[Federal Register: May 1, 2008 (Volume 73, Number 85)]
[Notices]
[Page 24075-24076]
[DOCID:fr01my08-55]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Dermatologic and Ophthalmic Drugs Advisory Committee; Notice of
Meeting

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Dermatologic and Ophthalmic Drugs Advisory
Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on June 17, 2008, from 8
a.m. to 5 p.m., and June 18, 2008, from 8 a.m. to 2 p.m.
    Location: Food and Drug Administration, Center for Drug Evaluation
and Research, Advisory Committee Conference Room, rm. 1066, 5630
Fishers Lane, Rockville, MD.
    Contact Persons: Yvette Waples or John Lauttman, Center for Drug
Evaluation and Research (HFD-21), Food and Drug Administration, 5600
Fishers Lane (for express delivery, 5630 Fishers Lane, rm. 1093),
Rockville, MD 20857,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), code
3014512534. Please call the Information Line for up-to-date information
on this meeting. A notice in the Federal Register about last minute
modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice. Therefore, you should always check the agency's Web site and
call the appropriate advisory committee hotline/phone line to learn
about possible modifications before coming to the meeting.
    Agenda: On June 17, 2008, the committee will discuss biologic
licensing application (BLA) 125261, ustekinumab, a human monoclonal
antibody, Centocor, Inc., proposed for the treatment of moderate to
severe psoriasis. On June 18, 2008, the committee will discuss
supplemental biologic licensing application (sBLA) 103795/5350,
etanercept, a lyophilized powder for subcutaneous injection, Immunex
Corp., proposed for the treatment of moderate to severe psoriasis in
the pediatric population.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2008 and scroll down to the appropriate advisory committee
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before June
3, 2008. Oral presentations from the public will be scheduled between
approximately 1 p.m. and 2 p.m. Those desiring to make formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before May 27, 2008. Time allotted for each presentation may be
limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by May 28,
2008.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical

disabilities or special needs. If you require special accommodations
due to a disability, please contact Yvette Waples or John Lauttman at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: April 22, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-9549 Filed 4-30-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Notices]
[Pages 14967-14968]
[FR Doc No: 2011-6309]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2010-0374; FRL-9282-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Primary Aluminum
Reduction Plants (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to theOffice of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before April 18,
2011.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2010-0374, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia A. Williams, Office of
Compliance, Mail Code 2223A, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-4113; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On June 2, 2010 (75 FR 30813), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2010-0374, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov.
    Title: NESHAP for Primary Aluminum Reduction Plants (Renewal).
    ICR Numbers: EPA ICR Number 1767.06, OMB Control Number 2060-0360.
    ICR Status: This ICR is scheduled to expire on April 30, 2011.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An agency may not

conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations in title
40 of the CFR, after appearing in the Federal Register when approved,
are listed in 40 CFR part 9, and displayed either by publication in the
Federal Register or by other appropriate means, such as on the related
collection instrument or form, if applicable. The display of OMB
control numbers in certain EPA regulations is consolidated in 40 CFR
part 9.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the Provisions specified at 40 CFR part 63, subpart LL.
    Owners or operators of the affected facilities must submit a one-
time-only report of any physical or operational changes, initial
performance tests, and periodic reports and results. Owners or
operators are also required to maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility, or any period during which the monitoring system
is inoperative. Reports, at a minimum, are required semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 2,010
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Owners or operators of primary
aluminum reduction plants.
    Estimated Number of Respondents: 16.
    Frequency of Response: Initially, semiannually and annually.
    Estimated Total Annual Hour Burden: 80,398.
    Estimated Total Annual Cost: $7,599,556, which includes $7,508,208
in labor costs and $91,348 in operation and maintenance (O&M) costs.
There are no annualized capital/startup costs for this ICR.
    Changes in the Estimates: There is no change in the calculation
methodology for labor hours and Agency costs in this ICR compared to
the previous ICR. This is due to two considerations. First, the
regulations have not changed over the past three years and are not
anticipated to change over the next three years. Secondly, the growth
rate for the respondents is very low, negative, or non-existent. It
should be noted that there is an apparent increase of 352 hours in
respondent labor hours. This is due to a mathematical error in the
previous ICR.
    The increase in cost to Respondents and the Agency is due to
updating of the labor rates to reflect the most recent available
estimates. There are no changes to the capital/startup or operation and
maintenance costs.

    Dated: March 11, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-6309 Filed 3-17-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Notices]
[Pages 57636-57639]
[FR Doc No: 2016-20059]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32221; 812-14567]

FS Global Credit Opportunities Fund, et al.; Notice of
Application

August 17, 2016.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections 18(c)
and 18(i) of the Act and for an order pursuant to section 17(d) of the
Act and rule 17d-1 under the Act.

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SUMMARY OF APPLICATION: Applicants request an order to permit certain
registered closed-end management investment companies to issue multiple

classes of shares (``Shares'') with sales loads and/or asset-based
distribution and/or service fees and contingent deferred sales loads
(``CDSCs'').

APPLICANTS: FS Global Credit Opportunities Fund (the ``Master Fund''),
FS Global Credit Opportunities Fund-ADV (``FSGCO-ADV'') and FS Global
Advisor, LLC (the ``Adviser'').

FILING DATES: The application was filed on October 16, 2015, and
amended on February 18, 2016, June 3, 2016 and August 4, 2016.

HEARING OR NOTIFICATION OF HEARING: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on September 9, 2016, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090; Applicants, 201 Rouse Boulevard,
Philadelphia, PA 19112.

FOR FURTHER INFORMATION CONTACT: Barbara T. Heussler, Senior Counsel,
at<PHONE_NUMBER> or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. FSGCO-ADV and the Master Fund are non-diversified closed-end
management investment companies registered under the Act and organized
as Delaware statutory trusts.\1\ FSGCO-ADV invests substantially all of
its assets in shares of the Master Fund. The Master Fund's primary
investment objective is to generate an attractive total return
consisting of a high level of current income and capital appreciation,
with a secondary objective of capital preservation. The Master Fund
primarily invests in a portfolio of secured and unsecured floating and
fixed rate loans, bonds and other types of credit instruments.
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    \1\ The Master Fund currently serves as the master fund in a
master-feeder structure operating in accordance with section
12(d)(1)(E) of the Act. The Master Fund will not issue multiple
classes of its shares and is an applicant because of the master-
feeder structure.
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    2. The Adviser, a Delaware limited liability company, is registered
with the Commission as an investment adviser under the Investment
Advisers Act of 1940 and serves as investment adviser to the Master
Fund.
    3. FSGCO-ADV's Shares \2\ are currently offered in a continuous
public offering pursuant to a registration statement under the
Securities Act of 1933 and the Act. FSGCO-ADV's Shares are not offered
or traded in a secondary market and are not listed on any securities
exchange or quoted on any quotation medium. Applicants do not expect
that a secondary market will develop for the Shares.
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    \2\ The term ``Shares'' includes any other equivalent
designation of a proportionate ownership interest (such as interests
or units) in the Funds (as defined below). The holders of Shares are
referred to as ``Shareholders''.
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    4. FSGCO-ADV currently has outstanding a single class of Shares.
FSGCO-ADV accepts subscriptions for Shares on a continuous basis and
issues Shares at weekly closings at its then-current net asset value
per Share without a sales load, but Shares are subject to an annual
distribution fee of 0.67% of net asset value and a CDSC of up to 2.0%
of the aggregate net asset value of a Shareholder's Shares repurchased
by the Fund if Shares are tendered for repurchase within three years.
The Fund proposes to offer multiple classes of Shares that would be
offered at net asset value and may also charge front-end sales loads,
CDSCs, and/or annual asset-based service and/or distribution fees. Each
class of Shares of any Fund would comply with the provisions of rule
12b-1 under the Act or any successor thereto or replacement rule, as if
that rule applied to closed-end management investment companies, and
with the provisions of rule 2830(d) of the Conduct Rules of the
National Association of Securities Dealers Inc., or any successor
thereto or replacement rule (``NASD Conduct Rule 2830''),\3\ as if that
rule applied to the Funds.
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    \3\ All references to NASD Conduct Rule 2830 include any
successor or replacement rule that may be adopted by the Financial
Industry Regulatory Authority (``FINRA'').
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    5. Applicants request that the order also apply to any other
continuously offered registered closed-end management investment
company, existing now or in the future, for which the Adviser or any
entity controlling, controlled by, or under common control with the
Adviser acts as investment adviser, and which either (a) provides
periodic liquidity with respect to its Shares pursuant to rule 13e-4
under the Securities Exchange Act of 1934 (``1934 Act'') or (b)
operates as an ``interval fund'' pursuant to rule 23c-3 under the Act
(each, a ``Future Fund'' and, together with FSGCO-ADV, the
``Funds'').\4\
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    \4\ Any Fund relying on this relief will do so in a manner
consistent with the terms and conditions of the application.
Applicants represent that each entity presently intending to rely on
the order requested in the application is listed as an applicant.
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    6. In order to provide Shareholders with a limited degree of
liquidity, FSGCO-ADV may from time to time offer to repurchase Shares
at their then current net asset value in accordance with the
requirements of rule 13e-4 under the 1934 Act and section 23(c)(2) of
the Act.\5\ FSGCO-ADV may repurchase Shares on such terms as may be
determined by its Board \6\ in its complete and absolute discretion
unless, in the judgment of the majority of the directors or trustees
who are not ``interested persons'' of such Fund within the meaning of
section 2(a)(19) of the Act, such repurchases would not be in the best
interests of its Shareholders or would violate applicable law.\7\
FSGCO-ADV will offer to repurchase Shares at a price equal to the net
asset

value per Share in effect on each date of repurchase. The applicants
anticipate that any Future Funds will offer to repurchase Shares on a
quarterly basis.
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    \5\ To date, the Master Fund has not conducted repurchase offers
for its shares. To the extent the Master Fund is required in the
future to conduct repurchase offers for its shares in order to allow
FSGCO-ADV to satisfy repurchase requests under its Share repurchase
program, it will do so in accordance with the requirements of rule
13e-4 under the 1934 Act and section 23(c)(2) of the Act.
    \6\ The boards of trustees or similar governing body of each
Fund is referred to herein as a ``Board''.
    \7\ The Funds may subject Shares to an ``early withdrawal
charge'' (a ``Repurchase Fee'') at a rate of up to 2.00% of the
aggregate net asset value of a Shareholder's Shares repurchased by
the Fund if the interval between the date of the Shareholder's
purchase of Shares and the date on which the applicable Fund
repurchases such Shares is less than one year. Any Repurchase Fee
will apply equally to all Shareholders of the applicable Fund,
regardless of the class of Shares held by such Shareholders,
consistent with section 18 of the Act and rule 18f-3 thereunder. To
the extent a Fund determines to waive, impose scheduled variations
of or eliminate the Repurchase Fee, the Fund will comply with the
requirements of rule 22d-1 under the Act as if the Repurchase Fee
were a CDSC and as if the Fund were an open-end investment company.
The Fund's waiver, scheduled variation or elimination of the
Repurchase Fee will apply uniformly to all Shareholders of the Fund,
regardless of the class of Shares held by such Shareholders.
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    7. Applicants represent that any asset-based service and/or
distribution fees will comply with the provisions of NASD Conduct Rule
2830. Applicants also represent that each Fund will disclose in its
prospectus the fees, expenses and other characteristics of each class
of Shares offered for sale by the prospectus as is required for open-
end multiple class funds under Form N-1A. As if they were open-end
investment companies, the Funds will disclose fund expenses borne by
holders of each class of Shares during the reporting period in
Shareholder reports and describe in their prospectuses any arrangements
that result in breakpoints in, or elimination of, sales loads.\8\ Each
Fund will also comply with any requirements that may be adopted by the
Commission or FINRA regarding disclosure at the point of sale and in
transaction confirmations about the costs and conflicts of interest
arising out of the distribution of open-end investment company shares,
and regarding prospectus disclosure of sales loads and revenue sharing
arrangements as if those requirements applied to the Funds.\9\
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    \8\ See Shareholder Reports and Quarterly Portfolio Disclosure
of Registered Management Investment Companies, Investment Company
Act Release No. 26372 (Feb. 27, 2004) (adopting release) (requiring
open-end investment companies to disclose fund expenses in
shareholder reports); and Disclosure of Breakpoint Discounts by
Mutual Funds, Investment Company Act Release No. 26464 (June 7,
2004) (adopting release) (requiring open-end investment companies to
provide prospectus disclosure of certain sales load information).
    \9\ See Confirmation Requirements and Point of Sale Disclosure
Requirements for Transactions in Certain Mutual Funds and Other
Securities, and Other Confirmation Requirement Amendments, and
Amendments to the Registration Form for Mutual Funds, Investment
Company Act Release No. 26341 (Jan. 29, 2004) (proposing release).
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    8. All expenses incurred by a Fund will be allocated among its
various classes of Shares based on the respective net assets of such
Fund attributable to each class of Shares, except that the net asset
value and expenses of each class of Shares will reflect the expenses
associated asset-based service and/or distribution fees, Shareholder
service fees, and any other incremental expenses of that class of
Shares. Expenses of a Fund allocated to a particular class of Shares
will be borne on a pro rata basis by each outstanding Share of that
class. Applicants state that each Fund will comply with the provisions
of rule 18f-3 under the Act as if it were an open-end investment
company.
    9. If the Funds offer an exchange privilege or conversion feature
on certain future classes of Shares, any such privilege or feature
introduced in the future will comply with rule 11a-1, rule 11a-3 and
rule 18f-3 under the Act as if the Fund were an open-end investment
company.
    10. If the requested relief is granted, FSGCO-ADV, and any other
Fund that imposes a CDSC, will comply with rule 6c-10 as if that rule
applied to closed-end management investment companies. Applicants
further state that any Fund that imposes a CDSC will apply the CDSC
(and any waivers or scheduled variations of the CDSC) uniformly to all
Shareholders in a given class and consistently with the requirements of
rule 22d-1 under the Act.

Applicants' Legal Analysis

Multiple Classes of Shares

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

CDSCs

    5. Rule 6c-10 under the Act permits open-end investment companies
to impose CDSCs, subject to certain conditions. FSGCO-ADV currently
imposes a CDSC. If the requested relief is granted, FSGCO-ADV, and any
other Fund that imposes a CDSC, will comply with rule 6c-10 as if that
rule applied to closed-end management investment companies and will
make all required disclosures in accordance with the requirements of
Form N-1A concerning CDSCs. Applicants further state that any Fund that
imposes a CDSC will apply the CDSC (and any waivers or scheduled
variations of the CDSC) uniformly to all Shareholders in a given class
and consistently with the requirements of rule 22d-1 under the Act.

Asset-Based Service and/or Distribution Fees

    6. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
an affiliated person of a registered investment company or an
affiliated person of such person, acting as principal, from
participating in or effecting any transaction in connection with any
joint enterprise or joint arrangement in which the investment company
participates unless the Commission issues an order permitting the
transaction. In reviewing applications submitted under section 17(d)
and rule 17d-1, the Commission considers whether the participation of
the investment company in a joint enterprise or joint arrangement is
consistent with the provisions, policies and purposes of the Act, and
the extent to which the participation is on a basis different from or
less advantageous than that of other participants.
    7. Rule 17d-3 under the Act provides an exemption from section
17(d) and rule 17d-1 to permit open-end investment companies to enter
into

distribution arrangements pursuant to rule 12b-1 under the Act.
Applicants request an order under section 17(d) and rule 17d-1 under
the Act to permit the Funds to impose asset-based service and/or
distribution fees. Applicants have agreed to comply with rules 12b-1
and 17d-3 as if those rules applied to closed-end investment companies.
    8. For the reasons stated above, applicants submit that the
exemptions requested under section 6(c) are necessary and appropriate
in the public interest and are consistent with the protection of
investors and the purposes fairly intended by the policy and provisions
of the Act. Applicants also believe that the requested relief meets the
standards for relief in section 17(d) of the Act and rule 17d-1
thereunder.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Each applicant will comply with the provisions of rules 6c-10, 12b-
1, 17d-3, 18f-3, 22d-1 and, where applicable, 11a-3 under the Act, as
amended from time to time, or any successor rules thereto, as if those
rules applied to closed-end management investment companies, and will
comply with NASD Conduct Rule 2830, as amended from time to time, as if
that rule applied to all closed-end management investment companies.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Brent J. Fields,
Secretary.
[FR Doc. 2016-20059 Filed 8-22-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17893-17894]
[FR Doc No: 2018-08510]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0254]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt six individuals from
the requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) that interstate commercial motor vehicle (CMV) drivers have
``no established medical history or clinical diagnosis of epilepsy or
any other condition which is likely to cause loss of consciousness or
any loss of ability to control a CMV.'' The exemptions enable these
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on March 22, 2018. The exemptions
expire on March 22, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue, SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: 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 http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

II. Background

    On February 14, 2018, FMCSA published a notice announcing receipt
of applications from six individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (83 FR 6717). The public comment
period ended on March 16, 2018, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would achieve
a level of safety equivalent to or greater than the level that would be
achieved by complying with the current regulation 49 CFR 391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
---------------------------------------------------------------------------

    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.

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

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the epilepsy and seizure disorder prohibition in 49 CFR
391.41(b)(8) if the exemption is likely to achieve an equivalent or
greater level of safety than would be achieved without the exemption.
The exemption allows the applicants to operate CMVs in interstate
commerce.
    In reaching the decision to grant these exemption requests, FMCSA
considered the 2007 recommendations of the Agency's Medical Expert
Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069)
provides the current MEP recommendations which is the criteria the
Agency uses to grant seizure exemptions.
    The Agency's decision regarding these exemption applications is
based on an individualized assessment of each applicant's medical
information, including the root cause of the respective seizure(s) and
medical information about the applicant's seizure history, the length
of time that has elapsed since the individual's last seizure, the
stability of each individual's treatment regimen and the duration of
time on or off of anti-seizure medication. In addition, the Agency
reviewed the treating clinician's medical opinion related to the
ability of the driver to safely operate a CMV with a history of seizure
and each applicant's driving record found in the Commercial Driver's
License Information System (CDLIS) for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor Carrier Management Information System (MCMIS). For non-CDL
holders, the Agency reviewed the driving records from the State
Driver's Licensing Agency (SDLA). A summary of each applicant's seizure
history was discussed in the February 14, 2018 Federal Register notice
(83 FR 6718) and will not be repeated in this notice.
    These six applicants have been seizure-free over a range of 31
years while taking anti-seizure medication and maintained a stable
medication treatment regimen for the last two years. In each case, the
applicant's treating physician verified his or her seizure history and
supports the ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in 49 CFR
391.41(b)(8) is likely to achieve a level of safety equal to that
existing without the exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must remain seizure-free and maintain a stable treatment
during the two-year exemption period; (2) each driver must submit
annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each
driver must provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file, or keep a
copy of his/her driver's qualification file if he/she is self-employed.
The driver must also have a copy of the exemption when driving, for
presentation to a duly authorized Federal, State, or local enforcement
official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the six exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition, 49 CFR 391.41(b)(8), subject to the requirements cited
above:

Eriki M. Galloway (TN)
Aaron J. Harms (MO)
Matthew M. Heinen (MN)
Grant M. Johnson (OR)
Derick R. Pendergrass (NC)
Paul D. Vitous (WA)

    In accordance with 49 U.S.C. 31315(b)(1), each exemption will be
valid for two years from the effective date unless revoked earlier by
FMCSA. The exemption will be revoked if the following occurs: (1) The
person fails to comply with the terms and conditions of the exemption;
(2) the exemption has resulted in a lower level of safety than was
maintained prior to being granted; or (3) continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136 and 31315.

    Issued on: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08510 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: April 12, 2007 (Volume 72, Number 70)]
[Rules and Regulations]
[Page 18394-18400]
[DOCID:fr12ap07-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-AR-0001; FRL-8297-6]

Approval and Promulgation of Air Quality Implementation Plans;
Arkansas; Prevention of Significant Deterioration and New Source
Review; Economic Development Zone for Crittenden County, AR; and Stage
I Vapor Recovery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving revisions to the Arkansas State
Implementation Plan (SIP) that include changes made to Arkansas
regulations entitled, ``Regulations of the Arkansas Plan of
Implementation for Air Pollution Control'' and ``Nonattainment New
Source Review Requirements.'' The revisions amend the State's
permitting rules in order to address revisions to the Federal New
Source Review (NSR) regulations, which were promulgated by EPA on
December 31, 2002 and reconsidered with minor changes on November 7,
2003 (collectively, these two final actions are called the ``2002 NSR
Reform Rules''). Prevention of Significant Deterioration (PSD) and
Nonattainment NSR (NNSR) programs, together with the minor
preconstruction permit program required by the Federal Clean Air Act
(``Act''), are commonly referred to as the ``NSR programs.'' Arkansas
revised its preconstruction permitting rules that affect major sources
and major modifications to include provisions for baseline emissions
calculations, an actual-to-projected-actual methodology for calculating
emissions changes, options for plantwide applicability limits (PALs),
and recordkeeping and reporting requirements. The revisions also
include non-substantive revisions to previously SIP-approved
regulations and new regulations for implementing the permitting
provisions for the 8-Hour Ozone National Ambient Air Quality Standard-
Phase 2, Economic Development Zone in Crittenden County, and Stage I
Vapor Recovery. Finally, EPA is taking no action on provisions that
relate to designated facilities. We are approving the revisions because
we find the changes consistent with EPA's implementing regulations,
guidance, and policy and with section 110(l) of the Act.

DATES: This final rule is effective on May 14, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2005-AR-0001. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index, some

information is not publicly available, e.g., confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at the Air

Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 Freedom
of Information Act Review Room between the hours of 8:30 am and 4:30 pm
weekdays except for legal holidays. Contact the person listed in the
FOR FURTHER INFORMATION CONTACT paragraph below to make an appointment.
If possible, please make the appointment at least two working days in
advance of your visit. There will be a 15 cent per page fee for making
photocopies of documents. On the day of the visit, please check in at
the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas,
Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    Arkansas Department of Environmental Quality, Air Division, 8001
National Drive, P.O. Box 8913, Little Rock, Arkansas 72219-8913.

FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell, Air Permits
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>;
fax number<PHONE_NUMBER>; or e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document any reference to
``we,'' ``us,'' or ``our'' shall mean the EPA.

Outline

I. What Action Is EPA Taking Today?
II. What Is the Background for This Action?
III. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is taking final action to approve revisions to the Arkansas SIP
that were submitted on February 3, 2005, and July 3, 2006, by the
Governor of Arkansas. The 2005 submittal consists of revisions to
``Regulation No. 19--Regulations of the Arkansas Plan of Implementation
for Air Pollution Control.'' The 2006 submittal consists of further
revisions to ``Regulation No. 19--Regulations of the Arkansas Plan of
Implementation for Air Pollution Control'' and a new ``Regulation No.
31--Nonattainment New Source Review Requirements.'' The revisions were
made to update the Arkansas NSR programs to make them consistent with
changes to the Federal NSR regulations published on December 31, 2002
(67 FR 80186) and November 7, 2003 (68 FR 63021). These two EPA
rulemakings are commonly referred to as the ``2002 NSR Reform Rules.''
    These SIP revisions also add provisions for implementing the air
permitting requirements for the 8-hour ozone national ambient air
quality standard-phase 2 (promulgated November 29, 2005 (70 FR 71611)),
Economic Development Zone rules that implement section 173(a)(1)(B) of
the Act, and provisions for Stage I Vapor Recovery. In addition,
Arkansas revised Regulation No. 19 to make the following non-
substantive changes (which do not change the regulatory requirements):
redesignated the subdivisions from ``Section'' to ``Reg.''; changed
references to ``Arkansas Department of Pollution Control and Ecology''
to ``Arkansas Department of Environmental Quality''; corrected
typographical errors and grammar; and improved readability and clarity.
EPA is taking no action on Chapter 8 of Regulation No. 19 ``111(d)
Designated Facilities.''
    On December 1, 2006 (71 FR 69519), EPA published a proposed
rulemaking in which we proposed to approve these SIP revisions. The
December 1, 2006, proposal provides detailed information about the
Arkansas SIP revisions that are being approved today. The proposal also
provides a detailed analysis of EPA's rationale for approving the

Arkansas SIP revisions. In the proposal, we provided opportunity for
public comment on the proposed action. The public comment period for
this proposed rulemaking ended January 2, 2007. We received no
comments, adverse or otherwise, on the proposed rulemaking. We are
therefore finalizing our proposed approval without changes. For more
details on these submittals, please refer to the proposed rulemaking
described above and the Technical Support Document (TSD), which is in
the docket for this action.
    In summary, EPA is approving revisions to the Arkansas SIP
(revisions to Regulation No. 19 and new Regulation No. 31) submitted by
the State of Arkansas on February 3, 2005 and July 3, 2006. We are
taking no action on Chapter 8 of Regulation No. 19.

II. What Is the Background for This Action?

    On December 31, 2002, EPA published final rule changes to 40 Code
of Federal Regulations (CFR) parts 51 and 52, regarding the Act's PSD
and NNSR programs. See 67 FR 80186. On November 7, 2003, EPA published
a final action on the reconsideration of the December 31, 2002 final
rule changes. See 68 FR 63021. In the November 7th final action, EPA
added the definition of ``replacement unit,'' and clarified an issue
regarding PALs. The December 31, 2002, and the November 7, 2003, final
actions are collectively referred to as the ``2002 NSR Reform Rules.''
The purpose of today's action is to approve the SIP submittals from the
State of Arkansas, which adopts EPA's 2002 NSR Reform Rules. For
additional information on the 2002 NSR Reform Rules, see 67 FR 80186
(December 31, 2002), and http://www.epa.gov/nsr.

    After the 2002 NSR Reform Rules were finalized and effective (March
3, 2003), various petitioners challenged numerous aspects of the 2002
NSR Reform Rules, along with portions of EPA's 1980 NSR Rules (45 FR
5276, August 7, 1980). On June 24, 2005, the D.C. Circuit Court of
Appeals issued a decision on the challenges to the 2002 NSR Reform
Rules. See New York v. United States, 413 F.3d 3 (D.C. Cir. June 24,
2005), rehearing en banc denied (Dec 09, 2005). In summary, the Court
vacated portions of the rules pertaining to Clean Units and Pollution
Control Projects, remanded a portion of the rules regarding
recordkeeping, e.g., 40 CFR 51.165(a)(6) and 40 CFR 51.166(r)(6), and
either upheld or did not comment on the other provisions included as
part of the 2002 NSR Reform Rules. The EPA has not yet responded to the
Court's remand regarding the recordkeeping provisions. Today's action
is consistent with the decision of the D.C. Circuit Court of Appeals
because Arkansas' submittal does not include any portions of the 2002
NSR Reform Rules that were vacated as part of the June 2005 decision.
    The 2002 NSR Reform Rules require that state agencies adopt and
submit revisions to their SIP permitting programs implementing the
minimum program elements of the 2002 NSR Reform Rules no later than
January 2, 2006. See 40 CFR 51.166(a)(6)(i) (requiring state agencies
to adopt and submit PSD SIP revisions within three years after new
amendments are published in the Federal Register). State agencies may
meet the requirements of 40 CFR part 51 and the 2002 NSR Reform Rules,
with regulations that are different than, but equivalent to, Federal
regulations. If, however, a state decides not to implement any of the
new applicability provisions, that state must demonstrate that its
existing program is at least as stringent as the Federal program. In
adopting changes to Federal law, a state may write the Federal
requirements into the state SIP or the state may incorporate the
Federal rule into the SIP by referencing the citation of the Federal
rule. As discussed in further detail in the proposed approval notice
and in the TSD in the docket for this action, EPA determined the
revisions contained in the Arkansas submittal are approvable for
inclusion into the Arkansas SIP. The TSD includes a detailed evaluation
of the Arkansas NSR SIP revisions, permitting provisions for
implementing the 8-Hour Ozone NAAQs and the Crittenden County Economic
Development Zone, Stage I Vapor Recovery rules, and non-substantive
revisions to previously SIP-approved regulations. The TSD discusses how
these regulations meet the applicable Federal requirements. We are
approving the revisions because we find the changes consistent with
EPA's implementing regulations, guidance, and policy and with section
110(l) of the Act.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on: one or more Indian tribes, the
relationship between the Federal Government and Indian tribes, or the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. The EPA interprets Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), as applying only to those regulatory actions
that concern health or safety risks such that the analysis required
under section 5-501 of the Executive Order has the potential to
influence the regulation. This rule is not subject to Executive Order
13045 because it would approve a state program. Executive Order 12898
(59 FR 7629 (February 16, 1994)) establishes federal executive policy
on environmental justice. Because this rule merely approves a state
rule implementing a Federal standard, EPA lacks the discretionary
authority to modify today's regulatory decision on the basis of
environmental justice considerations.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the

absence of a prior existing requirement for the State to use voluntary
consensus standards (VCS), EPA has no authority to disapprove a SIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews a SIP submission, to use VCS in
place of a SIP submission that otherwise satisfies the provisions of
the Clean Air Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 11, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 2, 2007.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart E--Arkansas

0
2. The table in Sec.  52.170(c) entitled ``EPA-Approved Regulations in
the Arkansas SIP'' is amended as follows:
0
a. By revising Regulation 19: Regulations of the Arkansas Plan of
Implementation for Air Pollution Control.
0
b. By adding new entries for ``Regulation No. 31: Nonattainment New
Source Review Requirements'' immediately following the entry for
Section 26.604. The amendments read as follows:

Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                    State
     State citation          Title/subject       submittal/        EPA approval date           Explanation
                                               effective date
----------------------------------------------------------------------------------------------------------------
         Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
                                      Chapter 1: Title, Intent and Purpose
----------------------------------------------------------------------------------------------------------------
Reg. 19.101.............  Title..............        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.102.............  Applicability......        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.103.............  Intent and                 02/03/05  04/12/07 [Insert FR page
                           Construction.                        number where document
                                                                begins].
Reg. 19.104.............  Severability.......        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                                             Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2...............  Definitions........        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                       Chapter 3: Protection of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Reg. 19.301.............  Purpose............        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.302.............  Department                 02/03/05  04/12/07 [Insert FR page
                           Responsibilities.                    number where document
                                                                begins].
Reg. 19.303.............  Regulated Sources          02/03/05  04/12/07 [Insert FR page
                           Responsibilities.                    number where document
                                                                begins].
Reg. 19.304.............  Delegated Federal          07/03/06  04/12/07 [Insert FR page
                           Programs.                            number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                                         Chapter 4: Minor Source Review
----------------------------------------------------------------------------------------------------------------
Reg. 19.401.............  General                    02/03/05  04/12/07 [Insert FR page
                           Applicability.                       number where document
                                                                begins].
Reg. 19.402.............  Approval Criteria..        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].

Reg. 19.403.............  Owner/Operator's           02/03/05  04/12/07 [Insert FR page
                           Responsibilities.                    number where document
                                                                begins].
Reg. 19.404.............  Required                   02/03/05  04/12/07 [Insert FR page
                           Information.                         number where document
                                                                begins].
Reg. 19.405.............  Action on                  02/03/05  04/12/07 [Insert FR page
                           Application.                         number where document
                                                                begins].
Reg. 19.406.............  Public                     02/03/05  04/12/07 [Insert FR page
                           Participation.                       number where document
                                                                begins].
Reg. 19.407.............  Permit Amendments..        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.408.............  Exemption from             02/03/05  04/12/07 [Insert FR page
                           Permitting.                          number where document
                                                                begins].
Reg. 19.409.............  Transition.........        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.410.............  Permit Revocation          02/03/05  04/12/07 [Insert FR page
                           and Cancellation.                    number where document
                                                                begins].
Reg. 19.411.............  General Permits....        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.412.............  Dispersion Modeling        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.413.............  Confidentiality....        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                       Chapter 5: General Emission Limitations Applicability to Equipment
----------------------------------------------------------------------------------------------------------------
Reg. 19.501.............  Purpose............        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.502.............  General Regulations        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.503.............  Visible Emission           02/03/05  04/12/07 [Insert FR page
                           Regulations.                         number where document
                                                                begins].
Reg. 19.504.............  Stack Height/              02/03/05  04/12/07 [Insert FR page
                           Dispersion                           number where document
                           Regulations.                         begins].
Reg. 19.505.............  Revised Emission           02/03/05  04/12/07 [Insert FR page
                           Limitation.                          number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                                    Chapter 6: Upset and Emergency Conditions
----------------------------------------------------------------------------------------------------------------
Reg. 19.601.............  Upset Conditions...        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.602.............  Emergency                  02/03/05  04/12/07 [Insert FR page
                           Conditions.                          number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                           Chapter 7: Sampling, Monitoring, and Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Reg. 19.701.............  Purpose............        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.702.............  Air Emission               02/03/05  04/12/07 [Insert FR page
                           Sampling.                            number where document
                                                                begins].
Reg. 19.703.............  Continuous Emission        02/03/05  04/12/07 [Insert FR page
                           Monitoring.                          number where document
                                                                begins].
Reg. 19.704.............  Notice of                  02/03/05  04/12/07 [Insert FR page
                           Completion.                          number where document
                                                                begins].
Reg. 19.705.............  Recordkeeping and          02/03/05  04/12/07 [Insert FR page
                           Reporting                            number where document
                           Requirements.                        begins].
Reg. 19.706.............  Public Availability        02/03/05  04/12/07 [Insert FR page
                           of Emissions Data.                   number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                               Chapter 9: Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Reg. 19.901.............  Title..............        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.902.............  Purposes...........        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.903.............  Definitions........        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.904.............  Adoption of                02/03/05  04/12/07 [Insert FR page
                           Regulations.                         number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------

             Chapter 10: Regulations for the Control of Volatile Organic Compounds in Pulaski County
----------------------------------------------------------------------------------------------------------------
Reg. 19.1001............  Title..............        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.1002............  Purpose............        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.1003............  Definitions........        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.1004............  General Provisions.        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.1005............  Provisions for             02/03/05  04/12/07 [Insert FR page
                           Specific Processes.                  number where document
                                                                begins].
Reg. 19.1006............  Severability.......        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                                 Chapter 11: Major Source Permitting Procedures
----------------------------------------------------------------------------------------------------------------
Chapter 11..............  Major Source               02/03/05  04/12/07 [Insert FR page
                           Permitting                           number where document
                           Procedures.                          begins].
----------------------------------------------------------------------------------------------------------------
                                       Chapter 13: Stage I Vapor Recovery
----------------------------------------------------------------------------------------------------------------
Reg. 19.1301............  Purpose............        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.1302............  Applicability......        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.1303............  Definitions........        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.1304............  Exemptions.........        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.1305............  Prohibited                 02/03/05  04/12/07 [Insert FR page
                           Activities.                          number where document
                                                                begins].
Reg. 19.1306............  Record Keeping.....        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.1307............  Inspections........        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.1308............  Vapor Recovery             02/03/05  04/12/07 [Insert FR page
                           Systems.                             number where document
                                                                begins].
Reg. 19.1309............  Gasoline Delivery          02/03/05  04/12/07 [Insert FR page
                           Vessels.                             number where document
                                                                begins].
Reg. 19.1310............  Owner/Operator             02/03/05  04/12/07 [Insert FR page
                           Responsibility.                      number where document
                                                                begins].
Reg. 19.1311............  Test Methods.......        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 19.1312............  Effective Date.....        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                                           Chapter 14: Effective Date
----------------------------------------------------------------------------------------------------------------
Reg. 19.1401............  Effective Date.....        02/03/05  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                                    Appendix A: Insignificant Activities List
----------------------------------------------------------------------------------------------------------------
Appendix A..............  Insignificant              02/03/05  04/12/07 [Insert FR page
                           Activities List.                     number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 26.604..........  Review of draft            08/10/00  10/9/01 (66 FR 51312)...
                           permit by affected
                           States.
----------------------------------------------------------------------------------------------------------------
                         Regulation No. 31: Nonattainment New Source Review Requirements
                                      Chapter 1: Title, Intent, and Purpose
----------------------------------------------------------------------------------------------------------------
Reg. 31.101.............  Title..............        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 31.102.............  Applicability......        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].

Reg. 31.103.............  Severability.......        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                                             Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2...............  Definitions........        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                                        Chapter 3: Preconstruction review
----------------------------------------------------------------------------------------------------------------
Reg. 31.301.............  Requirement for a          07/03/06  04/12/07 [Insert FR page
                           Permit.                              number where document
                                                                begins].
Reg. 31.302.............  Required                   07/03/06  04/12/07 [Insert FR page
                           Information.                         number where document
                                                                begins].
Reg. 31.303.............  Approval Criteria..        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 31.304.............  Offsets............        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 31.305.............  Zones Targeted for         07/03/06  04/12/07 [Insert FR page
                           Economic                             number where document
                           Development.                         begins].
Reg. 31.306.............  Control Technology         07/03/06  04/12/07 [Insert FR page
                           Information.                         number where document
                                                                begins].
Reg. 31.307.............  Approval to                07/03/06  04/12/07 [Insert FR page
                           Construct.                           number where document
                                                                begins].
Reg. 31.308.............  Applicability of           07/03/06  04/12/07 [Insert FR page
                           Nonattainment                        number where document
                           Review.                              begins].
Reg. 31.309.............  Applicability of           07/03/06  04/12/07 [Insert FR page
                           Other Regulations.                   number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                                         Chapter 4: Applicability Tests
----------------------------------------------------------------------------------------------------------------
Reg. 31.401.............  Actual-to-Projected-       07/03/06  04/12/07 [Insert FR page
                           Actual                               number where document
                           Applicability Test.                  begins].
Reg. 31.402.............  Actual-to-Potential        07/03/06  04/12/07 [Insert FR page
                           Test.                                number where document
                                                                begins].
Reg. 31.403.............  [Reserved].........        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 31.404.............  [Reserved].........        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 31.405.............  Emission Baseline          07/03/06  04/12/07 [Insert FR page
                           Credits.                             number where document
                                                                begins].
Reg. 31.406.............  Relaxation of              07/03/06  04/12/07 [Insert FR page
                           Limits.                              number where document
                                                                begins].
Reg. 31.407.............  Modifications to           07/03/06  04/12/07 [Insert FR page
                           Existing Units.                      number where document
                                                                begins].
Reg. 31.408.............  Public Availability        07/03/06  04/12/07 [Insert FR page
                           of Information.                      number where document
                                                                begins].
Reg. 31.409.............  Applicability of           07/03/06  04/12/07 [Insert FR page
                           Nitrogen Oxides.                     number where document
                                                                begins].
Reg. 31.410.............  Offset Requirements        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 31.411.............  PM10 Precursors....        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                                              Chapter 5: [Reserved]
                                              Chapter 6: [Reserved]
                                              Chapter 7: [Reserved]
----------------------------------------------------------------------------------------------------------------
                                             Chapter 8: Actual PALS
----------------------------------------------------------------------------------------------------------------
Reg. 31.801.............  Applicability......        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 31.802.............  Definitions........        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 31.803.............  Permit Application         07/03/06  04/12/07 [Insert FR page
                           Requirements.                        number where document
                                                                begins].
Reg. 31.804.............  General                    07/03/06  04/12/07 [Insert FR page
                           Requirements for                     number where document
                           Establishing PALs.                   begins].
Reg. 31.805.............  Public                     07/03/06  04/12/07 [Insert FR page
                           Participation                        number where document
                           Requirement for                      begins].
                           PALs.

Reg. 31.806.............  Setting the 10-year        07/03/06  04/12/07 [Insert FR page
                           Actuals PAL Level.                   number where document
                                                                begins].
Reg. 31.807.............  Contents of the PAL        07/03/06  04/12/07 [Insert FR page
                           Permit.                              number where document
                                                                begins].
Reg. 31.808.............  Reopening of the           07/03/06  04/12/07 [Insert FR page
                           PAL Permit.                          number where document
                                                                begins].
Reg. 31.809.............  PAL Effective              07/03/06  04/12/07 [Insert FR page
                           Period.                              number where document
                                                                begins].
Reg. 31.810.............  Expiration of a PAL        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 31.811.............  Renewal of a PAL...        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
Reg. 31.812.............  Increasing a PAL           07/03/06  04/12/07 [Insert FR page
                           During the PAL                       number where document
                           Effective Period.                    begins].
Reg. 31.813.............  Monitoring                 07/03/06  04/12/07 [Insert FR page
                           Requirements for                     number where document
                           PALs.                                begins].
Reg. 31.814.............  Recordkeeping              07/03/06  04/12/07 [Insert FR page
                           Requirements.                        number where document
                                                                begins].
Reg. 31.815.............  Reporting and              07/03/06  04/12/07 [Insert FR page
                           Notification                         number where document
                           Requirements.                        begins].
Reg. 31.816.............  Transition                 07/03/06  04/12/07 [Insert FR page
                           Requirements.                        number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------
                                            Chapter 9: Effective Date
----------------------------------------------------------------------------------------------------------------
Reg. 31.901.............  Effective Date.....        07/03/06  04/12/07 [Insert FR page
                                                                number where document
                                                                begins].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E7-6838 Filed 4-11-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Page 76152]
[FR Doc No: 2011-31172]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13623-001]

City of Raleigh; Notice of Intent To File License Application,
Filing of Pre-Application Document, and Approving Use of the
Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 13623-001.
    c. Date Filed: October 3, 2011.
    d. Submitted by: City of Raleigh (Raleigh).
    e. Name of Project: Falls Lake Dam Hydroelectric Project.
    f. Location: At the U.S. Army Corps of Engineers' Falls Lake Dam,
located on the Neuse River, in the northern portion of Wake County,
North Carolina, just outside the City of Raleigh municipal boundary.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's Regulations.
    h. Potential Applicant Contact: Kenneth Waldroup, Assistant Public
Utilities Director, City of Raleigh, P.O. Box 590, Raleigh, NC 27601;
(919) 996-3489<EMAIL_ADDRESS>    i. FERC Contact: Jennifer Adams<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>    j. The City of Raleigh filed its request to use the Traditional
Licensing Process on October 3, 2011. Raleigh filed public notice of
its request on November 23, 2011. In a letter dated November 29, 2011,
the Director of the Division of Hydropower Licensing approved Raleigh's
request to use the Traditional Licensing Process.
    k. With This notice, We Are Initiating Informal Consultation With:
(a) The U.S. Fish and Wildlife Service and National Marine Fisheries
Service (NMFS) under section 7 of the Endangered Species Act and the
joint agency regulations thereunder at 50 CFR part 402; (b) NMFS under
section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act and implementing regulations at 50 CFR 600.920; and (c)
the North Carolina State Historic Preservation Officer, as required by
section 106, National Historical Preservation Act, and the implementing
regulations of the Advisory Council on Historic Preservation at 36 CFR
800.2.
    l. The City of Raleigh filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's Regulations.
    m. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(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) 208-3676, or for
TTY,<PHONE_NUMBER>. A copy is also available for inspection and
reproduction at the City of Raleigh's business office, located at One
Exchange Plaza, Suite 620, or by contacting Raleigh at the mailing
address located in paragraph h.
    n. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: November 29, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-31172 Filed 12-5-11; 8:45 am]
BILLING CODE 6717-01-P