[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37978-37980]
[FR Doc No: 2015-16354]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0500]
RIN 1625-AA00

Safety Zone; Bay Village Independence Day Celebration Fireworks
Display; Lake Erie, Bay Village, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie, Bay Village, OH. This safety zone is intended to restrict
vessels from a portion of Lake Erie during the Bay Village Independence
Day Celebration fireworks display. This temporary safety zone is
necessary to protect mariners and vessels from the navigational hazards
associated with a fireworks display.

DATES: This rule is effective from 9:45 p.m. until 10:35 p.m. on July
4, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0500]. 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 on this rule,
call LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland; telephone<PHONE_NUMBER>. If you have
questions on viewing the docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER> or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be impracticable and contrary to the public interest because it would
inhibit the Coast Guard's ability to protect spectators and vessels
from the hazards associated with a maritime fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 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, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
    Between 9:45 p.m. and 10:35 p.m. on July 4, 2015, a fireworks
display will be held on the shoreline of Lake Erie, Bay Village, OH. It
is anticipated that numerous vessels will be in the immediate vicinity
of the launch point. The Captain of the Port Buffalo has determined
that such a launch proximate to a gathering of watercraft pose a
significant risk to public safety and property. Such hazards include
premature and accidental detonations, dangerous projectiles, and
falling or burning debris.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during

the Bay Village Independence Day Celebration fireworks display. This
zone will be enforced from 9:45 p.m. until 10:35 p.m. on July 4, 2015.
This zone will encompass all waters of Lake Erie; Bay Village, OH
within a 560-foot radius of position 41[deg]29'23.9'' N. and
081[deg]55'44.5'' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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 those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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.
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 of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of Lake Erie on the evening of July
4, 2015.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be effective, and thus subject to enforcement, for
only 50 minutes late in the day. Traffic may be allowed to pass through
the zone with the permission of the Captain of the Port. The Captain of
the Port can be reached via VHF channel 16. Before the enforcement of
the zone, we would issue local Broadcast Notice to Mariners.

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
section 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 will not call for a 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 the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

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 that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 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. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 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.T09-0500  Safety Zone; Bay Village Independence Day
Celebration Fireworks Display; Lake Erie, Bay Village, OH.

    (a) Location. This zone will encompass all waters of Lake Erie; Bay
Village, OH within a 560-foot radius of position 41[deg]29'23.9'' N.
and 081[deg]55'44.5'' W. (NAD 83).
    (b) Enforcement period. This regulation will be enforced on July 4,
2015 from 9:45 p.m. until 10:35 p.m.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: June 15, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-16354 Filed 7-1-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41691-41693]
[FR Doc No: 2011-17800]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0372]
RIN 1625-AA00

Safety Zone; BGSU Football Gridiron Classic Golf and Dinner
Fireworks, Catawba Island Club, Port Clinton, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Captain of the Port Detroit Zone on Lake Erie, Port Clinton, Ohio. This
zone is intended to restrict vessels from portions of Lake Erie during
the BGSU Football Gridiron Classic Golf and Dinner Fireworks. This
temporary safety zone is necessary to protect spectators and vessels
from the hazards associated with a fireworks display.

DATES: This rule is effective from 9:30 p.m. on July 25, 2011 until 10
p.m. on July 25, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0372 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0372 in the
``keyword'' box, and then clicking ``search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, 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 FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail BM1 Tracy Girard, Response Department,
Marine Safety Unit Toledo, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory 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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because waiting for a comment period to run
would be impractical in that it would prevent the Captain of the Port
Detroit from performing the function of keeping the boating public safe
from the hazards associated with a maritime fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Waiting for a 30 day effective
period to run is impracticable and contrary to the public interest for
the same reasons discussed in the preceding paragraph.

Background and Purpose

    On July 25, 2011, Bowling Green State University will hold its BGSU
Football Gridiron Classic Golf and Dinner Fireworks, a fundraising golf
tournament at the Catawba Island Club on the shores of Lake Erie. The
associated fireworks will be launched from a waterborne platform
between 9:30 p.m. and 10 p.m. The Captain of the Port Detroit has
determined that waterborne fireworks displays present various public
hazards. Such hazards include obstructions to the waterway that may
cause marine casualties and the explosive danger of fireworks and
debris falling into the water that may cause death or serious bodily
harm. Establishing a safety zone to control vessel movement around the
location of the launch platform will help ensure the safety of persons
and property at these events and help minimize the associated risks.

Discussion of Rule

    Because of the aforementioned hazards, the Captain of the Port
Detroit has determined that a temporary safety zone is necessary to
ensure the safety of spectators and vessels during the setup, loading,
and launching of the BGSU Football Gridiron Classic Golf and Dinner
Fireworks Display. The safety zone will encompass all U.S. navigable
waters of Lake Erie within a 75-yard radius of the fireworks launch
site located at position 41[deg]34'18.10'' N, 082[deg]51'18.70'' W. All
geographic coordinates are North American Datum of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Detroit or the designated on
scene patrol personnel. Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port,
Sector Detroit or his designated on scene representative. The Captain
of the Port, Sector Detroit or his designated on scene representative
may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The safety zone around the
pier will be relatively small and exist for relatively short time.
Thus, restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the Lake Erie, Catawba Island, Port
Clinton, OH between 9:30

p.m. on July 25, 2011 and 10 p.m. on July 25, 2011.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be in effect for thirty minutes. In the event that this
temporary safety zone affects shipping, commercial vessels may request
permission from the Captain of the Port, Sector Detroit to transit
through the safety zone. The Coast Guard will give notice to the public
via a Broadcast Notice to Mariners that the regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

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).

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.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 023-01, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph
(34)(g) of the Instruction because it involves the establishment of a
temporary safety zone. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

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. 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, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T09-0372 to read as follows:

Sec.  165.T09-0372  Safety Zone; BGSU Football Gridiron Classic Golf
Dinner Fireworks, Catawba Island; Port Clinton, OH.

    (a) Location. The following area is a temporary safety zone: all
U.S.

navigable waters of Lake Erie, Catawba Island, Port Clinton, OH within
a 75-yard radius of the fireworks launch site located at position
41[deg]34'18.10'' N, 082[deg]51'18.70'' W. All geographic coordinates
are North American Datum of 1983 (NAD 83).
    (b) Effective and enforcement period. This regulation is effective
and will be enforced from 9:30 p.m. until 10:00 p.m. on July 25, 2011.
The Captain of the Port, Sector Detroit, or his on scene representative
may suspend enforcement of the safety zone at any time.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port, Sector
Detroit, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Detroit or his
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sector Detroit is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the Captain of the Port, Sector
Detroit to act on his behalf. The on-scene representative of the
Captain of the Port, Sector Detroit will be aboard either a Coast Guard
or Coast Guard Auxiliary vessel. The Captain of the Port, Sector
Detroit or his designated on scene representative may be contacted via
VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Detroit or his on-
scene representative to obtain permission to do so. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port, Sector
Detroit or his on-scene representative.

    Dated: June 30, 2011.
J. E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port, Sector Detroit.
[FR Doc. 2011-17800 Filed 7-14-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Notices]
[Page 79081]
[FR Doc No: 2016-27147]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting; Additional Item

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 81 FR 78678
(November 8, 2016).

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:  Thursday, November
10, 2016 at 2 p.m.

CHANGES IN THE MEETING: The following matters will also be considered
during the 2 p.m. closed meeting scheduled for Thursday, November 10,
2016: Settlement of injunctive actions.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

     Dated: November 4, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-27147 Filed 11-8-16; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63179-63183]
[FR Doc No: 2014-25082]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31290; File No. 812-14295]

Principal Real Estate Income Fund and ALPS Advisors, Inc.; Notice
of Application

October 16, 2014.
AGENCY: Securities and Exchange Commission (``Commission'').

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

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Applicants: Principal Real Estate Income Fund (``PGZ'') and Alps
Advisors, Inc. (``ALPS'').

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

Dates: Filing Dates: The application was filed on April 2, 2014, and
amended on August 14, 2014.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on November 10, 2014 and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090; Applicants: ALPS Fund Services,
Inc., 1290 Broadway, Suite 1100, Denver, CO 80203.

FOR FURTHER INFORMATION CONTACT: Courtney S. Thornton, Senior Counsel,
at<PHONE_NUMBER>, or David P. Bartels, 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 Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. PGZ is registered as a closed-end management investment company
organized as a Delaware statutory trust.\1\ The common shares of PGZ
are listed and traded on the New York Stock Exchange. The investment
objective of PGZ is high current income, with a secondary objective of
capital appreciation. Applicants represent that, under normal market
conditions, PGZ invests at least 80% of its total assets in commercial
real estate securities, primarily consisting of commercial mortgage
backed securities and other U.S. and non-U.S. real estate-related
securities (primarily real estate investment trusts (``REITs'')).
Although PGZ does not currently intend to issue preferred shares,
applicants state that the board of trustees (``Board'') of PGZ may
authorize the issuance of preferred shares in the future.
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    \1\ The only registered closed-end investment company that
currently intends to rely on the order has been named as an
applicant. Applicants request that the order also apply to each
other registered closed-end investment company advised or to be
advised in the future by ALPS or by an entity controlling,
controlled by, or under common control (within the meaning of
section 2(a)(9) of the Act) with ALPS (including any successor in
interest) (each such entity, including ALPS, the ``Adviser'') that
in the future seeks to rely on the order (such investment companies,
together with PGZ, are collectively, the ``Funds'' and individually,
a ``Fund''). Any Fund that relies on the order in the future will
comply with the terms and conditions of the application. A successor
in interest is limited to entities that result from a reorganization
into another jurisdiction or a change in the type of business
organization.
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    2. The Adviser, a corporation organized under the laws of the State
of Colorado, is registered as an investment adviser under the
Investment Advisers Act of 1940 (the ``Advisers Act'').\2\ Principal
Real Estate Investors, LLC, a limited liability company organized under
the laws of the State of Delaware, is registered as an investment
adviser under the Advisers Act and is the sub-adviser to PGZ. Any sub-
adviser to a Fund will be registered as an investment adviser under the
Advisers Act or not subject to registration.
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    \2\ Any investment adviser to a Fund will be registered under
the Advisers Act.
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    3. Applicants state that prior to the Fund's implementing a
distribution policy (``Distribution Policy'') in reliance on the order,
the Board, including a majority of the trustees who are not
``interested persons'' of the Fund, as defined in section 2(a)(19) of
the Act (the ``Independent Trustees''), will request, and the Adviser
will provide, the information as is reasonably necessary to make an
informed determination of whether the Board should adopt a proposed
Distribution Policy. In particular, the Board and the Independent
Trustees will review information regarding the purpose and terms of the
Distribution Policy; the likely effects of the policy on the Fund's
long-term total return (in relation to market price and its net asset
value per common share (``NAV'')); the expected relationship between
the Fund's distribution rate on its common shares under the policy and
the Fund's total return (in relation to NAV); whether the rate of
distribution would exceed the Fund's expected total return in relation
to its NAV; and any reasonably foreseeable material effects of the
policy on the Fund's long-term total return (in relation to market
price and NAV). The Independent Trustees also will consider what
conflicts of interest the Adviser and the affiliated persons of the
Adviser and the Fund might have with respect to the adoption or
implementation of the Distribution Policy. Applicants state that only
after considering the information will the Board, including the
Independent Trustees, approve a Distribution Policy and, in connection
with the approval, will determine that the Distribution Policy is
consistent with the Fund's investment objectives and in the best
interests of the Fund's common shareholders.
    1. Applicants state that the purpose of a Distribution Policy,
generally, would be to permit a Fund to distribute over the course of
each year, through periodic distributions in relatively equal amounts
(plus any required special distributions) that are composed of payments
received from portfolio holdings, supplemental amounts generally
representing capital gains or, possibly, returns of capital that may
represent unrealized capital gains. The Fund seeks to establish a
distribution rate that approximates the Fund's projected total return
that can reasonably be expected to be generated by the Fund over an
extended period of

time, although the distribution rate will not be solely dependent on
the amount of income earned or capital gains realized by the Fund.
Under the Distribution Policy, the Fund would distribute periodically
(as frequently as 12 times in any taxable year) to its respective
common shareholders a fixed percentage of the market price of the
Fund's common shares at a particular point in time or a fixed
percentage of NAV at a particular time or a fixed amount per share of
common shares, any of which may be adjusted from time to time. It is
anticipated that under a Distribution Policy, the minimum annual
distribution rate with respect to the Fund's common shares would be
independent of the Fund's performance during any particular period but
would be expected to correlate with the Fund's performance over time.
Except for extraordinary distributions and potential increases or
decreases in the amount of the distributions in the final dividend
period in light of a Fund's projected performance for the entire
calendar year and to enable the Fund to comply with the distribution
requirements of Subchapter M of the Internal Revenue Code (``Code'')
for the calendar year, each distribution on the Fund's common shares
would be at the stated rate then in effect.
    2. Applicants state that prior to the implementation of a
Distribution Policy for the Fund, the Board will have adopted policies
and procedures under rule 38a-1 under the Act that: (i) Are reasonably
designed to ensure that all notices required to be sent to the Fund's
shareholders pursuant to section 19(a) of the Act, rule 19a-1
thereunder and condition 4 below (each a ``19(a) Notice'') include the
disclosure required by rule 19a-1 under the Act and by condition 2(a)
below, and that all other written communications by the Fund or its
agents regarding distributions under the Distribution Policy include
the disclosure required by condition 3(a) below; and (ii) require the
Fund to keep records that demonstrate its compliance with all of the
conditions of the order and are necessary for the Fund to form the
basis for, or demonstrate the calculation of, the amounts disclosed in
its 19(a) Notices.

Applicants' Legal Analysis

    1. Section 19(b) of the Act generally makes it unlawful for any
registered investment company to make long-term capital gains
distributions more than once every twelve months. Rule 19b-1 limits the
number of capital gains dividends, as defined in section 852(b)(3)(C)
of the Code (``distributions''), that a fund may make with respect to
any one taxable year to one, plus a supplemental distribution made
pursuant to section 855 of the Code not exceeding 10% of the total
amount distributed for the year, plus one additional capital gain
dividend made in whole or in part to avoid the excise tax under section
4982 of the Code.
    2. Section 6(c) of the Act provides, in relevant part, that the
Commission may exempt any person or transaction from any provision of
the Act to the extent that the exemption is necessary or appropriate in
the public interest and consistent with the protection of investors and
the purposes fairly intended by the policy and provisions of the Act.
    3. Applicants state that one of the concerns leading to the
enactment of section 19(b) and adoption of rule 19b-1 was that
shareholders might be unable to distinguish between frequent
distributions of capital gains and dividends from investment income.
Applicants state, however, that rule 19a-1 effectively addresses this
concern by requiring that distributions (or the confirmation of the
reinvestment thereof) estimated to be sourced in part from capital
gains or capital be accompanied by a separate statement showing the
sources of the distribution (e.g., estimated net income, net short-term
capital gains, net long-term capital gains and/or return of capital).
Applicants state that similar information is included in the Fund's
annual report to shareholders and on the Internal Revenue Service Form
1099 DIV, which is sent to each common and preferred shareholder who
received distributions during a particular year.
    4. Applicants further state that the Fund will make the additional
disclosures required by the conditions set forth below and will adopt
compliance policies and procedures in accordance with rule 38a-1 under
the Act to ensure that all required 19(a) Notices and disclosures are
sent to shareholders. Applicants state that the information required by
section 19(a), rule 19a-1, the Distribution Policy, the policies and
procedures under rule 38a-1 noted above, and the conditions listed
below will help ensure that the Fund's shareholders are provided
sufficient information to understand that their periodic distributions
are not tied to a Fund's net investment income (which for this purpose
is the Fund's taxable income other than from capital gains) and
realized capital gains to date, and may not represent yield or
investment return. Accordingly, applicants assert that continuing to
subject the Fund to section 19(b) and rule 19b-1 would afford
shareholders no extra protection.
    5. Applicants note that section 19(b) and rule 19b-1 also were
intended to prevent certain improper sales practices, including, in
particular, the practice of urging an investor to purchase shares of a
fund on the basis of an upcoming capital gains dividend (``selling the
dividend''), where the dividend would result in an immediate
corresponding reduction in NAV and would be in effect a taxable return
of the investor's capital. Applicants submit that the ``selling the
dividend'' concern should not apply to closed-end investment companies,
such as the Fund. According to applicants, if the underlying concern
extends to secondary market purchases of shares of closed-end funds
that are subject to a large upcoming capital gains dividend, adoption
of a periodic distribution plan actually helps minimize the concern by
avoiding, through periodic distributions, any buildup of large end-of-
the-year distributions.
    6. Applicants also note that common shares of closed-end funds
often trade in the marketplace at a discount to their NAV. Applicants
believe that this discount may be reduced if the Funds are permitted to
pay relatively frequent dividends on their common shares at a
consistent rate, whether or not those dividends contain an element of
long-term capital gains.
    7. Applicants assert that the application of rule 19b-1 to a
Distribution Policy actually could have an inappropriate influence on
portfolio management decisions. Applicants state that, in the absence
of an exemption from rule 19b-1, the adoption of a periodic
distribution plan imposes pressure on management (i) not to realize any
net long-term capital gains until the point in the year that the fund
can pay all of its remaining distributions in accordance with rule 19b-
1, and (ii) not to realize any long-term capital gains during any
particular year in excess of the amount of the aggregate pay-out for
the year (since as a practical matter excess gains must be distributed
and accordingly would not be available to satisfy pay-out requirements
in following years), notwithstanding that purely investment
considerations might favor realization of long-term gains at different
times or in different amounts. Applicants assert that by limiting the
number of long-term capital gain dividends that the Fund may make with
respect to any one year, rule 19b-1 may prevent the normal and
efficient operation of a periodic distribution plan whenever the Fund's
realized net long-term capital gains in any year exceed

the total of the periodic distributions that may include the capital
gains under the rule.
    8. Applicants also assert that rule 19b-1 may force fixed regular
periodic distributions under a periodic distribution plan to be funded
with returns of capital \3\ (to the extent net investment income and
realized short-term capital gains are insufficient to fund the
distribution), even though realized net long-term capital gains
otherwise would be available. To distribute all of a Fund's long-term
capital gains within the limits in rule 19b-1, a Fund may be required
to make total distributions in excess of the annual amount called for
by its periodic distribution plan, or to retain and pay taxes on the
excess amount. Applicants assert that the requested order would
minimize these anomalous effects of rule 19b-1 by enabling the Fund to
realize long-term capital gains as often as investment considerations
dictate without fear of violating rule 19b-1.
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    \3\ Returns of capital as used in the application means return
of capital for financial accounting purposes and not for tax
accounting purposes.
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    9. Applicants state that Revenue Ruling 89-81 under the Code
requires that a fund that seeks to qualify as a regulated investment
company under the Code and that has both common shares and preferred
shares outstanding designate the types of income, e.g., investment
income and capital gains, in the same proportion as the total
distributions distributed to each class for the tax year. To satisfy
the proportionate designation requirements of Revenue Ruling 89-81,
whenever a fund has realized a long-term capital gain with respect to a
given tax year, the fund must designate the required proportionate
share of the capital gain to be included in common and preferred share
dividends. Applicants state that although rule 19b-1 allows a fund some
flexibility with respect to the frequency of capital gains
distributions, a fund might use all of the exceptions available under
the rule for a tax year and still need to distribute additional capital
gains allocated to the preferred shares to comply with Revenue Ruling
89-81.
    10. Applicants assert that the potential abuses addressed by
section 19(b) and rule 19b-1 do not arise with respect to preferred
shares issued by a closed-end fund. Applicants assert that the
distributions are either fixed or determined in periodic auctions by
reference to short-term interest rates rather than by reference to
performance of the issuer, and Revenue Ruling 89-81 determines the
proportion of the distributions that are comprised of long-term capital
gains.
    11. Applicants also submit that the ``selling the dividend''
concern is not applicable to preferred shares, which entitle a holder
to no more than a specified periodic dividend at a fixed rate or the
rate determined by the market, and, like a debt security, are priced
based upon their liquidation preference, dividend rate, credit quality,
and frequency of payment. Applicants state that investors buy preferred
shares for the purpose of receiving payments at the frequency bargained
for, and any application of rule 19b-1 to preferred shares would be
contrary to the expectation of investors.
    12. Applicants request an order under section 6(c) of the Act
granting an exemption from the provisions of section 19(b) of the Act
and rule 19b-1 thereunder to permit the Fund to distribute periodic
capital gain dividends (as defined in section 852(b)(3)(C) of the Code)
as frequently as twelve times in any one taxable year in respect of its
common shares and as often as specified by, or determined in accordance
with the terms of, any preferred shares issued by the Fund.

Applicants' Conditions

    Applicants agree that, with respect to each Fund seeking to rely on
the order, the order will be subject to the following conditions:

1. Compliance Review and Reporting

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

2. Disclosures to Fund Shareholders

    (a) Each 19(a) Notice disseminated to the holders of the Fund's
common shares, in addition to the information required by section 19(a)
and rule 19a-1:
    (i) Will provide, in a tabular or graphical format:
    (1) The amount of the distribution, on a per common share basis,
together with the amounts of the distribution amount, on a per common
share basis and as a percentage of the distribution amount, from
estimated: (A) Net investment income; (B) net realized short-term
capital gains; (C) net realized long-term capital gains; and (D) return
of capital or other capital source;
    (2) the fiscal year-to-date cumulative amount of distributions, on
a per common share basis, together with the amounts of the cumulative
amount, on a per common share basis and as a percentage of the
cumulative amount of distributions, from estimated: (A) Net investment
income; (B) net realized short-term capital gains; (C) net realized
long-term capital gains; and (D) return of capital or other capital
source;
    (3) the average annual total return in relation to the change in
NAV for the 5-year period (or, if the Fund's history of operations is
less than five years, the time period commencing immediately following
the Fund's first public offering) ending on the last day of the month
ended immediately prior to the most recent distribution record date
compared to the current fiscal period's annualized distribution rate
expressed as a percentage of NAV as of the last day of the month prior
to the most recent distribution record date; and
    (4) the cumulative total return in relation to the change in NAV
from the last completed fiscal year to the last day of the month prior
to the most recent distribution record date compared to the fiscal
year-to-date cumulative distribution rate expressed as a percentage of
NAV as of the last day of the month prior to the most recent
distribution record date.
    Such disclosure shall be made in a type size at least as large and
as prominent as the estimate of the sources of the current
distribution; and
    (ii) will include the following disclosure:
    (1) ``You should not draw any conclusions about the Fund's
investment performance from the amount of this distribution or from the
terms of the Applicants' Distribution Policy'';
    (2) ``The Fund estimates that it has distributed more than its
income and net realized capital gains; therefore, a portion of your
distribution may be a return of capital. A return of capital may occur,
for example, when some or all of the money that you invested in the
Fund is paid back to you. A return of capital distribution does not
necessarily reflect the Fund's investment performance and should not be
confused with `yield' or `income' \4\''; and
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    \4\ The disclosure in condition 2(a)(ii)(2) will be included
only if the current distribution or the fiscal year-to-date
cumulative distributions are estimated to include a return of
capital.
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    (3) ``The amounts and sources of distributions reported in this
19(a)

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

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

3. Disclosure to Shareholders, Prospective Shareholders and Third
Parties

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

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

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

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

If:
    (a) The Fund's common shares have traded on the stock exchange that
they primarily trade on at the time in question at an average premium
to NAV equal to or greater than 10%, as determined on the basis of the
average of the discount or premium to NAV of the Fund's common shares
as of the close of each trading day over a 12-week rolling period (each
the 12-week rolling period ending on the last trading day of each
week); and
    (b) The Fund's annualized distribution rate for the 12-week rolling
period, expressed as a percentage of NAV as of the ending date of the
12-week rolling period, is greater than the Fund's average annual total
return in relation to the change in NAV over the 2-year period ending
on the last day of the 12-week rolling period; then:
    (i) At the earlier of the next regularly scheduled meeting or
within four months of the last day of the 12-week rolling period, the
Board, including a majority of the Independent Trustees:
    (1) Will request and evaluate, and the Fund's Adviser will furnish,
the information as may be reasonably necessary to make an informed
determination of whether the Distribution Policy should be continued or
continued after amendment;
    (2) will determine whether continuation, or continuation after
amendment, of the Distribution Policy is consistent with the Fund's
investment objective(s) and policies and is in the best interests of
the Fund and its shareholders, after considering the information in
condition 5(b)(i)(1) above; including, without limitation:
    (A) Whether the Distribution Policy is accomplishing its
purpose(s);
    (B) the reasonably foreseeable material effects of the Distribution
Policy on the Fund's long-term total return in relation to the market
price and NAV of the Fund's common shares; and
    (C) the Fund's current distribution rate, as described in condition
5(b) above, compared with the Fund's average annual taxable income or
total return over the 2-year period, as described in condition 5(b), or
the longer period as the Board deems appropriate; and
    (3) based upon that determination, will approve or disapprove the
continuation, or continuation after amendment, of the Distribution
Policy; and
    (ii) The Board will record the information considered by it,
including its consideration of the factors listed in condition
5(b)(i)(2) above, and the basis for its approval or disapproval of the
continuation, or continuation after amendment, of the Distribution
Policy in its meeting minutes, which must be made and preserved for a
period of not less than six years from the date of the meeting, the
first two years in an easily accessible place.

6. Public Offerings

    The Fund will not make a public offering of the Fund's common
shares other than:
    (a) A rights offering below NAV to holders of the Fund's common
shares;
    (b) an offering in connection with a dividend reinvestment plan,
merger, consolidation, acquisition, spin-off or reorganization of the
Fund; or
    (c) an offering other than an offering described in conditions 6(a)
and 6(b) above, provided that, with respect to the other offering:

    (i) The Fund's annualized distribution rate for the six months
ending on the last day of the month ended immediately prior to the most
recent distribution record date,\5\ expressed as a percentage of NAV as
of the date, is no more than 1 percentage point greater than the Fund's
average annual total return for the 5-year period ending on the date;
\6\ and
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    \5\ If the Fund has been in operation fewer than six months, the
measured period will begin immediately following the Fund's first
public offering.
    \6\ If the Fund has been in operation fewer than five years, the
measured period will begin immediately following the Fund's first
public offering.
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    (ii) the transmittal letter accompanying any registration statement
filed with the Commission in connection with the offering discloses
that the Fund has received an order under section 19(b) to permit it to
make periodic distributions of long-term capital gains with respect to
its common shares as frequently as twelve times each year, and as
frequently as distributions are specified by or determined in
accordance with the terms of any outstanding preferred shares as the
Fund may issue.

7. Amendments to Rule 19b-1

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

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
 Deputy Secretary.
[FR Doc. 2014-25082 Filed 10-21-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Pages 61727-61728]
[FR Doc No: 2011-25698]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3341-EM; Docket ID FEMA-2011-0001]

New York; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of New York (FEMA-3341-EM), dated September 8,
2011, and related determinations.

DATES: Effective Date: September 8, 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, in a letter
dated September 8, 2011, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the State of New York resulting from the remnants of Tropical
Storm Lee beginning on September 7, 2011, and continuing, are of
sufficient severity and magnitude to warrant an emergency
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (``the Stafford
Act''). Therefore, I declare that such an emergency exists in the
State of New York.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are

authorized to provide assistance for emergency protective measures
(Category B), including direct Federal assistance, under the Public
Assistance program. This assistance excludes regular time costs for
subgrantees' regular employees.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Philip
E. Parr, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the State of New York have been designated
as adversely affected by this declared emergency:

    Albany, Broome, Chenango, Chemung, Delaware, Greene, Herkimer,
Montgomery, Oneida, Otsego, Rensselaer, Schenectady, Schoharie,
Sullivan, and Tioga Counties for emergency protective measures
(Category B), including direct Federal assistance, under the Public
Assistance program.

(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.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-25698 Filed 10-4-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Notices]
[Page 14119]
[DOCID:fr30mr09-37]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

March 24, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP09-240-001.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America, LLC submits
Sub First Revised Sheet 422, FERC Gas Tariff, Seventh Revised Volume 1,
to be effective 2/22/09.
    Filed Date: 03/23/2009.
    Accession Number: 20090324-0051.
    Comment Date: 5 p.m. Eastern Time on Monday, April 6, 2009.

    Docket Numbers: RP09-265-001.
    Applicants: Kinder Morgan Interstate Gas Transmission LLC.
    Description: Kinder Morgan Interstate Gas Transmission, LLC submits
Third Revised Sheet 48A.02 to FERC Gas Tariff, Fourth Revised Volume 1-
B, to be effective 2/26/09.
    Filed Date: 03/23/2009.
    Accession Number: 20090324-0053.
    Comment Date: 5 p.m. Eastern Time on Monday, April 6, 2009.

    Docket Numbers: RP09-266-001.
    Applicants: Rockies Express Pipeline LLC.
    Description: Rockies Express Pipeline, LLC submits First Revised
Sheet 190 to FERC Gas Tariff, Second Revised Volume 1, to be effective
2/26/09.
    Filed Date: 03/23/2009.
    Accession Number: 20090324-0052.
    Comment Date: 5 p.m. Eastern Time on Monday, April 6, 2009.

    Docket Numbers: RP09-465-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Kern River Gas Transmission Co submits Fourth Revised
Sheet 108 et al. to FERC Gas Tariff, Second Revised Volume 1, to be
effective 4/20/09.
    Filed Date: 03/20/2009.
    Accession Number: 20090324-0003.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 1, 2009.

    Docket Numbers: RP09-466-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Kern River Gas Transmission Co submits Third Revised
Sheet 12 et al. to FERC Gas Tariff, Second Revised Volume 1, to be
effective 4/20/09.
    Filed Date: 03/20/2009.
    Accession Number: 20090324-0002.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 1, 2009.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E9-6977 Filed 3-27-09; 8:45 am]

BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days. Given that The Proposed Rule raises significant issues, and that FDA has asked for guidance and suggestions on close to 100 separate questions, I feel this is not an unreasonable request. This is the only opportunity that consumers such as myself have to provide any feedback.

I strongly believe that electronic cigarettes have save my wife's life. Without this alternative to traditional cigarettes she would in fact still be smoking. The FDA has the authority under 21 CFR 10.40 to extend this time frame and has exercised this authority on numerous occasions in the past. I ask that you allow all stakeholders the opportunity to provide their comments on this proposed regulation.

I thank you for your consideration in this matter and am happy to discuss this issue with you further.

Thank you


[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36905-36907]
[FR Doc No: 2016-13512]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC16-123-000.
    Applicants: BluCo Energy LLC.
    Description: Application under FPA Section 203 of BluCo Energy LLC.
    Filed Date: 6/1/16.
    Accession Number: 20160602-5182.
    Comments Due: 5 p.m. ET 6/22/16.

    Docket Numbers: EC16-124-000.
    Applicants: Iron Energy LLC.
    Description: Application under FPA Section 203 of Iron Energy LLC.
    Filed Date: 6/1/16.
    Accession Number: 20160602-5187.
    Comments Due: 5 p.m. ET 6/22/16.

    Docket Numbers: EC16-125-000.
    Applicants: Northbrook New York, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act and Request for Waivers and Expedited Action of
Northbrook New York, LLC.
    Filed Date: 6/1/16.
    Accession Number: 20160601-5406.
    Comments Due: 5 p.m. ET 6/22/16.

    Docket Numbers: EC16-126-000.
    Applicants: Odell Wind Farm, LLC, Algonquin Power (Odell Holdings)
Inc., Odell SponsorCo, LLC, Odell Holdings, LLC.
    Description: Application of Odell Wind Farm, LLC, et al. for
Authorization Under Section 203 of the Federal Power Act for
Disposition of Jurisdictional Facilities, Request for Expedited
Consideration and Confidential Treatment.
    Filed Date: 6/1/16.
    Accession Number: 20160602-5222.
    Comments Due: 5 p.m. ET 6/22/16.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2238-008; ER10-2239-008; ER10-2237-007; ER12-
896-004.
    Applicants: Indigo Generation LLC, Larkspur Energy LLC, Wildflower
Energy LP, Mariposa Energy, LLC.
    Description: Triennial Market Power Analysis for the Southwest
Region of the DGC Southwest Sellers, et al.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5324.
    Comments Due: 5 p.m. ET 8/1/16.

    Docket Numbers: ER15-767-003
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2016-06-02_Schedule 43I White Pine
2 SSR Cost Allocation Compliance to be effective 1/1/2015.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5256.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER15-2145-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2016-06-02_Schedule 43H_White Pine
1 SSR Cost Allocation Compliance to be effective 4/16/2015.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5299.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-938-004.
    Applicants: Arizona Public Service Company.
    Description: Compliance filing: Compliance Filing--Corrected
Schedule 10 to be effective 10/1/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5329.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1083-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2016-06-02SA 2786 ITC Midwest-IPL
1st Rev. GIA (J233) Compliance to be effective 3/5/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5300.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1835-000.
    Applicants: Appalachian Power Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: AEPSC submits revisions to
RAA Sch 8.1-Appdx 2B re: depreciation rates for APCo to be effective 6/
1/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5002.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1836-000.
    Applicants: Deseret Generation & Transmission Co-operative, Inc.
    Description: Sec.  205(d) Rate Filing: 2016 RIA Annual Update to be
effective 1/1/2016.
    Filed Date: 6/1/16.
    Accession Number: 20160602-5003.
    Comments Due: 5 p.m. ET 6/22/16.

    Docket Numbers: ER16-1837-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA SA No. 4475,
Queue No. Z2-116 to be effective 5/23/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5147.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1838-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.

    Description: Sec.  205(d) Rate Filing: Joint Filing of ISO-NE and
NEPOOL to Implement Sub-Hourly Settlements to be effective 3/1/2017.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5148.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1839-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2016-06-02SA 2921 Ameren
Illinois-Prairie Power T-TIA (Ballard Substation) to be effective 5/3/
2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5150.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1840-000.
    Applicants: PPL Electric Utilities Corporation, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: PPL submits Engineering and
Construction SA No. 4476 with MetEd to be effective 8/1/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5153.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1841-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA SA No. 4472,
Queue No. Z2-114 to be effective 5/23/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5186.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1843-000.
    Applicants: Beech Ridge Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5305.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1844-000.
    Applicants: Beech Ridge Energy II LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5307.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1845-000.
    Applicants: Beech Ridge Energy Storage LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5308.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1846-000.
    Applicants: Bishop Hill Energy III LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5309.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1847-000.
    Applicants: Buckeye Wind Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5310.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1848-000.
    Applicants: Forward Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5312.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1849-000.
    Applicants: Grand Ridge Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5313.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1850-000.
    Applicants: Grand Ridge Energy III LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5314.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1851-000.
    Applicants: Grand Ridge Energy IV LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5315.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1852-000.
    Applicants: Grand Ridge Energy V LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5316.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1853-000.
    Applicants: Grand Ridge Energy Storage LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5317.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1854-000.
    Applicants: Gratiot County Wind LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5318.
    Comments Due: 5 p.m. ET 6/23/16.
    Docket Numbers: ER16-1855-000.
    Applicants: Gratiot County Wind II LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5319.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1856-000.
    Applicants: Grays Harbor Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5320.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1857-000.
    Applicants: Invenergy Cannon Falls LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5321.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1858-000.
    Applicants: Invenergy TN LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5322.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1859-000.
    Applicants: Invenergy Nelson LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5323.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1860-000.
    Applicants: Judith Gap Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5325.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1861-000.
    Applicants: Sheldon Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5326.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1862-000.

    Applicants: Spindle Hill Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5330.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1863-000.
    Applicants: Spring Canyon Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5332.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1864-000.
    Applicants: Stony Creek Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5333.
    Comments Due: 5 p.m. ET 6/23/16.
    Docket Numbers: ER16-1865-000.
    Applicants: Willow Creek Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5336.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1866-000.
    Applicants: Wolverine Creek Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5340.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1867-000.
    Applicants: Prairie Breeze Wind Energy II LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5342.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1868-000.
    Applicants: Prairie Breeze Wind Energy III LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5344.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1869-000.
    Applicants: Vantage Wind Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5348.
    Comments Due: 5 p.m. ET 6/23/16.

    Docket Numbers: ER16-1870-000.
    Applicants: Grand Ridge Energy II LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 8/2/2016.
    Filed Date: 6/2/16.
    Accession Number: 20160602-5357.
    Comments Due: 5 p.m. ET 6/23/16.

    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: June 2, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-13512 Filed 6-7-16; 8:45 am]
 BILLING CODE 6717-01-P