[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Rules and Regulations]
[Pages 49686-49688]
[FR Doc No: 2014-19987]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2014-0708]
RIN 1625-AA87

Security Zone: Martha's Vineyard, Massachusetts

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two 1000-yard temporary
security zones around the President of the United States (POTUS) and/or
the first family in conjunction with their visit to Martha's Vineyard,
Massachusetts. Vessels and people will be prohibited from entering
these security zones during the effective period.
    These security zones will be effective from 30 minutes prior to the
arrival of the POTUS and/or the first family within 1000 yards of
navigable waters of the U.S. in the the coastal areas of Chilmark and
Edgartown Great Pond, Martha's Vineyard, Massachusetts, until departure
of the POTUS and/or the first family from the area. These security
zones are needed to safeguard the POTUS and the first family from
potential threats or harm. Entry into these zones by any vessel or
person is prohibited unless specifically authorized by the Captain of
the Port (COTP) or the COTP's designated on-scene representative.

DATES: This rule is effective without actual notice from August 22,
2014 until August 24, 2014 at 5:00 p.m. For the purposes of
enforcement, actual notice will be used from the date the rule was
signed, August 7, 2014, until August 22, 2014.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2014-0708 and are available online
by going to http://www.regulations.gov, inserting USCG-2014-0708 in the
''Keyword'' box, and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Mr. Edward G. LeBlanc at Sector
Southeastern New England; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedure Act
CFR Code of Federal Register
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
POTUS President of the United States
USC United States Code
USCG United States Coast Guard

A. Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because of the sensitive security issues
related to the POTUS and first family. Providing a public notice and
comment period is contrary to national security concerns and the public
interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay encountered in this
temporary rule's effective date would be contrary to the public
interest given the immediate need to ensure the safety and security of
the POTUS and first family during their visit to Martha's Vineyard,
Massachusetts, from August 08, 2014 through August 24, 2014.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland
Security Delegation No. 0170.1.
    The POTUS and first family will visit Martha's Vineyard,
Massachusetts, from August 08, 2014 through August 24, 2014. It is
expected they will reside and/or participate in activities on property
that borders navigable waters within the Captain of the Port,
Southeastern New England zone. The U.S. Secret Service has requested
that the Coast Guard provide 1000-yard waterside security zones around
the POTUS and the first family. These security zones are intended to
provide security for the POTUS and first family by preventing vessels
and persons from approaching the location of the POTUS and first family
without prior authorization from the U.S. Secret Service.

C. Discussion of Rule

    This temporary rule establishes 1000-yard security zones in the
navigable waters in the vicinity of the POTUS and first family during
their visit to Martha's Vineyard, Massachusetts, from August 08-24,
2014. Vessels and persons will be prohibited from entering these
security zones whenever they are enforced due to the presence of the
POTUS and/or first family.
    This rule is effective from 8:00 a.m. on Friday, August 08, 2014
through 5:00 p.m. on Sunday, August 24, 2014.
    This action is intended to temporarily prohibit vessels or people
from approaching within 1000 yards of the POTUS and/or first family
while they are in or near the navigable waters of the U.S. during their
visit to Martha's Vineyard, Massachusetts.
    The Captain of the Port, Southeastern New England, anticipates
negligible negative impact on vessel traffic from these temporary
security zones, as they will be in effect for only sixteen days, and
will only be enforced while the POTUS and/or first family are in the
vicinity of the navigable waters of the U.S. at Martha's Vineyard,
Massachusetts. It has been determined that the necessary security
enhancements provided by this rule

greatly outweigh any potential negative impacts.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders relating to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard expects the economic impact of this rule to be so
minimal that a full regulatory evaluation under the regulatory policies
and procedures of DHS is unnecessary. The effect of this rule will not
be significant as the duration of the security zones is for only
sixteen days, and will only be in effect while the POTUS and/or first
family are in the vicinity of the navigable waters of the U.S. at
Martha's Vineyard, Massachusetts.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule may affect the following entities, some of which may be
small entities: the owners and operators of vessels intending to
transit in the vicinity of Martha's Vineyard, Massachusetts from 8:00
a.m. on Friday, August 8, 2014 through 5:00 p.m. on Sunday, August 24,
2014. The security zones will not have a significant impact on a
substantial number of small entities for the following reasons: The
security zones are temporary and effective only while the POTUS and/or
first family are in the vicinity of the navigable waters of the U.S. at
Martha's Vineyard, Massachusetts. Thus, the temporary nature and
limited effective period of the zones, coupled with the ability of the
maritime public to maneuver around the zones, will allow small entities
to plan and conduct their business accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If you
think your small business or organization would be affected by this
rule and you have any questions concerning its provisions or options
for compliance, please call Mr. Edward G. Leblanc at<PHONE_NUMBER>.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not

require a Statement of Energy Effects under Executive Order 13211.

13. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g) of the Instruction. This rule fits the category selected from
paragraph (34)(g), as it establishes temporary security zones for a
limited period of time. An environmental analysis checklist and a
categorical exclusion determination will be available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0708 to read as follows:

Sec.  165.T01-0708  Security Zone: Martha's Vineyard, Massachusetts.

    (a) Location. The following areas are security zones: All navigable
waters, from surface to bottom, within 1000 yards of the POTUS and/or
first family while underway in, or on shore but within 1000 yards of,
the navigable waters of the U.S. in the coastal areas of Chilmark and
Edgartown Great Pond, Martha's Vineyard, Massachusetts.
    (b) Notification. Coast Guard Sector Southeastern New England will
give actual notice to mariners for the purpose of enforcement of these
temporary security zones.
    (c) Effective and Enforcement Period. This rule is effective for
purposes of enforcement from 8:00 a.m. on Friday, August 8, 2014
through 5:00 p.m. on Sunday, August 24, 2014. This rule will be
enforced with actual notice during the effective period.
    (d) Regulations. (1) The general regulations contained in 33 CFR
165.33 apply.
    (2) In accordance with the general regulations in Sec.  165.33 of
this part, entry into or movement within these zones is prohibited
unless authorized by the Captain of the Port or his designated
representatives.
    (3) The ``designated representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
Captain of the Port to act on his behalf. The on-scene representative
may be on a Coast Guard vessel, or onboard a federal, state, or local
agency vessel that is authorized to act in support of the Coast Guard.
    (4) Upon being hailed by a U.S. Coast Guard vessel or his
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed.
    (5) Vessel operators desiring to enter or operate within these
security zones shall contact the Captain of the Port or his designated
representative via VHF channel 16 to obtain permission to do so.

    Dated: August 7, 2014.
J. T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port, Southeastern New
England.
[FR Doc. 2014-19987 Filed 8-21-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59068-59069]
[FR Doc No: 2022-21143]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-2916-000]

Mesquite Solar 5, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Mesquite Solar 5, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 13, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number

field to access the document. At this time, the Commission has
suspended access to the Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact the Federal Energy Regulatory Commission
at [email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.

    Dated: September 23, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-21143 Filed 9-28-22; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Please extend the comment period.  75 days is not enough.

Thank you.


[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51947-51949]
[FR Doc No: 2016-18567]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78449; File No. SR-BOX-2016-26]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend the BOX Rules Regarding Participants and Associated Persons Who
Are or Become Subject to a Statutory Disqualification

August 1, 2016.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 25, 2016, BOX Options Exchange LLC (the ``Exchange'') 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 self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the BOX Rules regarding Participants
and associated persons who are or become subject to a statutory
disqualification. The text of the proposed rule change is available
from the principal office of the Exchange, at the Commission's Public
Reference Room and also on the Exchange's Internet Web site at http://boxexchange.com.

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

    In its filing with the Commission, the self-regulatory organization
included

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

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

1. Purpose
    The purpose of the proposed rule change is to amend Rule 2040
(Restrictions) to add language which provides the Exchange with the
discretion to determine whether to permit a person to become an Options
Participant or an associated person of a Participant or continue as a
Participant or in association with a Participant on the Exchange.
    Currently, Rule 2040 restricts any persons from becoming an Options
Participant or continuing as an Options Participant where (1) such
person is other than a natural person and is not a registered broker or
dealer, (2) such person is a natural person who is not either a
registered broker or dealer or associated with a registered broker or
dealer, (3) such person is subject to a statutory disqualification,\3\
except that a person may become a Participant or continue as a
Participant where, pursuant to Rules 19d-1, 19d-2, 19d-3 and 19h-1 of
the Act, the Commission has issued an order providing relief from such
a disqualification and permitting such a person to become a
Participant, or (4) such person is not a member of another registered
national securities exchange or association.
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    \3\ The Exchange uses the Securities Exchange Act of 1934
definition of statutory disqualification. See 15 U.S.C. 78c(a)(39).
---------------------------------------------------------------------------

    The Exchange notes that the proposed rule changes below are
substantially similar to the Rules of the International Securities
Exchange (``ISE'').\4\ The Exchange first proposes to amend the
language of Rule 2040 to give itself the discretion to determine if a
restriction on a Participant becoming or continuing on as an Options
Participant is appropriate.
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    \4\ See Securities Exchange Release No. 42455, 65 FR 11401
(March 2, 2000) (Order Granting Registration as a National
Securities Exchange).
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    The Exchange then proposes to amend BOX Rule 2040(a)(3).
Specifically, the Exchange proposes to add a reference to Section
3(a)(39) of the Exchange Act for the definition of statutory
disqualification within BOX Rule 2040(a)(3). The Exchange also proposes
to delete the language that allows a person to become a Participant or
continue as a Participant where, pursuant to Rules 19d-1, 19d-2, 19d-3
and 19h-1 of the Act, the Commission has issued an order providing
relief from such a disqualification and permitting such a person to
become a Participant. The Exchange believes that this language is
obsolete.
    The Exchange then proposes to add three more situations with regard
to whether a person may become a Participant or continue as a
Participant in any capacity on the Exchange. The additional
restrictions are (1) when such person fails to meet any of the
qualification requirements for becoming a Participant or associated
with a Participant after approval thereof; (2) such person fails to
meet any condition placed by the Exchange on such Participant or
association with a Participant; and (3) such person violates any
agreement with the Exchange. The Exchange proposes these additions in
order to allow the Exchange more discretion in its determination as to
whether a person may become or continue as a Participant or in
association with a Participant.
    The Exchange also proposes to add language with regard to a
Participant or associated person that becomes subject to a statutory
disqualification under the Exchange Act. The proposed rule would allow
a Participant or associated person who becomes subject to a statutory
disqualification and who wants to continue as a Participant of the
Exchange or in association with a Participant, to submit a request to
the Exchange seeking to continue as a Participant or in association
with a Participant notwithstanding the statutory disqualification.\5\
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    \5\ The Participant or person associated with a Participant must
submit the request within thirty (30) days of becoming subject to a
statutory disqualification.
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    The Exchange also proposes to add language which allows
Participants and associated persons whose request to become a
Participant is denied or conditioned, or any person whose association
with a Participant is denied or conditioned pursuant to the
restrictions codified in Rule 2040(a), and any Participant or person
associated with a Participant who is not permitted to continue as a
Participant or be an associate with a Participant or to which
association is conditioned to appeal the Exchange's decision under Rule
1300 (Review of Certain Exchange Actions) of the Rules.
    Lastly, the Exchange proposes to add Interpretive Material which
allows the Exchange to waive the provisions of Rule 2040 when a
proceeding is pending before another self-regulatory organization
(``SRO'') or similar association to determine whether to permit a
Participant or associated person to become or continue being
Participant or associated person notwithstanding a statutory
disqualification. The Exchange notes that this proposed rule change is
substantially similar to the comparable Rules of the Chicago Board
Options Exchange (``CBOE'').\6\ Further, in the event the Exchange
determines to waive the provisions of this Rule with respect to a
Participant or associated person, the Exchange shall determine whether
the Exchange will concur in any Exchange Act Rule 19h-1 filing made by
another SRO or similar association with respect to the Participant or
associated person.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Release No. 43056, 65 FR 46524 (July
28, 2000) (Order Approving Proposed Rule Change and Notice of Filing
and Order Granting Accelerated Approval to Amendment No. 3 to the
Proposed Rule Change by the Chicago Board Options Exchange, Inc.
Relating to Membership Rules) (SR-CBOE-99-15).
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of section 6(b) of the Act,\7\ in general, and section
6(b)(5) of the Act,\8\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule changes are consistent
with the requirements above. Specifically, the Exchange believes the
proposed changes will better enable the Exchange to use its discretion
in determining whether a person may become or continue as a Participant
or associated person. Because of the discretionary language and
additional restrictions, the Exchange may consider additional
circumstances when determining whether a person may become or continue
as a Participant or associated person on the Exchange.
    The Exchange believes that Proposed Rule 2040(c) regarding any
person or Participant's ability to appeal a denied

or conditioned request to become or continue as a Participant or to
associate with a Participant is reasonable because it provides a fair
procedure for the Participants and persons associated with Participants
pursuant to Rule 11000 (Summary Suspension).
    The Exchange also believes the proposed rule change regarding the
waiver of the provisions of Rule 2040 will better enable the Exchange
to focus Exchange resources on other matters while another SRO or
similar association is determining whether to permit a Participant or
associated person to become or continue being a Participant or
associated person on the exchange.
    Lastly, the Exchange believes that amending the language in BOX
Rule 2040(a)(3) is appropriate, as the added language which defers to
the Exchange Act for a particular definition, will add clarity to the
rules. Further, the Exchange believes is it reasonable to remove
obsolete language in BOX Rule 2040(a)(3) because the Exchange is
eliminating any potential for confusion by simplifying the Exchange
Rules, ensuring that Participants, regulators, and the public can more
easily navigate the Exchange's Rulebook.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    (a) This proposed rule change is filed pursuant to paragraph (A) of
section 19(b)(3) of the Exchange Act \9\ and Rule 19b-4(f)(6)
thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    (b) This proposed rule change does not significantly affect the
protection of investors or the public interest, does not impose any
significant burden on competition, and, by its terms, does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate, it has become effective pursuant
to section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.
    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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2016-26 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-BOX-2016-26. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, on official
business days between the hours of 10:00 a.m. and 3:00 p.m., located at
100 F Street NE., Washington, DC 20549. Copies of such filing also will
be available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.
    All submissions should refer to File Number SR-BOX-2016-26 and
should be submitted on or before August 26, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-18567 Filed 8-4-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29811-29812]
[FR Doc No: 2013-12067]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0062; Notice 1]

Receipt of Petition for Decision that Nonconforming 2002 BMW
R1100S Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt.

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

SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2002 BMW R1100S Motorcycles that were not originally manufactured to
comply with all applicable Federal Motor Vehicle Safety Standards
(FMVSS) are eligible for importation into the United States because (1)
they are substantially similar to vehicles that were originally
manufactured for sale in the United States and that were certified by
their manufacturer as complying with the safety standards, and (2) they
are capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is June 20, 2013.

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

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

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for sale in the United States, certified under
49 U.S.C. 30115, and of the same model year as the model of the motor
vehicle to be compared, and is capable of being readily altered to
conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    Wallace Environmental Testing Laboratories, Inc (``WETL''), of
Houston, Texas (Registered Importer R-09-005) has petitioned NHTSA to
decide whether non-U.S. certified 2002 BMW R1100S motorcycles are
eligible for importation into the United States. The vehicles that WETL
believes are substantially similar are 2002 BMW R1100S motorcycles that
were manufactured for sale in the United States and certified by their
manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it carefully compared non-U.S. certified
2002 BMW R1100S motorcycles to their U.S. certified counterparts, and
found the vehicles to be substantially similar with respect to
compliance with most FMVSS.
    WETL submitted information with its petition intended to
demonstrate that non-U.S. certified 2002 BMW R1100S motorcycles, as
originally manufactured, conform to many FMVSS in the same manner as
their U.S. certified counterparts, or are capable of being readily
altered to conform to those standards. Specifically, the petitioner
claims that non-U.S. certified 2002 BMW R1100S motorcycles are
identical to their U.S. certified counterparts with respect to
compliance with Standard Nos. 106 Brake Hoses, 116 Brake Fluid, 119 New
Pneumatic Tires for Vehicles other than Passenger Cars, 122 Motorcycle
Brake Systems, 205 Glazing Materials.
    The petitioner further contends that the vehicles are capable of
being readily altered to meet the following standards, in the manner
indicated below:
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: installation of the following U.S.-model components: front
amber reflectors, rear red reflectors, front directional lamp, front
running lights, and rear stop lamp.
    Standard No. 111 Rearview Mirrors: installation of U.S.-model
mirrors.
    Standard No. 120 Tire Selection and Rims for Vehicles other than
Passenger Cars: installation of a tire information placard.
    Standard No. 123 Motorcycle Controls and Displays: installation of
a U.S.-model speedometer/odometer unit.

    Wallace further states that labels will be affixed to conform to
requirements of 49 CFR Part 567 Certification.
    All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.

    Authority:  49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.95 and 501.8.

    Issued On: May 14, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-12067 Filed 5-20-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: November 18, 2010 (Volume 75, Number 222)]
[Notices]
[Page 70752]
[DOCID:fr18no10-94]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR08-12-002]

ONEOK WesTex Transmission, LLC; Notice of Motion for Extension of
Rate Case Filing Deadline

November 10, 2010.
    Take notice that on November 2, 2010, ONEOK WesTex Transmission,
LLC (OWT) filed a request to extend the date for filing its next rate
case to January 3, 2013. OWT states that in Order No. 735 the
Commission modified its policy concerning periodic reviews of rates
charges by section 311 and Hinshaw pipelines to extend the cycle for
such reviews from three to five years.\1\ Therefore, OWT requests that
the date for OWT's next rate filing be extended to January 3, 2013,
which is five years from the date of OWT's most recent rate filing with
this Commission.
---------------------------------------------------------------------------

    \1\ Contract Reporting Requirements of Intrastate Natural Gas
Companies, Order No. 735, 131 FERC ] 61,150 (May 20, 2010).
---------------------------------------------------------------------------

    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Monday, November 15, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-29065 Filed 11-17-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Pages 23351-23352]
[FR Doc No: 2014-09669]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2013-0677; FRL-9909-77]

Receipt of Test Data Under the Toxic Substances Control Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is announcing its receipt of test data submitted pursuant
to a test rule issued by EPA under the Toxic Substances Control Act
(TSCA). As required by TSCA, this document identifies each chemical
substance and/or mixture for which test data have been received; the
uses or intended uses of such chemical substance and/or mixture; and
describes the nature of the test data received. Each chemical substance
and/or mixture related to this announcement is identified in Unit I.
under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Kathy Calvo, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8089; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Chemical Substances and/or Mixtures

    Information about the following chemical substance and/or mixture
is provided in Unit IV.:
     Propanoic acid, 2-methyl-, 3-(benzoyloxy)-2, 2, 4-
trimethylpentyl ester (CASRN 22527-63-5).

II. Authority

    Section 4(d) of TSCA (15 U.S.C. 2603(d)) requires EPA to publish a
notice in the Federal Register reporting the receipt of test data
submitted pursuant to test rules promulgated under TSCA section 4 (15
U.S.C. 2603).

III. Docket Information

    A docket, identified by the docket identification (ID) number EPA-
HQ-OPPT-2013-0677, has been established for this Federal Register
document that announces the receipt of data. The test data received
have been added to the docket for the TSCA section 4 test rule that
required the test data. Use the document ID number provided in Unit IV.
to access the test data in the docket for the related TSCA section 4
test rule.
    The docket for this Federal Register document and the docket for
each related TSCA section 4 test rule is available electronically at
http://www.regulations.gov or in person at the Office of Pollution
Prevention and Toxics Docket (OPPT Docket), Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW., Washington,

DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
OPPT Docket is<PHONE_NUMBER>. Please review the visitor instructions
and additional information about the docket available at http://www.epa.gov/dockets.

IV. Test Data Received

    This unit contains the information required by TSCA section 4(d)
for the test data received by EPA.
    Propanoic acid, 2-methyl-, 3-(benzoyloxy)-2, 2, 4-trimethylpentyl
ester (CASRN 22527-63-5)
    1. Chemical Use: Plasticizer.
    2. Applicable Test Rule: Chemical testing requirements for third
group of high production volume chemicals (HPV3), 40 CFR 799.5089.
    3. Test Data Received: The following listing describes the nature
of the test data received. The test data have been added to the docket
for the applicable TSCA section 4 test rule and can be found by
referencing the document ID numbers provided. EPA reviews of test data
will be added to the same docket upon completion.
    Health Effect. Combined Repeated Dose Toxicity with Reproduction/
Development Toxicity Screening: Oral. The document ID number assigned
to this data is EPA-HQ-OPPT-2009-0112-0238.

List of Subjects

    Environmental protection, Hazardous substances, Reporting and
Recordkeeping requirements.

    Dated: April 17, 2014.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
[FR Doc. 2014-09669 Filed 4-25-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30916-30918]
[FR Doc No: 2019-13794]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0379]
RIN 1625-AA00

Safety Zone; Vallejo Independence Day Fireworks Display; Mare
Island Strait, Vallejo, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Mare Island Strait near the Vallejo Ferry Terminal
in support of the Vallejo Independence Day Fireworks Display on July 4,
2019. This safety zone is necessary to protect personnel, vessels, and
the marine environment from the dangers associated with pyrotechnics.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zone without permission
of the Captain of the Port or a designated representative.

DATES: This rule is effective from 8 a.m. to 10:18 p.m. on July 4,
2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0379 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Jennae Cotton, Waterways
Management, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port San Francisco
CFR Code of Federal Regulations
DHS Department of Homeland Security
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Since the Coast Guard received notice of
this event on May 1, 2019, notice and comment procedures would be
impracticable in this instance.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For similar reasons as stated
above, notice and comment procedures would be impractical in this
instance due to the short notice provided for this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco (COTP) has determined that potential hazards associated with
the Vallejo Independence Day Fireworks Display on July 4, 2019, will be
a safety concern for anyone within a 100-foot radius of the fireworks
barge during loading, staging, and transit, and anyone within a 420-
foot radius of the fireworks barge starting 30 minutes before the
fireworks display is scheduled to commence and ending 30 minutes after
the conclusion of the fireworks display. For this reason, a safety zone
is needed to protect personnel, vessels, and the marine environment in
the navigable waters around the fireworks barge during the fireworks
display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. until 10:18 p.m. on
July 4, 2019 during the loading, staging, and transit of the fireworks
barge, until approximately 30 minutes after completion of the fireworks
display. From 8 a.m. to 9 p.m. on July 4, 2019, during the loading,
staging, and transit of the fireworks barge until 30 minutes prior to
the start of the fireworks display, the safety zone will encompass the
navigable waters around and under the fireworks barge, from surface to
bottom, within a circle formed by connecting all points 100 feet out
from the fireworks barge. Loading the pyrotechnics onto the fireworks
barge is scheduled from 8 a.m. to 4 p.m. on July 4, 2019, at the Mare
Island Waterfront in Vallejo, CA. From 4 p.m. until 8:50 p.m. on July
4, 2019, the barge will remain at the Mare Island Waterfront. From 8:50
p.m. to 9 p.m. on July 4, 2019, the fireworks barge will be towed from
the Mare Island Waterfront to the display location, where it will
remain until the conclusion of the fireworks display.
    At 9 p.m. on July 4, 2019, 30 minutes prior to the commencement of
the 18-minute Vallejo Independence Day Fireworks Display, the safety
zone will increase in size and encompass the navigable waters around
and under the fireworks barge, from surface to bottom, within a circle
formed by connecting all points 420 feet from the circle center at
approximate position 38[deg]06'03'' N, 122[deg]16'00'' W (NAD 83). The
safety zone will terminate at 10:18 p.m. on July 4, 2019.
    The effect of the safety zone is to restrict navigation in the
vicinity of the fireworks loading, staging, transit, and firing site.
Except for persons or vessels authorized by the COTP or the COTP's
designated representative, no person or vessel may enter or remain in
the restricted areas. These regulations are needed to keep spectators
and vessels away from the immediate vicinity of the fireworks firing
sites to ensure the safety

of participants, spectators, and transiting vessels.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterway users will be notified via public Notice to Mariners
to ensure the safety zone will result in minimum impact. The entities
most likely to be affected are waterfront facilities, commercial
vessels, and pleasure craft engaged in recreational activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing, if these facilities or vessels are in the
vicinity of the safety zone at times when this zone is being enforced.
This rule will not have a significant economic impact on a substantial
number of small entities for the following reasons: (i) This rule will
encompass only a small portion of the waterway for a limited period of
time, and (ii) the maritime public will be advised in advance of these
safety zones via Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone of limited size and
duration. It is categorically excluded from further review under
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T11-978 to read as follows:

Sec.  165.T11-978  Safety Zone; Vallejo Independence Day Fireworks
Display, Mare Island Strait, Vallejo, CA.

    (a) Location. The following area is a safety zone: from 8 a.m. on
July 4, 2019 until 9 p.m. on July 4, 2019 the safety zone will
encompass all navigable waters of Mare Island Strait, from surface to
bottom, within a circle formed by connecting all points 100 feet out
from the fireworks barge during the loading and staging at the Mare
Island Waterfront as well as during transit to and arrival at the
display location in Vallejo, CA. Between 9 p.m. on July 4, 2019 until
10:18 p.m. on July 4, 2019, the safety zone will expand to all
navigable waters, from surface to bottom, within a circle formed by
connecting all points 420 feet out from the fireworks barge in
approximate position 38[deg]06'03'' N, 122[deg]16'00'' W (NAD 83).
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zones on VHF-23A or through the 24-hour Command Center at
telephone<PHONE_NUMBER>.
    (d) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from 8 a.m. on July 4, 2019 until 10:18 p.m.
on July 4, 2019. The Captain of the Port San Francisco will notify the
maritime community of periods during which these zones will be enforced
via Notice to Mariners in accordance with Sec.  165.7.

    Dated: June 18, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-13794 Filed 6-27-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22592-22595]
[FR Doc No: 2017-09790]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32632; 812-14713]

Sierra Total Return Fund, et al.

May 10, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) of the Act, under sections 6(c) and 23(c)(3)
of the Act for an exemption from rule 23c-3 under the Act, and for an
order pursuant to section 17(d) of the Act and rule 17d-1 under the
Act.
    Summary of Application: Applicants request an order to permit
certain registered closed-end management investment companies to issue
multiple classes of shares and to impose asset-based distribution and
shareholder service fees and early withdrawal charges.
    Applicants: Sierra Total Return Fund (``STRF''), STRF Advisors LLC
(``STRF Advisors''), Sierra Opportunity Fund (``SOF''), and SOF
Advisors LLC (``SOF Advisors'').
    Filing Dates: The application was filed on October 31, 2016 and
amended on March 8, 2017 and April 18, 2017.
    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 June 5, 2017, and should be accompanied by proof of

service on the applicants, in the form of an affidavit, or, for
lawyers, a certificate of service. Pursuant to rule 0-5 under the Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants: 280 Park Ave., 6th
Floor East, New York, NY 10017.

FOR FURTHER INFORMATION CONTACT: Hae-Sung Lee, Attorney-Adviser, at
(202) 551-7345, or Robert H. Shapiro, 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. STRF is a Delaware statutory trust that is registered under the
Act as a continuously offered, non-diversified, closed-end management
investment company. STRF's primary investment objective is to seek
total return through a combination of current income and long-term
capital appreciation by investing in a portfolio of debt securities and
equities.
    2. STRF Advisors is a Delaware limited liability company and is
registered as an investment adviser under the Investment Advisers Act
of 1940 (``Advisers Act''). STRF Advisors serves as investment adviser
to STRF.
    3. SOF is a Delaware statutory trust that is registered under the
Act as a continuously offered, non-diversified, closed-end management
investment company. SOF's primary investment objective is to generate
current income and, as a secondary objective, long-term capital
appreciation.
    4. SOF Advisors is a Delaware limited liability company and is
registered as an investment adviser under the Advisers Act. SOF
Advisors serves as investment adviser to SOF.
    5. The applicants seek an order to permit the Funds (as defined
below) to issue multiple classes of shares, each having its own fee and
expense structure and to impose early withdrawal charges and asset-
based distribution and shareholder service fees with respect to certain
classes.
    6. Applicants request that the order also apply to any
continuously-offered registered closed-end management investment
company that has been previously organized or that may be organized in
the future for which STRF Advisors, SOF Advisors or any entity
controlling, controlled by, or under common control with STRF Advisors
and SOF Advisors, or any successor in interest to any such entity,\1\
acts as investment adviser and which operates as an interval fund
pursuant to rule 23c-3 under the Act or provides periodic liquidity
with respect to its shares pursuant to rule 13e-4 under the Securities
Exchange Act of 1934 (``Exchange Act'') (each, a ``Future Fund'' and
together with STRF and SOF, the ``Funds'').\2\
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    \1\ A successor in interest is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \2\ Any Fund relying on this relief in the future will do so in
a manner consistent with the terms and conditions of the
application. Applicants represent that each entity presently
intending to rely on the requested relief is listed as an applicant.
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    7. Each Fund intends to engage in a continuous offering of its
shares of beneficial interest. Applicants state that additional
offerings by any Fund relying on the order may be on a private
placement or public offering basis. Shares of the Funds will not be
listed on any securities exchange nor publicly traded. There is
currently no secondary market for the Funds' shares and the Funds
expect that no secondary market will develop.
    8. If the requested relief is granted, STRF and SOF will offer
Class A, Class T, Class I, Class S, and Class L shares, with each class
having its own fee and expense structure, and may also offer additional
classes of shares in the future. Because of the different distribution
and/or shareholder services fees, services and any other class expenses
that may be attributable to each of STRF's and SOF's Class A, Class T,
Class I, Class S, and Class L shares, the net income attributable to,
and the dividends payable on, each class of shares may differ from each
other.
    9. Applicants state that, from time to time, the Funds may create
additional classes of shares, the terms of which may differ from Class
A, Class T, Class I, Class S, and Class L shares in the following
respects: (i) The amount of fees permitted by different distribution
plans or different shareholder services fee arrangements; (ii) voting
rights with respect to a distribution and/or shareholder services plan
of a class; (iii) different class designations; (iv) the impact of any
class expenses directly attributable to a particular class of shares
allocated on a class basis as described in the application; (v) any
differences in dividends and net asset value resulting from differences
in fees under a distribution and/or shareholder services plan or in
class expenses; (vi) any early withdrawal charge or other sales load
structure; and (vii) exchange or conversion privileges of the classes
as permitted under the Act.
    10. Applicants state that each of STRF and SOF has adopted a
fundamental policy to repurchase a specified percentage of its shares
(no less than 5% and not more than 25%) at net asset value on a
quarterly basis and on an annual basis, respectively. Such repurchase
offers will be conducted pursuant to rule 23c-3 under the Act. Each of
the other Funds will likewise adopt fundamental investment policies in
compliance with rule 23c-3 and make repurchase offers to its
shareholders at periodic intervals and/or provide periodic liquidity
with respect to its shares pursuant to rule 13e-4 under the Exchange
Act.\3\ Any repurchase offers made by the Funds will be made to all
holders of shares of each such Fund.
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    \3\ Applicants submit that rule 23c-3 and Regulation M under the
Exchange Act permit an interval fund to make repurchase offers to
repurchase its shares while engaging in a continuous offering of its
shares pursuant to Rule 415 under the Securities Act of 1933, as
amended.
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    11. Applicants represent that any asset-based shareholder services
and distribution fees for each class of shares will comply with the
provisions of FINRA Rule 2341(d) (``FINRA Sales Charge Rule'').\4\
Applicants also represent that each Fund will disclose in its
prospectus the fees, expenses and other characteristics of each class
of shares offered for sale by the prospectus, as is required for open-
end multiple class funds under Form N-1A.\5\ As is required for open-
end funds, each Fund will disclose its expenses in shareholder reports,
and describe any arrangements that result in breakpoints in or
elimination of sales loads in its prospectus.\6\ In addition,
applicants will

comply with applicable enhanced fee disclosure requirements for fund of
funds, including registered funds of hedge funds.\7\
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    \4\ All references in the application to the FINRA Sales Charge
Rule include any Financial Industry Regulatory Authority successor
or replacement rule to the FINRA Sales Charge Rule.
    \5\ In all respects other than class-by-class disclosure, each
Fund will comply with the requirements of Form N-2.
    \6\ See Shareholder Reports and Quarterly Portfolio Disclosure
of Registered Management Investment Companies, Investment Company
Act Release No. 26372 (Feb. 27, 2004) (adopting release) (requiring
open-end investment companies to disclose fund expenses in
shareholder reports); and Disclosure of Breakpoint Discounts by
Mutual Funds, Investment Company Act Release No. 26464 (June 7,
2004) (adopting release) (requiring open-end investment companies to
provide prospectus disclosure of certain sales load information).
    \7\ Fund of Funds Investments, Investment Company Act Rel. Nos.
26198 (Oct. 1, 2003) (proposing release) and 27399 (Jun. 20, 2006)
(adopting release). See also Rules 12d1-1, et seq. of the Act.
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    12. Each of the Funds will comply with any requirements that the
Commission or FINRA may adopt regarding disclosure at the point of sale
and in transaction confirmations about the costs and conflicts of
interest arising out of the distribution of open-end investment company
shares, and regarding prospectus disclosure of sales loads and revenue
sharing arrangements, as if those requirements applied to the Fund. In
addition, each Fund will contractually require that any distributor of
the Fund's shares comply with such requirements in connection with the
distribution of such Fund's shares.
    13. Each Fund will allocate all expenses incurred by it among the
various classes of shares based on the net assets of the Fund
attributable to each class, except that the net asset value and
expenses of each class will reflect distribution fees, shareholder
service fees, and any other incremental expenses of that class.
Expenses of the Fund allocated to a particular class of shares will be
borne on a pro rata basis by each outstanding share of that class.
Applicants state that each Fund will comply with the provisions of rule
18f-3 under the Act as if it were an open-end investment company.
    14. Applicants state that each Fund may impose an early withdrawal
charge on shares submitted for repurchase that have been held less than
a specified period and may waive the early withdrawal charge for
certain categories of shareholders or transactions to be established
from time to time. Applicants state that each of the Funds will apply
the early withdrawal charge (and any waivers or scheduled variations of
the early withdrawal charge) uniformly to all shareholders in a given
class and consistently with the requirements of rule 22d-1 under the
Act as if the Funds were open-end investment companies.
    15. Each Fund operating as an interval fund pursuant to rule 23c-3
under the Act may offer its shareholders an exchange feature under
which the shareholders of the Fund may, in connection with the Fund's
periodic repurchase offers, exchange their shares of the Fund for
shares of the same class of (i) registered open-end investment
companies or (ii) other registered closed-end investment companies that
comply with rule 23c-3 under the Act and continuously offer their
shares at net asset value, that are in the Fund's group of investment
companies (collectively, ``Other Funds''). Shares of a Fund operating
pursuant to rule 23c-3 that are exchanged for shares of Other Funds
will be included as part of the amount of the repurchase offer amount
for such Fund as specified in rule 23c-3 under the Act. Any exchange
option will comply with rule 11a-3 under the Act, as if the Fund were
an open-end investment company subject to rule 11a-3. In complying with
rule 11a-3, each Fund will treat an early withdrawal charge as if it
were a contingent deferred sales load.

Applicants' Legal Analysis

Multiple Classes of Shares

    1. Section 18(a)(2) of the Act provides that a closed-end
investment company may not issue or sell a senior security that is a
stock unless certain requirements are met. Applicants state that the
creation of multiple classes of shares of the Funds may violate section
18(a)(2) because the Funds may not meet such requirements with respect
to a class of shares that may be a senior security.
    2. Section 18(c) of the Act provides, in relevant part, that a
closed-end investment company may not issue or sell any senior security
if, immediately thereafter, the company has outstanding more than one
class of senior security. Applicants state that the creation of
multiple classes of shares of the Funds may be prohibited by section
18(c), as a class may have priority over another class as to payment of
dividends because shareholders of different classes would pay different
fees and expenses.
    3. Section 18(i) of the Act provides that each share of stock
issued by a registered management investment company will be a voting
stock and have equal voting rights with every other outstanding voting
stock. Applicants state that multiple classes of shares of the Funds
may violate section 18(i) of the Act because each class would be
entitled to exclusive voting rights with respect to matters solely
related to that class.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction or any class or classes of persons,
securities or transactions from any provision of the Act, or from any
rule or regulation under the Act, if and to the extent such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Applicants request an exemption under
section 6(c) from sections 18(a)(2), 18(c) and 18(i) to permit the
Funds to issue multiple classes of shares.
    5. Applicants submit that the proposed allocation of expenses
relating to distribution and voting rights among multiple classes is
equitable and will not discriminate against any group or class of
shareholders. Applicants submit that the proposed arrangements would
permit a Fund to facilitate the distribution of its shares and provide
investors with a broader choice of shareholder services. Applicants
assert that the proposed closed-end investment company multiple class
structure does not raise the concerns underlying section 18 of the Act
to any greater degree than open-end investment companies' multiple
class structures that are permitted by rule 18f-3 under the Act.
Applicants state that each Fund will comply with the provisions of rule
18f-3 as if it were an open-end investment company.

Early Withdrawal Charges

    1. Section 23(c) of the Act provides, in relevant part, that no
registered closed-end investment company shall purchase securities of
which it is the issuer, except: (a) On a securities exchange or other
open market; (b) pursuant to tenders, after reasonable opportunity to
submit tenders given to all holders of securities of the class to be
purchased; or (c) under other circumstances as the Commission may
permit by rules and regulations or orders for the protection of
investors.
    2. Rule 23c-3 under the Act permits a registered closed-end
investment company (an ``interval fund'') to make repurchase offers of
between five and twenty-five percent of its outstanding shares at net
asset value at periodic intervals pursuant to a fundamental policy of
the interval fund. Rule 23c-3(b)(1) under the Act permits an interval
fund to deduct from repurchase proceeds only a repurchase fee, not to
exceed two percent of the proceeds, that is paid to the interval fund
and is reasonably intended to compensate the fund for expenses directly
related to the repurchase.
    3. Section 23(c)(3) provides that the Commission may issue an order
that would permit a closed-end investment company to repurchase its
shares in circumstances in which the repurchase

is made in a manner or on a basis that does not unfairly discriminate
against any holders of the class or classes of securities to be
purchased.
    4. Applicants request relief under section 6(c), discussed above,
and section 23(c)(3) from rule 23c-3 to the extent necessary for the
Funds to impose early withdrawal charges on shares of the Funds
submitted for repurchase that have been held for less than a specified
period.
    5. Applicants state that the early withdrawal charges they intend
to impose are functionally similar to contingent deferred sales loads
imposed by open-end investment companies under rule 6c-10 under the
Act. Rule 6c-10 permits open-end investment companies to impose
contingent deferred sales loads, subject to certain conditions.
Applicants note that rule 6c-10 is grounded in policy considerations
supporting the employment of contingent deferred sales loads where
there are adequate safeguards for the investor and state that the same
policy considerations support imposition of early withdrawal charges in
the interval fund context. In addition, applicants state that early
withdrawal charges may be necessary for the distributor to recover
distribution costs. Applicants represent that any early withdrawal
charge imposed by the Funds will comply with rule 6c-10 under the Act
as if the rule were applicable to closed-end investment companies. The
Funds will disclose early withdrawal charges in accordance with the
requirements of Form N-1A concerning contingent deferred sales loads.

Asset-Based Distribution and Shareholder Service Fees

    1. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
an affiliated person of a registered investment company, or an
affiliated person of such person, acting as principal, from
participating in or effecting any transaction in connection with any
joint enterprise or joint arrangement in which the investment company
participates unless the Commission issues an order permitting the
transaction. In reviewing applications submitted under section 17(d)
and rule 17d-1, the Commission considers whether the participation of
the investment company in a joint enterprise or joint arrangement is
consistent with the provisions, policies and purposes of the Act, and
the extent to which the participation is on a basis different from or
less advantageous than that of other participants.
    2. Rule 17d-3 under the Act provides an exemption from section
17(d) and rule 17d-1 to permit open-end investment companies to enter
into distribution arrangements pursuant to rule 12b-1 under the Act.
Applicants request an order under section 17(d) and rule 17d-1 under
the Act to the extent necessary to permit the Fund to impose asset-
based distribution and shareholder service fees. Applicants have agreed
to comply with rules 12b-1 and 17d-3 as if those rules applied to
closed-end investment companies, which they believe will resolve any
concerns that might arise in connection with a Fund financing the
distribution of its shares through asset-based distribution fees.
    For the reasons stated above, applicants submit that the exemptions
requested under section 6(c) are necessary and appropriate in the
public interest and are consistent with the protection of investors and
the purposes fairly intended by the policy and provisions of the Act.
Applicants further submit that the relief requested pursuant to section
23(c)(3) will be consistent with the protection of investors and will
insure that applicants do not unfairly discriminate against any holders
of the class of securities to be purchased. Finally, applicants state
that the Funds' imposition of asset-based distribution and shareholder
service fees is consistent with the provisions, policies and purposes
of the Act and does not involve participation on a basis different from
or less advantageous than that of other participants.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Each Fund relying on the order will comply with the provisions of
rules 6c-10, 12b-1, 17d-3, 18f-3, 22d-1, and, where applicable, 11a-3
under the Act, as amended from time to time, as if those rules applied
to closed-end management investment companies, and will comply with the
FINRA Sales Charge Rule, as amended from time to time, as if that rule
applied to all closed-end management investment companies.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09790 Filed 5-15-17; 8:45 am]
 BILLING CODE 8011-01-P