[Federal Register: July 9, 2008 (Volume 73, Number 132)]
[Notices]
[Page 39289-39291]
[DOCID:fr09jy08-51]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8371-2]

Notice of Filing of Pesticide Petitions for Residues of Pesticide
Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide
petitions proposing the establishment or modification of regulations
for residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before August 8, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest, by one
of the following methods:
     Federal eRulemaking Portal:  http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the assigned docket ID number
and the pesticide petition number of interest. EPA's policy is that all
comments received will be included in the docket without change and may
be made available on-line at http://www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The person listed at the end of the
pesticide petition summary of interest.

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.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed at the end of the pesticide petition
summary of interest.

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 e-mail. 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 submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Docket ID Numbers

    When submitting comments, please use the docket ID number and the
pesticide petition number of interest, as shown in the table.

------------------------------------------------------------------------
                 PP Number                        Docket ID Number
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PP 8E7353                                   EPA-HQ-OPP-2008-0478
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PP 8E7355                                   EPA-HQ-OPP-2008-0474
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PP 8E7359                                   EPA-HQ-OPP-2008-0481
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PP 8E7364                                   EPA-HQ-OPP-2008-0475
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PP 7F7295                                   EPA-HQ-OPP-2008-0490
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PP 1F6299                                   EPA-HQ-OPP-2008-00275
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III. What Action is the Agency Taking?

    EPA is printing notice of the filing of pesticide petitions
received under section 408 of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a, proposing the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. EPA has determined that the pesticide
petitions described in this notice contain data or information
regarding the elements set forth in FFDCA section 408(d)(2); however,
EPA has not fully evaluated the sufficiency of the submitted data at
this time or whether the data support granting of the pesticide
petitions. Additional data may be needed before EPA rules on these
pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
included in this notice, prepared by the petitioner, is included in a
docket EPA has created for each rulemaking. The docket for each of the
petitions is available on-line at http://www.regulations.gov.

New Tolerances

    1. PP 1F6299. (EPA-HQ-OPP-2008-0275). Bayer CropScience, 2 T.W.,
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709,
proposes to establish a tolerance for residues of the herbicide
iodosulfuron-methyl-sodium, methyl 4-iodo-2-[3-(4-methoxy-6-methyl-
1,3,5-triazin-2-yl)-ureidosulfonyl]benzoate, sodium salt, in or on food
commodities wheat, grain at 0.02 parts per million (ppm); wheat, forage
at 0.06 ppm; wheat, straw at 0.05 ppm; and wheat, hay at 0.05 ppm. An
enforcement procedure is available whereby extractable residues of
iodosulfuron-methyl-sodium and AE F075736 are removed from crops by
blending with acetonitrile. After blending, the extract is filtered,
reduced in volume and partitioned with hexane to remove oils. The
partially cleaned-up extract is evaporated to dryness under reduced
pressure; dissolved in dichloromethane and further cleaned-up on a
series of solid phase extraction columns, first, silica gel, then Bond
Elut(tm) ENV, and finally on polyamide 6S. The extract is
again concentrated to dryness and reconstituted in either 70/30
deionized water/acetonitrile for analysis by high pressure liquid
chromatography/mass spectrometry (HPLC-MS/MS), or in 50/50 deionized
water/acetonitrile for analysis by HPLC/ultraviolet (HPLC/UV). Contact:
Hope Johnson, telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    2. PP 7F7295. (EPA-HQ-OPP-2008-0490). Syngenta Crop Protection,
Inc., P.O. Box 18300, Greensboro, NC 27409, proposes to establish a
tolerance for residues of the fungicide fludioxonil, 4-(2, 2-difluoro-
1,3-benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile, in or on food
commodity raisins at 1.9 ppm. Syngenta has developed and validated
analytical methodology for enforcement purposes. This method (Syngenta
Crop Protection Method AG-597B) has passed an Agency petition method
validation for several commodities, and is currently the enforcement
method for fludioxonil. This method has also been forwarded to the Food
and Drug Administration for inclusion into PAM II. An extensive
database of method validation data using this method on various crop
commodities is available. Contact: Lisa Jones, telephone number: (703)
308-9424; e-mail address<EMAIL_ADDRESS>
Amendment to Existing Tolerance

     1. PP 8E7353. (EPA-HQ-OPP-2008-0478). Interregional Research
Project No. 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ
08540, proposes to amend the tolerances in 40 CFR 180.518 for residues
of the fungicide pyrimethanil, 4,6-dimethyl-N-phenyl-2-pyrimidinamine,
in or on food commodities revising the existing tolerance for the
fruit, stone, group 12, except cherry at 3.0 ppm to fruit, stone, group
12 at 10 ppm; and revising the tolerance designation for fruit, citrus,
group 10 (postharvest) at 10 ppm by excluding lemons to read fruit,
citrus, group 10, except lemons (postharvest) at 10 ppm. Also, adding a
separate tolerance for lemon at 11.0 ppm. The plant metabolism studies
indicated that analysis for the parent compound, pyrimethanil was
sufficient to enable the assessment of the relevant residues in crop
commodities. For the stone fruit group, peaches, plums, and sweet
cherries were analyzed as representative

crops. For peaches, plums, and sweet cherries pyrimethanil was
extracted by homogenization with acetone, the extract acidified and
washed with hexane and basified to enable solvent partition (ethyl
acetate and hexane). Final clean-up was by silica SPE, with
determination by gas chromatography with mass selective detection. The
validated sensitivity of the method is 0.05 ppm for pyrimethanil, which
allows for the detection and measurement of residues in or on stone
fruits at or above the proposed tolerance level. Contact: Susan
Stanton, telephone number:<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
New Exemption from Tolerances

    1. PP 8E7355. (EPA-HQ-OPP-2008-0474). Huntsman, 10003 Woodloch
Forest Drive, The Woodlands, TX 77380; Dow AgroSciences L.L.C., 9330
Zionsville Road, Indianapolis, Indiana 46268; Nufarm Americas Inc., 150
Harvester Drive Suite 220, Burr Ridge, Illinois, 60527; BASF, 26 Davis
Drive, Research Triangle Park, NC 27709; Stepan Company, 22 W. Frontage
Road, Northfield, IL 60093; Loveland Products Inc., PO Box 1286,
Greeley, CO 80632; and Rhodia Inc., CN 1500, Cranbury, New Jersey,
08512, proposes to amend 40 CFR part 180 by establishing an exemption
from the requirement of a tolerance under 40 CFR 180.920 for residues
of ethylene glycol (CAS 107-21-1), diethylene glycol (CAS 111-46-6),
diethylene glycol monoethyl ether (CAS 111-90-0), and diethylene glycol
monobutyl ether (CAS 112-34-5) when used as a pesticide inert
ingredient as a solvent, stabilizer and/or antifreeze within pesticide
formulations/products. Because this petition is a request for an
exemption from the requirement of a tolerance, no analytical method is
required. Contact: Karen Samek, telephone number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>    2. PP 8E7359. (EPA-HQ-OPP-2008-0481). Dow AgroSciences, LLC; 9330
Zionsville Road, Indianapolis, IN 46268, proposes to amend 40 CFR part
180 by establishing an exemption from the requirement of a tolerance
under 40 CFR 180.910 for residues of N,N'-ethylenebis[N-
(carboxymethyl)]glycine compound with 1,1'1''-nitrilotripropan-2-ol
(EDTA-TIPA)(CAS Reg. No. 67952-36-7) which is a salt comprised of
triisopropanolamine (TIPA) (CAS Reg. No. 122-20-3) and
ethylenediaminetetraacetic acid (EDTA) (CAS Reg. No. 60-00-4) when used
as, but not limited to a sequestering or chelating agent as an inert
ingredient in pesticide formulations with limits: up to 5% of pesticide
formulation. Per the EPA 2004 Memorandum on EDTA Tolerance
Reassessment, EDTA and two other EDTA salts have already been exempted
from tolerance under 40 CFR 180.910. It is also requested that the
EDTA-TIPA salt be added to the approximately 20 or more EDTA compounds
already approved for non-food pesticide applications. Because this
petition is a request for an exemption from the requirement of a
tolerance without numerical limitations, no analytical method is
required. Contact: Karen Samek, telephone number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>    3. PP 8E7364. (EPA-HQ-OPP-2008-0475). Celanese Ltd., 1601 West LBJ
Freeway, Dallas, TX 75234, proposes to amend 40 CFR part 180 by
establishing an exemption from the requirement of a tolerance under 40
CFR 180.960 for residues of acetic acid ethenyl ester, polymer with
sodium 2-methyl-2-[(1-oxo-2-propene-1-yl) amino]-1-peropanesulfonate
(1:1), hydrolyzed (CAS Reg. No. 924892-37-5) in or on food commodities
when used as a pesticide inert ingredient in pesticide formulations.
Because this petition is a request for an exemption from the
requirement of a tolerance without numerical limitations, no analytical
method is required. Contact: Karen Samek, telephone number: (703) 347-
8825; e-mail address<EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: June 27, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-15334 Filed 7-8-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Notices]
[Pages 63997-63999]
[FR Doc No: 2014-25434]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73398; File No. TP 15-02]

Order Granting Limited Exemptions From Exchange Act Rule 10b-17
and Rules 101 and 102 of Regulation M to Global X JP Morgan Efficiente
Index and Global X JP Morgan US Sector Rotator Index ETFs Pursuant to
Exchange Act Rule 10b-17(b)(2) and Rules 101(d) and 102(e) of
Regulation M

October 21, 2014.
    By letter dated October 21, 2014 (the ``Letter''), as supplemented
by conversations with the staff of the Division of Trading and Markets,
counsel for Global X Funds (the ``Trust''), on behalf of the Trust,
Global X JP Morgan Efficiente Index and Global X JP Morgan US Sector
Rotator Index ETFs (collectively the ``Funds''), any national
securities exchange on or through which shares issued by the Funds
(``Shares'') may subsequently trade, SEI Investment Distribution
Company, and persons or entities engaging in transactions in Shares
(collectively, the ``Requestors''), requested exemptions, or
interpretive or no-action relief, from Rule 10b-17 of the Securities
Exchange Act of 1934, as amended (``Exchange Act''), and Rules 101 and
102 of Regulation M, in connection with secondary market transactions
in Shares and the creation or redemption of aggregations of Shares of
at least 50,000 shares (``Creation Units'').
    The Trust is registered with the Securities and Exchange Commission
(``Commission'') under the Investment Company Act of 1940, as amended
(``1940 Act''), as an open-end management investment company. The Funds
seek to track the performance of underlying indexes, specifically the
JP Morgan ETF Efficiente 10 TR Series X Index for the Global X JP
Morgan Efficiente Index ETF and the JP Morgan US Sector Rotator TR
Series X Index for the Global X JP Morgan US Sector Rotator Index ETF
(collectively the ``Indexes''). The Funds intend to operate as ``ETF of
ETFs'' by seeking to track the performance of their underlying Indexes
through investing at least 80% of their net assets (plus the amount of
any borrowings for investment purposes) in the ETFs and ETPs which
comprise the Indexes. Except for the fact that the Funds will operate
as an ETF of ETFs, the Funds will operate in a manner identical to the
ETFs and ETPs that are included in the Indexes.
    The Requestors represent, among other things, the following:
     Shares of the Funds will be issued by the Trust, an open-
end management investment company that is registered with the
Commission;
     The Trust will continuously redeem Creation Units at net
asset value (``NAV'') and the secondary market price of the Shares
should not vary substantially from the NAV of such Shares;
     Shares of the Funds will be listed and traded on the NYSE
Arca, Inc. or another exchange in accordance with exchange listing
standards that are, or will become, effective pursuant to Section 19(b)
of the Exchange Act (the ``Exchange''); \1\
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    \1\ Further, the Letter states that should the Shares also trade
on a market pursuant to unlisted trading privileges, such trading
will be conducted pursuant to self-regulatory organization rules
that have become effective pursuant to Section 19(b) of the Exchange
Act.
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     All ETFs and ETPs in which the Funds are invested will
meet all conditions set forth in a relevant class relief letter,\2\
will have received

individual relief from the Commission, or will be able to rely upon
individual relief even though they are not named parties (for example,
a no-action letter);
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    \2\ Exchange Act Rel. No. 67215 (June 19, 2012); 77 FR 37941
(June 25, 2012); Letter from Catherine McGuire, Esq., Chief Counsel,
Division of Market Regulation, to the Securities Industry
Association Derivative Products Committee (November 21, 2005);
Letter from Racquel L. Russell, Branch Chief, Division of Market
Regulation, to George T. Simon, Esq., Foley & Lardner LLP (June 21,
2006); Letter from James A. Brigagliano, Acting Associate Director,
Division of Market Regulation, to Stuart M. Strauss, Esq., Clifford
Chance US LLP (October 24, 2006); Letter from James A. Brigagliano,
Associate Director, Division of Market Regulation, to Benjamin
Haskin, Esq., Willkie. Farr & Gallagher LLP (April 9, 2007); or
Letter from Josephine Tao, Assistant Director, Division of Trading
and Markets, to Domenick Pugliese, Esq., Paul, Hastings, Janofsky
and Walker LLP (June 27, 2007). See also Staff Legal Bulletin No. 9,
``Frequently Asked Questions About Regulation M'' (April 12, 2002)
(regarding actively-managed ETFs).
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     At least 70% of the Funds are comprised of component
securities that will meet the minimum public float and minimum average
daily trading volume thresholds under the ``actively-traded
securities'' definition found in Regulation M for excepted securities
during each of the previous two months of trading prior to formation of
the Funds; provided, however, that if the Funds have 200 or more
component securities, then 50% of the component securities will meet
the actively-traded securities thresholds;
     All the components of the Indexes will have publicly
available last sale trade information;
     The intra-day proxy value of the Funds per share and the
value of the Indexes will be publicly disseminated by a major market
data vendor throughout the trading day;
     On each business day before the opening of business on the
Exchange, the Funds' custodian, through the National Securities
Clearing Corporation, will make available the list of the names and the
numbers of securities and other assets of the Funds' portfolio that
will be applicable that day to creation and redemption requests;
     The Exchange or other market information provider will
disseminate (i) continuously every 15 seconds throughout the trading
day, through the facilities of the consolidated tape, the market value
of a Share and (ii) every 15 seconds throughout the trading day, a
calculation of the intraday indicative value of a Share;
     The arbitrage mechanism will be facilitated by the
transparency of the Funds' portfolio and the availability of the intra-
day indicative value, the liquidity of securities held by the Funds and
the ability to acquire such securities, as well as the arbitrageurs'
ability to create workable hedges;
     The Funds will invest solely in liquid securities;
     The Funds will invest in securities that will facilitate
an effective and efficient arbitrage mechanism and the ability to
create workable hedges;
     The Trust believes that arbitrageurs are expected to take
advantage of price variations between the Funds' market price and its
NAV; and
     A close alignment between the market price of Shares and
the Funds' NAV is expected.

Regulation M

    While redeemable securities issued by an open-end management
investment company are excepted from the provisions of Rule 101 and 102
of Regulation M, the Requestors may not rely upon that exception for
the Shares.\3\ However, we find that it is appropriate in the public
interest and is consistent with the protection of investors to grant a
conditional exemption from Rules 101 and 102 to persons who may be
deemed to be participating in a distribution of Shares of the Funds as
described in more detail below.
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    \3\ While ETFs operate under exemptions from the definitions of
``open-end company'' under Section 5(a)(1) of the 1940 Act and
``redeemable security'' under Section 2(a)(32) of the 1940 Act, the
Funds and their securities do not meet those definitions.
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Rule 101 of Regulation M

    Generally, Rule 101 of Regulation M is an anti-manipulation rule
that, subject to certain exceptions, prohibits any ``distribution
participant'' and its ``affiliated purchasers'' from bidding for,
purchasing, or attempting to induce any person to bid for or purchase
any security which is the subject of a distribution until after the
applicable restricted period, except as specifically permitted in the
rule. Rule 100 of Regulation M defines ``distribution'' to mean any
offering of securities that is distinguished from ordinary trading
transactions by the magnitude of the offering and the presence of
special selling efforts and selling methods. The provisions of Rule 101
of Regulation M apply to underwriters, prospective underwriters,
brokers, dealers, or other persons who have agreed to participate or
are participating in a distribution of securities. The Shares are in a
continuous distribution and, as such, the restricted period in which
distribution participants and their affiliated purchasers are
prohibited from bidding for, purchasing, or attempting to induce others
to bid for or purchase extends indefinitely.
    Based on the representations and facts presented in the Letter,
particularly that the Trust is a registered open-end management
investment company that will continuously redeem at the NAV Creation
Unit size aggregations of the Shares of the Funds and that a close
alignment between the market price of Shares and the Funds' NAV is
expected, the Commission finds that it is appropriate in the public
interest, and consistent with the protection of investors to grant the
Trust an exemption under paragraph (d) of Rule 101 of Regulation M with
respect to the Funds, thus permitting persons participating in a
distribution of Shares of the Funds to bid for or purchase such Shares
during their participation in such distribution.\4\
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    \4\ Additionally, we confirm the interpretation that a
redemption of Creation Unit size aggregations of Shares of the Funds
and the receipt of securities in exchange by a participant in a
distribution of Shares of the Funds would not constitute an
``attempt to induce any person to bid for or purchase, a covered
security during the applicable restricted period'' within the
meaning of Rule 101 of Regulation M and therefore would not violate
that rule.
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Rule 102 of Regulation M

    Rule 102 of Regulation M prohibits issuers, selling security
holders, and any affiliated purchaser of such person from bidding for,
purchasing, or attempting to induce any person to bid for or purchase a
covered security during the applicable restricted period in connection
with a distribution of securities effected by or on behalf of an issuer
or selling security holder.
    Based on the representations and facts presented in the Letter,
particularly that the Trust is a registered open-end management
investment company that will redeem at the NAV Creation Unit size
aggregations of Shares of the Funds and that a close alignment between
the market price of Shares and the Funds' NAV is expected, the
Commission finds that it is appropriate in the public interest, and
consistent with the protection of investors to grant the Trust an
exemption under paragraph (e) of Rule 102 of Regulation M with respect
to the Funds, thus permitting the Funds to redeem Shares of the Funds
during the continuous offering of such Shares.

Rule 10b-17

    Rule 10b-17, with certain exceptions, requires an issuer of a class
of publicly traded securities to give notice of certain specified
actions (for example, a dividend distribution) relating to such class
of securities in accordance with Rule 10b-17(b). Based on the
representations and facts in the Letter, and subject to the conditions
below, the Commission finds that it is appropriate in the public
interest, and consistent with the protection of investors, to grant the
Trust a conditional exemption from Rule 10b-17 because market
participants will receive timely notification of the existence and
timing of a pending distribution, and thus the concerns that the
Commission raised in

adopting Rule 10b-17 will not be implicated.\5\
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    \5\ We also note that timely compliance with Rule 10b-
17(b)(1)(v)(a) and (b) would be impractical in light of the nature
of the Funds. This is because it is not possible for the Funds to
accurately project ten days in advance what dividend, if any, would
be paid on a particular record date.
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Conclusion

    It is hereby ordered, pursuant to Rule 101(d) of Regulation M, that
the Trust, based on the representations and facts presented in the
Letter, is exempt from the requirements of Rule 101 with respect to the
Funds, thus permitting persons who may be deemed to be participating in
a distribution of Shares of the Funds to bid for or purchase such
Shares during their participation in such distribution.
    It is further ordered, pursuant to Rule 102(e) of Regulation M,
that the Trust, based on the representations and the facts presented in
the Letter, is exempt from the requirements of Rule 102 with respect to
the Funds, thus permitting the Funds to redeem Shares of the Funds
during the continuous offering of such Shares.
    It is further ordered, pursuant to Rule 10b-17(b)(2), that the
Trust, based on the representations and the facts presented in the
Letter and subject to the conditions below, is exempt from the
requirements of Rule 10b-17 with respect to transactions in the Shares
of the Funds.
    This exemptive relief is subject to the following conditions:
     The Trust will comply with Rule 10b-17 except for Rule
10b-17(b)(1)(v)(a) and (b); and
     The Trust will provide the information required by Rule
10b-17(b)(1)(v)(a) and (b) to the Exchange as soon as practicable
before trading begins on the ex-dividend date, but in no event later
than the time when the Exchange last accepts information relating to
distributions on the day before the ex-dividend date.
    This exemptive relief is subject to modification or revocation at
any time the Commission determines that such action is necessary or
appropriate in furtherance of the purposes of the Exchange Act. This
exemption is based on the facts presented and the representations made
in the Letter. Any different facts or representations may require a
different response. In the event that any material change occurs in the
facts or representations in the Letter, transactions in Shares of the
Funds must be discontinued, pending presentation of the facts for our
consideration. In addition, persons relying on this exemption are
directed to the anti-fraud and anti-manipulation provisions of the
Exchange Act, particularly Sections 9(a), 10(b), and Rule 10b-5
thereunder. Responsibility for compliance with these and any other
applicable provisions of the federal securities laws must rest with the
persons relying on this exemption. This order should not be considered
a view with respect to any other question that the proposed
transactions may raise, including, but not limited to the adequacy of
the disclosure concerning, and the applicability of other federal or
state laws to, the proposed transactions.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(6) and (9).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-25434 Filed 10-24-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78146-78149]
[FR Doc No: 2011-32341]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 111202715-1724-01]
RIN 0694-AF46

Addition of Certain Persons to the Entity List; and
Implementation of Entity List Annual Review Changes

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding two persons to the Entity List. The persons who are added to
the Entity List have been determined by the U.S. Government to be
acting contrary to the national security or foreign policy interests of
the United States. These persons will be listed on the Entity List
under the United Arab Emirates (U.A.E.).
    This rule also amends the Entity List on the basis of the annual
review of the Entity List conducted by the End-User Review Committee
(ERC). The ERC conducts the annual review to determine if any entries
on the Entity List should be removed or modified.
    This rule removes two persons located in Singapore and two persons
located in Taiwan on the basis of the annual review, and revises the
entry concerning one person located in Malaysia to add an alternate
address.
    The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to entities identified on the
Entity List require a license from the Bureau of Industry and Security
(BIS) and that availability of

license exceptions in such transactions is limited.

DATES: Effective Date: This rule is effective December 16, 2011.

FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the Assistant Secretary, Export
Administration, Bureau of Industry and Security, Department of
Commerce, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List (Supplement No. 4 to Part 744) provides notice to
the public that certain exports, reexports, and transfers (in-country)
to entities identified on the Entity List require a license from the
Bureau of Industry and Security and that the availability of license
exceptions in such transactions is limited. Entities are placed on the
Entity List on the basis of certain sections of part 744 (Control
Policy: End-User and End-Use Based) of the EAR.
    The ERC, composed of representatives of the Departments of Commerce
(Chair), State, Defense, Energy and, when appropriate, the Treasury,
makes all decisions regarding additions to, removals from, or other
modifications to the Entity List. The ERC makes all decisions to add an
entry to the Entity List by majority vote and all decisions to remove
or modify an entry by unanimous vote.

ERC Entity List decisions

Additions to the Entity List

    This rule implements the decision of the ERC to add two persons to
the Entity List on the basis of Section 744.11 (License requirements
that apply to entities acting contrary to the national security or
foreign policy interests of the United States) of the EAR. The two
entries added to the Entity List consist of two persons located in the
U.A.E.
    The ERC reviewed Section 744.11(b) (Criteria for revising the
Entity List) in making the determination to add the two persons located
in the U.A.E. to the Entity List. Under that paragraph, persons for
which there is reasonable cause to believe, based on specific and
articulable facts, that the persons have been involved, are involved,
or pose a significant risk of being or becoming involved in, activities
that are contrary to the national security or foreign policy interests
of the United States and those acting on behalf of such persons may be
added to the Entity List pursuant to Section 744.11. Paragraphs (b)(1)-
(b)(5) of Section 744.11 include an illustrative list of activities
that could be contrary to the national security or foreign policy
interests of the United States.
    The two persons in the U.A.E. being added to the Entity List under
this rule have been determined by the ERC to be involved in activities
that could be contrary to the national security or foreign policy
interests of the United States. Specifically, BIS's Office of Export
Enforcement is investigating the presence of Blue Coat internet
filtering devices in Syria and has developed evidence regarding the
parties involved in the transfer of these devices to Syria. Waseem
Jawad, using the company name Infotec, a.k.a., Info Tech, ordered
multiple Blue Coat SG9000-20 Proxy devices in December 2010 from a Blue
Coat authorized distributor in the U.A.E. That authorized distributor
in turn placed an order for the devices with Blue Coat. A December 2010
email notification identified the end-user of the Blue Coat products
for this order as the Ministry of Communication (National Telecom), Al
Fadi Street, Baghdad, Iraq. In February 2011, the devices were shipped
from the United States to the United Arab Emirates, and ownership was
transferred to Waseem Jawad, Info Tech, RAKFTZ, U.A.E. Approximately
three days later, the devices departed the U.A.E. for delivery to
Syria. Several of these devices have been identified by serial number
as the devices being used by the Syrian Telecommunications
Establishment in Damascus, Syria. The investigation is ongoing and
additional parties related to these transactions may be added to the
Entity List in the future.
    For the two persons added to the Entity List, the ERC specified a
license requirement for all items subject to the EAR and established a
license application review policy of a presumption of denial. The
license requirement applies to any transaction in which items are to be
exported, reexported, or transferred (in-country) to such persons or in
which such persons act as purchaser, intermediate consignee, ultimate
consignee, or end-user. In addition, no license exceptions are
available for exports, reexports, or transfers (in-country) to those
persons being added to the Entity List.
    This final rule adds the following two persons under two entries to
the Entity List:

United Arab Emirates

    (1) Infotec, a.k.a., Info Tech., Ras Al Khaimah Free Trade Zone
(RAKFTZ), U.A.E.; and
    (2) Waseem Jawad, Ras Al Khaimah Free Trade Zone (RAKFTZ), U.A.E.;
and P.O. Box: 25123, Dubai U.A.E.

Annual Review of the Entity List

    This rule also amends the Entity List on the basis of the annual
review of the Entity List conducted by the ERC, in accordance with the
procedures outlined in Supplement No. 5 to part 744 (Procedures for
End-User Review Committee Entity List Decisions). The changes from the
annual review of the Entity List that are approved by the ERC are
implemented in stages as the ERC completes its review of entities
listed under different destinations on the Entity List. This rule
implements the results of the annual review for entities located in
Malaysia, Singapore, and Taiwan.
A. Removals From the Entity List
    This rule removes four entities from the Entity List, which
consists of two entities from Singapore and two entities from Taiwan.
Specifically, this rule implements the decision of the ERC to remove
two entities, Strive Components and Synoptics Imaging Systems Pte Ltd.,
located in Singapore, and two entities, Christine Sun and In-Tech
Company, a.k.a., In-Tech Telecom, located in Taiwan, from the Entity
List on the basis of the annual review of the Entity List, as follows:

Singapore

    (1) Strive Components, Block 10 Toa Payoh Industrial Park Lor 8
01-1221, Singapore, 319062; and
    (2) Synoptics Imaging Systems Pte Ltd., 12 Lor Bakar Batu
06-09, Singapore, 348745.

Taiwan

    (1) Christine Sun, 7th Floor, Number 17, Zhonghua Rd., Sec 2,
Xinzhuang City, Taipei, Taiwan; and
    (2) In-Tech Company, a.k.a., In-Tech Telecom, Number 15, Lane 347,
Jhongjheng Road, Sinjihuang City, Taipei, Taiwan, and 7th Floor, Number
17, Zhonghua Rd., Sec 2, Xinzhuang City, Taipei, Taiwan.
    The removal of the above-referenced four entities from the Entity
List eliminates the existing license requirements in Supplement No. 4
to part 744 for exports, reexports and transfers (in-country) to the
four entities. However, the removal of these four entities from the
Entity List does not relieve persons of other obligations under part
744 of the EAR or under other parts of the EAR. Neither the removal of
an entity from the Entity List nor the removal of Entity List-based
license requirements relieves persons of their obligations under
General Prohibition 5 in section 736.2(b)(5) of the EAR which provides
that, ``you may not, without a license, knowingly export

or reexport any item subject to the EAR to an end-user or end-use that
is prohibited by part 744 of the EAR.'' Additionally these removals do
not relieve persons of their obligation to apply for export, reexport
or in-country transfer licenses required by other provisions of the
EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of the
EAR, ``BIS's `Know Your Customer' Guidance and Red Flags,'' when
persons are involved in transactions that are subject to the EAR.
B. Modifications to the Entity List
    On the basis of a decision made by the ERC during the annual
review, this rule amends one entry currently on the Entity List under
Malaysia by adding an alternate address, as follows:

Malaysia

    (1) VTE Industrial Automation SDN BHD, 97C, Jalan Kenari 23,
Puchong Jaya, Puchong, Selangor, Malaysia; and 45-02, Jalan Kenari 19A,
Puchong Jaya, 47100 Malaysia.

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on December 16, 2011, pursuant
to actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before January 3, 2012. Any such
items not actually exported or reexported before midnight, on January
3, 2012, require a license in accordance with the EAR.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 12,
2011, 76 FR 50661 (August 16, 2011), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 43.8 minutes for a manual or electronic submission. Total
burden hours associated with the PRA and OMB control number 0694-0088
are not expected to increase as a result of this rule. You may send
comments regarding the collection of information associated with this
rule, including suggestions for reducing the burden, to Jasmeet K.
Seehra, Office of Management and Budget (OMB), by email to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment and a delay in effective date are inapplicable because
this regulation involves a military or foreign affairs function of the
United States. (See 5 U.S.C. 553(a)(1)). BIS implements this rule to
protect U.S. national security or foreign policy interests by
preventing items from being exported, reexported, or transferred (in
country) to the persons being added to the Entity List. If this rule
were delayed to allow for notice and comment and a delay in effective
date, then entities being added to the Entity List by this action would
continue to be able to receive items without a license and to conduct
activities contrary to the national security or foreign policy
interests of the United States. In addition, because these parties may
receive notice of the U.S. Government's intention to place these
entities on the Entity List once a final rule was published it would
create an incentive for these persons to either accelerate receiving
items subject to the EAR to conduct activities that are contrary to the
national security or foreign policy interests of the United States and/
or to take steps to set up additional aliases, change addresses, and
take other steps to try to limit the impact of the listing on the
Entity List once a final rule was published. Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable.

List of Subject in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of January 13, 2011, 76 FR 3009,
January 18, 2011; Notice of August 12, 2011, 76 FR 50661 (August 16,
2011); Notice of November 9, 2011, 76 FR 70391 (November 9, 2011).

0
2. Supplement No. 4 to part 744 is amended:
0
(a) By revising under Malaysia, in alphabetical order, one Malaysian
entity;
0
(b) By removing under Singapore, the two Singaporean entities: ``Strive
Components, Block 10 Toa Payoh Industrial Park Lor 8 01-1221,
Singapore, 319062'' and ``Synoptics Imaging Systems Pte Ltd., 12 Lor
Bakar Batu 06-09, Singapore, 348745'';
0
(c) By removing under Taiwan, the two Taiwanese entities: ``Christine
Sun,

7th Floor, Number 17, Zhonghua Rd., Sec 2, Xinzhuang City, Taipei,
Taiwan'' and ``In-Tech Company, a.k.a., In-Tech Telecom, Number 15,
Lane 347, Jhongjheng Road, Sinjihuang City, Taipei, Taiwan, and 7th
Floor, Number 17, Zhonghua Rd., Sec 2, Xinzhuang City, Taipei,
Taiwan''; and
0
(d) By adding under United Arab Emirates, in alphabetical order, two
U.A.E. entities:
    The additions and revisions read as follows:

                                    Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
                                                              License         License review   Federal  Register
            Country                      Entity             requirement           policy            citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Malaysia

                                                  * * * * * * *
                                 VTE Industrial          For all items      Presumption of     73 FR 54503, 9/22/
                                  Automation SDN BHD,     subject to the     denial.            08.
                                  97C, Jalan Kenari 23,   EAR. (See Sec.                       76 FR [INSERT FR
                                  Puchong Jaya,           744.11 of the                         PAGE NUMBER] 12/
                                  Puchong, Selangor,      EAR)                                  16/11.
                                  Malaysia; and 45-02,
                                  Jalan Kenari 19A,
                                  Puchong Jaya, 47100
                                  Malaysia.

                                                  * * * * * * *
United Arab Emirates

                                                  * * * * * * *
                                 Infotec, a.k.a., Info   For all items      Presumption of     76 FR [INSERT FR
                                  Tech, Ras Al Khaimah    subject to the     denial             PAGE NUMBER] 12/
                                  Free Trade Zone         EAR. (See Sec.                        16/11.
                                  (RAKFTZ), U.A.E.        744.11 of the
                                                          EAR)

                                                  * * * * * * *
                                 Waseem Jawad, Ras Al    For all items      Presumption of     76 FR [INSERT FR
                                  Khaimah Free Trade      subject to the     denial             PAGE NUMBER] 12/
                                  Zone (RAKFTZ),          EAR. (See Sec.                        16/11.
                                  U.A.E.; and P.O. Box:   744.11 of the
                                  25123, Dubai U.A.E.     EAR)

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: December 12, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-32341 Filed 12-15-11; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Pages 86355-86358]
[FR Doc No: 2023-27348]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002]

Changes in Flood Hazard Determinations

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

ACTION: Notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C.

4001 et seq., and with 44 CFR part 65. The currently effective
community number is shown and must be used for all new policies and
renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

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

Nicholas A. Shufro,
Deputy Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

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                        Location and case       Chief executive officer of                                                                    Community
  State and county             No.                       community                   Community map repository         Date of modification       No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Colorado:
    Arapahoe (FEMA    Unincorporated areas  Carrie Warren[dash]Gully, Chair,    Arapahoe County Public Works and    Nov 3, 2023............       080011
     Docket No.: B-    of Arapahoe County    Arapahoe County Board of            Development Department, 6924
     2372).            (23-08-0051P).        Commissioners, 5334 South Prince    South Lima Street, Centennial, CO
                                             Street, Littleton, CO 80120.        80112.
    Chaffee (FEMA     City of Salida (23-   The Honorable Dan Shore, Mayor,     Community Development Department,   Nov. 13, 2023..........       080031
     Docket No.: B-    08-0089P).            City of Salida, 448 East 1st        448 East 1st Street, Suite 112,
     2368).                                  Street, Suite 112, Salida, CO       Salida, CO 81201.
                                             81201.
    Chaffee (FEMA     Unincorporated areas  Keith Baker, Chair, Chaffee County  Chaffee County Development          Nov. 13, 2023..........       080269
     Docket No.: B-    of Chaffee County     Board of Commissioners, P.O. Box    Services Department, 104 Crestone
     2368).            (23-08-0089P).        699, Salida, CO 81201.              Avenue, Salida, CO 81201.
    Douglas (FEMA     Town of Castle Rock   The Honorable Jason Gray, Mayor,    Water Department, 175 Kellogg       Nov. 13, 2023..........       080050
     Docket No.: B-    (22-08-0671P).        Town of Castle Rock, 100 North      Court, Castle Rock, CO 80194.
     2376).                                  Wilcox Street, Castle Rock, CO
                                             80104.
    Douglas (FEMA     Unincorporated areas  Abe Laydon, Chair, Douglas County   Department of Public Works/         Nov. 13, 2023..........       080049
     Docket No.: B-    of Douglas County     Board of Commissioners, 100 3rd     Engineering, 100 3rd Street,
     2376).            (22-08-0671P).        Street, Castle Rock, CO 80104.      Castle Rock, CO 80104.
    Weld (FEMA        City of Greeley (22-  The Honorable John Gates, Mayor,    City Hall, 1000 10th Street,        Nov. 2, 2023...........       080184
     Docket No.: B-    08-0472P).            City of Greeley, 1000 10th          Greeley, CO 80631.
     2368).                                  Street, Greeley, CO 80631.
    Weld (FEMA        Town of Kersey (22-   The Honorable Gary Lagrimanta,      Town Hall, 446 1st Street, Kersey,  Nov. 2, 2023...........       080185
     Docket No.: B-    08-0472P).            Mayor, Town of Kersey, P.O. Box     CO 80644.
     2368).                                  657, Kersey, CO 80644.
    Weld (FEMA        Unincorporated areas  Mike Freeman, Chair, Weld County    Weld County Administrative          Nov. 2, 2023...........       080266
     Docket No.: B-    of Weld County (22-   Board of Commissioners, P.O. Box    Building, 1150 O Street, Greeley,
     2368).            08-0472P).            758, Greeley, CO 80632.             CO 80631.
Florida:
    Broward (FEMA     City of Pompano       The Honorable Rex Hardin, Mayor at  Building Department, 100 West       Nov. 3, 2023...........       120055
     Docket No.: B-    Beach (22-04-         Large, City of Pompano Beach, 100   Atlantic Boulevard, Pompano
     2372).            5491P).               West Atlantic Boulevard, Pompano    Beach, FL 33060.
                                             Beach, FL 33060.
    Hillsborough      City of Plant City    Bill McDaniel, Manager, City of     City Hall, 302 West Reynolds        Oct. 26, 2023..........       120113
     (FEMA Docket      (23-04-2405P).        Plant City, 302 West Reynolds       Street, Plant City, FL 33563.
     No.: B-2361).                           Street, Plant City, FL 33563.
    Pasco (FEMA       Unincorporated areas  Mike Carballa, Pasco County         Pasco County Administration         Nov. 13, 2023..........       120230
     Docket No.: B-    of Pasco County       Administrator, 8731 Citizens        Building, 8731 Citizens Drive,
     2368).            (23[dash]04[dash]11   Drive, New Port Richey, FL 34654.   New Port Richey, FL 34654.
                       44P).
    Pasco (FEMA       Unincorporated areas  Mike Carballa, Pasco County         Pasco County Administration         Nov. 13, 2023..........       120230
     Docket No.: B-    of Pasco County       Administrator, 8731 Citizens        Building, 8731 Citizens Drive,
     2368).            (23[dash]04[dash]17   Drive, New Port Richey, FL 34654.   New Port Richey, FL 34654.
                       04P).
    Polk (FEMA        Unincorporated areas  Bill Beasley, Polk County Manager,  Polk County Land Development        Oct. 26, 2023..........       120261
     Docket No.: B-    of Polk County (22-   330 West Church Street, Bartow,     Division, 330 West Church Street,
     2361).            04-4292P).            FL 33831.                           Bartow, FL 33831.
    Polk (FEMA        Unincorporated areas  Bill Beasley, Polk County Manager,  Polk County Land Development        Oct. 26, 2023..........       120261
     Docket No.: B-    of Polk County (23-   330 West Church Street, Bartow,     Division, 330 West Church Street,
     2361).            04-0252P).            FL 33831.                           Bartow, FL 33831.
Georgia: Effingham    Unincorporated areas  Tim Callanan, Manager, Effingham    Effingham County Administrative     Nov. 2, 2023...........       130076
 (FEMA Docket No.: B-  of Effingham County   County, 804 South Laurel Street,    Complex, 804 South Laurel Street,
 2372).                (23-04-0200P).        Springfield, GA 31329.              Springfield, GA 31329.
Kentucky: Jefferson   Metropolitan          The Honorable Craig Greenberg,      Louisville/Jefferson County         Nov. 3, 2023...........       210120
 (FEMA Docket No.: B-  Government of         Mayor, Metropolitan Government of   Metropolitan Sewer District, 700
 2368.).               Louisville and        Louisville and Jefferson County,    West Liberty Street, Louisville,
                       Jefferson County      527 West Jefferson Street,          KY 40203.
                       (23[dash]04[dash]32   Louisville, KY 40202.
                       27P).
North Carolina:
    Buncombe (FEMA    Unincorporated areas  Brownie Newman, Chair, Buncombe     Buncombe County Planning and        Nov. 10, 2023..........       370031
     Docket No.: B-    of Buncombe County    County Board of Commissioners,      Development Department, 46 Valley
     2382).            (23-04-1182P).        200 College Street, Suite 300,      Street, Asheville, NC 28801.
                                             Asheville, NC 28801.

    Jackson and       Eastern Band of       The Honorable Richard Sneed,        Office of the Principal Chief, 88   Nov. 13, 2023..........       370401
     Swain (FEMA       Cherokee Indians      Principal Chief, Eastern Band of    Council House Loop, Cherokee, NC
     Docket No.: B-    (21-04-5780P).        Cherokee Indians, P.O. Box 455,     28719.
     2386).                                  Cherokee, NC 28719.
    Jackson (FEMA     Unincorporated areas  The Honorable Mark Letson, Chair,   Jackson County Planning             Nov. 13, 2023..........       370282
     Docket No.: B-    of Jackson County     Jackson County Board of             Department, 401 Grindstaff Cove
     2386).            (21-04-5780P).        Commissioners, P.O. Box 246,        Road, Sylva, NC 28779.
                                             Cashiers, NC 28714.
    Swain (FEMA       Unincorporated areas  The Honorable Kevin Seagle, Chair,  Swain County Administration         Nov. 13, 2023..........       370227
     Docket No.: B-    of Swain County (21-  Swain County Board of               Building, 50 Main Street, Suite
     2386).            04-5780P).            Commissioners, P.O. Box 2321,       300, Bryson City, NC 28713.
                                             Bryson City, NC 28713.
Oklahoma:
    Wagoner (FEMA     City of Broken Arrow  The Honorable Debra Wimpee, Mayor,  Operations Building, 485 North      Nov. 2, 2023...........       400236
     Docket No.: B-    (22-06-0519P).        City of Broken Arrow, 220 South     Poplar Avenue, Broken Arrow, OK
     2372).                                  1st Street, Broken Arrow, OK        74012.
                                             74012.
    Wagoner (FEMA     Unincorporated areas  Chris Edwards, Chair, Wagoner       Wagoner County Courthouse, 307      Nov. 2, 2023...........       400215
     Docket No.: B-    of Wagoner County     County Commissioners, 908           East Cherokee Street, Wagoner, OK
     2372).            (22-06-0519P).        Southwest 15th Street, Wagoner,     74467.
                                             OK 74467.
Pennsylvania: Blair   Township of           George W. Henry, Jr., Chair,        Township Hall, 2122 Frankstown      Nov. 13, 2023..........       421387
 (FEMA Docket No.: B-  Frankstown (23-03-    Township of Frankstown Board of     Road, Hollidaysburg, PA 16648.
 2376).                0118P).               Supervisors, 2122 Frankstown
                                             Road, Hollidaysburg, PA 16648.
South Carolina:       Unincorporated areas  Harold Young, Orangeburg County     Orangeburg County Floodplain        Nov. 2, 2023...........       450160
 Orangeburg (FEMA      of Orangeburg         Administrator, 1437 Amelia          Development Department, 1437
 Docket No.: B-        County                Street, Orangeburg, SC 29115.       Amelia Street, Orangeburg, SC
 2368).                (22[dash]04[dash]04                                       29115.
                       00P).
Texas:
    Bexar (FEMA       Unincorporated areas  The Honorable Peter Sakai, Bexar    Bexar County Public Works           Nov. 6, 2023...........       480035
     Docket No.: B-    of Bexar County (22-  County Judge, 101 West Nueva        Department, 1948 Probandt Street,
     2372).            06-2616P).            Street, 10th Floor, San Antonio,    San Antonio, TX 78214.
                                             TX 78205.
    Bowie (FEMA       City of Texarkana     The Honorable Bob Bruggeman,        Public Works Department, 220 Texas  Nov. 2, 2023...........       480060
     Docket No.: B-    (22[dash]06[dash]24   Mayor, City of Texarkana, 220       Boulevard, Texarkana, TX 75501.
     2368).            69P).                 Texas Boulevard, Texarkana, TX
                                             75501.
    Collin (FEMA      City of Anna (22-06-  The Honorable Nate Pike, Mayor,     Public Works, Building Department,  Nov. 3, 2023...........       480132
     Docket No.: B-    2931P).               City of Anna, P.O. Box 776, Anna,   3223 North Powell Parkway, Anna,
     2372).                                  TX 75409.                           TX 75409.
    Collin (FEMA      City of McKinney      The Honorable George Fuller,        Engineering Department, 221 North   Nov. 13, 2023..........       480135
     Docket No.: B-    (22[dash]06[dash]23   Mayor, City of McKinney, P.O. Box   Tennessee Street, McKinney, TX
     2368).            72P).                 517, McKinney, TX 75070.            75069.
    Collin (FEMA      City of Melissa       The Honorable Jay Northcut, Mayor,  City Hall, 3411 Barker Avenue,      Nov. 13, 2023..........       481626
     Docket No.: B-    (22[dash]06[dash]23   City of Melissa, 3411 Barker        Melissa, TX 75454.
     2368).            72P).                 Avenue, Melissa, TX 75454.
    Collin (FEMA      Unincorporated areas  The Honorable Chris Hill, Collin    Collin County Engineering           Nov. 13, 2023..........       480130
     Docket No.: B-    of Collin County      County Judge, 2300 Bloomdale        Department, 4690 Community
     2368).            (22[dash]06[dash]23   Road, Suite 4192, McKinney, TX      Avenue, Suite 200, McKinney, TX
                       72P).                 75071.                              75071.
    Denton (FEMA      City of Lewisville    The Honorable T.J. Gilmore, Mayor,  Engineering Department, 151 West    Oct. 30, 2023..........       480195
     Docket No.: B-    (23-06-0197P).        City of Lewisville, P.O. Box        Church Street, Lewisville, TX
     2372).                                  299002, Lewisville, TX 75057.       75057.
    Ellis (FEMA       Unincorporated areas  The Honorable Todd Little, Ellis    Ellis County Public Works           Nov. 2, 2023...........       480798
     Docket No.: B-    of Ellis County (23-  County Judge, 101 West Main         Department, 109 South Jackson
     2372).            06-1297P).            Street, Waxahachie, TX 75165.       Street, Waxahachie, TX 75165.
    Guadalupe (FEMA   City of Cibolo        The Honorable Mark Allen, Mayor,    Public Works Department, 108        Nov. 2, 2023...........       480267
     Docket No.: B-    (23[dash]06[dash]00   City of Cibolo, 200 South Main      Cibolo Drive, Cibolo, TX 78108.
     2368).            55P).                 Street, Cibolo, TX 78108.
    Guadalupe (FEMA   City of Schertz       The Honorable Ralph Gutierrez,      Engineering Department, 1400        Nov. 2, 2023...........       480269
     Docket No.: B-    (23[dash]06[dash]00   Mayor, City of Schertz, 1400        Schertz Parkway, Schertz, TX
     2368).            55P).                 Schertz Parkway, Schertz, TX        78154.
                                             78154.
    Hunt (FEMA        City of Royse City    The Honorable Clay Ellis, Mayor,    City Hall, 305 North Arch Street,   Nov. 13, 2023..........       480548
     Docket No.: B-    (22[dash]06[dash]29   City of Royse City, P.O. Box 638,   Royse City, TX 75189.
     2368).            09P).                 Royse City, TX 75189.
    Hunt (FEMA        Unincorporated areas  The Honorable Bobby W. Stovall,     Hunt County Courthouse, 2507 Lee    Nov. 13, 2023..........       480363
     Docket No.: B-    of Hunt County        Hunt County Judge, 2507 Lee         Street, 2nd Floor, Greenville, TX
     2368).            (22[dash]06[dash]29   Street, 2nd Floor, Greenville, TX   75401.
                       09P).                 75401.
    Medina (FEMA      Unincorporated areas  The Honorable Keith Lutz, Medina    Medina County Environmental Health  Nov. 3, 2023...........       480472
     Docket No.: B-    of Medina County      County Judge, 1300 Avenue M, Room   Department, 1502 Avenue K, Hondo,
     2368).            (23[dash]06[dash]02   250, Hondo, TX 78861.               TX 78861.
                       88P).
    Tarrant (FEMA     City of Fort Worth    The Honorable Mattie Parker,        Transportation and Public Works     Oct. 30, 2023..........       480596
     Docket No.: B-    (22[dash]06[dash]26   Mayor, City of Fort Worth, 200      Department, Engineering Vault,
     2368).            55P).                 Texas Street, Fort Worth, TX        200 Texas Street, Fort Worth, TX
                                             76102.                              76102.
Virginia:
    Loudoun (FEMA     Unincorporated areas  Tim Hemstreet, Loudoun County       Loudoun County Government Center,   Nov. 6, 2023...........       510090
     Docket No.: B-    of Loudoun County     Administrator, 1 Harrison Street,   1 Harrison Street, Southeast, 3rd
     2372).            (23-03-0047P).        Southeast, 5th Floor, Leesburg,     Floor, MSC #60, Leesburg, VA
                                             VA 20175.                           20175.
    Prince William    Unincorporated areas  Christopher Shorter, Prince         Prince William County Watershed     Oct. 27, 2023..........       510119
     (FEMA Docket      of Prince William     William County Executive, 1         Management Branch, 5 County
     No.: B-2372).     County (22-03-        County Complex Court, Prince        Complex Court, Suite 170, Prince
                       1081P).               William, VA 22192.                  William, VA 22192.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-27348 Filed 12-12-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: April 27, 2006 (Volume 71, Number 81)]
[Notices]
[Page 24852-24854]
[DOCID:fr27ap06-42]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2005-0026; FRL-8162-4]

Tribal 106 Grant Guidance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: This document provides notice of availability for public
comment of the draft Guidance on Awards of Grants to Indian Tribes
under Section 106 of the Clean Water Act for Fiscal Year 2007 and
Future Years. This draft Guidance provides the Environmental Protection
Agency and Tribes with a consistent framework of procedures and
guidelines for awarding and administering grants to federally
recognized Tribes under the authority of Section 106 of the Clean Water
Act. Specifically, the draft Guidance will assist Tribal water quality
program managers, staff, and other Tribal environmental decision-makers
in designing and implementing an effective and successful water quality
program utilizing Section 106 funds. The draft 106 Tribal Guidance is
for Tribal water quality programs at all levels of sophistication and
development. For new programs, it explains how to successfully initiate
and develop a water quality program. For Tribes with well-established
programs, it contains information on expanding a water quality program.
To meet the needs of Tribes at all levels of development, the draft
Guidance presents the basic steps a Tribe would take to collect the
information it will need to make effective decisions about its program,
its goals, and its future direction. The final Guidance will take
effect for grants issued by the Environmental Protection Agency's
Regional offices in fiscal year 2007. A Notice of its Availability will
be published in the Federal Register. This action affects all Tribal
environmental programs that receive Section 106 Tribal grants.

DATES: Comments must be received on or before June 26, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2005-0026, by one of the following methods:
     http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
     E-mail<EMAIL_ADDRESS>Attention Docket ID No. OW-2005-
0026
     Fax:<PHONE_NUMBER>
     Mail: Water Docket, Environmental Protection Agency,
Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA West, Room B102,
1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No.
OW-2005-0026. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2005-
0026. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional

instructions on submitting comments, go to Unit I.1 of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index,

some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the Water

Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Water Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Lena Ferris, Office of Water, Office
of Wastewater Management, 4201M, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-8831; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

    Affected Entities: Tribes that are eligible to receive grants under
Section 106 of the Clean Water Act.
    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information on 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 submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date, and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives;
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible.
     Make sure to submit your comments by the comment period
deadline identified.
    3. Specific Questions EPA is Soliciting for Tribal Comment. In
addition to overall general comments on any/all portions of the
Guidance, EPA is specifically requesting Tribal comment on the
following five questions:
    (1) Does the proposed Guidance structure, offering three paths
(non-regulatory, tribal water quality standards, regulation-based water
quality controls) and three program activity levels (fundamental,
intermediate, and mature) provide Tribes appropriate direction and
flexibility for developing and implementing surface water quality
protection programs?
    (2) Does the title of Chapter 5, Non-Regulatory Approach,
accurately portray the substantive programmatic elements found in the
chapter?
    (3) Do the basic minimum nine reporting requirements for
monitoring, listed in Chapter 8, seem reasonable/compatible with the
various maturity levels of Tribal water quality programs?
    (4) What is the estimated Tribal cost to sample for the nine basic
parameters?
    (5) What type of technical assistance, if any, would your Tribe
need to receive from EPA in order to comply with the monitoring and
reporting requirements associated with the Guidance (see Chapter 8)?

II. Background

    Over the past 10 years, funding available for Section 106 grants to
Indian Tribes has increased from $3 million to $25 million per year.
The draft Guidance provides a framework for evaluating national program
results and more clearly defines expectations and requirements for
Tribal Section 106 grant recipients. This document is an effort to
provide unified guidance that helps Tribes develop and implement water
quality programs and defines what EPA expects from Tribal programs. It
provides an overview of all programmatic and technical requirements,
discusses some common considerations across programs, and links to
technical resources available to develop Tribal programs. The draft
Guidance outlines new reporting requirements and data management
expectations for all Tribal programs receiving Section 106 funds. Data
collected as a result of the new reporting requirements will help EPA
measure environmental results of the Section 106 Tribal Program and
comply with the Government Performance and Results Act (GPRA) and other
federal mandates. The draft Guidance can be found at the Environmental
Protection Agency's Web site at http://www.epa.gov/owm/cwfinance/106tgg07.htm
, or by contacting the point of contact listed under the

section entitled FOR FURTHER INFORMATION CONTACT.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to OMB review. Because this grant action is not subject to
notice and comment requirements under the Administrative Procedures Act
or any other statute, it is not subject to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) or sections 202 and 205 of the Unfunded
Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this
action does not significantly or uniquely affect small governments.
Although this action does not generally create new binding legal
requirements, where it does, such requirements do not substantially and
directly affect Tribes under Executive Order 13175 (63 FR 67249,
November 9, 2000). Informal consultation has been ongoing with Tribes,
and a formal comment period will be initiated with the release of this
notice. This action will not have federalism implications, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action is
not subject to Executive Order 13211, ``Actions Concerning Regulations
that Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not a significant regulatory action
under Executive Order 12866. This action does not involve technical
standards; thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq.,
generally provides that before certain

actions may take effect, the agency promulgating the action must submit
a report, which includes a copy of the action, to each House of the
Congress and to the Comptroller General of the United States. Since
this grant action contains legally binding requirements, it is subject
to the Congressional Review Act, and EPA will submit its final action
in its report to Congress under the Act.

    Dated: April 20, 2006.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.
 [FR Doc. E6-6363 Filed 4-26-06; 8:45 am]

BILLING CODE 6560-50-P