[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Rules and Regulations]
[Pages 42945-42947]
[FR Doc No: 2017-19339]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0251; FRL 9967-49-Region 7]

Approval of Missouri Air Quality Implementation Plans; Final
Rule; Determination of Attainment for the 2010 1-Hour Primary Sulfur
Dioxide National Ambient Air Quality Standard; Jefferson County
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to determine that the Jefferson County nonattainment area, in
Missouri, has attained the 2010 1-hour primary Sulfur Dioxide
(SO2) National Ambient Air Quality Standard (NAAQS) per the
EPA's Clean Data Policy. This determination of attainment is based upon
complete, quality assured, and certified ambient air monitoring data
from the 2014-2016 monitoring period, associated dispersion modeling,
and supplemental emissions inventory information, which demonstrate
that the Jefferson County area attained the 2010 1-hour primary
SO2 NAAQS.

DATES: This final rule is effective on October 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2017-0251. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are

available through https://www.regulations.gov or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional information.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. Background Information
II. EPA's Response to Comments
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background Information

    On June 2, 2010 (75 FR 35520), the EPA established a health-based
1-hour primary SO2 NAAQS at 75 ppb. Upon promulgation of a
new or revised NAAQS, section 107(d) of the Clean Air Act (CAA)
requires the EPA to designate any area that does not meet (or that
contributes to ambient air quality in a nearby area that does not meet)
the NAAQS as nonattainment. On August 5, 2013, the EPA designated a
portion of Jefferson County, Missouri, as nonattainment for the 2010 1-
hour primary SO2 NAAQS, effective October 4, 2013.\1\ The
designation was based on 2008-2010 monitoring data in Herculaneum,
Missouri, which monitored violations of the standard (see section III
of this document for additional monitoring information). The effective
date of the nonattainment designation was October 4, 2013. This action
established an attainment date five years after the effective date for
the areas designated as nonattainment for the 2010 SO2 NAAQS
(i.e., by October 4, 2018).
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    \1\ 78 FR 47191 (August 5, 2013), codified at 40 CFR 81.326.
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    On February 2, 2016, the state submitted a request asking the EPA
to determine that the nonattainment area attained the 2010 1-hour
primary SO2 NAAQS per the EPA's Clean Data
Policy.2 3 On June 23, 2017, the EPA published a notice of
proposed rulemaking (NPR) which proposed to approve the State's
requests. See 82 FR 28605. Specifically, the EPA proposed to take the
following actions: (1) Determine that the Jefferson County
SO2 nonattainment area is attaining the 2010 1-hour
SO2 NAAQS; (2) determine that the Jefferson County
SO2 nonattainment area has clean monitoring data; (3)
suspend the requirements for the state to submit an attainment
demonstration, a reasonable further progress plan, contingency
measures, and other planning SIPs revisions related to attainment of
the 2010 1-hour primary SO2 NAAQS until such time, if any,
that the EPA subsequently determines, after notice-and-comment
rulemaking in the Federal Register, that the area has violated the 2010
1-hour primary SO2 NAAQS.
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    \2\ Memorandum of December 14, 2004, from Steve Page, Director,
EPA Office of Air Quality Planning and Standards to the EPA Air
Division Directors, ``Clean Data Policy for the Fine Particle
National Ambient Air Quality Standards.'' This document is available
at: http://www.epa.gov/pmdesignations/guidance.htm.
    \3\ The memorandum of April 23, 2014, from Steve Page, Director,
EPA Office of Air Quality Planning and Standards to the EPA Air
Division Directors ``Guidance for 1-hr SO2 Nonattainment
Area SIP Submissions'' provides guidance for the application of the
clean data policy to the 2010 1-hour primary SO2 NAAQS.
This document is available at https://www.epa.gov/sites/production/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf.
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    The details of Missouri's submittal and the rationale for EPA's
proposed action are explained in the NPR and will not be restated here.

II. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened June 23,
2017, the date of its publication in the Federal Register, and closed
on July 24, 2017. During this period, the EPA received one set of
public comments on the NPR, which supported the proposed redesignation
and provided additional technical information. The EPA acknowledges
these supportive comments, and the additional technical information,
however, as the comments were essentially in favor of the agency's
proposed action, the EPA is not responding to the individual comments.

III. What action is EPA taking?

    The EPA is finalizing its determination that the Jefferson County
2010 1-hour primary SO2 nonattainment area (hereby referred
to as ``the nonattainment area''), in Missouri, has attained the 2010
1-hour primary SO2 NAAQS.\4\ This action is based on
complete, quality assured, and certified ambient air monitoring data
from the 2013-2015 monitoring period, with additional certified
monitoring data from 2016, associated dispersion modeling for the 2013-
2015 emission years, as well as supplemental 2016 emissions inventory
information--which show that the nonattainment area has attained the
2010 1-hour primary SO2 NAAQS. 5 6
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    \4\ In accordance with appendix T to 40 CFR part 50, the 1-hour
primary SO2 NAAQS is met at an ambient air quality
monitoring site when the valid 1-hour primary standard design value
is less than or equal to 75 parts per billion (ppb). See 40 CFR
50.17(b).
    \5\ In accordance with appendix T to 40 CFR part 50, a 1-hour
primary SO2 NAAQS design value is valid if it encompasses
three consecutive calendar years of complete data. A year meets data
completeness requirements when all 4 quarters are complete. A
quarter is complete when at least 75 percent of the sampling days
for each quarter have complete data. A sampling day has complete
data if 75 percent of the hourly concentration values, including
state-flagged data affected by exceptional events which have been
approved for exclusion by the Administrator, are reported.
    \6\ Monitoring data must be reported, quality assured, and
certified in accordance with the requirements set forth in 40 CFR
part 58.
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    The EPA has made the monitoring data, the modeling data, the
supplemental emissions inventory information and additional information
submitted by the state to support this action available in the docket
to this rulemaking through www.regulations.gov and/or at the EPA Region
7 Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, a determination that a nonattainment area is
attaining a NAAQS is an action that affects the status of a
geographical area and does not impose any additional regulatory
requirements on sources beyond those imposed by state law. A
determination of attainment does not in and of itself create any new
requirements, but rather results in the applicability of requirements
contained in the CAA for areas that have been stated above. Moreover,
the Administrator is required to approve a SIP submission that complies
with the provisions of the CAA and applicable Federal regulations. See
42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions,
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, these actions merely approve state
law as meeting federal requirements and do not impose additional
requirements beyond those imposed by state law. This action results in
the suspension of certain Federal requirements and would not impose any
additional requirements. For these reasons, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this action does not apply on any Indian reservation
land or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

B. Congressional Review Act

    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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. 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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 11, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Attainment
determination, Incorporation by reference, Sulfur dioxide.

    Dated: August 24, 2017.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart AA--Missouri

0
2. Add Sec.  52.1343 to read as follows:

Sec.  52.1343  Control strategy: Sulfur Dioxide.

    (a) Determination of attainment. EPA has determined, as of
September 13, 2017, that the Jefferson County 2010 SO2
nonattainment has attained the 2010 SO2 1-hr NAAQS. This
determination suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, reasonable further progress, contingency measures, and other
plan elements related to attainment of the standards for as long as the
area continues to meet the 2010 SO2 1-hr NAAQS.
    (b) [Reserved]

[FR Doc. 2017-19339 Filed 9-12-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 2, 2009 (Volume 74, Number 169)]
[Notices]
[Page 45496-45498]
[DOCID:fr02se09-93]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28888; File No. 812-13221]

Highland Capital Management, L.P., et al.; Notice of Application

August 27, 2009.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections 18(c)
and 18(i) of the Act, under sections 6(c) and 23(c)(3) of the Act for
an exemption from rule 23c-3 under the Act, and for an order pursuant
to section 17(d) of the Act and rule 17d-1 under the Act.

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    Summary of Application: Applicants request an order to permit
certain registered closed-end management investment companies to issue
multiple classes of shares and to impose asset-based distribution fees
and early withdrawal charges.
    Applicants: Highland Capital Management, L.P. (``Highland
Capital''), Highland Funds Asset Management, L.P. (``Highland,'' and
together with Highland Capital, the ``Adviser'') and Highland Special
Situations Fund II (the ``Special Situations Fund'').
    Filing Dates: The application was filed on August 3, 2005, and
amended on July 12, 2007, November 29, 2007, June 20, 2008 and August
7, 2009.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on September 21, 2009 and should be accompanied by proof of
service on the 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 Michael Colvin,
Highland Capital Management, L.P., NexBank Tower, 13455 Noel Road,
Suite 800, Dallas, TX 75240.

FOR FURTHER INFORMATION CONTACT: John Yoder, Senior Counsel, at (202)
551-6878 or Julia Kim Gilmer, Branch Chief, at<PHONE_NUMBER> (Division
of Investment Management, Office of Investment Company Regulation).

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

www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Special Situations Fund is a Delaware statutory trust that
is registered as a non-diversified closed-end management investment
company under the Act. The Special Situations Fund's investment
strategy focuses on distressed securities, principally in the senior
loan market. Highland Capital and Highland are each a Delaware limited
partnership and registered as an investment adviser under the
Investment Advisers Act of 1940. Highland Capital will serve as
investment adviser to the Special Situations Fund. It is expected that
Highland will become the investment adviser to the Special Situations
Fund after an internal reorganization.
    2. Applicants request that the order also apply to any
continuously-offered registered closed-end management investment
company that has been previously organized or that may be organized in
the future for which the Adviser or any entity controlling, controlled
by, or under common control with the Adviser, or any successor in
interest to any such entity,\1\ acts as investment adviser and which
operates as an interval fund pursuant to rule 23c-3 under the Act or
provides periodic liquidity with respect to its shares pursuant to rule
13e-4 under the Securities Exchange Act of 1934 (``Exchange Act'')
(each, a ``Fund,'' and together with the Special Situations Fund, the
``Funds'').\2\
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    \1\ A successor in interest is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \2\ Any Fund relying on this relief in the future will do so in
a manner consistent with the terms and conditions of the
application. Applicants represent that each entity presently
intending to rely on the requested relief is listed as an applicant.
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    3. The Special Situations Fund will continuously offer its shares
to the public at net asset value. Shares of the Funds will not be
listed on any securities exchange and will not be quoted on any
quotation medium. The Funds do not expect there to be any secondary
trading market for their shares. The Special Situations Fund has
adopted a fundamental policy to repurchase a specified percentage of
its shares (between 5% and 25%) at net asset value on a quarterly
basis. Such repurchase offers will be conducted pursuant to rule 23c-3
under the Act.
    4. The Funds seek the flexibility to be structured as multiple
class funds. If the requested relief is granted, the Special Situations
Fund intends to offer three classes of shares. The Special Situations
Fund will offer Class A shares with a front-end sales charge of up to
4.5% and an annual servicing and/or distribution fee of up to .35% of
average daily net assets. Class C shares will be offered without a
front-end sales load, with annual distribution fees of .75%, annual
servicing fees of .25% and early withdrawal charges (``EWCs'') of 1%
for shares repurchased within one year of purchase. Class Z shares
would not be subject to sales charges, distribution or servicing fees,
or EWCs. The Funds may in the future offer additional classes of shares
and/or another sales charge structure.
    5. Applicants represent that any asset-based service and
distribution fees will comply with the provisions of NASD Rule 2830(d)
(``NASD Sales Charge Rule'').\3\ Applicants also represent that each
Fund will disclose in its prospectus, the fees, expenses and other
characteristics of each class of shares offered for sale by the
prospectus, as is required for open-end multiple class funds under Form
N-1A. As is required for open-end funds, each Fund will disclose its
expenses in shareholder reports, and disclose any arrangements that
result in breakpoints in or elimination of sales loads in its
prospectus.\4\ Each Fund and its distributor will also comply with any
requirements that may be adopted by the Commission regarding disclosure
at the point of sale and in transaction confirmations about the costs
and conflicts of interest arising out of the distribution of open-end
investment company shares, and regarding prospectus disclosure of sales
loads and revenue sharing arrangements as if those requirements applied
to the Fund and its distributor.\5\
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    \3\ All references to the NASD Sales Charge Rule include any
successor or replacement rule that may be adopted by the Financial
Industry Regulatory Authority.
    \4\ See Shareholder Reports and Quarterly Portfolio Disclosure
of Registered Management Investment Companies, Investment Company
Act Release No. 26372 (Feb. 27, 2004) (adopting release) (requiring
open-end investment companies to disclose fund expenses in
shareholder reports); and Disclosure of Breakpoint Discounts by
Mutual Funds, Investment Company Act Release No. 26464 (June 7,
2004) (adopting release) (requiring open-end investment companies to
provide prospectus disclosure of certain sales load information).
    \5\ Confirmation Requirements and Point of Sale Disclosure
Requirements for Transactions in Certain Mutual Funds and Other
Securities, and Other Confirmation Requirement Amendments, and
Amendments to the Registration Form for Mutual Funds, Investment
Company Act Release Nos. 26341 (Jan. 29, 2004) (proposing release)
and 26778 (Feb. 28, 2005) (re-opening the comment period for the
proposed rules and requesting additional comments).
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    6. Each Fund will allocate all expenses incurred by it among the
various classes of shares based on the net assets of the Fund
attributable to each class, except that the net asset value and
expenses of each class will reflect distribution fees, service fees,
and any other incremental expenses of that class. Expenses of the Fund
allocated to a particular class of shares will be borne on a pro rata
basis by each outstanding share of that class. Applicants state that
each Fund will comply with the provisions of rule 18f-3 under the Act
as if it were an open-end investment company.
    7. Each Fund may waive the EWC for certain categories of
shareholders or transactions to be established from time to time. With
respect to any waiver of, scheduled variation in, or elimination of the
EWC, each Fund will comply with rule 22d-1 under the Act as if the Fund
were an open-end investment company.
    8. Each Fund operating as an interval fund pursuant to rule 23c-3
under the Act may offer its shareholders an exchange feature under
which the shareholders of the Fund may, in connection with the Fund's
periodic repurchase offers, exchange their shares of the Fund for
shares of the same class of (i) registered open-end investment
companies or (ii) other registered closed-end investment companies that
comply with rule 23c-3 under the Act and continuously offer their
shares at net asset value, that are in the Fund's group of investment
companies (collectively, ``Other Funds''). Shares of a Fund operating
pursuant to rule 23c-3 that are exchanged for shares of Other Funds
will be included as part of the amount of the repurchase offer amount
for such Fund as specified in rule 23c-3 under the Act. Any exchange
option will comply with rule 11a-3 under the Act, as if the Fund were
an open-end investment company subject to rule 11a-3. In complying with
rule 11a-3, each Fund will treat an EWC as if it were a contingent
deferred sales load.

Applicants' Legal Analysis

Multiple Classes of Shares

    1. Section 18(c) of the Act provides, in relevant part, that a
closed-end investment company may not issue or sell any senior security
if, immediately thereafter, the company has outstanding more than one
class of senior security. Applicants state that the creation of
multiple classes of shares of the Funds may be prohibited by section
18(c).
    2. Section 18(i) of the Act provides that each share of stock
issued by a registered management investment company will be a voting
stock and have equal voting rights with every other outstanding voting
stock.

Applicants state that multiple classes of shares of the Funds may
violate section 18(i) of the Act because each class would be entitled
to exclusive voting rights with respect to matters solely related to
that class.
    3. Section 6(c) 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 the Act, or from any
rule thereunder, if and to the extent 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. Applicants request an exemption under section
6(c) from sections 18(c) and 18(i) to permit the Funds to issue
multiple classes of shares.
    4. Applicants submit that the proposed allocation of expenses and
voting rights among multiple classes is equitable and will not
discriminate against any group or class of shareholders. Applicants
submit that the proposed arrangements would permit a Fund to facilitate
the distribution of its shares and provide investors with a broader
choice of shareholder services. Applicants assert that the proposed
closed-end investment company multiple class structure does not raise
the concerns underlying section 18 of the Act to any greater degree
than open-end investment companies' multiple class structures that are
permitted by rule 18f-3 under the Act. Applicants state that each Fund
will comply with the provisions of rule 18f-3 as if it were an open-end
investment company.

Early Withdrawal Charges

    1. Section 23(c) of the Act provides, in relevant part, that no
registered closed-end investment company will purchase securities of
which it is the issuer, except: (a) On a securities exchange or other
open market; (b) pursuant to tenders, after reasonable opportunity to
submit tenders given to all holders of securities of the class to be
purchased; or (c) under other circumstances as the Commission may
permit by rules and regulations or orders for the protection of
investors.
    2. Rule 23c-3 under the Act permits a registered closed-end
investment company (an ``interval fund'') to make repurchase offers of
between five and twenty-five percent of its outstanding shares at net
asset value at periodic intervals pursuant to a fundamental policy of
the interval fund. Rule 23c-3(b)(1) under the Act provides that an
interval fund may deduct from repurchase proceeds only a repurchase
fee, not to exceed two percent of the proceeds, that is reasonably
intended to compensate the fund for expenses directly related to the
repurchase.
    3. Section 23(c)(3) provides that the Commission may issue an order
that would permit a closed-end investment company to repurchase its
shares in circumstances in which the repurchase is made in a manner or
on a basis that does not unfairly discriminate against any holders of
the class or classes of securities to be purchased. As noted above,
section 6(c) provides that the Commission may exempt any person,
security or transaction from any provision of the Act, if and to the
extent that the exemption is necessary or appropriate in the public
interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Applicants request relief under sections 6(c) and 23(c) from rule 23c-3
to the extent necessary for the Funds to impose EWCs on shares of the
Funds submitted for repurchase that have been held for less than a
specified period.
    4. Applicants believe that the requested relief meets the standards
of sections 6(c) and 23(c)(3). Rule 6c-10 under the Act permits open-
end investment companies to impose contingent deferred sales loads
(``CDSLs''), subject to certain conditions. Applicants state that EWCs
are functionally similar to CDSLs imposed by open-end investment
companies under rule 6c-10. Applicants state that EWCs may be necessary
for the distributor to recover distribution costs. Applicants state
that any EWC imposed by the Funds will comply with rule 6c-10 under the
Act as if the rule were applicable to closed-end investment companies.
The Funds also will disclose EWCs in accordance with the requirements
of Form N-1A concerning CDSLs. Applicants further state that the Funds
will apply the EWC (and any waivers or scheduled variations of the EWC)
uniformly to all shareholders in a given class and consistently with
the requirements of rule 22d-1 under the Act.

Asset-based Distribution Fees

    1. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
an affiliated person of a registered investment company or an
affiliated person of such person, acting as principal, from
participating in or effecting any transaction in connection with any
joint enterprise or joint arrangement in which the investment company
participates unless the Commission issues an order permitting the
transaction. In reviewing applications submitted under section 17(d)
and rule 17d-1, the Commission considers whether the participation of
the investment company in a joint enterprise or joint arrangement is
consistent with the provisions, policies and purposes of the Act, and
the extent to which the participation is on a basis different from or
less advantageous than that of other participants.
    2. Rule 17d-3 under the Act provides an exemption from section
17(d) and rule 17d-1 to permit open-end investment companies to enter
into distribution arrangements pursuant to rule 12b-1 under the Act.
Applicants request an order under section 17(d) and rule 17d-1 under
the Act to permit the Fund to impose asset-based distribution fees.
Applicants have agreed to comply with rules 12b-1 and 17d-3 as if those
rules applied to closed-end investment companies.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Each Fund relying on the order will comply with the provisions of
rules 6c-10, 12b-1, 17d-3, 18f-3, 22d-1, and, where applicable, 11a-3
under the Act, as amended from time to time, as if those rules applied
to closed-end management investment companies, and will comply with the
NASD Sales Charge Rule, as amended from time to time, as if that rule
applied to all closed-end management investment companies.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21138 Filed 9-1-09; 8:45 am]

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[Federal Register: October 3, 2007 (Volume 72, Number 191)]
[Notices]
[Page 56393-56395]
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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28001; 812-13398]

American Capital Strategies, Ltd.; Notice of Application

September 27, 2007.
AGENCY: Securities and Exchange Commission (the ``Commission'').

ACTION: Notice of an application for an order under section 61(a)(3)(B)
of the Investment Company Act of 1940 (the ``Act'').

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Summary of Application: Applicant, American Capital Strategies, Ltd.,
requests an order approving a proposal to grant certain stock options
to directors who are not also employees or officers of the applicant
(the ``Non-employee Directors'') under its 2007 Stock Option Plan (the
``Plan'').

Filing Dates: The application was filed on June 15, 2007 and amended on
September 27, 2007.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the 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 October 22, 2007, and should be accompanied by proof of service
on applicant, 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 Commission, 100 F Street,
NE., Washington, DC 20549-1090; Applicant, 2 Bethesda Metro Center,
14th Floor, Bethesda, Maryland 20814.

FOR FURTHER INFORMATION CONTACT: Laura J. Riegel, Senior Counsel, at
(202) 551-6873, or Nadya B. Roytblat, Assistant Director, at (202) 551-
6821 (Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application is available for a fee at the
Public Reference Desk, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-0102 (telephone<PHONE_NUMBER>).

Applicant's Representations

    1. Applicant, a Delaware corporation, is a business development
company (``BDC'') within the meaning of section 2(a)(48) of the Act.\1\
Applicant's primary business objectives are to increase its net
operating income and net asset value by investing its assets in senior
debt, subordinated debt, with and without detachable warrants, and
equity of small to medium sized businesses with attractive current
yields and potential for equity appreciation. Applicant's investment
decisions are made either by its board of directors (the ``Board''),
based on recommendations of the executive officers of applicant, or,
for investments that meet certain objective criteria established by the
Board, by the executive officers of applicant, under authority
delegated by the Board. Applicant does not have an external investment
adviser within the meaning of section 2(a)(20) of the Act.
---------------------------------------------------------------------------

    \1\ Section 2(a)(48) defines a BDC to be any closed-end
investment company that operates for the purpose of making
investments in securities described in sections 55(a)(1) through
55(a)(3) of the Act and makes available significant managerial
assistance with respect to the issuers of such securities.
---------------------------------------------------------------------------

    2. Applicant requests an order under section 61(a)(3)(B) of the Act
approving its proposal to grant certain stock options under the Plan to
its Non-employee Directors.\2\ Applicant has a nine member Board. Seven
of the eight current members of the Board are not ``interested
persons'' (as defined in section 2(a)(19) of the Act) of the applicant
(``Disinterested Directors'').\3\ The Board approved the Plan at a
meeting held on March 8, 2007. Applicant's stockholders approved the
Plan at the annual meeting of stockholders held on May 4, 2007.
---------------------------------------------------------------------------

    \2\ The Non-employee Directors receive a $75,000 per year
retainer payment and $2,500 for each Board or committee meeting or
other designated Board-related meeting attended, and reimbursement
for related expenses. Non-employee Directors who chair a committee
of the Board receive an additional $10,000 retainer per year. Non-
employee Directors who serve as directors on the boards of portfolio
companies also receive an annual retainer from applicant set at
$30,000 per board, in lieu of any payment from the portfolio
company. Further, under the terms of a disinterested director
retention plan that applicant established in 2006, Non-employee
Directors are generally entitled to receive a payment upon
termination of service as a director equal to a multiple of the
number of years of service as a Non-employee Director.
    \3\ The Board presently has one vacancy. All of the Non-employee
Directors are Disinterested Directors.
---------------------------------------------------------------------------

    3. Applicant's officers and employees, and Non-employee Directors
are eligible to receive options under the Plan. Under the Plan, a
maximum of 400,000 shares of applicant's common stock, in the
aggregate, may be issued to Non-employee Directors and 50,000 shares of

applicant's common stock may be issued to any one Non-employee
Director. Each of the seven Non-employee Directors serving on the Board
as of May 4, 2007 will be granted options to purchase 50,000 shares of
applicant's common stock (the ``Initial Grants'') on the date that the
Commission issues an order on the application (``Order Date''). The
options issued under the Initial Grants will vest in three equal parts
on each of the first three anniversaries of May 4, 2007. Any person who
becomes a Non-employee Director after May 4, 2007 will be entitled to
receive options to purchase 50,000 shares of applicant's common stock
(the ``Other Grants'') on the later of the date such person becomes a
Non-employee Director and the Order Date. The options issued under the
Other Grants will vest in three equal parts on each of the first three
anniversaries of the date such person becomes a Non-employee Director.
    4. Under the terms of the Plan, the exercise price of an option
will not be less than 100% of the current market value of, or if no
such market value exists, the current net asset value per share of,
applicant's common stock on the date of the issuance of the option.\4\
Options granted under the Plan will expire within ten years from the
date of grant and may not be assigned or transferred other than by will
or the laws of descent and distribution. In the event of the death or
disability of a Non-employee Director during such director's service,
all such director's unexercised options will immediately become
exercisable and may be exercised for a period of three years following
the date of death (by such director's personal representative) or one
year following the date of disability, but in no event after the
respective expiration dates of such options. In the event of the
termination of a Non-employee Director for cause, any unexercised
options will terminate immediately. If a Non-employee Director's
service is terminated for any reason other than by death, disability,
or for cause, the options may be exercised within one year immediately
following the date of termination, but in no event later than the
expiration date of such options.
---------------------------------------------------------------------------

    \4\ Under the Plan, ``current market value'' (defined as ``fair
market value'') is generally the closing sales price of applicant's
shares as quoted on the Nasdaq Global Select Market, or
alternatively, on the exchange where applicant's shares are traded,
on the date the option is granted.
---------------------------------------------------------------------------

    5. Applicant's officers and employees are eligible or have been
eligible to receive options under applicant's six stock option plans
under which Non-employee Directors are not entitled to participate (the
``Employee Plans''), applicant's 2006 stock option plan (the ``2006
Option Plan'') and the Plan. Non-employee Directors are eligible or
have been eligible to receive options under applicant's two
Disinterested Director stock option plans (the ``Disinterested Director
Plans'') and the 2006 Option Plan (collectively, the 2006 Option Plan,
the Disinterested Director Plans and the Employee Plans are the ``Other
Plans''). As of August 31, 2007, applicant had 186,436,201 shares of
common stock outstanding.\5\ The 400,000 shares of applicant's common
stock that may be issued to Non-employee Directors under the Plan
represent 0.2% of applicant's outstanding voting securities as of
August 31, 2007. As of the same date, applicant had no outstanding
warrants or rights to purchase its voting securities and had no
outstanding options to purchase its voting securities other than the
outstanding options issued to applicant's directors, officers, and
employees under the Other Plans and the Plan. As of August 31, 2007,
the amount of voting securities that would result from the exercise of
all outstanding options issued to applicant's directors, officers, and
employees under the Other Plans and the Plan would be 19,173,168 shares
of applicant's common stock, or approximately 10.3% of applicant's
outstanding voting securities. As of the same date, the maximum number
of voting securities that would result from the exercise of all
outstanding options issued and all options issuable to applicant's
directors, officers, and employees under the Other Plans and the Plan
would be 25,225,611 shares of applicant's common stock, or
approximately 13.5% of applicant's outstanding voting securities.
---------------------------------------------------------------------------

    \5\ Applicant's common stock constitutes the only voting
security of applicant currently outstanding.
---------------------------------------------------------------------------

Applicant's Legal Analysis

    1. Section 63(3) of the Act permits a BDC to sell its common stock
at a price below current net asset value upon the exercise of any
option issued in accordance with section 61(a)(3). Section 61(a)(3)(B)
provides, in pertinent part, that a BDC may issue to its non-employee
directors options to purchase its voting securities pursuant to an
executive compensation plan, provided that: (a) The options expire by
their terms within ten years; (b) the exercise price of the options is
not less than the current market value of the underlying securities at
the date of the issuance of the options, or if no market exists, the
current net asset value of the voting securities; (c) the proposal to
issue the options is authorized by the BDC's shareholders, and is
approved by order of the Commission upon application; (d) the options
are not transferable except for disposition by gift, will or intestacy;
(e) no investment adviser of the BDC receives any compensation
described in section 205(a)(1) of the Investment Advisers Act of 1940,
except to the extent permitted by clause (b)(1) or (b)(2) of that
section; and (f) the BDC does not have a profit-sharing plan as
described in section 57(n) of the Act.
    2. In addition, section 61(a)(3) provides that the amount of the
BDC's voting securities that would result from the exercise of all
outstanding warrants, options, and rights at the time of issuance may
not exceed 25% of the BDC's outstanding voting securities, except that
if the amount of voting securities that would result from the exercise
of all outstanding warrants, options, and rights issued to the BDC's
directors, officers, and employees pursuant to an executive
compensation plan would exceed 15% of the BDC's outstanding voting
securities, then the total amount of voting securities that would
result from the exercise of all outstanding warrants, options, and
rights at the time of issuance will not exceed 20% of the outstanding
voting securities of the BDC.
    3. Applicant represents that its proposal to grant certain stock
options to Non-employee Directors under the Plan meets all the
requirements of section 61(a)(3)(B). Applicant states that the Board is
actively involved in the oversight of applicant's affairs and that it
relies extensively on the judgment and experience of its Board. In
addition to their duties as Board members generally, applicant states
that the Non-employee Directors provide guidance and advice on
operational issues, underwriting policies, credit policies, asset
valuation and strategic direction, as well as serving on committees.
Applicant believes that the availability of options under the Plan will
provide significant at-risk incentives to Non-employee Directors to
remain on the Board and devote their best efforts to ensure applicant's
success. Applicant states that the options will provide a means for the
Non-employee Directors to increase their ownership interests in
applicant, thereby ensuring close identification of their interests
with those of applicant and its stockholders. Applicant asserts that by
providing incentives such as options, applicant will be better able to
maintain continuity in the Board's membership and to attract and retain
the highly

experienced, successful and dedicated business and professional people
who are critical to applicant's success as a BDC.
    4. Applicant states that the amount of voting securities that would
result from the exercise of all outstanding options issued to
applicant's directors, officers, and employees under the Other Plans
and the Plan would be 19,173,168 shares of applicant's common stock, or
approximately 10.3% of applicant's outstanding voting securities as of
August 31, 2007, which is below the percentage limitations in the Act.
Applicant asserts that, given the relatively small amount of common
stock issuable to Non-employee Directors upon their exercise of options
under the Plan, the exercise of such options would not, absent
extraordinary circumstances, have a substantial dilutive effect on the
net asset value of applicant's common stock.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-19539 Filed 10-2-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Notices]
[Page 73924]
[FR Doc No: 2014-29182]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73791; File No. SR-Phlx-2014-66]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Designation of Longer Period for Commission Action on Proposed Rule
Change To Adopt New Exchange Rule 1081, Solicitation Mechanism, To
Introduce a New Electronic Solicitation Mechanism

December 8, 2014.
    On October 14, 2014, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
adopt new Exchange Rule 1081, Solicitation Mechanism, to introduce a
new electronic solicitation mechanism pursuant to which a member can
electronically submit all-or-none orders of 500 contracts or more (or,
in the case of mini options, 5000 contracts or more) the member
represents as agent against contra orders the member solicited. The
proposed rule change was published for comment in the Federal Register
on October 31, 2014.\3\ The Commission has received no comment letters
on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 73441 (October 27,
2014), 79 FR 64862.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether these proposed rule changes should be disapproved.
The 45th day for this filing is December 15, 2014.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider and
take action on the Exchange's proposed rule change.
    Accordingly, pursuant to Section 19(b)(2)(A)(ii)(I) of the Act \5\
and for the reasons stated above, the Commission designates January 29,
2015, as the date by which the Commission should either approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-Phlx-2014-66).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-29182 Filed 12-11-14; 8:45 am]
BILLING CODE 8011-01-P


TITLE:  State Registration Data

OMB CONTROL NUMBER:  1625-NEW

SUMMARY:  This file provides information on the collection of registration data from the State reporting authorities.

NEED:  46 USC 12302 and 33 CFR 174.123 authorize the collection of this information.  Registration data is used for statistical purposes.

FORMS: CGHQ-3923, State Registration Data.

RESPONDENTS:  56 State reporting authorities respond.

FREQUENCY:  They must report once per year.

BURDEN:  This is a new Information Collection, the estimated annual burden is 42 hours.

CG-BSX

5 May 2014


[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Notices]
[Page 36183]
[FR Doc No: 2013-14272]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
meeting related to the transmission planning activities of the South
Carolina Regional Transmission Planning (SCRTP) group:

SCRTP Stakeholder Group

    June 13, 2013.
    The above-referenced meeting is open to stakeholders and will be
held via Web conference.
    For additional information, see www.scrtp.com.
    The discussions at the meeting described above may address matters
at issue in the following proceedings:

Docket No. ER13-107-000, ER13-107-001 and ER13-107-002, South Carolina
Electric & Gas Company

    For More Information Contact: Michael Lee, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: June 11, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-14272 Filed 6-14-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Proposed Rules]
[Pages 67637-67639]
[FR Doc No: 2010-27745]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1042; Directorate Identifier 2010-NM-094-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 737-700, -
700C, -800, and -900ER Series Airplanes, Model 747-400F Series
Airplanes, and Model 767-200 and -300 Series 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 Model 737-700, -700C, -800, and -900ER series airplanes, Model
747-400F series airplanes, and Model 767-200 and -300 series airplanes.
This proposed AD would require an inspection for affected serial
numbers of the crew oxygen mask stowage box units; and replacement of
the crew oxygen mask stowage box unit with a new crew oxygen mask
stowage unit, if necessary. This proposed AD results

from reports indicating that certain crew oxygen mask stowage box units
were possibly delivered with a burr in the inlet fitting. The burr may
break loose during test or operation and may pose an ignition source or
cause an inlet valve to jam. We are proposing this AD to prevent an
ignition source, which could result in an oxygen-fed fire; or could
cause an inlet valve to jam in a crew oxygen mask stowage box unit,
which could result in restricted flow of oxygen.

DATES: We must receive comments on this proposed AD by December 20,
2010.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, 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>; e-mail<EMAIL_ADDRESS>
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 (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Susan L. Monroe, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1042;
Directorate Identifier 2010-NM-094-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 received reports indicating that crew oxygen mask stowage box
units having part number (P/N) MXP147, MXP147-2, MXP147-3, MXP147-5,
MXP402, and MXP410-1, that were manufactured between July 12, 2007, and
November 20, 2007, were possibly delivered with a burr in the inlet
fitting. If not corrected, the burr may break loose during test or
operation and may pose an ignition source, which could result in an
oxygen-fed fire; or could cause an inlet valve to jam in an oxygen mask
stowage box unit, which could result in restricted flow of oxygen.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletins 737-35A1121, dated
December 14, 2009; 747-35A2126, dated October 8, 2009; and 767-35A0057,
dated October 8, 2009. The service bulletins describe procedures for a
general visual inspection for affected serial numbers of the crew
oxygen mask stowage box units, and replacement of the affected crew
oxygen mask stowage box unit with a new crew oxygen mask stowage box
unit.
    The service information refers to Intertechnique Service Bulletin
MXP1/4-35-175, dated September 11, 2009, for inspecting the serial
numbers of the crew oxygen mask stowage box units.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs. This proposed AD would require accomplishing the actions
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 40 airplanes of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with this proposed AD. The average labor rate is $85
per work-hour. Based on these figures, we estimate the cost of this
proposed AD to the U.S. operators to be $3,400, or $85 per product.

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), and
    3. 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

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 AD:

The Boeing Company: Docket No. FAA-2010-1042; Directorate Identifier
2010-NM-094-AD.

Comments Due Date

    (a) We must receive comments by December 20, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company airplanes,
certificated in any category, as identified in paragraphs (c)(1),
(c)(2), and (c)(3) of this AD.
    (1) Model 737-700, -700C, -800, -900ER series airplanes, as
identified in Boeing Alert Service Bulletin 737-35A1121, dated
December 14, 2009.
    (2) Model 747-400F series airplanes, as identified in Boeing
Alert Service Bulletin 747-35A2126, dated October 8, 2009.
    (3) Model 767-200 and -300 series airplanes, as identified in
Boeing Alert Service Bulletin 767-35A0057, dated October 8, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 35: Oxygen.

Unsafe Condition

    (e) This AD results from reports indicating that certain crew
oxygen mask stowage box units were possibly delivered with a burr in
the inlet fitting. The Federal Aviation Administration is issuing
this AD to prevent an ignition source, which could result in an
oxygen-fed fire; or could cause an inlet valve to jam in an oxygen
mask stowage box unit, which could result in restricted flow of
oxygen.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspection and Corrective Action

    (g) Within 24 months after the effective date of this AD: Do a
general visual inspection to determine if the serial number of the
crew oxygen mask stowage box units is identified in the Appendix of
Intertechnique Service Bulletin MXP1/4-35-175, dated September 11,
2009, in accordance with the Accomplishment Instructions of the
applicable Boeing Alert Service Bulletin listed in Table 1 of this
AD. A review of airplane maintenance records is acceptable in lieu
of this inspection if the serial number of the crew oxygen mask
stowage box units can be conclusively determined from that review.
If any crew oxygen mask stowage box unit has a serial number
identified in the Appendix of Intertechnique Service Bulletin MXP1/
4-35-175, dated September 11, 2009: Before further flight, replace
the crew oxygen mask stowage box unit with a new unit, in accordance
with the Accomplishment Instructions of the applicable Boeing alert
service bulletin listed in Table 1 of this AD.

                                          Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
          Boeing airplane model                       Document                              Date
----------------------------------------------------------------------------------------------------------------
737-700, -700C, -800, -900ER series       Boeing Alert Service Bulletin     December 14, 2009.
 airplanes.                                737-35A1121.
747-400F series airplanes...............  Boeing Alert Service Bulletin     October 8, 2009.
                                           747-35A2126.
767-200 and -300 series airplanes.......  Boeing Alert Service Bulletin     October 8, 2009.
                                           767-35A0057.
----------------------------------------------------------------------------------------------------------------

Parts Installation

    (h) As of the effective date of this AD, no person may install a
crew oxygen mask stowage box unit identified in the Appendix of
Intertechnique Service Bulletin MXP1/4-35-175, dated September 11,
2009, on any airplane.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Susan L. Monroe, Aerospace Engineer, Cabin Safety and
Environmental Systems Branch, ANM-150S, FAA, Seattle ACO, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6457; fax<PHONE_NUMBER>. Information may be e-mailed to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

    Issued in Renton, Washington, on October 26, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-27745 Filed 11-2-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65447-65448]
[FR Doc No: 2019-25802]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87595; File No. 4-698]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the Plan Governing the Consolidated Audit Trail To Add
Long-Term Stock Exchange LLC as a Participant

November 22, 2019.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given
that on October 18, 2019, Long-Term Stock Exchange LLC (``LTSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') an amendment to the Plan Governing the Consolidated
Audit Trail (``Plan'').\3\ The amendment adds LTSE as a Participant to
the Plan. The Commission is publishing this notice to solicit comments
on the amendment from interested persons.
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    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ The Commission approved the CAT NMS Plan on November 16,
2016. See Securities Exchange Act Release No. 79318, 81 FR 84695
(November 23, 2016) (order approving the CAT NMS Plan).
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I. Description and Purpose of the Amendment

    The amendment to the CAT NMS Plan adds LTSE as a Participant.\4\
The CAT NMS Plan provides that any Person \5\ approved by the
Commission as

a national securities exchange or national securities association under
the Exchange Act may become a Participant by submitting to the Company
\6\ a completed application in the form provided by the Company.\7\ As
a condition to admission as a Participant, said Person shall: (i)
Execute a counterpart of the CAT NMS Plan, at which time Exhibit A
shall be amended to reflect the status of said Person as a Participant
(including said Person's address for purposes of notices delivered
pursuant to the CAT NMS Plan); and (ii) pay a fee to the Company as set
forth in the Plan (the ``Participation Fee'').\8\ The amendment to the
Plan reflecting the admission of a new Participant shall be effective
only when: (x) It is approved by the Commission in accordance with Rule
608 or otherwise becomes effective pursuant to Rule 608; and (y) the
prospective Participant pays the Participation Fee.\9\
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    \4\ Defined in Section 1.1 of the Plan as follows:
``Participant'' means each Person identified as such on Exhibit A
hereto, and any Person that becomes a Participant as permitted by
this Agreement, in such Person's capacity as a Participant in the
Company (it being understood that the Participants shall comprise
the ``members'' of the Company (as the term ``member'' is defined in
Section 18-101(11) of the Delaware Act)).
    \5\ Defined in Section 1.1 of the Plan as follows: ``Person''
means any individual, partnership, limited liability company,
corporation, joint venture, trust, business trust, cooperative or
association and any heirs, executors, administrators, legal
representatives, successors and assigns of such Person where the
context so permits.
    \6\ The ``Company'' refers to the limited liability company,
Consolidated Audit Trail, LLC, which is responsible for conducting
the activities of the CAT. See Securities Exchange Act Release No.
87149 (September 27, 2019), 84 FR 52905 (October 3, 2019).
    \7\ See Section 3.3 of the CAT NMS Plan. LTSE was approved as a
national securities exchange on May 10, 2019. See Securities and
Exchange Act Release No. 85828, 84 FR 21814 (May 15, 2019).
    \8\ See Section 3.3 of the CAT NMS Plan.
    \9\ Id.
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    LTSE has executed a copy of the current CAT NMS Plan, amended to
include LTSE in the List of Parties (including the address of LTSE),
paid the applicable Participation Fee and provided each current Plan
Participant with a copy of the executed and amended Plan.\10\
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    \10\ See Letter from Howard Steinberg, Chief Regulatory Officer,
LTSE, dated October 17, 2019, to Vanessa Countryman, Secretary,
Commission.
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II. Effectiveness of the Proposed Linkage Plan Amendment

    The foregoing Plan amendment has become effective pursuant to Rule
608(b)(3)(iii) \11\ because it involves solely technical or ministerial
matters. At any time within sixty days of the filing of this amendment,
the Commission may summarily abrogate the amendment and require that it
be refiled pursuant to paragraph (a)(1) of Rule 608,\12\ if it appears
to the Commission that such action is necessary or appropriate in the
public interest, for the protection of investors or the maintenance of
fair and orderly markets, to remove impediments to, and perfect the
mechanisms of, a national market system or otherwise in furtherance of
the purposes of the Act.
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    \11\ 17 CFR 242.608(b)(3)(iii).
    \12\ 17 CFR 242.608(a)(1).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the amendment is
consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number 4-698 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number 4-698. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549-1090 on official business days between the hours of 10:00 a.m.
and 3:00 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number 4-698 and should be submitted
on or before December 12, 2019.

    By the Commission.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-25802 Filed 11-26-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Notices]
[Page 9358]
[FR Doc No: 2021-02870]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0022]

Technical Mapping Advisory Council; Meeting

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Committee management; notice of Federal Advisory Committee
meeting.

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SUMMARY: The Federal Emergency Management Agency (FEMA) Technical
Mapping Advisory Council (TMAC) will hold a virtual meeting on Monday,
March 1, 2021, and Tuesday, March 2, 2021. The meeting will be open to
the public via a Zoom Video Communications link.

DATES: The TMAC will meet on Monday, March 1, 2021, and Tuesday, March
2, 2021 from 10 a.m. to 4 p.m. Eastern Time (ET). Please note that the
meeting will close early if the TMAC has completed its business.

ADDRESSES: The meeting will be held virtually using the following Zoom
Video Communications link (https://fema.zoomgov.com/j/16195624614) and
password (875873) to share meeting visuals and audio. Audio is also
accessible using a Zoom call in number (1-669-254-5252) along with the
Meeting Identification<PHONE_NUMBER>4) and password. Members of the
public who wish to attend the virtual meeting must register in advance
by sending an email to<EMAIL_ADDRESS>(Attention: Brian Koper)
by 5 p.m. ET on Friday, February 26, 2021. For information on services
for individuals with disabilities or to request special assistance at
the meeting, contact the person listed in the FOR FURTHER INFORMATION
CONTACT caption below as soon as possible.
    To facilitate public participation, members of the public are
invited to provide written comments on the issues to be considered by
the TMAC, as listed in the SUPPLEMENTARY INFORMATION caption below.
Associated meeting materials will be available at the TMAC website
(https://www.fema.gov/flood-maps/guidance-partners/technical-mapping-advisory-council) for review by Friday, February 26, 2021. Written
comments to be considered by the committee at the time of the meeting
must be submitted and received by Friday, February 26, 2021, identified
by Docket ID FEMA-2014-0022, and submitted by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email: Address the email to<EMAIL_ADDRESS>
Include the docket number in the subject line of the message. Include
name and contact information in the body of the email.
    Instructions: All submissions received must include the words
``Federal Emergency Management Agency'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
    Docket: For docket access to read background documents or comments
received by the TMAC, go to http://www.regulations.gov and search for
the Docket ID FEMA-2014-0022.
    A public comment period will be held on Monday, March 1, 2021 from
12 p.m. to 12:30 p.m. ET and Tuesday, March 2, 2021 from 12 p.m. to
12:30 p.m. ET. The public comment period will not exceed 30 minutes.
Please note that the public comment period may end before the time
indicated, following the last call for comments. Contact the individual
listed below to register as a speaker by close of business on Friday,
February 26, 2021.

FOR FURTHER INFORMATION CONTACT: Brian Koper, Designated Federal
Officer for the TMAC, FEMA, 400 C Street SW, Washington, DC 20024, 202-
646-3085<EMAIL_ADDRESS>The TMAC website is: https://www.fema.gov/flood-maps/guidance-partners/technical-mapping-advisory-council.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).
    In accordance with the Biggert-Waters Flood Insurance Reform Act of
2012, the TMAC makes recommendations to the FEMA Administrator on: (1)
How to improve, in a cost-effective manner, the (a) accuracy, general
quality, ease of use, and distribution and dissemination of flood
insurance rate maps and risk data; and (b) performance metrics and
milestones required to effectively and efficiently map flood risk areas
in the United States; (2) mapping standards and guidelines for (a)
flood insurance rate maps, and (b) data accuracy, data quality, data
currency, and data eligibility; (3) how to maintain, on an ongoing
basis, flood insurance rate maps and flood risk identification; (4)
procedures for delegating mapping activities to State and local mapping
partners; and (5)(a) methods for improving interagency and
intergovernmental coordination on flood mapping and flood risk
determination, and (b) a funding strategy to leverage and coordinate
budgets and expenditures across Federal agencies. Furthermore, the TMAC
is required to submit an annual report to the FEMA Administrator that
contains: (1) A description of the activities of the Council; (2) an
evaluation of the status and performance of flood insurance rate maps
and mapping activities to revise and update Flood Insurance Rate Maps;
and (3) a summary of recommendations made by the Council to the FEMA
Administrator.
    Agenda: The purpose of this meeting is for the TMAC members to hold
a vote to submit the final report to the FEMA Administrator, introduce
2021 TMAC tasking, and vote to appoint a new chair for 2021. Any
related materials will be posted to the FEMA TMAC site prior to the
meeting to provide the public an opportunity to review the materials.
The full agenda and related meeting materials will be posted for review
by Friday, February 26, 2021 at https://www.fema.gov/flood-maps/guidance-partners/technical-mapping-advisory-council.

Michael M. Grimm,
Assistant Administrator for Risk Management, Federal Emergency
Management Agency.
[FR Doc. 2021-02870 Filed 2-11-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Notices]
[Page 61750]
[DOCID:fr19oc06-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER06-1291-000]

Mt. Tom Generating Company, LLC; Notice of Issuance of Order

October 13, 2006.
    Mt. Tom Generating Company, LLC (Mt. Tom Generating) filed an
application for market-based rate authority, with an accompanying
tariff. The proposed market-based rate tariff provides for the sale of
energy, capacity and ancillary services at market-based rates. Mt. Tom
Generating also requested waivers of various Commission regulations. In
particular, Mt. Tom Generating requested that the Commission grant
blanket approval under 18 CFR part 34 of all future issuances of
securities and assumptions of liability by Mt. Tom Generating.
    On August 28, 2006, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the requests
for blanket approval under part 34. The Director's order also stated
that the Commission would publish a separate notice in the Federal
Register establishing a period of time for the filing of protests.
Accordingly, any person desiring to be heard or to protest the blanket
approvals of issuances of securities or assumptions of liability by Mt.
Tom Generating should file a motion to intervene or protest 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, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is November 13, 2006.
    Absent a request to be heard in opposition by the deadline above,
Mt. Tom Generating is authorized to issue securities and assume
obligations or liabilities as a guarantor, indorser, surety, or
otherwise in respect of any security of another person; provided that
such issuance or assumption is for some lawful object within the
corporate purposes of Mt. Tom Generating, compatible with the public
interest, and is reasonably necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Mt. Tom Generating's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-17490 Filed 10-18-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21718-21719]
[FR Doc No: 2015-09012]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9926-42-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended, (``CAA'' or the ``Act''), notice is hereby given of a proposed
consent decree to address a lawsuit filed by American Fuel &
Petrochemical Manufacturers and American Petroleum Institute
(collectively ``Plaintiffs''): American Fuel & Petrochemical
Manufacturers, et al. v. EPA, No. 1:15-cv-394 (D. DC). In this lawsuit,
Plaintiffs allege that EPA has failed to meet the CAA requirement that
the Agency establish renewable fuel obligations applicable to calendar
years 2014 and 2015. They also allege that EPA failed to timely approve
or disapprove Plaintiffs' petition requesting that EPA waive in part
the CAA applicable volumes of renewable fuel for calendar year 2014.
The proposed consent decree establishes deadlines for EPA to take
proposed and final action regarding renewable fuel obligations for
2015, a deadline for EPA to take final action regarding renewable fuel
obligations for 2014 and a deadline for EPA to approve or disapprove
Plaintiffs' petition seeking a partial waiver of CAA renewable fuel
applicable volumes for 2014.

DATES: Written comments on the proposed consent decree must be received
by May 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0261, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Roland Dubois, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve the lawsuit filed by
Plaintiffs by establishing that EPA must take proposed action by June
1, 2015 and final action by November 30, 2015 to address renewable fuel
obligations under CAA 211(o) for calendar year 2015. In addition, the
proposed decree would establish that EPA must take final action by
November 30, 2015 to address renewable fuel obligations for calendar
year 2014 and to approve or disapprove Plaintiffs' petition seeking a
partial waiver of renewable fuel applicable volumes set forth in CAA
211(o)(2) for calendar year 2014. See the proposed consent decree for
the specific details.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
interveners to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the decree will be affirmed.

 II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2015-0261) contains a

copy of the proposed consent decree. The official public docket is
available for public viewing at the Office of Environmental Information
(OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OEI
Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use www.regulations.gov to submit or view
public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, key in
the appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, information that is claimed
as confidential business information (CBI), or other information whose
disclosure is restricted by statute. Information claimed as CBI and
other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do i submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: April 9, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-09012 Filed 4-17-15; 8:45 am]
 BILLING CODE 6560-50-P