[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Page 73334]
[FR Doc No: 2023-23580]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER24-109-000]

Caden Energix Axton LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Caden Energix Axton LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 8, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: October 19, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-23580 Filed 10-24-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Notices]
[Page 45515-45516]
[DOCID:fr05au08-107]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA-2008-0232]

Commercial Driver's License: Commonwealth of Virginia, Department
of Motor Vehicles; Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA has received an application from the Commonwealth of
Virginia Department of Motor Vehicles (Virginia DMV) for an exemption
from provisions of the Agency's commercial driver's license (CDL)
requirement that each CDL issued by the State contain a color
photograph of the driver. Virginia DMV proposes that it be allowed to
use a black and white, laser-engraved photograph in lieu of a color
photograph. Virginia DMV believes that the issuance of CDLs with laser-
engraved black and white photographs would enhance the security of the
credential and assist law enforcement officials with the identification
of the CDL holder. The FMCSA requests public comment on Virginia DMV's
application for exemption.

DATES: Comments must be submitted on or before September 4, 2008.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number [FMCSA-2008-0232] by any of the following
methods:
     Web Site: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Docket: For docket access to read background documents or comments
received, go to http://www.regulations.gov at any time or to the ground
floor, room W12-140, DOT Building, New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except
Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19476), or you may visit http://
www.regulations.gov.
    Public participation: The http://www.regulations.gov Web site is
generally available 24 hours each day,

365 days each year. You can get electronic submission and retrieval
help and guidelines under the ``help'' section of the http://
www.regulations.gov Web site and also at the DOT's http://
docketsinfo.dot.gov Web site. If you want us to notify you that we
received your comments, please include a self-addressed, stamped
envelope or postcard, or a copy of print the acknowledgement page that
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division, Office of Bus and Truck Standards and
Operations. Telephone:<PHONE_NUMBER>. E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315
and 31136(e) to provide authority to grant exemptions from motor
carrier safety regulations. Under its regulations, FMCSA must publish a
notice of each exemption request in the Federal Register (49 CFR
381.315(a)). The Agency must provide the public an opportunity to
inspect the information relevant to the application, including any
safety analyses. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for denying or, in the alternative, the
specific person or class of persons receiving the exemption, and the
regulatory provision or provisions from which the exemption is granted.
The notice must also specify the effective period of the exemption (up
to 2 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    Virginia DMV requests an exemption from 49 CFR 383.153(a)(4), which
requires each CDL to contain a color photograph of the driver. A copy
of the exemption application is in the docket referenced at the
beginning of this notice. Virginia DMV proposes that it be allowed to
use a black and white, laser-engraved photograph on Virginia-issued
CDLs in lieu of a color photograph. In its application for exemption,
Virginia DMV explains that in January 2008, the Department of Homeland
Security (DHS) issued the final rules on the REAL ID Act of 2005. As
provided in the DHS rules 6 CFR 37.17(e)(2) provides that the
photographs on REAL ID compliant driver's licenses and identification
cards ``may be in black and white or color.''
    Virginia DMV believes that a black and white photograph is more
effective than a color photograph in providing security and
facilitating the proper identification of the license holder. It
explains that a black and white photograph created with a laser cannot
easily be altered. In addition, Virginia DMV explains that a black and
white photograph enhances the identification of an individual since it
places the focus on the actual facial features of the individual rather
than on characteristics that can easily be altered, such as hair or eye
color. Virginia DMV believes that the issuance of CDLs with black and
white photographs would enhance the security of the credential and
assist law enforcement officials with the identification of the CDL
holder. In its application for exemption Virginia DMV provides
information from its contractor, CBN Secure Technologies, Inc., that
offers further explanation regarding the advantages of using black and
white photographs on CDLs.
    Virginia DMV's proposed exemption would apply to all CDLs issued by
the Commonwealth of Virginia. Presently, approximately 216,000
Virginians hold valid CDLs. Virginia DMV anticipates that, if the
requested exemption is granted, it would begin issuing CDLs with black
and white photographs in January 2009.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment on Virginia DMV's application for an exemption
from 49 CFR 383.153(a)(4).
    The Agency will consider all comments received by close of business
on September 4, 2008. Comments will be available for examination in the
docket at the location listed under the ADDRESSES section of this
notice. The Agency will consider to the extent practicable comments
received in the public docket after the closing date of the comment
period.

    Issued on: July 25, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-17860 Filed 8-4-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: November 4, 2010 (Volume 75, Number 213)]
[Notices]
[Page 68018]
[DOCID:fr04no10-90]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. 2010-1052]

Airport Privatization Pilot Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Receipt and Acceptance for Review: Preliminary
Application for Airglades Airport (2IS), Clewiston, Florida.

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SUMMARY: The Federal Aviation Administration (FAA) has completed its
review of Hendry County and Airglades Airport's preliminary application
for participation in the airport privatization pilot program received
under 49 U.S.C. Section 47134. The preliminary application is accepted
for review, with a filing date of October 6, 2010. Hendry County, the
airport sponsor, may select a private operator, negotiate an agreement
and submit a final application to the FAA for exemption under the pilot
program.
    49 U.S.C. Section 47134 establishes an airport privatization pilot
program and authorizes the Department of Transportation to grant
exemptions from certain Federal statutory and regulatory requirements
for up to five airport privatization projects. The application
procedures require the FAA to publish a notice in the Federal Register
after review of a preliminary application. The FAA must publish a
notice of receipt of the final application in the Federal Register for
public review and comment for a sixty-day period. The Airglades Airport
preliminary application is available for public review at http://
www.regulations.gov. The docket number is FAA Docket Number 2010-1052.

FOR FURTHER INFORMATION CONTACT: Dave Cushing<PHONE_NUMBER>) Airport
Compliance Division, ACO-100, Federal Aviation Administration, 800
Independence Ave., SW., Washington, DC 20591.

SUPPLEMENTARY INFORMATION:

Introduction and Background

    Title 49 of the U.S. Code 47134 authorizes the Secretary of
Transportation, and through delegation, the FAA Administrator, to
exempt a sponsor of a public use airport that has received Federal
assistance, from certain Federal requirements in connection with the
privatization of the airport by sale or lease to a private party.
Specifically, the Administrator may exempt the sponsor from all or part
of the requirements to use airport revenues for airport-related
purposes, to pay back a portion of Federal grants upon the sale or
lease of an airport, and to return airport property deeded by the
Federal Government upon transfer of the airport. The Administrator is
also authorized to exempt the private purchaser or lessee from the
requirement to use all airport revenues for airport-related purposes,
to the extent necessary to permit the purchaser or lessee to earn
compensation from the operations of the airport.
    On September 16, 1997, the Federal Aviation Administration issued a
notice of procedures to be used in applications for exemption under
Airport Privatization Pilot Program (62 FR 48693). A request for
participation in the Pilot Program must be initiated by the filing of
either a preliminary or final application for exemption with the FAA.
    Hendry County submitted an initial preliminary application to the
Airport Privatization Pilot Program for Airglades Airport on August 31,
2010. The FAA requested additional information and Hendry County
submitted that information on October 6, 2010-- the filing date of this
preliminary application. The County may select a private operator,
negotiate an agreement and submit a final application to the FAA for
exemption.
    If FAA accepts the final application for review, the application
will be made available for public review and comment for a sixty-day
period.

    Issued in Washington, DC on October 20, 2010.
Randall S. Fiertz,
Director, Office of Airport Compliance and Field Operations.
[FR Doc. 2010-27896 Filed 11-3-10; 8:45 am]
BILLING CODE P


[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46926-46929]
[FR Doc No: 2017-21787]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0012; FRL-9965-58]

Tall Oil Fatty Acids; Exemption From the Requirement of a
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes exemptions from the requirement of
a tolerance for residues of tall oil fatty acids (CAS Reg. No. 61790-
12-3) when used as inert ingredients (solvent/carrier) in the following
circumstances: In pesticide formulations applied to growing crops and
raw agricultural commodities after harvest; in pesticides applied in/on
animals, and in antimicrobial formulations for food contact surfaces.
Spring Trading Company on behalf of Ingevity Corporation submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting establishment of these exemptions from the requirement of a
tolerance. This regulation eliminates the need to establish maximum
permissible levels for residues of tall oil fatty acids that are
consistent with the conditions of these exemptions.

DATES: This regulation is effective October 10, 2017. Objections and
requests for hearings must be received on or before December 11, 2017,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number: EPA-HQ-OPP-2017-0012, is available at
http://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration
Division (7505P), Registration Division (7505P), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; main telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2017-0012 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
December 11, 2017. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2017-0012, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of April 10, 2017 (82 FR 17175) (FRL-9959-
61), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of pesticide petition (IN-11002) by Spring
Trading Company (203 Dogwood Trail, Magnolia, TX 77354) on behalf of
Ingevity Corporation (5255 Virginia Avenue, North Charleston, SC
29406). This petition requested that 40 CFR 180.910, 40 CFR 180.930,
and 40 CFR 180.940(a) be amended by establishing exemptions from the
requirement of a tolerance for residues of tall oil fatty acids (CAS
Reg. No. 61790-12-3) when used as an inert ingredient (solvent/carrier)
in pesticide formulations applied to growing crops and to raw
agricultural commodities after harvest, in pesticides applied in/on
animals, or in antimicrobial formulations for food contact surfaces.
That document referenced the summary of the petition prepared by Spring
Trading Company on behalf of Ingevity Corporation, the petitioner,
which are available in the docket, http://www.regulations.gov. There
were no comments received in response to the notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A) and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for tall oil fatty acids including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with tall oil fatty acids
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused

by tall oil fatty acids as well as the no-observed-adverse-effect-level
(NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the
toxicity studies are discussed in this unit.
    The acute oral toxicity is low in rats for tall oil fatty acids;
the lethal dose (LD50) is >10,000 milligrams/kilogram (mg/
kg). Tall oil fatty acids are not a dermal sensitizer in the guinea pig
maximization test. Acute dermal toxicity (study available with oleic
acid) was not observed in guinea pigs. Skin and eye irritation and
inhalation studies are not available.
    Tall oil fatty acids do not exhibit toxicity when administered via
the diet to rats at 2,500 mg/kg/day for 90 days.
    A two-generation reproduction toxicity study in rats was available
for tall oil fatty acids. Fetal susceptibility was not observed.
Neither maternal nor developmental adverse effects were observed
following oral administration of tall oil fatty acids at doses as high
as 5,000 mg/kg/day.
    Carcinogenicity studies with tall oil fatty acids are not
available; however, there is no toxicological endpoint of concern up to
5,000 mg/kg/day nor is there a potential for mutagenicity. Therefore,
tall oil fatty acids are not expected to be carcinogenic.
    Mutagenicity studies, the Ames test and mammalian gene mutations,
are negative for tall fatty acids. Therefore, tall oil fatty acids are
not mutagenic.
    Neurotoxicity and immunotoxicity studies are not available for
review; however, evidence of neurotoxicity and immunotoxicity is not
observed in the submitted studies.

B. Toxicological Points of Departure/Levels of Concern

    The available toxicity studies indicate that tall oil fatty acids
have a very low overall toxicity. The NOAELs in a 90-day oral and a
reproduction toxicity studies were =5,000 mg/kg/day; well
above the limit dose of 1,000 mg/kg/day. Since no signs of toxicity
were observed, even at doses above the limit dose, an endpoint of
concern for risk assessment purposes was not identified. Therefore, a
qualitative risk assessment was conducted for acute and chronic dietary
exposures and short and intermediate dermal and inhalation exposures.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to tall oil fatty acids, EPA considered exposure under the
proposed exemption from the requirement of a tolerance. EPA
qualitatively assessed dietary exposures from tall oil fatty acids in
food as follows:
    Dietary exposure (food and drinking water) to tall oil fatty acids
can occur following ingestion of foods with residues from treated
crops, animals or food contact surfaces. Use on food crops may result
in residues in drinking water.
    2. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables).
    Tall oil fatty acids may be used in pesticide products and non-
pesticide products that may be used in and around the home. Based on
the discussion above, a quantitative residential exposure assessment
for tall oil fatty acids was not conducted.
    3. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Based on the available data, tall oil fatty acids do not have a
toxic mechanism; therefore, section 408(b)(2)(D)(v) does not apply.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA Safety
Factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    As part of its qualitative assessment, the Agency did not use
safety factors for assessing risk, and no additional safety factor is
needed for assessing risk to infants and children. Based on an
assessment of tall oil fatty acids, EPA has concluded that there are no
toxicological endpoints of concern for the U.S. population, including
infants and children.

E. Aggregate Risks and Determination of Safety

    Because no toxicological endpoints of concern were identified, EPA
concludes that aggregate exposure to residues of tall oil fatty acids
will not pose a risk to the U.S. population, including infants and
children, and that there is a reasonable certainty that no harm will
result to the general population, or to infants and children from
aggregate exposure to tall oil fatty acids residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

VI. Conclusions

    Therefore, exemptions from the requirement of a tolerance are
established under for residues of tall oil fatty acids (CAS Reg. No.
61790-12-3) when used as an inert ingredient (solvent/carrier) in
pesticide formulations as follows: For application to growing crops and
raw agricultural commodities after harvest under 40 CFR 180.910; for
application to animals under 40 CFR 180.930; and for use in
antimicrobial pesticide formulations applied to for food contact
surfaces in public eating places, dairy-processing equipment, and food-
processing equipment and utensils under 40 CFR 180.940(a).

VII. Statutory and Executive Order Reviews

    This action establishes exemptions from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA) (44

U.S.C. 3501 et seq.), nor does it require any special considerations
under Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the exemptions in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 5, 2017.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.910, add alphabetically the inert ingredient to the
table to read as follows:

Sec.  180.910   Inert ingredients used pre- and post-harvest;
exemptions from the requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
         Inert ingredients           Limits              Uses
------------------------------------------------------------------------

                                * * * * *
Tall oil fatty acids (CAS Reg. No.  .......  Solvent/carrier.
 61790-12-3).

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

0
3. In Sec.  180.930, add alphabetically the inert ingredient to the
table to read as follows:

Sec.  180.930  Inert ingredients applied to animals; exemptions from
the requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
         Inert ingredients           Limits              Uses
------------------------------------------------------------------------

                                * * * * *
Tall oil fatty acids (CAS Reg. No.  .......  Solvent/carrier.
 61790-12-3).

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

0
4. In Sec.  180.940(a), add alphabetically the inert ingredient to the
table to read as follows:

Sec.  180.940(a)  Tolerance exemptions for active and inert ingredients
for use in antimicrobial formulations (Food contact surface sanitizing
solutions).

* * * * *
    (a) * * *

------------------------------------------------------------------------
         Inert ingredients           Limits              Uses
------------------------------------------------------------------------

                                * * * * *
Tall oil fatty acid (CAS Reg. No.   .......  Solvent/carrier.
 61790-12-3).

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

* * * * *
[FR Doc. 2017-21787 Filed 10-6-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: May 14, 2009 (Volume 74, Number 92)]
[Notices]
[Page 22769-22772]
[DOCID:fr14my09-75]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-28721; File No. 812-13594]

Cohen & Steers Advantage Income Realty Fund, et al.; Notice of
Application

May 8, 2009.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order under section 6(c) of the
Investment Company Act of 1940 (``Act'') for an exemption from sections
18(a)(1)(A) and (B) of the Act.

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

    Applicants: Cohen & Steers Advantage Income Realty Fund, Inc.,
Cohen & Steers Global Income Builder, Inc., Cohen & Steers Premium
Income Realty Fund, Cohen & Steers Quality Income Realty Fund, Inc.,
Cohen & Steers REIT and Preferred Income Fund, Inc., Cohen & Steers
REIT and Utility Income Fund, Inc., Cohen & Steers Select Utility Fund,
Inc. and Cohen & Steers Worldwide Realty Income Fund, Inc. (each, a
``Fund'' and collectively, ``Funds'').
SUMMARY: Summary of Application: Applicants request an order
(``Order'') granting an exemption from sections 18(a)(1)(A) and (B) of
the Act for a period from the date of the Order until October 31, 2010.
The Order would permit each Fund to issue or incur debt subject to
asset coverage of 200% that would be used to refinance the Fund's
auction preferred shares (``APS Shares'') issued prior to February 1,
2008 that are outstanding at the time such post-Order debt is issued or
incurred. The Order also would permit each Fund to declare dividends or
any other distributions on, or purchase, capital stock during the term
of the Order, provided that any such debt has asset coverage of at
least 200% after deducting the amount of such transaction.

DATES: Filing Dates: The application was filed on October 27, 2008, and
amended on March 26, 2009 and May 7, 2009. Applicants have agreed to
file an amendment during the notice period, the substance of which is
reflected in this notice.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on May 29, 2009, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090. Applicants: c/o Francis C. Poli, Esq.,
Cohen & Steers Capital Management, 280 Park Avenue, New York, NY 10017.

FOR FURTHER INFORMATION CONTACT: Jean E. Minarick, Senior Counsel, at
(202) 551-6811, or Julia Kim Gilmer, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

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

Applicants' Representations

    1. Each of the Funds is organized as a Maryland corporation and is
a non-diversified, closed-end management investment company registered
under the Act. Each Fund is advised by Cohen & Steers Capital
Management, Inc. and has issued and outstanding a class of common
shares and a class of one or more series of APS Shares.
    2. Applicants state that the Funds issued their outstanding APS
Shares for purposes of investment leverage to augment the amount of
investment capital available for use in the pursuit of their investment
objectives. Applicants state that, through the use of leverage, the
Funds seek to enhance the investment return available to the holders of
their common shares by earning a rate of return from securities that
are purchased from the proceeds of APS Share offerings that exceeds the
dividend rate that the applicants pay to holders of the APS Shares.
Applicants represent that APS shareholders are entitled to receive a
stated liquidation preference amount of $25,000 per share (plus any
accumulated but unpaid dividends) in any liquidation, dissolution, or
winding up of the relevant Fund before any distribution or payment to
holders of the Fund's common shares. Applicants also state that
dividends declared and payable on APS Shares have a similar priority
over dividends declared and payable on the

Funds' common shares. In addition, applicants state that APS Shares are
``perpetual'' securities and are not subject to mandatory redemption by
a Fund so long as the Fund meets certain asset coverage tests. Further,
applicants state that APS Shares are redeemable at each Fund's option.
    3. Applicants state that prior to February 2008, dividend rates on
the APS Shares for each dividend period were set at the market clearing
rate determined through an auction process that brought together
bidders, who sought to buy APS Shares, and holders of APS Shares, who
sought to sell their APS Shares. Applicants explain that if an auction
fails to clear (because of an imbalance of sell orders over bids), the
dividend payment rate over the next dividend period was set at a
specified maximum applicable rate (the ``Maximum Rate'') determined by
reference to a short-term market interest rate. Applicants state that
an unsuccessful auction is not a default; the relevant Fund continues
to pay dividends to all holders of APS Shares, but at the specified
Maximum Rate rather than a market clearing rate. Prior to February
2008, the Maximum Rate had never been triggered due to failed auctions
for any of the Funds.
    4. Applicants state that if investors did not purchase all of the
APS Shares tendered for sale at an auction prior to the failure of the
auction market, dealers would enter into the auction and purchase any
excess shares to prevent the auction from failing. Applicants represent
that APS Shares traded successfully in the auction market with, so far
as the applicants are aware, very few exceptions for approximately
twenty years. Applicants believe that investors invested short-term
cash balances in APS Shares believing they were safe, short-term,
liquid investments and, in many situations, the equivalent of cash.
    5. Applicants state that in February 2008, the financial
institutions that historically provided ``back stop'' liquidity for the
APS Share auction markets stopped participating in APS Share auctions
and the auctions began to fail. Applicants state that, beginning in
February 2008, all of the Funds have experienced unsuccessful auctions
due to an imbalance between buy and sell orders. Applicants believe
that there is no established secondary market that would provide
holders of APS Shares with the liquidation preference of $25,000 per
share. Applicants state that three of the eight Funds to date have
redeemed, or have publicly announced the redemption of, approximately
80%, 83% and 52%, respectively, of their APS Shares with borrowings
from a secured credit facility with the Funds' custodian and/or with
cash proceeds from the sale of portfolio securities. The other five
Funds have redeemed, or publicly announced the redemption of
approximately 85%, 83%, 78%, 71% and 56% of their APS Shares,
respectively, with borrowings from a secured credit facility with a
third party and with cash proceeds from the sale of portfolio
securities. The Funds were, and are, prohibited from redeeming all of
their APS Shares because they would not have the 300% asset coverage
required by section 18(a)(1) of the Act after a full redemption of the
APS Shares. Applicants state that there is currently no reliable
mechanism for holders of APS Shares to obtain liquidity, and believe
that, industry-wide, the current lack of liquidity is causing distress
for a substantial number of APS shareholders and creating severe
hardship for many investors.
    6. Applicants seek relief for the period from the date of any Order
until October 31, 2010 (``Exemption Period'') to facilitate temporary
borrowings by the Funds that would enhance their ability to provide a
liquidity solution to the holders of their APS Shares in the near term
while also seeking a more permanent form of replacement leverage that
complies in full with the asset coverage requirements of Section 18 of
the Act.\1\ Because of the limited availability of debt financing in
the current, severely constrained capital markets, the applicants
believe that the negotiation, execution and closing of borrowing
transactions to replace all or a portion of the leverage currently
represented by the Funds' outstanding APS Shares, might take, at a
minimum, several months following the issuance of the Order. Applicants
further state that it is uncertain when, or if, the Funds will be able
to issue a new type of preferred stock to replace borrowings, or how
quickly the securities and capital markets will return to conditions
that would enable the Funds to achieve compliance with the asset
coverage requirements that would apply in the absence of the Order.
Given the uncertainty and the current and continuing unsettled state of
the securities and capital markets, the applicants believe that the
Exemption Period is reasonable and appropriate. Any refinancing of APS
Shares would be subject to the Funds' negotiation of agreements with
acceptable counterparties, any necessary approval of changes to each
Fund's fundamental investment policies and approval of such
arrangements by the Fund's board of directors (``Board'').
---------------------------------------------------------------------------

    \1\ Applicants state that the requested relief would be
beneficial to the Funds' common shareholders because in each case in
which a Fund will redeem APS Shares, the cost of replacement
leverage, over time, is expected to be lower than or equal to the
total cost of APS Shares if they remained outstanding.
---------------------------------------------------------------------------

Applicants' Legal Analysis

    1. Section 18(a)(1)(A) of the Act provides that it is unlawful for
any registered closed-end investment company to issue any class of
senior security representing indebtedness, or to sell such security of
which it is the issuer, unless the class of senior security will have
an asset coverage of at least 300% immediately after issuance or sale.
Section 18(a)(2)(A) of the Act provides that it is unlawful for any
registered closed-end investment company to issue any class of senior
security that is a stock, or to sell any such security of which it is
the issuer, unless the class of senior security will have an asset
coverage of at least 200% immediately after such issuance or sale.\2\
---------------------------------------------------------------------------

    \2\ Section 18(h) of the Act defines asset coverage of a class
of senior security representing indebtedness of an issuer as the
ratio which the value of the total assets of the issuer, less all
liabilities and indebtedness not represented by senior securities,
bears to the aggregate amount of senior securities representing
indebtedness of the issuer. The section defines asset coverage of a
class of senior security of an issuer as the ratio which the value
of the total assets of the issuer, less all liabilities and
indebtedness not represented by senior securities, bears to the
aggregate amount of senior securities representing indebtedness of
the issuer plus the amount the class of senior security would be
entitled to on involuntary liquidation.
---------------------------------------------------------------------------

    2. Section 18(a)(1)(B) prohibits a closed-end fund from declaring a
dividend or other distribution on, or purchasing, its own capital stock
unless its outstanding indebtedness will have an asset coverage of at
least 300% immediately after deducting the amount of such dividend,
distribution or purchase price.\3\ Section 18(a)(2)(B) prohibits a
closed-end fund from declaring a dividend or other distribution on, or
purchasing, its own common stock unless its outstanding preferred stock
will have an asset coverage of at least 200% immediately

after deducting the amount of such dividend, distribution or purchase
price.
---------------------------------------------------------------------------

    \3\ An exception is made for the declaration of a dividend on a
class of preferred stock if the senior security representing
indebtedness has an asset coverage of at least 200% at the time of
declaration after deduction of the amount of such dividend. See
section 18(a)(1)(B) of the Act. Further, section 18(g) of the Act
provides, among other things, that ``senior security,'' for purposes
of section 18(a)(1)(B), does not include any promissory note or
other evidence of indebtedness issued in consideration of any loan,
extension or renewal thereof, made by a bank or other person and
privately arranged, and not intended to be publicly distributed.
---------------------------------------------------------------------------

    3. Section 6(c) of the Act provides, in relevant part, that the
Commission, by order upon application, may conditionally or
unconditionally exempt any person, security, or transaction, or any
class or classes of persons, securities or transactions from any
provision of the Act if and to the extent 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.
    4. Applicants request that the Commission issue an Order under
section 6(c) of the Act to exempt each Fund from the 300% asset
coverage requirements set forth in sections 18(a)(1)(A) and (B) of the
Act. Specifically, the Funds seek relief from the section 18 asset
coverage requirements for senior securities representing indebtedness
for the Exemption Period to permit the Funds to refinance any APS
Shares \4\ issued prior to February 1, 2008 that are outstanding at the
time of the Order with debt subject, on a temporary basis, to the 200%
asset coverage requirement for stock, rather than the 300% asset
coverage that would ordinarily apply under section 18 to senior
securities representing indebtedness, (a) when they incur that debt,
and (b) when they declare dividends or any other distributions on, or
purchase, their capital stock, after deduction of the amount of such
dividend, distribution or purchase price. Applicants state that, except
as permitted under the requested Order, if issued, the Funds would meet
all of the asset coverage requirements of section 18(a) of the Act. In
addition, applicants state that within the Exemption Period each Fund
that borrows in reliance on the Order will either pay down or refinance
the debt so that the Fund would, then and thereafter, comply with the
applicable asset coverage requirements (200% for equity or 300% for
debt) under section 18 of the Act.
---------------------------------------------------------------------------

    \4\ For purposes of the Order, the Applicants' refinancings of
APS Shares also include any refinancings of post-Order debt entered
into for the purpose of redeeming APS Shares outstanding at the time
the Funds entered into such post-Order debt (and not any other
debt). In connection with the reorganization of one or more Funds
with another Fund, the Funds also would be permitted to refinance
their post-Order debt to the extent necessary to permit the
surviving Fund to assume or incur borrowings equal to the post-Order
debt incurred by the acquired Fund(s). Applicants also request that
the Order permit each Fund to refinance any APS Shares issued solely
in connection with the reorganization of the Fund (and not for the
purpose of incurring additional leverage) with another Fund after
the issuance of the Order.
---------------------------------------------------------------------------

    5. Applicants state that section 18 reflects congressional concerns
regarding preferential treatment for certain classes of shareholders,
complex capital structures, and the use of excessive leverage.
Applicants submit that another concern was that senior securities gave
the misleading impression of safety from risk. Applicants believe that
the request for temporary relief is necessary, appropriate and in the
public interest and that such relief is consistent with the protection
of investors and the purposes intended by the policy and provisions of
the Act.
    6. Applicants note that the illiquidity of APS Shares is a unique,
exigent situation that is posing urgent, and in some cases devastating,
hardships on APS shareholders. Applicants represent that the proposed
replacement of the APS Shares with debt would provide additional
liquidity for the applicants' APS shareholders while the applicants
continue their efforts to obtain a more permanent form of financing
that fully complies with the asset coverage requirements of section
18.\5\
---------------------------------------------------------------------------

    \5\ See supra note 2.
---------------------------------------------------------------------------

    7. Applicants represent that the Order would help avoid the
potential harm to common shareholders that could result if the Funds
were to deleverage their portfolios in the current difficult market
environment or that could result if a reduction in investment return
reduced the market price of common shares. Applicants also state that
the requested Order would permit the Funds to continue to provide their
common shareholders with the enhanced returns that leverage may
provide.
    8. Applicants believe that the interests of both classes of the
Funds' current investors would be well served by the requested order--
the APS shareholders because they may achieve the liquidity that the
market currently cannot provide (as well as full recovery of the
liquidation value of their shares), and the common shareholders because
the cost of the new form of leverage would, over time, be lower than
that of the total cost of the APS Shares based on their Maximum Rates
and the adverse consequences of deleveraging would be avoided.
    9. Applicants represent that the proposed borrowing would be
obtained from banks, insurance companies or qualified institutional
buyers (as defined in Rule 144(a)(1) under the Securities Act of 1933)
who would be capable of assessing the risk associated with the
transaction. Applicants also state that, to the extent the Act's asset
coverage requirements were aimed at limiting leverage because of its
potential to magnify losses as well as gains, they believe that the
proposal would not unduly increase the speculative nature of the Funds'
common shares because the relief is temporary and the Funds would be no
more highly leveraged if they replace the existing APS Shares with
borrowing.\6\ Applicants also state that the proposed liquidity
solution would not make the Funds' capital structure more complex,
opaque, or hard to understand or result in pyramiding or inequitable
distribution of control.
---------------------------------------------------------------------------

    \6\ Applicants acknowledge that managing any portfolio that
relies on borrowing for leverage entails the risk that, when the
borrowing matures and must be repaid or refinanced, an economically
attractive form of replacement leverage may not be available in the
capital markets. For that reason, any portfolio that relies on
borrowing for leverage is subject to the risk that it may have to
deleverage, which could be disadvantageous to the portfolio's common
shareholders. Applicants therefore state that they regard leveraging
through borrowing as potentially a temporary, interim step, with the
issuance of new preferred stock as a possible longer-term
replacement source of portfolio leverage.
---------------------------------------------------------------------------

    10. Applicants state that the current state of the credit markets,
which has affected the APS Shares, is an historic event of unusual
severity, which requires a creative and flexible response on the part
of both the public and private sectors. Applicants believe that these
issues have created an urgent need for limited, quick, thoughtful and
responsive solutions. Applicants believe that the request meets the
standards for exemption under section 6(c) of the Act.

Applicants' Conditions

    Applicants agree that any order granting the requested relief shall
be subject to the following conditions:
    1. Each Fund that borrows subject to 200% asset coverage under the
order will do so only if such Fund's Board, including a majority of the
directors who are not ``interested persons'' (as defined in section
2(a)(19) of the Act) (``Independent Directors''), shall have determined
that such borrowings are in the best interests of such Fund, its common
shareholders, and the holders of its APS Shares. Each Fund shall make
and preserve for a period of not less than six years from the date of
such determination, the first two years in an easily accessible place,
minutes specifically describing the deliberations by the Board and the
information and documents supporting those deliberations, the factors
considered by the Board in connection with such determination, and the
basis of such determination.

    2. Upon expiration of the Exemption Period, each Fund will have
asset coverage of at least 300% for each class of senior security
representing indebtedness.
    3. The Board of any Fund that has borrowed in reliance on the Order
shall receive and review, no less frequently than quarterly during the
Exemption Period, detailed progress reports prepared by management (or
other parties selected by the Independent Directors) regarding and
assessing the efforts that the Fund has undertaken, and the progress
that the Fund has made, towards achieving compliance with the
appropriate asset coverage requirements under section 18 of the Act by
the expiration of the Exemption Period. The Board, including a majority
of the Independent Directors, will make such adjustments as it deems
necessary or appropriate to ensure that the Fund comes into compliance
with section 18 of the Act within a reasonable period of time, not to
exceed the expiration of the Exemption Period. Each Fund will make and
preserve minutes describing these reports and the Board's review,
including copies of such reports and all other information provided to
or relied upon by the Board, for a period of not less than six years
from the date of such determination, the first two years in an easily
accessible place.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-11233 Filed 5-13-09; 8:45 am]

BILLING CODE 8010-01-P


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

General Comment:Re: Request for Extension of Comment Period: Docket No. FDA-2014-N-0189

I am the owner and sole proprietor of E llusion.   E llusion is a small electronic cigarette retailer employing only myself.  I manufacture electronic cigarette liquid, which I sell retail locally, along with electronic cigarette hardware that I purchase elsewhere.

I have initially reviewed the proposed regulations and respectfully request that the FDA extend the comment period for the proposed rule entitled “Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Regulations on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products.”

I feel as though the initial 75-day comment period does not provide enough time for companies like mine to effectively consider the entire proposal and provide relative comments on the numerous questions posed by the agency.  Frankly, I need more time to address this 240-page document whose contents will deal a devastating economic blow to my business.

The preamble to the proposed rule lists approximately 70 topics and issues the FDA has requested comments on.  Many of these issues are multipart, difficult to understand and relate to an diverse array of products; the time period that the FDA took to propose these regulations is evidence itself that the issues in this proposal are challenging, to say the least.  The FDA cannot reasonably expect any interested party, especially a retailer, to conduct a proper review and analysis of these issues and provide detailed  comments within the 75-day period allotted.

Therefore, E llusion again respectfully requests that FDA extend the comment period to a full six (6) months.  Doing so will help to ensure that the final rule is based on an adequate administrative record.

Thank you in advance for your consideration of this request.

Sincerely,

  E llusion

Laurie J. Elgin

Owner/Operator


EGU GHG NSPS - Submittal #2

RobertJ Wayland

to:

Cortney_Higgins

01/24/2012 04:54 PM

C:

Kevin Culligan, Nick Hutson, fellner.christian, johnson.mary

Hide Details

From:	RobertJ Wayland/RTP/USEPA/US

	To<EMAIL_ADDRESS>

	Cc:	Kevin Culligan/DC/USEPA/US@EPA, Nick Hutson/RTP/USEPA/US@EPA, <EMAIL_ADDRESS><EMAIL_ADDRESS>

Cortney -

Attached below is the information on the CAMR documents that were requested.

thanx!

bob

Robert J. Wayland, Ph.D.

Leader, Energy Strategies Group

U.S. Environmental Protection Agency

Office of Air Quality Planning & Standards

Sector Policies and Programs Division

Mail Code D243-01

RTP, NC  27711

Phone:<PHONE_NUMBER>

Cell:<PHONE_NUMBER>

Fax:<PHONE_NUMBER>

e-mail<EMAIL_ADDRESS> *********************************************************

DRAFT/Deliberative Document -- FOIA Exempt

*********************************************************

----- Forwarded by Kevin Culligan/DC/USEPA/US on 01/23/2012 12:58 PM -----

From:	Howard Hoffman/DC/USEPA/US

To:	Kevin Culligan/DC/USEPA/US@EPA

Cc:	Elliott Zenick/DC/USEPA/US@EPA

Date:	01/20/2012 03:08 PM

Subject:	OMB ask re: CAMR trading discussion

The following is responsive to Courtney's request for CAMR documents that discuss trading:

CAMR-FR.pdf

sec_111_respcom_oar-2002-0056-6206.pdf

Environmental Petitioners' Opening Brief 05-1162.pdf

INITIAL BRIEF OF RESPONDENT EPA.pdf

Environmental Petitioners Proof Reply Brief 05-1097.pdf

Howard J. Hoffman EPA-OGC-ARLO

(202) 564-5582 (v); -5603 (fax);<PHONE_NUMBER> (cell)

The contents of this e-mail and any attachments to it

may be attorney-client or deliberative-process privileged.


[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22261-22262]
[FR Doc No: 2018-10183]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC18-91-000.
    Applicants: NextEra Energy Transmission Midatlantic, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act and Request for Expedited Action of NextEra Energy
Transmission Midatlantic, LLC.
    Filed Date: 5/7/18.
    Accession Number: 20180507-5194.
    Comments Due: 5 p.m. ET 5/29/18.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG18-83-000.
    Applicants: Heartland Divide Wind Project, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Heartland Divide Wind Project, LLC.
    Filed Date: 5/8/18.
    Accession Number: 20180508-5111.
    Comments Due: 5 p.m. ET 5/29/18.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER18-1416-000.
    Applicants: CED Wistaria Solar, LLC.
    Description: Supplement to April 23, 2018 CED Wistaria Solar, LLC
tariff filing [Exhibit B].
    Filed Date: 5/2/18.
    Accession Number: 20180502-5188.
    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-1539-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: Tooele Non-Conforming SGIA
to be effective 4/16/2018.
    Filed Date: 5/7/18.
    Accession Number: 20180507-5172.
    Comments Due: 5 p.m. ET 5/29/18.

    Docket Numbers: ER18-1540-000.
    Applicants: NorthWestern Corporation.
    Description: Sec.  205(d) Rate Filing: SA 305 11th Rev--NITSA with
Stillwater Mining Company to be effective 7/1/2018.
    Filed Date: 5/8/18.
    Accession Number: 20180508-5001.
    Comments Due: 5 p.m. ET 5/29/18.

    Docket Numbers: ER18-1541-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: AEP Transcos Formula Rate
Compliance Filing Pursuant to Order in EL18-63 to be effective 1/1/
2018.
    Filed Date: 5/8/18.
    Accession Number: 20180508-5028.
    Comments Due: 5 p.m. ET 5/29/18.

    Docket Numbers: ER18-1542-000.
    Applicants: American Electric Power Service Corporation, Southwest
Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: AEP Formula Rate Revisions
to be effective 1/1/2018.
    Filed Date: 5/8/18.
    Accession Number: 20180508-5049.
    Comments Due: 5 p.m. ET 5/29/18.

    Docket Numbers: ER18-1543-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: Avangrid Const Agmt for
Klamath Metering to be effective 7/9/2018.
    Filed Date: 5/8/18.
    Accession Number: 20180508-5063.
    Comments Due: 5 p.m. ET 5/29/18.

    Docket Numbers: ER18-1544-000.
    Applicants: Transource West Virginia, LLC, PJM Interconnection,
L.L.C.
    Description: eTariff filing per 1450: Transource WV submits
revisions to

OATT, Att H-26 re: 3/15/2018 Order in EL18-70 to be effective 1/1/2018.
    Filed Date: 5/8/18.
    Accession Number: 20180508-5067.
    Comments Due: 5 p.m. ET 5/29/18.

    Docket Numbers: ER18-1545-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Cancellation: Notice of Cancellation LA Gabriel
Solar 1 & 2 Projects SA Nos. 966-967 to be effective 4/25/2018.
    Filed Date: 5/8/18.
    Accession Number: 20180508-5083.
    Comments Due: 5 p.m. ET 5/29/18.

    Docket Numbers: ER18-1546-000.
    Applicants: AEP Appalachian Transmission Company, Inc., AEP Indiana
Michigan Transmission Company, Inc., AEP Kentucky Transmission Company,
Inc., AEP Ohio Transmission Company, Inc., AEP West Virginia
Transmission Company, Inc., PJM Interconnection, L.L.C.
    Description: eTariff filing per 1450: AEP submits revisions to
OATT, Att H-20B Part I re: Tax Reform EL18-62 to be effective 1/1/2018.
    Filed Date: 5/8/18.
    Accession Number: 20180508-5118.
    Comments Due: 5 p.m. ET 5/29/18.

    Docket Numbers: ER18-1547-000.
    Applicants: The Dayton Power and Light Company, PJM
Interconnection, L.L.C.
    Description: eTariff filing per 1450: Dayton submits revisions to
OATT Att. H-15 re: Order to Show Cause EL18-117 to be effective 3/21/
2018.
    Filed Date: 5/8/18.
    Accession Number: 20180508-5148.
    Comments Due: 5 p.m. ET 5/29/18.

    Docket Numbers: ER18-1548-000.
    Applicants: Seguro Energy Partners, LLC.
    Description: Baseline eTariff Filing: Application For Market Based
Rate to be effective 7/9/2018.
    Filed Date: 5/8/18.
    Accession Number: 20180508-5152.
    Comments Due: 5 p.m. ET 5/29/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 8, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-10183 Filed 5-11-18; 8:45 am]
 BILLING CODE 6717-01-P