[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Notices]
[Pages 1644-1646]
[FR Doc No: 2018-00431]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32965; File No. 812-14784]

Harbor Funds and Harbor Capital Advisors, Inc.

January 9, 2018.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application for an order pursuant to: (a) Section 6(c)
of the Investment Company Act of 1940 (``Act'') granting an exemption
from sections 18(f) and 21(b) of the Act; (b) section 12(d)(1)(J) of
the Act granting an exemption from section 12(d)(1) of the Act; (c)
sections 6(c) and 17(b) of the Act granting an exemption from sections
17(a)(1), 17(a)(2) and 17(a)(3) of the Act; and (d) section 17(d) of
the Act and rule 17d-1 under the Act to permit certain joint
arrangements and transactions. Applicants request an order that would
permit certain registered open-end management investment companies to
participate in a joint lending and borrowing facility.

Applicants: Harbor Funds, a Delaware statutory trust registered under
the Act as an open-end management series investment company, and Harbor
Capital Advisors, Inc. (the ``Adviser''), registered as an investment
adviser under the Investment Advisers Act of 1940.

Filing Dates: The application was filed on June 13, 2017 and amended on
November 15, 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 February 2, 2018 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: 111 South Wacker
Drive, 34th Floor, Chicago, IL 60606.

FOR FURTHER INFORMATION CONTACT: Bruce R. MacNeil, Senior Counsel, at
(202) 551-6817, or David J. Marcinkus, 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 website by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Summary of the Application

    1. Applicants request an order that would permit the applicants to
participate in an interfund lending facility where each Fund could lend
money directly to and borrow money directly from other Funds to cover
unanticipated cash shortfalls, such as unanticipated redemptions or
trade fails.\1\ The Funds will not borrow under the facility for
leverage purposes and the loans' duration will be no more than 7
days.\2\
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    \1\ Applicants request that the order apply to the applicants
and to any existing or future registered open-end management
investment company or series thereof for which the Adviser or any
successor thereto or an investment adviser controlling, controlled
by, or under common control with the Adviser or any successor
thereto serves as investment adviser (each a ``Fund'' and
collectively the ``Funds'' and each such investment adviser an
``Adviser''). For purposes of the requested order, ``successor'' is
limited to any entity that results from a reorganization into
another jurisdiction or a change in the type of a business
organization. Certain of the Funds are money market funds that
comply with Rule 2a-7 of the 1940 Act (each a ``Money Market Fund''
and they are included in the term ``Funds''). Although Money Market
Funds are applying for the requested relief, they will not
participate as borrowers because such Funds rarely need to borrow
cash to meet redemptions. All Funds that currently intend to rely on
the requested order have been named as Applicants and any other Fund
that relies on the requested order in the future will comply with
the terms and conditions of the Application.
    \2\ Any Fund, however, will be able to call a loan on one
business day's notice.
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    2. Applicants anticipate that the proposed facility would provide a
borrowing Fund with a source of liquidity at a rate lower than the bank
borrowing rate at times when the cash position of the Fund is
insufficient to meet temporary cash requirements. In addition, Funds
making short-term cash loans directly to other Funds would earn
interest at a rate higher than they otherwise could obtain from
investing their cash in repurchase agreements or certain other short-
term money market instruments. Thus, applicants assert that the
facility would benefit both borrowing and lending Funds.
    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Among others, the Adviser, through a designated committee, would
administer the facility as a disinterested fiduciary as part of its
duties under the investment management agreements with each Fund and
would receive no additional fee as compensation for its services in
connection with the administration of the facility. The facility would
be subject to oversight and certain approvals by the Funds' Board,
including, among others, approval of the interest rate formula and of
the method for allocating loans across Funds, as well as review of the
process in place to evaluate the liquidity implications for the Funds.
A Fund's aggregate outstanding interfund loans will not exceed 15% of
its net assets, and the Fund's loans to any one Fund will not exceed 5%
of the lending Fund's net assets.\3\
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    \3\ Under certain circumstances, a borrowing Fund will be
required to pledge collateral to secure the loan.
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    4. Applicants assert that the facility does not raise the concerns
underlying section 12(d)(1) of the Act given that the Funds are part of
the same group of investment companies and there will be no duplicative
costs or fees to the Funds.\4\ Applicants also assert that the proposed
transactions do not raise the concerns underlying sections 17(a)(1),
17(a)(3), 17(d) and 21(b) of the Act as the Funds would not engage in
lending transactions that unfairly benefit insiders or are detrimental
to the Funds. Applicants state that the facility will offer both
reduced borrowing costs and enhanced returns on loaned funds to all
participating Funds and each Fund would have an equal opportunity to
borrow and lend on equal terms based on an interest rate formula that
is objective and verifiable. With respect to the relief from section
17(a)(2) of the Act, applicants note that any collateral pledged to
secure an interfund loan would be subject to the same conditions
imposed by any other lender to a Fund that imposes conditions on the
quality of or access to collateral for a borrowing (if the lender is
another Fund) or the same or better conditions (in any other
circumstance).\5\
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    \4\ Applicants state that the obligation to repay an interfund
loan could be deemed to constitute a security for the purposes of
sections 17(a)(1) and 12(d)(1) of the Act.
    \5\ Applicants state that any pledge of securities to secure an
interfund loan could constitute a purchase of securities for
purposes of section 17(a)(2) of the Act.
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    5. Applicants also believe that the limited relief from section
18(f)(1) of the Act that is necessary to implement the facility
(because the lending Funds are not banks) is appropriate in light of
the conditions and safeguards described in the application and because
the Funds would remain subject to the requirement of section 18(f)(1)
that all borrowings of a Fund, including combined interfund loans and
bank borrowings, have at least 300% asset coverage.
    6. Section 6(c) of the Act permits the Commission to exempt any
persons or transactions from any provision of the Act if 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. Section 12(d)(1)(J) 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 section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.
Section 17(b) of the Act authorizes the Commission to grant an order
permitting a transaction otherwise prohibited by section 17(a) if it
finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act. Rule
17d-1(b) under the Act provides that in passing upon an application
filed under the rule, the Commission will consider whether the
participation of the registered investment company in a joint
enterprise, joint arrangement or profit sharing plan on the basis
proposed is consistent with the provisions, policies and purposes of
the Act and the extent to which such participation is on a basis
different from or less advantageous than that of the other
participants.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-00431 Filed 1-11-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Proposed Rules]
[Page 30740-30742]
[DOCID:fr02jn10-16]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0439; Directorate Identifier 2010-NM-029-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2B16 (CL-
604 Variants (Including CL-605 Marketing Variant)) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as: Following five reported cases of balance washer screw
failure on similar ADGs [air-driven generators]/ram air turbines
installed on other aircraft types, investigation by Hamilton Sundstrand
determined that a specific batch of the screws had a metallographic
non-conformity that increased their susceptibility to brittle fracture.
Failure of a balance washer screw can result in loss of the related
balance washer, with consequent turbine imbalance. Such imbalance could
potentially result in ADG structural failure (including blade failure),
loss of ADG electrical power and structural damage to the aircraft and,
if deployment was activated by a dual engine shutdown, could also
result in loss of hydraulic power for the flight controls [and
consequent reduced ability of the flightcrew to maintain the safe
flight and landing of the airplane]. The proposed AD would require
actions that are intended to address the unsafe condition described in
the MCAI.

DATES: We must receive comments on this proposed AD by July 19, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations. gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher Alfano, Aerospace
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New
York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0439;
Directorate Identifier 2010-NM-029-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-50, dated December 17, 2009 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Following five reported cases of * * * balance washer screw
failure on similar ADGs [air-driven generators]/ram air turbines
installed on other aircraft types, investigation by Hamilton
Sundstrand determined that a specific batch of the screws had a
metallographic non-conformity that increased their susceptibility to
brittle fracture. Subsequently, it was established that 152 ``dry''
ADGs [Hamilton Sundstrand Part Numbers (P/Ns) in the 761339 series
and 1711405; see Note] either had non-conforming screws installed
during production or possibly during maintenance or repair at
Hamilton Sundstrand repair stations.
    Failure of a balance washer screw can result in loss of the
related balance washer, with consequent turbine imbalance. Such
imbalance could potentially result in ADG structural failure
(including blade failure), loss of ADG electrical power and
structural

damage to the aircraft and, if deployment was activated by a dual
engine shutdown, could also result in loss of hydraulic power for
the flight controls [and consequent reduced ability of the
flightcrew to maintain the safe flight and landing of the airplane].
    This [Canadian] directive mandates checking of the ADG and
replacing the balance washer screws, if required. It also prohibits
future installation of unmodified ADGs.

    Note:  ADGs with Hamilton Sundstrand P/Ns in the 761339 series
and 1711405 are installed on the aircraft model listed in the
Applicability section above in addition to Bombardier Inc. Models
CL-600-2B19, CL-600-2C10 and CL-600-2D24. The latter three models
are covered in a separate directive.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier has issued Service Bulletins 604-24-021 and 605-24-001,
both dated July 13, 2009. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 155 products of U.S. registry. We also estimate that
it would take about 10 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $131,750, or $850 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.:Docket No. FAA-2010-0439; Directorate Identifier
2010-NM-029-AD.

Comments Due Date

    (a) We must receive comments by July 19, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B16 (CL-
604 Variant) airplanes; certificated in any category; serial numbers
(S/N) 5408 and subsequent.

    Note 1: Some Model CL-600-2B16 (CL-604 Variant) airplanes might
be referred to by a marketing designation of CL-605.

Subject

    (d) Air Transport Association (ATA) of America Code 24:
Electrical power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Following five reported cases of * * * balance washer screw
failure on similar ADGs [air-driven generators]/ram air turbines
installed on other aircraft types, investigation by Hamilton
Sundstrand determined that a specific batch of the screws had a
metallographic non-conformity that increased their susceptibility to
brittle fracture. Subsequently, it was established that 152 ``dry''
ADGs [Hamilton Sundstrand Part Numbers (P/Ns) in the 761339 series
and 1711405; see Note] either had non-conforming screws installed
during production or possibly during maintenance or repair at
Hamilton Sundstrand repair stations.
    Failure of a balance washer screw can result in loss of the
related balance washer, with consequent turbine imbalance. Such
imbalance could potentially result in ADG structural failure
(including blade failure), loss of ADG electrical power and
structural damage to the aircraft and, if deployment was

activated by a dual engine shutdown, could also result in loss of
hydraulic power for the flight controls [and consequent reduced
ability of the flightcrew to maintain the safe flight and landing of
the airplane].
    This [Canadian] directive mandates checking of the ADG and
replacing the balance washer screws, if required. It also prohibits
future installation of unmodified ADGs.
    Note: ADGs with Hamilton Sundstrand P/Ns in the 761339 series
and 1711405 are installed on the aircraft model listed in the
Applicability section above in addition to Bombardier Inc. Models
CL-600-2B19, CL-600-2C10 and CL-600-2D24. The latter three models
are covered in a separate directive.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) At the earliest of the times identified in paragraphs
(g)(1), (g)(2), (g)(3), and (g)(4) of this AD, do an inspection to
determine the serial number of the installed ADG. A review of
airplane maintenance records is acceptable in lieu of this
inspection if the serial number of the ADG can be conclusively
determined from that review.
    (1) Within 400 flight hours or 12 months after the effective
date of this AD, whichever occurs first, or
    (2) Prior to the next in-flight or on-ground functional test of
the ADG, whichever occurs first after the effective date of this AD,
or
    (3) Prior to the next in-flight or on-ground operational test of
the ADG, whichever occurs first after the effective date of this AD,
or
    (4) Prior to the next scheduled ADG in-flight deployment.
    (h) If the ADG serial number, as determined in paragraph (g) of
this AD, is not listed in paragraph 1.A of the applicable Bombardier
Service Bulletin listed in Table 1 of this AD, no further action is
required by this AD, except for paragraph (j) of this AD.

                                           Table 1--Service Bulletins
----------------------------------------------------------------------------------------------------------------
                Model--                     Bombardier service bulletin--                   Dated--
----------------------------------------------------------------------------------------------------------------
CL-600-2B16 (CL-604) airplanes.........  604-24-021.........................  July 13, 2009.
CL-600-2B16 (CL-605) airplanes.........  605-24-001.........................  July 13, 2009.
----------------------------------------------------------------------------------------------------------------

     (i) If the ADG serial number determined in paragraph (g) of
this AD is identified in paragraph 1.A. of the applicable service
bulletin listed in Table 1 of this AD, before further flight, do an
inspection to determine if the symbol ``24-5'' is marked on the ADG
identification plate. A review of airplane maintenance records is
acceptable in lieu of this inspection if the symbol ``24-5'' can be
conclusively determined from that review.
    (1) If the symbol ``24-5'' is marked on the ADG identification
plate, and the balance washer screws have already been replaced, no
further action is required by this AD, except for paragraph (j) of
this AD.
    (2) If the symbol ``24-5'' is not marked on the ADG
identification plate, before further flight, replace all balance
washer screws with new screws having part number MS24667-14 and mark
the ADG identification plate with symbol ``24-5,'' in accordance
with the Accomplishment Instructions of the applicable service
bulletin listed in Table 1 of this AD.
    (j) As of the effective date of this AD, no person may install
on any airplane a replacement or spare ADG, Hamilton Sundstrand part
number in the 761339 or 1711405 series, having one of the serial
numbers identified in paragraph 1.A. of the applicable service
bulletin listed in Table 1 of this AD, unless the ADG is identified
with the symbol ``24-5'' on the identification plate.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service
information as follows: The MCAI specifies to inspect only airplanes
having certain serial numbers that are part of the MCAI
applicability. Because the affected part could be rotated onto any
of the airplanes listed in the applicability, this AD requires the
inspection be done on all airplanes. We have coordinated this
difference with TCCA.

Other FAA AD Provisions

    (k) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516-
228-7300; fax<PHONE_NUMBER>.Before using any approved AMOC on any
airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (l) Refer to MCAI Canadian Airworthiness Directive CF-2009-50,
dated December 17, 2009; and Bombardier Service Bulletins 604-24-
021, dated July 13, 2009, and 605-24-001, dated July 13, 2009; for
related information.

    Issued in Renton, Washington, on April 30, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-13230 Filed 6-1-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Notices]
[Pages 79006-79007]
[FR Doc No: 2020-26931]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3472-024]

Aspinook Hydro, LLC; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 3472-024.
    c. Date Filed: April 30, 2020; and revised on October 13, 2020.
    d. Applicant: Aspinook Hydro, LLC, a subsidiary of Gravity
Renewables, Inc.
    e. Name of Project: Wyre Wynd Hydroelectric Project.
    f. Location: On the Quinebaug River in New London and Windham
Counties, Connecticut. No federal lands are occupied by the project
works or located within the project boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mark Boumansour, Chief Operating Officer,
Gravity Renewables, Inc.; 1401 Walnut Street, Boulder, Colorado 80302;
Phone at<PHONE_NUMBER>, or email at<EMAIL_ADDRESS>    i. FERC Contact: Kristine Sillett at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: January 31, 2021.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: Wyre Wynd Hydroelectric Project (P-
3472-024).
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. The application is not ready for environmental analysis at this
time.
    l. The existing Wyre Wynd Project consists of: (1) A concrete-
encased masonry dam that includes: (a) A 473-foot-long, 18-foot-high
spillway with 2-foot-high wooden flashboards, and one, 5-foot-wide by
3-foot-high sluice gate; (b) a 100-foot-long left abutment that
includes a 65-foot-wide headgate structure with five, 10-foot-wide by
12-foot-high headgates; and (c) a 4-foot-long right abutment; (2) a
333-acre impoundment with a usable storage capacity of 167-acre-feet at
a normal elevation of 97.3 feet National Geodetic Vertical Datum of
1929 (NGVD29); (3) a 170-foot-long, 50-foot-wide forebay that includes:
(a) A 60-foot-long, 10-foot-high auxiliary spillway; and (b) two, 10-
foot-wide, 12-foot-high arched-top low-level outlet gates; (4) a
powerhouse intake structure located at the downstream end of the
forebay that includes: (a) A 37-foot-high steel trash rack structure
varying in width from 19.5 feet to 21.3 feet, with a clear bar spacing
of 2.6 inches; and (b) a 16-foot-long, 12-foot-diameter steel penstock
that supplies flow to the main 2.7-megawatt (MW) S-type Kaplan turbine-
generator unit housed within the 30-foot-wide, 100-foot-long concrete
powerhouse; (5) a 450-foot-long, 50-foot-wide tailrace that receives
discharges from the main turbine-generator unit; (6) a second intake
structure branching off of the right side of the forebay, approximately
35 feet downstream of the headgate structure, that includes: (a) A 4-
foot-wide, 4-foot-high head gate; (b) a 9-foot-wide, 20-foot-high trash
rack structure with 1.5-inch clear bar spacing that extends from the
floor of the headgate structure to approximately 12

feet below the forebay water surface; and (c) a 40-foot-long, 4-foot-
diameter steel penstock that provides flow to a mini, in-line 0.08-MW
fixed-blade propeller turbine-generator unit; (7) a 10-foot-long, 30-
foot-wide tailrace that receives discharges from the mini turbine-
generator unit; (8) an 80-foot-long, 600-volt transmission line that
connects the generators to the local utility distribution system; and
(9) appurtenant facilities. The project creates an approximately 400-
foot-long bypassed reach of the Quinebaug River.
    m. 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 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 FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    n. You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Scoping Process
    Commission staff will prepare either an environmental assessment
(EA) or an Environmental Impact Statement (EIS) that describes and
evaluates the probable effects, if any, of the licensee's proposed
action and alternatives. The EA or EIS will consider environmental
impacts and reasonable alternatives to the proposed action. The
Commission's scoping process will help determine the required level of
analysis and satisfy the NEPA scoping requirements, irrespective of
whether the Commission prepares an EA or an EIS. Due to restrictions on
mass gatherings related to COVID-19, we do not intend to conduct a
public scoping meeting and site visit in this case. Instead, we are
soliciting written comments and suggestions on the preliminary list of
issues and alternatives to be addressed in the NEPA document, as
described in scoping document 1 (SD1), issued December 2, 2020.
    Copies of the SD1 outlining the subject areas to be addressed in
the NEPA document were distributed to the parties on the Commission's
mailing list and the applicant's distribution list. Copies of SD1 may
be viewed on the web at 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. For assistance, call 1-866-208-
3676 or for TTY,<PHONE_NUMBER>.

    Dated: December 2, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-26931 Filed 12-7-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Notices]
[Page 68590]
[DOCID:fr27no06-74]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-8-000]

GGBB Energy, Inc.; Notice of Issuance of Order

November 17, 2006.
    GGBB Energy, Inc. (GGBB) filed an application for market-based rate
authority, with an accompanying tariff. The proposed market-based
tariff provides for the sale of energy and capacity at market-based
rates. GGBB also requested waivers of various Commission regulations.
In particular, GGBB requested that the Commission grant blanket
approval under 18 CFR Part 34 of all future issuances of securities and
assumptions of liability by GGBB.
    On November 15, 2006, pursuant to delegated authority, the
Director, Division of Tariffs and Market Development--West, granted the
requests for blanket approval under Part 34. The Director's order also
stated that the Commission would publish a separate notice in the
Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard or to protest
the blanket approvals of issuances of securities or assumptions of
liability by GGBB should file a motion to intervene or protest 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, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is December 15, 2006.
    Absent a request to be heard in opposition by the deadline above,
GGBB is authorized to issue securities and assume obligations or
liabilities as a guarantor, indorser, surety, or otherwise in respect
of any security of another person; provided that such issuance or
assumption is for some lawful object within the corporate purposes of
GGBB, compatible with the public interest, and is reasonably necessary
or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of GGBB's issuance of securities or assumptions of
liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-19944 Filed 11-24-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Notices]
[Pages 58362-58364]
[FR Doc No: 2013-23009]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70428; File No. SR-CTA-2013-05]

Consolidated Tape Association; Notice of Filing of the Eighteenth
Substantive Amendment to the Second Restatement of the CTA Plan

September 17, 2013.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 608 thereunder,\2\ notice is hereby given that
on September 9, 2013, the Consolidated Tape Association (``CTA'') Plan
participants (``Participants'') \3\ filed with

the Securities and Exchange Commission (``Commission'') a proposal to
amend the Second Restatement of the CTA Plan (the ``CTA Plan'').\4\ The
amendment proposes to remove odd-lot transactions from the list of
transactions that are not to be reported for inclusion on the
consolidated tape. The Commission is publishing this notice to solicit
comments from interested persons on the proposed amendment.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ Each participant executed the proposed amendment. The
Participants are: BATS Exchange, Inc., BATS-Y Exchange, Inc.,
Chicago Board Options Exchange, Incorporated, Chicago Stock
Exchange, Inc., EDGA Exchange, Inc. (``EDGA''), EDGX Exchange, Inc.
(``EDGX''), Financial Industry Regulatory Authority, Inc.
(``FINRA''), International Securities Exchange, LLC, NASDAQ OMX BX,
Inc. (``Nasdaq BX''), NASDAQ OMX PHLX, Inc. (``Nasdaq PSX''), Nasdaq
Stock Market LLC, National Stock Exchange, New York Stock Exchange
LLC (``NYSE''), NYSE MKT LLC (formerly NYSE Amex, Inc.), and NYSE
Arca, Inc. (``NYSE Arca'').
    \4\ See Securities Exchange Act Release No. 10787 (May 10,
1974), 39 FR 17799 (declaring the CTA Plan effective). The CTA Plan,
pursuant to which markets collect and disseminate last sale price
information for non-NASDAQ listed securities, is a ``transaction
reporting plan'' under Rule 601 under the Act, 17 CFR 242.601, and a
``national market system plan'' under Rule 608 under the Act, 17 CFR
242.608.
---------------------------------------------------------------------------

I. Rule 608(a)

A. Purpose of the Amendments

    Currently, Section VIII(a) (Responsibility of Exchange
Participants) of the CTA Plan provides that each Participant will
``collect and report to the Processor all last sale price information
to be reported by it relating to transactions in Eligible Securities
taking place on its floor.'' However, Section VI(d) (Transactions not
reported (related messages)) provides a list of transactions that ``are
not to be reported for inclusion on the consolidated tape.'' That list
includes odd-lot transactions.
    Because odd-lot transactions account for a not insignificant
percentage of trading volume, the Participants have determined that
including odd-lot transactions on the consolidated tape of CTA last
sale prices would add post-trade transparency to the marketplace.
    This amendment proposes to add odd-lot transactions to the
consolidated tape by removing them from Section VI(d)'s list of
transactions that are not to be reported for inclusion on the
consolidated tape.
    Due to the lack of economic significance of many individual odd-lot
orders, the Participants are not proposing to include bids and offers
for odd-lots in the best bid and best offer calculations that the
Participants make available under the CQ Plan.
    For the same reason, the Participants do not propose to include
odd-lot transactions in calculations of last sale prices. Therefore,
odd-lot transactions would not be included in calculations of high and
low prices and would not be subject to Limit Up/Limit Down rules.
Similarly, including odd-lot transactions on the consolidated tape
would not trigger short sale restrictions or trading halts. However,
odd-lot transactions would be included in calculations of daily
consolidated volume.
    For purposes of allocating revenue among the Participants under the
CTA Plan, the Participants would include odd-lot transactions in the
Security Income Allocation for each Eligible Security under Section
XII(a)(ii) (Security Income Allocation) of the CTA plan. Just as with
round lot transactions, an odd-lot transaction with a dollar value of
$5000 or more would constitute one qualified transaction report and an
odd-lot transaction with a dollar value of less than $5000 would
constitute a fraction of a qualified transaction report that equals the
dollar value of the transaction report divided by $5000. The
Participants do not anticipate that this will produce a significant
shift in revenue allocation among the Participants. This treatment of
odd-lot transactions for revenue allocation purposes does not require a
change to the language of the CTA Plan.

B. Additional Information Required by Rule 608(a)

1. Governing or Constituent Documents
    Not applicable.
2. Implementation of the Amendment
    All of the Participants have manifested their approval of the
proposed amendment by means of their execution of the amendments.
Subject to Commission approval of the Amendment, the Participants
intend to add odd-lot transactions to the consolidated tape under the
CTA Plan commencing October 21, 2013.
3. Development and Implementation Phases
    Not applicable.
4. Analysis of Impact on Competition
    The proposed amendment does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Exchange Act. This change is being proposed and implemented in
parallel with similar changes to the national market system plan
governing the trading of stocks listed on NYSE, Amex, and other markets
(i.e., the Nasdaq/UTP plan). The Participants do not believe that the
proposed plan amendment introduces terms that are unreasonably
discriminatory for the purposes of Section 11A(c)(1)(D) of the Act.\5\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78k-1(c)(1)(D).
---------------------------------------------------------------------------

5. Written Understanding or Agreements Relating to Interpretation of,
or Participation in, Plan
    Not applicable.
6. Approval by Sponsors in Accordance With Plan
    Under Section IV(b) of the CTA Plan, each Participant must execute
a written amendment to the CTA Plan before the amendment can become
effective. The amendment is so executed.
7. Description of Operation of Facility Contemplated by the Proposed
Amendment
    Not applicable.
 8. Terms and Conditions of Access
    Not applicable.
9. Method of Determination and Imposition, and Amount of, Fees and
Charges
    Not applicable.
10. Method of Frequency of Processor Evaluation
    Not applicable.
11. Dispute Resolution
    Not applicable.

II. Rule 601(a)

A. Equity Securities for Which Transaction Reports Shall be Required by
the Plan

    Not applicable.

B. Reporting Requirements

    As a result of the amendment, each Participant would be required to
report odd-lot transactions to the Nasdaq/UTP Plan's Processor for
inclusion in the consolidated tape.

C. Manner of Collecting, Processing, Sequencing, Making Available and
Disseminating Last Sale Information

    Not applicable.

D. Manner of Consolidation

    Odd-lot transactions would not be eligible for inclusion in
calculations of last sale prices and would not be included in
calculations of high and low prices. However, odd-lot transactions
would be included in calculations of daily consolidated volume.

E. Standards and Methods Ensuring Promptness, Accuracy and Completeness
of Transaction Reports

    Not applicable.

F. Rules and Procedures Addressed to Fraudulent or Manipulative
Dissemination

    Not applicable.

G. Terms of Access to Transaction Reports

    Not applicable.

H. Identification of Marketplace of Execution

    Not applicable.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed
amendments are 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-CTA-2013-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CTA-2013-05. 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 Amendments that are filed with
the Commission, and all written communications relating to the
Amendments 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, 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 Amendments also will be available for
inspection and copying at the principal office of the CTA.
    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-CTA-2013-05
and should be submitted on or before October 15, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(27).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-23009 Filed 9-20-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Page 56229]
[FR Doc No: 2017-25578]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-296-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; Phibro Americas
LLC

    This is a supplemental notice in the above-referenced proceeding
Phibro Americas 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 December 6, 2017.
    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 should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: November 16, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-25578 Filed 11-27-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4708-4711]
[FR Doc No: 2022-01448]

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DEPARTMENT OF TRANSPORTATION

Notice of Final Federal Agency Actions on Proposed Highway
Projects in Texas

AGENCY: Texas Department of Transportation (TxDOT), Federal Highway
Administration (FHWA), U.S. Department of Transportation.

ACTION: Notice of limitation on claims for judicial review of actions
by TxDOT and Federal agencies.

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SUMMARY: This notice announces actions taken by TxDOT and Federal
agencies that are final. The environmental review, consultation, and
other actions required by applicable Federal environmental laws for
these projects are being, or have been, carried-out by TxDOT pursuant
to an assignment agreement executed by FHWA and TxDOT. The actions
relate to various proposed highway projects in the State of Texas.
These actions grant licenses, permits, and approvals for the projects.

DATES: By this notice, TxDOT is advising the public of final agency
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review
of TxDOT and Federal agency actions on the highway projects will be
barred unless the claim is filed on or before the deadline. For the
projects listed below, the deadline is 150 days from the date of
publication. If the Federal law that authorizes judicial review of a
claim provides a time period of less than 150 days for filing such a
claim, then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Patrick Lee, Environmental Affairs
Division, Texas Department of Transportation, 125 East 11th Street,
Austin, Texas 78701; telephone:<PHONE_NUMBER>; email:
[email protected]. TxDOT's normal business hours are 8:00 a.m.-5:00
p.m. (central time), Monday through Friday.

SUPPLEMENTARY INFORMATION: The environmental review, consultation, and
other actions required by applicable Federal environmental laws for
these projects are being, or have been, carried-out by TxDOT pursuant
to 23 U.S.C. 327 and a Memorandum of Understanding dated December 9,
2019, and executed by FHWA and TxDOT.
    Notice is hereby given that TxDOT and Federal agencies have taken
final agency actions by issuing licenses, permits, and approvals for
the highway projects in the State of Texas that are listed below.
    The actions by TxDOT and Federal agencies and the laws under which
such actions were taken are described in the Categorical Exclusion
(CE), Environmental Assessment (EA), or Environmental Impact Statement
(EIS) issued in connection with the projects and in other key project
documents. The CE, EA, or EIS and other key documents for the listed
projects are available by contacting the local TxDOT office at the
address or telephone number provided for each project below.
    This notice applies to all TxDOT and Federal agency decisions as of
the issuance date of this notice and all laws under which such actions
were taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C.
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers)
[23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty
Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966, as amended [54 U.S.C. 300101 et
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C.
470(aa)-11]; Archeological and Historic Preservation Act [54 U.S.C.
312501 et seq.]; Native American Grave Protection and Repatriation Act
(NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C.
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C.
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1377] (Section 404, Section 401, Section 319); Land and Water
Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act
(SDWA) [42 U.S.C. 300(f)-300(j)(6)]; Rivers and Harbors Act of 1899 [33
U.S.C. 401-406]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287];
Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; TEA-21
Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood
Disaster Protection Act [42 U.S.C. 4001-4128].
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 12898 Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations; E.O. 11593 Protection and Enhancement of Cultural
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America;
E.O. 13175 Consultation and Coordination with Indian Tribal
Governments; E.O. 11514 Protection and Enhancement of Environmental
Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic
Assistance Program Number 20.205, Highway Planning and Construction.)
    The projects subject to this notice are:
    1. The Woodrow Road widening project extends from FM 1730 (Slide
Road) to US 87 in Lubbock County, Texas. TxDOT plans to widen Woodrow
Road by converting the existing two-way rural roadway to a five-lane
urban facility with right-turn lanes at major intersections. Shared-use
paths and sidewalks with ADA ramps will be constructed throughout the
project. This project is approximately 4.75 miles in length and will
improve transportation infrastructure to current design standards and
improve mobility in southern Lubbock County. The actions by TxDOT and
Federal agencies and the laws under which such actions were taken are
described in the Categorical Exclusion Determination issued on
September 7, 2021, and other documents in the TxDOT project file. The
Categorical Exclusion Determination and other documents in the TxDOT
project file are available by contacting the TxDOT Lubbock District
Office at 135 Slaton Road, Lubbock, Texas 79404; telephone (806)748-
4472.
    2. SH 30 from 2,225-ft west of Gibbons Creek to 2,225-ft east of
Gibbons Creek, Grimes County, Texas. The project would replace a bridge
on SH 30 at Gibbons Creek. The proposed structure would be 86-ft wide
and 550-ft long and would incorporate bridge and approach rails that
meet current standards. The proposed bridge would be shifted slightly
north of the current alignment and the project would require 3.854 ac
of new right-of-way. The purpose of the proposed project is to improve
safety by bringing the bridge and approaches up to current standards.
The actions by TxDOT and Federal agencies and the laws under which such
actions were taken are described in, the Categorical Exclusion
Determination issued on September 23, 2021 and other documents in the
TxDOT project file. The Categorical Exclusion Determination and other
documents in the TxDOT project file are available by contacting TxDOT
at the address provided above or the TxDOT Bryan District Office at
2591 North Earl Rudder Fwy, Bryan, TX 77803; telephone<PHONE_NUMBER>.
    3. Center Street from Kohlers Crossing to Burleson Street, Hays
County. The project proposes to replace existing UPRR rail siding
through downtown Kyle from Kohlers Crossing to Burleson Street. The
project is approximately two miles in length. The actions by TxDOT and
Federal agencies and the laws under which such actions were taken are
described in the Categorical

Exclusion Determination issued on October 1, 2021, and other documents
in the TxDOT project file. The Categorical Exclusion Determination and
other documents in the TxDOT project file are available by contacting
the TxDOT Austin District Office at 7901 North I-35, Austin, TX 78753;
telephone<PHONE_NUMBER>.
    4. FM 1560 from FM 471 to SH 16 in Bexar County, Texas. The project
includes expanding the existing roadway from two to four lanes with a
raised median or center turn lane and constructing bike lanes and
sidewalks along the entire length of the project. The project is
approximately 5.2 miles in length. The actions by TxDOT and Federal
agencies and the laws under which such actions were taken are described
in the Categorical Exclusion Determination issued on October 7, 2021,
and other documents in the TxDOT project file. The Categorical
Exclusion Determination and other documents in the TxDOT project file
are available by contacting the TxDOT San Antonio District Office at
4615 NW Loop 410, San Antonio, TX 78229; telephone<PHONE_NUMBER>.
    5. William Cannon Drive from McKinney Falls Parkway to Running
Water Drive, Travis County. The project will improve William Cannon
Drive from a two-lane undivided urban roadway to a four-lane divided
urban roadway with bicycle and pedestrian accommodations. The project
is approximately 0.88 miles in length. The actions by TxDOT and Federal
agencies and the laws under which such actions were taken are described
in the Categorical Exclusion Determination issued on October 13, 2021,
and other documents in the TxDOT project file. The Categorical
Exclusion Determination and other documents in the TxDOT project file
are available by contacting the TxDOT Austin District Office at 7901
North I-35, Austin, TX 78753; telephone<PHONE_NUMBER>.
    6. SH 80 from SH 123 to BU 181E, in Karnes County, Texas. The
purpose of the project is to improve mobility along SH 80 by widening
and rehabilitating SH 80 between SH 123 and BU 181E. The proposed
project would involve widening and reconstruction of the main lanes,
adding a continuous center left turn lane, and including pedestrian
accommodations and replacement of traffic signals in portions of the
project area, for approximately 1.8 miles. The actions by TxDOT and
Federal agencies and the laws under which such actions were taken are
described in the Categorical Exclusion Determination issued on October
15, 2021 and other documents in the TxDOT project file. The Categorical
Exclusion Determination and other documents in the TxDOT project file
are available by contacting TxDOT at the address provided above or the
TxDOT Corpus Christi District Office at 1701 South Padre Island Drive,
Corpus Christi, TX 78416; telephone<PHONE_NUMBER>.
    7. IH 45 Frontage Road Conversion and Ramp Relocation, 1.6 Miles
North of FM 27 to 1.5 Miles South of US 84, Freestone County, Texas.
Construction includes ramp reconfiguration, frontage road
rehabilitation, frontage road realignment, new location frontage road,
and intersection improvements. The project would encompass 107.8 acres
of disturbed construction activity. This project would require
approximately 6.44 acres of new ROW along the east side of the existing
ROW. There are four proposed northbound new location ramps as follows:
Exit ramps to Church Street, US 84, and FM 27. Also, a re-constructed
entrance ramp from FM 27. There are five proposed southbound ramps as
follows: New location, entrance ramp from Church Street, and new
location exit ramps to Church Street, to US 84, to FM 27 with a 2-way
westbound frontage road, and a new location exit ramp to the 2-way west
frontage road north of the FM 27 exit ramp. All ramps would consist of
a 14-ft travel lane with 6-ft outside shoulders and 2-ft inside
shoulders. The IH 45 east side Frontage Road will be realigned at US 84
and FM 27. The remaining existing IH 45 East Frontage Road pavement
will be rehabilitated. The IH 45 east side Frontage Road will be
extended from Church Street to US 84. The IH 45 west side Frontage Road
will be realigned at Church Street, US 84, and FM 27. The remaining
existing IH 45 west side Frontage Road pavement will be rehabilitated.
Between US 84 and FM 27 the east and west frontage roads would consist
of two 12-ft one-way travel lanes with 4-ft inside and outside
shoulders, and the outside shoulder would be bounded with curb and
gutter. Behind the curb sections there may be an offset of
approximately 0 to 5 ft, and 10-ft shared use path. Both the IH 45 east
side and west side frontage roads will be converted to one-way
operation from Church Street to FM 27. Two-way operation will remain
south of Church Street and north of FM 27 on the west side frontage
road. Both east side and west side frontage roads would consist of two
12-ft travel lanes with 4-ft shoulders bounded by open ditches. The
actions by TxDOT and Federal agencies and the laws under which such
actions were taken are described in the Categorical Exclusion
Determination issued on October 22, 2021, and other documents in the
TxDOT project file. The Categorical Exclusion Determination and other
documents in the TxDOT project file are available by contacting the
TxDOT Bryan District at 2591 N Earl Rudder Fwy, Bryan, TX 77803;
telephone<PHONE_NUMBER>.
    8. Interstate Highway 35 (I-35), from north of SE Inner Loop to
south of RM 1431 (southbound), Williamson County, Texas. This project
will take place in the cities of Georgetown and Round Rock along 4.4
miles of I-35. The project will involve various improvements to I-35,
SE Inner Loop, and Westinghouse Road. The project includes: Removing
the Westinghouse Road bridge and constructing a new I-35 bridge over
Westinghouse Road; constructing westbound to southbound Continuous Flow
Intersection at Westinghouse Road; improving intersection at I-35 and
SE Inner Loop; improve existing southbound I-35 frontage road from
north of SE Inner Loop to RM 1431; reversing entrance/exit ramps along
the southbound I-35 frontage road between SE Inner Loop and RM 1431;
and improving bicycle and pedestrian sidewalks and paths. The actions
by TxDOT and Federal agencies and the laws under which such actions
were taken are described in the Categorical Exclusion Determination
issued on November 9, 2021, and other documents in the TxDOT project
file. The Categorical Exclusion Determination and other documents in
the TxDOT project file are available by contacting the TxDOT Austin
District Office at 7901 North I-35, Austin, TX 78753; telephone: (512)
832-7000.
    9. US 59 Loop North from International Blvd. to 0.12 miles south of
East Corridor Rd. in Webb County, Texas. This proposed project would
upgrade the existing US 59 roadway to a full urban interstate
expressway with three 12-ft. wide main lanes with 4-ft. wide inside
shoulders and 10-ft. wide outside shoulders in each direction separated
by an approximately 3-ft. tall concrete traffic barrier. One-direction
frontage roads would consist of three 12-foot lanes with 4-foot wide
inside shoulders and 2-foot wide outside shoulders. There would be main
lane overpasses at each of the major arterial street intersections at
(from north to south) Shiloh Road, Del Mar Boulevard, University Drive,
and Jacaman Road. Storm water drainage would typically be via a mix of
grass-lined open ditches and underground separate storm sewers that
would outfall into storm water detention ponds that will be constructed
adjacent to the proposed project. The

actions by TxDOT and Federal agencies and the laws under which such
actions were taken are described in the Final Environmental Assessment
(EA) the Finding of No Significant Impact (FONSI) issued on 9/01/2021,
and other documents in the TxDOT project file. The EA, FONSI and other
documents in the TxDOT project file are available by contacting the
TxDOT Laredo District Office at 1817 Bob Bullock Loop, Laredo, TX
78043, ATTN Raul Leal- Laredo District Public Information Officer;
telephone:<PHONE_NUMBER>; email: [email protected]. The EA can also be
viewed and downloaded from the following website: https://www.txdot.gov/inside-txdot/projects/studies/laredo/092021.html.
    10. I-35 Capital Express North from SH 45N to US 290E, Travis and
Williamson Counties. The project will add one non-tolled managed lane
in each direction, reconstruct intersections and bridges to accommodate
the additional lane and increase east/west mobility, add a diverging
diamond interchange at Wells Branch Parkway, improve bicycle and
pedestrian accommodations along I-35 frontage roads and at east/west
crossings and make additional safety and mobility improvements. The
project is approximately 11.5 miles in length. The actions by TxDOT and
Federal agencies and the laws under which such actions were taken are
described in the Final Environmental Assessment (EA), Finding of No
Significant Impact (FONSI) issued on December 17, 2021 and other
documents in the TxDOT project file. The EA, FONSI and other documents
in the TxDOT project file are available by contacting the TxDOT Austin
District Office at 7901 North I-35, Austin, TX 78753; telephone: 512-
832-7000. The EA and FONSI can also be viewed and downloaded from the
following website: https://my35capex.com/.
    11. I-35 Capital Express South from US 290W/SH 71 to SH 45SE,
Travis and Hays Counties. The project would add two non-tolled high-
occupancy managed lanes in each direction. The managed lanes would be
elevated from north of Stassney Lane to south of William Cannon Drive.
Additionally, the project would reconstruct bridges, add auxiliary
lanes, improve bicycle and pedestrian accommodations along I-35
frontage roads and includes other safety and mobility improvements. The
project is approximately 10 miles in length. The actions by TxDOT and
Federal agencies and the laws under which such actions were taken are
described in the Final Environmental Assessment (EA), Finding of No
Significant Impact (FONSI) issued on December 21, 2021, and other
documents in the TxDOT project file. The EA, FONSI and other documents
in the TxDOT project file are available by contacting the TxDOT Austin
District Office at 7901 North I-35, Austin, TX 78753; telephone: 512-
832-7000. The EA and FONSI can also be viewed and downloaded from the
following website: https://my35capex.com/.
    Authority: 23 U.S.C. 139(l)(1).

Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2022-01448 Filed 1-27-22; 8:45 am]
BILLING CODE 4910-22-P