[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Notices]
[Page 32013]
[FR Doc No: 2022-11332]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings in Existing Proceedings

    Docket Numbers: RP22-696-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Refund Report: TPC 2022 Annual L&U Cash-Out Refund
Report to be effective N/A.
    Filed Date: 5/19/22.
    Accession Number: 20220519-5141.
    Comment Date: 5 pm ET 5/31/22.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 20, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-11332 Filed 5-25-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Page 58074]
[FR Doc No: C1-2011-22774]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65224; File No. SR-CBOE-2011-081]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Extend the Compliance Deadline for Qualification
Pursuant to Rule 3.6A

August 30, 2011.

Correction

    In notice document 2011-22774 appearing on pages 55447-55449 in the
issue of September 7, 2011, make the following correction:
    On page 55447, in the first column, the Release No. and File No.,
which were inadvertently omitted from the document heading, are added
to read as set forth above.

[FR Doc. C1-2011-22774 Filed 9-16-11; 8:45 am]
BILLING CODE 1505-01-P


[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Notices]
[Pages 42175-42178]
[FR Doc No: 2018-17833]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83846; File No. SR-CboeEDGX-2018-032]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change Related
to Fees for Use on the Exchange's Equity Options Platform

August 14, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 8, 2018, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-Members of the Exchange pursuant to EDGX Rules
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
website at www.markets.cboe.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity
options platform (``EDGX Options'') to (i) reduce the standard rebates
for Complex Orders, Customer (contra Non-Customer) in Penny Pilot
(``Penny'') and Non-Penny Pilot (``Non-Penny'') Securities; (ii)
increase the standard rates for Market-Maker orders that remove
liquidity in Penny and Non-Penny Securities; (iii) increase the
standard rate for BAM Contra orders; (iv) amend the Customer Volume
Tiers; (v) amend the Complex Customer Penny Tiers; (vi) amend the
Complex Customer Non-Penny Tiers; and (vii) and eliminate the Complex
Market-Maker Penny and Non-Penny Tiers.\6\
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    \6\ The Exchange initially filed the proposed fee changes on
August 1, 2018 (SR-CboeEDGX-2018-026) for August 1, 2018
effectiveness. On business date August 8, 2018, the Exchange
withdrew that filing and submitted this filing.
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Complex Order, Customer (Contra Non-Customer) Penny and Non-Penny
Rebates
    Currently, the Exchange applies fee code ZA to Customer complex
orders that are executed on the complex order book (``COB'') with a
non-Customer \7\ as the contra-party in Penny Securities and provides
such orders a rebate of $0.47 per contract. The Exchange also currently
applies fee code ZB to Customer complex orders that are executed on the
COB with a non-Customer as the contra-party in Non-Penny Securities and
provides such orders a rebate of $0.97 per contract. The Exchange
proposes to reduce the rebates for these orders. Particularly, the
Exchange proposes to reduce the rebate for Customer complex orders with
a non-Customer as the contra party in Penny Securities from $0.47 per
contract to $0.45 per contract. The Exchange proposes to reduce the
rebate for Customer complex orders with a non-Customer as the contra
party in Non-Penny Securities from $0.97 per contract to $0.80 per
contract.
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    \7\ ``Non-Customer'' applies to any transaction that is not a
Customer order. See EDGX Options Exchange Fee Schedule.
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Market Maker Remove Rate, Penny and Non-Penny
    By way of background, fee codes PT and NT are currently appended to
all Market Maker orders in Penny Securities and Non-Penny Securities,
respectively, that remove liquidity, and result in a standard fee of
$0.19 per contract. The Exchange proposes to increase the standard fee
of $0.19 per contract for Market Maker orders in Penny and Non-Penny
Securities that remove liquidity to $0.23 per contract. The Exchange
notes that this increase is in line with the amounts assessed by other
exchanges for similar transactions.\8\
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    \8\ See e.g., Nasdaq PHLX LLC Pricing Schedule, Section II,
Multiply Listed Options Fees. See also NYSE Arca Options Fees and
Charges, NYSE Arca Options: Trade-Related Charges for Standard
Options, Transaction Fee for Electronic Executions--Per Contract.

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BAM Contra Rate
    Fee code BB is currently appended to all Bats Auction Mechanism
(``BAM'') Contra Orders \9\ executed in a BAM auction and is currently
assessed $0.04 per contract. The Exchange proposes to increase the rate
from $0.04 per contract to $0.05 per contract. The Exchange notes that
the proposed rate is still in line with relevant rates related to price
improvement auctions offered by other options exchanges.\10\
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    \9\ ``BAM Contra Order'' or ``Initiating Order'' is an order
submitted by a Member entering a BAM Agency Order for execution
within BAM that will potentially execute against the BAM Agency
Order pursuant to Rule 21.19. See EDGX Options Exchange Fee
Schedule.
    \10\ See e.g., Miami International Securities Exchange, LLC
(``MIAX'') Fee Schedule, MIAX Price Improvement Mechanism
(``PRIME'') Fees.
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Customer Volume Tiers
    By way of background, fee codes PC and NC are currently appended to
all Customer orders in Penny Securities and Non-Penny Securities,
respectively, and result in a standard rebate of $0.01 per contract.
The Customer Volume Tiers in footnote 1 consist of four separate tiers,
each providing an enhanced rebate to a Member's Customer orders that
yield fee codes PC or NC upon satisfying monthly volume criteria
required by the respective tier. The Exchange proposes to amend the
volume criteria in Customer Volume Tiers 1-4. Particularly, Customer
Volume Tier 1 provides an enhanced rebate of $0.10 per contract where a
Member has an ADV \11\ in Customer orders greater than or equal to
0.20% of average OCV. The Exchange proposes to increase the ADV
requirement from 0.20% of average OCV \12\ to 0.35% of average OCV.
Customer Volume Tier 2 provides an enhanced rebate of $0.16 per
contract where a Member has an ADV in Customer orders greater than or
equal to 0.40% of average OCV. The Exchange proposes to increase the
ADV requirement of Customer Volume Tier 2 from 0.40% of average OCV to
0.45% of average OCV. Customer Volume Tier 3 provides an enhanced
rebate of $0.21 per contract where a Member has an ADV in Customer
orders greater than or equal to 0.65% of average OCV. The Exchange
proposes to increase the ADV requirement of Customer Volume Tier 3 from
0.65% of average OCV to 0.75% of average OCV. Lastly, Customer Volume
Tier 4 provides an enhanced rebate of $0.21 per contract where a Member
(i) has an ADV in Customer orders greater than or equal to 0.30% of
average OCV and (ii) has an ADV in Customer or Market Maker orders
greater than or equal to 0.50% of average OCV. The Exchange proposes to
increase the ADV requirements in both prongs from 0.30% of average OCV
to 0.60% of average OCV in the first prong and from 0.50% of average
OCV to 1.00% of average OCV in the second prong. The Exchange lastly
proposes to reduce the enhanced rebate in Customer Tier Volume 2 from
$0.16 per contract to $0.13 per contract.
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    \11\ ``ADV'' means average daily volume calculated as the number
of contracts added or removed, combined, per day. ADV is calculated
on a monthly basis. See EDGX Options Exchange Fee Schedule.
    \12\ ``OCV'' means the total equity and ETF options volume that
clears in the Customer range at the Options Clearing Corporation
(``OCC'') for the month for which the fees apply, excluding volume
on any day that the Exchange experiences an Exchange System
Disruption and on any day with a scheduled early market close See
EDGX Options Exchange Fee Schedule.
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Complex Customer Penny Rebates and Tiers
    As noted above, fee code ZA is currently appended to all Customer
complex orders executed on the COB with a non-Customer as the contra-
party in Penny Securities and currently results in a standard rebate of
$0.47 per contract (as discussed above however, the Exchange is
proposing to reduce the standard rebate for these orders to $0.45 per
contract). The Complex Customer Tiers for Penny Securities in footnote
1 consist of three separate tiers, each providing an enhanced rebate to
a Member's Customer orders that yield fee code ZA upon satisfying
monthly volume criteria required by the respective tier. The Exchange
proposes to amend the volume criteria thresholds in Complex Customer
Penny Tiers 1-3. Particularly, Complex Customer Penny Tier 1 currently
provides an enhanced rebate of $0.48 per contract where a Member has an
ADV in Customer orders greater than or equal to 0.30% of average OCV.
The Exchange proposes to increase the ADV requirement from 0.30% of
average OCV to 0.40% of average OCV. Complex Customer Penny Tier 2
currently provides an enhanced rebate of $0.49 per contract where a
Member has an ADV in Customer orders greater than or equal to 0.40% of
average OCV. The Exchange proposes to increase the ADV requirement of
Complex Customer Penny Tier 2 from 0.40% of average OCV to 0.55% of
average OCV. Complex Customer Penny Tier 3 currently provides an
enhanced rebate of $0.50 per contract where a Member has an ADV in
Customer orders greater than or equal to 0.65% of average OCV. The
Exchange proposes to increase the ADV requirement of Complex Customer
Penny Tier 3 from 0.65% of average OCV to 0.75% of average OCV.
    The Exchange also proposes to amend the enhanced rebates in each of
the Complex Customer Penny Tiers. Particularly, the Exchange proposes
to reduce the rates as follows: In Complex Customer Penny Tier 1,
reduce the rebate from $0.48 per contract to $0.47 per contract; in
Complex Customer Penny Tier 2, reduce the rebate from $0.49 per
contract to $0.48 per contract; and in Complex Customer Penny Tier 3,
reduce the rebate from $0.50 per contract to $0.49 per contract.
Complex Customer Non-Penny Rebates and Tiers
    As noted above, fee code ZB is currently appended to all Customer
complex orders executed on the COB with a non-Customer as the contra-
party in Non-Penny Securities and currently results in a standard
rebate of $0.97 per contract (as discussed above however, the Exchange
is proposing to reduce the standard rebate for these orders to $0.80
per contract). The Complex Customer Tiers for Non-Penny Securities in
footnote 1 consist of three separate tiers, each providing an enhanced
rebate to a Member's Customer orders that yield fee code ZB upon
satisfying monthly volume criteria required by the respective tier. The
Exchange proposes to amend the volume criteria thresholds in Complex
Customer Non-Penny Tiers 1-3. Particularly, Complex Customer Non-Penny
Tier 1 currently provides an enhanced rebate of $0.98 per contract
where a Member has an ADV in Customer orders greater than or equal to
0.30% of average OCV. The Exchange proposes to increase the ADV
requirement from 0.30% of average OCV to 0.40% of average OCV. Complex
Customer Non-Penny Tier 2 currently provides an enhanced rebate of
$0.99 per contract where a Member has an ADV in Customer orders greater
than or equal to 0.40% of average OCV. The Exchange proposes to
increase the ADV requirement of Complex Customer Non-Penny Tier 2 from
0.40% of average OCV to 0.55% of average OCV. Complex Customer Non-
Penny Tier 3 currently provides an enhanced rebate of $1.00 per
contract where a Member has an ADV in Customer orders greater than or
equal to 0.65% of average OCV. The Exchange proposes to increase the
ADV requirement of Complex Customer Non-Penny Tier 3 from 0.65% of
average OCV to 0.75% of average OCV.
    The Exchange also proposes to reduce the enhanced rebates in each
of the Complex Customer Non-Penny Tiers. Particularly, the Exchange
proposes to reduce the rates as follows: In Complex

Customer Non-Penny Tier 1, reduce the rebate from $0.98 per contract to
$0.85 per contract; in Complex Customer Non-Penny Tier 2, reduce the
rebate from $0.99 per contract to $0.87 per contract; and in Complex
Customer Non-Penny Tier 3, reduce the standard rebate from $1.00 per
contract to $0.95 per contract.
Complex Market Maker Penny and Non-Penny Tiers
    By way of background, fee codes ZM and ZN are currently appended to
all complex Market Maker orders in Penny Securities and Non-Penny
Securities, respectively that add liquidity, and result in a standard
fee of $0.50 and $1.10 per contract, respectively. The Complex Market
Maker Volume Tiers for Penny and Non-Penny Securities under footnote 2
consist of one tier for each program respectively, each providing a
reduced rate to a Member's Market Makers orders that yield fee code ZM
and ZN upon satisfying monthly volume criteria required by the
respective tier. The Exchange no longer wishes to maintain these
particular programs. Accordingly, the Exchange proposes to eliminate
both Complex Market Maker Penny Tier 1 and Complex Market Maker Non-
Penny Tier 1.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\13\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\14\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
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    First, the Exchange believes that it is reasonable to reduce the
rebates for Customer complex orders that interact with non-Customer
orders on the COB in both Penny and Non-Penny Securities, because these
Customer complex orders still receive a rebate (albeit a lesser rebate
than before) and because the Exchange believes these rebates will
continue to encourage participation on the COB by entry of Customer
orders to the Exchange. The Exchange believes the proposed changes are
equitable and not unfairly discriminatory because they apply uniformly
to all Customers. The Exchange notes rebates for Customer complex
orders are designed to encourage Customer orders entered into the
Exchange, which orders benefit all market participants by providing
additional trading opportunities. This attracts liquidity providers and
an increase in the activity of these market participants in turn
facilitates tighter spreads, which may cause an additional
corresponding increase in order flow originating from other market
participants.
    Next, the Exchange believes the proposal to increase the standard
fee of $0.19 per contract to $0.23 per contract for Market Maker orders
in Penny and Non-Penny Securities that remove liquidity is reasonable
because the proposed amount is still in line with the amounts assessed
by other exchanges for similar transactions.\15\ The Exchange believes
the proposed changes are equitable and not unfairly discriminatory
because they apply uniformly to all Market Makers.
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    \15\ See e.g., Nasdaq PHLX LLC Pricing Schedule, Section II,
Multiply Listed Options Fees. See also NYSE Arca Options Fees and
Charges, NYSE Arca Options: Trade-Related Charges for Standard
Options, Transaction Fee for Electronic Executions--Per Contract.
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    The Exchange believes the proposed increase to the BAM contra rate
is reasonable because it is a slight increase and because it is still
in line with what other exchanges assess for similar transactions.\16\
Additionally the proposed rate change applies to all market
participants uniformly.
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    \16\ See e.g., Miami International Securities Exchange, LLC
(``MIAX'') Fee Schedule, MIAX Price Improvement Mechanism
(``PRIME'') Fees.
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    The Exchange next notes that volume-based discounts such as those
currently maintained on the Exchange have been widely adopted by
options exchanges and are equitable because they are open to all
Members on an equal basis and provide additional benefits or discounts
that are reasonably related to (i) the value of an exchange's market
quality; (ii) associated with higher levels of market activity, such as
higher levels of liquidity provision and/or growth patterns; and (iii)
introduction of higher volumes of orders into the price and volume
discovery processes. While the proposed modifications to the existing
(i) Customer Volume Tiers and (ii) Complex Customer Tiers in Penny and
Non-Penny Securities, make such tiers more difficult to attain, each is
intended to incentivize Members to send additional Customer orders
(and/or Market Maker orders in the case of Customer Volume Tier 4) to
the Exchange in an effort to qualify or continue to qualify for the
enhanced rebates made available by the tiers. The Exchange notes that
increased volume on the Exchange provides greater trading opportunities
for all market participants. The Exchange believes the proposed changes
are equitable and nondiscriminatory because the proposed changes apply
uniformly to all Customers.
    With respect to the proposal to reduce rebates under (i) Customer
Volume Tier 2, (ii) Complex Customer Penny Tiers 1, 2, and 3, and (iii)
Complex Customer Non-Penny Tiers 1, 2, and 3, the Exchange believes the
proposed changes are reasonable because Customers still have the
opportunity to receive enhanced rebates (albeit lesser amounts than
before). The Exchange believes the rebates still provide an incremental
incentive for Customers to strive for higher tier levels, which
provides increasingly higher rebates. The Exchange believes the
proposed changes are equitable and nondiscriminatory because the
proposed changes apply uniformly to all Customers.
    The Exchange believes that the proposal to eliminate the Complex
Market Maker Penny Tier 1 and Complex Market Maker Non-Penny Tier 1 is
reasonable, fair, and equitable because the Exchange no longer desires
to maintain such discounts and notes that it is not required to provide
such discounts. The Exchange believes it's equitable and not unfairly
discriminatory because it applies uniformly to all Members.

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

    The Exchange believes the proposed amendments to its fee schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed changes represent a significant
departure from previous pricing offered by the Exchange or pricing
offered by the Exchange's competitors. Members may opt to disfavor the
Exchange's pricing if they believe that alternatives offer them better
value. Accordingly, the Exchange does not believe that the proposed
change will impair the ability of Members or competing venues to
maintain their competitive standing in the financial markets.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The

Exchange has not received any written comments from members or other
interested parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \17\ and paragraph (f) of Rule 19b-4
thereunder.\18\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeEDGX-2018-032 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGX-2018-032. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeEDGX-2018-032 and should be
submitted on or before September 10, 2018.
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    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2018-17833 Filed 8-17-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Pages 5290-5291]
[FR Doc No: 2018-02334]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Release From Federal Surplus Property and Grant
Assurance Obligations at Charles M. Shulz--Sonoma County Airport (STS),
California

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of Request to Release Airport Land.

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SUMMARY: The Federal Aviation Administration (FAA) proposes to rule and
invites public comment on the application for a land use change of
approximately 14.5 acres of airport property at the Charles M. Shulz--
Sonoma County Airport (STS), Santa Rosa, California from the conditions
for aviation use contained in the Surplus Property Deed and Grant
Assurances because the parcel of land is needed for other than airport
operational purposes. The parcel is located outside the airport's
Active Operations Area (AOA) and separated from the AOA by the
airport's perimeter fence. The 14.5 acres of airport land is presently
being utilized by Sonoma County, the owner of STS, as a mitigation
preserve and is identified as a suitable location for the United States
Fish and Wildlife Service (USFWS) required 2.0 acres mitigation for the
STS Runway Safety Area (RSA) Improvement Project. The County proposed
non-aeronautical use will be compatible with the airport and will not
interfere with the airport or its operation.

DATES: Comments must be received on or before March 8, 2018.

FOR FURTHER INFORMATION CONTACT: Comments on the request may be mailed
or delivered to the FAA at the following address: Mr. Fernando Yanez,
Lead Program Manager, Federal Aviation Administration, San Francisco
Airports District Office, Federal Register Comment, 1000 Marina
Boulevard, Suite 220, Brisbane, CA 94005. In addition, one copy of the
comment submitted to the FAA must be mailed or delivered to Mr. Jon G.
Stout, Airport Manager, Charles M. Schulz--Sonoma County Airport, 2290
Airport Boulevard, Santa Rosa, CA 95403.

SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR 21),
Public Law 106-181 (Apr. 5, 2000; 114 Stat. 61), this notice must be
published in the Federal Register 30 days before the Secretary may
waive any condition imposed on a federally obligated airport by surplus
property conveyance deeds or grant agreements.
    The following is a brief overview of the request:
    The County of Sonoma, California requested a release from Federal
surplus property and grant assurance obligations for approximately 14.5
acres of airport land to allow for a land-use change for non-
aeronautical purposes to place a conservation easement approximately
1,600 feet east of Runway 14 end, south of the AOA, and separated by
the airport perimeter fence. The parcel contains a wooded riparian/
creek corridor and approximately 4.5 acres of seasonal wetlands that
were established in 1999 as off-site mitigation for other projects in
the vicinity. The airport parcel was acquired in 1994 with Airport
Improvement Program funds to protect the operation of an adjacent FAA
radio transmitter receiver, to prevent incompatible land use
development that may interfere with the antenna field, and to provide
noise buffering. The airport pursuant to the Surplus Property Act of
1944 was deeded to the County of Sonoma on June 20, 1949. The
establishment of a conservation easement over the parcel is required to
do the mitigation work that includes the 2.0 acres mitigation to
enhance and preserve an endangered plant species, Burke's goldfields,
as part of the compensation and required mitigation for the STS RSA
Improvement Project. The land use change will enable the County to meet
the requirements of the Biological Opinion issued by the United States
Fish and Wildlife Service in connection with the RSA Project. The FAA
issued a Record of Decision, a Finding of No Significant Impact on July
19, 2013 for the RSA Project that required implementation of mitigation
measures. The easement will contain provisions to continue the purpose
of the 1994 County's acquisition of the parcel to protect the nearby
antenna field. The parcel will also continue to act as a noise buffer
from the airport

since the parcel will not serve a commercial or aeronautical purpose.
The use of the property will not interfere with the airport or its
operations, thereby serving the interests of civil aviation.

    Issued in Brisbane, California, on January 29, 2018.
Anthony M. Butters,
Acting Manager, San Francisco Airports District Office, Western-Pacific
Region.
[FR Doc. 2018-02334 Filed 2-5-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Notices]
[Pages 90394-90398]
[FR Doc No: 2016-29934]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-32386; File No. 812-14447]

Hartford Life Insurance Company, et al; Notice of Application

December 8, 2016.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order approving the substitution
of certain securities pursuant to section 26(c) of the Investment
Company Act of 1940, as amended (``Act'') and an order of exemption
pursuant to section 17(b) of the Act from section 17(a) of the Act.

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Applicants: Hartford Life Insurance Company (``Hartford Life''),
Hartford Life and Annuity Insurance Company (``Hartford Life and
Annuity,'' and together with Hartford Life, the ``Hartford Life
Insurance Companies''); their respective separate accounts, Hartford
Life Insurance Company Separate Account Three (``HL Separate Account
3''), Hartford Life and Annuity Insurance Company Separate Account
Three (``HLA Separate Account 3''), Hartford Life Insurance Company
Separate Account Seven (``HL Separate Account 7''), Hartford Life and
Annuity Insurance Company Separate Account Seven (``HLA Separate
Account 7'') (collectively, the ``Separate Accounts,'' and together
with the Hartford Insurance Companies, the ``Section 26 Applicants'');
HIMCO Variable Insurance Trust (the ``Trust''), Hartford Investment
Management Company (``HIMCO,'' and collectively with the Section 26
Applicants and the Trust, the ``Section 17 Applicants'').

Summary of Application: The Applicants seek an order pursuant to
section 26(c) of the Act, approving the substitution of shares of
twenty-seven (27) investment portfolios of registered investment
companies (the ``Existing Portfolios'') with shares of six (6)
investment portfolios of the Trust (the ``Replacement Portfolios''),
under certain variable annuity contracts (the ``Contracts''), each
funded through the Separate Accounts (the ``Substitutions''). In
addition, the Section 17 Applicants also seek an order pursuant to
section 17(b) of the Act exempting them from section 17(a) of the Act
to the extent necessary to permit them to engage in certain in-kind
transactions (the ``In-Kind Transactions'') in connection with the
Substitutions.

DATES: Filing Date: The application was filed on April 21, 2015, and
amended on May 25, 2016 and August 31, 2016.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by 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 January 3, 2017, and should be accompanied by proof of
service on applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: Hartford Life
Insurance Company, Attn: Lisa Proch, Vice President, Assistant General
Counsel, P.O. Box 2999, Hartford, CT 06104-2999.

FOR FURTHER INFORMATION CONTACT: Jessica Shin, Attorney-Adviser at
(202) 551-5921 or David J. Marcinkus, Branch Chief, at<PHONE_NUMBER>
(Chief Counsel's Office, Division of Investment Management).

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. Hartford Life is a stock life insurance company incorporated
under the laws of the state of Connecticut. Hartford Life was engaged
in the business of writing individual and group life insurance and
annuity contracts until April 30, 2013, and remains authorized to do
business in every state and the District of Columbia. Hartford Life is
an indirect, wholly-owned subsidiary of The Hartford Financial Services
Group, Inc. (``The Hartford''), a Delaware corporation whose stock is
traded on the New York Stock Exchange.
    2. Hartford Life and Annuity is a stock life insurance company
incorporated under the laws of the state of Connecticut. Hartford Life
and Annuity was engaged in the business of writing individual and group
life insurance and annuity contracts until April 30, 2013, and remains
authorized to do business in every state (except New York), the
District of Columbia and Puerto Rico. Hartford Life and Annuity is an
indirect wholly-owned subsidiary of The Hartford.
    3. Hartford Life established HL Separate Account 3 and HL Separate
Account 7 as segregated asset accounts under Connecticut law on June
22, 1994 and December 8, 1986, respectively. Hartford Life and Annuity
established HLA Separate Account 3 and HLA Separate Account 7 as
segregated asset accounts under Connecticut law on June 22, 1994 and
April 1, 1999, respectively. Each of the Separate Accounts meets the
definition of ``separate account,'' as defined in Section 2(a)(37) of
the Act. The Separate Accounts are registered with the Commission under
the Act as unit investment trusts. The assets of the Separate Accounts
support the Contracts and interests in the Separate Accounts offered
through such Contracts. The Separate Accounts are segmented into
subaccounts, and certain of these subaccounts invest in the Existing
Portfolios. The Contracts are individual and group deferred variable
annuity contracts, with group participants acquiring certain ownership
rights as described in the group contract or plan documents. Contract
owners and participants in group contracts (each, a ``Contract owner,''
and collectively, ``Contract owners'') may allocate some or all of
their Contract value to one or more subaccounts available as investment
options under their respective Contracts and any rider(s).
    4. By the terms of each Contract (and as set forth in the
prospectuses for the Contracts), the Hartford Insurance Companies
reserve the right to substitute shares of another registered investment
company for the shares of any registered investment company already
purchased or to be purchased in the future by the Separate Accounts.
    5. The Trust is a Delaware statutory trust that was established on
January 13, 2012. The Trust is registered with the

Commission as an open-end management investment company under the Act
and its shares are registered under the Securities Act of 1933. The
Trust is a series investment company and currently has twenty-four (24)
separate portfolios (each a ``HIMCO VIT Fund,'' and collectively, the
``HIMCO VIT Funds''). Six (6) HIMCO VIT Funds comprise the Replacement
Portfolios.
    6. HIMCO, a Delaware corporation and a registered investment
adviser, serves as investment adviser to each of the HIMCO VIT Funds
pursuant to an investment advisory agreement between the Trust, on
behalf of each HIMCO VIT Fund, and HIMCO. In addition, the Trust has
obtained an exemptive order from the Commission (File No. 812-11684)
(the ``Manager of Managers Order''). The Replacement Portfolios may
rely on the the Manager of Managers Order, and the Trust's registration
statement discloses and explains the existence, substance and effect of
the Manager of Managers Order.\1\
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    \1\ HIMCO has agreed, as a condition of the application, that it
will not change a sub-adviser, add a new sub-adviser, or otherwise
rely on the Manager of Managers Order or any replacement order from
the Commission with respect to any Replacement Portfolio without
first obtaining shareholder approval of the change in sub-adviser,
the new sub-adviser, or the Replacement Portfolio's ability to add
or to replace a sub-adviser in reliance on the Manager of Managers
Order or any replacement order from the Commission at a shareholder
meeting, the record date for which shall be after the proposed
Substitution has been effected.
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    7. The Section 26 Applicants propose to substitute shares of the
Existing Portfolios with shares of the corresponding Replacement
Portfolios, as shown in the table below. As discussed in greater detail
in the application, the Section 26 Applicants believe that each
Existing Portfolio has substantially similar investment objectives,
principal investment strategies, and principal investment risks, and
has substantially similar risk and return characteristics, as its
corresponding Replacement Portfolio.

------------------------------------------------------------------------
                                                         Replacement
      Substitution           Existing portfolio       portfolio (Share
                              (Share class(es))            class)
------------------------------------------------------------------------
1.......................  American Funds Growth-    HIMCO VIT Large Cap
                           Income Fund (Class 2).    Core Fund (Class
                                                     IB).
2.......................  Franklin Rising
                           Dividends VIP Fund
                           (Class 2) (Class 4).
3.......................  Invesco V.I. Core Equity
                           Fund (Series I) (Series
                           II).
4.......................  Lord Abbett Calibrated
                           Dividend Growth
                           Portfolio (Class VC).
5.......................  Lord Abbett Fundamental
                           Equity Portfolio (Class
                           VC).
6.......................  Lord Abbett Growth &
                           Income Portfolio (Class
                           VC).
7.......................  MFS Investors Trust
                           Series (Initial Class)
                           (Service Class).
8.......................  Oppenheimer Main Street
                           Fund/VA (Service
                           Shares).
9.......................  Pioneer Fund VCT
                           Portfolio (Class II).
10......................  AB VPS Value Portfolio    HIMCO VIT Large Cap
                           (Class B).                Value Fund (Class
                                                     IB).
11......................  American Century VP
                           Value Fund (Class II).
12......................  American Funds Blue Chip
                           Income and Growth Fund
                           (Class 2).
13......................  Fidelity VIP Equity-
                           Income Portfolio
                           (Service Class 2).
14......................  Franklin Mutual Shares
                           VIP Fund (Class 2)
                           (Class 4).
15......................  Invesco V.I. Comstock
                           Fund (Series II).
16......................  Invesco V.I. Diversified
                           Dividend Fund (Series
                           II).
17......................  Invesco V.I. Growth and
                           Income Fund (Series II).
18......................  Invesco V.I. Value
                           Opportunities Fund
                           (Series I).
19......................  MFS Value Series
                           (Initial Class)
                           (Service Class).
20......................  American Funds            HIMCO VIT
                           International Fund        International Core
                           (Class 2).                Equity Fund (Class
                                                     IB).
21......................  MFS Research
                           International Portfolio
                           (Initial Class).
22......................  AB VPS International      HIMCO VIT
                           Value Portfolio (Class    International Value
                           B).                       Equity Fund (Class
                                                     IB).
23......................  Templeton Foreign VIP
                           Fund (Class 2) (Class
                           4).
24......................  American Funds Bond Fund  HIMCO VIT Total
                           (Class 2).                Return Bond Fund
                                                     (Class IB).
25......................  MFS Total Return Bond
                           Series (Initial Class)
                           (Service Class).
26......................  Fidelity VIP Strategic    HIMCO VIT Strategic
                           Income Portfolio          Income Bond Fund
                           (Service Class 2).        (Class IB).
27......................  Franklin Strategic
                           Income VIP Fund (Class
                           1) (Class 2) (Class 4).
------------------------------------------------------------------------

    8. The Hartford Insurance Companies state that the proposed
Substitutions are intended to improve the administrative efficiency and
cost-effectiveness of the Contracts, as well as to make the Contracts
more attractive to existing Contract owners. Applicants state that by
eliminating overlapping investment options that duplicate one another
by having substantially similar investment objectives, strategies and
risks, the Hartford Insurance Companies can present a more streamlined
menu of investment options under the Contracts. Applicants further
state that since the proposed Substitutions were designed to reduce
investment-option redundancy, the diversity of available investment
styles under the Contracts will not be adversely impacted. Additional
information for each Existing Portfolio and the corresponding
Replacement Portfolio, including investment objectives, principal
investment strategies, principal risks, and fees can be found in the
application.
    9. Applicants state that through the proposed Substitutions, the
Hartford Insurance Companies seek to replace certain investment options
in the Contracts' current fund lineups with investment options that
will provide Contract owners with lower expenses, while maintaining a
high-quality menu of investment options. In this regard, the Section 26
Applicants believe that Contract owners with Contract value allocated
to the subaccounts of the Existing Portfolios will have lower total and
net annual operating expenses immediately after the proposed
Substitutions than before the proposed Substitutions. Applicants also
state that, for each Substitution, the combined management fee and Rule
12b-1 fee of each Replacement Portfolio is lower than that of the
corresponding Existing Portfolio. The application sets forth the fees
and expenses of each Existing Portfolio and its corresponding
Replacement Portfolio in greater detail.
    10. The Section 26 Applicants also agree that, during a period of
two (2)

years following the implementation of the proposed Substitution (the
``Substitution Date''), and for those Contracts with assets allocated
to an Existing Portfolio on the Substitution Date, the Hartford
Insurance Companies will reimburse, on the last business day of each
fiscal quarter, the owners of those Contracts invested in the
applicable Replacement Portfolio to the extent that the Replacement
Portfolio's total net annual operating expenses (taking into account
fee waivers and expense reimbursements) for such period exceeds, on an
annualized basis, the total net annual operating expenses of the
Existing Portfolio for fiscal year 2015. In addition, the Hartford
Insurance Companies will not increase the Contract fees and charges
that would otherwise be assessed under the terms of those Contracts for
a period of at least two (2) years following the Substitution Date.
    11. Applicants state that the Hartford Insurance Companies or their
affiliates will pay all expenses and transaction costs of the proposed
Substitutions, including legal and accounting expenses, any applicable
brokerage expenses and other fees and expenses. Applicants state that
no fees or charges will be assessed to the affected Contract owners to
effect the proposed Substitutions. Applicants state that the proposed
Substitutions will not cause the Contract fees and charges currently
being paid by existing Contract owners to be greater after the
Substitutions than before the Substitutions.
    12. Applicants state that the Contract value of each Contract owner
affected by the proposed Substitutions will not change as a result of
the proposed Substitutions. Applicants state that, because the
Substitutions will occur at relative net asset value, and the fees and
charges under the Contracts will not change as a result of the
Substitutions, the benefits offered by the guarantees under the
Contracts will be the same immediately before and after the
Substitutions. Applicants further state that what effect the
Substitutions may have on the value of the benefits offered by the
Contract guarantees would depend, among other things, on the relative
future performance of each Existing Portfolio and Replacement
Portfolio, which the Section 26 Applicants cannot predict.
Nevertheless, the Section 26 Applicants note that at the time of the
Substitutions, the Contracts will offer a comparable variety of
investment options with as broad a range of risk/return
characteristics.
    13. At least 30 days prior to the Substitution Date, Contract
owners will be notified via prospectus supplements, which will be filed
with the Commission pursuant to Rule 497 under the Securities Act of
1933, that the Section 26 Applicants received or expect to receive
Commission approval of the applicable proposed Substitutions and of the
anticipated Substitution Date (the ``Pre-Substitution Notice''). The
Pre-Substitution Notice will advise Contract owners that Contract
values attributable to investments in the Existing Portfolios will be
transferred to the Replacement Portfolios, without any charge that
would otherwise apply and without being subject to any limitations on
transfers, on the Substitution Date. The Pre-Substitution Notice also
will state that, from the date of the Pre-Substitution Notice through
the date thirty (30) days after the Substitutions, Contract owners may
transfer Contract value from the subaccounts investing in the Existing
Portfolios (before the Substitutions) or the Replacement Portfolios
(after the Substitutions) to any other available investment option
without charge and without imposing any transfer limitations.
    14. The Section 26 Applicants will also deliver to affected
Contract owners, at least thirty (30) days before the Substitution
Date, a prospectus for each applicable Replacement Portfolio. In
addition, within five (5) business days after the Substitution Date,
Contract owners whose assets are allocated to a Replacement Portfolio
as part of the proposed Substitutions will be sent a written notice
(each, a ``Confirmation'') informing them that the Substitutions were
carried out as previously notified. The Confirmation will also restate
the information set forth in the Pre-Substitution Notice. The
Confirmation will also reflect the Contract owners Contract values
before and after the Substitution(s).
    15. Each Substitution will be effected at the relative net asset
values of the respective shares of the Replacement Portfolios in
conformity with Section 22(c) of the 1940 Act and Rule 22c-1 thereunder
without the imposition of any transfer or similar charges by the
Section 26 Applicants. The Substitutions will be effected without
change in the amount or value of any Contracts held by affected
Contract owners. As such, the Section 26 Applicants believe that the
procedures to be implemented are sufficient to assure that each
Contract owner's cash values immediately after the Substitution will be
equal to the cash value immediately before the Substitution. As of the
Substitution Date, the Separate Accounts will redeem shares of the
Existing Portfolios for cash or in- kind. The proceeds of such
redemptions will then be used to purchase shares of the corresponding
Replacement Portfolio, as each subaccount of the Separate Accounts will
invest the proceeds of its redemption from the Existing Portfolios in
the applicable Replacement Portfolios.
Legal Analysis
    1. The Section 26 Applicants request that the Commission issue an
order pursuant to section 26(c) of the Act approving the proposed
Substitutions. Section 26(c) of the Act prohibits any depositor or
trustee of a unit investment trust holding the security of a single
issuer from substituting another security of another issuer without the
approval of the Commission. Section 26(c) provides that such approval
shall be granted by order of the Commission ``if the evidence
establishes that [the substitution] is consistent with the protection
of investors and the purposes fairly intended by the policy and
provisions of [the Act].''
    2. The Section 26 Applicants submit that each of the Substitutions
meet the standards set forth in section 26(c) and that, if implemented,
the Substitutions would not raise any of the concerns underlying this
provision. The Section 26 Applicants believe that each Replacement
Portfolio and its corresponding Existing Portfolio(s) have
substantially similar investment objectives, principal investment
strategies and principal risks. Applicants state that, accordingly, no
Contract owner will involuntarily lose his or her rider(s) as a result
of any proposed Substitution. Contract owners will not incur any fees
or charges as a result of the proposed Substitutions.
    3. The Section 17 Applicants request that the Commission issue an
order pursuant to section 17(b) of the Act exempting them from section
17(a) of the Act to the extent necessary to permit them to carry out,
as part of the Substitutions, the In-Kind Transactions. Section
17(a)(1) of the Act prohibits any affiliated person of a registered
investment company, or any affiliated person of such person, acting as
principal, from selling any security or other property to such
registered investment company. Section 17(a)(2) of the Act prohibits
any of the persons described above, acting as principals, from
purchasing any security or other property from such registered
investment company.
    4. Because the proposed Substitutions may be effected, in whole or
in part, by means of in-kind redemptions and purchases, the proposed
Substitutions

may be deemed to involve one or more purchases or sales of securities
or property between affiliated persons. The proposed transactions may
involve a transfer of portfolio securities by the Existing Portfolios
to the Separate Accounts. Immediately thereafter, the Separate Accounts
would purchase shares of the Replacement Portfolios with the portfolio
securities received from the Existing Portfolios. Accordingly, to the
extent the Separate Accounts and the Existing Portfolios, and the
Separate Accounts and the Replacement Portfolios, are deemed to be
affiliated persons of one another under Section 2(a)(3) of the Act, it
is conceivable that this aspect of the proposed Substitutions could be
viewed as being prohibited by Section 17(a). As such, the Section 17
Applicants have determined that it is prudent to seek relief from
Section 17(a) in the context of this application.
    5. The Section 17 Applicants maintain that the terms of the
proposed In-Kind Transactions, including the consideration to be paid
by each Existing Portfolio and received by each Replacement Portfolio
involved, are reasonable, fair and do not involve overreaching,
principally because the transactions will conform with all but one of
the conditions enumerated in Rule 17a-7. The In-Kind Transactions will
take place at relative net asset value in conformity with the
requirements of Section 22(c) of the Act and Rule 22c-1 thereunder
without the imposition of any transfer or similar charges by the
Section 26 Applicants. The Substitutions will be effected without
change in the amount or value of any Contract held by the affected
Contract owners. The Substitutions will in no way alter the tax
treatment of affected Contract owners in connection with their
Contracts, and no tax liability will arise for Contract owners as a
result of the Substitutions. The fees and charges under the Contracts
will not increase because of the Substitutions. Even though the
Separate Accounts, the Hartford Insurance Companies and the Trust may
not rely on Rule 17a-7, the Section 17 Applicants believe that the
Rule's conditions outline the type of safeguards that result in
transactions that are fair and reasonable to registered investment
company participants and preclude overreaching in connection with an
investment company by its affiliated persons.
    6. The Section 17 Applicants submit that the proposed in-kind
purchases by the Separate Accounts are consistent with the policies of
the Trust and the Replacement Portfolios, as recited in the Trust's
current registration statement and reports filed under the Act.
Finally, the Section 17 Applicants submit that the proposed
Substitutions are consistent with the general purposes of the Act.
Applicants' Conditions
    The Section 26 Applicants, and HIMCO as applicable, agree that any
order granting the requested relief will be subject to the following
conditions.
    1. The Substitutions will not be effected unless the Section 26
Applicants determine that: (i) The Contracts allow the substitution of
shares of registered open-end investment companies in the manner
contemplated by this application; (ii) the Substitutions can be
consummated as described in this application under applicable insurance
laws; and (iii) any regulatory requirements in each jurisdiction where
the Contracts are qualified for sale have been complied with to the
extent necessary to complete the Substitutions.
    2. The Hartford Insurance Companies will seek approval of the
proposed Substitutions from any state insurance regulators whose
approval may be necessary or appropriate.
    3. HIMCO will not change a sub-adviser, add a new sub-adviser, or
otherwise rely on the Manager of Managers Order or any replacement
order from the Commission with respect to any Replacement Portfolio
without first obtaining shareholder approval of the change in sub-
adviser, the new sub-adviser, or the Replacement Portfolio's ability to
add or to replace a sub-adviser at a shareholder meeting, the record
date for which shall be after the proposed Substitution has been
effected.
    4. The Hartford Insurance Companies or their affiliates will pay
all expenses and transaction costs of the Substitutions, including
legal and accounting expenses, any applicable brokerage expenses and
other fees and expenses. No fees or charges will be assessed to the
affected Contract owners to effect the Substitutions. The proposed
Substitutions will not cause the Contract fees and charges currently
being paid by Contract owners to be greater after the proposed
Substitution than before the proposed Substitution.
    5. The Substitutions will be effected at the relative net asset
values of the respective shares of the Replacement Portfolios in
conformity with Section 22(c) of the 1940 Act and Rule 22c-1 thereunder
without the imposition of any transfer or similar charges by the
Section 26 Applicants. The Substitutions will be effected without
change in the amount or value of any Contracts held by affected
Contract owners.
    6. The Substitutions will in no way alter the tax treatment of
affected Contract owners in connection with their Contracts, and no tax
liability will arise for Contract owners as a result of the
Substitutions.
    7. The obligations of the Section 26 Applicants, and the rights of
the affected Contract owners, under the Contracts of affected Contract
owners will not be altered in any way.
    8. Affected Contract owners will be permitted to transfer Contract
value from the subaccount investing in the Existing Portfolio (before
Substitution Date) or the Replacement Portfolio (after the Substitution
Date) to any other available investment option under the Contract
without charge for a period beginning at least 30 days before the
Substitution Date through at least 30 days following the Substitution
Date. Contract owners with guaranteed living and/or death benefit
riders, as applicable, may transfer Contract value from the subaccounts
investing in the Existing Portfolios (before the Substitutions) or the
Replacement Portfolios (after the Substitutions) to any other available
investment option available under their respective riders without
charge and without imposing any transfer limitations. Except as
described in any market timing/short-term trading provisions of the
relevant prospectus, the Section 26 Applicants will not exercise any
rights reserved under the Contracts to impose restrictions on transfers
between the subaccounts under the Contracts, including limitations on
the future number of transfers, for a period beginning at least 30 days
before the Substitution Date through at least 30 days following the
Substitution Date.
    9. All affected Contract owners will be notified, at least 30 days
before the Substitution Date about: (a) The intended Substitution of
Existing Portfolios with the Replacement Portfolios; (b) the intended
Substitution Date; and (c) information with respect to transfers as set
forth in Condition 8 above. In addition, the Section 26 Applicants will
also deliver to affected Contract owners, at least thirty (30) days
before the Substitution Date, a prospectus for each applicable
Replacement Portfolio.
    10. The Section 26 Applicants will deliver to each affected
Contract owner within five (5) business days of the Substitution Date a
written confirmation which will include: (a) A confirmation that the
Substitutions were carried out as previously notified; (b) a
restatement of the information set forth in the Pre-

Substitution Notice; and (c) values of the Contract owner's positions
in the Existing Portfolio before the Substitution and the Replacement
Portfolio after the Substitution.
    11. For a period of two years following the Substitution Date, for
those Contracts with assets allocated to the Existing Portfolio on the
Substitution Date, the Hartford Insurance Companies will reimburse, on
the last business day of each fiscal quarter, the Contract owners whose
subaccounts invest in the applicable Replacement Portfolio to the
extent that the Replacement Portfolio's net annual operating expenses
(taking into account fee waivers and expense reimbursements) for such
period exceeds, on an annualized basis, the net annual operating
expenses of the Existing Portfolio for fiscal year 2015. In addition,
the Section 26 Applicants will not increase the Contract fees and
charges that would otherwise be assessed under the terms of the
Contracts for a period of at least two years following the Substitution
Date.

    For the Commission, by the Division of Investment Management,
under delegated authority.
 Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-29934 Filed 12-13-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Rules and Regulations]
[Pages 34941-34942]
[FR Doc No: 2021-13995]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31375; Amdt. No. 3961]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective July 1, 2021. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 1, 2021.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30. 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by
establishing, amending, suspending, or removes SIAPS, Takeoff Minimums
and/or ODPS. The complete regulatory description of each SIAP and its
associated Takeoff Minimums or ODP for an identified airport is listed
on FAA form documents which are incorporated by reference in this
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20.
The applicable FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B,
when required by an entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flights safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Lists of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on June 11, 2021.
Wade E.K. Terrell,
Aviation Safety, Flight Standards Service, Manager (A), Flight
Technologies and Procedures Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CRF part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 12 August 2021

Atlanta, GA, Dekalb-Peachtree, Takeoff Minimums and Obstacle DP,
Amdt 3A
Atlanta, GA, KCVC, RNAV (GPS) RWY 10, Amdt 2
Atlanta, GA, KCVC, RNAV (GPS) RWY 28, Amdt 2
Atlanta, GA, KCVC, VOR/DME RWY 10, Amdt 5B, CANCELLED
Evansville, IN, KEVV, RADAR-1, Amdt 7B
Norwood, MA, Norwood Meml, Takeoff Minimums and Obstacle DP, Amdt 8
Mora, MN, Mora Muni, RNAV (GPS) RWY 35, Orig-D
Hillsboro, ND, 3H4, RNAV (GPS) RWY 16, Amdt 2A
Lincoln Park, NJ, Lincoln Park, Takeoff Minimums and Obstacle DP,
Amdt 2
Middlefield, OH, 7G8, RNAV (GPS) RWY 11, Orig-C
Middlefield, OH, 7G8, RNAV (GPS) RWY 29, Orig-C

[FR Doc. 2021-13995 Filed 6-30-21; 8:45 am]
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[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49097-49099]
[FR Doc No: 2018-21141]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-3304]

The Special 510(k) Program; Draft Guidance for Industry and Food
and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the draft

guidance entitled ``The Special 510(k) Program.'' FDA established the
Special 510(k) Program to facilitate the submission, review, and
clearance of changes to a manufacturer's own legally marketed predicate
device. This draft guidance, when finalized, will provide the framework
that FDA will use when considering whether a premarket notification
(510(k)) is appropriate for review as a Special 510(k). This draft
guidance is not final nor is it in effect at this time.

DATES: Submit either electronic or written comments on the draft
guidance by November 27, 2018 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-3304 for ``The Special 510(k) Program.'' Received comments
will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the draft guidance document entitled
``The Special 510(k) Program'' to the Office of the Center Director,
Guidance and Policy Development, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
66, Rm. 5431, Silver Spring, MD 20993-0002; or the Office of
Communication, Outreach, and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your request.

FOR FURTHER INFORMATION CONTACT: Joshua Silverstein, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 1615, Silver Spring, MD 20993-0002, 301-
796-5155; Angela DeMarco, Center for Devices and Radiological Health,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm.
1611, Silver Spring, MD 20993-0002,<PHONE_NUMBER>; or Stephen Ripley,
Center for Biologics Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 20, 1998, FDA issued the guidance document entitled ``The
New 510(k) Paradigm: Alternate Approaches to Demonstrating Substantial
Equivalence in Premarket Notifications,'' which established the Special
510(k) Program. By establishing the Special 510(k) Program, FDA sought
to streamline review of 510(k) submissions by leveraging design control
requirements. The Special 510(k) Program allows manufacturers who are
intending to change their own legally marketed device to utilize risk
analysis and verification and validation activities to facilitate
submission, review, and clearance of the change. While FDA intends to
review Special 510(k)s within 30 days, the Special 510(k) Program does
not alter any statutory or regulatory requirements related to the
premarket notification process under sections 510 and 513 of the FD&C
Act (21 U.S.C. 360 and 360c) and 21 CFR part 807, subpart E.
    To improve the efficiency of 510(k) review, FDA believes that an
update to the Special 510(k) Program both clarifies existing policy and
expands on device changes appropriate for the Program. This draft
guidance, when finalized, will explain the updated factors FDA intends
to use when considering

whether a 510(k) is appropriate for review as a Special 510(k). In
general, a change to an existing device may be appropriate for a
Special 510(k) when: (1) The proposed change is made and submitted by
the manufacturer authorized to market the existing device; (2)
performance data are unnecessary, or if performance data are necessary,
well-established methods are available to evaluate the change; and (3)
all performance data necessary to support substantial equivalence can
be reviewed in a summary or risk analysis format.
    When finalized, this guidance will supersede the Special 510(k)
policy in the 1998 guidance entitled ``The New 510(k) Paradigm:
Alternate Approaches to Demonstrating Substantial Equivalence in
Premarket Notifications.''

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``The Special
510(k) Program.'' It does not establish any rights for any person and
is not binding on FDA or the public. You can use an alternative
approach if it satisfies the requirements of the applicable statutes
and regulations. This guidance is not subject to Executive Order 12866.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by downloading an electronic copy from the internet. A search
capability for all Center for Devices and Radiological Health guidance
documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. This
guidance document is also available at https://www.regulations.gov or
https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm. Persons unable to
download an electronic copy of ``The Special 510(k) Program'' may send
an email request to [email protected] to receive an electronic
copy of the document. Please use the document number 18008 to identify
the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in
the following FDA regulations have been approved by OMB as listed in
the following table:

------------------------------------------------------------------------
 21 CFR part; guidance; or FDA                              OMB control
              form                        Topic                 No.
------------------------------------------------------------------------
807, subpart E.................  Premarket Notification.       0910-0120
801............................  Medical Device Labeling       0910-0485
                                  Regulations.
820............................  Current Good                  0910-0073
                                  Manufacturing Practice
                                  (CGMP); Quality System
                                  (QS) Regulation.
------------------------------------------------------------------------

    Dated: September 24, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-21141 Filed 9-27-18; 8:45 am]
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