[Federal Register: March 23, 2009 (Volume 74, Number 54)]
[Notices]
[Page 12169-12170]
[DOCID:fr23mr09-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59580; File No. SR-NASDAQ-2007-006]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Approving Proposed Rule Change as Modified by Amendment No. 1 Thereto
To Establish the Nasdaq Daily Share Volume Service and To Establish
Fees for the Service

March 13, 2009.
    On February 7, 2007, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to establish
the Nasdaq Daily Share Volume Service (``Service'') and to establish
fees for the Service. The Service will provide the volume of shares
traded each day by issue for participating market participants on a T+1
basis. The volume data will consist of trades from the Nasdaq Execution
System.\3\ Subscribers will have File Transfer Protocol (``FTP'')
access to the full underlying data set to create custom reports.
Subscribers will also be able to redistribute the data, although the
subscriber will be required to enter into a distributor agreement.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Nasdaq also proposed to include internalized prints from the
FINRA/Nasdaq Trade Reporting Facility (``TRF'') in the Service.
However, as part of Amendment No. 1, Nasdaq has represented that it
will not include any TRF data in the Service until FINRA has
submitted a separate filing to include TRF data in the Service, and
the Commission has acted favorably upon that filing. See note 5
infra.
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    Nasdaq proposes to charge $2,500 per month for the Service.
Participation by eligible market participants will be voluntary, and
eligible market participants who choose to participate will be able to
decide whether to advertise their trade volume by market participant ID
code and issue.
    The proposed rule change was published in the Federal Register on
March 16, 2007.\4\ The Commission received no comments on the proposal.
On March 6, 2009, Nasdaq filed Amendment No. 1 to the proposed rule
change.\5\
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    \4\ See Securities Exchange Act Release No. 55444 (March 12,
2007), 72 FR 12648 (``Notice'').
    \5\ In Amendment No. 1, Nasdaq clarified certain aspects of the
Service. For example, Nasdaq noted that it will not include any data
in the Service that is received from the FINRA/Nasdaq TRF until
FINRA has submitted a separate filing to include TRF data in the
Service, and the Commission has acted favorably upon that filing.
Nasdaq also noted that it is eliminating the individual access fee
for web subscribers from the Service, and deleted the corresponding
portion of the proposed rule text. Because the Amendment is
technical in nature, it is not subject to notice and comment.
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    The Commission has reviewed carefully the proposed rule change and
finds that the proposed rule change is consistent with the requirements
of the Act and the rules and regulations thereunder applicable to a
national securities exchange \6\ and, in particular, Section 6(b)(4) of
the Act,\7\ which requires, among other things, that Nasdaq's rules
provide for the equitable allocation of reasonable dues, fees and other
charges among members and issuers and other persons using any facility
or system which Nasdaq operates or controls. The Commission also finds
that the proposed rule change is consistent with Section 6(b)(5) of the
Act,\8\ which requires, among other things, that Nasdaq's rules are not
designed to unfairly discriminate between customers, issuers, brokers
or dealers.
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    \6\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the proposed rule change is consistent
with these statutory standards. Use of the Service is optional, and the
fee associated with the Service will be imposed on all subscribers
equally. The fee for the Service is intended to cover the costs of
establishing and maintaining the Service.\9\
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    \9\ See Notice at 12649.
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    In addition, the proposal meets the criteria, formulated by the
Commission \10\ in connection with the petition filed by
NetCoalition,\11\ for approval of proposed rule changes concerning the
distribution of non-core market data.\12\ In its order issued in
connection with the NetCoalition petition, the Commission stated that
``reliance on competitive forces is the most appropriate and effective
means to assess whether the terms for the distribution of non-core data
are equitable, fair and reasonable, and not unreasonably
discriminatory.'' \13\ As such, the ``existence of significant
competition provides a substantial basis for finding that the terms of
an exchange's fee proposal are equitable, fair, reasonable, and not
unreasonably or unfairly discriminatory.'' \14\ If an exchange ``was
subject to significant competitive forces in setting the terms of a
proposal,'' the proposal will be approved unless the Commission
determines that ``there is a substantial countervailing basis to find
that the terms nevertheless fail to meet an applicable requirement of
the Exchange Act or the rules thereunder.'' \15\
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    \10\ See Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770 (December 9, 2008) (SR-NYSEArca-2006-21).
    \11\ See Securities Exchange Act Release No. 55011 (December 27,
2006) (order granting petition for review of SR-NYSEArca-2006-21).
    \12\ The Commission's order distinguishes between core market
data, which is defined as ``the best-priced quotations and last sale
information of all markets in U.S.-listed equities that Commission
rules require to be consolidated and distributed to the public by a
single central processor,'' and non-core market data. See 73 FR at
74771. Because the Service, which provides daily traded share volume
for trades executed by, or reported to, Nasdaq systems, does not
involve core market data, this proposed rule change is properly
categorized as a non-core market data proposal.
    \13\ Id. at 74781.
    \14\ Id. at 74781-82.
    \15\ Id. at 74781. In approving NYSEArca-2006-21, the Commission
found that the proposed rule change was consistent with Section
6(b)(4) of the Act, 15 U.S.C. 78f(b)(4). See 73 FR at 74779. The
Commission also found that the proposal was consistent with Section
6(b)(5) of the Act, 15 U.S.C. 78f(b)(5), Section 6(b)(8) of the Act,
15 U.S.C. 78f(b)(8), and Rule 603(a) of Regulation NMS, 17 CFR
242.603(a). See 73 FR at 74779. The Commission noted that the
presence of competitive forces guided its analysis under both
Section 6 of the Act and Rule 603 of Regulation NMS. Id.
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    In its order approving NYSEArca-2006-21, the Commission also stated
that the terms of a proposed rule change to distribute market data for
which the exchange is the exclusive processor must provide for an
equitable allocation of fees under Section 6(b)(4) of the Act,\16\ not
be designed to permit unfair discrimination under Section 6(b)(5) of
the Act,\17\ be fair and reasonable under Rule 603(a)(1),\18\ and not
be unreasonably discriminatory under Rule 603(a)(2).\19\ If the
proposal involves non-core market data, an analysis of competitive
forces may be used, and that analysis will apply to findings

under Section 6 of the Act, and to findings under Rule 603.\20\
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    \16\ 15 U.S.C. 78f(b)(4).
    \17\ 15 U.S.C. 78f(b)(5).
    \18\ 17 CFR 242.603(a)(1).
    \19\ 17 CFR 242.603(a)(2). See 73 FR at 74782.
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    As noted above, use of the Service is voluntary, and the fee for
the Service will be imposed equally on all purchasers. In addition,
vendors and other exchanges currently make daily broker volume reports
available. For example, the New York Stock Exchange LLC (``NYSE'')
provides a broker volume report in a database format on a T+1 basis,
which compiles the trading volume of member firms based on trades
reported to NYSE.\21\ The cost of receiving the Service is comparable
to the cost for receiving the NYSE broker volume report.\22\
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    \20\ See 73 FR at 74779.
    \21\ See http://www.nyxdata.com/page/584 (listing of NYSE data
products, including NYSE Broker Volume Database).
    \22\ Id.
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    In formulating the terms of the Service, Nasdaq was thus subject to
significant competitive forces--specifically, the availability to
market participants of alternatives to purchasing the Service. Because
the proposed Service here involves the distribution of non-core market
data, and significant competitive forces are present, the Service is
thus consistent with both Section 6(b)(4) \23\ and Section 6(b)(5) of
the Act,\24\ and with Rule 603(a).\25\ There is not a substantial
countervailing basis that would render the proposal inconsistent with
the Act or the rules thereunder.
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    \23\ 15 U.S.C. 78f(b)(4).
    \24\ 15 U.S.C. 78f(b)(5).
    \25\ 17 CFR 242.603(a).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\26\ that the proposed rule change (SR-NASDAQ-2007-006), as
modified by Amendment No. 1 be, and it hereby is, approved.
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    \26\ 15 U.S.C. 78s(b)(2).
    \27\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-6147 Filed 3-20-09; 8:45 am]


[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Notices]
[Pages 57662-57663]
[FR Doc No: 2021-22609]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER15-1882-005.
    Applicants: PSEG Energy Resources & Trade LLC.
    Description: Compliance filing: Informational Filing Pursuant to
Schedule 2 of the PJM Interconnection to be effective N/A.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5103.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER18-1222-007.
    Applicants: PSEG Energy Resources & Trade LLC.
    Description: Compliance filing: Informational Filing Pursuant to
Schedule 2 of the PJM Interconnection to be effective N/A.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5099.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER20-1906-002.
    Applicants: Story County Wind, LLC.
    Description: Compliance filing: Revised Tariff Records Under Docket
ER20-1906 to be effective 8/1/2020.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5097.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER20-2239-004.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Compliance Filing in Response to
Order issued in ER20-2239 (KPP) to be effective 9/1/2020.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5371.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER20-2330-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2021-10-12_SA 2925 ITC Midwest-MEC
Sub 1st Rev GIA (J344) to be effective 6/30/2020.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5156.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER20-2331-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2021-10-12_SA 3511 ITC Midwest-MEC
Sub FSA (J344) to be effective 9/6/2020.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5159.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER20-2332-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2021-10-12_SA 3052 ITC-IPL Sub 1st
Rev FCA (J438) to be effective 6/30/2020.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5141.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER20-2333-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2021-10-12_SA 3523 ITC-IPL Sub Orig
FSA (J438) to be effective 6/30/2020.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5147.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER20-2340-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2021-10-12_SA 2955 ITC Midwest-
Interstate Power and Light Sub 2nd Rev GIA (J416) to be effective 7/1/
2020.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5252.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER20-2341-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2021-10-12_SA 3518 ITC Midwest-
Interstate Power and Light Substitute FSA (J416) to be effective 7/1/
2020.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5269.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER21-2682-001.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Tariff Amendment: Supplement to Rate Schedule
Amendment Filing to be effective 3/1/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5102.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER21-2838-001.
    Applicants: Public Service Company of Colorado.
    Description: Tariff Amendment: 2021-10-12 Gen Rplcmt Coord Agrmt-
Excel Engineering-Amnd to be effective 9/4/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5335.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-68-001.
    Applicants: Citizens Sycamore-Penasquitos Transmission LLC.
    Description: Tariff Amendment: Annual TRBAA Filing to be effective
1/1/2022.
    Filed Date: 10/8/21.
    Accession Number: 20211008-5271.
    Comment Date: 5 p.m. ET 10/29/21.

    Docket Numbers: ER22-81-000.
    Applicants: Public Service Electric and Gas Company, PJM
Interconnection, L.L.C.
    Description: Compliance filing: Public Service Electric and Gas
Company submits tariff filing per 35: PSEG submits Compliance Filing
re: ER21-2450 Letter Order to be effective 8/1/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5100.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-82-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA SA No. 6212;
Queue No. AG1-388 to be effective 9/10/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5101.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-83-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Amendment to CCSF San
Francisco Airport TFA (TO SA 284) to be effective 12/12/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5106.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-84-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3023R2 Panama Wind GIA to be
effective 9/17/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5113.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-85-000.
    Applicants: Upper Missouri G. & T. Electric Cooperative, Inc.
    Description: Sec.  205(d) Rate Filing: Revised Rate Schedules FERC
Nos. 5 and 7 to be effective 11/1/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5158.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-86-000.
    Applicants: EnerSmart Chula Vista BESS LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 12/12/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5186.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-87-000.
    Applicants: Southwest Power Pool, Inc., Basin Electric Power
Cooperative.
    Description: Sec.  205(d) Rate Filing: Southwest Power Pool, Inc.
submits tariff filing per 35.13(a)(2)(iii: 3843 Basin and Saskatchewan
Power Corp Interconnection Agr to be effective 12/15/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5195.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-88-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
No. 238 to be effective 12/13/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5245.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-89-000.
    Applicants: New York Independent System Operator, Inc.
    Description: ISO/RTO Sec.  206 Filing: Section 206: ROFR rules for
upgrades identified in Public Policy Process to be effective 10/8/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5002.
    Comment Date: 5 p.m. ET 11/1/21.

    Docket Numbers: ER22-90-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2021-10-12_MISO
Interregional Market Efficiency Project Cost Recovery Filing to be
effective 12/13/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5263.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-91-000.
    Applicants: TransCanada Energy Sales Ltd.
    Description: Compliance filing: Cost Justification Filing to be
effective N/A.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5290.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-92-000.
    Applicants: Southwestern Public Service Company.
    Description: Sec.  205(d) Rate Filing: SPS-EPE-T-Op-First Responder
Agrmt-Emerg Svcs-722-0.0.0 to be effective 12/11/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5318.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-93-000.
    Applicants: Tatanka Ridge Wind, LLC.
    Description: Sec.  205(d) Rate Filing: Filing of Reactive Rate
Schedule FERC No. 1 to be effective 10/13/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5357.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-94-000.
    Applicants: Basin Electric Power Cooperative.
    Description: Initial rate filing: Submission of Interconnection
Agreement and Amended Interconnection Agreement to be effective 12/1/
2020.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5394.
    Comment Date: 5 p.m. ET 11/2/21.

    Docket Numbers: ER22-95-000.
    Applicants: Basin Electric Power Cooperative.
    Description: Tariff Amendment: Submission of Notice of Cancellation
to be effective 12/15/2021.
    Filed Date: 10/12/21.
    Accession Number: 20211012-5398.
    Comment Date: 5 p.m. ET 11/2/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: October 12, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-22609 Filed 10-15-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Rules and Regulations]
[Page 53164]
[DOCID:fr16oc09-10]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510 and 522

[Docket No. FDA-2009-N-0665]

New Animal Drugs; Change of Sponsor; Sometribove Zinc Suspension

AGENCY: Food and Drug Administration, HHS.

ACTION:  Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect a change of sponsor for sometribove zinc
suspension from Monsanto Co. to Elanco Animal Health, A Division of Eli
Lilly & Co.

DATES: This rule is effective October 16, 2009.

FOR FURTHER INFORMATION CONTACT: David R. Newkirk, Center for
Veterinary Medicine (HFV-100), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Monsanto Co., 800 North Lindbergh Blvd., St.
Louis, MO 63167, has informed FDA that it has transferred ownership of,
and all rights and interest in, NADA 140-872 for POSILAC (sometribove
zinc suspension) to Elanco Animal Health, A Division of Eli Lilly &
Co., Lilly Corporate Center, Indianapolis, IN 46285. Accordingly, the
regulations are amended in 21 CFR 522.2112 to reflect this change of
sponsorship.
    Following this change of sponsorship, Monsanto Co. is no longer the
sponsor of an approved application. Accordingly, 21 CFR 510.600(c) is
being amended to remove the entries for Monsanto Co.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects

21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.

21 CFR Part 522

    Animal drugs.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 510 and
522 are amended as follows:

PART 510--NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 510 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

0
2. In Sec.  510.600, in the table in paragraph (c)(1) remove the entry
for ``Monsanto Co.''; and in the table in paragraph (c)(2) remove the
entry for ``000911''.

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
3. The authority citation for 21 CFR part 522 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

Sec.  522.2112  [Amended]

0
4. In paragraph (b) of Sec.  522.2112, remove ``000911'' and add in its
place ``000986''.

    Dated: October 9, 2009.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E9-24881 Filed 10-15-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Notices]
[Page 20268]
[FR Doc No: 2015-08509]

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 DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Susan Harwood Training Grant Program, FY 2015

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of availability of funds and funding opportunity
announcements (FOA) for Targeted Topic Training and Capacity Building
grants.

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SUMMARY : This notice announces availability of approximately $3.5
million for Susan Harwood Training Program grants. Two separate funding
opportunity announcements are available for Targeted Topic Training
grants and Capacity Building grants. Two types of grants are being
announced under each funding opportunity. Funding Opportunity Number
SHTG-FY-15-01 will cover the two types of Targeted Topic Training
grants: Targeted Topic Training and Targeted Topic Training and
Educational Materials Development grants. Funding Opportunity Number
SHTG-FY-15-02 will cover the two types of Capacity Building grants:
Capacity Building Developmental and Capacity Building Pilot grants.

DATES:  Grant applications for both Targeted Topic Training and
Capacity Building grants must be received electronically by the
Grants.gov system no later than 11:59 p.m., ET, on Tuesday, June 2,
2015.

ADDRESSES: The complete Susan Harwood Training Grant Program funding
opportunity announcements and all information needed to apply for these
funding opportunities are available at the Grants.gov Web site, http://www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Questions regarding the funding
opportunity announcements should be emailed to<EMAIL_ADDRESS>or
directed to Heather Wanderski, Program Analyst, or Jim Barnes,
Director, Office of Training Programs and Administration, at 847-759-
7700 (note this is not a toll-free number). Personnel will not be
available to answer questions after 5:00 p.m., ET. To obtain further
information on the Susan Harwood Training Grant Program, visit the OSHA
Web site at: http://www.osha.gov/dte/sharwood/index.html.
    Questions regarding Grants.gov should be emailed to
<EMAIL_ADDRESS>or directed to the Grants.gov Contact Center, at 1-
800-518-4726 (toll free number). The Contact Center is available 24
hours a day, 7 days a week. The Contact Center is closed on Federal
holidays.

SUPPLEMENTARY INFORMATION:

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is Section 21 of the Occupational
Safety and Health Act of 1970, (29 U.S.C. 670), Public Law 113-235, and
Secretary of Labor's Order No. 1-2012 (77 FR 3912).

Funding Opportunity Number: SHTG-FY-15-01 (Targeted Topic grants)
Funding Opportunity Number: SHTG-FY-15-02 (Capacity Building grants)

    Catalog of Federal Domestic Assistance Number: 17.502.

    Signed at Washington, DC, on April 6, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-08509 Filed 4-14-15; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register: January 17, 2008 (Volume 73, Number 12)]
[Proposed Rules]
[Page 3225-3226]
[DOCID:fr17ja08-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-1011; FRL-8517-3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revisions to Stage II Requirements in Allegheny County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve the State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania for the purpose
of modifying and clarifying existing regulatory requirements for the
control of volatile organic compounds from gasoline dispensing
facilities in Allegheny County. In the Final Rules section of this
Federal Register, EPA is approving the State's SIP submittal as a
direct final rule without prior proposal because the Agency views this
as a noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.

DATES: Comments must be received in writing by February 19, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-1011 by one of the following methods:
    A. http://www.regulations.gov Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2006-1011, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-1011. EPA's policy is that all comments

received will be included in the public docket without change, and may
be made available online at http://www.regulations.gov, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The www.regulations.gov Web site is an

``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI 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 in http://www.regulations.gov or

in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105; and the Allegheny County Health
Department, Bureau of Environmental Quality, Division of Air Quality,
301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 814-
2174, or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, Approval and
Promulgation of Air Quality Implementation Plans; Pennsylvania;
Revisions to Stage II Requirements in Allegheny County, that is located
in the ``Rules and Regulations'' section of this Federal Register
publication.

    Dated: January 8, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E8-595 Filed 1-16-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: July 20, 2007 (Volume 72, Number 139)]
[Notices]
[Page 39860-39865]
[DOCID:fr20jy07-93]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-27886; File No. 812-13333]

Delaware VIP Trust et al., Notice of Application

July 16, 2007.
AGENCY: Securities and Exchange Commission (``SEC'' or the
``Commission'').

ACTION: Notice of application (``Application'') for exemption, pursuant
to section 6(c) of the Investment Company Act of 1940, as amended (the
``1940 Act''), from the provisions of sections 9(a), 13(a), 15(a) and
15(b) of the Act and Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder.

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    Applicants: Delaware VIP Trust (the ``Fund'') and Delaware
Management Company, a series of Delaware Management Business Trust and
investment manager to the Fund (``DMC'') (collectively the
``Applicants'').
SUMMARY: Applicants request an order exempting them from the provisions
of sections 9(a), 13(a), 15(a) and 15(b) of the Act and Rules 6e-
2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent necessary to
permit shares of the Fund and shares of any other investment company or
portfolio that is designed to fund insurance products and for which DMC
or any of its affiliates, may serve in the future as investment
adviser, manager, principal underwriter, sponsor, or administrator
(``Future Funds'') (the Fund, together with Future Funds, the
``Funds'') to be sold to and held by: (a) Separate accounts funding
variable annuity contracts and variable life insurance policies
(collectively ``Variable Contracts'') issued by both affiliated life
insurance companies and unaffiliated life insurance companies; (b)
trustees of qualified group pension and group retirement plans outside
of the separate account context (``Qualified Plans''); (c) separate
accounts that are not registered as investment companies under the 1940
Act pursuant to exemptions from registration under section 3(c) of the
1940 Act; (d) DMC or its affiliates who serve or may serve as an
investment manager, investment adviser, principal underwriter, sponsor
or administrator of a Fund (collectively, ``DMC Entities'') for the
purpose of providing initial capital to a Fund; and (e) any other
account of a Participating Insurance Company permitted to hold shares
of the Funds (``General Account'').

DATES: The Application was filed on September 26, 2006, and amended on
July 11, 2007. 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 Secretary of
the Commission and serving Applicants with a copy of the request,
personally or by mail. Hearing requests should be received by the
Commission by 5:30 p.m. on August 8, 2007, 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 requester'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 Secretary of the Commission.

ADDRESSES: The Commission: Secretary, Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-1090; Applicants:
David P. O'Connor, Esq. c/o Delaware VIP Trust, 2005 Market Street,
Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Rebecca A. Marquigny, Senior Counsel,
or Joyce M. Pickholz, Branch Chief, Office of Insurance Products,
Division of Investment Management, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following is a summary of the
Application. The complete Application is available for a fee from the
SEC's Public Reference Branch, 100 F Street, NE., Room 1580,
Washington, DC 20549 (telephone<PHONE_NUMBER>).

Applicant's Representations

    1. The Fund (File No. 811-05162) is registered under the 1940 Act
as an open-end management investment company comprised of and offering
shares of beneficial interest (``shares'') in 15 investment portfolios
(each a ``Portfolio'' and, collectively, the ``Portfolios''). The Fund
or any Future Funds may offer one or more additional investment
portfolios in the future (also referred to as ``Portfolios'').
Applicants state that the Fund's shares are registered under the
Securities Act of 1933, as amended (the ``1933 Act'') (File No. 033-
14363) and the investment manager to the Fund, DMC, is registered with
the Commission as an investment adviser under the Investment Advisers
Act of 1940, as amended.
    2. Applicants represent that there will be no public shareholders
of any Portfolio. Applicants state that pursuant to exemptive relief
provided in a 1987 SEC order (Rel. IC-16105), Fund shares are being
offered to both affiliated and unaffiliated insurance company separate
accounts funding variable annuity or variable life insurance products.
Applicants state that separate accounts which currently or in the
future may hold shares are (or will be) registered as unit investment
trusts under the 1940 Act or exempt from such registration
(individually, a ``Separate Account'' and collectively, ``Separate
Accounts''). Insurance companies whose Separate Account(s) may now or
in the future own shares are referred to herein as ``Participating
Insurance Companies.''
    3. Applicants propose that the Funds be permitted to offer and/or
sell shares to Separate Accounts funding Variable Contracts issued by
Participating Insurance Companies. Applicants represent that the
Participating Insurance Companies at the time of their investment in
the Funds either have or will establish their own Separate Accounts and
design their own Variable Contracts. Each Participating Insurance
Company has or will have the legal obligation of satisfying all
applicable requirements under both state and

federal law. Applicants represent that each Participating Insurance
Company, on behalf of its Separate Accounts, has or will enter into an
agreement with the Funds concerning such Participating Insurance
Company's participation in the relevant Portfolio (a ``Participation
Agreement''). The role of the Funds under this agreement, insofar as
the federal securities laws are applicable, will consist of, among
other things, offering shares of the Portfolios to the participating
Separate Accounts and complying with any conditions that the Commission
may impose.
    4. Applicants propose that the Funds be permitted to offer and/or
sell Shares to Qualified Plans. section 817(h) of the Internal Revenue
Code of 1986, as amended (the ``Code''), imposes certain
diversification standards on the assets underlying Variable Contracts,
such as those in each Portfolio. The Code provides that Variable
Contracts will not be treated as annuity contracts or life insurance
contracts for any period (or any subsequent period) for which the
underlying assets are not, in accordance with regulations issued by the
Treasury Department (individually, a ``Treasury Regulation'' and
collectively the ``Treasury Regulations''), adequately diversified.
section 817(h) of the Code and the Regulations thereunder provide, in
general, that the ability to look through to the assets of an
underlying fund in applying the diversification test is only available
if all of the beneficial interests in the investment company are held
by the segregated asset accounts of one or more insurance companies.
However, the Regulations contain certain exceptions to this
requirement, one of which allows shares in an underlying mutual fund to
be held by the trustees of a qualified pension or retirement plan
without adversely affecting the tax status of Variable Contracts.
(Treas. Reg. 1.817-5(f)(3)(iii)). Applicants represent that as a result
of this exception to the general diversification requirement, shares of
the Portfolios sold to the Qualified Plans would be held by the
trustees of such Qualified Plans as required by section 403(a) of the
Employee Retirement Income Security Act, as amended (``ERISA'').
    5. Applicants also propose that the Funds be permitted to offer
and/or sell shares to DMC Entities for the purpose of providing initial
capital to a Fund and to General Accounts. The Regulations permit sales
of Portfolio shares to General Accounts and DMC Entities so long as the
return on shares held by each is computed in the same manner as for
shares held by a Separate Account, and the General Accounts and DMC
Entities do not intend to sell shares of the Portfolio held by it to
the Public. The Regulations impose an additional restriction on sales
to investment advisers, who may hold shares only in connection with the
creation of the Portfolio. Applicants anticipate that sales in reliance
on these provisions of the Regulations will be made to DMC Entities for
purposes of providing the initial capital for a Fund and that any
Portfolio shares purchased by DMC Entities will be redeemed immediately
if and when a DMC Entity no longer serves as an investment adviser to
such Portfolio.

Applicants' Legal Analysis

    1. In connection with the funding of scheduled premium variable
life insurance contracts issued through a Separate Account registered
as a unit investment trust (``UIT'') under the 1940 Act, Rule 6e-
2(b)(15) provides partial exemptions from sections 9(a), 13(a), 15(a)
and 15(b) of the 1940 Act. Section 9(a)(2) of the 1940 Act makes it
unlawful for any company to serve as an investment adviser or principal
underwriter of any UIT, if an affiliated person of that company is
subject to a disqualification enumerated in section 9(a)(1) or (2) of
the 1940 Act. Sections 13(a), 15(a) and 15(b) of the 1940 Act have been
deemed by the Commission to require ``pass-through'' voting with
respect to an underlying investment company's shares. Rule 6e-2(b)(15)
provides these exemptions apply only where all of the assets of the UIT
are shares of management investment companies ``which offer their
shares exclusively to variable life insurance separate accounts of the
life insurer or of any affiliated life insurance company.'' Therefore,
the relief granted by Rule 6e-2(b)(15) is not available with respect to
a scheduled premium life insurance Separate Account that owns shares of
an underlying fund that also offers its shares to a variable annuity
Separate Account or flexible premium variable life insurance Separate
Account of the same company or any other affiliated insurance company.
The use of a common management investment company as the underlying
investment vehicle for both variable annuity and variable life
insurance separate accounts of the same life insurance company or of
any affiliated life insurance company is referred to herein as ``mixed
funding.''
    2. The relief granted by Rule 6e-2(b)(15) also is not available
with respect to a scheduled premium variable life insurance Separate
Account that owns shares of an underlying fund that also offers its
shares to Separate Accounts funding Variable Contracts of one or more
unaffiliated life insurance companies. The use of a common management
investment company as the underlying investment vehicle for variable
annuity and/or variable life insurance Separate Accounts of
unaffiliated life insurance companies is referred to herein as ``shared
funding.''
    3. The relief under Rule 6e-2(b)(15) is available only where shares
are offered exclusively to variable life insurance Separate Accounts of
a life insurer or any affiliated life insurance company; additional
exemptive relief is necessary if the shares of the Portfolios are also
to be sold to Qualified Plans, DMC Entities and General Accounts
(collectively ``Eligible Purchasers''). Applicants note that if shares
of the Portfolios are sold only to Qualified Plans, exemptive relief
under Rule 6e-2 would not be necessary. The relief provided for under
this section does not relate to Qualified Plans or to a registered
investment company's ability to sell its shares to Qualified Plans. The
use of a common management investment company as the underlying
investment vehicle for variable annuity and variable life Separate
Accounts of affiliated and unaffiliated insurance companies, and for
Qualified Plans, is referred to herein as ``extended mixed and shared
funding.''
    4. In connection with flexible premium variable life insurance
contracts issued through a separate account registered under the 1940
Act as a UIT, Rule 6e-3(T)(b)(15) provides partial exemptions from
sections 9(a), 13(a), 15(a) and 15(b) of the 1940 Act. The exemptions
granted by Rule 6e-3(T)(b)(15) are available only where all the assets
of the Separate Account consist of the shares of one or more registered
management investment companies that offer to sell their shares
``exclusively to separate accounts of the life insurer, or of any
affiliated life insurance companies, offering either scheduled
contracts or flexible contracts, or both; or which also offer their
shares to variable annuity separate accounts of the life insurer or of
an affiliated life insurance company or which offer their shares to any
such life insurance company in consideration solely for advances made
by the life insurer in connection with the operation of the separate
account.'' Therefore, Rule 6e-3(T)(b)(15) permits mixed funding but
does not permit shared funding.
    5. Because the relief under Rule 6e-3(T) is available only where
shares are offered exclusively to variable life insurance separate
accounts of a life insurer or any affiliated life insurance

company, additional exemptive relief is necessary if the shares of the
Portfolios are also to be sold to Eligible Purchasers, as described
above. Applicants note that if shares of the Portfolios were sold only
to Qualified Plans, exemptive relief under Rule 6e-3(T)(b)(15) would
not be necessary. The relief provided for under this section does not
relate to Qualified Plans or to a registered investment company's
ability to sell its shares to Qualified Plans.
    6. Applicants maintain, as discussed below, that there is no policy
reason for the sale of the Portfolios' shares to Eligible Purchasers to
result in a prohibition against, or otherwise limit a Participating
Insurance Company from relying on the relief provided by Rules 6e-
2(b)(15) and 6e-3(T)(b)(15). However, because the relief under Rules
6e-2(b)(15) and 6e-3(T)(b)(15) is available only when shares are
offered exclusively to Separate Accounts, additional exemptive relief
may be necessary if the shares of the Portfolios are also to be sold to
Eligible Purchasers. Applicants therefore request relief in order to
have the Participating Insurance Companies enjoy the benefits of the
relief granted in Rules 6e-2(b)(15) and 6e-3(T)(b)(15). Applicants note
that if the Portfolios' shares were to be sold only to Eligible
Purchasers and/or Separate Accounts funding variable annuity contracts,
exemptive relief under Rule 6e-2 and Rule 6e-3(T) would be unnecessary.
The relief provided for under Rules 6e-2(b)(15) and 6e-3(T)(b)(15) does
not relate to Qualified Plans, DMC Entities, or General Accounts, or to
a registered investment company's ability to sell its shares to such
purchasers.
    7. Consistent with the Commission's authority under section 6(c) of
the 1940 Act to grant exemptive orders to a class or classes of persons
and transactions, the Application requests relief for the class
consisting of Participating Insurance Companies and their Separate
Accounts that will invest in the Portfolios, and, to the extent
necessary, Qualified Plans, investment advisers, principal underwriters
and depositors of such Separate Accounts.
    8. In effect, the partial relief granted in Rules 6e-2(b)(15) and
6e-3(T)(b)(15) under the 1940 Act from the requirements of section 9 of
the 1940 Act limits the amount of monitoring necessary to ensure
compliance with section 9 to that which is appropriate in light of the
policy and purposes of section 9. Those rules recognize that it is not
necessary for the protection of investors or the purposes fairly
intended by the policy and provisions of the 1940 Act to apply the
provisions of section 9(a) to individuals in a large insurance company
complex, most of whom will have no involvement in matters pertaining to
investment companies in that organization. Applicants assert that the
Participating Insurance Companies and Qualified Plans are not expected
to play any role in the management of the Funds and that those
individuals who participate in the management of the Funds will remain
the same regardless of which Separate Accounts or Qualified Plans
invest in the Funds. Applicants argue that applying the monitoring
requirements of section 9(a) of the 1940 Act because of investment by
separate accounts of other insurers or Qualified Plans would be
unjustified, would not serve any regulatory purpose and monitoring
costs could reduce the net rates of return realized by contract owners
due to the increased monitoring costs.
    9. Rules 6e-2(b)(15)(iii) and 6e-3(T)(b)(15)(iii) under the 1940
Act provide exemptions from the pass-through voting requirement with
respect to several significant matters, assuming the limitations on
mixed and shared funding are observed. Rules 6e-2(b)(15)(iii)(A) and
6e-3(T)(b)(15)(iii)(A) provide that the insurance company may disregard
the voting instructions of its contract owners with respect to the
investments of an underlying fund, or any contract between such a fund
and its investment adviser, when required to do so by an insurance
regulatory authority (subject to the provisions of paragraphs (b)(5)(i)
and (b)(7)(ii)(A) of Rules 6e-2 and 6e-3(T), respectively, under the
1940 Act). Rules 6e-2(b)(15)(iii)(B) and 6e-3(T)(b)(15)(iii)(A)(2)
provide that the insurance company may disregard the voting
instructions of its contract owners if the contract owners initiate any
change in an underlying fund's investment policies, principal
underwriter, or any investment adviser (provided that disregarding such
voting instructions is reasonable and subject to the other provisions
of paragraphs (b)(5)(ii), (b)(7)(ii)(B), and (b)(7)(ii)(C),
respectively, of Rules 6e-2 and 6e-3(T) under the 1940 Act).
    10. Rule 6e-2 under the 1940 Act recognizes that a variable life
insurance contract, as an insurance contract, has important elements
unique to insurance contracts and is subject to extensive state
regulation of insurance. In adopting Rule 6e-2(b)(15)(iii), the
Commission expressly recognized that state insurance regulators have
authority, pursuant to state insurance laws or regulations, to
disapprove or require changes in investment policies, investment
advisers, or principal underwriters. The Commission also expressly
recognized that state insurance regulators have authority to require an
insurer to draw from its general account to cover costs imposed upon
the insurer by a change approved by contract owners over the insurer's
objection. The Commission, therefore, deemed such exemptions necessary
``to assure the solvency of the life insurer and performance of its
contractual obligations by enabling an insurance regulatory authority
or the life insurer to act when certain proposals reasonably could be
expected to increase the risks undertaken by the life insurer.'' In
this respect, flexible premium variable life insurance contracts are
identical to scheduled premium variable life insurance contracts.
Applicants, therefore, assert that the corresponding provisions of Rule
6e-3(T) under the 1940 Act undoubtedly were adopted in recognition of
the same factors.
    11. Applicants also assert that the sale of Shares to Qualified
Plans, the Investment Manager and General Accounts will not have any
impact on the relief requested. With respect to the Qualified Plans,
which are not registered as investment companies under the 1940 Act,
shares of a portfolio of a fund sold to a Qualified Plan must be held
by the trustees of the Qualified Plan pursuant to section 403(a) of the
Employee Retirement Income Security Act, as amended (``ERISA'').
Applicants note that (1) section 403(a) of ERISA endows Qualified Plan
trustees with the exclusive authority and responsibility for voting
proxies provided neither of two enumerated exceptions to that provision
applies; (2) some of the Qualified Plans, may provide for the
trustee(s), an investment adviser (or advisers), or another named
fiduciary to exercise voting rights in accordance with instructions
from participants; and (3) there is no requirement to pass through
voting rights to Qualified Plan participants.
    12. Applicants argue that an Investment Manager and General
Accounts are similar in that they are not subject to any pass-through
voting requirements. Applicants therefore conclude that, unlike the
case with insurance company Separate Accounts, the issue of resolution
of material irreconcilable conflicts with respect to voting is not
present with Eligible Purchasers.
    13. Applicants represent that where a Qualified Plan does not
provide participants with the right to give voting instructions, the
trustee or named fiduciary has responsibility to vote the shares held
by the Qualified Plan in the

best interest of the Qualified Plan participants. Accordingly,
Applicants argue that even if DMC or an affiliate of DMC were to serve
in the capacity of trustee or named fiduciary with voting
responsibilities, DMC or the affiliates would have a fiduciary duty to
vote those shares in the best interest of the Qualified Plan
participants.
    14. Further, Applicants assert that even if a Qualified Plan were
to hold a controlling interest in a Portfolio, Applicants do not
believe that such control would disadvantage other investors in such
Portfolio to any greater extent than is the case when any institutional
shareholder holds a majority of the voting securities of any open-end
management investment company. In this regard, Applicants submit that
investment in a Portfolio by a Qualified Plan will not create any of
the voting complications occasioned by mixed funding or shared funding.
Unlike mixed funding or shared funding, Applicants argue that Qualified
Plan investor voting rights cannot be frustrated by veto rights of
insurers or state regulators.
    15. Where a Qualified Plan provides participants with the right to
give voting instructions, Applicants see no reason to believe that
participants in Qualified Plans generally or those in a particular
Qualified Plan, either as a single group or in combination with
participants in other Qualified Plans, would vote in a manner that
would disadvantage Variable Contract holders. Applicants assert that
the purchase of Shares by Qualified Plans that provide voting rights
does not present any complications not otherwise occasioned by mixed or
shared funding.
    16. Applicants do not believe that sale of the shares of the
Portfolios to Qualified Plans will increase the potential for material
irreconcilable conflicts of interest between or among different types
of investors. In particular, Applicants see very little potential for
such conflicts beyond those which would otherwise exist between
variable annuity and variable life insurance contract owners.
    17. Unlike the circumstances of many investment companies that
serve as underlying investment media for variable insurance products,
the Fund may be deemed to lack an insurance company ``promoter'' for
purposes of Rule 14a-2 under the 1940 Act. Accordingly, the Fund and
any other such Future Funds or Portfolios that are established as new
registrants will be subject to the requirements of section 14(a) of the
1940 Act, which generally requires that an investment company have a
net worth of $100,000 upon making a public offering of its shares.
Portfolios also will require more limited amounts of initial capital in
connection with the creation of new series and the voting of initial
shares of such series on matters requiring the approval of
shareholders. A potential source of the requisite initial capital is a
Portfolio's adviser or a Participating Insurance Company. Either of
these parties may have an interest in making the requisite capital
investments. Applicants note, however, that the provision of initial
capital may be deemed to violate the exclusivity requirement of Rule
6e-2(b)(15) and/or Rule 6e-3(T)(b)(15).
    18. Given the conditions of Treas. Reg. 1.817-5(f)(3) and the
harmony of interest between a Portfolio, on the one hand, and DMC
Entities or a Participating Insurance Company, on the other, Applicants
assert that little incentive for overreaching exists. Applicants
further assert that such investment should not implicate the concerns
discussed above regarding the creation of material irreconcilable
conflicts. Instead, Applicants argue that permitting investment by DMC
Entities or Participating Insurance Companies' General Accounts will
permit the orderly and efficient creation of the Funds or series
thereof, and reduce the expense and uncertainty of using outside
parties at the early stages of Portfolio operations.

Applicants' Conditions

    Applicants agree that the order granting the requested relief shall
be subject to the following conditions:
    1. A majority of the Board of Trustees (the ``Board'') of the Fund
will consist of persons who are not ``interested persons'' of the Fund,
as defined by section 2(a)(19) of the 1940 Act, and the rules
thereunder, and as modified by any applicable orders of the Commission,
except that if this condition is not met by reason of the death,
disqualification, or bona-fide resignation of any trustee or trustees,
then the operation of this condition will be suspended: (a) For a
period of 90 days if the vacancy or vacancies may be filled by the
Board; (b) for a period of 150 days if a vote of shareholders is
required to fill the vacancy or vacancies; or (c) for such longer
period as the Commission may prescribe by order upon application or by
future rule.
    2. The Board will monitor the Fund for the existence of any
material irreconcilable conflict between the interests of the contract
owners of all Separate Accounts and participants of all Qualified Plans
investing in the Fund, and determine what action, if any should be
taken in response to such conflicts. A material irreconcilable conflict
may arise for a variety of reasons, including: (a) An action by any
state insurance regulatory authority; (b) a change in applicable
federal or state insurance, tax, or securities laws or regulations, or
a public ruling, private letter ruling, no-action or interpretative
letter, or any similar action by insurance, tax, or securities
regulatory authorities; (c) an administrative or judicial decision in
any relevant proceeding; (d) the manner in which the investments of the
Fund are being managed; (e) a difference in voting instructions given
by variable annuity contract owners, variable life insurance contract
owners, and trustees of the Qualified Plans; (f) a decision by a
Participating Insurance Company to disregard the voting instructions of
contract owners; or (g) if applicable, a decision by a Qualified Plan
to disregard the voting instructions of Qualified Plan participants.
    3. Participating Insurance Companies (on their own behalf, as well
as by virtue of any investment of general account assets in a
Portfolio), DMC Entities, and any trustee on behalf of a Qualified Plan
that executes a Participation Agreement upon becoming an owner of 10
percent or more of the assets of any Portfolio (collectively,
``Participants'') will report any potential or existing conflicts to
the Board. Participants will be responsible for assisting the Board in
carrying out the Board's responsibilities under these conditions by
providing the Board with all information reasonably necessary for the
Board to consider any issues raised. This responsibility includes, but
is not limited to, an obligation of each Participating Insurance
Company to inform the Board whenever contract owner voting instructions
are disregarded, and, if pass-through voting is applicable, an
obligation of each of the trustees on behalf of a Qualified Plan to
inform the Board whenever it has determined to disregard Qualified Plan
participant voting instructions. The responsibility to report such
information and conflicts, and to assist the Board, will be a
contractual obligation of all Participating Insurance Companies under
their Participation Agreements with the Fund, and these
responsibilities will be carried out with a view only to the interests
of the contract owners. The responsibility to report such information
and conflicts, and to assist the Board, also will be contractual
obligations of all Qualified Plans under their Participation
Agreements, and such agreements will provide that these
responsibilities will

be carried out with a view only to the interests of Qualified Plan
participants.
    4. If it is determined by a majority of the Board or a majority of
the disinterested trustees of the Board, that a material irreconcilable
conflict exists, then the relevant Participant will, at its expense and
to the extent reasonably practicable (as determined by a majority of
the disinterested trustees), take whatever steps are necessary to
remedy or eliminate the material irreconcilable conflict, up to and
including: (a) Withdrawing the assets allocable to some or all of the
Separate Accounts from the relevant Portfolio and reinvesting such
assets in a different investment vehicle including another Portfolio,
or in the case of a Participating Insurance Company Participant
submitting the question as to whether such segregation should be
implemented to a vote of all affected contract owners and, as
appropriate, segregating the assets of any appropriate group (i.e.,
annuity contract owners or life insurance contract owners of one or
more Participating Insurance Companies) that votes in favor of such
segregation, or offering to the affected contract owners the option of
making such a change; and (b) establishing a new registered management
investment company or managed separate account. If a material
irreconcilable conflict arises because of a decision by a Participating
Insurance Company to disregard contract owner voting instructions, and
that decision represents a minority position or would preclude a
majority vote, then the insurer may be required, at the election of the
Fund, to withdraw such insurer's Separate Account's investment in the
Fund, and no charge or penalty will be imposed as a result of such
withdrawal. If a material irreconcilable conflict arises because of a
Qualified Plan's decision to disregard Qualified Plan participant
voting instructions, if applicable, and that decision represents a
minority position or would preclude a majority vote, the Qualified Plan
may be required, at the election of the Fund, to withdraw its
investment in the Fund, and no charge or penalty will be imposed as a
result of such withdrawal. The responsibility to take remedial action
in the event of a Board determination of a material irreconcilable
conflict and to bear the cost of such remedial action will be a
contractual obligation of all Participants under their agreements
governing participation in the Fund, and these responsibilities will be
carried out with a view only to the interests of contract owners and
Qualified Plan participants.
    For purposes of this Condition 4, a majority of the disinterested
members of the Board Fund will determine whether or not any proposed
action adequately remedies any material irreconcilable conflict, but,
in no event will the Fund, DMC or an affiliate of DMC, as relevant, be
required to establish a new funding vehicle for any Variable Contract.
No Participating Insurance Company will be required by this Condition 4
to establish a new funding vehicle for any Variable Contract if any
offer to do so has been declined by vote of a majority of the contract
owners materially and adversely affected by the material irreconcilable
conflict. Further, no Qualified Plan will be required by this Condition
4 to establish a new funding vehicle for the Qualified Plan if: (a) A
majority of the Qualified Plan participants materially and adversely
affected by the irreconcilable material conflict vote to decline such
offer, or (b) pursuant to documents governing the Qualified Plan, the
Qualified Plan makes such decision without a Qualified Plan participant
vote.
    5. The Board's determination of the existence of a material
irreconcilable conflict and its implications will be made known in
writing promptly to all Participants.
    6. As to Variable Contracts issued by Separate Accounts registered
under the 1940 Act, Participating Insurance Companies will provide
pass-through voting privileges to all Variable Contract owners as
required by the 1940 Act as interpreted by the Commission. However, as
to Variable Contracts issued by unregistered Separate Accounts, pass-
through voting privileges will be extended to contract owners to the
extent granted by the issuing insurance company. Accordingly, such
Participants, where applicable, will vote shares of the applicable
Portfolio held in their Separate Accounts in a manner consistent with
voting instructions timely received from Variable Contract owners.
Participating Insurance Companies will be responsible for assuring that
each Separate Account investing in a Portfolio calculates voting
privileges in a manner consistent with other Participants.
    The obligation to calculate voting privileges as provided in the
Application will be a contractual obligation of all Participating
Insurance Companies under their agreement with the Funds governing
participation in a Portfolio. Each Participating Insurance Company will
vote shares for which it has not received timely voting instructions,
as well as shares held in its General Account or otherwise attributed
to it, in the same proportion as it votes those shares for which it has
received voting instructions. Each Qualified Plan will vote as required
by applicable law and governing Qualified Plan documents.
    7. As long as the 1940 Act requires pass-through voting privileges
to be provided to variable contract owners, DMC Entities and any
General Account will vote its shares of any Portfolio in the same
proportion as all variable contract owners having voting rights with
respect to that Portfolio; provided, however, that DMC Entities or any
insurance company General Account shall vote its shares in such other
manner as may be required by the Commission or its staff.
    8. The Fund will comply with all provisions of the 1940 Act
requiring voting by shareholders, which for these purposes, shall be
the persons having a voting interest in the shares of the respective
Portfolio, and, in particular, the Fund will either provide for annual
meetings (except to the extent that the Commission may interpret
section 16 of the 1940 Act not to require such meetings) and will
comply with section 16(a) of the 1940 Act, section 16(c) of the 1940
Act (although the Fund is not one of those trusts of the type described
in section 16(c) of the 1940 Act) and, if and when applicable, section
16(b) of the 1940 Act. Further, the Fund will act in accordance with
the Commission's interpretation of the requirements of section 16(a)
with respect to periodic elections of directors/trustees and with
whatever rules the Commission may promulgate with respect thereto.
    9. A Portfolio will make its shares available under Variable
Contracts and to Qualified Plans at or about the same time it accepts
any seed capital from DMC Entities or a General Account of a
Participating Insurance Company.
    10. The Fund will notify all Participants that Separate Account
prospectus disclosure or Qualified Plan prospectuses or other Qualified
Plan disclosure documents regarding potential risks of mixed and shared
funding may be appropriate. The Fund will disclose in its prospectus
that (a) shares of the Fund may be offered to Separate Accounts of both
variable annuity and variable life insurance contracts and, if
applicable, to Qualified Plans; (b) due to differences in tax treatment
and other considerations, the interests of various contract owners
participating in the Fund and the interests of Qualified Plans
investing in the Fund, if applicable, may conflict; and (c) the Fund's
Board will monitor events in order to identify the existence of any
material irreconcilable conflicts

and to determine what action, if any, should be taken in response to
any such conflict.
    11. If and to the extent that Rule 6e-2 and Rule 6e-3(T) under the
1940 Act are amended, or proposed Rule 6e-3 under the 1940 Act is
adopted, to provide exemptive relief from any provision of the 1940
Act, or the rules promulgated thereunder, with respect to mixed or
shared funding, on terms and conditions materially different from any
exemptions granted in the order requested in the Application, then the
Fund and/or Participating Insurance Companies, as appropriate, shall
take such steps as may be necessary to comply with Rules 6e-2 and 6e-
3(T), or Rule 6e-3, as such rules are applicable.
    12. The Participants, at least annually, will submit to the Board
such reports, materials, or data as a Board reasonably may request so
that the trustees of the Board may fully carry out the obligations
imposed upon the Board by the conditions contained in the Application.
Such reports, materials, and data will be submitted more frequently if
deemed appropriate by the Board. The obligations of the Participants to
provide these reports, materials, and data to the Board, when it so
reasonably requests, will be a contractual obligation of all
Participants under their agreements governing participation in the
Portfolios.
    13. All reports of potential or existing conflicts received by the
Board, and all Board action with regard to determining the existence of
a conflict, notifying Participants of a conflict, and determining
whether any proposed action adequately remedies a conflict, will be
properly recorded in the minutes of the Board or other appropriate
records, and such minutes or other records shall be made available to
the Commission upon request.
    14. The Fund will not accept a purchase order from a Qualified Plan
if such purchase would make the Qualified Plan shareholder an owner of
10 percent or more of the assets of a Portfolio unless the Trustees of
such Qualified Plan execute an agreement with the Fund governing
participation in such Portfolio that includes the conditions set forth
herein to the extent applicable. The Trustees of a Qualified Plan will
execute an application containing an acknowledgment of this condition
at the time of its initial purchase of shares of any Portfolio.

Conclusions

    Applicants submit that, for the reasons summarized above and to the
extent necessary or appropriate to provide for the transactions
described herein, the requested exemptions from sections 9(a), 13(a),
15(a), and 15(b) of the 1940 Act and Rules 6e-2(b)(15) and 6e-
3(T)(b)(15) thereunder, in accordance with the standards of section
6(c) of the 1940 Act, are in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the 1940 Act.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-14028 Filed 7-19-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Proposed Rules]
[Pages 61070-61071]
[FR Doc No: 2011-25102]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 206

[Docket ID FEMA-2011-0004]
RIN 1660-AA02;Formerly 3067-AC69

Disaster Assistance; Hazard Mitigation Grant Program

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: On May 1, 1998, the Federal Emergency Management Agency (FEMA)
published a Notice of Proposed Rulemaking (NPRM) to revise the
categories of projects eligible for funding under the Hazard Mitigation
Grant Program (HMGP). The NPRM proposed to define eligible mitigation
activities under the HMGP to include minor flood control projects that
do not duplicate the efforts and authorities of other Federal agencies.
It proposed to include vegetation management programs for wildfire
hazard mitigation and erosion hazard mitigation in the list of eligible
activities; it proposed to remove development or improvement of warning
systems from the list of eligible project types; and modified language
relating to general, allowable open space, recreational, and wetlands
management uses. FEMA is withdrawing the NPRM so that relevant issues
involved in the NPRM may be further considered and because portions of
it are redundant or outdated.

DATES: The Notice of Proposed Rulemaking published on May 1, 1998 (63
FR 24143), is withdrawn as of October 3, 2011.

ADDRESSES: The Notice of Proposed Rulemaking and this withdrawal notice
may be found under Docket ID: FEMA-2011-0004 and are available online
by going to http://www.regulations.gov, inserting FEMA-2011-0004 in the
``Keyword'' box, and then clicking ``Search.'' The Docket is also
available for inspection or copying at FEMA, 500 C Street, SW., Room
840, Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Cecelia Rosenberg, Federal Insurance
and Mitigation, DHS/FEMA, 1800 South Bell Street, Arlington, VA 20598-
3015. Phone:<PHONE_NUMBER>. Facsimile:<PHONE_NUMBER>. E-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Authorized by section 404 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5170c, the
Hazard Mitigation Grant Program (HMGP) provides States, Tribes, and
local governments financial assistance to implement measures that
permanently reduce or eliminate future damages and losses from natural
hazards.
    The HMGP regulations at 44 CFR part 206, subpart N, address the
eligibility of multi-hazard mitigation projects through a list of
general eligibility criteria: a project must be cost-effective, be
environmentally sound, must address a repetitive problem, and must
contribute to a long-term solution. Further, HMGP funds cannot be used
to fund projects that are available under other Federal authorities.
The regulations also provide a list of eligible types of projects. The
project-type listing is not all-inclusive. FEMA published a Notice of
Proposed Rulemaking (NPRM) (63 FR 24143, May 1, 1998) proposing the
following revisions to the HMGP regulations.

Minor Flood Control Projects

    Under the NPRM, minor flood control projects that do not duplicate
the flood prevention activities of other Federal agencies would be
eligible for HMGP

funding. Major flood control projects, such as dikes, levees, dams,
channelization, channel widening, stream realignment, seawalls, groins,
and jetties, would be distinguished from minor flood control
activities. Typically, funding for major flood control projects would
fall under the water resources design and construction authorities of
the U.S. Army Corps of Engineers and the Natural Resources Conservation
Service of the U.S. Department of Agriculture.

Wildfire and Erosion

    Under the NPRM, vegetation management related to wildfire and
erosion hazard mitigation measures would be eligible for HMGP funding.
This would reflect FEMA's multi-hazard HMGP objectives and priorities
authorized by section 404 of the Stafford Act.

Warning Systems

    The NPRM sought to minimize an emphasis on warning systems by
removing them from the list of eligible projects. This was due to
benefit/cost considerations. The benefits of some hazard mitigation
project types can be difficult to show using FEMA's conventional
benefit/cost calculation methodology. Because of this in certain
circumstances FEMA will allow applicants to demonstrate project cost-
effectiveness using means other than the conventional benefit/cost
methodology. The NPRM proposed to remove warning systems from the
example list of eligible project types because the project type does
not lend itself to use of the conventional benefit/cost methodology.

Allowable Open Space Uses

    The NPRM proposed a revision to the list of allowable open space
uses for previously funded and acquired open space land by replacing
the word ``previous'' (which was actually a typo in the regulation that
should have been ``pervious'') with the more widely familiar term of
permeable.

II. Summary of Comments

    FEMA received 12 comments on the NPRM from State and local
governments. Several commenters had reservations about the NPRM's
possible effects on the eligibility of certain flood control projects
because these projects were viewed as good hazard mitigation activities
that should be funded by FEMA. Some commenters expressed concern
regarding the term ``minor flood control'' and the criteria used to
define it. Two commenters were concerned that major flood control
projects may become ineligible due to concerns of duplicating other
Federal assistance, and were concerned about the applicability of this
rationale to the practice of partnering with other Federal agencies.
One commenter urged FEMA to recognize the importance of allowing HMGP
funding to be used for mitigation activities related to facilities that
would be regarded as major structural flood control facilities.
    One commenter expressed support for the wildfire and erosion
vegetation management provisions in the NPRM, and was concerned that
vegetation management activities were not extended to other project
types. Another commenter expressed concern that wildfire and erosion
vegetation provisions may conflict with other pre-existing regulatory
requirements.
    Two commenters expressed dissatisfaction with the NPRM's removal of
warning systems from the list of ``traditionally'' eligible HMGP
activities.
    One commenter requested consideration of allowable open space
activities beyond the scope of the NPRM.

III. Reason for Withdrawal

    FEMA is withdrawing the NPRM so that relevant issues involved in
the NPRM may be further considered and because portions of it are
redundant. The definition of minor flood control projects is being
examined in greater detail relative to the HMGP eligibility criteria of
the regulations at 44 CFR 206.434(c). Further, the distinction that
minor flood control projects not duplicate the activities of other
Federal agencies is redundant because the existing program regulations,
at 44 CFR 206.434(f), clearly state that HMGP funds cannot be used as a
substitute or replacement to fund projects or programs that are
available under other Federal authorities. Therefore, to state the
requirement again is redundant, and to highlight it for minor flood
control projects over other project types may lead to some confusion
regarding its applicability to all project types.
    FEMA considers the other provisions of the NPRM to be outdated.
Eligibility considerations of vegetation management are addressed
through FEMA's existing HMGP regulations identifying general
eligibility considerations, and there is no significant benefit derived
from listing them specifically. Removing warning systems from the list
of eligible projects could create the impression that they are not
eligible for funding.
    The remaining proposed revision, to replace the word ``previous''
(a typo for ``pervious'') with ``permeable'' is not sufficient reason
for continuing the NPRM as the original word and the word proposed to
replace it mean essentially the same thing.

IV. Conclusion

    FEMA is withdrawing the May 1, 1998 NPRM for the reasons stated in
this notice.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-25102 Filed 9-30-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Proposed Rules]
[Pages 63601-63602]
[FR Doc No: 2018-26677]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0990; Airspace Docket No. 18-AGL-13]
RIN 2120-AA66

Proposed Amendment of VOR Federal Airways V-128 and V-144 in the
Vicinity of Kankakee, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend VHF Omnidirectional Range (VOR)
Federal airways V-128 and V-144 in the vicinity of Kankakee, IL. The
modifications are necessary due to the planned decommissioning of the
Kankakee, IL (IKK), VOR navigation aid (NAVAID), which provides
navigation guidance for portions of the affected air traffic service
(ATS) routes. The Kankakee VOR is being decommissioned as part of the
FAA's VOR Minimum Operational Network (MON) program.

DATES: Comments must be received on or before January 25, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0990; Airspace Docket No. 18-AGL-13 at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the National Airspace System as necessary
to preserve the safe and efficient flow of air traffic.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2018-0990; Airspace Docket No. 18-AGL-13) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2018-0990; Airspace Docket No. 18-AGL-13.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking

documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Central
Service Center, Federal Aviation Administration, 10101 Hillwood Blvd.,
Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Background

    The FAA is planning decommissioning activities for the Kankakee, IL
(IKK), VOR in 2019 as one of the candidate VORs identified for
discontinuance by the FAA's VOR MON program and listed in the final
policy statement notice, ``Provision of Navigation Services for the
Next Generation Air Transportation System (NextGen) Transition to
Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum
Operational Network),'' published in the Federal Register of July 26,
2016 (81 FR 48694), Docket No. FAA-2011-1082. Although the VOR portion
of the Kankakee, IL, VOR/Distance Measuring Equipment (DME) NAVAID is
planned for decommissioning, the DME portion is being retained. The ATS
routes impacted by the Kankakee VOR are VOR Federal airways V-128 and
V-144.
    With the planned decommissioning of the Kankakee VOR, the remaining
ground-based NAVAID coverage in the area is insufficient to enable the
continuity of the affected airways. As such, proposed modifications to
V-128 and V-144 would result in the airways starting at the next NAVAID
beyond the Kankakee VOR to avoid establishing gaps in the route
structures. To overcome the loss of the airway segments proposed to be
removed, instrument flight rules (IFR) traffic could use adjacent VOR
Federal airways V-9, V-24, and V-227 between the Janesville, WI, VOR/
DME and the Brickyard, IN, VOR/Tactical Air Navigation (VORTAC) or VOR
Federal airways V-38 and V-156 between the Bradford, IL, VORTAC and the
Fort Wayne, IN, VORTAC to circumnavigate the affected area.
Additionally, IFR traffic could file point to point through the
affected area using fixes that will remain in place, or receive air
traffic control (ATC) radar vectors through the area. Visual flight
rules pilots who elect to navigate via the airways through the affected
area could also take advantage of the adjacent VOR Federal airways or
ATC services listed previously.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to modify VOR Federal airways V-128 and V-
144. The planned decommissioning of the Kankakee, IL, VOR has made
these actions necessary. The proposed VOR Federal airway changes are
outlined below.
    V-128: V-128 currently extends between the Janesville, WI, VOR/DME
and the Casanova, VA, VORTAC. The FAA proposes to remove the airway
segment between the Janesville, WI, VOR/DME and the Brickyard, IN,
VORTAC. The unaffected portions of the existing airway would remain as
charted.
    V-144: V-144 currently extends between the Bradford, IL, VORTAC and
the Linden, VA, VOR/DME. The FAA proposes to remove the airway segment
between the Bradford, IL, VORTAC and the Fort Wayne, IN, VORTAC. The
unaffected portions of the existing airway would remain as charted.
    All radials in the route descriptions below are unchanged and
stated in True degrees.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
7400.11C dated August 13, 2018, and effective September 15, 2018, which
is incorporated by reference in 14 CFR 71.1. The VOR Federal airways
listed in this document would be subsequently published in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018 and
effective September 15, 2018, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-128 [Amended]

    From Brickyard, IN; INT Brickyard 137[deg] and Cincinnati, OH,
290[deg] radials; Cincinnati; York, KY; Charleston, WV; to Casanova,
VA.
* * * * *

V-144 [Amended]

    From Fort Wayne, IN; Appleton, OH; Zanesville, OH; Morgantown,
WV; Kessel, WV; to Linden, VA.

    Issued in Washington, DC, on December 3, 2018.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2018-26677 Filed 12-10-18; 8:45 am]
 BILLING CODE 4910-13-P


MEMORANDUM

Date:		August 15, 2007

Subject:	Conversation with American Road and Transportation Builders
Association (ARTBA)

From:		Laura Berry

		State Measures and Conformity Group, OTAQ

To:		Docket EPA-HQ-OAR-2006-0612

Today, my team member Astrid Larsen and I spoke with Nick Goldstein of
ARTBA.  Also on the phone call were Cecilia Ho and Emily Biondi of FHWA.
 The purpose of the call was to clarify ARTBA’s comments on the
provision proposed in this action that would allow DOT to make
categorical hot-spot findings for projects in CO areas.  ARTBA’s
comments are found at in the docket with document number
EPA-HQ-2006-0612-0031.  Mr. Goldstein clarified that ARTBA opposes the
requirement for hot-spot analyses in general, but given the requirement
exists, they want as much flexibility as possible.  Therefore they do
not object to the proposed flexibility to allow DOT to make categorical
hot-spot findings for projects in CO areas.