PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request: U. S. Environmental Protection Agency, Office of Solid Waste and Emergency Response, Chemical Emergency Preparedness and Planning Office 2. OMB control number b.

None a. 2050  0144 3. Type of information collection ( check one) a.

New collection b.

Revision of a currently approved collection c.

Extension of a currently approved collection d.

Reinstatement, without change, of a previously approved collection for which approval has expired e.

Reinstatement, with change, of a previously approved collection for which approval has expired f.

Existing collection in use without an OMB control number 4. Type of review requested ( check one) a.

Regular b.

Emergency  Approval requested by: / / c.

Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities?

Yes

No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. _ Three years from approval date b. X Other Specify: 10 / 31 / 2005 7. Title: Information Collection Requirements for Registration and Documentation of Risk Management Plans under Section 112( r) of the Clean Air Act ( Final Rule)

8. Agency form number( s) ( If applicable) ICR 1656.11 9. Keywords: Clean Air Act Amendments, Accidental Release Prevention, Registration, Documentation, Risk Management Plans, Risk Management Programs.

10. Abstract: Under Section 112r of the Clean Air Act, as amended, sources must register, document risk management programs, and submit risk management plans to EPA. The first submissions were received in early 1999. The next submissions for most facilities are due by June 21, 2004. EPA is revising the risk management program regulations ( codified in 40 CFR part 68) to add three data elements to the risk management plan, to modify the re submission schedule for those sources who have significant accidents and for those who change the information for the emergency contacts. EPA is also removing the requirement to discuss the off site consequence analysis in the executive summary of the RMP.

11. Affected public ( Mark primary with " P" and all others that apply with " X")

a. Individuals or households d. _ Farms b. P Business or other for profit e.

Federal Government c. Not for profit institutions f. X State Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a.

Voluntary b.

Required to obtain or retain benefits c.

Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 14,930 b. Total annual responses 4,976 1. Percentage of these responses collected electronically 99 % c. Total hours requested 130,803 d. Current OMB inventory 97,160 e. Difference 33,643 f. Explanation of difference 1. Program Change 33,643 2. Adjustment ____ __ 0_ 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 6 c. Total annualized cost requested 6 d. Current OMB inventory 6 e. Difference 0 f. Explanation of difference 1. Program change 0 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g.

Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a.

Recordkeeping b.

Third party disclosure c.

Reporting 1.

On occasion 2.

Weekly 3.

Monthly 4.

Quarterly 5.

Semi annually 6.

Annually 7.

Biannually 8.

Other ( describe) every 5 years 17. Statistical methods Does this information collection employ statistical methods?

Yes

No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Sicy Jacob Phone: 202 564 8019 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Doreen Sterling, Acting Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Notices]
[Pages 36915-36916]
[FR Doc No: 2019-16118]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC19-29-000]

Commission Information Collection Activities (FERC-550); Comment
Request Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Comment request.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-550 (Oil Pipeline Rates--Tariff Filings).

DATES: Comments on the collection of information are due by September
30, 2019.

ADDRESSES: You may submit comments (identified by Docket No. IC19-29-
000) by either of the following methods:
     eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-550, Oil Pipelines Rates--Tariff Filings.
    OMB Control No.: 1902-0089.
    Type of Request: Three-year extension of the FERC-550 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: FERC-550 is required to implement the sections of the
Interstate Commerce Act (ICA) (49 U.S.C. 1, et seq., 49 App. U.S.C. 1-
85). The Commission's regulatory jurisdiction over oil pipelines
includes:
     Regulation of rates and practices of oil pipeline
companies engaged in interstate transportation;
     establishment of equal service conditions to provide
shippers with equal access to pipeline transportation;
     establishment of reasonable rates for transporting
petroleum and petroleum products by pipeline.
    The filing requirements for oil pipeline tariffs and rates \1\ put
in place by the FERC-550 data collection provide the Commission with
the information it needs to analyze proposed tariffs, rates, fares, and
charges of oil pipelines and other carriers in connection with the
transportation of crude oil and petroleum products. The Commission uses
this information to determine whether the proposed tariffs and rates
are just and reasonable.
---------------------------------------------------------------------------

    \1\ 18 Code of Federal Regulations (CFR) Parts 341-348.
---------------------------------------------------------------------------

    Type of Respondent: Oil Pipelines.

    Estimate of Annual Burden: \2\ The Commission estimates the annual
public reporting burden and cost \3\ for the FERC-550 information
collection as follows:
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    \2\ ``Burden'' is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to 5 CFR 1320.3.
    \3\ The Commission staff thinks that the hourly cost (for wages
and benefits) for industry staff completing the FERC-550 is similar
to the cost of FERC employees. FERC staff estimates that industry
costs for salary plus benefits are similar to Commission costs. The
cost figure is the FY2019 FERC average annual salary plus benefits
($167,091/year or $80/hour).

                                  FERC-550--Oil Pipelines Rates--Tariff Filings
----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                           Annual number   Total number     Average burden      burden hours &       Cost per
  Number of respondents    of responses    of responses    hours & cost ($)    total annual cost  respondent ($)
                          per respondent        \4\          per response             ($)
(1)                                  (2)     (1) * (2) =  (4)...............  (3) * (4) = (5)...       (5) / (1)
                                                     (3)
----------------------------------------------------------------------------------------------------------------
219.....................            3.24             710  7 hrs.; $560......  4,970 hrs.;              $1,815.52
                                                                               $397,600.
----------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
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    \4\ This figure is rounded.

    Dated: July 23, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-16118 Filed 7-29-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: October 22, 2009 (Volume 74, Number 203)]
[Notices]
[Page 54601-54605]
[DOCID:fr22oc09-100]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28947; File No. 812-13432-02]

Pioneer Diversified High Income Trust, et al.; Notice of
Application

October 16, 2009.
AGENCY: Securities and Exchange Commission (``Commission'').

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

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Summary of Application: Applicants request an order to permit certain
closed-end investment companies to make periodic distributions of long-
term capital gains with respect to their outstanding common stock as
frequently as monthly in any one taxable year, and as frequently as
distributions are specified by or in accordance with the terms of any
outstanding preferred stock that such investment companies may issue.

Applicants: Pioneer Diversified High Income Trust, Pioneer Floating
Rate Trust, Pioneer High Income Trust (collectively, the ``Current
Funds'') and Pioneer Investment Management, Inc. (``PIM'').

DATES:  Filing Dates: The application was filed on October 2, 2007 and
amended on October 31, 2008, June 4, 2009 and October 14, 2009.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on November 9, 2009 and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090; Applicants, PIM, 60 State Street,
Boston, Massachusetts 02109-1820.

FOR FURTHER INFORMATION CONTACT: Laura J. Riegel, Senior Counsel, at
(202) 551-6873, or Marilyn Mann, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

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

Applicants' Representations

    1. Each Current Fund is a registered closed-end management
investment company organized as a Delaware statutory trust. Each
Current Fund (other than Pioneer Diversified High Income Trust) has
outstanding one class of common stock and three series of preferred
stock. Pioneer Diversified High Income Trust has outstanding one class
of common stock. Applicants believe that the shareholders of the
Current Funds may prefer an investment vehicle that provides regular/
monthly distributions and a steady cash flow through a fixed
distribution policy. Applicants request that the order apply to any
registered closed-end investment company that in the future is advised
by PIM (including any successor in

interest) \1\ or by an entity controlling, controlled by, or under
common control (within the meaning of section 2(a)(9) of the Act) with
PIM (any such entity or PIM, the ``Investment Adviser'') (such
investment companies, the ``Future Funds,'' and together with the
Current Funds, the ``Funds'').\2\
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    \1\ A successor in interest is limited to entities that result
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \2\ All existing registered closed-end investment companies that
currently intend to rely on the requested order are named as
applicants. Any Future Fund that relies on the order in the future
will comply with the terms and conditions of the order.
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    2. PIM is registered as an investment adviser under the Investment
Advisers Act of 1940. PIM is an indirect wholly-owned subsidiary of
UniCredit S.p.A, an Italian banking company and global services
organization.
    3. Applicants represent that prior to relying on the requested
order, the board of trustees (the ``Board'') of a Fund, including a
majority of the Board members who are not ``interested persons'' of
such Fund as defined in section 2(a)(19) of the Act (the ``Independent
Trustees''), shall have requested and considered, and the Investment
Adviser shall have provided, information regarding the purpose and
terms of a proposed distribution policy, the likely effects of such
distribution policy on the Fund's long-term total return (in relation
to market price and net asset value (``NAV'') per common share) and the
relationship between the Fund's distribution rate on its common shares
under the distribution policy and the Fund's total return (in relation
to NAV per share). Applicants state that the Independent Trustees of
each Fund also shall have considered what conflicts of interest the
Investment Adviser and the affiliated persons of the Investment Adviser
and each Fund might have with respect to the adoption or implementation
of such distribution policy. Applicants further state that after
considering such information the Board, including the Independent
Trustees, of each Fund shall approve a distribution policy with respect
to each Fund's common shares (a ``Plan'') and shall determine that Plan
is consistent with the relevant Fund's investment objectives and in the
best interests of such Fund's common shareholders.
    4. Applicants state that the purpose of each Plan would be to
permit a Fund to distribute, over the course of each year, through
periodic distributions as nearly equal as practicable and any required
special distributions, an amount closely approximating the total
taxable income of the Fund during such year and, if so determined by
its Board, all or a portion of the returns of capital paid by portfolio
companies to the Fund during such year. Applicants represent that the
Fund would distribute to its common shareholders a fixed monthly
percentage of the market price of the Fund's common shares at a
particular point in time or a fixed monthly percentage of NAV at
particular time or a fixed monthly amount under the Plan, any of which
percentage or amount may be adjusted from time to time. Applicants
state that the minimum annual distribution rate with respect to a
Fund's common shares under each Plan would be independent of the Fund's
performance during any particular period but would be expected to
correlate with the Fund's performance over time. Applicants explain
that each distribution on the common stock would be at the stated rate
then in effect, except for extraordinary distributions and potential
increases or decreases in the final distribution periods in light of
the Fund's performance for the entire calendar year and to enable the
Fund to comply with the distribution requirements of subchapter M of
the Internal Revenue Code of 1986 (the ``Code'') for the calendar year.
Applicants expect that over time the distributions with respect to a
Fund's common shares would correlate with that Fund's total return
plus, if applicable, distributions of capital received from such Fund's
portfolio companies.
    5. Applicants represent that, prior to the implementation of a
Plan, the Board of each Fund shall adopt policies and procedures under
rule 38a-1 under the Act that are reasonably designed to ensure that
all notices sent to shareholders with distributions under the Plan
(each, a ``19(a) Notice'') include the disclosure required by rule 19a-
1 and by condition 2(a) below, and that all other written
communications by a Fund or its agents regarding distributions under
the Plan include the disclosure required by condition 3(a) below.
Applicants state that the Board of each Fund also will adopt policies
and procedures that require the Fund to keep records that demonstrate
the Fund's compliance with all of the terms and conditions of the
requested order and that are necessary for each Fund to form the basis
for, or demonstrate the calculation of, the amounts disclosed in its
19(a) Notices.

Applicants' Legal Analysis

    1. Section 19(b) generally makes it unlawful for any registered
investment company to make long-term capital gains distributions more
than once each year. Rule 19b-1 limits the number of capital gains
dividends, as defined in section 852(b)(3)(C) of the Code
(``distributions''), that a fund may make with respect to any one
taxable year to one, plus a supplemental ``clean up'' distribution made
pursuant to section 855 of the Code not exceeding 10% of the total
amount distributed for the year, plus one additional capital gain
dividend made in whole or in part to avoid the excise tax under section
4982 of the Code.
    2. Section 6(c) provides that the Commission may, by order upon
application, conditionally or unconditionally exempt any person,
security, or transaction, or any class or classes of persons,
securities or transactions, from any provision of the Act or of any
rule under the Act, if and to the extent that the exemption is
necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act.
    3. Applicants state that one of the concerns underlying section
19(b) and rule 19b-1 is that shareholders might be unable to
distinguish between regular distributions of capital gains and
dividends from investment income. Applicants state, however, that rule
19a-1 effectively addresses this concern by requiring that a separate
statement showing the sources of a distribution (e.g., estimated net
income, net short-term capital gains, net long-term capital gains and/
or return of capital) accompany any distributions (or the confirmation
of the reinvestment of distributions) estimated to be sourced in part
from capital gains or capital. Applicants state that the same
information is included in each Current Fund's annual report to
shareholders and on its IRS Form 1099-DIV, which is sent to each common
and preferred shareholder who received distributions during a
particular year.
    4. Applicants further state that each Fund will make the additional
disclosures required by the conditions set forth below, and each of
them will adopt compliance policies and procedures in accordance with
rule 38a-1 to ensure that all required notices and disclosures are sent
to shareholders. Applicants argue that by providing the information
required by section 19(a) and rule 19a-1, the Plan, and the compliance
policies and procedures in accordance with rule 38-1, each Fund will
ensure that the Fund's shareholders are provided sufficient information
to understand that their periodic distributions are not tied to the
Fund's

net investment income (which for this purpose is the Fund's taxable
income other than from capital gains) and realized capital gains to
date, and may not represent yield or investment return. Applicants also
state that compliance with each Fund's compliance procedures and
condition 3 set forth below will ensure that prospective shareholders
and third parties are provided with the same information. Accordingly,
applicants assert that continuing to subject the Funds to section 19(b)
and rule 19b-1 would afford shareholders no extra protection.
    5. Applicants note that section 19(b) and rule 19b-1 also were
intended to prevent certain improper sales practices including, in
particular, the practice of urging an investor to purchase shares of a
fund on the basis of an upcoming capital gains dividend (``selling the
dividend''), where the dividend would result in an immediate
corresponding reduction in NAV and would be in effect a taxable return
of the investor's capital. Applicants assert that the ``selling the
dividend'' concern should not apply to closed-end investment companies,
such as the Funds, which do not continuously distribute shares.
According to applicants, if the underlying concern extends to secondary
market purchases of shares of closed-end funds that are subject to a
large upcoming capital gains distribution, adoption of a periodic
distribution plan actually helps minimize the concern by avoiding,
through periodic distributions, any buildup of large end-of-the-year
distributions.
    6. Applicants also note that common shares of closed-end funds
often trade in the marketplace at a discount to the funds' NAV.
Applicants believe that this discount may be reduced for the Funds if
they are permitted to pay relatively frequent dividends on their common
shares at a consistent rate, whether or not those dividends contain an
element of capital gain.
    7. Applicants assert that the application of rule 19b-1 to a Plan
actually could have an undesirable influence on portfolio management
decisions. Applicants state that, in the absence of an exemption from
rule 19b-1, the implementation of a periodic distribution plan imposes
pressure on management (i) not to realize any net long-term capital
gains until the point in the year that the fund can pay all of its
remaining distributions in accordance with rule 19b-1, and (ii) not to
realize any long-term capital gains during any particular year in
excess of the amount of the aggregate pay-out for the year (since as a
practical matter excess gains must be distributed and accordingly would
not be available to satisfy pay-out requirements in following years),
notwithstanding that purely investment considerations might favor
realization of long-term gains at different times or in different
amounts. Applicants thus assert that the limitation on the number of
capital gains distributions that a fund may make with respect to any
one year imposed by rule 19b-1, may prevent the efficient operation of
a periodic distribution plan whenever that fund's realized net long-
term capital gains in any year exceed the total of the periodic
distributions that may include such capital gains under the rule.
    8. In addition, applicants assert that rule 19b-1 may cause fixed
regular periodic distributions under a periodic distribution plan to be
funded with returns of capital \3\ (to the extent net investment income
and realized short-term capital gains are insufficient to fund the
distribution), even though realized net long-term capital gains
otherwise could be available. To distribute all of a Fund's long-term
capital gains within the limits in rule 19b-1, a Fund may be required
to make total distributions in excess of the annual amount called for
by its Plan, or to retain and pay taxes on the excess amount.
Applicants thus assert that the requested order would minimize these
effects of rule 19b-1 by enabling the Funds to realize long-term
capital gains as often as investment considerations dictate without
fear of violating rule 19b-1.
---------------------------------------------------------------------------

    \3\ Returns of capital as used in the application means return
of capital for financial accounting purposes and not for tax
accounting purposes.
---------------------------------------------------------------------------

    9. Applicants state that Revenue Ruling 89-81 under the Code
requires that a fund that has both common stock and preferred stock
outstanding designate the types of income, e.g., investment income and
capital gains, in the same proportion as the total distributions
distributed to each class for the tax year. To satisfy the
proportionate designation requirements of Revenue Ruling 89-81,
whenever a fund has realized a long-term capital gain with respect to a
given tax year, the fund must designate the required proportionate
share of such capital gain to be included in common and preferred stock
dividends. Applicants state that although rule 19b-1 allows a fund some
flexibility with respect to the frequency of capital gains
distributions, a fund might use all of the exceptions available under
the rule for a tax year and still need to distribute additional capital
gains allocated to the preferred stock to comply with Revenue Ruling
89-81.
    10. Applicants assert that the potential abuses addressed by
section 19(b) and rule 19b-1 do not arise with respect to preferred
stock issued by a closed-end fund. Applicants assert that such
distributions are fixed or determined in periodic auctions by reference
to short-term interest rates rather than by reference to performance of
the issuer and Revenue Ruling 89-81 determines the proportion of such
distributions that are comprised of the long-term capital gains.
    11. Applicants also submit that the ``selling the dividend''
concern is not applicable to preferred stock, which entitles a holder
to no more than a periodic dividend at a fixed rate or the rate
determined by the market, and, like a debt security, is priced based
upon its liquidation value, dividend rate, credit quality, and
frequency of payment. Applicants state that investors buy preferred
shares for the purpose of receiving payments at the frequency bargained
for, and do not expect the liquidation value of their shares to change.
    12. Applicants request an order under section 6(c) granting an
exemption from section 19(b) and rule 19b-1 to permit each Fund to make
periodic capital gains dividends (as defined in section 852(b)(3)(C) of
the Code) as often as monthly in any one taxable year in respect of its
common shares and as often as specified by or determined in accordance
with the terms thereof in respect of its preferred shares.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:

1. Compliance Review and Reporting

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

2. Disclosures to Fund Shareholders

    (a) Each 19(a) Notice disseminated to the holders of the Fund's
common shares, in addition to the information required by section 19(a)
and rule 19a-1:

    (i) Will provide, in a tabular or graphical format:
    (1) The amount of the distribution, on a per share basis, together
with the amounts of such distribution amount, on a per share basis and
as a percentage of such distribution amount, from estimated: (A) Net
investment income; (B) net realized short-term capital gains; (C) net
realized long-term capital gains; and (D) return of capital or other
capital source;
    (2) The fiscal year-to-date cumulative amount of distributions, on
a per share basis, together with the amounts of such cumulative amount,
on a per share basis and as a percentage of such cumulative amount of
distributions, from estimated: (A) Net investment income; (B) net
realized short-term capital gains; (C) net realized long-term capital
gains; and (D) return of capital or other capital source;
    (3) The average annual total return in relation to the change in
NAV for the 5-year period (or, if the Fund's history of operations is
less than five years, the time period commencing immediately following
the Fund's first public offering) ending on the last day of the month
ended immediately prior to the most recent distribution record date
compared to the current fiscal period's annualized distribution rate
expressed as a percentage of NAV as of the last day of the month prior
to the most recent distribution record date; and
    (4) The cumulative total return in relation to the change in NAV
from the last completed fiscal year to the last day of the month prior
to the most recent distribution record date compared to the fiscal
year-to-date cumulative distribution rate expressed as a percentage of
NAV as of the last day of the month prior to the most recent
distribution record date.

Such disclosure shall be made in a type size at least as large and as
prominent as the estimate of the sources of the current distribution;
and
    (ii) Will include the following disclosure:
    (1) ``You should not draw any conclusions about the Fund's
investment performance from the amount of this distribution or from the
terms of the Fund's Plan'';
    (2) ``The Fund estimates that it has distributed more than its
income and net realized capital gains; therefore, a portion of your
distribution may be a return of capital. A return of capital may occur,
for example, when some or all of the money that you invested in the
Fund is paid back to you. A return of capital distribution does not
necessarily reflect the Fund's investment performance and should not be
confused with `yield' or `income' ''; \4\ and
---------------------------------------------------------------------------

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

    (3) ``The amounts and sources of distributions reported in this
19(a) Notice are only estimates and are not being provided for tax
reporting purposes. The actual amounts and sources of the amounts for
tax reporting purposes will depend upon the Fund's investment
experience during the remainder of its fiscal year and may be subject
to changes based on tax regulations. The Fund will send you a Form
1099-DIV for the calendar year that will tell you how to report these
distributions for Federal income tax purposes.''

Such disclosure shall be made in a type size at least as large as and
as prominent as any other information in the 19(a) Notice and placed on
the same page in close proximity to the amount and the sources of the
distribution;
    (b) On the inside front cover of each report to shareholders under
rule 30e-1 under the Act, the Fund will:
    (i) Describe the terms of the Plan (including the fixed amount or
fixed percentage of the distributions and the frequency of the
distributions);
    (ii) Include the disclosure required by condition 2(a)(ii)(1)
above;
    (iii) State, if applicable, that the Plan provides that the Board
may amend or terminate the Plan at any time without prior notice to
Fund shareholders; and
    (iv) Describe any reasonably foreseeable circumstances that might
cause the Fund to terminate the Plan and any reasonably foreseeable
consequences of such termination; and
    (c) Each report provided to shareholders under rule 30e-1 under the
Act and each prospectus filed with the Commission on Form N-2 under the
Act, will provide the Fund's total return in relation to changes in NAV
in the financial highlights table and in any discussion about the
Fund's total return.

3. Disclosure to Shareholders, Prospective Shareholders and Third
Parties

    (a) The Fund will include the information contained in the relevant
19(a) Notice, including the disclosure required by condition 2(a)(ii)
above, in any written communication (other than a communication on Form
1099) about the Plan or distributions under the Plan by the Fund, or
agents that the Fund has authorized to make such communication on the
Fund's behalf, to any Fund common shareholder, prospective common
shareholder or third-party information provider;
    (b) The Fund will issue, contemporaneously with the issuance of any
19(a) Notice, a press release containing the information in the 19(a)
Notice and will file with the Commission the information contained in
such 19(a) Notice, including the disclosure required by condition
2(a)(ii) above, as an exhibit to its next filed Form N-CSR; and
    (c) The Fund will post prominently a statement on its (or the
Investment Adviser's) Web site containing the information in each 19(a)
Notice, including the disclosure required by condition 2(a)(ii) above,
and will maintain such information on such Web site for at least 24
months.

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

    If a broker, dealer, bank or other person (``financial
intermediary'') holds common stock issued by the Fund in nominee name,
or otherwise, on behalf of a beneficial owner, the Fund: (a) Will
request that the financial intermediary, or its agent, forward the
19(a) Notice to all beneficial owners of the Fund's shares held through
such financial intermediary; (b) will provide, in a timely manner, to
the financial intermediary, or its agent, enough copies of the 19(a)
Notice assembled in the form and at the place that the financial
intermediary, or its agent, reasonably requests to facilitate the
financial intermediary's sending of the 19(a) Notice to each beneficial
owner of the Fund's shares; and (c) upon the request of any financial
intermediary, or its agent, that receives copies of the 19(a) Notice,
will pay the financial intermediary, or its agent, the reasonable
expenses of sending the 19(a) Notice to such beneficial owners.

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

    If:
    (a) The Fund's common shares have traded on the stock exchange that
they primarily trade on at the time in question at an average premium
to NAV equal to or greater than 10%, as determined on the basis of the
average of the discount or premium to NAV of the Fund's common shares
as of the close of each trading day over a 12-week rolling period (each
such 12-week rolling period ending on the last trading day of each
week); and
    (b) The Fund's annualized distribution rate for such 12-week
rolling period, expressed as a percentage of NAV as of the ending date
of such 12-

week rolling period, is greater than the Fund's average annual total
return in relation to the change in NAV over the 2-year period ending
on the last day of such 12-week rolling period;
    then:
    (i) At the earlier of the next regularly scheduled meeting or
within four months of the last day of such 12-week rolling period, the
Board including a majority of the Independent Trustees:
    (1) Will request and evaluate, and the Investment Adviser will
furnish, such information as may be reasonably necessary to make an
informed determination of whether the Plan should be continued or
continued after amendment;
    (2) Will determine whether continuation, or continuation after
amendment, of the Plan is consistent with the Fund's investment
objective(s) and policies and is in the best interests of the Fund and
its shareholders, after considering the information in condition
5(b)(i)(1) above; including, without limitation:
    (A) Whether the Plan is accomplishing its purpose(s);
    (B) The reasonably foreseeable material effects of the Plan on the
Fund's long-term total return in relation to the market price and NAV
of the Fund's common shares; and
    (C) The Fund's current distribution rate, as described in condition
5(b) above, compared with the Fund's average annual taxable income or
total return over the 2-year period, as described in condition 5(b), or
such longer period as the Board deems appropriate; and
    (3) Based upon that determination, will approve or disapprove the
continuation, or continuation after amendment, of the Plan; and
    (ii) The Board will record the information considered by it,
including its consideration of the factors listed in condition
5(b)(i)(2) above, and the basis for its approval or disapproval of the
continuation, or continuation after amendment, of the Plan in its
meeting minutes, which must be made and preserved for a period of not
less than six years from the date of such meeting, the first two years
in an easily accessible place.

6. Public Offerings

    The Fund will not make a public offering of the Fund's common
shares other than:
    (a) A rights offering below NAV to holders of the Fund's common
shares;
    (b) An offering in connection with a dividend reinvestment plan,
merger, consolidation, acquisition, spin-off or reorganization of the
Fund; or
    (c) An offering other than an offering described in conditions 6(a)
and 6(b) above, provided that, with respect to such other offering:
    (i) The Fund's annualized distribution rate for the six months
ending on the last day of the month ended immediately prior to the most
recent distribution record date,\5\ expressed as a percentage of NAV
per share as of such date, is no more than 1 percentage point greater
than the Fund's average annual total return for the 5-year period
ending on such date; \6\ and
---------------------------------------------------------------------------

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

    (ii) The transmittal letter accompanying any registration statement
filed with the Commission in connection with such offering discloses
that the Fund has received an order under section 19(b) to permit it to
make periodic distributions of long-term capital gains with respect to
its common stock as frequently as twelve times each year, and as
frequently as distributions are specified by or determined in
accordance with the terms of any outstanding preferred stock as such
Fund may issue.

7. Amendments to Rule 19b-1

    The requested order will expire on the effective date of any
amendment to rule 19b-1 that provides relief permitting certain closed-
end investment companies to make periodic distributions of long-term
capital gains with respect to their outstanding common stock as
frequently as twelve times each year.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-25422 Filed 10-21-09; 8:45 am]


[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Proposed Rules]
[Page 61373-61377]
[DOCID:fr05oc10-21]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1134]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or to show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before January 30, 2011.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1134, to
Roy E. Wright, Deputy Director, Risk Analysis Division, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-
mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk
Analysis Division, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)
                                       Location of referenced     Depth in feet above
         Flooding source(s)                  elevation          ground  - Elevation in     Communities affected
                                                                     meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                Gallatin County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Ohio River..........................  Approximately 1,666             None         +367  City of Shawneetown,
                                       feet downstream of                                 Unincorporated Areas
                                       Garfield Street (IL-                               of Gallatin County,
                                       13).                                               Village of Old
                                                                                Shawneetown.
                                      Approximately 1.19 mile         +368         +367
                                       upstream of Garfield
                                       Street (IL-13),
                                       approximately at River
                                       Mile 857.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
- Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
                                                    ADDRESSES
City of Shawneetown
Maps are available for inspection at City Hall, 330 North Lincoln Boulevard, Shawneetown, IL 62984.

                                     Unincorporated Areas of Gallatin County
Maps are available for inspection at the Gallatin County Courthouse, 484 North Lincoln Boulevard West,
 Shawneetown, IL 62984.

Village of Old Shawneetown
Maps are available for inspection at the Old Shawneetown Village Hall, 332 Washington Street, Shawneetown, IL
 62984.
----------------------------------------------------------------------------------------------------------------

                                 Hardin County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beaver Creek........................  Approximately 1.58 mile         None         +366  Unincorporated Areas of
                                       upstream of IL-1.                                  Hardin County.
                                      Approximately 1.92 mile         None         +366
                                       upstream of IL-1.
Ohio River..........................  Approximately 1.34 mile         +355         +356  City of Rosiclare,
                                       downstream of Ferry                                Unincorporated Areas
                                       Road extended (River                               of Hardin County,
                                       Mile 894).                                         Village of
                                                                                Elizabethtown.
                                      Approximately 1.97 mile         +358         +359
                                       upstream of Main
                                       Street extended (River
                                       Mile 887).
Unnamed Tributary to Beaver Creek     Approximately 1,500             None         +366  Unincorprated Areas of
 (East).                               feet upstream of the                               Hardin County.
                                       confluence with Beaver
                                       Creek.
                                      Approximately 0.69 mile         None         +366
                                       upstream of the
                                       confluence with Beaver
                                       Creek.
Unnamed Tributary to Beaver Creek     Approximately 1,500             None         +366  Unincorporated Areas of
 (West).                               feet upstream of the                               Hardin County.
                                       confluence with Beaver
                                       Creek.
                                      Approximately 0.99 mile         None         +366
                                       upstream of the
                                       confluence with Beaver
                                       Creek.
Unnamed Tributary to Saline River...  Approximately 1,800             None         +366  Unincorporated Areas of
                                       feet upstream of the                               Hardin County.
                                       confluence with the
                                       Saline River.
                                      Approximately 2,000             None         +366
                                       feet upstream of the
                                       confluence with the
                                       Saline River.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
- Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Rosiclare
Maps are available for inspection at City Hall, Main Street, Rosiclare, IL 62982.

                                      Unincorporated Areas of Hardin County
Maps are available for inspection at the Hardin County Courthouse, 203 North Main Street, Elizabethtown, IL
 62931.

                                            Village of Elizabethtown
Maps are available for inspection at the Village Hall, 1 Locust Street, Elizabethtown, IL 62931.
----------------------------------------------------------------------------------------------------------------
                                 Saline County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bankston Fork (backwater effects      At the confluence with          None         +367  City of Harrisburg,
 from Ohio River).                     Middle Fork Saline                                 Unincorporated Areas
                                       River.                                             of Saline County.
                                      Approximately 1,150             None         +367
                                       feet upstream of St.
                                       Mary's Drive.
Brier Creek.........................  At the confluence with          None         +367  Unincorporated Areas of
                                       Middle Fork Saline                                 Saline County.
                                       River.
                                      Approximately 0.53 mile         None         +367
                                       upstream of IL-34.
Cockerel Branch (backwater effects    Approximately 1.1 mile          None         +367  Unincorporated Areas of
 from Ohio River).                     downstream of County                               Saline County.
                                       Highway 13.
                                      At Thaxton Road........         None         +367
Eldorado Tributary..................  At the confluence with          None         +367  Unincorporated Areas of
                                       Middle Fork Saline                                 Saline County.
                                       River.
                                      Approximately 1,545             None         +367
                                       feet downstream of
                                       Sutton Road.
Middle Fork Saline River (backwater   At the confluence with          None         +367  City of Harrisburg,
 effects from Ohio River).             South Fork Saline                                  Unincorporated Areas
                                       River.                                             of Saline County,
                                                                                Village of Muddy.
                                      Approximately 2.4 miles         None         +367
                                       upstream of IL-34.
Saline River (backwater effects from  Approximately 3.5 miles         None         +367  Unincorporated Areas of
 Ohio River).                          downstream of Rocky                                Saline County.
                                       Branch Road.
                                      At the confluence of            None         +367
                                       Middle Fork and South
                                       Fork Saline River.

South Fork Saline River (backwater    At the confluence with          None         +367  Unincorporated Areas of
 effects from Ohio River).             Middle Fork Saline                                 Saline County.
                                       River.
                                      Approximately 2.0 miles         None         +367
                                       downstream of IL-34.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
- Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Harrisburg
Maps are available for inspection at City Hall, 110 East Locust Street, Harrisburg, IL 62946.

                                      Unincorporated Areas of Saline County
Maps are available for inspection at the Saline County Courthouse, 10 East Poplar Street, Harrisburg, IL 62946.

Village of Muddy
Maps are available for inspection at the Village Hall, 60 Maple Street, Muddy, IL 62965.
----------------------------------------------------------------------------------------------------------------
                                Chisago County, Minnesota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Lake Ellen..........................  Entire shoreline.......         None         +895  City of Chisago City.
Skogman Lake........................  Entire shoreline within         None         +950  Unincorporated Areas of
                                       Chisago County.                                    Chisago County.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
- Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Chisago City
Maps are available for inspection at City Hall, 10625 Railroad Avenue, Chisago City, MN 55013.

Unincorporated Areas of Chisago County
Maps are available for inspection at the Chisago County Government Center, 313 North Main Street, Center City,
 MN 55012.
----------------------------------------------------------------------------------------------------------------
                                Marion County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Little Sequatchie River.............  Approximately 2,500             +630         +628  Unincorporated Areas of
                                       feet downstream of                                 Marion County.
                                       Valley View Highway.
                                      Approximately 1,400             +631         +630
                                       feet downstream of
                                       Valley View Highway.
Town Creek..........................  Just upstream of U.S.           None         +619  Town of Jasper.
                                       Route 64.
                                      Approximately 4,000             None         +619
                                       feet upstream of U.S.
                                       Route 64.
West Fork Pryor Cove Branch.........  At the confluence with          +716         +717  Town of Jasper,
                                       Pryor Cove Branch.                                 Unincorporated Areas
                                                                                of Marion County.
                                      Approximately 3,200             +786         +784
                                       feet upstream of the
                                       confluence with Pryor
                                       Cove Branch.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
- Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
Town of Jasper
Maps are available for inspection at 4460 Main Street, Jasper, TN 37347.

Unincorporated Areas of Marion County...........................................................................
Maps are available for inspection at 4460 Main Street, Jasper, TN 37347.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: September 21, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-24868 Filed 10-4-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Rules and Regulations]
[Pages 14259-14262]
[FR Doc No: 2023-04730]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0055]
RIN 1625-AA00

Safety Zone; Atlantic Ocean, Cape Canaveral Offshore Launch Area,
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
waters of the Atlantic Ocean, adjacent to Cape Canaveral, FL. This
safety zone would implement a special activities provision of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021. The Coast Guard is establishing this safety zone for
the launch of the Terran I rocket, which is being launched by
Relativity Space. The temporary safety zone will be located within the
Coast

Guard District Seven area of responsibility offshore of Cape Canaveral,
Florida. This rule prohibits U.S.-flagged vessels from entering the
temporary safety zone unless authorized by the District Commander of
the Seventh Coast Guard District or a designated representative.
Foreign-flagged vessels are encouraged to remain outside the safety
zone. This action is necessary to protect vessels and waterway users
from the potential hazards created by launch of the Terran I rocket,
flying over the U.S. Exclusive Economic Zone (EEZ).

DATES: This rule is effective without actual notice from March 8,
2023through 4 p.m., March 13, 2023. For the purposes of enforcement,
actual notice will be used from 10 a.m., March 7, 2023 until March 8,
2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0860 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Ryan Gilbert, District Seven, Waterways Management
Branch, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
Sec.  Section
U.S. United States
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 1, 2021, the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283)
(Authorization Act) was enacted. Section 8343 (134 Stat. 4710) calls
for the Coast Guard to conduct a 2-year pilot program to establish and
implement a process to establish safety zones to address special
activities,\1\ including space activities carried out by United States
(U.S.) citizens in the U.S. Exclusive Economic Zone (EEZ).\2\ Terms
used to describe space activities, including launch, are defined in 51
U.S.C. 50902.
---------------------------------------------------------------------------

    \1\ Special Activities means space activities, including launch
and reentry, as such terms are defined in section 50902 of Title 51,
United States Code, carried out by United States citizens.
    \2\ The Coast Guard defines the U.S. exclusive economic zone in
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
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    The Coast Guard has long monitored space activities impacting the
maritime domain and taken actions to ensure the safety of vessels and
the public as needed during space launch operations. In conducting this
activity, the Coast Guard engages with other government agencies,
including the Federal Aviation Administration (FAA) and National
Aeronautics and Space Administration (NASA). This engagement is
necessary to ensure statutory and regulatory obligations are met to
ensure the safety of launch operations and waterway users.
    The Coast Guard has an existing permanent regulated navigation area
(RNA) that prevents vessels from operating in the waters adjacent to
the Cape Canaveral launch area; however, that area only extends to the
limits of the territorial seas.\3\ With this temporary final rule, the
Coast Guard is establishing a temporary safety zone in the Atlantic
Ocean in the U.S. EEZ that will abut the existing RNA near Cape
Canaveral, FL. The Coast Guard intends to activate the existing RNA in
33 CFR 165.775 concurrently with the temporary safety zone established
by this rule for the launch of the Terran I rocket.
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    \3\ See 33 CFR 165.775.
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    The Terran 1 will be the first launched rocket of the Terran
Program. Rockets built by Realitivity Space for the Terran program are
constructed using a novel 3D printing technology that has never been
successfully employed in the United States. While the Terran rocket has
conducted tests of its engines, it has not yet been launched into low
earth orbit. Therefore, this launch presents a higher risk profile than
with a typical launch. Based on these factors it has been determined
that the best way to reduce risk is to establish this temporary safety
zone abutting the established RNA in Sec.  165.775.
    Once the Terran I rocket has been launched, the Coast Guard will
notify the public through a Broadcast Notice to Mariners (BNM) that any
remaining safety zone enforcement times and dates are no longer needed.
    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. This
safety zone must be established by March 7, 2023, in order to protect
vessels and waterway users from the potential hazards associated with
the launch of the Terran I rocket.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the rule's objectives of ensuring the
protection of vessels and waterway users in the U.S. EEZ from the
potential hazards created by the launch operation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under section 8343 of the
Authorization Act. The Seventh District Commander has determined that
there are potential hazards in the U.S. EEZ created by the launch of
the Terran I rocket. The purpose of this rule is to ensure safety of
vessels and waterway users before, during, and after the scheduled
launch.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone that will be subject
to enforcement starting on March 7, 2023, through March 13, 2023, from
10 a.m. to 4 p.m. each day, until the Terran-1 rocket is launched. Once
the Terran I rocket has been launched, the Coast Guard will notify the
public that the temporary safety zone has been cancelled, through a
Broadcast Notice to Mariners (BNM).
    This temporary safety zone will cover certain navigable waters in
the path of the rocket being launched from Cape Canaveral, FL. The
safety zone will cover approximately 650 square miles, and is roughly
shaped like an elongated trapezoid. It will directly abut the RNA
established in Sec.  165.775. U.S.-flagged vessels will be prohibited
from entering the temporary safety zone unless authorized by the
District Commander of the Seventh Coast Guard District or a designated
representative. Foreign-

flagged vessels are encouraged to remain outside the safety zone. The
coordinates of the safety zone are provided in the regulatory text, and
a map will be provided in the docket.
    No U.S. flagged vessel or person will be permitted to enter the
safety zone without obtaining permission from the District Commander or
a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and scope of the temporary safety zone. The
temporary safety zone is limited in size and location to only to the
areas where Terran I rocket launch may pose a danger to vessels outside
the RNA. The temporary safety zone is limited in scope, as vessel
traffic will be able to safely transit around the zone. The safety zone
is expected to be enforced for approximately 8 hours. After the launch
has been completed, and there is no longer any danger to vessels from
the Terran I rocket, the Coast Guard will notify waterway users and
vessels that the safety zone is no longer subject to enforcement. The
safety zone will ensure the protection of vessels and waterway users
from the potential hazards created by the launch of the Terran I
rocket.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
enforcement of a safety zone for approximately 5 or 6 hours during the
duration of the rocket launch of the Terran I rocket. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 is revised to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T07-0055 to read as follows:

Sec.  165.T07-0055   Safety Zone; Atlantic Ocean, Cape Canaveral
Offshore Launch Area, Cape Canaveral, FL.

    (a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean, from surface to bottom, encompassed by a line
connecting the following points beginning at Point 1: 28[deg]38'19.3''
N 80[deg]21'22.9'' W, thence to Point 2: 28[deg]45'14'' N
79[deg]58'51.2'' W, thence to Point 3: 28[deg]15'39.7'' N
79[deg]58'51.2'' W, thence to Point 4: 28[deg]22'27.7'' N
80[deg]18'59'' W, thence following the 12NM line back to point 1. These
coordinates are based on WGS 84.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel, U.S.
Space Force range safety personnel, and Federal, State, and local
officers designated by or assisting the District Commander in the
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, U.S.-flagged vessels may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the District Commander or a designated representative. All foreign-
flagged vessels are encouraged to remain outside the safety zone.
    (2) To seek permission to enter, transit through, anchor in or
remain within the safety zone contact Sector Jacksonville by telephone
at<PHONE_NUMBER> or the District Commander's representative via VHF-FM
radio on channel 16. Those in the safety zone must comply with all
lawful orders or directions given to them by the District Commander or
a designated representative.
    (d) Notification of enforcement. (1) The Coast Guard intends to
enforce the temporary safety zone for the Terran I rocket launch with
assets on scene to ensure the temporary safety zone is cleared of
persons and vessels.
    (2) Once the Terran I rocket has been launched, the safety zone
will no longer be needed. At that time, the Coast Guard will notify the
public of the cancellation of the safety zone through a Broadcast
Notice to Mariners on VHF-FM channel 16, and through social media.
    (e) Effective and enforcement periods. This section is effective
from 10 a.m. on March 7, 2023 through 4 p.m. on March 23, 2023. This
section is subject to enforcement from 10 a.m.to 4 p.m. each day.

    Dated: March 2, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2023-04730 Filed 3-7-23; 8:45 am]
BILLING CODE 9110-04-P