[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60150-60151]
[FR Doc No: 2014-23759]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER14-2017-002.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing per 35: 2014-09-26_FNM_Waiver to be
effective N/A.
    Filed Date: 9/26/14.
    Accession Number: 20140926-5220.
    Comments Due: 5 p.m. ET 10/3/14.

    Docket Numbers: ER14-2325-000.
    Applicants: Mosaic Fertilizer, LLC.
    Description: eTariff filing per 35.19a(b): Refund Report to be
effective N/A.
    Filed Date: 9/26/14.
    Accession Number: 20140926-5185.
    Comments Due: 5 p.m. ET 10/17/14.

    Docket Numbers: ER14-2952-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
09-26_Amend Schedule 43, 43G, & 43H to be effective 12/1/2014.
    Filed Date: 9/26/14.
    Accession Number: 20140926-5183.
    Comments Due: 5 p.m. ET 10/17/14.

    Docket Numbers: ER14-2953-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of
Service Agreement No. 3047; Queue No. W3-095 to be effective 11/17/
2014.
    Filed Date: 9/26/14.
    Accession Number: 20140926-5188.
    Comments Due: 5 p.m. ET 10/17/14.

    Docket Numbers: ER14-2954-000.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Tariff Withdrawal per 35.15: REA and EESA Cancellation
to be effective 10/1/2014.
    Filed Date: 9/26/14.
    Accession Number: 20140926-5206.
    Comments Due: 5 p.m. ET 10/17/14.

    Docket Numbers: ER14-2955-000.
    Applicants: Skylar Resources, LP.
    Description: Initial rate filing per 35.12 Application for Market-
Based Rates to be effective 10/25/2014.
    Filed Date: 9/26/14.
    Accession Number: 20140926-5212.
    Comments Due: 5 p.m. ET 10/17/14.

    Docket Numbers: ER14-2956-000.
    Applicants: Hoopeston Wind, LLC.
    Description: Initial rate filing per 35.12 Hoopsten Wind Baseline
Tariff Filing to be effective 9/26/2014.
    Filed Date: 9/26/14.
    Accession Number: 20140926-5221.
    Comments Due: 5 p.m. ET 10/17/14.

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

    Docket Numbers: ES14-54-000.
    Applicants: NorthWestern Corporation.
    Description: Application for authorization to issue securities
under FPA Section 204 of NorthWestern Corporation.
    Filed Date: 9/29/14.
    Accession Number: 20140929-5072.
    Comments Due: 5 p.m. ET 10/20/14.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF14-809-000.
    Applicants: CF Industries Nitrogen, LLC.
    Description: Form 556 of CF Industries Nitrogen, LLC.
    Filed Date: 9/29/14.
    Accession Number: 20140929-5100.
    Comments Due: None Applicable.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing

requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 29, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-23759 Filed 10-3-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47585-47586]
[FR Doc No: 2017-21996]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81826; File No. SR-Phlx-2017-67]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Order Approving a
Proposed Rule Change Relating to Quarterly Trading Requirements

October 5, 2017.

I. Introduction

    On August 3, 2017, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934
(``Act''),\2\ and Rule 19b-4 thereunder,\3\ a proposed rule change
regarding quarterly trading requirements applicable to Registered
Options Traders (``ROTs''). The proposed rule change was published for
comment in the Federal Register on August 22, 2017.\4\ The Commission
received no comments on the proposal. This order approves the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 81409 (August 16,
2017), 82 FR 39925 (``Notice'').
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II. Description of the Proposal

    The Exchange proposes two amendments to a quarterly trading
requirement applicable to certain ROTs. ROTs can be either Streaming
Quote Traders \5\ (``SQTs''), Remote SQTs \6\ (``RSQTs'') or non-SQT
ROTs.\7\ Currently, Phlx Rule 1014, Commentary .01 requires SQTs and
non-SQT ROTs, but not RSQTs, to trade 1,000 contracts and 300
transactions on the Exchange each quarter (excluding transactions
executed in the trading crowd where the contra-side is an ROT). The
Exchange proposes to: (1) Apply the quarterly trading requirement only
to non-SQT ROTs (and no longer to SQTs); and (2) add a new alternative
standard to meet this requirement. Specifically, the Exchange proposes
to amend Phlx Rule 1014, Commentary .01 to require only a non-SQT ROT
to trade either (a) 1,000 contracts and 300 transactions (the ``1000/
300 Alternative,'' which is the current requirement) or (b) 10,000
contracts and 100 transactions (the ``New Alternative''), on the
Exchange each quarter.\8\ The Exchange notes that, similar to the
current 1000/300 Alternative, the New Alternative is a pure trading
requirement, not limited, like other trading requirements, to assigned
options \9\ and in person trading.\10\ Accordingly, the Exchange
proposes that the New Alternative requirement can be fulfilled with
trades and contracts that are not in assigned options and not executed
in person, although the existing trading requirements respecting ``in
assigned'' options and ``in person'' trading must still be met.\11\ In
addition, the Exchange proposes that limit orders can continue to be
counted toward either minimum trading requirement.\12\
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    \5\ An SQT is an ROT who has received permission from the
Exchange to generate and submit option quotations electronically in
options to which such SQT is assigned. An SQT may only submit such
quotations while such SQT is physically present on the floor of the
Exchange. An SQT may only trade in a market making capacity in
classes of options in which the SQT is assigned. See Phlx Rule
1014(b)(ii)(A).
    \6\ An RSQT is an ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically in options to which such RSQT has been assigned. A
qualified RSQT may function as a Remote Specialist upon Exchange
approval. See Phlx Rule 1014(b)(ii)(B).
    \7\ A non-SQT ROT is an ROT who is neither an SQT nor an RSQT.
See Phlx Rule 1014(b)(ii)(C). The Exchange notes that by definition,
non-SQT ROTs do not ``stream'' quotes, meaning send quotes
electronically to the Exchange; instead, pursuant to Commentary .18
of Phlx Rule 1014, they submit limit orders electronically and
respond to Floor Brokers verbally. See Notice, supra note 4, at
39926.
    \8\ Transactions executed in the trading crowd where the contra-
side is an ROT would continue to be ineligible to satisfy this
quarterly trading requirement. See Notice, supra note 4, at 39927.
    \9\ See Phlx Rule 1014.03.
    \10\ See Phlx Rule 1014.01.
    \11\ See Notice, supra note 4, at 39927.
    \12\ See id. The Exchange states that it is not seeking to
burden these market participants by limiting the type of qualifying
transactions eligible to meet the requirement. See id.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act \13\
and the rules and regulations thereunder applicable to the
Exchange.\14\ Specifically, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\15\ which
requires, among other things, that the rules of an exchange be designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest,
and not be designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ In approving these proposed rule changes, the Commission
has considered the proposed rules' impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(5).
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    The Commission believes that the Exchange's proposal to apply the
quarterly trading requirement only to non-SQT ROTs is consistent with
the Act. The Exchange has noted that SQTs are subject to continuous
quoting requirements when trading electronically in their assigned
series.\16\ In contrast, the Exchange represents that non-SQT ROTs are
not similarly subject to continuous quoting obligations as they do not
electronically stream quotes into the Exchange and may only quote
verbally in response to Floor Brokers representing orders in the
trading crowd or submit limit orders electronically.\17\ Accordingly,
the Exchange believes that, because SQTs are already subject to
continuous quoting obligations, it is appropriate to exclude them from
the quarterly trading requirement and to impose obligations in a manner
consistent with their business model.\18\ The Commission therefore
believes that this aspect of the proposal is reasonably designed to
preserve the market making function performed by ROTs and to ensure
that ROTs continue to provide adequate liquidity to the Exchange, while
applying standards that reflect the differing operating models of SQTs
and non-SQT ROTs. Accordingly, the Commission believes that the
Exchange's proposal to amend Phlx Rule 1014, Commentary .01 to apply
the quarterly trading requirement only to non-SQT ROTs is consistent
with Section 6(b)(5) of the Act in that it is reasonably designed to
help promote just and equitable principles of trade, and to protect
investors and the public interest, and is not designed to permit unfair
discrimination.
---------------------------------------------------------------------------

    \16\ See Notice, supra note 4, at 39927.
    \17\ See id. at 39926 and 39928.
    \18\ See id. at 39928.
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    The Commission also believes that the Exchange's proposed amendment
to create the New Alternative quarterly trading requirement is
consistent with the Act. The Exchange represents that in recent years
it has observed lower trading volumes on its floor, as well as
increased use of mechanisms such as the Qualified Contingent Cross
(``QCC'') mechanism for larger orders, in which non-SQT ROTs may not
submit responses.\19\ The Exchange notes that it has also become
difficult for non-SQT ROTs to meet the 1000/300 Alternative because
non-SQT ROTs do not stream quotes electronically, but instead quote
verbally in response to Floor Brokers representing orders in the
trading

crowd, where they cannot control the size or frequency of trading
interest.\20\ The Exchange asserts that the New Alternative serves as a
reasonable standard by which to assess the level of liquidity provided
by non-SQT ROTs, albeit with a focus on an additional liquidity metric
of fewer trades that are larger in size.\21\ The Exchange states that,
since 100 transactions is only 33% of the current requirement, it
proposes to increase the total number of executed contracts requirement
in the New Alternative by 900 percent to 10,000 contracts, so as not to
dilute the overall trading requirement.\22\ The Commission therefore
believes that the Exchange's proposal should continue to encourage
active market making and thereby promote the provision of liquidity to
the market. The Commission also notes that non-SQT ROTs continue to
have the option of complying with the current requirement (i.e., the
1000/300 Alternative) if they so choose. Accordingly, the Commission
believes that the Exchange's proposed amendments to create the New
Alternative standard to satisfy the quarterly trading requirement is
reasonably designed to preserve the market making function performed by
non-SQT ROTs and thereby serves to maintain a fair and orderly market
and should remove impediments to and perfect the mechanism of a free
and open market and a national market system and help protect investors
and the public interest, consistent with Section 6(b)(5) of the Act.
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    \19\ See id. at 39927 and 39928.
    \20\ See id. at 39928.
    \21\ See id. at 39927 and 39928.
    \22\ See id. at 39927.
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\23\ that the proposed rule change (SR-Phlx-2017-67), be, and hereby
is, approved.
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    \23\ 15 U.S.C. 78s(b)(2).
    \24\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21996 Filed 10-11-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60426-60429]
[FR Doc No: 2017-27337]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32939; 812-14785]

Ausdal Financial Partners, Inc. and Ausdal Unit Investment Trust

December 14, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under (a) section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from sections 2(a)(32),
2(a)(35), 14(a), 19(b), 22(d) and 26(a)(2)(C) of the Act and rules 19b-
1 and rule 22c-1 thereunder and (b) sections 11(a) and 11(c) of the Act
for approval of certain exchange and rollover privileges.
    Applicants: Ausdal Financial Partners, Inc. (``Ausdal'') and Ausdal
Unit Investment Trust.\1\
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    \1\ Applicants also request relief for future registered unit
investment trusts (collectively, with Ausdal Unit Investment Trust,
the ``Trusts'') and series of the Trusts (``Series'') that are
sponsored by Ausdal or any entity controlling, controlled by or
under common control with Ausdal (together with Ausdal, the
``Depositor''). Any future Trust and Series that relies on the
requested order will comply with the terms and conditions of the
application. All existing entities that currently intend to rely on
the requested order are named as applicants.
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    Summary of Application: Applicants request an order to permit
certain unit investment trusts (``UIT'') to: (a) impose sales charges
on a deferred basis and waive the deferred sales charge in certain
cases; (b) offer unitholders certain exchange and rollover options; (c)
publicly offer units without requiring the Depositor to take for its
own account $100,000 worth of units; and (d) distribute capital gains
resulting from the sale of portfolio securities within a reasonable
time after receipt.
    Filing Dates: The application was filed on June 20, 2017, and
amended on October 27, 2017.
    Hearing or Notification of Hearing: An order granting the requested
relief 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 January
8, 2018, and should be accompanied by proof of service on applicants,
in the form of an affidavit, or for lawyers, a certificate of service.
Pursuant to rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE, Washington, DC 20549-1090; Applicants, 3250 Lacey Road, Suite 130,
Downers Grove, IL 60515, and Morrison C. Warren, Walter L. Draney and
Suzanne M. Russell, Chapman and Cutler LLP, 111 West Monroe Street,
Chicago, IL 60603.

FOR FURTHER INFORMATION CONTACT: Laura L. Solomon, Senior Counsel, at
(202) 551-6915, or David J. Marcinkus, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website 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. Ausdal Unit Investment Trust and any future Trust will be a UIT
registered under the Act. Ausdal, an Iowa corporation, is registered
under the Securities Exchange Act of 1934 as a broker-dealer and will
be the Depositor of Ausdal Unit Investment Trust. Each Series will be
created by a trust indenture between the Depositor and a banking
institution or trust company as trustee.
    2. The Depositor acquires a portfolio of securities, which it
deposits with the series trustee (``Trustee'') in exchange for
certificates representing units of fractional undivided interest in the
Series' portfolio (``Units''). The Units are offered to the public
through the Depositor and dealers at a price which, during the initial
offering period, is based upon the aggregate market value of the
underlying securities, or, the aggregate offering side evaluation of
the underlying securities if the underlying securities are not listed
on a securities exchange, plus a front-end sales charge, a deferred
sales charge or both. The maximum sales charge may be reduced in
compliance with rule 22d-1 under the Act in certain circumstances,
which are disclosed in the Series' prospectus.
    3. The Depositor may, but is not legally obligated to, maintain a
secondary market for Units of an outstanding Series. Other broker-
dealers may or may not maintain a secondary market for Units of a
Series. If a secondary market is maintained, investors will be able to
purchase Units on the secondary market at the current public offering
price plus a front-end sales charge. If such a market is not maintained
at any time for any Series, holders of the Units (``Unitholders'') of
that Series may redeem their Units through the Trustee.

A. Deferred Sales Charge and Waiver of Deferred Sales Charge Under
Certain Circumstances

    1. Applicants request an order to the extent necessary to permit
one or more Series to impose a sales charge on a deferred basis
(``DSC''). For each Series, the Depositor would set a maximum sales
charge per Unit, a portion of which may be collected ``up front''
(i.e., at the time an investor purchases the Units). The DSC would be
collected subsequently in installments (``Installment Payments'') as
described in the application. The Depositor would not add any amount
for interest or any similar or related charge to adjust for such
deferral.
    2. When a Unitholder redeems or sells Units, the Depositor intends
to deduct any unpaid DSC from the redemption or sale proceeds. When
calculating the amount due, the Depositor will assume that Units on
which the DSC has been paid in full are redeemed or sold first. With
respect to Units on which the DSC has not been paid in full, the
Depositor will assume that the Units held for the longest time are
redeemed or sold first. Applicants represent that the DSC collected at
the time of redemption or sale, together with the Installment Payments
and any amount collected up front, will not exceed the maximum sales
charge per Unit. Under certain circumstances, the Depositor may waive
the collection of any unpaid DSC in connection with redemptions or
sales of Units. These circumstances will be disclosed in the prospectus
for the relevant Series and implemented in accordance with rule 22d-1
under the Act.
    3. Each Series offering Units subject to a DSC will state the
maximum charge per Unit in its prospectus. In addition, the prospectus
for such Series will include the table required by Form N-1A (modified
as appropriate to reflect the difference between UITs and open-end
management investment companies) and a schedule setting forth the
number and date of each Installment Payment, along with the duration of
the collection period. The prospectus also will disclose that portfolio
securities may be sold to pay the DSC if distribution income is
insufficient and that securities will be sold pro rata, if practicable,
otherwise a specific security will be designated for sale.

B. Exchange Option and Rollover Option

    1. Applicants request an order to the extent necessary to permit
Unitholders of a Series to exchange their Units for Units of another
Series (``Exchange Option'') and Unitholders of a Series that is
terminating to exchange their Units for Units of a new Series of the
same type (``Rollover Option''). The Exchange Option and Rollover
Option would apply to all exchanges of Units sold with a front-end
sales charge, a DSC or both.
    2. A Unitholder who purchases Units under the Exchange Option or
Rollover Option would pay a lower sales charge than that which would be
paid for the Units by a new investor. The reduced sales charge will be
reasonably related to the expenses incurred in connection with the
administration of the DSC program, which may include an amount that
will fairly and adequately compensate the Depositor and participating
underwriters and brokers for their services in providing the DSC
program.

    Applicants' Legal Analysis:

A. DSC and Waiver of DSC

    1. Section 4(2) of the Act defines a ``unit investment trust'' as
an investment company that issues only redeemable securities. Section
2(a)(32) of the Act defines a ``redeemable security'' as a security
that, upon its presentation to the issuer, entitles the holder to
receive approximately his or her proportionate share of the issuer's
current net assets or the cash equivalent of those assets. Rule 22c-1
under the Act requires that the price of a redeemable security issued
by a registered investment company for purposes of sale, redemption or
repurchase be based on the security's current net asset value
(``NAV''). Because the collection of any unpaid DSC may cause a
redeeming Unitholder to receive an amount less than the NAV of the
redeemed Units, applicants request relief from section 2(a)(32) and
rule 22c-1.

    2. Section 22(d) of the Act and rule 22d-1 under the Act require a
registered investment company and its principal underwriter and dealers
to sell securities only at the current public offering price described
in the investment company's prospectus, with the exception of sales of
redeemable securities at prices that reflect scheduled variations in
the sales load. Section 2(a)(35) of the Act defines the term ``sales
load'' as the difference between the sales price and the portion of the
proceeds invested by the depositor or trustee. Applicants request
relief from section 2(a)(35) and section 22(d) to permit waivers,
deferrals or other scheduled variations of the sales load.
    3. Under section 6(c) of the Act, the Commission may exempt classes
of transactions, if and to the extent that 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 state that their proposal meets
the standards of section 6(c). Applicants state that the provisions of
section 22(d) are intended to prevent (a) riskless trading in
investment company securities due to backward pricing, (b) disruption
of orderly distribution by dealers selling shares at a discount, and
(c) discrimination among investors resulting from different prices
charged to different investors. Applicants assert that the proposed DSC
program will present none of these abuses. Applicants further state
that all scheduled variations in the sales load will be disclosed in
the prospectus of each Series and applied uniformly to all investors,
and that applicants will comply with all the conditions set forth in
rule 22d-1.
    4. Section 26(a)(2)(C) of the Act, in relevant part, prohibits a
trustee or custodian of a UIT from collecting from the trust as an
expense any payment to the trust's depositor or principal underwriter.
Because the Trustee's payment of the DSC to the Depositor may be deemed
to be an expense under section 26(a)(2)(C), applicants request relief
under section 6(c) from section 26(a)(2)(C) to the extent necessary to
permit the Trustee to collect Installment Payments and disburse them to
the Depositor. Applicants submit that the relief is appropriate because
the DSC is more properly characterized as a sales load.

B. Exchange Option and Rollover Option

    1. Sections 11(a) and 11(c) of the Act prohibit any offer of
exchange by a UIT for the securities of another investment company
unless the terms of the offer have been approved in advance by the
Commission. Applicants request an order under sections 11(a) and 11(c)
for Commission approval of the Exchange Option and the Rollover Option.

C. Net Worth Requirement

    1. Section 14(a) of the Act requires that a registered investment
company have $100,000 of net worth prior to making a public offering.
Applicants state that each Series will comply with this requirement
because the Depositor will deposit more than $100,000 of securities.
Applicants assert, however, that the Commission has interpreted section
14(a) as requiring that the initial capital investment in an investment
company be made without any intention to dispose of the investment.
Applicants state that, under this interpretation, a Series would not
satisfy section 14(a) because of the Depositor's intention to sell all
the Units of the Series.
    2. Rule 14a-3 under the Act exempts UITs from section 14(a) if
certain conditions are met, one of which is that the UIT invest only in
``eligible trust securities,'' as defined in the rule. Applicants state
that they may not rely on rule 14a-3 because certain Series
(collectively, ``Structured Series'') will invest all or a portion of
their assets in equity securities, certain debt securities, shares of
registered investment companies, Flexible Exchange[supreg] Options
(``FLEX Options''),\2\ or other assets which do not satisfy the
definition of eligible trust securities.
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    \2\ Applicants state that a Structured Series will invest in
FLEX Options with expiration dates that coincide with the Structured
Series' maturity date and any relief granted from the provisions of
sections 14(a) and 19(b) of the Act and rule 19b-1 under the Act
included in the requested order will not extend to any Series that
intends to hold a derivative security other than FLEX Options.
---------------------------------------------------------------------------

    3. Applicants request an exemption under section 6(c) of the Act to
the extent necessary to exempt the Structured Series from the net worth
requirement in section 14(a). Applicants state that the Series and the
Depositor will comply in all respects with the requirements of rule
14a-3, except that the Structured Series will not restrict their
portfolio investments to ``eligible trust securities.''

D. Capital Gains Distribution

    1. Section 19(b) of the Act and rule 19b-1 under the Act provide
that, except under limited circumstances, no registered investment
company may distribute long-term gains more than once every twelve
months. Rule 19b-1(c), under certain circumstances, exempts a UIT
investing in eligible trust securities (as defined in rule 14a-3) from
the requirements of rule 19b-1. Because the Structured Series do not
limit their investments to eligible trust securities, however, the
Structured Series will not qualify for the exemption in paragraph (c)
of rule 19b-1. Applicants therefore request an exemption under section
6(c) from section 19(b) and rule 19b-1 to the extent necessary to
permit capital gains earned in connection with the sale of portfolio
securities to be distributed to Unitholders along with the Structured
Series' regular distributions. In all other respects, applicants will
comply with section 19(b) and rule 19b-1.
    2. Applicants state that their proposal meets the standards of
section 6(c). Applicants assert that any sale of portfolio securities
would be triggered by the need to meet Trust expenses, Installment
Payments, or by redemption requests, events over which the Depositor
and the Structured Series do not have control. Applicants further state
that, because principal distributions must be clearly indicated in
accompanying reports to Unitholders as a return of principal and will
be relatively small in comparison to normal dividend distributions,
there is little danger of confusion from failure to differentiate among
distributions.
    Applicants' Conditions:
    Applicants agree that any order granting the requested relief will
be subject to the following conditions:

A. DSC Relief and Exchange and Rollover Options

    1. Whenever the Exchange Option or Rollover Option is to be
terminated or its terms are to be amended materially, any holder of a
security subject to that privilege will be given prominent notice of
the impending termination or amendment at least 60 days prior to the
date of termination or the effective date of the amendment, provided
that: (a) No such notice need be given if the only material effect of
an amendment is to reduce or eliminate the sales charge payable at the
time of an exchange, to add one or more new Series eligible for the
Exchange Option or the Rollover Option, or to delete a Series which has
terminated; and (b) no notice need be given if, under extraordinary
circumstances, either (i) there is a suspension of the redemption of
Units of the Series under section 22(e) of the Act and the rules and
regulations promulgated thereunder, or (ii) a Series temporarily delays
or ceases the sale of its Units because it is unable to invest amounts
effectively in accordance with

applicable investment objectives, policies and restrictions.
    2. An investor who purchases Units under the Exchange Option or
Rollover Option will pay a lower sales charge than that which would be
paid for the Units by a new investor.
    3. The prospectus of each Series offering exchanges or rollovers
and any sales literature or advertising that mentions the existence of
the Exchange Option or Rollover Option will disclose that the Exchange
Option and the Rollover Option are subject to modification, termination
or suspension without notice, except in certain limited cases.
    4. Any DSC imposed on a Series' Units will comply with the
requirements of subparagraphs (1), (2) and (3) of rule 6c-10(a) under
the Act.
    5. Each Series offering Units subject to a DSC will include in its
prospectus the disclosure required by Form N-1A relating to deferred
sales charges (modified as appropriate to reflect the differences
between UITs and open-end management investment companies) and a
schedule setting forth the number and date of each Installment Payment.

B. Net Worth Requirement

    Applicants will comply in all respects with the requirements of
rule 14a-3 under the Act, except that the Structured Series will not
restrict their portfolio investments to ``eligible trust securities.''

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-27337 Filed 12-19-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Rules and Regulations]
[Pages 60216-60218]
[FR Doc No: 2013-23858]

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

Coast Guard

33 CFR Part 165

[USCG-2013-0760]
RIN 1625-AA11

Regulated Navigation Area; Reporting Requirements for Barges
Loaded With Certain Dangerous Cargoes, Inland Rivers, Eighth Coast
Guard District; Extension of Stay (Suspension)

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Commander, Eighth Coast Guard District is extending the
previously published stay (suspension) of reporting requirements under
the Regulated Navigation Area (RNA) established by 33 CFR 165.830 for
barges loaded with certain dangerous cargoes (CDC barges) in the inland
rivers of the Eighth Coast Guard District. This extension is necessary
because the Coast Guard continues to analyze future reporting needs and
evaluate possible changes in CDC reporting requirements. This extension
of the suspension of the CDC reporting requirements in no way relieves
towing vessel operators and fleeting area managers responsible for CDC
barges in the RNA from their dangerous cargo or vessel arrival and
movement reporting obligations currently in effect under other
regulations or placed into effect under appropriate Coast Guard
authority.

DATES: Effective midnight September 30, 2013, 33 CFR 165.830(d), (f),
(g), and (h) are stayed until midnight December 31, 2015.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0760. To view documents
mentioned in this preamble as being available in the docket, go to
http://www.regulations.gov, type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this rulemaking. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
temporary rule, call or email LT Jason Doherty, Coast Guard; telephone
504-671-2266, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CDC Certain Dangerous Cargo
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it would be impracticable,
unnecessary, and contrary to the public interest.
    The contract for the CDC barge reporting system at the Inland River
Vessel Movement Center (IRVMC) expired in January 2011. Due to the
expiration of this contract, the Coast Guard is not able to receive and
process reports. Therefore in late December 2010, the Coast Guard
decided to suspend the IRVMC reporting requirements for a two-year
period. This suspension was published in the Federal Register at 76 FR
1360 (January 10, 2011), and was due to expire on January 15, 2013. On
January 2, 2013, the Coast Guard extended this suspension until
midnight, September 30, 2013 (78 FR 25).
    At this time, there is no plan to renew the contract for the CDC
barge reporting system, and the Coast Guard is still considering
whether to enter into a new contract and lift the suspension, modify
the reporting requirements in the RNA, or repeal the RNA completely.
Additionally, the Coast Guard has proposed a rule that would require
vessels in this area to install and carry Automatic Identification
Systems (AIS). See Vessel Requirements for Notices of Arrival and
Departure, and Automatic Identification System notice of proposed
rulemaking (73 FR 76295, December 16, 2008). These requirements, if
imposed, may provide a suitable alternative to the stayed reporting
requirements of 33 CFR 165.830. Therefore, an additional extension of
the stay is necessary while the Coast Guard continues to evaluate these
options.
    We believe prior notice and comment is unnecessary because we
expect the affected public will have no objection to the extension of
the temporary suspension of regulatory requirements. This suspension
has been in place since January 2011, and the Coast Guard has received
no public comment or objection regarding the suspension. Prior notice
and comment is also contrary to the public interest because there is no
public purpose served by continuing to require reports when there is no
mechanism for receiving or processing those reports.
    Under 5 U.S.C. 553(d)(1), a substantive rule that relieves a
restriction may be made effective less than 30 days after publication.
This temporary final rule, suspending the reporting requirements and
thereby relieving the regulatory restriction on towing vessel operators
and fleeting area managers provided by 33 CFR 165.830, takes effect at
midnight on September 30, 2013, less than 30 days after publication.

B. Basis and Purpose

    The legal basis for this rulemaking is the Coast Guard's authority
to establish regulated navigation areas, under 33 U.S.C. 1226, 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1. An RNA is a
water area within a defined boundary for which regulations for vessels
navigating within the area have been established, to control vessel
traffic in a place determined to have hazardous conditions. See 33 CFR
165.10; Commandant Instruction Manual M16704.3A, 1-6.
    The purpose of this temporary final rule is to extend the
previously published suspension of the reporting requirements for CDC
barges imposed by the RNA created in 33 CFR 165.830. This temporary
rule relieves the towing vessel operators and fleeting area managers
responsible for CDC barges from the reporting requirements for an
additional 2-year period.

C. Discussion of the Final Rule

    During the extended period for the suspension of reporting
requirements, towing vessel operators and fleeting area managers
responsible for CDC barges will be relieved of their obligation to

report their CDCs under 33 CFR 165.830(d), (f), (g), and (h). This
suspension in no way relieves towing vessel operators and fleeting area
managers responsible for CDC barges from their dangerous cargo or
vessel arrival and movement reporting obligations currently in effect
under other regulations or placed into effect under appropriate Coast
Guard authority. This stay is extended until December 31, 2015.

D. Regulatory Analyses

    We developed this temporary final rule after considering numerous
statutes and executive orders related to rulemaking. Below we summarize
our analyses based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order. This rule is temporary and
limited in nature by extending the previously published suspension of
CDC barge reporting requirements for an additional 2-year period,
creating no undue delay to vessel traffic in the regulated area.

2. Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some which may
be small entities: Owners or operators of CDC barges intending to
transit the Inland Rivers in the Eighth Coast Guard District during
this two-year period. This rule will not have a significant economic
impact on those entities or a substantial number of any small entities
because this rule suspends reporting requirements for two years.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions which do not

individually or cumulatively have a significant effect on the human
environment. This rule involves a 2-year extension of a previously
published suspension of reporting requirements established for CDC
barges transiting the inland rivers of the Eighth Coast Guard District.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. Under figure 2-1, paragraph (34)(g), of
the Instruction, an environmental analysis checklist and a categorical
exclusion determination are not required for this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

Sec.  165.830  [Amended]

0
2. Amend 33 CFR 165.830 by staying paragraphs (d), (f), (g), and (h)
from midnight September 30, 2013 to midnight December 31, 2015.

    Dated: September 17, 2013.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2013-23858 Filed 9-30-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Notices]
[Page 38196]
[FR Doc No: 2011-16369]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1976-DR; Docket ID FEMA-2011-0001]

Kentucky; Amendment No. 11 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
Commonwealth of Kentucky (FEMA-1976-DR), dated May 4, 2011, and related
determinations.

DATES: Effective Date: June 17, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this declared disaster is now April 12, 2011, through and
including May 20, 2011.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

    Dated. June 23, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-16369 Filed 6-28-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Rules and Regulations]
[Page 47103]
[FR Doc No: 2022-16464]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721 and 723

[EPA-HQ-OPPT-2014-0650; FRL-5605-04-OCSPP]
RIN 2070-AJ94

Significant New Uses of Chemical Substances; Updates to the
Hazard Communication Program and Regulatory Framework; Minor Amendments
to Reporting Requirements for Premanufacture Notices; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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

SUMMARY: EPA is issuing a correction to a final rule that published in
the Federal Register of Tuesday, July 5, 2022. The document revised the
regulations governing significant new uses of chemical substances under
the Toxic Substances Control Act (TSCA) to align with revisions that
were made to the Occupational Safety and Health Administration (OSHA)
Hazard Communications Standard (HCS) and changes to the OSHA
Respiratory Protection Standard and the National Institute for
Occupational Safety and Health (NIOSH) respirator certification
requirements for the respiratory protection of workers from exposure to
chemicals. EPA also amended the regulations governing Significant New
Use Rules (SNURs) to address issues that have been identified by EPA
and raised by stakeholders through public comments and made a minor
change to reporting requirements for premanufacture notices (PMNs) and
other TSCA notifications. This document corrects inadvertent errors in
three of the amendatory instructions that appeared in the regulatory
text potion of the final rule.

DATES: This correction is effective on September 6, 2022.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2014-0650, is available at
https://www.regulations.gov or in-person at the EPA Docket Center (EPA/
DC). Additional instructions on visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Tyler Lloyd, New Chemicals Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-4016; email address: [email protected].

SUPPLEMENTARY INFORMATION: In FR Doc. 2022-13324 appearing on page
39756 in the Federal Register of Tuesday, July 5, 2022 (87 FR 39756;
FRL-5605-02-OCSPP), the following corrections are made:

Sec.  721.11  [Corrected]

0
1. On page 39764, in the third column, in the amendatory instructions
identified as number 20.a., the phrase ``manufacturer, importer, or
processor'' is corrected to read ``manufacture (including import) or
process.''
0
2. On page 39764, in the third column, in the amendatory instructions
identified as 20.b., the phrase ``manufacture, import, or process'' is
corrected to read ``manufacture (including import) or process.''

Sec.  721.80  [Corrected]

0
3. On page 39769, in the first column, in the amendatory instructions
identified as number 28.b., the instructions ``In paragraphs (p), (r),
(s), (t) and (u) removing the word ``manufacture'' and adding in its
place the word ``manufacturing'' is corrected to read ``In paragraphs
(p), (q), (r), (s), (t) and (u) removing the word ``manufacture'' and
adding in its place the word ``manufacturing''.''

Sec.  723.50  [Corrected]

0
4. On page 39769, in the third column, in the amendatory instructions
identified as number 35., the instruction ``Amend Sec.  723.'' is
corrected to read ``Amend Sec.  723.50.''

    Dated: July 27, 2022.
Denise Keehner,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2022-16464 Filed 8-1-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 31, 2007 (Volume 72, Number 169)]
[Notice]
[Page 50348]
[DOCID:fr31au07-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. PR07-13-000; PR07-13-001]

Enterprise Alabama Intrastate, LLC; Notice of Shortened Comment
Period

August 22, 2007.
    Take notice that on August 22, 2007, Enterprise Alabama Intrastate,
LLC filed a Stipulation and Agreement of Settlement (Settlement) in the
above-docketed proceeding. Included in its filing was a request to
shorten the period for filing initial and reply comments in response to
the Settlement.
    Because no protests were filed in this docket and the Commission
Staff supports the Settlement, we are shortening the date for filing
initial comments to and including August 24, 2007. Reply comments
should be filed on or before August 28, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-17248 Filed 8-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 72965-72966]
[FR Doc No: 2021-27501]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0080; FRL-8795-06-OCSPP]

Pesticide Product Registration; Receipt of Applications for New
Uses--December 2021

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register new uses for
pesticide products containing currently registered active ingredients.
Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on these applications.

DATES: Comments must be received on or before January 24, 2022.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number and the File Symbol of the EPA registration
Number of interest as shown in the body of this document, by one of the
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets/about-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), main telephone number:<PHONE_NUMBER>, email address:
[email protected]. The mailing address for each contact person is:
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001. As part of the mailing
address, include the contact person's name, division, and mail code.
The division to contact is listed at the end of each application
summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI

information in a disk or CD-ROM that you mail to EPA, mark the outside
of the disk or CD-ROM as CBI and then identify electronically within
the disk or CD-ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and opportunity to comment on
these applications. Notice of receipt of these applications does not
imply a decision by the Agency on these applications.

A. Notice of Receipt--New Uses

    1. EPA Registration Number: 264-1077. Docket ID number: EPA-HQ-OPP-
2021-0449. Applicant: Bayer CropScience LP, 800 N Lingbergh Blvd., St.
Louis, MO 63167. Active ingredient: Fluopyram. Product type: Fungicide.
Proposed use: Brassica, leafy greens, except watercress, subgroup 4-
16B; celtuce; coffee; fennel, Florence, fresh leaves and stalk;
kohlrabi; leafy greens subgroup 4-16A; leaf petiole vegetables subgroup
22B; papaya; peppermint; spearmint; spice group 26; vegetable,
brassica, head and stem, group 5-16; individual crops of proposed
subgroup 6-18A: Edible podded bean legume vegetable subgroup;
individual crops of proposed subgroup 6-18B: Edible podded pea legume
vegetable subgroup; individual crops of proposed subgroup 6-18C:
Succulent shelled bean subgroup; individual crops of proposed subgroup
6-18D: Succulent shelled pea subgroup; and individual crops of proposed
subgroup 6-18E: Dried shelled bean, except soybean, subgroup. Contact:
RD.
    2. EPA Registration Number: 264-1078. Docket ID number: EPA-HQ-OPP-
2021-0449. Applicant: Bayer CropScience LP, 800 N Lingbergh Blvd., St.
Louis, MO 63167. Active ingredient: Fluopyram. Product type: Fungicide.
Proposed use: Brassica, leafy greens, except watercress, subgroup 4-
16B; celtuce; coffee; fennel, Florence, fresh leaves and stalk;
kohlrabi; leafy greens subgroup 4-16A; leaf petiole vegetables subgroup
22B; papaya; peppermint; spearmint; spice group 26; vegetable,
brassica, head and stem, group 5-16; individual crops of proposed
subgroup 6-18A: Edible podded bean legume vegetable subgroup;
individual crops of proposed subgroup 6-18B: Edible podded pea legume
vegetable subgroup; individual crops of proposed subgroup 6-18C:
Succulent shelled bean subgroup; individual crops of proposed subgroup
6-18D: Succulent shelled pea subgroup; and individual crops of proposed
subgroup 6-18E: Dried shelled bean, except soybean, subgroup. Contact:
RD.
    3. EPA Registration Number: 264-1090. Docket ID number: EPA-HQ-OPP-
2021-0449. Applicant: Bayer CropScience LP, 800 N Lingbergh Blvd., St.
Louis, MO 63167. Active ingredient: Fluopyram. Product type: Fungicide.
Proposed use: Brassica, leafy greens, except watercress, subgroup 4-
16B; celtuce; fennel, Florence, fresh leaves and stalk; kohlrabi; leafy
greens subgroup 4-16A; leaf petiole vegetables subgroup 22B; papaya;
spice group 26; vegetable, brassica, head and stem, group 5-16.
Contact: RD.
    4. EPA Registration Numbers: 10163-355 and 10163-356. Docket ID
number: EPA-HQ-OPP-2021-0130. Applicant: Gowan Company, LLC 370 S Main
St. Yuma, AZ 85366. Active ingredient: Ethalfluralin. Product type:
Herbicide. Proposed use: Hemp, stevia, vegetable, tuberous and corm,
subgroup 1C, dried shelled bean, except soybean, subgroup 6-18E, and
dry shelled pea subgroup 6-18F. Contact: RD.
    5. EPA Registration Numbers: 11195-1 & 68506-2. Docket ID number:
EPA-HQ-OPP-2021-0203. Applicant: Interregional Research Project Number
4 (IR-4), Rutgers, The State University of New Jersey, 500 College Road
East, Suite 201 W, Princeton, NJ 08540. Active ingredient: Sulfur
dioxide. Product type: Fungicide. Proposed use: Blueberry. Contact: RD.
    6. EPA Registration Number or File Symbol: 56228-AA and 56228-AL.
Docket ID number: EPA-HQ-OPP-2021-0829. Applicant: United States
Department of Agriculture, 4700 River Road, Riverdale, MD 20737. Active
ingredient: Bromethalin. Product type: Rodenticide. Proposed Use:
Island Conservation. Contact: RD.
    7. EPA Registration Number: 71512-25. Docket ID number: EPA-HQ-OPP-
2021-0386. Applicant: The State University of New Jersey Rutgers, 500
College Road East, Suite 201 W, Princeton, NJ 08540. Active ingredient:
Pyriofenone. Product type: Fungicide. Proposed use: New greenhouse uses
of Pyriofenone on tomato subgroup 8-10A, pepper/eggplant subgroup 8-10B
and cucumber. Contact: RD.

    Authority: 7 U.S.C. 136 et seq.

    Dated: December 8, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2021-27501 Filed 12-22-21; 8:45 am]
BILLING CODE 6560-50-P