[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Page 51042]
[FR Doc No: 2018-22123]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Sunshine Act Meetings; Unified Carrier Registration Plan Board of
Directors

TIME AND DATE: The meeting will be held on October 25, 2018, from 12:00
to 3:00 p.m., Eastern Daylight Time.

PLACE: This meeting will be open to the public via conference call. Any
interested person may call 1-866-210-1669, passcode 5253902#, to listen
and participate in this meeting.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board
of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement and to
that end, may consider matters properly before the Board. An agenda for
this meeting will be available no later than 5:00 p.m. Eastern Daylight
Time, October 15, 2018, at: https://ucrplan.org.

CONTACT PERSON FOR MORE INFORMATION: Mr. Avelino Gutierrez, Chair,
Unified Carrier Registration Board of Directors, at<PHONE_NUMBER>.

    Issued on: October 3, 2018.
Larry W. Minor,
Associate Administrator, Office of Policy, Federal Motor Carrier Safety
Administration.
[FR Doc. 2018-22123 Filed 10-5-18; 4:15 pm]
 BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Rules and Regulations]
[Pages 26359-26360]
[FR Doc No: 2019-11895]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2018-0228; FRL-9994-75-Region 5]

Michigan: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is granting Michigan
final authorization for changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA). The Agency published
a proposed rule on October 10, 2018, and provided for public comment.
No comments were received on the proposed revisions. No further
opportunity for comment will be provided.

DATES: This final authorization is effective June 6, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R05-RCRA-2018-0228. The Docket ID No. was identified
as EPA-R05-RCRA-2017-0381 in the proposed rule published in the October
10, 2018, Federal Register at 83 FR 50868, but that Docket ID No. was
incorrect. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Judith Greenberg, RCRA C and D
Section, Land and Chemicals Branch, Land, Chemicals and Redevelopment
Division, U.S. Environmental Protection Agency, 77 W Jackson Blvd.,
Chicago, IL 60604, phone number:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. What changes to Michigan's hazardous waste program is EPA
authorizing with this action?

    On March 2, 2018, Michigan submitted a complete program revision
application seeking authorization of changes to its hazardous waste
program in accordance with 40 CFR 271.21. EPA now makes a final
decision that Michigan's hazardous waste program revisions that are
being authorized are equivalent to, consistent with, and no less
stringent than the Federal program, and therefore satisfy all the
requirements necessary to qualify for final authorization. For a list
of State rules being authorized with this final rule, please see the
proposed rule published in the October 10, 2018, Federal Register at 83
FR 50869.

B. Which revised state rules are different from the federal rules?

    See the October 10, 2018, proposed rule for a description of which
state rules are different from the federal rules, with one exception.
The proposed rule incorrectly stated that Michigan has proposed
additions to its Universal Wastes that will add Antifreeze, Aerosol
Cans and Paint Wastes that are not already regulated as hazardous
waste. This statement should be disregarded.

C. What is codification and is EPA codifying the Michigan's hazardous
waste program as authorized in this rule?

    Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal
Regulations. EPA does this by adding those citations and references to
the authorized state rules in 40 CFR part 272. EPA is not codifying the
authorization of Michigan's revisions at this time. However, EPA
reserves the ability to amend 40 CFR part 272, subpart X for the
authorization of Michigan's program changes at a later date.

D. Statutory and Executive Order Reviews

    This final authorization revises Michigan's authorized hazardous
waste management program pursuant to Section 3006 of RCRA and imposes
no requirements other than those currently imposed by state law. For
further information on how this authorization complies with applicable
executive orders and statutory provisions, please see the proposed rule
published in the October 10, 2018 Federal Register at 83 FR 50869. The
Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
final action will be effective on June 6, 2019.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: May 21, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-11895 Filed 6-5-19; 8:45 am]
BILLING CODE 6560-50-P


Informal Public Hearing Proposed Rule on the Establishment of Electronic Reporting; Electronic Records Friday, November 9, 2001; 9: 30 a. m.  3: 00 p. m. Ralph H. Metcalfe Federal Building 77 West Jackson Boulevard, Third Floor Chicago, Illinois List of Participants App First Last Name Organization E mail Mr. John Bernstein U. S. EPA, Region 5 bernstein. john@ epa. gov Mr. Craig Blackham 02 Blue craig@ o2blue. com Mr. Mike Bologna BNA mbologna@ bna. com Mr. Cliff Cain Bayer Corporation cliff. cain. b@ bayer. com Ms. Lynn Calvin U. S. EPA  Region 5 calvin. lynn@ epa. gov Mr. Bruce Carlson Illinois EPA bruce. carlson@ epa. state. il. us Mr. Johannes Corley IR 4 / Rutgers University jcorley@ aesop. rutgers. edu Ms. Barbara Foy Monsanto barbara. a. foy@ monsanto. com Mr. Ray Frederici Severn Trent Labs rfrederici@ stl inc. com Mr. Glenn Gabriel Abbott Laboratories glenn. gabriel@ abbott. com Ms. Lora Gartner Severn Trent Services lgartner@ att. net Mr. Ken Gembel General Motors ken. gembel@ gm. com Ms. Deanna Heffron Ondeo Nalco Co. dheffron@ ondeo nalco. com Mr. Dave Keyes Dow Agro Sciences dgkeyes@ dowagro. com Mr. Noel Kohl U. S. EPA, Region 5 kohl. noel@ epamail. epa. gov Mr. Richard Lowery BP America loweryrj@ bp. com Mr. Guy Martin Domtar Industries guy. martin@ domtar. com Mr. Jim McClain Abbott Laboratories jim. mcclain@ abbott. com Ms. Marilyn Melton Test America Inc. mmelton@ testamerica. com Mr. Matt Narntio Stewart Quality Associates, Inc. mstewart1@ mmm. com Mr. Tom Neumann Monsanto thomas. e. neumann@ monsanto. com Ms. Victoria Oster ERM, Inc. victoria_ oster@ erm. com Ms. Janet Pfundheller U. S. EPA pfundheller. janet@ epamail. epa. gov Mr. Jim Scruggs American Ag. Services, Inc. jscruggs@ amagsrv. com Mr. Eric Van Gestel Enverity Corporation evg. enverity. com Ms. Portrice Vernon U. S. EPA vernon. portrice@ epamail. epa. gov Mr. Ed Walczak IT Corporation ewalczak@ theitgroup. com Ms. Debra Wallace Bayer Corporation debra_ m. wallace. b@ bayer. com Mr. Matt Witte Silgan Mfg. mwitte@ silganmfg. com


[Federal Register: May 1, 2006 (Volume 71, Number 83)]
[Notices]
[Page 25616-25620]
[DOCID:fr01my06-92]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 27292; 812-13214]

Frank Russell Investment Company, et al.; Notice of Application

April 25, 2006.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under (a) section 6(c) of
the Investment Company Act of 1940 (``Act'') granting an exemption from
sections 18(f) and 21(b) of the Act; (b) section 12(d)(1)(J) of the Act
granting an exemption from section 12(d)(1) of the Act; (c) sections
6(c) and 17(b) of the Act granting an exemption from sections 17(a)(1)
and 17(a)(3) of the Act; and (d) section 17(d) of the Act and rule 17d-
1 under the Act to permit certain joint transactions.

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

Summary of the Application: Applicants request an order that would
permit certain registered open-end management investment companies to
participate in a joint lending and borrowing facility.

Applicants: Frank Russell Investment Company and Russell Investment
Funds (each, a ``Trust'' and collectively, the ``Trusts''), and Frank
Russell Investment Management Company (``FRIMCo'').

Filing Dates: The application was filed on July 19, 2005 and amended on
April 13, 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 applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on May 22, 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, c/o Gregory J.
Lyons, Esq., Frank Russell Company, 909 A Street, Tacoma, Washington
98402.

FOR FURTHER INFORMATION CONTACT: Marilyn Mann, Senior Counsel, at (202)
551-6813 or Mary Kay Frech, 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 for a fee at the
Commission's Public Reference Desk, 100 F Street, NE., Washington, DC,
20549-0102 (tel.<PHONE_NUMBER>).

Applicants' Representations

    1. Each Trust is organized as a Massachusetts business trust and is
registered under the Act as an open-end management investment company.
Frank Russell Investment Company consists of 34 separate series
(``Funds'') and Russell Investment Funds consists of 5 separate Funds.
FRIMCo, a Washington corporation, is registered as an investment
adviser under the Investment Advisers Act of 1940, and serves as the
investment adviser to each Fund.\1\ An existing Commission order
permits the Funds to invest uninvested cash balances in money market
Funds that comply with rule 2a-7 under the Act.\2\
---------------------------------------------------------------------------

    \1\ All entities that currently intend to rely on the requested
relief have been named as applicants.
    \2\ Frank Russell Investment Company, Investment Company Act
Release Nos. 25416 (February 12, 2002) (notice) and 25458 (March 12,
2002) (order).
---------------------------------------------------------------------------

    2. Some Funds may lend money to banks or other entities by entering
into

repurchase agreements or purchasing other short-term investments. Other
Funds may borrow money from the same or similar banks for temporary
purposes to satisfy redemption requests or to cover unanticipated cash
shortfalls such as a trade ``fail'' in which cash payment for a
security sold by a Fund has been delayed. Currently, the Funds have
entered into a credit agreement with a bank. If a Fund were to borrow
money under the credit agreement, it would pay interest on the loan at
a rate that is significantly higher than the rate that is earned by
other (non-borrowing) Funds on investments in repurchase agreements and
other short-term instruments of the same maturity as the loan under the
credit agreement. Applicants state that this differential represents
the profit the bank would earn on loans under the credit agreement and
is not attributable to any material difference in the credit quality or
risk of such transactions.
    3. Applicants request an order that would permit the Funds to enter
into interfund lending agreements (``Interfund Lending Agreements'')
under which the Funds would lend and borrow money for temporary
purposes directly to and from each other through a credit facility
(``Interfund Loan''). Applicants believe that the proposed credit
facility would reduce the Funds' borrowing costs and enhance their
ability to earn higher interest rates on short-term investments.
Although the proposed credit facility would reduce the Funds' need to
borrow from banks, the Funds would be free to establish committed lines
of credit or other borrowing arrangements with banks.
    4. Applicants anticipate that the credit facility would provide a
borrowing Fund with significant savings when the cash position of the
Fund is insufficient to meet temporary cash requirements. This
situation could arise when redemptions exceed anticipated volumes and
certain Funds have insufficient cash on hand to satisfy such
redemptions. When a Fund liquidates portfolio securities to meet
redemption requests which normally are effected immediately, it often
does not receive payment in settlement for up to three days (or longer
for certain foreign transactions). The credit facility would provide a
source of immediate, short-term liquidity pending settlement of the
sale of portfolio securities.
    5. Applicants also propose using the credit facility when a sale of
securities ``fails'' due to circumstances such as a delay in the
delivery of cash to a Fund's custodian or improper delivery
instructions by the broker effecting the transaction. Sales fails may
present a cash shortfall if a Fund has undertaken to purchase
securities using the proceeds from the securities sold. Alternatively,
the Fund could fail on its intended purchase due to lack of funds from
the previous sale, resulting in additional cost to the Fund, or sell a
security on a same day settlement basis, earning a lower return on the
investment. Use of the credit facility under these circumstances would
enable the Fund to have access to immediate short-term liquidity.
    6. While bank borrowings generally could supply needed cash to
cover unanticipated redemptions and sales fails, under the proposed
credit facility a borrowing Fund would pay lower interest rates than
those offered by banks on short-term loans. In addition, Funds making
short-term cash loans directly to other Funds would earn interest at a
rate higher than they otherwise could obtain from investing their cash
in repurchase agreements or purchasing shares of a money market Fund.
Thus, applicants believe that the proposed credit facility would
benefit both borrowing and lending Funds.
    7. The interest rate charged to a Fund on any Interfund Loan
(``Interfund Loan Rate'') would be the average of the ``Repo Rate'' and
the ``Bank Loan Rate,'' both as defined below. The Repo Rate on any day
would be the highest rate available to the Funds from investing in
overnight repurchase agreements. The Bank Loan Rate on any day would be
calculated by FRIMCo each day an Interfund Loan is made according to a
formula established by a Fund's board of trustees (``Board'') intended
to approximate the lowest interest rate at which bank short-term loans
would be available to the Funds. The formula would be based upon a
publicly available rate (e.g., Federal funds plus 25 basis points) and
would vary with this rate so as to reflect changing bank loan rates.
The Board of each Fund would periodically review the continuing
appropriateness of using the publicly available rate to determine the
Bank Loan Rate, as well as the relationship between the Bank Loan Rate
and current bank loan rates that would be available to the Funds. The
initial formula and any subsequent modifications to the formula would
be subject to the approval of each Fund's Board.
    8. The credit facility would be administered by FRIMCo's fund
accounting department, an investment professional within FRIMCo who
serves as a portfolio manager of money market Funds and a compliance
professional within FRIMCo (collectively, the ``Credit Facility
Team''). Under the proposed credit facility, the portfolio managers for
each participating Fund could provide standing instructions to
participate daily as a borrower or lender. The Credit Facility Team on
each business day would collect data on the uninvested cash and
borrowing requirements of all participating Funds from the Funds'
custodian. Once it determined the aggregate amount of cash available
for loans and borrowing demand, the Credit Facility Team would allocate
loans among borrowing Funds without any further communication from
portfolio managers other than the money market Fund portfolio manager
on the Credit Facility Team. Applicants expect far more available
uninvested cash each day than borrowing demand. All allocations will
require the approval of at least one member of the Credit Facility Team
who is not a money market Fund portfolio manager. After the Credit
Facility Team has allocated cash for Interfund Loans, the Credit
Facility Team would invest any remaining cash in accordance with the
standing instructions of portfolio managers or return remaining amounts
to the Funds. The money market Funds typically would not participate as
borrowers because they rarely need to borrow cash to meet redemptions.
    9. The Credit Facility Team would allocate borrowing demand and
cash available for lending among the Funds on what the Credit Facility
Team believes to be an equitable basis, subject to certain
administrative procedures applicable to all Funds, such as the time of
filing requests to participate, minimum loan lot sizes, and the need to
minimize the number of transactions and associated administrative
costs. To reduce transaction costs, each Interfund Loan normally would
be allocated in a manner intended to minimize the number of
participants necessary to complete the loan transaction. The method of
allocation and related administrative procedures would be approved by
each Fund's Board, including a majority of trustees who are not
``interested persons'' of the Fund, as defined in section 2(a)(19) of
the Act (``Independent Trustees''), to ensure that both borrowing and
lending Funds participate on an equitable basis.
    10. FRIMCo would (a) monitor the Interfund Loan Rate and the other
terms and conditions of the loans; (b) limit the borrowings and loans
entered into by each Fund to ensure that they comply with the Fund's
investment policies and limitations; (c) ensure equitable treatment of
each Fund; and (d) make quarterly reports to the Board of each Fund
concerning any transactions by

the Funds under the credit facility and the Interfund Loan Rate
charged.
    11. FRIMCo, through the Credit Facility Team, would administer the
credit facility under its existing management, advisory, or
administrative contract with each Fund and would receive no additional
compensation for its services. FRIMCo may collect fees in connection
with repurchase and lending transactions generally, including
transactions through the credit facility, for pricing and record
keeping, bookkeeping and accounting services. These fees would be no
higher than those applicable for comparable bank loan transactions.
    12. No Fund may participate in the credit facility unless: (a) The
Fund has obtained shareholder approval for its participation, if such
approval is required by law; (b) the Fund has fully disclosed all
material facts concerning the credit facility in its prospectus and/or
statement of additional information (``SAI''); and (c) the Fund's
participation in the credit facility is consistent with its investment
objectives, limitations and organizational documents.
    13. In connection with the credit facility, applicants request an
order under (a) section 6(c) of the Act granting relief from sections
18(f) and 21(b) of the Act; (b) section 12(d)(1)(J) of the Act granting
relief from section 12(d)(1) of the Act; (c) sections 6(c) and 17(b) of
the Act granting relief from sections 17(a)(1) and 17(a)(3) of the Act;
and (d) under section 17(d) and rule 17d-1 under the Act to permit
certain joint arrangements.

Applicants' Legal Analysis

    1. Section 17(a)(3) generally prohibits any affiliated person, or
affiliated person of an affiliated person, from borrowing money or
other property from a registered investment company. Section 21(b)
generally prohibits any registered management company from lending
money or other property to any person if that person controls or is
under common control with the company. Section 2(a)(3)(C) of the Act
defines an ``affiliated person'' of another person, in part, to be any
person directly or indirectly controlling, controlled by, or under
common control with, the other person. Applicants state that the Funds
may be under common control by virtue of having FRIMCo as their common
investment adviser and having a common Board and officers.
    2. Section 6(c) provides that an exemptive order may be granted
where an 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. Section 17(b)
authorizes the Commission to exempt a proposed transaction from section
17(a) provided that the terms of the transaction, including the
consideration to be paid or received, are fair and reasonable and do
not involve overreaching on the part of any person concerned, and the
transaction is consistent with the policy of the investment company as
recited in its registration statement and with the general purposes of
the Act. Applicants believe that the proposed arrangements satisfy
these standards for the reasons discussed below.
    3. Applicants submit that sections 17(a)(3) and 21(b) of the Act
were intended to prevent a party with strong potential adverse
interests to, and some influence over the investment decisions of, a
registered investment company from causing or inducing the investment
company to engage in lending transactions that unfairly inure to the
benefit of such party and that are detrimental to the best interests of
the investment company and its shareholders. Applicants assert that the
proposed credit facility transactions do not raise these concerns
because: (a) FRIMCo, through the Credit Facility Team, would administer
the program as a disinterested fiduciary; (b) all Interfund Loans would
consist only of uninvested cash reserves that the Funds otherwise would
invest in short-term repurchase agreements or other short-term
instruments either directly or through a money market Fund; (c) the
Interfund Loans would not involve a greater risk than such other
investments; (d) the lending Fund would receive interest at a rate
higher than it could obtain through such other investments; and (e) the
borrowing Fund would pay interest at a rate lower than otherwise
available to it under its bank loan agreements and avoid the up-front
commitment fees associated with committed lines of credit. Moreover,
applicants believe that the other terms and conditions in the
application would effectively preclude the possibility of any Fund
obtaining an undue advantage over any other Fund.
    4. Section 17(a)(1) generally prohibits an affiliated person of a
registered investment company, or an affiliated person of an affiliated
person, from selling any securities or other property to the company.
Section 12(d)(1) generally makes it unlawful for a registered
investment company to purchase or otherwise acquire any security issued
by any other investment company except in accordance with the
limitations set forth in that section. Applicants state that the
obligation of a borrowing Fund to repay an Interfund Loan may
constitute a security under sections 17(a)(1) and 12(d)(1). Section
12(d)(1)(J) provides that the Commission may exempt persons or
transactions from any provision of section 12(d)(1) if and to the
extent such exemption is consistent with the public interest and the
protection of investors. Applicants contend that the standards under
sections 6(c), 17(b), and 12(d)(1)(J) are satisfied for all the reasons
set forth above in support of their request for relief from sections
17(a)(3) and 21(b) and for the reasons discussed below.
    5. Applicants state that section 12(d)(1) was intended to prevent
the pyramiding of investment companies in order to avoid imposing on
investors additional and duplicative costs and fees attendant upon
multiple layers of investment companies. Applicants submit that the
proposed credit facility does not involve these abuses. Applicants note
that there will be no duplicative costs or fees to the Funds or
shareholders, and that FRIMCo will receive no additional compensation
for its services in administering the credit facility. Applicants also
note that the purpose of the proposed credit facility is to provide
economic benefits for all of the participating Funds and their
shareholders.
    6. Section 18(f)(1) prohibits open-end investment companies from
issuing any senior security except that a company is permitted to
borrow from any bank; provided, that immediately after the borrowing,
there is asset coverage of at least 300 per centum for all borrowings
of the company. Under section 18(g) of the Act, the term ``senior
security'' includes any bond, debenture, note or similar obligation or
instrument constituting a security and evidencing indebtedness.
Applicants request relief from section 18(f)(1) to the limited extent
necessary to implement the credit facility (because the lending Funds
are not banks).
    7. Applicants believe that granting relief under section 6(c) is
appropriate because the Funds would remain subject to the requirement
of section 18(f)(1) that all borrowings of a Fund, including combined
interfund and bank borrowings, have at least 300% asset coverage. Based
on the conditions and safeguards described in the application,
applicants also submit that to allow the Funds to borrow from other
Funds pursuant to the proposed credit facility is consistent with the
purposes and policies of section 18(f)(1).
    8. Section 17(d) and rule 17d-1 generally prohibit any affiliated
person of a registered investment company, or affiliated persons of an
affiliated person, when acting as principal, from effecting

any joint transactions in which the company participates unless the
transaction is approved by the Commission. Rule 17d-1(b) provides that
in passing upon applications filed under the rule, the Commission will
consider whether the participation of a registered investment company
in a joint enterprise on the basis proposed is consistent with the
provisions, policies, and purposes of the Act and the extent to which
the company's participation is on a basis different from or less
advantageous than that of other participants.
    9. Applicants submit that the purpose of section 17(d) is to avoid
overreaching by an unfair advantage to investment company insiders.
Applicants believe that the credit facility is consistent with the
provisions, policies, and purposes of the Act in that it offers both
reduced borrowing costs and enhanced returns on loaned funds to all
participating Funds and their shareholders. Applicants note that each
Fund would have an equal opportunity to borrow and lend on equal terms
consistent with its investment policies and fundamental investment
limitations. Applicants therefore believe that each Fund's
participation in the credit facility will be on terms that are no
different from or less advantageous than that of other participating
Funds.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. The Interfund Loan Rate will be the average of the Repo Rate and
the Bank Loan Rate.
    2. On each business day, the Credit Facility Team will compare the
Bank Loan Rate with the Repo Rate and will make cash available for
Interfund Loans only if the Interfund Loan Rate is: (a) More favorable
to the lending Fund than the Repo Rate and, if applicable, the yield of
any money market Fund in which the lending Fund could otherwise invest;
and (b) more favorable to the borrowing Fund than the Bank Loan Rate.
    3. If a Fund has outstanding borrowings, any Interfund Loans to the
Fund: (a) Will be at an interest rate equal to or lower than any
outstanding bank loan; (b) will be secured at least on an equal
priority basis with at least an equivalent percentage of collateral to
loan value as any outstanding bank loan that requires collateral; (c)
will have a maturity no longer than any outstanding bank loan (and in
any event not over seven days); and (d) will provide that, if an event
of default by the Fund occurs under any agreement evidencing an
outstanding bank loan to the Fund, that event of default will
automatically (without need for action or notice by the lending Fund)
constitute an immediate event of default under the Interfund Lending
Agreement entitling the lending Fund to call the Interfund Loan (and
exercise all rights with respect to any collateral) and that such call
will be made if the lending bank exercises its right to call its loan
under its agreement with the borrowing Fund.
    4. A Fund may make an unsecured borrowing through the proposed
credit facility if its outstanding borrowings from all sources
immediately after the interfund borrowing total 10% or less of its
total assets, provided that if the Fund has a secured loan outstanding
from any other lender, including but not limited to another Fund, the
Fund's interfund borrowing will be secured on at least an equal
priority basis with at least an equivalent percentage of collateral to
loan value as any outstanding loan that requires collateral. If a
Fund's total outstanding borrowings immediately after an interfund
borrowing would be greater than 10% of its total assets, the Fund may
borrow through the proposed credit facility only on a secured basis. A
Fund may not borrow through the proposed credit facility or from any
other source if its total outstanding borrowings immediately after such
borrowing would be more than 33\1/3\% of its total assets.
    5. Before any Fund that has outstanding interfund borrowings may,
through additional borrowings, cause its outstanding borrowings from
all sources to exceed 10% of its total assets, the Fund must first
secure each outstanding Interfund Loan by the pledge of segregated
collateral with a market value at least equal to 102% of the
outstanding principal value of the loan. If the total outstanding
borrowings of a Fund with outstanding Interfund Loans exceed 10% of its
total assets for any other reason (such as a decline in net asset value
or because of shareholder redemptions), the Fund will within one
business day thereafter: (a) Repay all its outstanding Interfund Loans;
(b) reduce its outstanding indebtedness to 10% or less of its total
assets; or (c) secure each outstanding Interfund Loan by the pledge of
segregated collateral with a market value at least equal to 102% of the
outstanding principal value of the loan until the Fund's total
outstanding borrowings cease to exceed 10% of its total assets, at
which time the collateral called for by this condition 5 shall no
longer be required. Until each Interfund Loan that is outstanding at
any time that a Fund's total outstanding borrowings exceeds 10% is
repaid or the Fund's total outstanding borrowings cease to exceed 10%
of its total assets, the Fund will mark the value of the collateral to
market each day and will pledge such additional collateral as is
necessary to maintain the market value of the collateral that secures
each outstanding Interfund Loan at least equal to 102% of the
outstanding principal value of the Interfund Loan.
    6. No Fund may lend to another Fund through the proposed credit
facility if the loan would cause its aggregate outstanding loans
through the proposed credit facility to exceed 15% of the lending
Fund's current net assets at the time of the loan.
    7. A Fund's Interfund Loans to any one Fund shall not exceed 5% of
the lending Fund's net assets.
    8. The duration of Interfund Loans will be limited to the time
required to receive payment for securities sold, but in no event more
than seven days. Loans effected within seven days of each other will be
treated as separate loan transactions for purposes of this condition.
    9. The Fund's borrowings through the proposed credit facility, as
measured on the day when the most recent loan was made, will not exceed
the greater of 125% of the Fund's total net cash redemptions or 102% of
sales fails for the preceding seven calendar days.
    10. Each Interfund Loan may be called on one business day's notice
by a lending Fund and may be repaid on any day by a borrowing Fund.
    11. A Fund's participation in the proposed credit facility must be
consistent with its investment objectives, and limitations and
organizational documents.
    12. The Credit Facility Team will calculate total Fund borrowing
and lending demand through the proposed credit facility, and allocate
loans on an equitable basis among the Funds, without the intervention
of any portfolio manager of the Funds (other than the money market Fund
portfolio manager acting in his or her capacity as a member of the
Credit Facility Team). All allocations will require the approval of at
least one member of the Credit Facility Team who is not the money
market Fund portfolio manager. The Credit Facility Team will not
solicit cash for the proposed credit facility from any Fund or
prospectively publish or disseminate loan demand data to portfolio
managers (except to the extent that the money market Fund portfolio
manager on the Credit Facility Team has access to loan demand data).
The Credit Facility Team will invest any amounts remaining after
satisfaction of borrowing demand in accordance with the

standing instructions of the portfolio managers or return remaining
amounts for investment directly by the portfolio managers of the Funds.
    13. FRIMCo will monitor the Interfund Loan Rate and the other terms
and conditions of the Interfund Loans and will make a quarterly report
to the Trustees of each Trust concerning the participation of the Funds
in the proposed credit facility and the terms and other conditions of
any extensions of credit under the credit facility.
    14. The Board of each Trust, including a majority of the
Independent Trustees, will:
    (a) Review, no less frequently than quarterly, each Fund's
participation in the proposed credit facility during the preceding
quarter for compliance with the conditions of any order permitting such
transactions;
    (b) Establish the Bank Loan Rate formula used to determine the
interest rate on Interfund Loans and review, no less frequently than
annually, the continuing appropriateness of the Bank Loan Rate formula;
and
    (c) Review, no less frequently than annually, the continuing
appropriateness of each Fund's participation in the proposed credit
facility.
    15. In the event an Interfund Loan is not paid according to its
terms and such default is not cured within two business days from its
maturity or from the time the lending Fund makes a demand for payment
under the provisions of the Interfund Lending Agreement, FRIMCo will
promptly refer such loan for arbitration to an independent arbitrator
selected by the Board of each Fund involved in the loan who will serve
as arbitrator of disputes concerning Interfund Loans.\3\ The arbitrator
will resolve any problem promptly, and the arbitrator's decision will
be binding on both Funds. The arbitrator will submit, at least
annually, a written report to the Board setting forth a description of
the nature of any dispute and the actions taken by the Funds to resolve
the dispute.
---------------------------------------------------------------------------

    \3\ If the dispute involves Funds with different Trustees, the
respective Trustees of each Fund will select an independent
arbitrator that is satisfactory to each Fund.
---------------------------------------------------------------------------

    16. Each Fund will maintain and preserve for a period of not less
than six years from the end of the fiscal year in which any transaction
by it under the proposed credit facility occurred, the first two years
in an easily accessible place, written records of all such transactions
setting forth a description of the terms of the transactions, including
the amount, the maturity and the Interfund Loan Rate, the rate of
interest available at the time on overnight repurchase agreements and
commercial bank borrowings, the yield of any money market Fund in which
the lending Fund could otherwise invest, and such other information
presented to the Fund's Board in connection with the review required by
conditions 13 and 14.
    17. FRIMCo will prepare and submit to the Board for review an
initial report describing the operations of the proposed credit
facility and the procedures to be implemented to ensure that all Funds
are treated fairly. After the commencement of the proposed credit
facility, FRIMCo will report on the operations of the proposed credit
facility at the Board's quarterly meetings.
    In addition, for two years following the commencement of the
proposed credit facility, the independent auditors for each Trust shall
prepare an annual report that evaluates FRIMCo's assertion that it has
established procedures reasonably designed to achieve compliance with
the terms and conditions of the order. The report shall be prepared in
accordance with the Statements on Standards for Attestation Engagements
No. 10 and it shall be filed pursuant to Item 77Q3 of Form N-SAR, as
such Statements or Form may be revised, amended, or superseded from
time to time. In particular, the report shall address procedures
designed to achieve the following objectives:
    (a) That the Interfund Loan Rate will be higher than the Repo Rate,
and, if applicable, the yield of the money market Funds, but lower than
the Bank Loan Rate;
    (b) Compliance with the collateral requirements as set forth in the
application;
    (c) Compliance with the percentage limitations on interfund
borrowing and lending;
    (d) Allocation of interfund borrowing and lending demand in an
equitable manner and in accordance with procedures established by the
Board; and
    (e) That the interest rate on any Interfund Loan does not exceed
the interest rate on any third-party borrowings of a borrowing Fund at
the time of the Interfund Loan. After the final report is filed, each
Trust's independent auditors, in connection with their audit
examinations of the Funds, will continue to review the operation of the
proposed credit facility for compliance with the conditions of the
application and their review will form the basis, in part, of the
auditor's report on internal accounting controls in Form N-SAR.
    18. No Fund will participate in the proposed credit facility upon
receipt of requisite regulatory approval unless it has fully disclosed
in its prospectus and/or SAI all material facts about its intended
participation.
    19. The Board of each Trust will satisfy the fund governance
standards as defined in rule 0-1(a)(7) under the Act.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-6481 Filed 4-28-06; 8:45 am]

BILLING CODE 8010-01-P


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

      	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
       		WASHINGTON, D.C. 20460

                                      1/1/2013

                             OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION
MEMORANDUM

SUBJECT:	Product Chemistry Scoping Document for the Registration Review of Chemical Name.

            Registration Review Case #:		4110
            PC Code:						043801, 043802, 116902
            CAS Numbers:						77-06-5, 125-67-7, 8030-53-3
            Chemical Class:					Biochemical

FROM:		Sadaf Shaukat, Biologist /s/  1/1/13
            Biochemical Pesticides Branch
            Biopesticides & Pollution Prevention Division (7511P)

TO:			Menyon Adams, Regulatory Action Leader
            Biochemical Pesticides Branch
            Biopesticides & Pollution Prevention Division (7511P)

ACTION REQUESTED

A preliminary assessment of available information on product chemistry data associated with the biopesticide gibberellins in support of the development of a Registration Review Work Plan.

Introduction

The EPA has made the determination that there is adequate information available on gibberellins, including Gibberellic Acid (GA3), Gibberellins (GA 4) and (GA 7), and
Potassium Gibberellate, and does not foresee the need for additional biochemical pesticide product chemistry data for products that currently contain gibberellins as the technical grade active ingredient.  Gibberellic Acids are naturally occurring plant hormones. They are used in agriculture as plant regulators to stimulate both cell division and cell elongation that affect leaves as well as stems (eventually affecting fruit development and fruit set). The plant regulator, Gibberellic Acid, was initially registered in the United States in 1947 as PROVIDE GROWTH REGULATOR SOLUTION (EPA Reg. No. 275-2) for applications to apple trees as a means of controlling fruit russet fungus. Currently there are eighty-one active registrations of products containing gibberellins. The Agency exempts gibberellins from the requirement of a tolerance when used as a plant regulator on plants, seeds, or cuttings and on all food commodities after harvest (see 40 CFR 180.1098).

Concerning the product chemistry of gibberellins, all biochemical pesticide data requirements for the technical grade active ingredient have been satisfied and are summarized in Table 2. While no further product chemistry data are necessary for the products currently registered, future registrations must adequately address all of the biochemical pesticides product chemistry data requirements.

Table 1. Product Identity and Composition for Gibberellins
Case Number
                                                                           4110
Common Name
    Gibberellic Acid (GA3)/Gibberellins (GA4 & GA7)/Potassium Gibberellate
Chemical Name, IUPAC
    Gibberellic Acid (GA3)/Gibberellins (GA4 & GA7)/Potassium Gibberellate
Chemical Class
                                                                    Biochemical
Pesticide Type
                                                         Plant Growth Regulator
Year First Registered
                                                       1947 (USDA Registration)
Reregistration Eligibility Decision
(RED)
                                                                  December 1995
40 CFR Citation (Tolerance or  Exemption From Requirement of a Tolerance
40 CFR Citation (Tolerance or  Exemption From Requirement of  rance40 CFR § 180.1098
Pesticide Regulatory Action Leader
                                                                   Leonard Cole
PC Codes
                                                         043801, 043802, 116902
CAS Registry Numbers
                                                  77-06-5, 125-67-7, 8030-53-3
Chemical Structure

Product Chemistry Summary
The Agency has conducted a review of the available product chemistry data and information.  These data are summarized below.

Table 2. Biochemical Pesticides Product Chemistry Data Requirements for Gibberellins
                                 Guideline No.
                       Physical and Chemical Properties
                                   Status[1]
                                     Value
                                     MRID/
                                    Source
830.1100
Product Identity and Composition
                                       A
Refer to Table 1.
RED (Dec. 1995)
830.1200
Description of starting materials, production and formulation process
                                       A
CBI
47184703
830.1400
Discussion of formation of impurities
                                       A
CBI
47184703
830.1700
Preliminary analysis
                                       A
CBI
44448201
830.6302
Color
                                       A
White
45249702, 44448201
830.6303
Physical state
                                       A
Fine powder
45249702, 44448201
830.6304
Odor
                                       A
Odorless
45249702, 44448201
830.6313
Stability to normal and elevated temperatures, metals and metal ions
                                       A
Stable at normal and elevated temperatures, and in contact with metals/metal ions; Chemically stable following storage @54oC for 14 days; Chemically stable on contact with aluminum, iron, and tin for 14 days; Chemically stable following exposure to artificial sunlight for 24 hrs
44081305, 44264704
830.7000
pH
                                       A
0.1% (w/v) = 3.14
0.5% (w/v) = 2.88
1.0% (w/v) = 2.82
44448201
830.7050
UV/Visible light absorption

                                       A
Neutral λ= 270.0 nm; ε= 19580
             λ= 209.4 nm; ε= 24385
Acid     λ= 278.7 nm; ε= 18998
             λ= 206.8 nm; ε= 20800
Base     λ= 270.0 nm; ε= 19636
44710204
830.7200
Melting point/melting range
                                       A
205.6-224.5 [o]C
45249702
830.7220
Boiling point/boiling range
                                      N/A
Not a liquid at room temperature

830.7300
Density
                                       A
0.60 g/ml
44448201
830.7520
Particle size, fiber length, and diameter distribution
                                      N/A
Not a water insoluble or fibrous test substance

830.7550
830.7560
830.7570
Partition coefficient (n-Octanol/Water)
                                      N/A
Partially soluble in water

830.7840
Water solubility
                                       A
70.4%
44448201
830.7950
Vapor pressure
                                       A
0.01 mPa (25[o]C)/ 1.3X10[-13] mm Hg
PPDB/Toxnet
   1. A=Acceptable. N/A=Not Applicable. N/D=Not Determined
                                  References

Bade. Product Identity, Manufacturing Process, Formation of Unintentional Ingredients, Gibberellic Acid (GA3). Private Study by Valent BioSciences Corp. Submitted to EPA. MRID 47184703.

Pesticide Properties Database, Online. 01/08/2013. http://sitem.herts.ac.uk/aeru/projects/ppdb/index.htm

Rojas. Physical and Chemical Properties Characterization of Gibberellin A4/A7 Code 12519, Technical Grade Active Ingredient. Private Study by Abbott Laboratories. Submitted to EPA. MRID 45249702.

Toxnet, Online. 01/08/2013. http://toxnet.nlm.nih.gov/cgi-bin/sis/search/f?./temp/~HsGGvC:1:vap

United States EPA. Reregistration Eligibility Decision (RED): Gibberellic Acid. December 1995.

Zaletal. Product Chemistry-Physical and Chemical Properties of Kaltron Gibberellic Acid-Technical Grade Active Ingredient. Private Study by Zalco Laboratories, Inc. Submitted to EPA. MRID 44448201.


[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Notices]
[Pages 42722-42723]
[FR Doc No: 2012-17652]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13124-002]

Copper Valley Electric Association; Notice of Updated
Environmental Analysis Preparation Schedule

    a. Type of Application: Original License Application.
    b. Project No.: 13124-002.
    c. Applicant: Copper Valley Electric Association (Copper Valley).
    d. Name of Project: Allison Creek Project.
    e. Location: On the south side of Port Valdez, on the shore
opposite from the community of Valdez, Alaska, near the Alyeska Marine
Terminal and the terminus of the Trans Alaska Pipeline System in
Township 9 South, Range 6 West, Seward Meridian, Alaska.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contact: Robert A. Wilkinson, CEO, Copper Valley
Electric Association, P.O. Box 45, Mile 187 Glenn Highway, Glennallen,
Alaska 99588,<PHONE_NUMBER><EMAIL_ADDRESS>    h. FERC Contact: Kim A. Nguyen, phone<PHONE_NUMBER>; email at
<EMAIL_ADDRESS>    i. The proposed project would consist of: (1) A 100-foot by 10-foot
diversion structure on Allison Creek; (2) a 7,600-foot-long, 42-inch-
diameter buried/above-ground steel pipeline; (3) a 40-foot by 40-foot
powerhouse; (4) two 6,500 kilowatt Pelton turbines; (5) a 150-foot-long
tailrace; (6) a switchyard; (7) 3.8-mile-long, 34.5 kilovolt
transmission line; and (8) appurtenant facilities.
    j. On April 7, 2010, Copper Valley filed a Notice of Intent to file
an application for an original license and requested to use the
Commission's Alternative Licensing Process, which was granted on June
7, 2010. On April 13, 2010, Copper Valley filed a Pre-Application
Document including a Preliminary Draft Environmental Assessment for the
project. Copper Valley filed their license application on August 29,
2011. On December 9, 2011, the Commission issued a notice of
application accepted for filing and solicited comments and final terms
and conditions. In January and February of 2012, several resources
agencies filed for extensions of time to file comments and terms and
conditions. The Commission granted these requests on February 4, 2012.
    k. This application has been accepted for filing and is now ready
for environmental analysis (EA).
    l. At this time, we anticipate the need to prepare a draft and
final EA. The draft EA will be sent to all persons and entities on the
Commission's service and mailing lists for the project. The EA will
include our recommendations for operating procedures, as well as
environmental protection and enhancement measures that should be part
of any license issued by the Commission. All recipients will then have
30 days to review the EA and file written comments with the Commission.
All comments on the draft EA filed with the Commission will be

considered in preparation of the final EA.
    The major milestones, including those for preparing the EA, are as
follows:

------------------------------------------------------------------------
          Major milestone                            Date
------------------------------------------------------------------------
License Application Filed..........  August 30, 2011.
Ready for Environmental Analysis     December 9, 2011.
 Notice Issued.
Deadline for Filing Comments,        April 6, 2012.
 Recommendations and Agency Terms
 and Conditions/Prescriptions--
 extended.
Draft EA Issued....................  September 2012.
Comments on draft EA Due...........  October 2012.
Final EA Issued....................  December 2012.
------------------------------------------------------------------------

    Dated: July 13, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-17652 Filed 7-19-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Notices]
[Pages 14595-14597]
[FR Doc No: 2017-05522]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0342]

Hours of Service of Drivers: American Concrete Pumping
Association (ACPA); Application for Exemption

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

ACTION: Notice of final disposition; grant of application for
exemption.

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

SUMMARY: FMCSA announces its decision to grant the American Concrete
Pumping Association (ACPA) and others an exemption from the 30-minute
rest break requirement in the Agency's hours-of-service (HOS)
regulations for commercial motor vehicle (CMV) drivers. The exemption
enables all concrete pump operators, concrete pumping companies, and
drivers who operate concrete pumps in interstate commerce to count on-
duty time while attending equipment but performing no other work-
related activity, toward the 30-minute rest break provision of the HOS
regulations. FMCSA has analyzed the exemption application and the
public comments and has determined that the exemption, subject to the
terms and conditions imposed, will achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.

DATES: The exemption is effective on March 21, 2017 and expires on
March 21, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver, and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews the safety analyses and public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the specific person or class of persons receiving the
exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period of the
exemption, and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    The American Concrete Pumping Association (ACPA) represents more
than 600 member companies who employ over 7,000 workers nationwide. The
exemption would be applied to all interstate concrete pumper trucks and
their operators, regardless of the motor carrier or membership in ACPA.
Although many of the trucks operate intrastate and would therefore not
be covered by an FMCSA exemption, an unknown number of the pumping
trucks are operated in metropolitan areas and do routinely cross State
lines.\1\
---------------------------------------------------------------------------

    \1\ FMCSA does not have jurisdiction over intrastate
transportation; however, most States have commercial motor vehicle
statutes and regulations that are compatible with Federal
regulations. An FMCSA exemption only applies to interstate
transportation, although some States honor them for intrastate
traffic.
---------------------------------------------------------------------------

    ACPA requests an exemption from the 30-minute rest break provision
in 49 CFR 395.3(a)(3)(ii). The exemption would apply industry-wide to
all concrete pump operators, concrete pumping companies and drivers who
deliver, set-up, and operate concrete pumps in interstate commerce
across the United States. ACPA requests the exemption because it states
that the mandatory 30-minute rest break increases the risk of dangerous
conditions on job sites. A mandatory break during which the concrete
pump operator is considered to be ``off duty'' would require the pump
to be shut down and likely cleaned out. Stopping the flow of concrete
through the pump creates the risk of introducing air in the pump's pipe
system which in turn could cause hose-whipping that can injure not only
the pump operator, but any personnel within reach of the hose. Concrete
pump operators also already take rest breaks throughout the typical day
that reflect the work flow at the job site, so an additional 30-minute
rest break does not enhance job safety.
    ACPA added that concrete is a perishable product. The perishable
nature of concrete also creates difficult schedule coordination issues
due to concrete being needed on a just-in-time basis. Concrete pump
operators cannot plan the timing of the 30-minute break, as they cannot
interrupt their work activity without the threat of failure--failure to
accept and deliver concrete within its perishable limits and failure to
comply with their contracts. Once the ingredients of ready-mixed
concrete have been combined, there is a brief window during which the
product can be pumped (roughly 90 minutes before the concrete hardens).
Should the concrete pump operator be required to take the 30-minute
rest break, it would cause a ripple effect on the ready-mixed concrete
trucks in line to supply the pump. Such a delay could cost thousands of
dollars to rectify and could potentially violate a delivery contract,
according to ACPA. Once the concrete pump starts to receive a delivery,
it must be completed without disruption

to conduct a safe and structurally sound pour.
    Further details regarding this industry's safety controls can be
found in the application for exemption, which can be accessed in the
docket identified at the beginning of this notice. ACPA asserted that
granting this exemption would achieve the same level of safety provided
by the rule requiring the 30-minute rest break. The Association stated
that the concrete pumping industry has a ``solid'' safety record, and
that concrete pump operators already receive numerous other breaks
throughout the workday. ACPA's Operation Certification Program ensures,
encourages, and educates the industry on safe pumping and placement
procedures, and these safety practices allow concrete operators to
maintain their safety record through careful training and well-
developed safety guidelines. The proposed exemption would be effective
for 2 years.

Public Comments

    On October 25, 2016, FMCSA published notice of this application,
and requested public comment (81 FR 73465); four responses were
submitted. Comments in favor of the proposed exemption were submitted
by the Western States Trucking Association (WSTA) (formerly known as
the California Construction Trucking Association (CCTA)); and the
National Ready Mixed Concrete Association (NRMCA). Comments in
opposition to the proposed exemption were submitted by the
International Brotherhood of Teamsters (IBT). One individual commenter
took no formal position on the exemption request.
    WSTA stated that it ``is supportive of FMCSA granting the exemption
requested by the ACPA from the 30-minute rest break provision in 49 CFR
395.3(a) (3) (ii). Concrete is a perishable commodity and as such once
the pump-operator begins pumping concrete, needing to comply with the
30-minute break requirement can have significant negative ramifications
for both the product and machinery.'' WSTA added that the ready-mixed
concrete drivers delivering product to a work site that is dependent on
the pump operator performing their job function are already exempted
from the 30-minute break requirements. WSTA referenced their prior
support of the ready-mixed concrete request several years earlier, and
further noted that in those same comments they had requested FMCSA to
expand the 30-minute break exemption to operators of concrete pumpers.
    NRMCA also supported the ACPA exemption request. As the
representative of one of the primary material suppliers discharging
into concrete pumps, NRMCA asserted that all the claims made and
scenarios outlined by ACPA are legitimate and thus valid reasons for
granting the requested exemption. NRMCA confirmed APCA's concerns about
ready mixed concrete being a perishable product and thus requiring a
30-minute break to be taken at a likely improbable time risks worker
safety, equipment malfunctions and the delicate coordination required
between ready mixed concrete deliveries and the concrete pump
operators. Due to the nature of concrete pump operators' schedules and
inherent work practices, NRMCA agreed that requiring a 30-minute break
for concrete pump operators would not provide an increased level of
safety on our nation's roadways, but in turn would likely create a
potentially unsafe work environment.
    The International Brotherhood of Teamsters (IBT) opposed the
proposed exemption. IBT strongly objected to allowing this class of
drivers to use 30 minutes of on-duty ``waiting time'' to satisfy the
requirement for the rest break. IBT cites APCA's argument that the 30-
minute rest break would require the concrete pump to be shut down and
cleaned out. Stopping the concrete flow, according to ACPA, creates the
risk of introducing air into the pipe system and the attendant risk of
hose whipping. ACPA stated, according to the IBT, that a hose whipping
violently could injure the pump operator and any other workers within
reach of the discharge hose. However, IBT contends that ACPA failed to
provide any data supporting the contention that this is a frequent
occurrence that has caused accidents and even deaths. IBT states that
the rest break provision has been in effect since 2011, more than
sufficient time to collect data to support ACPA's claims of a safer
workplace if the exemption was granted.

FMCSA Decision

    FMCSA has evaluated APCA's application and the public comments and
decided to grant the exemption. The Agency believes that the exempted
concrete pump drivers will likely achieve a level of safety that is
equivalent to or greater than, the level of safety achieved without the
exemption [49 CFR 381.305(a)]. It is important to note that the Agency
is not granting a complete exemption from the 30-minute rest break
provision required by 49 CFR 395.3(a)(iii)(2). Instead, FMCSA is
granting an exemption for concrete pump operators and drivers who
remain with the CMV (i.e., wait) while not performing any other work-
related activities to count that time toward the 30-minute break. The
only subject of the exemption is the duty status of the driver while
``waiting'' with the vehicle during a required rest break. Like drivers
of trucks carrying certain kinds of explosives (Sec.  395.1(q)) drivers
of concrete pump trucks will be allowed to use the 30-minute on-duty
periods in attendance of the vehicles, while performing no other work,
to meet the requirement for a rest break. A similar exemption from the
30-minute rest break was granted to the National Ready Mixed Concrete
Association (NRMCA) on April 2, 2015 [80 FR 17819]. The Agency grants
the exemption request subject to the terms and conditions in this
notice.

Terms and Conditions of the Exemption

    (1) Drivers who deliver, set-up, and operate concrete pumps in
interstate commerce across the United States, and all concrete pump
operators and concrete pumping companies and drivers, are exempt from
the requirement for a 30-minute rest break in Section 395.3(a)(3)(ii),
in that they may count ``waiting'' periods when they are performing no
work activity as the required 30-minute break.
    (2) Drivers must have a copy of this exemption document in their
possession while operating under the terms of the exemption. The
exemption document must be presented to law enforcement officials upon
request.
    (3) All motor carriers operating under this exemption must have a
``Satisfactory'' safety rating with FMCSA, or be ``unrated.'' Motor
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety
ratings are prohibited from using this exemption.

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is
granted for the period from March 21, 2017 through March 21, 2019.

Extent of the Exemption

    This exemption is limited to the provisions of 49 CFR
395.3(a)(3)(ii). These drivers must comply will all other applicable
provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable

to interstate commerce that conflicts with or is inconsistent with this
exemption with respect to a firm or person operating under the
exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.

Notification to FMCSA

    Any motor carrier utilizing this exemption must notify FMCSA within
5 business days of any accident (as defined in 49 CFR 390.5), involving
any of the motor carrier's CMVs operating under the terms of this
exemption. The notification must include the following information:
    (a) Identity of the exemption: ``ACPA''
    (b) Name of operating motor carrier and USDOT number,
    (c) Date of the accident,
    (d) City or town, and State, in which the accident occurred, or
closest to the accident scene,
    (e) Driver's name and license number and State of issuance
    (f) Vehicle number and State license plate number,
    (g) Number of individuals suffering physical injury,
    (h) Number of fatalities,
    (i) The police-reported cause of the accident,
    (j) Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations, and
    (k) The driver's total driving time and total on-duty time period
prior to the accident.
    Reports filed under this provision shall be emailed to
<EMAIL_ADDRESS>
Termination

    FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. However, should
this occur, FMCSA will take all steps necessary to protect the public
interest, including revocation of the exemption. The FMCSA will
immediately revoke or restrict the exemption for failure to comply with
its terms and conditions.

    Issued on: March 10, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-05522 Filed 3-20-17; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Page 4969]
[FR Doc No: 2020-01362]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-844-000]

Hamilton Projects Acquiror, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Hamilton
Projects Acquiror, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 10, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: January 21, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-01362 Filed 1-27-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Proposed Rules]
[Pages 40832-40834]
[FR Doc No: 2012-16962]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0678; Directorate Identifier 2011-NM-285-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 747-400, and -400F series airplanes.
This proposed AD was prompted by multiple reports of integrated display
unit (IDU) malfunctions and mode control panel (MCP) malfunctions. This
proposed AD would require installing new software, replacing the duct
assembly with a new duct assembly, making wiring changes, and routing
certain wire bundles. We are proposing this AD to prevent IDU
malfunctions, which could affect the ability of the flight crew to read
primary displays for airplane attitude, altitude, or airspeed, and
consequently reduce the ability of the flight crew to maintain control
of the airplane.

DATES: We must receive comments on this proposed AD by August 27, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Ana Martinez Hueto, Aerospace
Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA,
Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW.,
Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2012-0678;
Directorate Identifier 2011-NM-285-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports of IDU malfunctions and MCP malfunctions
on Model 747-400, and -400F series airplanes. The reports range from a
single display malfunction to all six primary IDUs going blank with an
MCP malfunction, during various flight phases. Moisture in the flight
deck cooling supply air could cause the IDU to blink, lose focus, or
display in monochrome and the MCP to go blank. This condition, if not
corrected, could affect the ability of the flight crew to read primary
displays for airplane attitude, altitude, or airspeed, and consequently
reduce the ability of the flight crew to maintain control of the
airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-21A2523, Revision 1,
dated October 3, 2011. This service information specifies installing
new integrated display system (IDS) software, replacing the duct
assembly with a new duct assembly, making wiring changes, and routing
certain wire bundles.
    Boeing Alert Service Bulletin 747-21A2523, Revision 1, dated
October 3, 2011, refers to Boeing Service Bulletin 747-31-2426, dated
July 29, 2010 (for airplanes with Rolls-Royce engines); Boeing Service
Bulletin 747-31-2427, dated July 29, 2010 (for airplanes with General
Electric engines); and Boeing Service Bulletin 747-31-2428, dated July
29, 2010 (for airplanes with Pratt & Whitney engines); as additional
sources of guidance for installing certain IDS 508 software in each of
the six IDUs and in each of the three EFIS/EICAS interface units (EIUs)

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 33 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace duct assembly and do wiring     41 work-hours x $85 per          $20,121         $23,606        $778,998
 changes.                                hour = $3,485.
Software change.......................  3 work-hours x $85 per                 0             255           8,415
                                         hour = $255.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2012-0678; Directorate Identifier
2011-NM-285-AD.

(a) Comments Due Date

    We must receive comments by August 27, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400 and -400F
series airplanes; certificated in any category; as identified in
Boeing Alert Service Bulletin 747-21A2523, Revision 1, dated October
3, 2011.

 (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 21, Air Conditioning.

(e) Unsafe Condition

    This AD was prompted by multiple reports of integrated display
unit (IDU) malfunctions and mode control panel (MCP) malfunctions.
We are issuing this AD to prevent integrated display unit (IDU)
malfunctions, which could affect the ability of the flight crew to
read primary displays for airplane attitude, altitude, or airspeed,
and consequently reduce the ability of the flight crew to maintain
control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Software Update

    Within 12 months after the effective date of this AD: Install
integrated display system software, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
21A2523, Revision 1, dated October 3, 2011.

    Note 1 to paragraph (g) of this AD:  Boeing Alert Service
Bulletin 747-21A2523, Revision 1, dated October 3, 2011, refers to
Boeing Service Bulletin 747-31-2426, dated July 29, 2010 (for
airplanes with Rolls-Royce engines); Boeing Service Bulletin 747-31-
2427, dated July 29, 2010 (for airplanes with General Electric
engines); and Boeing Service Bulletin 747-31-2428, dated July 29,
2010 (for airplanes with Pratt & Whitney engines); as additional
sources of guidance for the software installation specified by
paragraph (g) of this AD.

(h) Replacement of Duct Assembly and Wiring Changes

    Within 60 months after the effective date of this AD: Replace
the duct assembly with a new duct assembly, do wiring changes, and
route certain wire bundles, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-21A2523, Revision
1, dated October 3, 2011.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the ACO, send it to the attention of the
person identified in the Related Information section of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

 (j) Related Information

    (1) For more information about this AD, Ana Martinez Hueto,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch,
ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601
Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6591; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on June 29, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-16962 Filed 7-10-12; 8:45 am]
BILLING CODE 4910-13-P