401 review process begins. EPA is interested in stakeholder
input on this definition and the elements of a certification request
contained at 40 CFR 121.5, including but not limited to, the
sufficiency of the elements described in 40 CFR 121.5(b) and (c), and
whether stakeholders have experienced any process improvements or
deficiencies by having a single defined list of required certification
request components applicable to all certification actions.
    3. Reasonable period of time. CWA Section 401 requires a certifying
authority to act on a certification request within a defined time
period known as the ``reasonable period of time.'' The rule requires
the federal licensing or permitting agency to determine the reasonable
period of time using a series of factors, provided that the time does
not exceed one year from the date a certifying authority receives a
certification request. Id. at 121.6. Additionally, the rule allows
federal agencies to extend the reasonable period of time within that
one year time period at a certifying authority or project proponent's
request, but does not allow certifying authorities to take any other
action to extend or modify the reasonable period of time. Id. Among
other issues, EPA is concerned that the rule does not allow state and
tribal authorities a sufficient role in setting the timeline for
reviewing certification requests and limits the factors that federal
agencies may use to determine the reasonable period of time. EPA is
seeking stakeholder input on the process for determining and modifying
the reasonable period of time, including but not limited to, whether
additional factors should be considered by federal agencies when
setting the reasonable period of time, whether other stakeholders
besides federal agencies have a role in defining and extending the
reasonable period of time, and any implementation challenges or
improvements identified through application of the rule's requirements
for the reasonable period of time.
    4. Scope of certification. The rule limits the scope of
certification, which includes both the scope of certification review
under CWA Section 401(a) and the scope of certification conditions
under CWA Section 401(d), to ``assuring that a discharge from a
Federally licensed or permitted activity will comply with water quality
requirements.'' Id. at 121.3. The rule defines ``water quality
requirements,'' as the ``applicable provisions of [sections] 301, 302,
303, 306, and 307 of the Clean Water Act, and state or tribal
regulatory requirements for point source discharges into waters of the
United States.'' Id. at 121.1(n). Among other issues, EPA is concerned
that the rule's narrow scope of certification and conditions may
prevent state and tribal authorities from adequately protecting their
water quality. EPA is seeking stakeholder input on the rule's
interpretation of the scope of certification and certification
conditions, and the definition of ``water quality requirements'' as it
relates to the statutory phrase ``other appropriate requirements of
state law,'' including but not limited to, whether the agency should
revise its interpretation of scope to include potential impacts to
water quality not only from the ``discharge'' but also from the
``activity as a whole'' consistent with Supreme Court case law, whether
the agency should revise its interpretation of ``other appropriate
requirements of State law,'' and whether the agency should revise its
interpretation of scope of certification based on implementation
challenges or improvements identified through the application of the
newly defined scope of certification.
    5. Certification actions and federal agency review. The rule
provides that certifying authorities may take one of four actions on a
certification request, including granting certification, granting
certification with conditions, denying certification, or waiving
certification. See id. at 121.7, 121.9. The rule requires that
certifying authorities include specific information when granting
certification, granting certification with conditions or denying
certification. Id. at 121.7(c)-(e). Additionally, the rule requires
federal agencies to review certifying authority actions to determine
whether they comply with the procedural requirements of CWA Section 401
and the 401 Certification Rule. Id. at 121.9. Among other issues, EPA
is concerned that a federal agency's review may result in a state or
tribe's certification or conditions being permanently waived as a
result of nonsubstantive and easily fixed procedural concerns
identified by the federal agency. EPA is seeking stakeholder input on
the certification action process steps, including but not limited to,
whether there is any utility in requiring specific components and
information for certifications with conditions and denials, whether it
is appropriate for federal agencies to review certifying authority
actions for consistency with procedural requirements or any other
purpose, and if so, whether there should be greater certifying
authority engagement in the federal agency review process including an
opportunity to respond to and cure any deficiencies, whether federal
agencies should be able to deem a certification or conditions as
``waived,'' and whether, and under what circumstances, federal agencies
may reject state conditions.
    6. Enforcement. The rule provides that federal agencies are
responsible for enforcing certification conditions that are
incorporated into a federal license or permit. Id. at 121.11(c). The
rule does not provide a role for certifying authorities to enforce
certification conditions under federal law. Additionally, the rule
restates the statutory provision that provides certifying authorities
with the ability to inspect certified projects prior to their initial
operation. Id. at 121.11(a). EPA is interested in stakeholder feedback
on enforcement of CWA Section 401, including but not limited to, the
roles of federal agencies and certifying authorities in enforcing
certification conditions, whether the statutory language in CWA Section
401 supports certifying authority enforcement of certification
conditions under federal law, whether the CWA citizen suit provision
applies to Section 401, and the rule's interpretation of a certifying
authority's inspection opportunities.
    7. Modifications. The rule removed the 1971 regulation's provision
that allowed for modifications where agreed upon by the certifying
authority, federal agency, and EPA. See 85 FR 42220 (July 13, 2020).
Additionally, the rule prevents certifying authorities from extending
the reasonable period time

unilaterally, including but not limited to, the use of conditions
intended to reopen a certification (``reopeners''). Among other issues,
EPA is concerned that the rule's prohibition of modifications may limit
the flexibility of certifications and permits to adapt to changing
circumstances. EPA is interested in stakeholder feedback on
modifications and ``reopeners,'' including but not limited to, whether
the statutory language in CWA Section 401 supports modification of
certifications or ``reopeners,'' the utility of modifications (e.g.,
specific circumstances that may warrant modifications or
``reopeners''), and whether there are alternate solutions to the issues
that could be addressed by certification modifications or ``reopeners''
that can be accomplished through the federal licensing or permitting
process.
    8. Neighboring jurisdictions. The rule addresses the so-called
``neighboring jurisdiction'' process in CWA Section 401(a)(2),
including interpreting the timeframe in which a federal agency must
notify EPA for purposes of Section 401(a)(2) and providing process
requirements for the agency's analysis and the neighboring
jurisdictions' review and response. EPA is interested in stakeholder
feedback on the neighboring jurisdiction process, including but not
limited to, whether the agency should elaborate in regulatory text or
preamble on considerations informing its analysis under CWA Section
401(a)(2), whether the agency's decision whether to make a
determination under CWA Section 401(a)(2) is wholly discretionary, and
whether the agency should provide further guidance on the Section
401(a)(2) process that occurs after EPA makes a ``may affect''
determination.
    9. Data and other information. EPA is interested in receiving any
data or information from stakeholders about the application of the 401
Certification Rule, including but not limited to, impacts of the rule
on processing certification requests, impacts of the rule on
certification decisions, and whether any major projects are anticipated
in the next few years that could benefit from or be encumbered by the
401 Certification Rule's proceedural requirements. Additionally, EPA is
interested in stakeholder feedback about existing state CWA Section 401
procedures, including whether the agency should consider the extent to
which any revised rule might conflict with existing state CWA Section
401 procedures and place a burden on those states to revise rules in
the future.
    10. Implementation coordination. EPA is interested in hearing from
stakeholders about facilitiating implementation of any rule revisions.
For example, given the relationship between federal provisions and
state processes for water quality certification, should EPA consider
specific implementation timeframes or effective dates to allow for
adoption and integration of water quality provisions at the state
level. Similarly, EPA is interested in receiving feedback on whether
concomitant regulatory changes should be proposed and finalized
simultaneously by relevant federal agencies (e.g., the Army Corps of
Engineers, Federal Energy Regulatory Commission) so that implementation
of revised water certification provisions would be more effectively
coordinated and would avoid circumstances where regulations could be
interpreted as inconsistent with one another.

Outreach

    EPA is aware that CWA Section 401 and the 401 Certification Rule
are of interest to many states, tribes, federal agencies, project
proponents, and the public because of the relationship between water
quality certifications and federal licensing and permitting processes.
As a result, EPA wants to ensure that it has the opportunity to
consider stakeholder input prior to revising the 401 Certification
Rule. EPA intends to have multiple webinar-based listening sessions to
solicit feedback on potential approaches to revise the 401
Certification Rule. During these listening sessions, EPA will provide
background information on the prior rulemaking effort. Stakeholders
will have the opportunity to provide input to EPA on the topics
provided above and any other relevant information on the 401
Certification Rule for the agency's consideration. Information on the
listening session dates, times, and registration instructions will be
made available on EPA's website, located at https://www.epa.gov/cwa-401. Persons or organizations wishing to provide verbal input during a
listening session will be selected on a first-come, first-served basis,
with consideration given to hearing from different stakeholder groups.
Due to the expected number of participants, individuals will be asked
to limit their oral presentation to three minutes. Further instructions
on signing up and participating in listening sessions will be made
available on EPA's website above at a later date. Supporting materials
and written feedback from those who do not have an opportunity to speak
can be submitted to the docket as described above.

Michael S. Regan,
Administrator.
[FR Doc. 2021-11513 Filed 6-1-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Notices]
[Page 58550]
[FR Doc No: 2016-20492]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Sunshine Act Meetings; Unified Carrier Registration Plan Board of
Directors

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

ACTION: Notice of Unified Carrier Registration Plan Board of Directors
Meeting.

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TIME AND DATE:  One meeting will be held on September 7, 2016 from 2:00
p.m. until 5:00 p.m. Eastern Daylight Time. Another meeting will be
held on September 8, 2016 from 9:00 a.m. until 11:00 a.m. Eastern
Daylight Time.

PLACE:  The meetings will be open to the public at the Residence Inn
Washington, DC Downtown, 1199 Vermont Avenue NW., Washington, DC 20005,
and via conference call. Those not attending the meetings in person may
call 1-877-422-1931, passcode<PHONE_NUMBER>, to listen and participate in
the meetings.

STATUS:  Open to the public.

MATTERS TO BE CONSIDERED:  The Unified Carrier Registration Plan Board
of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement and to
that end, may consider matters properly before the Board.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at<PHONE_NUMBER>.

    Issued on: August 18, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-20492 Filed 8-23-16; 11:15 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Rules and Regulations]
[Pages 58114-58116]
[FR Doc No: 2011-24099]

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

40 CFR Part 52

[EPA-R03-OAR-2011-0288; FRL-9468-4]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Control of Particulate Matter Emissions From the
Operation of Outdoor Wood-Fired Boilers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. This SIP revision
pertains to the control of particulate matter emissions from the
operation of outdoor wood-fired boilers (OWBs). EPA is approving this
revision to reduce particular matter emissions from the operation of
outdoor wood-fired boilers in accordance with the requirements of the
Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on October 20,
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0288. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania

19103. Copies of the State submittal are available at the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On July 15, 2011 (76 FR 41742), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval for the control of particulate matter emissions from the
operation of OWBs. The formal SIP revision was submitted by the
Pennsylvania Department of the Environmental Protection (PADEP) on
October 20, 2010. No public comments were received on the NPR.

II. Summary of SIP Revision

    The SIP revision adds definitions and terms to Title 25 of the
Pennsylvania Code (25 Pa. Code) Chapter 121.1, relating to definitions,
used in the substantive provision of this SIP revision. In addition,
the SIP revision adds a new regulation to 25 Pa. Code Chapter 123
(Standards for Contaminants) Particulate Matter Emissions, Section
123.14 (Outdoor Wood-Fired Boilers). The emissions standard established
in this SIP revision is the Phase 2 emissions standard described in the
EPA voluntary OWB program. The SIP revision is also based on the
Northeast States for Coordinated Air Use Management (NESCAUM) model
rule.
    The new regulation (Section 123.14) applies to the following: (1)
To a person, manufacturer, supplier or distributor who sells, offers
for sale, leases or distributes an outdoor wood-fired boiler for use;
(2) a person who installs an outdoor wood-fired boiler; and (3) a
person who purchases, receives, leases, owns, uses or operate an
outdoor wood-fired boiler. The new regulation consists of the
following: (1) Exemptions for a non-Phase 2 OWB; (2) Phase 2 OWB
provisions; (3) setback requirements for new Phase 2 OWBs; (4) stack
height requirements for new Phase 2 OWBs; (5) allowed fuels; (6)
prohibited fuels; and (7) applicable laws and regulatory requirements.
Other specific requirements for the control of particulate matter
emissions from the operation of OWBs and the rationale for EPA's
proposed action are explained in the NPR and will not be restated here.

III. Final Action

    EPA is approving 25 Pa. Code Chapter 121.1, relating to definitions
used in the substantive provision of this SIP revision and the new
regulation pertaining to 25 Pa. Code Chapter 123 (Standards for
Contaminants) Particulate Matter Emissions, Section 123.14 (Outdoor
Wood-Fired Boilers) as revisions to the Pennsylvania SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 21, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, pertaining to Pennsylvania's control of
particulate matter emissions from the operation of outdoor wood-fired
boilers, may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.

    Dated: August 31, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec. 52.2020, the table in paragraph (c)(1) is amended by:
0
a. Revising entry for Section 121.1.
0
b. Adding entry for Section 123.14 after the existing entry for Section
123.13(a) through (c).
    The amendments read as follows:

Sec. 52.2020   Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                Additional
        State citation          Title/subject     State  effective      EPA approval date    explanation/  Sec.
                                                        date                                  52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                       Title 25--Environmental Protection
                                           Article III--Air Resources
                                         Chapter 121 General Provisions
----------------------------------------------------------------------------------------------------------------
Section 121.1................  Definitions....  12/18/10............  9/20/11 [Insert page  Added new
                                                                       number where the      definitions and
                                                                       document begins].     terms. The State
                                                                                effective date is
                                                                                10/2/10.

                                                 * * * * * * *
                                     Chapter 123--Standard for Contaminants
----------------------------------------------------------------------------------------------------------------

                                                 * * * * * * *
                                          Particulate Matter Emissions
----------------------------------------------------------------------------------------------------------------

                                                * * * * * * * * *
Section 123.14...............  Outdoor wood-    10/2/10.............  9/20/11 [Insert page  New section.
                                fired boilers.                         number where the
                                                                       document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
* * * * *
[FR Doc. 2011-24099 Filed 9-19-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51474-51476]
[FR Doc No: 2022-18103]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0067]

General Motors--Receipt of Petition for Temporary Exemption From
Various Requirements of the Federal Motor Vehicle Safety Standards for
an Automated Driving System-Equipped Vehicle; Request for Comments;
Extension of Comment Period

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Extension of comment period.

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

SUMMARY: NHTSA received five requests to extend the comment period for
a notice NHTSA published on July 21,

2022, seeking comment on NHTSA's receipt of a petition for temporary
exemption from General Motors (GM). GM's petition seeks a temporary
exemption from various requirements of the Federal motor vehicle safety
standards (FMVSS) for a vehicle equipped with an automated driving
system (ADS). In accordance with statutory and administrative
provisions, NHTSA published a notice announcing receipt of GM's
petition and seeking public comment. The comment period for the notice
was scheduled to end on August 22, 2022. NHTSA is extending the comment
period for the July 21, 2022 notice by 30 days.

DATES: The comment period for the notice published on July 21, 2022 at
87 FR 43959 is extended to September 21, 2022.

ADDRESSES: You may submit comments to the docket number identified in
the heading of this document 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, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
Eastern Time, Monday through Friday, except Federal holidays. To be
sure someone is there to help you, please call<PHONE_NUMBER> before
coming.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the agency name and
docket number. Note that all comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided. Please see the Privacy Act discussion below.
NHTSA will consider all comments received before the close of business
on the comment closing date indicated above. To the extent possible,
NHTSA will also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov at any time or to
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays. Telephone:<PHONE_NUMBER>.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, to www.regulations.gov, as
described in the system of records notice, DOT/ALL-14 FDMS, accessible
through www.dot.gov/privacy. In order to facilitate comment tracking
and response, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
    Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you must submit your
request directly to NHTSA's Office of the Chief Counsel. Requests for
confidentiality are governed by part 512. NHTSA is currently treating
electronic submission as an acceptable method for submitting
confidential business information to the agency under part 512. If you
would like to submit a request for confidential treatment, you may
email your submission to Dan Rabinovitz in the Office of the Chief
Counsel at [email protected] or you may contact Dan for a
secure file transfer link. At this time, you should not send a
duplicate hardcopy of your electronic CBI submissions to DOT
headquarters. If you claim that any of the information or documents
provided to the agency constitute confidential business information
within the meaning of 5 U.S.C. 552(b)(4), or are protected from
disclosure pursuant to 18 U.S.C. 1905, you must submit supporting
information together with the materials that are the subject of the
confidentiality request, in accordance with part 512, to the Office of
the Chief Counsel. Your request must include a cover letter setting
forth the information specified in our confidential business
information regulation (49 CFR 512.8) and a certificate, pursuant to
Sec.  512.4(b) and part 512, appendix A. In addition, you should submit
a copy, from which you have deleted the claimed confidential business
information, to the Docket at the address given above.

FOR FURTHER INFORMATION CONTACT: Callie Roach, Office of the Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590. Telephone:<PHONE_NUMBER>; Fax:
202-366-3820.

SUPPLEMENTARY INFORMATION: On July 21, 2022, in accordance with
statutory and administrative provisions, NHTSA published a notice
announcing receipt of a petition from GM seeking exemption from
portions of six FMVSS (87 FR 43595). GM's petition sought exemption
from portions of FMVSS No. 102; Transmission shift position sequence,
starter interlock, and transmission braking effect, FMVSS No. 104;
Windshield wiping and washing systems, FMVSS No. 108; Lamps, reflective
devices, and associated equipment, FMVSS No. 111; Rear visibility,
FMVSS No. 201; Occupant protection in interior impact, and FMVSS No.
208; Occupant crash protection. The notice sought public comment
regarding the merits of GM's exemption and on potential terms and
conditions that should be applied to the temporary exemption if
granted. The comment period for the notice is scheduled to end on
August 22, 2022.

Comment Period Extension Requests

    NHTSA received five requests to extend the comment period on the
notice by 60 days. NHTSA received a joint request from the Advocates
for Highway and Auto Safety and the Center for Auto Safety and
individual requests from the San Francisco Municipal Transportation
Agency (SFMTA), the City of Oakland Department of Transportation
(OakDOT), the National Association of City Transportation Officials
(NACTO), and the League of American Bicyclists.
    The Advocates for Highway and Auto Safety and the Center for Auto
Safety submitted a joint letter on August 4, 2022, requesting a 60-day
extension of the comment period. The requestors state that the novel
petition at issue raises numerous complex technical and policy issues
involving vehicle safety that necessitate significant analysis. The
requesters further state that extending the comment period will permit
them to provide NHTSA with comprehensive input on the many substantial
questions raised. The requestors state that extending the public
comment period is in the public interest and will provide the public
with sufficient time to provide specific and thorough feedback to the
agency in a timely manner.\1\
---------------------------------------------------------------------------

    \1\ The requestors note that they are also seeking an extension
of the comment period for a notice regarding a part 555 petition
submitted by Ford Motor Company (Ford) that was published on the
same day as the GM notice and that also has a comment period that
ends on August 22, 2022. NHTSA will address this request separately.
---------------------------------------------------------------------------

    SFMTA submitted a letter on August 8, 2022, requesting a 60-day
extension of the comment period. SFMTA's

request like the joint requesters', states that the petition raises
numerous complex technical and policy issues involving vehicle safety
that necessitate significant analysis. SFMTA also states that extending
the comment period will permit them to provide comprehensive input on
the many substantial questions raised. Further, SFMTA notes that, as
the City of San Francisco is the location with the most intensive
testing of automated vehicles to date, including the locus of GM's
testing, they have valuable insights to offer and stand to be
significantly affected by the outcome of the petition.\2\
---------------------------------------------------------------------------

    \2\ SFMTA also notes that they are also seeking an extension of
the comment period for a notice regarding a part 555 petition
submitted by Ford Motor Company (Ford) that was published on the
same day as the GM notice and that also has a comment period that
ends on August 22, 2022. NHTSA will address this request separately.
---------------------------------------------------------------------------

    OakDOT submitted an email on August 10, 2022 requesting a 60-day
extension of the comment period.\3\ OakDOT stated that they do not
believe the comment period provides sufficient time for an adequate
response. OakDOT further stated that, as a local jurisdiction that is
charged with ensuring safety of their transportation system, they
request additional time to allow cities like theirs to fully assess
potential safety impacts and provide valuable comments.
---------------------------------------------------------------------------

    \3\ OakDOT's email also requested a 60-day extension of the
comment period for a notice regarding a part 555 petition submitted
by Ford Motor Company (Ford) that was published on the same day as
the GM notice and that also has a comment period that ends on August
22, 2022. NHTSA will address this request separately.
---------------------------------------------------------------------------

    Similar requests were also received from NACTO and the League of
American Bicyclists on August 10, 2022 and August 11, 2022,
respectively.

Agency Decision

    After consideration of the requests, NHTSA has decided to grant an
extension of the comment period. The agency has determined that an
extension is consistent with the public interest. NHTSA agrees that
allowing additional time for the public to provide comments would be in
the public interest. Therefore, NHTSA is granting the aforementioned
requests to extend the comment period; however, NHTSA is extending it
only for 30 days. A 30-day extension appropriately balances NHTSA's
interest in providing the public with sufficient time to comment on the
notice, with its interest to issue a final decision on the petition in
an expeditious manner.
    Authority: 49 U.S.C. 30113 and 30166; delegation of authority at 49
CFR 1.95.

    Issued in Washington, DC, under authority delegated in 49 CFR
1.95.
Steven S. Cliff,
Administrator.
[FR Doc. 2022-18103 Filed 8-18-22; 11:15 am]
BILLING CODE 4910-59-P