[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Rules and Regulations]
[Pages 26158-26160]
[FR Doc No: 2012-10469]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1410; Directorate Identifier 2011-NM-033-AD;
Amendment 39-17038; AD 2012-09-03]
RIN 2120-AA64

Airworthiness Directives; Saab AB, Saab Aerosystems Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Saab AB, Saab Aerosystems Model SAAB 2000 airplanes. This AD was
prompted by reports of hydraulic accumulator failure. This AD requires
replacing certain hydraulic accumulators with stainless steel hydraulic
accumulators, and structural modifications in the nose landing gear
bay. We are issuing this AD to prevent failure of hydraulic
accumulators, which may result in damage to the airplane and injury to
occupants.

DATES: This AD becomes effective June 7, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 7,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West

Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on December 29, 2011
(76 FR 81889). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    Three cases of failure have been reported, affecting the same
type of hydraulic accumulator as installed on SAAB 2000 aeroplanes,
although all occurred on other aeroplane types. The reported cause
of these failures has been traced to corrosion. Any of the end parts
on the accumulator may depart from the pressure vessel if they are
affected by corrosion.
    This condition, if not detected and corrected, may lead to
fatigue failure of a hydraulic accumulator, possibly resulting in
damage to the aeroplane and injury to occupants. In addition, a
quality issue during the replacement of the base material in the end
parts of the accumulator may have affected the service life of the
accumulator.
    To address this unsafe condition, SAAB has introduced a new type
of hydraulic accumulator, which is made of stainless steel.
    For the reasons described above, this [EASA] AD requires the
replacement of all Part Number (P/N) 08 8423 030 1 hydraulic
accumulators with stainless steel P/N 40800-2050 hydraulic
accumulators and associated structural modifications in the nose
landing gear bay.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comment received.

Request To Include a Statement From the Service Information

    Saab AB (the commenter) requested that we revise the NPRM (76 FR
81889, December 29, 2011) to include a statement as follows: ``In
addition, a quality issue during the replacement of the base material
in the end parts of the accumulator may have affected the service life
of the accumulator.''
    We infer that the commenter requested that we add the statement to
the Discussion section of the NPRM (76 FR 81889, December 29, 2011). We
agree that Saab Service Bulletin 2000-29-024, Revision 01, dated
November 5, 2010, states, ``In addition, a qualification issue during
the change of the base material, for the end parts of the accumulator
back in 1993, can have affected the life limit of the accumulator.''
However, we have not included the statement in the final rule because
we do not restate the Discussion section in the final rule. We have not
changed the AD in this regard.

Explanation of Additional Change Made to This AD

    We have revised the heading and wording in paragraph (i) of this
AD; this change has not changed the intent of that paragraph.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously--except for minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 81889, December 29, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 81889, December 29, 2011).

Costs of Compliance

    We estimate that this AD will affect 8 products of U.S. registry.
We also estimate that it will take about 12 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $9,995 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $88,120, or $11,015 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (76 FR 81889, December 29,
2011), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2012-09-03 Saab AB, Saab Aerosystems: Amendment 39-17038. Docket No.
FAA-2011-1410; Directorate Identifier 2011-NM-033-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 7,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Saab AB, Saab Aerosystems Model SAAB 2000
airplanes, certificated in any category; all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 29: Hydraulic
Power.

(e) Reason

    This AD was prompted by reports of hydraulic accumulator
failure. We are issuing this AD to prevent failure of hydraulic
accumulators, which may result in damage to the airplane and injury
to occupants.

(f) Compliance

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

(g) Actions

    Within 12 months after the effective date of this AD, replace
all hydraulic accumulators having part number (P/N) 08 8423 030 1,
with stainless steel hydraulic accumulators having P/N 40800-2050,
and do the structural modifications in the nose landing gear bay, in
accordance with the Accomplishment Instructions of Saab Service
Bulletin 2000-29-024, Revision 01, dated November 5, 2010.

(h) Parts Installation

    After replacing hydraulic accumulators having P/N 08 8423 030 1
with hydraulic accumulators having P/N 40800-2050, and doing the
structural modifications in the nose landing gear bay, as required
by paragraph (g) of this AD, no person may install any hydraulic
accumulator having P/N 08 8423 030 1 on any airplane.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Saab Service Bulletin 2000-29-024,
dated November 18, 2009.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Shahram
Daneshmandi, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2011-0004, dated January 17, 2011; and Saab Service
Bulletin 2000-29-024, Revision 01, dated November 5, 2010; for
related information.

(l) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51:
    (i) Saab Service Bulletin 2000-29-024, Revision 01, dated
November 5, 2010. (2) For service information identified in this AD,
contact Saab AB, Saab Aerosystems, SE-581 88, Link[ouml]ping,
Sweden; telephone +46 13 18 5591; fax +46 13 18 4874; email
<EMAIL_ADDRESS>Internet http://www.saabgroup.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on April 23, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-10469 Filed 5-2-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Notices]
[Pages 29919-29922]
[FR Doc No: 2019-13414]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33513; File No. 812-14962]

Lord Abbett Credit Opportunities Fund, et al.

June 19, 2019.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) of the Act, under sections 6(c) and 23(c) of
the Act for an exemption from rule 23c-3 under the Act, and for an
order pursuant to section 17(d) of the Act and rule 17d-1 under the
Act.

Summary of Application:  Applicants request an order to permit certain
registered closed-end management investment companies to issue multiple
classes of shares with varying sales loads and asset-based service and/
or distribution fees and to impose early withdrawal charges.

Applicants:  Lord Abbett Credit Opportunities Fund (the ``Initial
Fund''), Lord, Abbett & Co. LLC (the ``Adviser'') and Lord Abbett
Distributor LLC (the ``Distributor'', and together with the Initial
Fund and the Adviser, the ``Applicants'').

Filing Dates:  The application was filed on October 5, 2018 and amended
on March 1, 2019.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on July 15, 2019, and should be accompanied by proof of
service on the applicants, in the form of an affidavit, or, for
lawyers, a certificate of service. Pursuant to rule 0-5 under the Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE, Washington, DC 20549-1090; Applicants: John T. Fitzgerald,
Vice President and Assistant Secretary, 90 Hudson Street, Jersey City,
NJ 07302-3973, and Bryan Chegwidden, Esq., Ropes & Gray LLP, 1211
Avenue of the Americas, New York, NY 10036-8704.

FOR FURTHER INFORMATION CONTACT: Kyle R. Ahlgren, Senior Counsel or
Aaron Gilbride, Branch Chief, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Initial Fund is a Delaware statutory trust that is
registered under the Act as a closed-end management investment company
and will operate as a non-diversified investment company under the Act.
The Initial Fund will operate as an ``interval fund'' pursuant to rule
23c-3 under the Act and intends to continuously offer its shares.
    2. The Adviser is a limited liability company organized under the
laws of the state of Delaware. The Adviser serves as investment adviser
to the Initial Fund. The Adviser is registered with the Commission as
an investment adviser under the Investment Advisers Act of 1940, as
amended (the ``Advisers Act'').
    3. The Applicants seek an order to permit the Initial Fund to issue
multiple classes of shares of beneficial interest (``Shares'') with
varying sales loads and asset-based service and/or distribution fees
and to impose early withdrawal charges (``EWCs'').
    4. The Applicants request that the order also apply to any other
registered closed-end management investment company that conducts a
continuous offering of its shares, existing now or in the future, for
which the Adviser, its successors, the Distributor, its successors,\1\
or any entity controlling, controlled by, or under common control with
the Adviser or the Distributor, or any successor in interest to such
entity, acts as investment adviser or principal underwriter, and which
provides periodic liquidity with respect to its Shares through tender
offers conducted in compliance with either rule 23c-3 under the 1940
Act or rule 13e-4 under the Securities Exchange Act of 1934, as amended
(the ``1934 Act'') (each a ``Future Fund'' and, together with the

Initial Fund, each, a ``Fund'' and collectively, the ``Funds'').
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    \1\ A successor in interest is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
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    5. The Initial Fund intends to offer its Shares on a continuous
basis at net asset value per share plus the applicable sales load, if
any. The Shares will not be offered or traded in a secondary market and
will not be listed on any securities exchange or quoted on any
quotation medium.
    6. The Initial Fund will initially issue a single class of Shares
(the ``Initial Class Shares''), but may offer investors multiple
classes of Shares in the future, with each class of Shares having its
own fee and expense structure. Under the proposal, the Initial Class
Shares would be an Institutional Share class and would be offered at
net asset value per share. A new Share class (the ``New Class'') would
be offered at net asset value and may (but would not necessarily) be
subject to a front-end sales load, an annual asset-based service and/or
distribution fee and/or an EWC. Prior to introducing a Share class that
charges distribution and/or service fees, the Initial Fund intends to
adopt a distribution and service plan in voluntary compliance with
rules 12b-1 and 17d-3 under the Act, as if those rules applied to
closed-end management investment companies (a ``Distribution and
Service Plan'').
    7. From time to time, the Board of a Fund may create and offer
additional classes of shares, or may vary the characteristics described
above of Initial Class and New Class Shares, including without
limitation: (i) The amount of fees permitted by a Distribution and
Service Plan as to such class; (ii) voting rights with respect to a
Distribution and Service Plan as to such class; (iii) different class
designations; (iv) the impact of any class expenses directly
attributable to a particular class of Shares allocated on a class basis
as described in the Application; (v) differences in any dividends and
net asset values per Share resulting from differences in fees under a
Distribution and Service Plan or in class expenses; (vi) any EWC or
other sales load structure; and (vii) any exchange or conversion
features, in each case, as permitted under the Act. Each Fund will
comply with the provisions of rule 18f-3 under the Act, as if it were
an open-end management investment company.
    8. The Initial Fund will be operated as an ``interval fund'' and
make quarterly offers to repurchase between 5% and 25% of its
outstanding Shares at net asset value per share, pursuant to rule 23c-3
under the Act, unless such offer is suspended or postponed in
accordance with regulatory requirements.
    9. Under the proposal, each class of Shares would comply with the
provisions of rule 12b-1 under the Act, or any successor thereto or
replacement rules, as if that rule applied to closed-end management
investment companies, and with the provisions of rule 2341 of the Rules
of the Financial Industry Regulatory Authority (``FINRA''), as such
rule may be amended, or any successor rule thereto (``FINRA Rule
2341'') as if it applied to the Fund issuing such Shares. Applicants
represent that each Fund will disclose in its prospectus the fees,
expenses and other characteristics of each class of Shares offered for
sale by the prospectus, as is required for open-end, multiple class
funds under Form N-1A. As if it were an open-end management investment
company, each Fund will disclose fund expenses borne by shareholders
during the reporting period in shareholder reports and describe in its
prospectus any arrangements that result in breakpoints in, or
elimination of, sales loads. Each Fund will include any such
disclosures in its shareholder reports and prospectus to the extent
required as if the Fund were an open-end fund. Each Fund will comply
with the provisions of rule 18f-3 under the Act, as if it were an open-
end management investment company.
    10. Applicants represent that each Fund and the Distributor will
also comply with any requirements that may be adopted by the Commission
or FINRA regarding disclosure at the point of sale and in transaction
confirmations about the costs and conflicts of interest arising out of
the distribution of open-end investment company shares, and regarding
prospectus disclosure of sales loads and revenue sharing arrangements
as if those requirements applied to the Fund and the Distributor.
Applicants further represent that each Fund or the Distributor will
contractually require that any other distributor of the Fund's Shares
comply with such requirements in connection with the distribution of
Shares of the Fund.
    11. If a Fund charges a repurchase fee, Shares of the Fund will be
subject to a repurchase fee at a rate of no greater than 2.00% of the
shareholder's repurchase proceeds if the interval between the date of
purchase of the Shares and the valuation date with respect to the
repurchase of those Shares is less than one year. Repurchase fees, if
charged, will equally apply to New Class Shares and to all classes of
Shares of the Fund, consistent with section 18 of the Act and rule 18f-
3 thereunder. To the extent that a Fund determines to waive, impose
scheduled variations of, or eliminate a repurchase fee, it will do so
consistently with the requirements of rule 22d-1 under the Act as if
the repurchase fee were a contingent deferred sales load (``CDSL'') and
as if the Fund were a registered open-end investment company and the
Fund's waiver of, scheduled variation in, or elimination of, the
repurchase fee will apply uniformly to all shareholders of the Fund
regardless of class.
    12. The Initial Fund does not intend to, but a Fund may, offer its
shareholders an exchange feature under which the shareholders of the
Fund may, in connection with the Fund's periodic repurchase offers,
exchange their Shares of the Fund for shares of the same class of (i)
registered open-end investment companies or (ii) other registered
closed-end investment companies that comply with rule 23c-3 under the
Act and continuously offer their shares at net asset value, that are in
the Fund's group of investment companies (collectively, the ``Other
Funds''). Shares of a Fund operating pursuant to rule 23c-3 that are
exchanged for shares of Other Funds will be included as part of the
repurchase offer amount for such Fund as specified in rule 23c-3 under
the Act. Any exchange option will comply with rule 11a-3 under the Act,
as if the Fund was an open-end investment company subject to rule 11a-
3. In complying with rule 11a-3 under the Act, each Fund will treat an
EWC as if it were a CDSL.

Applicants' Legal Analysis

Multiple Classes of Shares

    1. Section 18(a)(2) of the Act provides that a closed-end
investment company may not issue or sell a senior security that is a
stock unless certain requirements are met. Applicants state that the
creation of multiple classes of shares of a Fund may violate section
18(a)(2) because the Fund may not meet such requirements with respect
to a class of shares that may be a senior security.
    2. Section 18(c) of the Act provides, in relevant part, that a
closed-end investment company may not issue or sell any senior security
if, immediately thereafter, the company has outstanding more than one
class of senior security. Applicants state that the proposed multiple
class system may be prohibited by section 18(c), as a class may have
priority over another class as to payment of dividends because
shareholders of different classes would pay different fees and
expenses.

    3. Section 18(i) of the Act provides that each share of stock
issued by a registered management investment company will be a voting
stock and have equal voting rights with every other outstanding voting
stock. Applicants state that the proposed multiple class system may
violate section 18(i) of the Act because each class would be entitled
to exclusive voting rights with respect to matters solely related to
that class.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction or any class or classes of persons,
securities or transactions from any provision of the Act, or from any
rule or regulation under the Act, if and to the extent such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Applicants request an exemption under
section 6(c) from sections 18(a)(2), 18(c) and 18(i) to permit the
Funds to issue multiple classes of shares.
    5. Applicants submit that the proposed allocation of expenses
relating to distribution and voting rights among multiple classes is
equitable and will not discriminate against any group or class of
shareholders. Applicants submit that the proposed arrangements would
permit a Fund to facilitate the distribution of Shares and provide
investors with a broader choice of shareholder options. Applicants
assert that the proposed multiple class structure does not raise the
concerns underlying section 18 of the Act to any greater degree than
open-end investment companies' multiple class structures that are
permitted by rule 18f-3 under the Act. Applicants state that each Fund
will comply with the provisions of rule 18f-3 as if it were an open-end
investment company.

Early Withdrawal Charges

    1. Section 23(c) of the Act provides, in relevant part, that no
registered closed-end investment company shall purchase securities of
which it is the issuer, except: (a) On a securities exchange or other
open market; (b) pursuant to tenders, after reasonable opportunity to
submit tenders given to all holders of securities of the class to be
purchased; or (c) under other circumstances as the Commission may
permit by rules and regulations or orders for the protection of
investors.
    2. Rule 23c-3 under the Act permits an ``interval fund'' to make
repurchase offers of between five and twenty-five percent of its
outstanding shares at net asset value at periodic intervals pursuant to
a fundamental policy of the interval fund. Rule 23c-3(b)(1) under the
Act permits an interval fund to deduct from repurchase proceeds only a
repurchase fee, not to exceed two percent of the proceeds, that is paid
to the interval fund and is reasonably intended to compensate the fund
for expenses directly related to the repurchase.
    3. Section 23(c)(3) provides that the Commission may issue an order
that would permit a closed-end investment company to repurchase its
shares in circumstances in which the repurchase is made in a manner or
on a basis that does not unfairly discriminate against any holders of
the class or classes of securities to be purchased.
    4. Applicants request relief under section 6(c), discussed above,
and section 23(c)(3) from rule 23c-3 to the extent necessary for the
Funds to impose EWCs on shares of the Funds submitted for repurchase
that have been held for less than a specified period.
    5. Applicants state that the EWCs they intend to impose are
functionally similar to CDSLs imposed by open-end investment companies
under rule 6c-10 under the Act. Rule 6c-10 permits open-end investment
companies to impose CDSLs, subject to certain conditions. Applicants
note that rule 6c-10 is grounded in policy considerations supporting
the employment of CDSLs where there are adequate safeguards for the
investor and state that the same policy considerations support
imposition of EWCs in the interval fund context. In addition,
applicants state that EWCs may be necessary for the distributor to
recover distribution costs. Applicants represent that any EWC imposed
by the Funds will comply with rule 6c-10 under the Act as if the rule
were applicable to closed-end investment companies. The Funds will
disclose EWCs in accordance with the requirements of Form N-1A
concerning CDSLs.

Asset-Based Distribution and/or Service Fees

    1. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
an affiliated person of a registered investment company, or an
affiliated person of such person, acting as principal, from
participating in or effecting any transaction in connection with any
joint enterprise or joint arrangement in which the investment company
participates unless the Commission issues an order permitting the
transaction. In reviewing applications submitted under section 17(d)
and rule 17d-1, the Commission considers whether the participation of
the investment company in a joint enterprise or joint arrangement is
consistent with the provisions, policies and purposes of the Act, and
the extent to which the participation is on a basis different from or
less advantageous than that of other participants.
    2. Rule 17d-3 under the Act provides an exemption from section
17(d) and rule 17d-1 to permit open-end investment companies to enter
into distribution arrangements pursuant to rule 12b-1 under the Act.
Applicants request an order under section 17(d) and rule 17d-1 under
the Act to the extent necessary to permit a Fund to impose asset-based
distribution and/or service fees. Applicants have agreed to comply with
rules 12b-1 and 17d-3 as if those rules applied to closed-end
investment companies, which they believe will resolve any concerns that
might arise in connection with a Fund financing the distribution of its
shares through asset-based distribution fees.
    3. For the reasons stated above, applicants submit that the
exemptions requested under section 6(c) are necessary and appropriate
in the public interest and are consistent with the protection of
investors and the purposes fairly intended by the policy and provisions
of the Act. Applicants further submit that the relief requested
pursuant to section 23(c)(3) will be consistent with the protection of
investors and will insure that applicants do not unfairly discriminate
against any holders of the class of securities to be purchased.
Finally, applicants state that the Funds' imposition of asset-based
distribution and/or service fees is consistent with the provisions,
policies and purposes of the Act and does not involve participation on
a basis different from or less advantageous than that of other
participants.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Each Fund relying on the order will comply with the provisions of
rules 6c-10, 12b-1, 17d-3, 18f-3, 22d-1, and, where applicable, 11a-3
under the Act, as amended from time to time, as if those rules applied
to closed-end management investment companies, and will comply with the
FINRA Rule 2341, as amended from time to time, as if that rule applied
to all closed-end management investment companies.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Vanessa A. Countryman,
Acting Secretary.
[FR Doc. 2019-13414 Filed 6-24-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 72993-72994]
[FR Doc No: 2011-30427]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65796; File No. SR-OPRA-2011-05]

Options Price Reporting Authority; Notice of Filing and Immediate
Effectiveness of Proposed Amendment to the Plan To Adopt a Policy Named
``Policy With Respect to Disaster Recovery Facilities''

November 21, 2011.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that
on November 7, 2011, the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission'') an
amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and Quotation Information (``OPRA Plan'').\3\ The proposed
amendment adopts a policy named ``Policy with respect to Disaster
Recovery Facilities'' (the ``Policy''). The Commission is publishing
this notice to solicit comments from interested persons on the proposed
OPRA Plan amendment.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31,
1981). The full text of the OPRA Plan is available at http://www.opradata.com.
     The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The nine participants to the OPRA Plan
are BATS Exchange, Inc., Chicago Board Options Exchange,
Incorporated, C2 Options Exchange, Incorporated, International
Securities Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX,
Inc., NASDAQ Stock Market LLC, NYSE Amex, Inc., and NYSE Arca, Inc.
---------------------------------------------------------------------------

I. Description and Purpose of the Plan Amendment

    The purpose of OPRA's Policy with respect to Disaster Recovery
Facilities is to address the fees that are payable to OPRA for a
disaster recovery facility (a ``DR facility'') maintained by an OPRA
Vendor or Professional Subscriber.
    The Policy states that a Vendor or Professional Subscriber that
operates a DR facility at which it needs to have access to OPRA data
should be certain that its agreements with OPRA accommodate the DR
facility. The Policy states that, if a Vendor or Professional
Subscriber operates multiple sites that act as ``hot'' back-up sites
for each other, OPRA will consider the sites not to be DR facilities.
    The Policy states that, if a Vendor is operating a DR facility and
uses OPRA data at the site for purposes solely associated with
operating the DR facility in furtherance of the Vendor's activities as
a Vendor, OPRA does not charge fees specifically for the DR facility,
with one exception: If the Vendor has a live direct circuit connection
to receive OPRA data from OPRA's processor at the DR facility, OPRA's
Direct Access Fee is applicable.\4\
---------------------------------------------------------------------------

    \4\ OPRA's base Direct Access Fee is currently, and for many
years has been, $1000/month. (See the OPRA Fee Schedule, available
on OPRA's Web site, http://www.opradata.com.) The base Direct Access
Fee includes one backup circuit connection. OPRA's Direct Access Fee
is payable by Vendors and Professional Subscribers that have direct
circuit connections to OPRA's processor.
---------------------------------------------------------------------------

    With respect to a Professional Subscriber, the Policy states that
OPRA's standard Device-Based Fees will be applicable if a Professional
Subscriber is operating a DR facility and has devices that are enabled
to receive current OPRA data at the facility even when the site is not
in actual use, but that these fees will not be applicable if devices at
the site are not enabled to receive current OPRA data when the site is
inactive. The Policy states that OPRA would not consider a device to be
subject to fees if the device is temporarily enabled for current OPRA
data solely for testing purposes. The Policy states that, as is the
case for a Vendor that has a live direct circuit connection at its DR
facility, if a Professional Subscriber has a live direct circuit
connection at its DR facility, OPRA's Direct Access Fee will be
applicable. Finally, the Policy states that, if devices at a DR
facility are enabled to receive current OPRA data during an emergency,
those devices will become fee-liable, but that OPRA will provide
offsetting credits for devices that are unable to receive current OPRA
data at the affected primary site as reasonably demonstrated by the
Professional Subscriber to be appropriate in the circumstances.\5\
---------------------------------------------------------------------------

    \5\ Footnote 3 of the Policy notes that many OPRA Professional
Subscribers count ``User IDs'' that are enabled to receive OPRA
information as a surrogate for counting ``devices,'' and pay Device-
based Fees on the basis of their ``User IDs'' rather than their
``devices.'' (See OPRA's ``Policies with respect to Device-based
Fees'' for more information about counting User IDs instead of
devices; these Policies are also available on OPRA's Web site.)
Footnote 3 of the Policy notes that a disaster would probably not
affect a Professional Subscriber's User ID count, and therefore
would not affect the Device-based Fees payable by a Professional
Subscriber that counts User IDs.
---------------------------------------------------------------------------

    The text of the proposed amendment to the OPRA Plan is available at
OPRA, the Commission's Public Reference Room, on OPRA's Web site at
http://opradata.com, and on the Commission's Web site at http://www.sec.gov.

II. Implementation of the OPRA Plan Amendment

    OPRA designated this amendment as qualified to be put into effect
upon filing with the Commission in accordance with clause (i) of
paragraph (b)(3) of Rule 608 under the Act.\6\ The Policies describe
and refine longstanding OPRA technical policies with respect to
obligations of Vendors and Professional Subscribers to pay the fees
described in OPRA's Fee Schedule with respect to their disaster
recovery sites. Accordingly, OPRA will implement the Policies upon
filing with the Commission.
---------------------------------------------------------------------------

    \6\ 17 CFR 242.608(b)(3)(i).
---------------------------------------------------------------------------

    The Commission may summarily abrogate the amendment within sixty
days of its filing and require refiling and approval of the amendment
by Commission order pursuant to Rule 608(b)(2) under the Act \7\ if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or the
maintenance of fair and orderly markets, to remove impediments to, and
perfect the mechanisms of, a national market system, or otherwise in
furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 17 CFR 242.608(b)(2).
---------------------------------------------------------------------------

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-OPRA-2011-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OPRA-2011-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's

Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the
submission, all subsequent amendments, all written statements with
respect to the proposed plan amendment that are filed with the
Commission, and all written communications relating to the proposed
plan amendment between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of OPRA. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-OPRA-2011-05 and should be submitted on
or before December 19, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(29).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30427 Filed 11-25-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 14, 2006 (Volume 71, Number 135)]
[Notices]
[Page 40087]
[DOCID:fr14jy06-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EG06-40-000, EG06-42-000, EG06-43-000, EG06-44-000, EG06-
45-000, EG06-47-000, EG06-48-000, EG06-49-000, FC06-3-000]

Indeck Energy Services of Silver Springs, Inc.; FPL Energy
Burleigh County Wind, LLC; Wind Capital Holdings, LLC; Cow Branch Wind
Energy, LLC; Spindle Hill Energy LLC; MMC Chula Vista LLC; MMC
Escondido LLC; Astoria Generating Company, L.P.; Invenergy Wind Europe
LLC EEZ Sp. z o.o.; Notice of Effectiveness of Exempt Wholesale
Generator or Foreign Utility Company Status

July 6, 2006.
    Take notice that during the month of June 2006, the status of the
above-captioned entities as Exempt Wholesale Generators or Foreign
Utility Companies became effective by operation of the Commission's
regulations. 18 CFR 366.7(a).

Magalie R. Salas,
Secretary.
[FR Doc. E6-11166 Filed 7-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37710-37712]
[FR Doc No: 2015-16246]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2015-1497; Airspace Docket No. 15-AWA-4]
RIN 2120-AA66

Designation of Oceanic Airspace

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of provision of air traffic services in oceanic
airspace.

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SUMMARY: By this action the FAA informs airspace users of the type of
air traffic control (ATC) service provided in the oceanic airspace
controlled by the United States of America (U.S.). This notice is
consistent with U.S. obligations under the Convention on International
Civil Aviation (Chicago Convention), including, that all Contracting
States disseminate information regarding the types of ATC services
provided in oceanic airspace under their control.

FOR FURTHER INFORMATION CONTACT: Jason Stahl, Airspace Policy and
Regulations Group, Office of Airspace

Services, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

International Civil Aviation Organization (ICAO)

    The Chicago Convention was adopted to promote the safe and orderly
development of international civil aviation. The Chicago Convention
also created the International Civil Aviation Organization (ICAO),
which promulgates uniform international Standards and Recommended
Practices (SARPs) aimed at standardizing international civil aviation
operational practices and services. Currently, these SARPs are detailed
in 18 annexes to the Chicago Convention. Annex 11, Air Traffic
Services, and Annex 15, Aeronautical Information Services, are of
particular relevance to this notice as they address civil aircraft
operations, the establishment of airspace, ATC services in
international airspace, and the dissemination of aeronautical
information.
    Most recently ICAO recommended, and the FAA concurred, that all
Contracting States take action to define their oceanic airspace, and
inform those interested as to the type of ATC services that would be
provided.
    By this action the FAA gives notice to those interested parties
operating in the oceanic airspace controlled by the U.S. of the type of
ATC services provided within the airspace.

ATC Services/Procedures Provided

    Pursuant to the Chicago Convention, the U.S. accepted
responsibility for providing ATC services over the domestic U.S. and
within certain areas of the western half of the North Atlantic, the
Gulf of Mexico, the Caribbean, and the North Pacific. In the airspace
over the contiguous U.S. and out to 12 nautical miles (NM) from the
U.S. shores, domestic ATC separation is applied (with certain
limitations) along with additional services (e.g., traffic advisories,
bird activity information, weather and chaff information, etc.).
    The U.S. also manages airspace areas outside of the domestic U.S.
These areas are called Control Areas (CTA) and Flight Information
Regions (FIR). Within these CTA/FIR the U.S. applies oceanic separation
procedures consistent with ICAO regional procedures.
    The FAA may also apply, per Annex 11, domestic ATC procedures
within designated Offshore/Control airspace areas provided certain
conditions are met. Specifically, these airspace areas must be within
signal coverage of domestic radio navigational aid or ATC radar
coverage from the 12-NM limit outward to the inner oceanic CTA/FIR
boundaries. The Chicago Convention permits the application of domestic
ATC procedures even though this is international airspace. However,
within the oceanic CTA/FIR area itself, ICAO oceanic ATC procedures are
used instead of domestic procedures.

Article of Exemption

    Article 3 of the Chicago Convention provides that the Chicago
Convention, and its annexes, are not applicable to state-aircraft
(which includes military aircraft). However, article 3 requires states,
when issuing regulations for their state aircraft, to have due regard
for the safety of navigation of civil aircraft. The U.S., as a
Contracting State, complies with this provision.
    Further, article 12 obligates each Contracting State to adopt
measures to ensure that persons operating an aircraft within its
territory will comply with that state's air traffic rules, and with
Annex 2, Rules of the Air, when operating over the high seas. The U.S.
has satisfied this responsibility through Title 14, Code of Federal
Regulations (14 CFR) part 91, General Operating and Flight Rules, which
requires that operators of aircraft comply with U.S. operating rules
when in the U.S. and that U.S.-registered aircraft comply with Annex 2
when over the high seas (see 14 CFR 91.703).
    Section 91.703 applies only to civil aircraft. State aircraft
operating outside the U.S. are only subject to the ``due regard''
provisions of article 3 of the Chicago Convention. The SARPs in Annex
11, apply to airspace under the jurisdiction of a Contracting State
that has accepted the responsibility of providing air traffic services
over the high seas (oceanic airspace), or in airspace of undetermined
sovereignty.

U.S. Controlled Oceanic Airspace

    The ICAO classes of airspace and associated services provided, as
described in Annex 11, to be used by the U.S. within their delegated
Oceanic/Arctic CTA/FIR areas are: (1) Class A airspace area (instrument
flight rules (IFR) flights only are permitted, all flights are provided
with ATC service and are separated from each other); (2) Class E
airspace area (IFR and visual flight rules (VFR) flights are permitted,
IFR flights are provided with ATC service and are separated from other
IFR flights); and (3) Class G airspace area (IFR and VFR flights are
permitted and receive flight information service if requested). All
flights in these airspace areas would receive traffic information as
far as is practical.

Anchorage Oceanic CTA/FIR

    Aircraft operating in the Anchorage Oceanic CTA/FIR can expect to
receive ATC services associated with the following types of airspace
areas and associated altitudes:

Class G--below FL 55;
Class A--FL 55 to FL 600, inclusive except less than 100 NM seaward is
Class E below FL 180;
Class E--above FL 600.

Anchorage Arctic CTA/FIR

    Aircraft operating in the Anchorage Arctic CTA/FIR can expect to
receive ATC services associated with the following types of airspace
areas and associated altitudes:

Class G--below FL12;
Class E--FL12 to but not including FL180;
Class A--FL180 to FL600 inclusive;
Class E--above FL 600.

Houston Oceanic CTA/FIR

    Aircraft operating in the Houston Oceanic CTA/FIR can expect to
receive ATC services associated with the following types of airspace
areas and associated altitudes:

Class G--below FL 15;
Class E--FL 15 to, but not including FL 180;
Class A--FL 180 to FL 600, inclusive;
Class E--above FL 600.

Miami Oceanic CTA/FIR

    Aircraft operating in the Miami Oceanic CTA/FIR can expect to
receive ATC services associated with the following types of airspace
areas and associated altitudes:

Class G--below FL 25;
Class E--FL 25 to, but not including FL 180;
Class A--FL 180 to FL 600, inclusive;
Class E--above FL 600.

New York Oceanic CTA/FIR, excluding that portion of the airspace
delegated to NAVCANADA

    Aircraft operating in the New York Oceanic CTA/FIR, excluding that
portion of the airspace delegated to NAVCANADA can expect to receive
ATC services associated with the following types of airspace areas and
associated altitudes:

Class G--below FL 55;
Class A--FL 55 to FL 600, inclusive;
Class E--above FL 600.

Oakland Oceanic OCA/FIR

    Aircraft operating in the Oakland Oceanic OCA/FIR can expect to
receive

ATC services associated with the following types of airspace areas and
associated altitudes:

Class G--below FL 55;
Class A--FL 55 to FL 600, inclusive except less than 100 NM seaward
from the shoreline within controlled airspace, sunrise to sunset, is
Class E below FL 200;
Class E--above FL 600.

Oakland CTA airspace area delegated to Oakland Center by Fukuoka ATMC
at and above FL 55

    Aircraft operating in the Oakland CTA delegated airspace to Oakland
Center at and above FL 55 can expect to receive ATC services associated
with the following types of airspace and associated altitudes:

Class A--FL 55 to FL 600, inclusive except less than 100 NM seaward
from the shoreline within controlled airspace, sunrise to sunset, is
Class E below FL 200;
Class E--above FL 600.

San Juan Oceanic CTA/FIR

    Aircraft operating-in the San Juan CTA/FIR can expect to receive
ATC services associated with the following types of airspace and
associated altitudes:

Class G--below FL 25;
Class E--FL 25 to, but not including FL 180;
Class A--FL 180 to FL 600, inclusive;
Class E--above FL 600.

    Accordingly, the U.S. designation of ICAO classes of Oceanic
Airspace and associated altitudes, as described in this notice will be
reflected on the appropriate aeronautical charts.

    Issued in Washington, DC, on June 23, 2015.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-16246 Filed 6-30-15; 8:45 a.m.]
BILLING CODE 4910-13-P


[Federal Register: August 16, 2006 (Volume 71, Number 158)]
[Notices]
[Page 47209-47210]
[DOCID:fr16au06-77]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0493; FRL-8086-3]

Streptomycin; Tolerance Reassessment Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's Tolerance
Reassessment Decision (TRED) for the pesticide streptomycin. The
Agency's risk assessments and other related documents also are
available in the streptomycin docket. Through the tolerance
reassessment program, EPA is ensuring that all pesticides meet current
health and food safety standards.

FOR FURTHER INFORMATION CONTACT: Lance Wormell, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies Of This Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2005-0493. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive 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>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Background

A. What Action is the Agency Taking?

    EPA has reassessed risks associated with use of the pesticide
streptomycin, reassessed five existing tolerances or legal residue
limits, and on June 30, 2006, reached a tolerance reassessment and risk
management decision. Streptomycin is an antibiotic pesticide used to
control bacterial diseases in certain fruits, vegetables, seeds, and
ornamental crops. The majority of streptomycin used in agriculture is
on apples and pears. Other crops treated include celery, philodendron,
tomato, peppers, dieffenbachia cuttings, chrysanthemums, roses,
pyracantha, potatoes, and tobacco. Streptomycin is also registered with
FDA to treat infectious diseases in animals and humans. Streptomycin is
typically applied by ground or aerial spray and is also used as a
liquid soak, dust treatment, and seed treatment. Spray applications are
generally made in the spring according to weather and crop development.
Streptomycin is one of few tools available to combat fire blight, a
potentially devastating disease in fruit trees. The Agency is now
issuing a Report on Food Quality Protection Act (FQPA) Tolerance
Reassessment Progress and Risk Management Decision for streptomycin,
known as a TRED, as well as related technical support documents.
    EPA must review tolerances and tolerance exemptions that were in
effect when FQPA was enacted in August 1996, to ensure that these
existing pesticide residue limits for food and feed commodities meet
the safety standard established by the new law. Tolerances are
considered reassessed once the safety finding has been made or a
revocation occurs. EPA has reviewed and made the requisite safety
finding for the streptomycin tolerances included in this notice.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, streptomycin was reviewed
through the modified 4-Phase public participation process. Through this
process, EPA worked extensively with stakeholders and the public to
reach the regulatory decisions for streptomycin.

B. What is the Agency's Authority for Taking this Action?

    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 9, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-13346 Filed 8-15-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: November 17, 2008 (Volume 73, Number 222)]
[Proposed Rules]
[Page 67823-67824]
[DOCID:fr17no08-32]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1046; Airspace Docket No. 08-ASW-21]

Proposed Amendment of Class E Airspace; Houston, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to amend Class E airspace at Houston, TX.
Additional controlled airspace is necessary to accommodate Area
Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at
Lone Star Executive Airport, Conroe, TX. The FAA is taking this action
to enhance the safety and management of Instrument Flight Rules (IFR)
aircraft operations at Lone Star Executive Airport. This action also
updates the coordinates of Chambers County Airport, and reflects a name
change for Scholes Field.

DATES: 0901 UTC. Comments must be received on or before January 2,
2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2008-1046/Airspace Docket No. 08-
ASW-21, at the beginning of your comments. You may also submit comments
on the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527) is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Area,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone: (817)
222-5582.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2008-1046/
Airspace Docket No. 08-ASW-21.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRMs
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by amending the Class E airspace area for IFR
operations at Houston, TX. The RNAV SIAPs at Lone Star Executive
Airport, Conroe, TX, have made this action necessary. The area would be
depicted on appropriate aeronautical charts. Additionally, this action
reflects the name change for Scholes Field, and the coordinates for
Chambers County Airport would be updated.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9S, dated October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it amends
controlled airspace in the Houston, TX, area.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for Part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, dated October 3, 2008, and effective October 31,
2008, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASW TX E5 Houston, TX [Amended]

Point of Origin
    (Lat. 30[deg]35'01'' N., long. 95[deg]28'01'' W.)
Anahuac, Chambers County Airport, TX
    (Lat. 29[deg]46'11'' N., long. 94[deg]39'49'' W.)
Galveston, Scholes International at Galveston, TX
    (Lat. 29[deg]15'55'' N., long. 94[deg]51'38'' W.)
Brookshire, Woods No. 2 Airport, TX
    (Lat. 29[deg]47'37'' N., long. 95[deg]55'31'' W.)
Fulshear, Covey Trails Airport, TX
    (Lat. 29[deg]41'24'' N., long. 95[deg]50'23'' W.)
Conroe, Lone Star Executive Airport, TX
    (Lat. 30[deg]21'09'' N., long. 95[deg]24'52'' W.)

    That airspace extending upward from 700 feet above the surface
within an area bounded by a line beginning at the Point of Origin to
lat. 29[deg]45'00'' N., long. 94[deg]44'01'' W.; thence from lat.
29[deg]45'00'' N., long. 94[deg]44'01'' W. to a point of tangency
with the east arc of a 7.6-mile radius of Scholes International at
Galveston, and within a 7.6-mile radius of Scholes International at
Galveston; thence from lat. 29[deg]17'04'' N., long. 95[deg]00'13''
W.; to lat. 29[deg]30'01'' N., long. 95[deg]54'01'' W.; to lat.
30[deg]26'01'' N., long. 95[deg]42'01'' W.; to the point of origin,
and within a 6.6-mile radius of Lone Star Executive Airport, and
within a 6.5-mile radius of Woods No. 2 Airport, and within a 6.4-
mile radius of Covey Trails Airport excluding that airspace within
the Anahuac, TX, Class E airspace area.
* * * * *

    Issued in Fort Worth, TX, on November 6, 2008.
Robert Beeman,
Acting Manager, Operations Support Group, ATO Central Service Area.
[FR Doc. E8-27150 Filed 11-14-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73700-73701]
[FR Doc No: 2020-25557]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP14-1275-002.
    Applicants: Mojave Pipeline Company, L.L.C.
    Description: Compliance filing Cost and Revenue Study.
    Filed Date: 10/30/20.
    Accession Number: 20201030-5055.
    Comments Due: 5 p.m. ET 11/20/20.

    Docket Numbers: RP21-190-001.
    Applicants: Rockies Express Pipeline LLC.
    Description: Tariff Amendment: REX 2020-11-12 GT&C Section 13
Revisions Amendment to be effective 12/3/2020.
    Filed Date: 11/12/20.
    Accession Number: 20201112-5289.
    Comments Due: 5 p.m. ET 11/19/20.

    Docket Numbers: RP21-207-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: Amendment to a Negotiated Rate
Agreement Filing-Spire Marketing Inc to be effective 11/12/2020.
    Filed Date: 11/12/20.
    Accession Number: 20201112-5114.
    Comments Due: 5 p.m. ET 11/24/20.

    Docket Numbers: RP21-208-000.
    Applicants: Southern Natural Gas Company, L.L.C.
    Description: Compliance filing Annual Report on Operational
Transactions 2020.
    Filed Date: 11/12/20.
    Accession Number: 20201112-5120.
    Comments Due: 5 p.m. ET 11/24/20.

    Docket Numbers: RP21-209-000.
    Applicants: Discovery Gas Transmission LLC.
    Description: Sec.  4(d) Rate Filing: 2021 HMRE Surcharge Filing to
be effective 1/1/2021.
    Filed Date: 11/12/20.
    Accession Number: 20201112-5160.
    Comments Due: 5 p.m. ET 11/24/20.

    Docket Numbers: RP21-210-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Adding
K1012327 to be effective 12/1/2020.
    Filed Date: 11/12/20.

    Accession Number: 20201112-5253.
    Comments Due: 5 p.m. ET 11/24/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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 date(s). 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: November 13, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-25557 Filed 11-18-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Notices]
[Pages 41015-41016]
[FR Doc No: 2017-18285]

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

[EPA-HQ-RCRA-2015-0147; FRL-9966-76-OLEM]

AES Filing Compliance Date for Hazardous Waste Exports

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of announcement of compliance date.

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

SUMMARY: This action announces that the Automated Export System (AES)
filing compliance date for export shipments of hazardous waste and
certain other materials is December 31, 2017. Under the ``Hazardous
Waste Export-Import Revisions'' final rule published on November 28,
2016, that became effective on December 31, 2016, Environmental
Protection Agency (EPA) provided flexibility to the regulated community
by establishing a transition period prior to the required filing of EPA
information into the AES for these export shipments. EPA had stated in
the final rule that during the transition period, either paper
processes or electronic processes at the port could be used until a
future AES filing compliance date, which would be announced in a
separate Federal Register action. EPA is making this announcement of
the AES filing compliance date of December 31, 2017 in this action. On
or after this AES filing compliance date, all exporters of manifested
hazardous waste, universal waste, and spent lead-acid batteries for
recycling or disposal, and all exporters of cathode ray tubes for
recycling will be required to file EPA information in the AES or
AESDirect for each export shipment. Paper processes will no longer be
allowed on or after the compliance date.

DATES: The AES filing compliance date is December 31, 2017.

ADDRESSES: The EPA established a docket for the ``Hazardous Waste
Export-Import Revisions'' under Docket ID No. EPA-HQ-RCRA-2015-0147,
which includes this announcement. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Laura Coughlan, Materials Recovery and
Waste Management Division, Office of Resource Conservation and Recovery
(5304P), Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
703-308-0514; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On November 28, 2016, EPA finalized revisions to the Resource
Conservation and Recovery Act (RCRA) regulations governing imports and
exports of hazardous waste and certain other materials in 40 CFR part
262 (81 FR 85696). These revisions included a stepwise conversion from
a paper process for export shipments at the port to an electronic
process to fulfill the direction set forth in Executive Order 13659
concerning the electronic management of international trade data by the
U.S. Government as part of the International Trade Data System (ITDS).
    Under Executive Order 13659, agencies were required to have
capabilities, agreements, and other requirements in place by December
31, 2016, to utilize the ITDS and supporting systems, such as the
Automated Export System (AES) or its successor system, as the primary
means of receiving from users the standard set of data and other
relevant documentation (exclusive of applications for permits,
licenses, or certifications) required for the release of imported cargo
and clearance of cargo for export. The AES resides in the U.S. Customs
and Border Protection's (CBP's) Automated Commercial Environment (ACE).
With respect to RCRA waste exports subject to consent requirements,
EPA's regulatory revisions and CBP's changes to AES were established to
utilize electronic processes in AES, or its successor system, in place
of existing paper processes at the port or border crossing required to
clear export shipments for departure. Currently, exports of hazardous
waste, including those eligible for the alternate management standards
of 40 CFR part 273 (i.e., universal waste) or 40 CFR part 266 (e.g.,
spent lead acid batteries being shipped for recycling), and exports of
cathode ray tubes for recycling are subject to RCRA consent
requirements. EPA's final rule had allowed exporters to choose whether
to follow the existing paper process or the new electronic procedure at
the border during an initial transition period until the ``AES filing
compliance date'' defined in 40 CFR 260.10, and to be announced in a
future Federal Register action.
    With this announcement, starting on the AES filing compliance date
of December 31, 2017, exporters or their authorized agents will no
longer be able to use a paper process, and will have to file certain
EPA data in the AES, or its successor system. The data they must file
is set forth in 40 CFR 261.39(a)(5)(v)(B) for cathode ray tube exports
and in 40 CFR 262.83(a)(6)(ii) for hazardous waste exports. A detailed
description of the electronic process is available in Section III.B of
the ``Hazardous Waste Export-Import Revisions'' (81 FR 85696, November
28, 2016) final rule.

II. EPA Outreach

    EPA has held three webinars for exporters on how to file the EPA

information in AES on January 18, 2017, May 8, 2017, and June 5, 2017.
In the May and June webinars, EPA stated that the transition period
would end no later than December 31, 2017. Materials and recordings of
the May and June webinars are available at https://clu-in.org/conf/tio/AESExporters_050817/ and https://clu-in.org/conf/tio/AESExporters_060517/, respectively. EPA is also reaching out to
individual exporters to ensure that all exporters with consent can
successfully file the EPA information in AES for their export
shipments.

    Dated: August 15, 2017.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency
Management.
[FR Doc. 2017-18285 Filed 8-28-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35688-35690]
[FR Doc No: 2014-14711]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0363]
RIN 1625-AA00

Safety Zone; Hudson River Swim for Life; Hudson River, Sleepy
Hollow, New York

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Hudson River in the vicinity of Sleepy Hollow, New
York for a swim event. This temporary safety zone is necessary to
protect the maritime public and event participants from the hazards
associated with swim events taking place in a high vessel traffic area.
This rule is intended to restrict all vessels from a portion of Hudson
River before and during the swim event.

DATES: This rule is effective on July 27, 2014 from 10:30 a.m. to 2:30
p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0363]. 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 or email Lieutenant Junior Grade Kristopher Kesting, Sector New
York, Waterways Management, U.S. Coast Guard; Telephone<PHONE_NUMBER>,
E-Mail<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Hudson River Swim for Life is an annual recurring event that
has a permanent safety zone found at 33 CFR 165.160. The effective date
for the permanent safety zone is the second weekend in September. This
year the sponsor requested to change the date of the event to July 27,
2014.
    The Coast Guard is issuing this 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 the Coast Guard received the
information about the event on April 18, 2014; approximately 100
swimmers and 400 event supporters are anticipating this event taking
place as scheduled. The event sponsor is unable and unwilling to
postpone this event because the date of this event was chosen based on
the availability of sponsorship for the event. This swim is a charity
event to raise money for the Leukemia & Lymphoma Society.
    Any change to the date of the event could potentially cause
economic hardship on the marine event sponsor and negatively impact
other activities being held in conjunction with this event.
    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.
    The rule must become effective on the date specified in order to
provide for the safety of life on the navigable waters from the hazards
of swimming in the Hudson River, particularly while crossing the
shipping channel. The sponsor is planning to hold the event on the
specified date and the safety zone is necessary to provide for the
safety of event participants, spectator crafts, and other vessels
operating near the event area.

B. Basis and Purpose

    The legal basis for this rule is 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,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
    The COTP has determined that swimming events in close proximity to
marine traffic pose significant risk to public safety and property. The
combination of increased numbers of recreation vessels, congested
waterways, and large numbers of swimmers in the water has the potential
to result in serious injuries or fatalities. In order to protect the
safety of all waterway users including event participants and
spectators, this rule establishes a temporary safety zone for the
duration of the event.
    This rule prevents vessels from entering into, transiting through,
mooring or anchoring within the area specifically designated as the
safety zone during the period of enforcement unless authorized by the
COTP, or the designated representative.

C. Discussion of the Final Rule

    This temporary rule creates a safety zone for a swim event on the
navigable waters of the Hudson River. A portion of the navigable waters
will be closed during the effective period to all vessel traffic except
patrol crafts.
    In order to coordinate the safe movement of vessels within the area
and to ensure that the area is clear of unauthorized persons and
vessels before, during, and immediately after the swim event, this zone
will be effective from approximately 10:30 a.m. to 2:30 p.m. on July
27, 2014.
    Vessels will still be able to transit the surrounding area and may
be authorized to transit through the safety zone with permission from
the COTP or a designated representative.
    Advanced public notifications will also be made to local mariners
through appropriate means, which will include, but are not limited to,
the Local Notice to Mariners as well as Broadcast Notice to Mariners.

D. 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.

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.
    Although this regulation may have some impact on the public, the
potential impact will be minimal. Vessels will only be restricted from
the safety zone for a short duration of time. Before activating the
zone, the Coast Guard will notify mariners by appropriate means
including but not limited to Local Notice to Mariners and Broadcast
Notice to Mariners. Additionally, the Coast Guard promulgated a
permanent safety zone found in 33 CFR Part 165 for the event area in
the past and no adverse comments or notice of any negative impact
caused by the safety zone were received.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    (1) 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 navigable waters in the vicinity
of the marine event during the effective period.
    (2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons:
This rule will be in effect for a short period, vessel traffic can pass
safely through the safety zone with permission from the COTP or a
designated representative, and the Coast Guard will notify mariners
before activating the zone by appropriate means which may include but
are not limited to Local Notice to Mariners and 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,
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 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 temporary safety
zone. This rule 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

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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 AREA

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

0
2. Add Sec.  165.T01-0363 to read as follows:

Sec.  165.T01-0363  Safety Zone; Hudson River Swim for Life; Hudson
River, Sleepy Hollow, NY.

    (a) Regulated Area. The following area is a temporary safety zone:
All navigable waters of the Hudson River bound by a line drawn from
position 41[deg]05'40.90'' N, 073[deg]54'55.01'' W, east to position
41[deg]05'41.43'' N, 073[deg]52'12.03'' W, south to position
41[deg]04'42.20'' N, 073[deg]52'11.35'' W, west to position
41[deg]04'01.38'' N, 073[deg]55'01.01'' W, then north along the
shoreline back to the point of origin.
    (b) Enforcement Period. This rule will be enforced from
approximately 10:30 a.m. to 2:30 p.m. on July 27, 2014.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP)
New York, to act on his or her behalf. A designated representative may
be on an official patrol vessel or may be on shore and will communicate
with vessels via VHF-FM radio or loudhailer. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (d) Regulations.
    (1) The general regulations contained in 33 CFR 165.23, as well as
the following regulations, apply.
    (2) No vessels, except for support vessels provided by the event
sponsor, will be allowed to transit the safety zone without the
permission of the COTP.
    (3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light or other means, the
operator of a vessel shall proceed as directed.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the COTP or a designated representative via VHF
channel 16 or<PHONE_NUMBER> (Sector New York command center) to obtain
permission to do so.

    Dated: June 7, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-14711 Filed 6-23-14; 8:45 am]
BILLING CODE 9110-04-P