[Federal Register: July 15, 2008 (Volume 73, Number 136)]
[Notices]
[Page 40639-40643]
[DOCID:fr15jy08-103]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28329; 812-13074]

ING Clarion Real Estate Income Fund, et al.; Notice of
Application

 July 8, 2008.
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 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, and as frequently as
distributions are specified by or in accordance with the terms of any
outstanding preferred stock that such investment companies may issue.

Applicants: ING Clarion Real Estate Income Fund (``IIA''), ING Clarion
Global Real Estate Income Fund (``IGR''), and ING Clarion Real Estate
Securities, L.P. (the ``Adviser'').

Filing Dates: March 26, 2004, February 1, 2007, June 12, 2008, and July
8, 2008.

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 August 4, 2008, 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, 201 King of Prussia Road,
Suite 600, Radnor, PA 19087, Attention: T. Ritson Ferguson.

FOR FURTHER INFORMATION CONTACT: Wendy Friedlander, Senior Counsel, at
(202) 551-6837, or James M. Curtis, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Chief Counsel).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Room, 100 F Street, NE., Washington
20549-1520 (telephone<PHONE_NUMBER>).
    Applicants' Representations:
    1. Each of IIA and IGR is a registered closed-end management
investment company organized as a Delaware statutory trust, and each
has high current income as its primary objective and capital
appreciation as its

secondary objective.\1\ The common shares issued by IIA and IGR are
listed on the New York Stock Exchange, and the preferred shares issued
by each are not listed on any exchange. Applicants believe that the
shareholders of IIA and IGR are generally conservative, dividend-
sensitive investors who desire current income periodically and may
favor a fixed distribution policy.
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    \1\ Applicants request that any order issued granting the relief
requested in the application also apply to any closed-end investment
company (``fund'') that in the future: (a) Is advised by the Adviser
(including any successor in interest) or by any entity controlling,
controlled by, or under common control (within the meaning of
section 2(a)(9) of the Act) with the Adviser; and (b) complies with
the terms and conditions of the requested order. 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 Adviser is registered under the Investment Advisers Act of
1940 and is responsible for the overall management of IIA and IGR. The
Adviser is a subsidiary of ING Group, N.V., a financial services
organization based in The Netherlands.
    3. Applicants represent that on November 16, 2006, the Boards of
Trustees (the ``Boards'') of each of IIA and IGR, including a majority
of the members of each of the Boards who are not ``interested persons''
of each fund (the ``Independent Trustees'') as defined in section
2(a)(19) of the Act, reviewed information regarding the purpose and
terms of a proposed distribution policy, the likely effects of such
policy on the respective fund's long-term total return (in relation to
market price and net asset value (``NAV'') per common share) and the
relationship between the fund's distribution rate on its common shares
under the policy and the fund's total return on NAV per share.
Applicants state that the Independent Trustees of each of IIA and IGR
also considered what conflicts of interest the Adviser and the
affiliated persons of the Adviser and each fund might have with respect
to the adoption or implementation of such policy. Applicants further
state that after considering such information the Board, including the
Independent Trustees, of each of IIA and IGR approved a distribution
policy and related plan with respect to each of the respective fund's
common shares (a ``Plan'') and determined that such policy and Plan are
consistent with the relevant fund's investment objectives and in the
best interests of such fund's common shareholders.
    4. Applicants state that the purpose of each of the proposed Plans
would be to permit each 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 the fund during such year and, if so determined
by its Board, all or a portion of the returns of capital paid by
portfolio companies to the fund during such year. Applicants represent
that each of the funds would distribute to its respective common
shareholders a fixed monthly percentage or amount under its proposed
Plan, which percentage or amount may be adjusted from time to time.
Applicants state that the minimum annual distribution rate with respect
to a fund's common shares under each Plan would be independent of the
fund's performance during any particular period but would be expected
to correlate with the fund's performance over time. Applicants explain
that each distribution on the common shares would be at the stated rate
then in effect, 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 (the ``Code'') for the calendar year.
Applicants expect that over time the NAV distribution rate with respect
to a fund's common shares will approximately equal that fund's total
return on NAV.
    5. Applicants state that at the November 16, 2006 meeting, the
Boards of IIA and IGR each also adopted policies and procedures under
rule 38a-1 under the Act that are reasonably designed to ensure that
all notices sent to IIA or IGR shareholders with distributions under
the Plan (``Notices'') comply with condition II below, and that all
other written communications by IIA or IGR or its agents regarding
distributions under the Plan include the disclosure required by
condition III below. Applicants state that the Boards of IIA and IGR
each also adopted policies and procedures at that meeting that require
IIA and IGR to keep records that demonstrate each fund's compliance
with all of the conditions of the requested order and that are
necessary for each fund to form the basis for, or demonstrate the
calculation of, the amounts disclosed in its Notices.
    Applicants' Legal Analysis:
    1. Section 19(b) generally makes it unlawful for any registered
investment company to make long-term capital gains distributions more
than once each year. Rule 19b-1 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 regular distributions of capital gains and
distributions of 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.,
estimated net 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 state that
the same information also is included in IIA's and IGR's annual reports
to shareholders and on its IRS Form 1099-DIV, which is sent to each
common and preferred shareholder who received distributions during the
year.
    4. Applicants further state that each of IIA and IGR will make the
additional disclosures required by the conditions set forth below, and
each of them has adopted compliance policies and procedures in
accordance with rule 38a-1 to ensure that all required 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 each Plan and the
conditions listed below, the funds would ensure that each fund's
shareholders are provided sufficient information to understand that
their periodic distributions are not tied to the fund's net investment
income (which for this purpose is the 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 each fund's
compliance procedures and condition III 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 assert that the ``selling the
dividend'' concern should not apply to closed-end investment companies,
such as IIA and IGR, which 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 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 that
invest primarily in equity securities often trade in the marketplace at
a discount to their NAV. Applicants believe that this discount may be
reduced for closed-end funds that 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 Plan imposes pressure on management
(i) 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 (ii) 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 the limitation on the number of capital gain distributions
that a fund may make with respect to any one year imposed by rule 19b-
1, may prevent the efficient operation of a Plan whenever that fund's
realized net long-term capital gains in any year exceed the total of
the periodic distributions that may include such capital gains under
the rule.
    8. In addition, Applicants assert that rule 19b-1 may cause fixed
regular periodic distributions under a 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 realized net 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 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, 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 the provisions of section 19(b) and rule 19b-1 to permit
each fund's common stock 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 in respect of its common shares and as often as
specified by or determined in accordance with the terms thereof in
respect of its preferred shares.\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, with respect to each fund seeking to rely on
the order, the order will be subject to the following conditions:

I. Compliance Review and Reporting

    The fund's chief compliance officer will: (a) Report to the fund
Board, no less frequently than once every three months or at the next
regularly scheduled quarterly board meeting, whether (i) the fund and
the fund adviser have complied with the conditions to the requested
order, and (ii) a Material Compliance Matter, as defined in rule 38a-
1(e)(2), has occurred with respect to compliance with such conditions;
and (b) review the adequacy of the policies and procedures adopted by
the fund no less frequently than annually.

II. Disclosures to Fund Shareholders

    A. Each Notice to the holders of the fund's common shares, in
addition to the information required by section 19(a) and rule 19a-1:
    1. Will provide, in a tabular or graphical format:

    (a) The amount of the distribution, on a per common share basis,
together with the amounts of such distribution amount, on a per common
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;
    (b) The fiscal year-to-date cumulative amount of distributions, on
a per common share basis, together with the amounts of such cumulative
amount, on a per common 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;
    (c) 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 declaration 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 declaration date; and
    (d) 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 declaration 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 declaration 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
    2. Will include the following disclosure:
    (a) ``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'';
    (b) ``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'''; and
    (c) ``The amounts and sources of distributions reported in this
Notice are only estimates and are not being provided for tax reporting
purposes. The actual amounts and sources of the amounts for [accounting
and] 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 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:
    1. Describe the terms of the Plan (including the fixed amount or
fixed percentage of the distributions and the frequency of the
distributions);
    2. Include the disclosure required by condition II.A.2.a above;
    3. 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
    4. 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 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.

III. Disclosure to Shareholders, Prospective Shareholders and Third
Parties

    A. The fund will include the information contained in the relevant
Notice, including the disclosure required by condition II.A.2 above, in
any written communication (other than a 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. The fund will issue, contemporaneously with the issuance of any
Notice, a press release containing the information in the Notice and
will file with the Commission the information contained in such Notice,
including the disclosure required by condition II.A.2 above, as an
exhibit to its next filed Form N-CSR; and
    C. The fund will post prominently a statement on its (or its
adviser's) Web site containing the information in each Notice,
including the disclosure required by condition II.A.2 above, and will
maintain such information on such Web site for at least 24 months.

IV. Delivery of 19(a) Notices to Beneficial Owners

    If a broker, dealer, bank or other person (``financial
intermediary'') holds common stock issued by the 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
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 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 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 Notice, will pay the
financial intermediary, or its agent, the reasonable expenses of
sending the Notice to such beneficial owners.

V. Additional Board Determinations for Funds Whose Shares Trade at a
Premium If

    A. The fund's common shares have traded on the 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:
    1. 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:

    (a) Will request and evaluate, and the fund's 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;
    (b) Will determine whether continuation, or continuation after
amendment, of the Plan is consistent with the fund's investment
objective(s) and policies and in the best interests of the fund and its
shareholders, after considering the information in condition V.B.1.a
above; including, without limitation:
    (1) Whether the Plan is accomplishing its purpose(s);
    (2) The reasonably foreseeable 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
    (3) The fund's current distribution rate, as described in condition
V.B above, compared with the fund's average annual total return over
the 2-year period, as described in condition V.B, or such longer period
as the board deems appropriate; and
    (c) Based upon that determination, will approve or disapprove the
continuation, or continuation after amendment, of the Plan; and
    2. The Board will record the information considered by it 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.

VI. Public Offerings

    The fund will not make a public offering of the fund's common
shares other than:
    A. A rights offering below net asset value to holders of the fund's
common stock;
    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 VI.A
and VI.B above, unless, with respect to such other offering:
    1. The fund's average annual distribution rate for the six months
ending on the last day of the month ended immediately prior to the most
recent distribution declaration date,\4\ 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; \5\ and
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    \4\ If the fund has been in operation fewer than two years, the
measured period will begin immediately following the fund's first
public offering.
    \5\ If the fund has been in operation fewer than five years, the
measured period will begin immediately following the fund's first
public offering.
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    2. 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 in accordance with the terms
of any outstanding preferred stock that such fund may issue.

VII. Amendments to Rule 19b-1

    The requested relief 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.

    By the Commission.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-15988 Filed 7-14-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Notices]
[Pages 70998-71001]
[FR Doc No: 2012-28726]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0014; FRL-9370-3]

Notice of Receipt of Requests to Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by registrants to voluntarily cancel certain pesticide registrations.
EPA intends to grant these requests at the close of the comment period
for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
requests, or unless the registrants withdraw its requests. If these
requests are granted, any sale, distribution, or use of products listed
in this notice will be permitted after the registration has been
cancelled only if such sale, distribution, or use is consistent with
the terms as described in the final order.

DATES: Comments must be received on or before May 28, 2013.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0014, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
    Submit written withdrawal request by mail to: Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. ATTN: John W. Pates, Jr.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.

Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: John W. Pates, Jr., Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What action is the Agency taking?

    This notice announces receipt by the Agency of requests from
registrants to cancel 22 pesticide products, including certain
resmethrin product registrations, registered under FIFRA section 3 or
24(c). These registrations are listed in sequence by registration
number (or company number and 24(c) number) in Tables 1a and 1b of this
unit.
    Unless the Agency determines that there are substantive comments
that warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue orders in the Federal Register
canceling all of the affected registrations.
    Resmethrin Products<PHONE_NUMBER>7,<PHONE_NUMBER>6 and<PHONE_NUMBER>6).
Resmethrin is a member of the pyrethroid class of pesticides. It is a
broad spectrum, non-systemic, synthetic pyrethroid insecticide. There
are only three resmethrin products registered at this time, and these
products are registered only for public health vector control use,
including use as a wide area mosquito abatement insecticide. All other
previously registered resmethrin products and uses not listed in this
notice have been cancelled in previous Federal Register notices. The
resmethrin product registrations listed in this Federal Register notice
(000432-00667,<PHONE_NUMBER>6 and<PHONE_NUMBER>6) are the last three
remaining registrations for resmethrin.
    The registrants have requested voluntary cancellation of these
resmethrin containing products based on the fact that the costs to
fulfill the Data Call-In (DCI) requirements from the 2006 Resmethrin
Reregistration Eligibility Decision (RED), the anticipated DCI
requirements for the registration review of resmethrin, and the
Endocrine Disruptor Screening Program (EDSP) testing order data
requirements are not justified by the market opportunity in the vector
control business segment. Resmethrin users or anyone else that desires
the retention of any of these resmethrin registrations for only public
health vector control should contact the applicable registrants during
the comment period. For the most up-to-date, complete listing of the
registration review and reregistration data needed to support any of
these resmethrin registrations, refer to the June 22, 2012 Resmethrin
Preliminary Work Plan located in docket number EPA-HQ-OPP-2012-0414 at
www.regulations.gov. For a complete listing of the Tier I screening
battery data required for resmethrin by the Endocrine Disruptor
Screening Program, refer to Federal Register notice (74 FR 54416,
October 21, 2009) located at www.gpo.gov/fdsys. These data would need
to be submitted well in advance of the proposed cancellation date for
EPA to consider amending the cancellation of resmethrin and retaining
any of the products listed in this notice.

                         Table 1a--Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
          Registration No.                        Product name                          Chemical name
----------------------------------------------------------------------------------------------------------------
000264-00977........................  Tops-MZ-Gaucho Potato Seed-Piece      Mancozeb, Thiophanate-methyl,
                                       Treatment.                            Imidacloprid.
000264-00978........................  Gaucho-MZ Potato Seed-Piece           Mancozeb, Imidacloprid.
                                       Treatment.
000264-00996........................  Raxil MD-W Seed Treatment...........  Metalaxyl, Tebuconazole,
                                                                             Imidacloprid.
005383-00011........................  Troysan 174.........................  2-((Hydroxymethyl) amino)ethanol.
010466-00028........................  Ultrafresh DM-50....................  Tributyltin maleate.
040849-00072........................  Enforcer P002-082797-RMP............  S-Methoprene/Permethrin.
042177-00009........................  Olympic Algaecide 20................  Poly(oxy-1,2-
                                                                             ethanediyl(dimethylimino)-1,2-
                                                                             ethanediyl(dimethylimino)-1,2-
                                                                             ethanediyl dichloride).
046043-00031........................  Suncoast's Pool Algaecide 20........  Poly(oxy-1,2-ethanediyl
                                                                             (dimethylimino)-1,2-ethanediyl
                                                                             (dimethylimino)-1,2-ethanediyl
                                                                             dichloride).
062910-00032........................  Arch CMIT/MIT.......................  5-Chloro-2-methyl-3(2H)-
                                                                             isothiazolone, 2-Methyl-3(2H)-
                                                                             isothiazolone.
062910-00035........................  Arch CMIT/MIT 14 MUP................  2-Methyl-3(2H)-isothiazolone, 5-
                                                                             Chloro-2-methyl-3(2H)-
                                                                             isothiazolone.
074601-00001........................  Chlorothalonil Technical Fungicide..  Chlorothalonil.
075449-00003........................  Sodium Bichromate Solution 69%......  Dichromic acid, (H2Cr207), disodium
                                                                             salt, dihydrate.
AZ-030006...........................  Dual Magnum Herbicide...............  S-Metolachlor.
AZ-070007...........................  Gramoxone Inteon....................  Paraquat dichloride.

AZ-090001...........................  Ethrel Brand Ethephon Plant           Ethephon.
                                       Regulator.
CO090004............................  Actara Insecticide..................  Thiamethoxam.
CO120001............................  Gramoxone SL 2.0....................  Paraquat dichloride.
LA-110006...........................  Milestone VM........................  Triisopropanolamine salt of
                                                                             aminopyralid.
OR-070032...........................  DuPont Direx 4L Herbicide...........  Diuron.
----------------------------------------------------------------------------------------------------------------

                    Table 1b--Resmethrin Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
          Registration No.                        Product name                          Chemical name
----------------------------------------------------------------------------------------------------------------
000432-00667........................  Scourge Insecticide W/SBP-1382/       Piperonyl butoxide/Resmethrin.
                                       Piperonyl Butoxide 18% + 54% MF
                                       Form. II.
000432-00716........................  Scourge Insecticide W/SBP-1382/       Piperonyl butoxide/Resmethrin.
                                       Piperonyl Butoxide 4% + 12% MF FII.
073049-00086........................  SBP-1382 Technical with Antioxidant.  Resmethrin.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Tables 1a and 1b of this unit, in
sequence by EPA company number. This number corresponds to the first
part of the EPA registration numbers of the products listed in this
unit.

         Table 2--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
     EPA company No.                  Company name and address
------------------------------------------------------------------------
264......................  BAYER CROPSCIENCE, LP, 2 T.W. Alexander
                            Drive, P.O. Box 12014, Research Triangle
                            Park, North Carolina 27709.
432......................  BAYER ENVIRONMENTAL SCIENCE, 2 T.W. Alexander
                            Drive, P.O. Box 12014, Research Triangle
                            Park, North Carolina 27709.
5383.....................  TROY CHEMICAL CORP, 8 Vreeland Road, P.O. Box
                            955, Florham Park, NJ 07932-4200.
10466....................  THOMAS RESEARCH ASSOCIATES, Shenstone
                            Estates, 17804 Braemar Pl., Leesburg,
                            Virginia 201767046.
40849....................  ZEP COMMERCIAL SALES & SERVICES, 4196
                            Merchant Plaza 344, Lake Ridge,
                            Virginia 22192.
42177....................  ALLIANCE TRADING, INC, 1150 18th Street NW.,
                            Suite 1000, Washington, DC 20036.
46043....................  SUNCOAST CHEMICALS COMPANY, 14480 62nd St. N,
                            Clearwater, FL 33760.
62190....................  ARCH WOOD PROTECTION, INC, 5660 New Northside
                            Drive, Suite 1100, Atlanta, Georgia 30328.
73049....................  VALENT BIOSCIENCES CORPORATION, 870
                            Technology Way, Libertyville, Illinois
                            600486316.
74601....................  OXON ITALIA S.P.A., Agent: Lewis & Harrison,
                            LLC, 122 C Street NW., Suite 740,
                            Washington, DC 20001.
75449....................  ELEMENTIS CHROMIUM, LP, 5408 Holly Shelter
                            Road, Castle Hayne, NC 28429.
AZ030006.................  SYNGENTA CROP PROTECTION, LLC, 410 Swing
AZ070007.................   Road, P.O. Box 18300, Greensboro, NC 27419-
CO090004.................   8300.
CO120001.................
LA110006.................  DOW AGROSCIENCES, LLC, 9330 Zionsville Rd,
                            308/2E, Indianapolis, IN 46268-1054.
OR070032.................  E.I. DUPONT DE NEMOURS and COMPANY (S300/
                            419), Manager, Registration & Regulatory
                            Affairs, 1007 Market Street, Wilmington,
                            Delaware 19898-0001.
AZ090001.................  BAYER CROPSCIENCE, LP, 2 T.W. Alexander
                            Drive, P.O. Box 12014, Research Triangle
                            Park, NC 27709.
------------------------------------------------------------------------

III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    Section 6(f)(1)(B) of FIFRA requires that before acting on a
request for voluntary cancellation, EPA must provide a 30-day public
comment period on the request for voluntary cancellation or use
termination. In addition, FIFRA section 6(f)(1)(C) requires that EPA
provide a 180-day comment period on a request for voluntary
cancellation or termination of any minor agricultural use before
granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants in Table 2 of Unit II. have not requested that EPA
waive the 180-day comment period. Accordingly, EPA will provide a 180-
day comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation
should submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. If the products have been subject to a
previous cancellation action, the effective date of cancellation and
all other provisions of any earlier cancellation action are
controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. If the requests for voluntary cancellation are
granted, the EPA intends to publish the

Cancellation Order in the Federal Register.

A. For All Products Listed in Table 1a in Unit II

    Because the Agency has identified no significant potential risk
concerns associated with these pesticide products, upon cancellation of
the products identified in Table 1a of Unit II., EPA anticipates
allowing registrants to sell and distribute existing stocks of these
products for 1 year after publication of the Cancellation Order in the
Federal Register. Thereafter, registrants will be prohibited from
selling or distributing the pesticides identified in Table 1a of Unit
II., except for export consistent with FIFRA section 17 or for proper
disposal. Persons other than registrants will generally be allowed to
sell, distribute, or use existing stocks until such stocks are
exhausted, provided that such sale, distribution, or use is consistent
with the terms of the previously approved labeling on, or that
accompanied, the canceled products.

B. For All Products Listed in Table 1b in Unit II

    In any order issued in response to these requests for cancellation
of product registrations, EPA proposes to include the following
provisions for the treatment of any existing stocks of the products
containing resmethrin listed in Table 1b of Unit II.
    After December 31, 2015, registrants will be prohibited from
selling or distributing existing stocks of products containing
resmethrin labeled for all uses.
    After December 31, 2015, persons other than the registrants will be
allowed to sell, distribute, or use existing stocks of products
containing resmethrin until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 19, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2012-28726 Filed 11-27-12; 8:45 am]
BILLING CODE 6560-50-P


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

General Comment:Dear Mr. Zeller

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life and helped me to quit smoking after a 35 year habit. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Thank you  Julie Waechter


[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Page 53197]
[FR Doc No: 2012-21512]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-2513-000]

Raven Power Marketing LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Raven Power Marketing LLC's application for market-based rate
authority, with an accompanying rate schedule, 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 September 17, 2012.
    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
14 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(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 27, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-21512 Filed 8-30-12; 8:45 am]
BILLING CODE 6717-01-P