39927 Federal Register / Vol. 67, No. 112 / Tuesday, June 11, 2002 / Proposed Rules SUMMARY: EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania of changes to the air resource regulations. The changes will make the Commonwealth's regulations consistent with Federal requirements, delete obsolete and unnecessary provisions, and apply the Commonwealth's monitoring requirements in a consistent fashion for all affected sources. 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 If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule.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. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

DATES: Comments must be received in writing by July 11, 2002. ADDRESSES: Written comments should be addressed to David L. Arnold, Chief, Air Quality Planning & Information Services Branch, Air Protection Division, Mailcode 3AP21, U. S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the documents relevant to this action are available for public inspection during normal business hours at the Air Protection Division, U. S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and the Pennsylvania Department of Environmental Resources Bureau of Air Quality Control, P. O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Rose Quinto at (215) 814Ð 2182, the EPA Region III address above or by e mail at quinto. rose@ epa. gov. Please note that while questions may be posed via telephone and e mail, formal comments must be submitted in writing, as indicated in the ADDRESSES section of this document. SUPPLEMENTARY INFORMATION: For further information, please see the information provided in the direct final action for the Pennsylvania's air resource regulations, that is located in the `` Rules and Regulations'' section of this Federal Register publication.

Dated: May 8, 2002. Thomas C. Voltaggio, Acting Regional Administrator, Region III. [FR Doc. 02Ð 14479 Filed 6Ð 10Ð 02; 8: 45 am]

BILLING CODE 6560– 50– P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [MD062– 3087b; FRL– 7220– 2]

Approval and Promulgation of Air Quality Implementation Plans; Maryland; Visible Emissions and Open Fire Amendments AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.

SUMMARY: EPA proposes to approve revisions to the Maryland State Implementation Plan (SIP). These revisions establish the exemption of certain intermittent visible emissions (VE) at Federal facilities, amend open burning distance limitations, and establish specific requirements for safety determinations at Federal facilities. 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 of 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 July 11, 2002. ADDRESSES: Written comments should be addressed to David L. Arnold, Chief, Air Quality Planning and Information Services Branch, Mailcode 3AP21, U. S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the documents relevant to this action are available for public inspection during normal business hours at the Air Protection Division, U. S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and the Maryland Department of the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Betty Harris, (215) 814Ð 2168, at the EPA Region III address above, or by e mail at harris. betty@ epa. gov. Please note that while questions may be posed via telephone and e mail, formal comments must be submitted in writing, as indicated in the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION: For further information, please see the information provided in the direct final action of Maryland's Visible Emissions and Open Fire Amendments, that is located in the `` Rules and Regulations'' section of this Federal Register publication.

Dated: May 21, 2002. James W. Newsom, Acting Regional Administrator, Region III. [FR Doc. 02Ð 14492 Filed 6Ð 10Ð 02; 8: 45 am]

BILLING CODE 6560– 50– P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 260 and 261 [FRL– 7228– 8]

RIN 2050– AE78 Extension of Comment Period for Proposed Regulation of Oil Bearing Secondary Materials From the Petroleum Refining Industry and Other Hazardous Secondary Materials Processed in a Gasification Device To Produce Synthesis Gas AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

SUMMARY: The Environmental Protection Agency (EPA) is extending by an additional 75 days the comment period on its proposed rule (March 25, 2002 at 67 FR 13684) for revising the RCRA hazardous waste program to allow a conditional exclusion from the definition of solid waste. This conditional exclusion would be for hazardous oil bearing secondary materials generated by the petroleum refining industry when processed in a gasification device manufacturing VerDate May< 23> 2002 19: 01 Jun 10, 2002 Jkt 197001 PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 11JNP1. SGM pfrm72 PsN: 11JNP1 39928 Federal Register / Vol. 67, No. 112 / Tuesday, June 11, 2002 / Proposed Rules synthesis gas fuel and other non fuel chemical by products. The proposal also solicits comment on a broader conditional exclusion to other hazardous secondary materials generated by industries other than the petroleum refining industry. The comment period is being extended to provide the public with additional time to evaluate and comment on both aspects of the proposed rule. As extended by this action, the comment period will now close on September 10, 2002.

DATES: EPA will accept public comment on this proposed rule until September 10, 2002. Comments postmarked after the close of the comment period will be stamped `` late'' and may or may not be considered by the Agency.

ADDRESSES: Commenters must send an original and two copies of their comments referencing docket number FÐ 2002Ð RPRPÐ FFFFF to: (1) If using regular postal mail: RCRA Docket Information Center, Office of Solid Waste (5305G), U. S. Environmental Protection Agency Headquarters EPAHQ 1200 Pennsylvania Avenue, NW., Washington, DC 20460Ð 0002; (2) If using special delivery, such as overnight express service: RCRA Docket Information Center (RIC), Crystal Gateway One, 1235 Jefferson Davis Highway, First Floor, Arlington, VA 22202; or (3) If using the Internet to: rcra docket@ epa. gov. All electronic comments must be submitted as an ASCII (text) file avoiding the use of special characters and any form of encryption. If possible, EPA's Office of Solid Waste (OSW) would also like to receive an additional copy of the comments on disk in WordPerfect 6.1 file format. Commenters should not submit electronically any confidential business information (CBI). An original and two copies of CBI must be submitted under separate cover to: RCRA CBI Document Control Officer, Office of Solid Waste (5303W), U. S. EPA, 1200 Pennsylvania Avenue, NW, Washington, DC 20460Ð 0002. The official record (i. e., public docket) for the proposed rulemaking is FÐ 2002Ð RPRPÐ FFFFF. In addition to this official record, two additional dockets have material supporting this proposal. They are: FÐ 98Ð PR2AÐ FFFFF and FÐ 98Ð RCSFÐ FFFFF. Public comments and supporting materials are available for viewing in the RCRA Docket Information Center (RIC), located at Crystal Gateway I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The RIC is open from 9 a. m. to 4 p. m., Monday through Friday, excluding Federal holidays. To review docket materials, it is recommended that the public make an appointment by calling 703Ð 603Ð 9230. The public may copy a maximum of 100 pages from any regulatory docket at no charge. Additional copies cost $0.15/ page.

FOR FURTHER INFORMATION CONTACT: For general information, contact the RCRA Hotline at 1Ð 800Ð 424Ð 9346 or TDD 1Ð 800Ð 553Ð 7672 (hearing impaired). In the Washington, DC, metropolitan area, call 703Ð 412Ð 9810 or TDD 703Ð 412Ð 3323. The RCRA Hotline is open MondayÐ Friday, 9 am to 6 pm, Eastern Standard Time. For more detailed information on specific aspects of this proposed rulemaking, contact Elaine Eby at 703Ð 308Ð 8449 or eby. elaine@ epa. gov, or write her at the Office of Solid Waste, 5302W, U. S. Environmental Protection Agency Headquarters (EPA, HQ) (5302W), 1200 Pennsylvania Avenue, NW., Washington, DC 20460Ð 0002.

SUPPLEMENTARY INFORMATION: On March 25, 2002 (67 FR 13684), EPA proposed a conditional exclusion from the definition of solid waste. As noted in the proposal, the exclusion would apply to hazardous oil bearing secondary materials (i. e., sludges, by products, or spent materials) generated by the petroleum refining industry (Standard Industrial Classification (SIC) 2911), when processed, either on site or offsite in a gasification system to produce synthesis gas fuel and other non fuel chemical by products. As proposed, the exclusion is subject to a set of conditions that specify the following: (1) The system meets the definition of a gasification system; (2) the system generates a synthesis gas fuel that meets the specification of exempted synthesis gas; (3) the materials generated by the gasification system must not be placed on the land if they exceed the nonwastewater Universal Treatment Standards (UTS) for chromium, lead, nickel, vanadium, arsenic, and antimony (found at 40 CFR 268.48); and (4) the excluded materials must not be placed on the land or speculatively accumulated prior to insertion into the gasification system. The proposal also solicits comment on an option to broaden the conditional exclusion to other generated hazardous secondary materials under an expanded set of conditions. These conditions include: (1) Each hazardous secondary material processed in the system contains greater than 20% by weight total organic carbon; (2) the gasification system does not process any hazardous waste which exhibits the characteristic of mercury and any hazardous waste for which mercury is a basis for listing under 40 CFR part 261, Appendix VII as hazardous secondary material; (3) the system meets the definition of a gasification system; (4) the system generates a synthesis gas fuel that meets the specification of exempted synthesis gas; (5) the materials generated by the gasification system are not placed on the land if they exceed the nonwastewater UTS for antimony, arsenic, barium, beryllium, cadmium, chromium (total), cyanides (total), cyanides (amenable), lead, mercury, nickel, selenium, silver, thallium, and vanadium; and (6) the excluded materials are not placed on the land or speculatively accumulated prior to insertion into the gasification system.

While the Agency has requested comment on all aspects of the proposal, we specifically solicit comment, information, and data on: (1) The performance of gasification on other hazardous secondary material (that are currently hazardous waste) known to contain concentrations of metals; (2) the performance of gasification on certain hazardous secondary materials that contain certain high concentration of non contributing components (namely metals or halides); (3) potential partitioning of metals to the product synthesis gas fuel and their subsequent release during the combustion of the synthesis gas in turbines to produce power: (4) criteria for and the types of hazardous secondary materials that could be processed in a gasification system; (5) specific design and operating conditions for all components of the gasification system; (6) the market for building and operating gasification systems in the future; (7) the market for synthesis gas and other gasification products; and (8) appropriate documentation (reporting and record keeping) for those claiming this exclusion.

The Agency is extending the comment period by 75 days to accommodate requests by several parties for additional time to prepare relevant comments and to gather operating and emissions data on gasification systems permitted in Europe and Japan.

Dated: May 30, 2002.

Elizabeth A. Cotsworth,

Director, Office of Solid Waste. [FR Doc. 02Ð 14631 Filed 6Ð 10Ð 02; 8: 45 am]

BILLING CODE 6560– 50– P VerDate May< 23> 2002 20: 16 Jun 10, 2002 Jkt 197001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 11JNP1. SGM pfrm72 PsN: 11JNP1


[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Notices]
[Page 43579]
[FR Doc No: 2020-15481]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC20-22-000]

Commission Information Collection Activities (FERC-588); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
Federal Energy Regulatory Commission (Commission or FERC) is soliciting
public comment on its request to extend a currently approved
information collection, FERC-588 (Emergency Natural Gas Transportation,
Sale, and Exchange Transactions).

DATES: Comments on the collection of information are due September 15,
2020.

ADDRESSES: You may submit comments (identified by Docket No. IC20-22-
000) by any of the following methods:
     eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp
     U.S. Postal Service Mail: Persons unable to file
electronically may mail similar pleadings to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
     Effective 7/1/2020, delivery of filings other than by
eFiling or the U.S. Postal Service should be delivered to Health and
Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    Instructions: All comments must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov. For user
assistance, contact FERC Online Support by email at
<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER> (toll-free).
    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>and telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-588 (Emergency Natural Gas Transportation, Sale, and
Exchange Transactions).
    OMB Control No.: 1902-0144.
    Type of Request: Three-year extension of the FERC-588 information
collection requirements with no changes to the current reporting and
recordkeeping requirements.
    Abstract: FERC-588 is an existing information collection consisting
of filing requirements and notice procedures at 18 CFR 157.17 and
284.270. These regulations pertain to non-jurisdictional companies'
assistance in natural gas emergency circumstances. The non-
jurisdictional companies that assist in such emergency transactions
must file information with the Commission under 18 CFR 284.270, so that
the Commission may ensure compliance with relevant legal requirements.
An interstate pipeline that seeks an emergency certificate for
facilities must file an application under 18 CFR 157.17.
    Types of Respondent: Providers and recipients of assistance in
natural gas emergency circumstances.
    Estimate of Annual Burden: \1\ The Commission estimates the total
annual burden and cost \2\ for this information collection in the
following table:
---------------------------------------------------------------------------

    \1\ ``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.
    \2\ The Commission staff believes that industry is similarly
situated in terms of cost for wages and benefits. Therefore, we are
using $83.00 per hour in this calculation. That is the current
average hourly cost, for wages plus benefits, for one FERC full-time
equivalent.

----------------------------------------------------------------------------------------------------------------
                   Annual  number
    Number of       of  responses     Total  number of      Average hour burden and    Total annual hour burden
   respondents     per  respondent        responses            cost per response               and cost
A                               B                      C  D.........................  E
                                                      (Col. A x Col. B)               (Col. C x Col. D)
----------------------------------------------------------------------------------------------------------------
             10                 3                    30   10 hrs; $830..............  300 hrs.; $24,900.
----------------------------------------------------------------------------------------------------------------

    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.

    Dated: July 13, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-15481 Filed 7-16-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Pages 8835-8836]
[FR Doc No: 2022-03262]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2022-0050; FRL-9568-01-OA]

White House Environmental Justice Advisory Council; Notification
of Virtual Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification for a public meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), the
U.S. Environmental Protection Agency (EPA) hereby provides notice that
the White House Environmental Justice Advisory Council (WHEJAC) will
meet on the dates and times described below. Due to unforeseen
administrative circumstances, EPA is announcing this meeting with less
than 15 calendar days public notice. EPA is announcing a meeting on
February 24, 2022. The meeting is open to the public. Members of the
public are encouraged to provide comments relevant to the scorecard
that is being developed by the White House Environmental Justice
Interagency Council (IAC) to assess the progress of federal agencies'
in addressing current and historic environmental injustice. For
additional information about registering to attend the meetings or to
provide public comment, please see ``REGISTRATION'' under SUPPLEMENTARY
INFORMATION Pre-registration is required.

DATES: The WHEJAC will hold a virtual public meeting on Thursday,
February 24, 2022, from approximately 3 p.m.-7 p.m., Eastern Time. A
public comment period relevant to the scorecard will be considered by
the WHEJAC during the meeting. (see SUPPLEMENTARY INFORMATION). Members
of the public who wish to participate during the public comment period
must pre-register by 11:59 p.m., Eastern Time, February 21, 2022.

FOR FURTHER INFORMATION CONTACT: Karen L. Martin, WHEJAC Designated
Federal Officer, U.S. EPA; email: [email protected]; telephone: (202) 564-
0203. Additional information about the WHEJAC is available at https://www.epa.gov/environmentaljustice/white-house-environmental-justice-advisory-council.

SUPPLEMENTARY INFORMATION: The meeting discussion will focus on the
performance scorecard that is being developed by the White House
Environmental Justice Interagency Council to assess the progress of
federal agencies' in addressing current and historic environmental
injustice. Executive Order 14008, Section 220 (d) tasks the IAC to
develop clear performance metrics to ensure accountability, in
consultation with the White House Environmental Justice Advisory
Council.
    The Charter of the WHEJAC states that the advisory committee will
provide independent advice and recommendations to the Chair of the
Council on Environmental Quality and to the White House Environmental
Justice Interagency Council. The WHEJAC will provide advice and
recommendations about broad cross-cutting issues, related but not
limited to, issues of environmental justice and pollution reduction,
energy, climate change mitigation and resiliency, environmental health,
and racial inequity. The WHEJAC's efforts will include a broad range of
strategic, scientific, technological, regulatory, community engagement,
and economic issues related to environmental justice.
    Registration: Individual registration is required for the virtual
public meeting. Information on how to register is located at https://www.epa.gov/environmentaljustice/white-house-environmental-justice-advisory-council. Registration for the meeting is available through the
scheduled end time of the meeting. Registration to speak during the
public comment period will close 11:59 p.m., Eastern Time, on February
21, 2022. When registering, please provide your name, organization,
city and state, and email address for follow up. Please also indicate
whether you would like to provide public comment

during the meeting, and whether you are submitting written comments at
the time of registration.

A. Public Comment

    The WHEJAC is interested in receiving public comments specific to
the development of an annual public performance scorecard and the types
of indicators or data that would be useful in a scorecard. This
scorecard will provide a method for evaluation and accountability to
assess progress on agencies' progress in addressing historic
environmental justice. Every effort will be made to hear from as many
registered public commenters during the time specified on the agenda.
Individuals or groups making remarks during the public comment period
will be limited to three (3) minutes. Please be prepared to briefly
describe your issue and what you want the WHEJAC to advise CEQ and IAC
to do. Submitting written comments for the record are strongly
encouraged. You can submit your written comments in three different
ways, (1.) by creating comments in the Docket ID No. EPA-HQ-OA-2022-
0050 at http://www.regulations.gov, (2.) by using the webform at
https://www.epa.gov/environmentaljustice/white-house-environmental-justice-advisory-council#whejacmeeting, and (3.) by sending comments
via email to [email protected] . Written comments can be submitted through
March 10, 2022.

B. Information About Services for Individuals With Disabilities or
Requiring English Language Translation Assistance

    For information about access or services for individuals requiring
assistance, please contact Karen L. Martin, via email at [email protected]
or contact by phone at<PHONE_NUMBER>. To request special
accommodations for a disability or other assistance, please submit your
request at least seven (7) working days prior to the meeting, to give
EPA sufficient time to process your request. All requests should be
sent to the email listed in the FOR FURTHER INFORMATION CONTACT
section.

Matthew Tejada,
Director for the Office of Environmental Justice.
[FR Doc. 2022-03262 Filed 2-15-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55209-55210]
[FR Doc No: 2016-19668]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final notice.

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

SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a 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 Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The effective date of November 4, 2016 which has been
established for the FIRM and, where applicable, the supporting FIS
report showing the new or modified flood hazard information for each
community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at www.msc.fema.gov by the effective date indicated
above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Mitigation has resolved any appeals
resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

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

    Dated: August 3, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

----------------------------------------------------------------------------------------------------------------
                       Community                                     Community map repository address
----------------------------------------------------------------------------------------------------------------
                                 Sarasota County, Florida and Incorporated Areas
                                             Docket No.: FEMA-B-1461
----------------------------------------------------------------------------------------------------------------
City of North Port.....................................  Building Office, 4970 City Hall Boulevard, North Port,
                                                          FL 34286.
City of Sarasota.......................................  City Hall, 1565 1st Street, Sarasota, FL 34236.
City of Venice.........................................  City Hall, 401 West Venice Avenue, Venice, FL 34285.
Town of Longboat Key...................................  Public Works Department, 600 General Harris Street,
                                                          Longboat Key, FL 34228.

Unincorporated Areas of Sarasota County................  Sarasota County Zoning Department, 1001 Sarasota Center
                                                          Boulevard, Sarasota, FL 34240.
----------------------------------------------------------------------------------------------------------------
                               Plymouth County, Massachusetts (All Jurisdictions)
                                             Docket No.: FEMA-B-1326
----------------------------------------------------------------------------------------------------------------
Town of Duxbury........................................  Town Hall, 878 Tremont Street, Duxbury, MA 02332.
Town of Kingston.......................................  Town Hall, 26 Evergreen Street, Kingston, MA 02364.
Town of Marshfield.....................................  Town Hall, 870 Moraine Street, Marshfield, MA 02050.
Town of Norwell........................................  Town Hall, 345 Main Street, Norwell, MA 02061.
Town of Plymouth.......................................  Town Hall, 11 Lincoln Street, Plymouth, MA 02360.
Town of Scituate.......................................  Town Hall, 600 Chief Justice Cushing Highway, Scituate,
                                                          MA 02066.
----------------------------------------------------------------------------------------------------------------
                              Bernalillo County, New Mexico and Incorporated Areas
                                             Docket No.: FEMA-B-1523
----------------------------------------------------------------------------------------------------------------
City of Albuquerque....................................  Development Review Services Division, 600 2nd Street
                                                          Northwest, Suite 201, Albuquerque, NM 87102.
Unincorporated Areas of Bernalillo County..............  Bernalillo County Public Works Division, 2400 Broadway
                                                          Southeast, Albuquerque, NM 87102.
----------------------------------------------------------------------------------------------------------------
                                San Patricio County, Texas and Incorporated Areas
                                             Docket No.: FEMA-B-1510
----------------------------------------------------------------------------------------------------------------
City of Aransas Pass...................................  City Hall, 600 West Cleveland Boulevard, Aransas Pass,
                                                          TX 78336.
City of Gregory........................................  City Hall, 204 West 4th Street, Gregory, TX 78359.
City of Ingleside......................................  City Hall Annex, 2665 San Angelo Street, Ingleside, TX
                                                          78362.
City of Ingleside on the Bay...........................  Ingleside on the Bay City Hall, 475 Starlight Drive,
                                                          Ingleside, TX 78362.
City of Lake City......................................  City Hall, 132 Cox Drive, Lake City, TX 78368.
City of Lakeside.......................................  Community Center, 101 Weber Lane, Lakeside, TX 78368.
City of Mathis.........................................  City Hall, 411 East San Patricio Avenue, Mathis, TX
                                                          78368.
City of Odem...........................................  City Hall, 514 Voss Avenue, Odem, TX 78370.
City of Portland.......................................  Public Works, 1101 Moore Avenue, Portland, TX 78374.
City of San Patricio...................................  City Hall, 4516 Main Street, San Patricio, TX 78368.
City of Sinton.........................................  City Hall, 301 East Market Street, Sinton, TX 78387.
City of Taft...........................................  City Hall, 501 Green Avenue, Taft, TX 78390.
Unincorporated Areas of San Patricio County............  Plymouth Annex Building, 313 North Rachal Avenue,
                                                          Sinton, TX 78387.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-19668 Filed 8-17-16; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register: May 12, 2006 (Volume 71, Number 92)]
[Notices]
[Page 27750-27754]
[DOCID:fr12my06-109]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 27314; 812-13157]

Vanguard Index Funds, et al.; Notice of Application

May 5, 2006.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 12(d)(1)(J)
of the Investment Company Act of 1940 (the ``Act'') for exemption from
sections 12(d)(1)(A) and (B) of the Act and under sections 6(c) and
17(b) of the Act for an exemption from section 17(a) of the Act.

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    Summary of the Application: The order would permit certain
registered management investment companies and unit investment trusts
to acquire shares of other registered open-end management investment
companies that issue an exchange-traded class of shares and that are
within or outside the same group of investment companies. The order
would also amend a condition in two prior orders.
    Applicants: Vanguard Index Funds, Vanguard International Equity
Index Funds, Vanguard World Funds, Vanguard Specialized Funds
(collectively, the ``Trusts''), The Vanguard Group, Inc. (``VGI'') and
Vanguard Marketing Corporation (``VMC'').

DATES: Filing Dates: The application was filed on January 21, 2005, and
amended on August 4, 2005 and March 17, 2006. Applicants have agreed to
file an amendment during the notice period, the substance of which is
reflected in the notice.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicant with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on May 30, 2006, 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, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants, P.O. Box 2600, Mail
Stop V26, Valley Forge, PA 19482.

FOR FURTHER INFORMATION CONTACT: Keith A. Gregory, Senior Counsel, at
(202) 551-6815, and Michael W. Mundt, Senior Special Counsel, at (202)
551-6821 (Office of Investment Company Regulation, Division of
Investment Management).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Branch, 100 F Street, NE., Washington, DC
20549-0102 (tel.<PHONE_NUMBER>).

Applicants' Representations

    1. The Trusts are open-end management investment companies
registered under the Act and organized as Delaware statutory trusts.
Each of the Trusts has, or intends to have, at least one portfolio that
issues a class of exchange-traded shares known as ``VIPER Shares''
(such portfolios referred to as ``VIPER Funds'').\1\ VGI is a
Pennsylvania corporation that is registered as an investment adviser
under the Investment Advisers Act of 1940 (``Advisers Act'') and
provides advisory services to each of the VIPER Funds. VMC, a wholly
owned subsidiary of VGI, is a broker-dealer registered under the
Securities Exchange Act of 1934 (``Exchange Act'') and provides all
distribution and marketing services to the VIPER Funds.
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    \1\ VIPER Funds created in the future, or existing investment
companies that commence issuing VIPER Shares in the future may be
organized as portfolios of registrants other than the Trusts that
are parties to the application. Future VIPER Funds that rely on the
requested order will (i) be open-end management investment companies
in the same ``group of investment companies,'' within the meaning of
section 12(d)(1)(G)(ii) of the Act, as the existing VIPER Funds,
(ii) be advised by VGI, and (iii) comply with the terms and
conditions of the application.
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    2. Applicants request an exemption to permit: (i) Certain
management investment companies and unit investment trusts (``Investing
Funds'') to acquire shares of a VIPER Fund beyond the limitations in
section 12(d)(1)(A), and (ii) a VIPER Fund to sell its shares, or VMC
or a broker-dealer registered under the Exchange Act (``Broker'') to
sell a VIPER Fund's shares, to an Investing Fund beyond the limits of
section 12(d)(1)(B).\2\ Applicants also seek an exemption from section
17(a) of

the Act to permit a VIPER Fund to sell its shares to, and redeem its
shares from, an Investing Fund of which the VIPER Fund is an affiliated
person, or an affiliated person of an affiliated person.\3\
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    \2\ VIPER Funds issue multiple classes of shares including the
VIPER Shares, and the relief requested in the application would
apply to all share classes issued by a VIPER Fund, not just VIPER
Shares. However, applicants expect Investing Funds to purchase VIPER
Shares, not any of the other share classes issued by the VIPER
Funds.
    \3\ 3 Applicants expect that the VIPER Shares generally will be
purchased in the secondary market through Brokers and would not
involve a sale by the VIPER Funds or VMC.
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    3. Investing Funds may be investment companies within the Vanguard
group of investment companies (``Investing Vanguard Funds'') or outside
the Vanguard group of investment companies (``Investing Non-Vanguard
Funds'').\4\ Investing Funds that are organized as management
investment companies are referred to as ``Investing Management
Companies.'' Investing Management Companies that are not part of the
Vanguard group of investment companies are referred to as ``Investing
Non-Vanguard Management Companies.'' Investing Funds that are unit
investment trusts are referred to as ``Investing UITs.'' Each Investing
Management Company will be advised by an investment adviser that is
registered under the Advisers Act or exempt from registration
(``Advisor'') and may be advised by investment adviser(s) within the
meaning of section 2(a)(20)(B) of the Act (each, a ``Subadvisor'').
Each Investing UIT will have a Sponsor (``Sponsor'').
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    \4\ All investment companies that currently intend to rely on
the requested order are named as applicants. Any other investment
company that relies on the order in the future will comply with the
terms and conditions of the application. An Investing Non-Vanguard
Fund may rely on the requested order only to invest in the VIPER
Funds and not in any other registered investment company.
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    4. Applicants state that the VIPER Funds will offer the Investing
Funds simple and efficient vehicles to achieve their asset allocation,
diversification, and other investment objectives and to implement
various investment strategies. Among other purposes, applicants assert
that the VIPER Funds provide highly liquid exposure to a broad range of
markets, sectors, and geographic regions, and permit investors to
achieve such exposure through a single transaction instead of the many
transactions that might otherwise be needed to obtain comparable market
exposure.

Applicants' Legal Analysis

A. Section 12(d)(1)

    1. Section 12(d)(1)(A) of the Act prohibits a registered investment
company from acquiring shares of an investment company if the
securities represent more than 3% of the total outstanding voting stock
of the acquired company, more than 5% of the total assets of the
acquiring company, or, together with the securities of any other
investment companies, more than 10% of the total assets of the
acquiring company. Section 12(d)(1)(B) of the Act prohibits a
registered open-end investment company, its principal underwriter, or
any Broker from selling its shares to another investment company if the
sale will cause the acquiring company to own more than 3% of the
acquired company's voting stock, or if the sale will cause more than
10% of the acquired company's voting stock to be owned by investment
companies generally. Section 12(d)(1)(J) of the Act provides that the
Commission may exempt any person, security, or transaction, or any
class or classes of persons, securities or transactions, from any
provision of section 12(d)(1) if the exemption is consistent with the
public interest and the protection of investors.
    2. Applicants assert that the proposed transactions will not lead
to any of the abuses that section 12(d)(1) was designed to prevent.
Applicants submit that the proposed conditions to the requested relief
address the concerns underlying the limits in section 12(d)(1), which
include concerns about undue influence, excessive layering of fees and
overly complex structures.
    3. Applicants state that the proposed arrangement will not result
in undue influence by an Investing Non-Vanguard Fund or its affiliates
over a VIPER Fund. To limit the control that an Investing Non-Vanguard
Fund may have over a VIPER Fund, applicants propose a condition
prohibiting the Investing Non-Vanguard Fund's Advisor or Sponsor; any
person controlling, controlled by, or under common with the Investing
Non-Vanguard Fund's Advisor or Sponsor, and any investment company and
any issuer that would be an investment company but for section 3(c)(1)
or 3(c)(7) of the Act that is advised or sponsored by the Investing
Non-Vanguard Fund's Advisor or advised or sponsored by the Sponsor, or
any person controlling, controlled by, or under common control with the
Investing Non-Vanguard Fund's Advisor or Sponsor (``Investing Non-
Vanguard Fund's Advisory Group'') from controlling (individually or in
the aggregate) a VIPER Fund within the meaning of section 2(a)(9) of
the Act. The same prohibition would apply to any Investing Non-Vanguard
Fund's Subadvisor; any person controlling, controlled by, or under
common control with the Investing Non-Vanguard Fund's Subadvisor; and
any investment company and any issuer that would be an investment
company but for section 3(c)(1) or 3(c)(7) of the Act (or portion of
such investment company or issuer) that is advised or sponsored by the
Investing Non-Vanguard Fund's Subadvisor or any person controlling,
controlled by, or under common control with the Investing Non-Vanguard
Fund's Subadvisor (``Investing Non-Vanguard Fund's Subadvisory
Group'').
    4. To limit further the potential for undue influence by an
Investing Non-Vanguard Fund over a VIPER Fund, applicants propose
conditions 2 through 7, stated below, to preclude an Investing Non-
Vanguard Fund and certain of its affiliates from taking advantage of a
VIPER Fund and certain VIPER Fund affiliates with respect to
transactions between the entities and to ensure the transactions will
be on an arm's length basis. Applicants note that a VIPER Fund may
choose to reject any direct purchase of VIPER Shares by an Investing
Fund.\5\
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    \5\ A VIPER Fund would retain its right to reject any initial
investment by an Investing Non-Vanguard Fund in excess of the limits
in section 12(d)(1)(A) by declining to execute an Investing
Agreement (as defined below) with the Investing Non-Vanguard Fund.
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    5. Applicants do not believe that the proposed arrangement will
involve excessive layering of fees. The board of directors or trustees
of each Investing Management Company, including a majority of the
disinterested directors or trustees, before approving any advisory
contract under section 15 of the Act, will be required to determine
that the advisory fees charged to the Investing Management Company are
based on services provided that will be in addition to, rather than
duplicative of, the services provided under the advisory contract(s) of
any VIPER Fund in which the Investing Management Company may invest. In
addition, the Advisor, trustee or Sponsor of an Investing Non-Vanguard
Fund, as applicable, will waive fees otherwise payable to it by the
Investing Non-Vanguard Fund in an amount at least equal to any
compensation received from a VIPER Fund by the Advisor, trustee or
Sponsor, or an affiliated person of the Advisor, trustee or Sponsor
(other than any advisory fees), in connection with the investment by
the Investing Non-Vanguard Fund in the VIPER Funds. Applicants also
state that any sales charges and/or service fees charged with respect
to shares of an Investing Fund will not exceed the limits applicable to
a fund of funds set forth in Conduct Rule 2830 of National Association
of Securities Dealers (``NASD Conduct Rules'').
    6. Applicants submit that the proposed arrangement will not create
an overly complex fund structure.

Applicants note that a VIPER Fund will be prohibited from acquiring
securities of any investment company, or of any company relying on
sections 3(c)(1) or 3(c )(7) of the Act, in excess of the limits
contained in section 12(d)(1)(A) of the Act, except to the extent
permitted by an exemptive order that allows the VIPER Fund to purchase
shares of an affiliated money market fund for short-term cash
management purposes.
    7. To ensure that Investing Non-Vanguard Funds are aware of the
terms and conditions of the requested order, the Investing Non-Vanguard
Funds must enter into an agreement with the respective VIPER Funds
(``Investing Agreement''). The Investing Agreement will include an
acknowledgement from the Investing Non-Vanguard Fund that it may rely
on the order only to invest in the VIPER Funds and not in any other
investment company. The Investing Agreement will further require any
Non-Vanguard Investing Fund that exceeds the 5% or 10% limitations in
section 12(d)(1)(A)(ii) and (iii) to disclose in its prospectus the
unique characteristics of the Investing Funds investing in investment
companies, including but not limited to the expense structure and any
additional expenses of investing in investment companies.

B. Section 17(a)

    1. Section 17(a) of the Act generally prohibits an affiliated
person of a registered investment company or an affiliated person of
such person, from selling any security to or purchasing any security
from the company. Section 2(a)(3) of the Act defines an ``affiliated
person'' of another person to include any person 5% or more of whose
outstanding voting securities are directly or indirectly owned,
controlled, or held with power to vote by the other person, and any
person directly or indirectly controlling, controlled by, or under
common control with the other person. Applicants request an exemption
to permit a VIPER Fund that is an affiliated person of an Investing
Fund to sell its shares to and purchase its shares from an Investing
Fund.
    2. Section 17(b) of the Act authorizes the Commission to grant an
order permitting a transaction otherwise prohibited by section 17(a) if
evidence establishes that (a) The terms of the proposed transaction are
reasonable and fair and do not involve overreaching on the part of any
person concerned; (b) the proposed transaction is consistent with the
policies of each registered investment company involved; and (c) the
proposed transaction is consistent with the general purposes of the
Act. Section 6(c) of the Act permits the Commission to exempt any
person or transactions from any provision of the Act if such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act.
    3. Applicants submit that the proposed arrangement satisfies the
standards for relief under sections 17(b) and 6(c) of the Act.
Applicants submit that the proposed transactions are appropriate in the
public interest, consistent with the protection of investors, and do
not involve overreaching. Applicants note that the consideration paid
for the purchase or received for the redemption of shares directly from
a VIPER Fund by an affiliated Investing Fund (or any other investor)
will be based on the net asset value of the shares of the VIPER Funds.
Applicants also state that the proposed transactions will be consistent
with the policies of each Investing Fund and VIPER Fund and with the
general purposes of the Act. Applicants state that the Investing
Agreement will require an Investing Non-Vanguard Fund to represent that
its ownership of shares issued by a VIPER Fund is consistent with the
investment policies set forth in the Investing Non-Vanguard Fund's
registration statement.

C. Prior Orders

    Applicants also seek to amend a condition to certain prior
exemptive orders (``Prior Orders'') so that the condition is consistent
with the relief requested from section 12(d)(1).\6\ Existing condition
2 to each of the Prior Orders currently provides that each VIPER Shares
prospectus (``VIPER Shares Prospectus'') and Product Description will
clearly disclose that, for purposes of the Act, VIPER Shares are issued
by the VIPER Fund and that the acquisition of VIPER Shares by
investment companies is subject to the restrictions of section 12(d)(1)
of the Act.\7\ In light of the requested order to permit Investing
Funds to invest in VIPER Funds in excess of the limits of section
12(d)(1), applicants wish to replace this condition in the Prior Orders
with condition 14, as stated below. Under the new condition, each VIPER
Shares Prospectus and Product Description will disclose that Investing
Funds may purchase shares of the VIPER Funds in excess of the limits of
section 12(d)(1) to the extent that they comply with the terms and
conditions of the requested order granting relief from section
12(d)(1).
---------------------------------------------------------------------------

    \6\ The Prior Orders are Vanguard International Equity Index
Funds, et al., Investment Company Act Release Nos. 26246 (Nov. 3,
2003) (notice) and 26281 (Dec. 1, 2003) (order) and Vanguard Index
Funds, et al., Investment Company Act Release Nos. 24680 (Oct. 6,
2000) (notice) and 24789 (Dec. 12, 2000) (order).
    \7\ A ``Product Description'' is a document that provides a
plain English overview of VIPER Shares and the VIPER Fund that
issues them. The Product Description is delivered by broker-dealers
to secondary market purchases of VIPER Shares.
---------------------------------------------------------------------------

Applicants' Conditions

    Applicants agree that the order granting the requested relief will
be subject to the following conditions:
    1. The members of the Investing Non-Vanguard Fund's Advisory Group
will not control (individually or in the aggregate) a VIPER Fund within
the meaning of Section 2(a)(9) of the Act. The members of the Investing
Non-Vanguard Fund's Subadvisory Group will not control (individually or
in the aggregate) a VIPER Fund within the meaning of Section 2(a)(9) of
the Act. If, as a result of a decrease in the outstanding voting
securities of a VIPER Fund, an Investing Non-Vanguard Fund's Advisory
Group or Investing Non-Vanguard Fund's Subadvisory Group, each in the
aggregate, becomes a holder of more than 25 percent of the outstanding
voting securities of a VIPER Fund, it will vote its shares of the VIPER
Fund in the same proportion as the vote of all other holders of the
VIPER Fund's shares. This condition does not apply to the Investing
Non-Vanguard Fund's Subadvisory Group with respect to a VIPER Fund for
which the Subadvisor or a person controlling, controlled by, or under
common control with the Subadvisor, acts as the investment adviser
within the meaning of section 2(a)(20)(A) of the Act.
    2. No Investing Non-Vanguard Fund or Investing Non-Vanguard Fund
Affiliate will cause any existing or potential investment by the
Investing Non-Vanguard Fund in a VIPER Fund to influence the terms of
any services or transactions between the Investing Non-Vanguard Fund or
Investing Non-Vanguard Fund Affiliate and a VIPER Fund or a VIPER Fund
Affiliate. An ``Investing Non-Vanguard Fund Affiliate'' means an
Investing Non-Vanguard Fund's Advisor, Subadvisor, Sponsor, promoter,
or principal underwriter, or any person controlling, controlled by, or
under common control with any of those entities. A ``VIPER Fund
Affiliate'' means a VIPER Fund's investment adviser(s), promoter or
principal underwriter and any person controlling, controlled by, or
under common control with any of those entities.
    3. The board of directors or trustees of an Investing Non-Vanguard

Management Company, including a majority of the disinterested directors
or trustees, will adopt procedures reasonably designed to assure that
the Advisor and any Subadvisor are conducting the investment program of
the Investing Non-Vanguard Management Company without taking into
account any consideration received by the Investing Non-Vanguard
Management Company or an Investing Non-Vanguard Fund Affiliate from a
VIPER Fund or a VIPER Fund Affiliate in connection with any services or
transactions.
    4. Once an investment by an Investing Non-Vanguard Fund in the
securities of a VIPER Fund exceeds the limit in section 12(d)(1)(A)(i)
of the Act, the board of directors or trustees of the VIPER Fund,
including a majority of the disinterested board members, will determine
that any consideration paid by the VIPER Fund to the Investing Non-
Vanguard Fund or an Investing Non-Vanguard Fund Affiliate in connection
with any services or transactions: (i) Is fair and reasonable in
relation to the nature and quality of the services and benefits
received by the VIPER Fund; (ii) is within the range of consideration
that the VIPER Fund would be required to pay to another unaffiliated
entity in connection with the same services or transactions: and (iii)
does not involve overreaching on the part of any person concerned. This
condition does not apply with respect to any services or transactions
between a VIPER Fund and its investment adviser(s), or any person
controlling, controlled by, or under common control with such
investment adviser(s).
    5. No Investing Non-Vanguard Fund or Investing Non-Vanguard Fund
Affiliate (except to the extent it is acting in its capacity as an
investment adviser to a VIPER Fund) will cause a VIPER Fund to purchase
a security in an offering of securities during the existence of any
underwriting or selling syndicate of which a principal underwriter is
an officer, director, member of an advisory board, Advisor, Subadvisor,
employee, or Sponsor of the Investing Non-Vanguard Fund, or a person of
which any such officer, director, member of an advisory board, Advisor,
Subadvisor, employee, or Sponsor is an affiliated person (each, an
``Underwriting Affiliate,'' except any person whose relationship to the
VIPER Fund is covered by Section 10(f) of the Act is not an
Underwriting Affiliate). An offering of securities during the existence
of any underwriting or selling syndicate of which a principal
underwriter is an Underwriting Affiliate is an ``Affiliated
Underwriting.''
    6. The board of a VIPER Fund, including a majority of the
disinterested board members, will adopt procedures reasonably designed
to monitor any purchases of securities by the VIPER Fund in an
Affiliated Underwriting, once an investment by an Investing Non-
Vanguard Fund in the securities of the VIPER Fund exceeds the limit in
Section 12(d)(1)(A)(i) of the Act, including any purchases made
directly from an Underwriting Affiliate. The board of the VIPER Fund
will review these purchases periodically, but no less frequently than
annually, to determine whether the purchases were influenced by the
investment by the Investing Non-Vanguard Fund in the VIPER Fund. The
board of the VIPER Fund will consider, among other things: (i) Whether
the purchases were consistent with the investment objectives and
policies of the VIPER Fund; (ii) how the performance of securities
purchased in an Affiliated Underwriting compares to the performance of
comparable securities purchased during a comparable period of time in
underwritings other than Affiliated Underwritings or to a benchmark
such as a comparable market index; and (iii) whether the amount of
securities purchased by the VIPER Fund in Affiliated Underwritings and
the amount purchased directly from an Underwriting Affiliate have
changed significantly from prior years. The board of the VIPER Fund
will take any appropriate actions based on its review, including, if
appropriate, the institution of procedures designed to assure that
purchases of securities in Affiliated Underwritings are in the best
interests of shareholders.
    7. The VIPER Fund will maintain and preserve permanently in an
easily accessible place a written copy of the procedures described in
the preceding condition, and any modifications to such procedures, and
will maintain and preserve for a period of not less than six years from
the end of the fiscal year in which any purchase in an Affiliated
Underwriting occurred, the first two years in an easily accessible
place, a written record of each purchase of securities in Affiliated
Underwritings once an investment by an Investing Fund in the securities
of the VIPER Fund exceeds the limit of Section 12(d)(1)(A)(i) of the
Act, setting forth from whom the securities were acquired, the identity
of the underwriting syndicate's members, the terms of the purchase, and
the information or materials upon which the determinations of the board
of the VIPER Fund were made.
    8. Before investing in a VIPER Fund in excess of the limits in
Section 12(d)(1)(A), each Investing Non-Vanguard Fund and the VIPER
Fund will execute an agreement stating, without limitation, that their
boards of directors or trustees and their investment advisers, or
Sponsor and trustee, as applicable, understand the terms and conditions
of the order, and agree to fulfill their responsibilities under the
order. At the time of its investment in shares of a VIPER Fund in
excess of the limit in Section 12(d)(1)(A)(i), an Investing Non-
Vanguard Fund will notify the VIPER Fund of the investment. At such
time, the Investing Non-Vanguard Fund will also transmit to the VIPER
Fund a list of each Investing Non-Vanguard Fund Affiliate and
Underwriting Affiliate. The Investing Non-Vanguard Fund will notify the
VIPER Fund of any changes to the list of names as soon as reasonably
practicable after a change occurs. The VIPER Fund and the Investing
Non-Vanguard Fund will maintain and preserve a copy of the order, the
agreement, and the list with any updated information for the duration
of the investment and for a period of not less than six years
thereafter, the first two years in an easily accessible place.
    9. Before approving any advisory contract under Section 15 of the
Act, the board of directors or trustees of each Investing Management
Company, including a majority of the disinterested directors or
trustees, will find that the advisory fees charged under such advisory
contract are based on services provided that will be in addition to,
rather than duplicative of, the services provided under the advisory
contract(s) of any VIPER Fund in which the Investing Management Company
may invest. These findings and their basis will be recorded fully in
the minute books of the appropriate Investing Management Company.
    10. The Advisor, trustee or Sponsor, as applicable, will waive fees
otherwise payable to it by an Investing Non-Vanguard Fund, in an amount
at least equal to any compensation received from a VIPER Fund by the
Advisor, trustee or Sponsor, or an affiliated person of the Advisor,
trustee or Sponsor, other than any advisory fees paid to the Advisor,
trustee or Sponsor or its affiliated person by the VIPER Fund, in
connection with the investment by the Investing Non-Vanguard Fund in
the VIPER Fund. Any Subadvisor will waive fees otherwise payable to the
Subadvisor, directly or indirectly, by the Investing Non-Vanguard
Management Company in an

amount at least equal to any compensation received from a VIPER Fund by
the Subadvisor or an affiliated person of the Subadvisor, other than
any advisory fees paid to the Subadvisor or its affiliated person by
the VIPER Fund, in connection with the investment by the Investing Non-
Vanguard Management Company in the VIPER Fund made at the direction of
the Subadvisor. In the event that the Subadvisor waives fees, the
benefit of the waiver will be passed through to the Investing Non-
Vanguard Management Company.
    11. Any sales charges and/or service fees charged with respect to
shares of an Investing Fund will not exceed the limits applicable to a
fund of funds as set forth in Conduct Rule 2830 of the National
Association of Securities Dealers.
    12. No VIPER Fund will acquire securities of any investment
company, or of any company relying on Sections 3(c)(1) or 3(c)(7) of
the Act, in excess of the limits contained in Section 12(d)(1)(A) of
the Act, except to the extent permitted by an exemptive order that
allows the VIPER Fund to purchase shares of an affiliated fund for
short-term cash management purposes.
    13. The board of any Investing Management Company and any VIPER
Fund will satisfy the fund governance standards as defined in Rule 0-
1(a)(7) under the Act by the date on which the Investing Non-Vanguard
Management Company and the VIPER Fund execute an Investing Agreement.

Amendment to Prior Orders

    Applicants agree to replace condition 2 of the Prior Orders with
the following condition:
    14. Each VIPER Shares Prospectus and Product Description will
clearly disclose that, for purposes of the Act, VIPER Shares are issued
by a VIPER Fund, which is a registered investment company, and that the
acquisition of VIPER Shares by investment companies is subject to the
restrictions of Section 12(d)(1) of the Act, except as permitted by an
exemptive order that permits registered investment companies to invest
in a VIPER Fund beyond the limits of Section 12(d)(1), subject to
certain terms and conditions.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Nancy M. Morris,
Secretary.
 [FR Doc. E6-7258 Filed 5-11-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Notices]
[Page 8829]
[FR Doc No: 2017-02038]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD15-10-000]

Notice of Availabilty of the Revised Guidelines for Reporting on
Cultural Resources Investigations for Natural Gas Projects and Request
for Comments

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) is revising its Guidelines for Reporting on Cultural
Resources Investigations for Pipeline Projects, dated December 2002.
Based on comments received in the above-referenced docket,\1\ the staff
has revised the Guidelines and comments are now requested on this draft
document from federal and state agencies, Native American tribes,
environmental consultants, inspectors, natural gas industry,
construction contractors, and other interested parties with special
expertise with respect to historic and cultural resources commonly
associated with natural gas pipeline projects. A 60-day public comment
period is allotted to collect comments. Please note that this comment
period will close on March 26, 2017.
---------------------------------------------------------------------------

    \1\ A Notice of Intent to Update the Guidelines for Reporting on
Cultural Resources Investigations for Pipeline Projects and Request
for Comments was issued on April 21, 2015 under Docket Number AD15-
10.
---------------------------------------------------------------------------

    Interested parties can help the Commission staff determine the
appropriate updates and improvements by providing meaningful comments
or suggestions that focus on the specific sections requiring
clarification; updates to reflect current laws and regulations; or
improved measures to avoid or minimize impacts on historic or cultural
resources. The more specific your comments, the more useful they will
be. A detailed explanation of your submissions and/or any references of
scientific studies associated with your comments will greatly help us
with this process. We will consider all timely comments on the revised
Guidelines before issuing the final version.
    The FERC staff provided copies of the revised Guidelines to federal
and state agencies, Native American tribes, environmental consultants,
inspectors, natural gas industry, construction contractors, and other
interested parties. In addition, the revised Guidelines is available
for public viewing on the FERC's Web site (www.ferc.gov) using the
eLibrary link.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the docket number (AD15-10-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making,
select ``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    All of the information related to the proposed updates to the
Guidelines and submitted comments can be found on the FERC Web site
(www.ferc.gov) using the eLibrary link. Click on the eLibrary link,
click on ``General Search'' and enter the docket number, excluding the
last three digits in the Docket Number field (i.e., AD15-10). Be sure
you have selected an appropriate date range. For assistance, please
contact FERC Online Support at<EMAIL_ADDRESS>or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>. The eLibrary
link also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: January 25, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-02038 Filed 1-30-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Page 34786]
[FR Doc No: 2015-14854]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0044]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal
Regulations (CFR), this provides the public notice that by a document
dated May 4, 2015, Siemens Industry, Inc. has petitioned the Federal
Railroad Administration (FRA) for a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR 232.409(d). FRA assigned the petition docket number FRA-2015-0044.
    Siemens Industry, Inc. (Siemens) is submitting a request for a
waiver of compliance from 49 CFR 232.409(d)--Inspection and Testing of
End-of-Train Devices. Siemens manufactures railroad electronics,
including end-of-train (EOT) devices. In its waiver request, Siemens
states that thousands of its EOT devices are deployed by Class 1 and
short line railroads.
    Specifically, Siemens is seeking the waiver for two EOT models:
Q3920 and R3930 (the dual air pipe version of Q3920). The Q3920 and
R3930 EOT devices use a Ritron DTX-445 radio. Previously, Ritron has
received a waiver of compliance from 49 CFR 232.409(d) for their DTX-
445 radio (see Docket Number FRA-2009-0015). Siemens requests a waiver
from 49 CFR 232.409(d), similar to the waiver granted to Ritron in
Docket Number FRA-2009-0015. Siemens asserts that as long as the waiver
in FRA-2009-0015 is valid, Siemens EOT devices using the Ritron DTX-445
radio should also be permitted to take advantage of the waiver since
there are no components in the EOT device with an annual calibration
requirement and there are no adjustable components that can affect
radio performance.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the Department of Transportation's
Docket Operations Facility, 1200 New Jersey Ave. SE., W12-140,
Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by August 3, 2015 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

    Issued in Washington, DC, on June 11, 2015.
Ron Hynes,
Director of Technical Oversight.
[FR Doc. 2015-14854 Filed 6-16-15; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: November 13, 2008 (Volume 73, Number 220)]
[Notices]
[Page 67151]
[DOCID:fr13no08-29]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12562-001]

Warmsprings Irrigation District; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comment, Motions To
Intervene, and Competing Applications

November 5, 2008.
    Warmsprings Irrigation District filed an application on March 3,
2008, pursuant to section 4(f) of the Federal Power Act, proposing to
study the feasibility of 2.5-megawatt (MW) Warmsprings Dam
Hydroelectric Project. The project would be located on the Malheur
River, in Malheur County, Oregon, on U.S. Bureau of Reclamation lands.
The proposed project would utilize federal lands.
    The proposed Warmsprings Dam Hydroelectric Project would use the
U.S. Bureau of Reclamation' Warmsprings Dam and would consist of: (1) A
proposed intake structure; (2) a proposed 100-foot-long, 5-foot-
diameter steel penstock; (3) a proposed powerhouse containing one
generating unit having a total installed capacity of 2.5 MW; (4) a
proposed 100-foot-long, 15-kV transmission line; and (5) appurtenant
facilities.
    Applicant Contact: Mr. Brent Smith, Chief Operating Officer,
Symbiotics, LLC., P.O. Box 535, Rigby, Idaho 83442; phone: (208) 745-
0834. FERC Contact: Tom Papsidero,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
12562-001) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-26896 Filed 11-12-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Proposed Rules]
[Pages 73717-73718]
[FR Doc No: 2021-27940]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1148; Airspace Docket No. 21-AGL-38]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Springfield, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace at
Springfield, OH. The FAA is proposing this action due to an airspace
review conducted as part of the decommissioning of the Springfield very
high frequency (VHF) omnidirectional range (VOR) as part of the VOR
Minimal Operational Network (MON) Program.

DATES: Comments must be received on or before February 11, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-1148/Airspace Docket No. 21-AGL-38 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://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. FAA Order JO 7400.11F is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of FAA Order JO 7400.11F at NARA, email:
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

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
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 amend the Class E airspace extending upward from 700 feet
above the surface at Springfield-Beckley Municipal Airport,
Springfield, OH, to support instrument flight rule operations at this
airport.

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 and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2021-1148/
Airspace Docket No. 21-AGL-38.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. 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 https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://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 the ``ADDRESSES'' section for the 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 Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by amending the
Class E airspace extending upward from 700 feet above the surface at
Springfield-Beckley Municipal Airport, Springfield, OH, by removing the
Clark County NDB and associated extension from the airspace legal
description as they are no longer needed.
    This action is due to an airspace review conducted as part of the
decommissioning of the Springfield VOR, which provided navigation
information for the instrument procedures at this airport, as part of
the VOR MON Program.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is

published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
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 rule, when promulgated, would 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

    Accordingly, pursuant to the authority delegated to me, 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 14 CFR 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.

71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:
    Paragraph 6005. Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.
* * * * *

AGL OH E5 Springfield, OH [Amended]

    Springfield-Beckley Municipal Airport, OH
    (lat. 39[deg]50'25'' N, long. 83[deg]50'25'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of Springfield-Beckley Municipal Airport.

    Issued in Fort Worth, Texas, on December 20, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-27940 Filed 12-27-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40749-40750]
[FR Doc No: 2014-16348]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14361-001]

Commission of Public Works of the City of Spartanburg, South
Carolina; Notice of Intent To File License Application, Filing of Pre-
Application Document, and Approving Use of the Traditional Licensing
Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 14361-001.
    c. Date Filed: May 27, 2014.
    d. Submitted By: Commission of Public Works of the City of
Spartanburg, South Carolina (Spartanburg Water System).
    e. Name of Project: Bowen Hydroelectric Project.
    f. Location: At the existing Lake Bowen Dam on the South Pacolet
River, in Spartanburg County, South Carolina. No federal lands are
occupied by the project works or located within the project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Ken Tuck, Spartanburg Water System,
200 Commerce Street, P.O. Box 251, Spartanburg, South Carolina 29304;
(864) 580-5642<EMAIL_ADDRESS>    i. FERC Contact: Rachel McNamara at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Spartanburg Water System filed its request to use the
Traditional Licensing Process on May 27, 2013. Spartanburg Water System
provided public notice of its request on May 25, 2013. In a letter
dated July 7, 2014, the Director of the

Division of Hydropower Licensing approved Spartanburg Water System's
request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the South Carolina State Historic Preservation
Officer, as required by section 106, National Historical Preservation
Act, and the implementing regulations of the Advisory Council on
Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Spartanburg Water System as
the Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act and
section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act; and consultation pursuant to section 106 of the
National Historic Preservation Act.
    m. Spartanburg Water System filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

     Dated: July 7, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-16348 Filed 7-11-14; 8:45 am]
BILLING CODE 6717-01-P