[Federal Register: October 26, 2009 (Volume 74, Number 205)]
[Notices]
[Page 54988]
[DOCID:fr26oc09-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2232-570]

Duke Energy Carolinas, LLC; Notice of Availability of Final
Environmental Assessment

October 16, 2009.
    In accordance with the National Environmental Policy Act of 1969,
as amended, and the Federal Energy Regulatory Commission's regulations,
18 CFR part 380 (Order No. 486, 52 FR 47879), the Commission has
reviewed an application, filed June 18, 2009, for non-project use of
project lands and waters at the Catawba-Wateree Project, FERC Project
No. 2232. The licensee seeks Commission approval to permit the City of
Lenoir, North Carolina to construct a new raw water intake at Lake
Rhodhiss. The Environmental Assessment (EA) analyzes the environmental
impacts of the proposed construction and operation of the new intake
facility and concludes that approval of the application, with
appropriate environmental measures, would not constitute a major
federal action significantly affecting the quality of the human
environment. The project is located on the Catawba and Wateree Rivers
in North and South Carolina.
    The EA was written by staff in the Office of Energy Projects,
Federal Energy Regulatory Commission (Commission). A copy of the EA is
attached to a Commission order titled ``Order Approving Non-Project Use
of Project Lands and Waters: Construction of Raw Water Intake'' issued
October 16, 2009, and is on file with the Commission and is available
for public inspections. The EA may also be viewed on the Commission's
Web site at http:// www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3372,
or for TTY,<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-25615 Filed 10-23-09; 8:45 am]

BILLING CODE 6717-01-P


 June 23, 2017

Erik Winchester, Chief Fibers & Organics Branch USEPA/OCSPP/OPPT <EMAIL_ADDRESS>

Dear Mr. Winchester,

I want to thank the EPA for their ongoing effort to understand our company's and the furniture industry's important timelines.   The understanding of these timelines are essential for setting up a feasible EPA formaldehyde rule.    To begin, I would like to expand on a few points made in my May 4[th] letter to Mr. Scott Pruitt.   This letter will be more detailed than before, but I hope the added explanations will not add confusion.

There are several factors that determine the time required from production order to importing those finished goods into the US.    These factors include:

 Production lead time is 85 to 120 days.   The longer 120 day lead times are often required for products that have parts with longer lead times, or for first manufacturing runs that are less efficient than a reorder.   These first runs occur in the months leading up to and after the April and October High Point NC Furniture Market.  These production lead times include the amount of time it takes to buy composite wood until an item is produced, but it does not incorporate the time needed to import the furniture to the US.

 Creation of bookings to ship goods to the US can be as long as 21 days.   Frequently, we can plan a booking before the product is completely produced, which can reduce the booking time to approximately 7 days after being produced.   The months of September, October, and November are more challenging due to the competing Christmas container demand of all goods coming to the US.    Bookings that are depleting our Asia Inventories, rather than depleting a planned production order, would normally require a longer time for the inventory to sit while the booking is placed.   This is because it is impossible to know when a customer order will be placed for our Asia Inventory, so we cannot preplan such a booking.    Our customer's orders can also have extended delays in bookings when it consist of products from the Asia warehouse mixed with products that are still in production.   This requires us to hold that available inventory until everything is ready to ship.

 The time it takes to ship and import furniture can take 35 days from China and 40 days from Vietnam, India, Indonesia, or the Philippines.

 When considering the longest cumulative lead times (Production, Booking, and transit time), it could take 181 days from the placement of an order for production until the product was imported, excluding any shortages of containers, Lunar New Year shutdowns [(a)], storms, dock strikes, or the variety of other problems that can delay the production and movement of goods from Asia to the US.

 For the February 8, 2017 Lunar New Years, Asian furniture factories were closed during various dates between January 30 to February 29.   The number of days these factories were closed ranged from 9 to 30 days, with the average being 14.25 days.   We do not yet know the shutdown dates for 2018.   It should also be noted that when factories start up following the Lunar New Year that there can be added delays due to the loss of efficiency as new workers replace workers that did not return from holiday. The April and October furniture markets, which are held each year in High Point, North Carolina are also very important dates to consider.   Our retailers generally want their orders from the first run of furniture to be available reasonably soon after the market.    Furniture importers often use the same furniture fabricators, so they find themselves competing for production time as they attempt to get their first orders placed in production before their competition.   It is a critical time because late availability may result in retailers canceling their orders.    Consequently, furniture importers are often gambling on the market by ordering their first run with uncertain demand history.  It should be noted that this uncertainty of demand can create added inventory for our Asia warehouses if this expected demand falls short.    It is imperative that the new formaldehyde laws not effect this flow of new products.

One of the ways that our company and many others in the industry plan for the uncertainty of what customers will want and where they will want the product shipped is by maintaining inventory in Asia.   Our Asia inventories are vital to supply our key dealers throughout the country and our international dealers at the best value possible.  Our Asia inventory accounts for nearly thirty percent of our company finished goods inventory.   Approximately 60 percent of this Asia inventory is about 60 days old or less, approximately 80 percent is about 240 days old or less, approximately 95 percent is about a year old or less.

The minimum order for making each item of furniture is often the same despite the price point or level of demand.   Higher priced items often sell slower than lower priced items.  As we tend to be a higher price point importer, our items may have to be inventoried longer than our lower priced competitors.

Other factors effecting how long inventory is held is the rate of sale.   An example of lower demand items might include some of the accessory pieces that compliment a dining group and chairs.   These items are necessary, but may not sell at the rate of the dining table and chairs.

Our longer cumulative lead times and our need to warehouse goods in Asia makes it essential that the EPA formaldehyde rule have an adequate offset between the availability of TSCA Title VI compliant board and the date that all finished goods imports must be compliant with such board.   Failure to incorporate an adequate offset will likely shutdown furniture production during the cumulative lead times leading up to the last days that CARB P2 compliant furniture imports are allowed.   Such a shutdown would continue through the cumulative lead time after TSCA compliant board became available.

As an example, if the last day to import CARB P2 compliant furniture is Dec 12, 2017 and compliant board was not available before this date, companies would have to stop issuing production orders in the summer of 2017 (very soon from now).   This would be done to ensure the orders in the system could be produced and imported before the Dec 12[th] deadline.   Additionally, no new production work could be started until the compliant board was available on Dec 12.   However, the product that starts production on Dec 12[th] would not be available for sale in the US until after the cumulative lead time plus any necessary downtime required for the Lunar New Years.   Therefore, the furniture industry would have SUBSTANTIAL negative consequences as the formaldehyde rule is written now... it will shut us down for a significant period of time.

The start of the EPA's formaldehyde rule should be managed like CARB used in their program.   The EPA needs to have a date when TSCA board is available and then allow time for the supply chain to switch over.   It could go faster if the EPA grandfathered CARB P2 board, as it is essentially the same board.   There is a CARB requirement that a production date be placed on the CARB label, so there will be a record of what was made with CARB compliant board before the TSCA effective date.

Our company recommends that this offset between the allowed use of TSCA board and the deadline to import only TSCA compliant furniture be at a minimum of 14 months.   This would allow sales of the previously made CARB P2 compliant finished goods inventory for a year, with an additional few months to import the remaining furniture into the US.   This 14 months offset would still be much less than the timeline allowed with the start of CARB, comparing the deadline requiring fabricators to buy only CARB P2 board and when they had to sell only CARB P2 finished goods.   (https://www.arb.ca.gov/toxics/compwood/outreach/regguidance0711.pdf).

I truly expect that the EPA will create a devastating hardship for the furniture industry by having a shortened offset, because this would require a mass exiting of furniture from Asia to the US by our company and others during some of the busiest shipping months.   It will certainly raise transit prices due to the furniture not be in the best replenishment location for our customers.   Not only can it make finding containers difficult, but it will be nearly impossible for companies to receive, find warehouse space, and manage such a fast dump of a significant quantity furniture.

Erik, we will do everything in our power to help members of the EPA understand the logistical requirement of our company and our industry.    My company's executives and I will be glad to answer any questions or meet with the EPA.   I truly hope that you and the others at EPA can understand how damaging this law will be as it is currently written.   Please let me know how else we can be a service to your agency.

Sincerely,

Harrison S. Toms  -


[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Notices]
[Pages 13654-13655]
[FR Doc No: 2011-5824]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1959-DR; Docket ID FEMA-2011-0001]

Massachusetts; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Massachusetts (FEMA-1959-DR), dated
March 7, 2011, and related determinations.

DATES: Effective Date: March 7, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 7, 2011, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Massachusetts resulting from a severe winter storm
and snowstorm during the period of January 11-12, 2011, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the Commonwealth of Massachusetts.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for debris removal and
emergency protective measures (Categories A and B) under the Public
Assistance program in the designated areas and Hazard Mitigation
throughout the Commonwealth. You are further authorized to provide
emergency protective measures, including snow assistance, under the
Public Assistance program for any continuous 48-hour period during
or proximate to the incident period. You may extend the period of
assistance, as warranted. This assistance excludes regular time
costs for the sub-grantees' regular employees. Consistent with the
requirement that Federal assistance is supplemental, any Federal
funds provided under the Stafford Act for Public Assistance and
Hazard Mitigation will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, James N. Russo, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the Commonwealth of Massachusetts have been
designated as adversely affected by this major disaster:

    Berkshire, Essex, Hampshire, Middlesex, Norfolk, and Suffolk
Counties for debris removal and emergency protective measures
(Categories A and B) under the Public Assistance program.

    Essex, Hampshire, Middlesex, Norfolk, and Suffolk for emergency
protective measures (Category B), including snow assistance, under
the Public Assistance program for any continuous 48-hour period
during or proximate to the incident period. The assistance for
Berkshire County will be provided for a period of 72 hours.

    All counties in the Commonwealth of Massachusetts are eligible
to apply for assistance under the Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-5824 Filed 3-11-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Notices]
[Page 51344-51348]
[DOCID:fr06oc09-112]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28938; File No. 812-13030]

Evergreen Income Advantage Fund, et al.; Notice of Application

September 30, 2009.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 19(b) of
the Act and rule 19b-1 under the Act.

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Summary of Application: Applicants request an order to permit a
registered closed-end investment company to make periodic distributions
of long-term capital gains with respect to its common shares as often
as monthly in any one taxable year, and as frequently as distributions
are specified by or in accordance with the terms of its preferred
shares.

Applicants: Evergreen Income Advantage Fund (``EIAF''), Evergreen
Multi-Sector Income Fund (``EMSIF''), Evergreen Utilities and High
Income Fund (``EUHIF''), Evergreen International Balanced Income Fund
(``EIBIF''), and Evergreen Global Dividend Opportunity Fund (``EGDOF'')
(each a ``Fund'' and collectively, the ``Funds''); and Evergreen
Investment Management Company, LLC (the ``Investment Adviser'').

Filing Dates: The application was filed on October 14, 2003, and
amended on October 28, 2008, June 29, 2009, and September 29, 2009.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on October 26, 2009, and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090; Applicants: Evergreen Income Advantage
Fund, 200 Berkeley Street, Boston, MA 02116.

FOR FURTHER INFORMATION CONTACT: Christine Y. Greenlees, Senior
Counsel, at<PHONE_NUMBER>, or Mary Kay Frech, Branch Chief, at (202)
551-6821 (Division of Investment Management, Office of Investment
Company Regulation).

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. Each of the Funds is a closed-end management investment company
registered under the Act and organized as a Delaware statutory
trust.\1\ EIAF's primary investment objective is to seek a high level
of income. EIAF's common shares are listed on the NYSE Amex. EIAF
currently has six series of preferred shares outstanding, which are not
listed on a national securities exchange. EMSIF's investment objective
is to seek a high level of current income. EMSIF's common shares are
listed on the NYSE Amex. EIAF currently has five series of preferred
shares outstanding, which are not listed on a national securities
exchange. EUHIF's investment objective is to seek a high level of
current income and moderate capital growth. EUHIF's common shares are
listed on the NYSE Amex. EIBIF's investment objective is to seek to
provide a high level of income. EIBIF's common shares are listed on the
New York Stock Exchange (``NYSE''). EGDOF's primary investment
objective is to seek a high level of current income. EGDOF's common
shares are listed on the NYSE. Applicants believe that the shareholders
of each Fund are generally conservative, dividend-sensitive investors
who desire current income periodically and may favor a fixed
distribution policy.
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    \1\ All registered closed-end investment companies that
currently intend to rely on the order are named as applicants.
Applicants request that the order also apply to each registered
closed-end investment company that in the future: (a) Is advised by
the Investment Adviser (including any successor in interest) or by
an entity controlling, controlled by, or under common control
(within the meaning of section 2(a)(9) of the Act) with the
Investment Adviser; and (b) complies with the terms and conditions
of the application (included in the term ``Funds''). A successor in
interest is limited to entities that result from a reorganization
into another jurisdiction or a change in the type of business
organization.
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    2. The Investment Adviser, a subsidiary of Wells Fargo, a bank
holding company, is registered under the Investment Advisers Act of
1940 (``Advisers Act''). The Investment Adviser has provided investment
advisory services to each Fund since its inception. Each Fund will be
advised by investment advisers that are registered under the Advisers
Act.
    3. Applicants state that prior to relying on the order, the board
of trustees (the ``Board'') of each Fund, including a majority of the
members of the Board who are not ``interested persons'' of the Fund as
defined in section 2(a)(19) of the Act (the ``Independent Trustees''),
will review information regarding the purpose and terms of a proposed
distribution policy, the likely effects of such policy on such Fund's
long-term total return (in relation to market price and net asset value
(``NAV'') per common share) and the relationship between such Fund's
distribution rate on its common shares under the policy and such Fund's
total return (in relation to NAV per share). Applicants state that
prior to relying on the requested order the Independent Trustees also
will consider what conflicts of interest the Investment Adviser and the
affiliated persons of the Investment Adviser and each such Fund might
have with respect to the adoption or implementation of such policy.
Applicants further state that prior to relying on the requested order,
and after considering such information, the Board, including the
Independent Trustees, of each Fund will approve a distribution policy
with respect to its Fund's common shares (the ``Plan'') and will
determine that such Plan is consistent with such Fund's investment
objective(s) and in the best interests of such Fund's common
shareholders.
    4. Applicants state that the purpose of each Fund's Plan is to
permit such Fund to distribute over the course of each year, through
periodic distributions as nearly equal as practicable and any required
special distributions, an amount closely approximating the total
taxable income of such Fund during such year. Applicants note that
under the Plan, each Fund would distribute to its respective common
shareholders a fixed monthly percentage of the market price of such
Fund's common shares at a particular point in time or a fixed monthly
percentage of NAV at a particular time or a fixed monthly amount, any
of which may be adjusted

from time to time. Applicants further state that the minimum annual
distribution rate would be independent of each Fund's performance
during any particular period, but would be expected to correlate with
such Fund's performance over time. Applicants explain that except for
extraordinary distributions and potential increases or decreases in the
final dividend periods in light of the Fund's performance for the
entire calendar year and to enable the Fund to comply with the
distribution requirements of subchapter M of the Internal Revenue Code
of 1986 (``Code'') for the calendar year, each distribution on the
common shares would be at the stated rate then in effect.
    5. Applicants state that prior to relying on the requested order,
the Board will adopt policies and procedures under rule 38a-1 under the
Act that are reasonably designed to ensure that all notices required to
be sent to the Fund's shareholders pursuant to section 19(a) of the
Act, rule 19a-1 under the Act, and condition 4 below (``19(a)
Notices'') comply with condition 2.a. below, and that all other written
communications by the Fund or its agents regarding distributions under
the Plan include the disclosure required by condition 3.a. below.
Applicants state that prior to relying on the requested order, the
Board will adopt policies and procedures that require each of the Funds
to keep records that demonstrate its compliance with all of the
conditions of the requested order and that are necessary for such Fund
to form the basis for, or demonstrate the calculation of, the amounts
disclosed in its 19(a) Notices.

Applicants' Legal Analysis

    1. Section 19(b) of the Act generally makes it unlawful for any
registered investment company to make long-term capital gains
distributions more than once every twelve months. Rule 19b-1 under the
Act limits the number of capital gains dividends, as defined in section
852(b)(3)(C) of the Code (``distributions''), that a fund may make with
respect to any one taxable year to one, plus a supplemental ``clean
up'' distribution made pursuant to section 855 of the Code not
exceeding 10% of the total amount distributed for the year, plus one
additional capital gain dividend made in whole or in part to avoid the
excise tax under section 4982 of the Code.
    2. Section 6(c) provides that the Commission may, by order upon
application, conditionally or unconditionally exempt any person,
security, or transaction, or any class or classes of persons,
securities or transactions, from any provision of the Act, if and to
the extent that the 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.
    3. Applicants state that one of the concerns underlying section
19(b) and rule 19b-1 is that shareholders might be unable to
differentiate between frequent distributions of capital gains and
dividends from investment income. Applicants state, however, that rule
19a-1 effectively addresses this concern by requiring that a separate
statement showing the sources of a distribution (e.g., net investment
income, net short-term capital gains, net long-term capital gains and/
or return of capital) accompany any distributions (or the confirmation
of the reinvestment of distributions) estimated to be sourced in part
from capital gains or capital. Applicants also state that the same
information is included in each Fund's annual reports to shareholders
and similar information is included on its IRS Form 1099-DIV, which is
sent to each common and, if applicable, preferred shareholder who
received distributions during a particular year (including shareholders
who have sold shares during the year).
    4. Applicants further state that each Fund will make the additional
disclosures required by the conditions set forth below, and each of
them will adopt, prior to reliance on the requested order, compliance
policies and procedures in accordance with rule 38a-1 under the Act to
ensure that all required 19(a) Notices and disclosures are sent to
shareholders. Applicants argue that by providing the information
required by section 19(a) and rule 19a-1, and by complying with the
procedures adopted under the Plan and the conditions listed below, each
Fund's shareholders would be provided sufficient information to
understand that their periodic distributions are not tied to the Fund's
net investment income (which for this purpose is each Fund's taxable
income other than from capital gains) and realized capital gains to
date, and may not represent yield or investment return. Applicants also
state that compliance with the Fund's compliance procedures and
condition 3 set forth below will ensure that prospective shareholders
and third parties are provided with the same information. Accordingly,
applicants assert that continuing to subject the Funds to section 19(b)
and rule 19b-1 would afford shareholders no extra protection.
    5. Applicants note that section 19(b) and rule 19b-1 also were
intended to prevent certain improper sales practices, including, in
particular, the practice of urging an investor to purchase shares of a
fund on the basis of an upcoming capital gains dividend (``selling the
dividend''), where the dividend would result in an immediate
corresponding reduction in NAV and would be in effect a taxable return
of the investor's capital. Applicants submit that the ``selling the
dividend'' concern should not apply to closed-end investment companies,
such as the Funds, that do not continuously distribute shares.
According to applicants, if the underlying concern extends to secondary
market purchases of shares of closed-end funds that are subject to a
large upcoming capital gains dividend, adoption of a periodic
distribution plan actually helps minimize the concern by avoiding,
through periodic distributions, any buildup of large end-of-the-year
distributions.
    6. Applicants also note that common shares of closed-end funds
often trade in the marketplace at a discount to the funds' NAV.
Applicants believe that this discount may be reduced if the Funds are
permitted to pay relatively frequent dividends on their common shares
at a consistent rate, whether or not those dividends contain an element
of long-term capital gain.
    7. Applicants assert that the application of rule 19b-1 to a Plan
actually could have an undesirable influence on portfolio management
decisions. Applicants state that, in the absence of an exemption from
rule 19b-1, the implementation of a periodic distribution plan imposes
pressure on management (a) not to realize any net long-term capital
gains until the point in the year that the fund can pay all of its
remaining distributions in accordance with rule 19b-1, and (b) not to
realize any long-term capital gains during any particular year in
excess of the amount of the aggregate pay-out for the year (since as a
practical matter excess gains must be distributed and accordingly would
not be available to satisfy pay-out requirements in following years),
notwithstanding that purely investment considerations might favor
realization of long-term gains at different times or in different
amounts. Applicants thus assert that by limiting the number of capital
gain distributions that a fund may make with respect to any one year,
rule 19b-1 may prevent the efficient operation of a periodic
distribution plan whenever that fund's net realized long-term capital
gains in any year exceed the total of the periodic distributions

that may include such capital gains under the rule.
    8. Applicants also assert that rule 19b-1 may cause fixed regular
periodic distributions under a periodic distribution plan to be funded
with returns of capital \2\ (to the extent net investment income and
realized short-term capital gains are insufficient to fund the
distribution), even though net realized long-term capital gains
otherwise could be available. To distribute all of a fund's long-term
capital gains within the limits in rule 19b-1, a fund may be required
to make total distributions in excess of the annual amount called for
by its periodic distribution plan, or to retain and pay taxes on the
excess amount. Applicants thus assert that the requested order would
minimize these effects of rule 19b-1 by enabling the Funds to realize
long-term capital gains as often as investment considerations dictate
without fear of violating rule 19b-1.
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    \2\ Returns of capital as used in the application means return
of capital for financial accounting purposes and not for tax
accounting purposes.
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    9. Applicants state that Revenue Ruling 89-81 under the Code
requires that a fund that has both common stock and preferred stock
outstanding designate the types of income, e.g., investment income and
capital gains, in the same proportion as the total distributions
distributed to each class for the tax year. To satisfy the
proportionate designation requirements of Revenue Ruling 89-81,
whenever a fund has realized a long-term capital gain with respect to a
given tax year, the fund must designate the required proportionate
share of such capital gain to be included in common and preferred stock
dividends. Applicants state that although rule 19b-1 allows a fund some
flexibility with respect to the frequency of capital gains
distributions, a fund might use all of the exceptions available under
the rule for a tax year and still need to distribute additional capital
gains allocated to the preferred stock to comply with Revenue Ruling
89-81.
    10. Applicants assert that the potential abuses addressed by
section 19(b) and rule 19b-1 do not arise with respect to preferred
stock issued by a closed-end fund. Applicants assert that such
distributions are fixed or determined in periodic auctions by reference
to short-term interest rates rather than by reference to performance of
the issuer, and Revenue Ruling 89-81 determines the proportion of such
distributions that are comprised of the long-term capital gains.
    11. Applicants also submit that the ``selling the dividend''
concern is not applicable to preferred stock, which entitles a holder
to no more than a periodic dividend at a fixed rate or the rate
determined by the market, and, like a debt security, is priced based
upon its liquidation value, dividend rate, credit quality, and
frequency of payment. Applicants state that investors buy preferred
shares for the purpose of receiving payments at the frequency bargained
for, and do not expect the liquidation value of their shares to change.
    12. Applicants request an order under section 6(c) granting an
exemption from section 19(b) and rule 19b-1 to permit each Fund to
distribute periodic capital gains dividends (as defined in section
852(b)(3)(C) of the Code) as often as monthly in any one taxable year
with respect to its common shares and, with respect to each Fund with
outstanding preferred shares, to allocate to its preferred shares
capital gain dividends as often as necessary in any one taxable year to
comply with IRS Revenue Ruling 89-81.\3\
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    \3\ Applicants state that a future Fund that relies on the
requested order will satisfy each of the representations in the
application except that such representations will be made in respect
of actions by the board of directors of such future Fund and will be
made at a future time.
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Applicants' Conditions

    Applicants agree that any order of the Commission granting the
requested relief will be subject to the following conditions:
    1. Compliance Review and Reporting. Each Fund's chief compliance
officer will: (a) Report to the Fund's Board, no less frequently than
once every three months or at the next regularly scheduled quarterly
Board meeting, whether (i) the Fund and its Investment Adviser have
complied with the conditions of the order, and (ii) a material
compliance matter, as defined in rule 38a-1(e)(2) under the Act, has
occurred with respect to such conditions; and (b) review the adequacy
of the policies and procedures adopted by the Board no less frequently
than annually.
    2. Disclosures to Fund Shareholders.
    a. Each 19(a) Notice disseminated to the holders of the Fund's
common shares, in addition to the information required by section 19(a)
and rule 19a-1:
    i. Will provide, in a tabular or graphical format:
    (1) The amount of the distribution, on a per share basis, together
with the amounts of such distribution amount, on a per share basis and
as a percentage of such distribution amount, from estimated: (A) Net
investment income; (B) net realized short-term capital gains; (C) net
realized long-term capital gains; and (D) return of capital or other
capital source;
    (2) The fiscal year-to-date cumulative amount of distributions, on
a per share basis, together with the amounts of such cumulative amount,
on a per share basis and as a percentage of such cumulative amount of
distributions, from estimated: (A) Net investment income; (B) net
realized short-term capital gains; (C) net realized long-term capital
gains; and (D) return of capital or other capital source;
    (3) The average annual total return in relation to the change in
NAV for the 5-year period (or, if the Fund's history of operations is
less than five years, the time period commencing immediately following
the Fund's first public offering) ending on the last day of the month
prior to the most recent distribution record date compared to the
current fiscal period's annualized distribution rate expressed as a
percentage of NAV as of the last day of the month prior to the most
recent distribution record date; and
    (4) The cumulative total return in relation to the change in NAV
from the last completed fiscal year to the last day of the month prior
to the most recent distribution record date compared to the fiscal
year-to-date cumulative distribution rate expressed as a percentage of
NAV as of the last day of the month prior to the most recent
distribution record date.
    Such disclosure shall be made in a type size at least as large and
as prominent as the estimate of the sources of the current
distribution; and
    ii. Will include the following disclosure:
    (1) ``You should not draw any conclusions about the Fund's
investment performance from the amount of this distribution or from the
terms of the Fund's Plan'';
    (2) ``The Fund estimates that it has distributed more than its
income and net realized capital gains; therefore, a portion of your
distribution may be a return of capital. A return of capital may occur,
for example, when some or all of the money that you invested in the
Fund is paid back to you. A return of capital distribution does not
necessarily reflect the Fund's investment performance and should not be
confused with `yield' or `income' ''; \4\ and
---------------------------------------------------------------------------

    \4\ The disclosure in this condition 2.a.ii.(2) will be included
only if the current distribution or the fiscal year-to-date
cumulative distributions are estimated to include a return of
capital.
---------------------------------------------------------------------------

    (3) ``The amounts and sources of distributions reported in this
19(a)

Notice are only estimates and are not being provided for tax reporting
purposes. The actual amounts and sources of the amounts for tax
reporting purposes will depend upon the Fund's investment experience
during the remainder of its fiscal year and may be subject to changes
based on tax regulations. The Fund will send you a Form 1099-DIV for
the calendar year that will tell you how to report these distributions
for federal income tax purposes.''
    Such disclosure shall be made in a type size at least as large as
and as prominent as any other information in the 19(a) Notice and
placed on the same page in close proximity to the amount and the
sources of the distribution.
    b. On the inside front cover of each report to shareholders under
rule 30e-1 under the Act, the Fund will:
    i. Describe the terms of the Plan (including the fixed amount or
fixed percentage of the distributions and the frequency of the
distributions);
    ii. Include the disclosure required by condition 2.a.ii.(1) above;
    iii. State, if applicable, that the Plan provides that the Board
may amend or terminate the Plan at any time without prior notice to
Fund shareholders; and
    iv. Describe any reasonably foreseeable circumstances that might
cause the Fund to terminate the Plan and any reasonably foreseeable
consequences of such termination.
    c. Each report provided to shareholders under rule 30e-1 under the
Act and in each prospectus filed with the Commission on Form N-2 under
the Act, will provide the Fund's total return in relation to changes in
NAV in the financial highlights table and in any discussion about the
Fund's total return.
    3. Disclosure to Shareholders, Prospective Shareholders and Third
Parties.
    a. Each Fund will include the information contained in the relevant
19(a) Notice, including the disclosure required by condition 2.a.ii.
above, in any written communication (other than a communication on Form
1099) about the Plan or distributions under the Plan by the Fund, or
agents that the Fund has authorized to make such communication on the
Fund's behalf, to any Fund common shareholder, prospective common
shareholder or third-party information provider;
    b. Each Fund will issue, contemporaneously with the issuance of any
19(a) Notice, a press release containing the information in the 19(a)
Notice and will file with the Commission the information contained in
such 19(a) Notice, including the disclosure required by condition
2.a.ii. above, as an exhibit to its next filed Form N-CSR; and
    c. Each Fund will post prominently a statement on its (or the
Investment Adviser's) web site containing the information in each 19(a)
Notice, including the disclosure required by condition 2.a.ii. above,
and will maintain such information on such web site for at least 24
months.
    4. Delivery of 19(a) Notices to Beneficial Owners. If a broker,
dealer, bank or other person (``financial intermediary'') holds common
stock issued by a Fund in nominee name, or otherwise, on behalf of a
beneficial owner, the Fund: (a) Will request that the financial
intermediary, or its agent, forward the 19(a) Notice to all beneficial
owners of the Fund's shares held through such financial intermediary;
(b) will provide, in a timely manner, to the financial intermediary, or
its agent, enough copies of the 19(a) Notice assembled in the form and
at the place that the financial intermediary, or its agent, reasonably
requests to facilitate the financial intermediary's sending of the
19(a) Notice to each beneficial owner of the Fund's shares; and (c)
upon the request of any financial intermediary, or its agent, that
receives copies of the 19(a) Notice, will pay the financial
intermediary, or its agent, the reasonable expenses of sending the
19(a) Notice to such beneficial owners.
    5. Additional Board Determinations for Funds Whose Shares Trade at
a Premium.
    If:
    a. A Fund's common shares have traded on the stock exchange that
they primarily trade on at the time in question at an average premium
to NAV equal to or greater than 10%, as determined on the basis of the
average of the discount or premium to NAV of the Fund's common shares
as of the close of each trading day over a 12-week rolling period (each
such 12-week rolling period ending on the last trading day of each
week); and
    b. The Fund's annualized distribution rate for such 12-week rolling
period, expressed as a percentage of NAV as of the ending date of such
12-week rolling period, is greater than the Fund's average annual total
return in relation to the change in NAV over the 2-year period ending
on the last day of such 12-week rolling period; then:
    i. At the earlier of the next regularly scheduled meeting or within
four months of the last day of such 12-week rolling period, the Board
including a majority of the Independent Trustees:
    (1) Will request and evaluate, and the Investment Adviser will
furnish, such information as may be reasonably necessary to make an
informed determination of whether the Plan should be continued or
continued after amendment;
    (2) Will determine whether continuation, or continuation after
amendment, of the Plan is consistent with the Fund's investment
objective(s) and policies and is in the best interests of the Fund and
its shareholders, after considering the information in condition
5.b.i.(1) above; including, without limitation:
    (A) Whether the Plan is accomplishing its purpose(s);
    (B) The reasonably foreseeable material effects of the Plan on the
Fund's long-term total return in relation to the market price and NAV
of the Fund's common shares; and
    (C) The Fund's current distribution rate, as described in condition
5.b. above, compared with the Fund's average annual taxable income or
total return over the 2-year period, as described in condition 5.b., or
such longer period as the Board deems appropriate; and
    (3) Based upon that determination, will approve or disapprove the
continuation, or continuation after amendment, of the Plan; and
    ii. The Board will record the information considered by it,
including its consideration of the factors listed in condition
5.b.i.(2) above, and the basis for its approval or disapproval of the
continuation, or continuation after amendment, of the Plan in its
meeting minutes, which must be made and preserved for a period of not
less than six years from the date of such meeting, the first two years
in an easily accessible place.
    6. Public Offerings. A Fund will not make a public offering of the
Fund's common shares other than:
    a. A rights offering below NAV to holders of the Fund's common
shares;
    b. An offering in connection with a dividend reinvestment plan,
merger, consolidation, acquisition, spin-off or reorganization of the
Fund; or
    c. An offering other than an offering described in conditions 6.a.
and 6.b. above, provided that, with respect to such other offering:
    i. The Fund's annualized distribution rate for the six months
ending on the last day of the month ended immediately prior to the most
recent distribution record date,\5\ expressed as a percentage of NAV
per share as of such

date, is no more than 1 percentage point greater than the Fund's
average annual total return for the 5-year period ending on such date;
\6\ and
---------------------------------------------------------------------------

    \5\ If the Fund has been in operation fewer than six months, the
measured period will being immediately following the Fund's first
public offering.
    \6\ If the Fund has been in operation fewer than five years, the
measured period will being immediately following the Fund's first
public offering.
---------------------------------------------------------------------------

    ii. The transmittal letter accompanying any registration statement
filed with the Commission in connection with such offering discloses
that the Fund has received an order under section 19(b) to permit it to
make periodic distributions of long-term capital gains with respect to
its common stock as frequently as twelve times each year, and as
frequently as distributions are specified by or determined in
accordance with the terms of any outstanding preferred stock as such
Fund may issue.
    7. Amendments to Rule 19b-1. The requested order will expire on the
effective date of any amendment to rule 19b-1 that provides relief
permitting certain closed-end investment companies to make periodic
distributions of long-term capital gains with respect to their
outstanding common stock as frequently as twelve times each year.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-24005 Filed 10-5-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 210 (Wednesday, November 1, 2023)]
[Proposed Rules]
[Pages 74908-74909]
[FR Doc No: 2023-24082]

========================================================================
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.

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

Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, 65 and 141

[Docket No.: FAA-2023-0825; Notice No. 23-06A]
RIN 2120-AL25

Removal of Expiration Date on a Flight Instructor Certificate;
Additional Qualification Requirements To Train Initial Flight
Instructor Applicants; and Other Provisions; Reopening of Comment
Period

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); reopening of comment
period.

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

SUMMARY: This action reopens the comment period for the notice of
proposed rulemaking (NPRM) published on May 23, 2023, titled ``Removal
of Expiration Date on a Flight Instructor Certificate; Additional
Qualification Requirements To Train Initial Flight Instructor
Applicants; and Other Provisions.'' The proposed amendments would
function to remove the expiration date from a flight instructor
certificate, establish recent experience requirements, expand certain
certificate reinstatement options for flight instructors, amend
qualification requirements for flight instructors seeking to provide
training to initial flight instructor applicants, and codify the
requirements of a Special Federal Aviation Regulation. The FAA is
reopening the comment period to allow commenters an additional
opportunity to provide feedback on this proposed rule.

DATES: The comment period for the NPRM published on May 23, 2023, at 88
FR 32983, and closed on June 22, 2023, is reopened until December 1,
2023.

ADDRESSES: Send comments identified by docket number FAA-2023-0825
using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov and
follow the online instructions for sending your comments
electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Allan G. Kash, Training and
Certification Group, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views relating to
the rulemaking. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should submit only one time if comments
are filed electronically, or commenters should send only one copy of
written comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to the person listed under the FOR FURTHER
INFORMATION CONTACT heading at the beginning of the preamble. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

C. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
internet by--
    1. Searching the Federal eRulemaking Portal at www.regulations.gov;
    2. Visiting the FAA's Regulations and Policies web page at
www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's web page at
www.GovInfo.com.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of

Rulemaking, ARM-1, 800 Independence Avenue SW, Washington, DC 20591, or
by calling<PHONE_NUMBER>. Commenters must identify the docket or
notice number of this rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the internet through the Federal eRulemaking Portal referenced in item
(1) above.

I. Background

    On May 23, 2023, the FAA published an NPRM titled ``Removal of
Expiration Date on a Flight Instructor Certificate; Additional
Qualification Requirements To Train Initial Flight Instructor
Applicants; and Other Provisions,'' in the Federal Register (88 FR
32983; Notice No. 23-06). The NPRM primarily proposed amendments to
flight instructor certificate requirements in part 61. First, the FAA
proposed to amend flight instructor certificate renewal requirements by
changing the existing renewal requirements to recent experience
requirements and adding a new method for persons to establish recent
flight instructor experience. Additionally, the FAA proposed to allow a
flight instructor whose recent experience lapsed by no more than three
calendar months to reinstate flight instructor privileges by taking an
approved flight instructor refresher course rather than completing a
flight instructor certification practical test. Further, the FAA
proposed to amend the qualification requirements for flight instructors
seeking to provide training to initial flight instructor applicants by
adding two new methods under which a flight instructor may become
qualified to provide this training. Finally, the FAA proposed to
relocate and codify Special Federal Aviation Regulation (SFAR) 100-2,
Relief for U.S. Military and Civilian Personnel who are Assigned
Outside the United States in Support of U.S. Armed Forces Operations
into parts 61, 63, and 65.
    Commenters were instructed to provide comments on or before June
22, 2023 (i.e., 30 days from the date of publication of the NPRM).
However, during the original comment period, the FAA received a request
to extend the comment period to provide additional time to the public
to comment on the proposed rule.\1\ Specifically, the comment proposed
several recommendations in lieu of the proposed rulemaking. One such
comment urged the FAA to convene a working group and consult with the
flight training industry and, at a minimum, an extension of the comment
period until after AirVenture 2023.\2\
---------------------------------------------------------------------------

    \1\ See comment from William Edwards, Docket No. FAA-2023-0825-
0132.
    \2\ The Experimental Aircraft Association's AirVenture Oshkosh
Air Show was held from July 24 through July 30, 2023.
---------------------------------------------------------------------------

II. Reopening of Comment Period

    The FAA grants the commenter's request for an extension of the
comment period to comment on the proposed rule. Under the guidance of
Executive Order 13563, which provides that the public must be afforded
a meaningful opportunity to comment with a comment period that should
generally be at least 60 days, the FAA finds that an additional thirty
(30) days will provide sufficient opportunity for the public to comment
(i.e., a total period of 60 days). Therefore, the comment period for
Notice No. 23-06 is reopened until December 1, 2023.
    The FAA will not grant any additional requests to further extend
the comment period for this rulemaking. Issued under authority provided
by 49 U.S.C. 106(f), 44701(a)(5), and 44703(a) in Washington, DC, on or
about October 26, 2023.

Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-24082 Filed 10-31-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 24, 2009 (Volume 74, Number 141)]
[Notices]
[Page 36814-36817]
[DOCID:fr24jy09-162]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Passenger Facility Charge (PFC) Approvals and
Disapprovals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Monthly Notice of PFC Approvals and Disapprovals. In June 2009,
there were seven applications approved. This notice also includes
information on nine applications, one approved in November 2006, two
approved in February 2008, one approved in June 2008, one approved in
September 2008, two approved in October 2008, one approved in November
2008, and one approved in May 2009, inadvertently left off the November
2006, February 2008, June 2008, September 2008, October 2008, November
2008, and May 2009 notices, respectively. Additionally, 16 approved
amendments to previously approved applications are listed.

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

SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC
approvals and disapprovals under the Provisions of the Aviation Safety
and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget
Reconciliation Act of 1990) (Public Law 101-508) and Part 158 of the
Federal Aviation Regulations (14 CFR Part 158). This notice is
published pursuant to paragraph d of Sec.  158.29.

PFC Applications Approved

    Public Agency: Charlottesville-Albemarle Airport Authority,
Charlottesville, Virginia.
    Application Number: 07-08-C-00-CHO.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $426,400.
    Earliest Charge Effective Date: July 1, 2009.
    Estimated Charge Expiration Date: January 1, 2010.
    Class of Air Carriers Not Required to Collect PFC's:
    All air taxi/commercial operators filing or requested to file FAA
Form 1800-31.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Charlottesville-Albemarle Airport.
    Brief Description of Projects Approved for Collection and Use:
    Acquire interactive employee training system.
    Seal coat general aviation apron.
    PFC project administration fees.
    Brief Description of Projects Approved for Collection:
    Land acquisition--runway 21 runway protection zone.
    Construct snow removal equipment building.
    Construct access road--west side.
    Decision Date: November 20, 2006.
    For Further Information Contact: Terry Page, Washington Airports
District Office,<PHONE_NUMBER>.
    Public Agency: Maryland Department of Transportation and Maryland
Aviation Administration, Baltimore, Maryland.
    Application Number: 08-07-C-00-BWI.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $16,298,000.
    Earliest Charge Effective Date: January 1, 2017.
    Estimated Charge Expiration Date: March 1, 2017.
    Class of Air Carriers Not Required to Collect PFC's:
    Nonscheduled/on-demand air carriers filing FAA Form 1800-31.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Baltimore-Washington International Thurgood Marshall Airport.
    Brief Description of Project Approved for Collection and Use at a
$3.00 PFC Level: Terminal improvement program.
    Brief Description of Project Approved for Collection at a $4.50 PFC
Level: Runway safety area (supporting design for environmental
assessment).
    Decision Date: February 13, 2008.
    For Further Information Contact: Terry Page, Washington Airports
District Office,<PHONE_NUMBER>.
    Public Agency: City of Manchester, New Hampshire.
    Application Number: 08-12-U-00-MHT.
    Application Type: Use PFC revenue.
    PFC Level: $3.00.
    Total PFC Revenue Approved for Use in this Decision: $11,401,727.
    Charge Effective Date: November 1, 2018.
    Estimated Charge Expiration Date: October 1, 2020.
    Class of Air Carriers Not Required to Collect PFC's: No change from
previous decision.
    Brief Description of Projects Approved for Use:
    Glycol collection system.
    Extension of runway 24 safety area.
    Decision Date: February 29, 2008.
    For Further Information Contact: Priscilla Scott, New England
Region Airports Division,<PHONE_NUMBER>.
    Public Agency: Louisville Regional Airport Authority, Louisville,
Kentucky.
    Application Number: 08-05-C-00-SDF.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $900,000.
    Earliest Charge Effective Date: June 1, 2018.
    Estimated Charge Expiration Date: July 1, 2018.
    Class of Air Carriers Not Required to Collect PFC's:
    All air taxi/commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Louisville International Airport.
    Brief Description of Projects Approved for Collection and Use:
    Purchase aircraft rescue and firefighting truck with 1,500 gallon
unit.
    Purchase interactive employee security identification display area
and driver training system.
    Decision Date: September 29, 2008.
    For Further Information Contact: Tommy DuPree, Memphis Airports
District Office,<PHONE_NUMBER>.
    Public Agency: Helena Regional Airport Authority, Helena, Montana.
    Application Number: 08-04-C-00-HLN.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $893,513.
    Earliest Charge Effective Date: October 1, 2012.
    Estimated Charge Expiration Date: February 1, 2015.
    Class of Air Carriers not Required to Collect PFC'S:
    On-demand, non-scheduled air taxi/commercial operators.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the proposed
class

accounts for less than 1 percent of the total annual enplanements at
Helena Regional Airport.
    Brief Description of Projects Approved for Collection and Use:
    Rehabilitate taxiways A, B, C, and D pavement.
    Install security gates.
    Rocky Mountain emergency services training center upgrades.
    Terminal security upgrade.
    Aircraft rescue and firefighting/snow removal equipment building
expansion.
    Class 2 aircraft rescue and firefighting truck.
    Airside capacity master plan.
    Jetway rehabilitation.
    Snow removal equipment.
    Rehabilitate taxiways A, B, C, D, and E.
    Air carrier ramp expansion.
    1,500 gallon aircraft rescue and firefighting truck.
    Satellite aircraft rescue and firefighting building expansion.
    Terminal expansion.
    Decision Date: October 8, 2008.
    For Further Information Contact: Dave Stelling, Helena Airports
District Office,<PHONE_NUMBER>.
    Public Agency: County of Oneida and City of Phinelander, Wisconsin.
    Application Number: 08-11-C-00-RHI.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved In This Decision: $51,432.
    Earliest Charge Effective Date: May 1, 2012.
    Estimated Charge Expiration Date: November 1, 2012.
    Class of Air Carriers Not Required to Collect PFC's:
    Air taxi/commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Rhinelander/Oneida County Airport.
    Brief Description of Projects Approved for Collection and Use:
    General aviation area expansion.
    Lighting design.
    Replace/upgrade lighting and electrical.
    PFC administration.
    Decision Date: October 14, 2008.
    For Further Information Contact: Nancy Nistler, Minneapolis
Airports District Office,<PHONE_NUMBER>.
    Public Agency: State of Connecticut Department of Transportation
Bureau of Aviation and Ports, Windsor Locks, Connecticut.
    Application Number: 08-17-C-00-BDL.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved In This Decision: $11,260,335.
    Earliest Charge Effective Date: November 1, 2016.
    Estimated Charge Expiration Date: June 1, 2017.
    Class of Air Carriers Not Required to Collect PFC's:
    On-demand air taxi commercial operators.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Bradley International Airport.
    Brief Description of Projects Approved for Collection at a $4.50
PFC Level:
    Reconstruction of runway 6/24.
    Construct of taxiway W off runway 15.
    Purchase of two mobile glycol collection units.
    Pilot noise insulation and residential sound insulation program.
    Purchase two aircraft rescue and firefighting trucks.
    Design of airfield lighting vault.
    Installation of electrical cogeneration engine.
    Decision Date: November 3, 2008.
    For Further Information Contact: Priscilla Scott, New England
Region Airports Division,<PHONE_NUMBER>.
    Public Agency: Dubuque Regional Airport Commission, Dubuque, Iowa.
    Application Number: 09-10-U-00-DBQ.
    Application Type: Use PFC revenue.
    PFC Level: $4.50.
    Total PFC Revenue Approved For Use In This Decision: $3,292,496.
    Charge Effective Date: November 1, 2006.
    Estimated Charge Expiration Date: March 1, 2008.
    Class of Air Carriers Not Required to Collect PFC's: No change from
previous decision.
    Brief Description of Projects Approved for Use:
    Terminal schematic/site design.
    Runway 31 parallel and connecting taxiways.
    Decision Date: May 28, 2009.
    For Further Information Contact: Todd Madison, Central Region
Airports Division,<PHONE_NUMBER>.
    Public Agency: City of Colorado Springs, Colorado.
    Application Number: 09-15-C-00-COS.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total PFC Revenue Approved in This Decision: $848,562.
    Earliest Charge Effective Date: December 1, 2013.
    Estimated Charge Expiration Date: April 1, 2014.
    Class of Air Carriers Not Required to Collect PFC's: None.
    Brief Description of Projects Approved for Collection and Use:
    Rehabilitation of taxiways G and H (phase I).
    Reconstruction of runway 12/20 (design).
    Update airport master plan/airport layout plan.
    Fleet improvement (phase II).
    Brief Description of Disapproved Projects: Interior signage.
    Determination: This project is not PFC eligible as a stand-alone
project.
    Operations and communications center.
    Determination: This project is not PFC-eligible.
    Decision Date: June 2, 2009.
    For Further Information Contact: Chris Schaeffer, Denver Airports
District Office,<PHONE_NUMBER>.
    Public Agency: City of Colorado Springs, Colorado.
    Application Number: 09-16-C-00-COS.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total PFC Revenue Approved In This Decision: $719,024.
    Earliest Charge Effective Date: April 1, 2014.
    Estimated Charge Expiration Date: August 1, 2014.
    Class of Air Carriers Not Required to Collect PFC's: None.
    Brief Description of Project Approved for Collection and Use: Jet
bridge rehabilitation.
    Brief Description of Disapproved Project: Terminal seating.
    Determination: This project is not PFC eligible as a stand-alone
project.
    Decision Date: June 4, 2009.
    For Further Information Contact: Chris Schaeffer, Denver Airports
District Office,<PHONE_NUMBER>.
    Public Agency: County of Jackson, Medford, Oregon.
    Application Number: 09-10-C-00-MFR.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved In This Decision: $87,302.
    Earliest Charge Effective Date: August 1, 2025.
    Estimated Charge Expiration Date: September 1, 2025.

    Class of Air Carriers Not Required to Collect PFC's:
    Air taxi/commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Rogue Valley International--Medford Airport.
    Brief Description of Projects Approved for Collection and Use:
    Aircraft rescue and firefighting truck.
    Master plan.
    Taxiway centerline markings.
    PFC administration.
    Decision Date: June 4, 2009.
    For Further Information Contact: Trang Iran, Seattle Airports
District Office,<PHONE_NUMBER>.
    Public Agency: Cedar Rapids Airport Commission, Cedar Rapids, Iowa.
    Application Number: 09-05-C-00-CID.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $11,883,739.
    Earliest Charge Effective Date: November 1, 2009.
    Estimated Charge Expiration Date: November 1, 2015.
    Class of Air Carriers Not Required to Collect PFC's:
    Air taxi/commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at The Eastern Iowa Airport.
    Brief Description of Projects Approved for Collection and Use:
    Reconstruct runway 9/27.
    Renovate terminal building--C concourse and collector doors.
    Purchase snow removal equipment.
    PFC application development.
    PFC program administration.
    Brief Description of Projects Approved for Use:
    Renovate terminal building--in-line bag screening.
    Construct aircraft rescue and firefighting building.
    Decision Date: June 5, 2009.
    For Further Information Contact: Todd Madison, Central Region
Airports Division,<PHONE_NUMBER>.
    Public Agency: City of Dayton, Ohio.
    Application Number: 09-06-C-00-DAY.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $3,220,906.
    Earliest Charge Effective Date: May 1,2017.
    Estimated Charge Expiration Date: November 1, 2017.
    Class Of Air Carriers Not Required to Collect PFC's:
    Air taxi/commercial operators.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the proposed
class accounts for less than I percent of the total annual enplanements
at Dayton International Airport (DAY).
    Brief Description of Projects Approved for Collection at Day and
Use at Day:
    Airport water main.
    Transportation Security Administration security checkpoint
construction.
    PFC implementation and administration.
    Install wildlife fencing.
    Airfield obstruction removal.
    Airfield drainage system improvements.
    Airfield pavement reconstruction.
    Master plan and airport layout plan update.
    Improve 6R/24L runway safety area.
    Perimeter road projects.
    Pavement management study--II.
    Brief Description of Projects Approved for Collection at Day and
Use at Dayton-Wright Brothers Airport:
    Airport layout plan update and runway safety area study.
    Install wildlife fencing.
    Decision Date: June 12, 2009.
    For Further Information Contact: Irene Porter, Detroit Airports
District Office,<PHONE_NUMBER>.
    Public Agency: City of Harlingen, Texas.
    Application Number: 09-04-C-00-HRL.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $13,044,000.
    Earliest Charge Effective Date: August 1, 2009.
    Estimated Charge Expiration Date: May 1, 2012.
    Class of Air Carriers Not Required to Collect PFC's: Air taxi/
commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Valley International Airport.
    Brief Description of Projects Approved for Collection and Use:
    Terminal baggage handling improvements--feasibility study.
    Rehabilitate lighting--runway 17L and vault.
    Taxiway improvements--H, A and B.
    Replace airfield fencing.
    Replace aircraft rescue and firefighting building.
    Purchase runway sweeper.
    Upgrade terminal roadway system.
    Rehabilitate terminal building.
    PFC administration cost.
    Rehabilitate lighting--taxiways C, H and B.
    Runway improvements--runway 17R/35L.
    Runway improvements--runway 13/31.
    Replace aircraft rescue and firefighting trucks.
    Replace aircraft rescue and firefighting equipment.
    Decision Date: June 15, 2009.
    For Further Information Contact: Glenn Boles, Texas Airports
Development Office<PHONE_NUMBER>.
    Public Agency: City of Idaho Falls, Idaho.
    Application Number: 09-04-C-00-IDA.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $1,658,299.
    Earliest Charge Effective Date: July 1, 2020.
    Estimated Charge Expiration Date: October 1, 2023.
    Class of Air Carriers Not Required to Collect PFC's:
    Non-scheduled air taxi/commercial operators filing FAA Form 1800-31
and utilizing aircraft having a seating capacity of less than 20
passengers.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at Idaho Falls Regional Airport.
    Brief Description of Projects Approved for Collection and Use:
    Rehabilitate taxiway C.
    Install runway 20 precision approach path indicators.
    Procure snow removal equipment.
    Extend terminal access road.
    Rehabilitate east/west general aviation apron.
    Rehabilitate runway 17/35.
    Rehabilitate air carrier apron.
    Design and construct southwest general aviation apron.
    Acquire snow removal equipment.
    Reconstruct/rehabilitate runway 2/20.
    Construct snow removal equipment building.

    Master plan.
    PFC administration costs.
    Rehabilitate and expand cargo apron.
    Rehabilitate taxiway B (parallel taxiway for runway 17/35).
    Rehabilitate taxiway A (parallel taxiway for runway 2/20).
    Decision Date: June 16, 2009.
    For Further Information Contact: Trang Tran, Seattle Airports
District Office,<PHONE_NUMBER>.

                                           Amendments to PFC Approvals
----------------------------------------------------------------------------------------------------------------
                                                                                Original         Amended
                                     Amendment       Original         Amended        estimated       estimated
   Amendment No., city, state      approved date   approved net    approved net     charge exp.     charge exp.
                                                    PFC revenue     PFC revenue        date            date
----------------------------------------------------------------------------------------------------------------
08-07-C-01-BWI, Baltimore, MD...        04/29/09     $16,298,000     $10,689,000        03/01/17        03/01/17
07-10-C-01-DSM, Des Moines, IA..        05/26/09       7,662,500       9,152,500        08/01/17        08/01/17
02-04-C-04-MOB, Mobile, AL......        05/28/09       2,837,748       2,854,775        02/01/07        02/01/07
05-08-C-02-DSM, Des Moines, IA..        05/28/09       2,250,000       2,647,600        01/01/12        01/01/12
05-09-C-01-DSM, Des Moines, IA..        05/28/09       9,673,807      10,456,407        08/01/15        08/01/15
08-11-C-01-DSM, Des Moines, IA..        05/28/09       2,525,646       4,681,798        01/01/18        01/01/18
05-05-C-02-GEG, Spokane, WA.....        05/28/09      13,827,800      13,213,936        12/01/07        04/01/07
00-09-C-02-HSV, Huntsville, AL..        06/02/09         777,615         735,242        11/01/03        11/01/03
00-05-C-02-CLM, Port Angeles, WA        06/17/09         198,350         208,350        10/01/03        09/01/02
04-08-C-01-RHI, Rhinelander, WI.        06/22/09         200,936         159,499        04/01/05        05/01/05
99-02-C-01-CMI, Champaign, IL...        06/23/09       1,418,400       1,136,910        02/01/04        02/01/04
07-10-C-02-DSM, Des Moines, IA..        06/23/09       9,152,500       9,175,000        08/01/17        08/01/17
00-05-C-01-YKM, Yakima, WA......        06/23/09         480,000         219,660        04/01/02        04/01/02
02-08-C-01-YKM, Yakima, WA......        06/24/09          55,000          42,805        09/01/02        03/01/01
05-09-C-01-YKM, Yakima, WA......        06/24/09         198,184         217,898        11/01/03        07/01/02
05-10-C-01-YKM, Yakima, WA......        06/24/09         701,494         712,147        06/01/08        08/01/06
----------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC on July 16, 2009.
Joe Hebert,
Manager, Financial Analysis and Passenger Facility Charge Branch.
[FR Doc. E9-17583 Filed 7-23-09; 8:45 am]

BILLING CODE 4910-13-M