[Federal Register Volume 80, Number 55 (Monday, March 23, 2015)]
[Notices]
[Pages 15206-15207]
[FR Doc No: 2015-06523]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13701-002]

FFP Missouri 2, LLC; Notice of Application Ready for
Environmental Analysis, and Soliciting Comments, Recommendations, Terms
and Conditions, and Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License--Existing Dam.
    b. Project No.: 13701-002.
    c. Date filed: November 13, 2013.
    d. Applicant: FFP Missouri 2, LLC.
    e. Name of Project: Sardis Lake Hydroelectric Project.
    f. Location: The proposed project would be located at the U.S. Army
Corps of Engineers' (Corps) existing Sardis Lake Dam, on the Little
Tallahatchie River, near the Town of Sardis, Panola County,
Mississippi. The proposed project would occupy approximately 59 acres
of federal land administered by the Corps.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Ramya Swaminathan, Rye Development, 745
Atlantic Avenue, 8th Floor, Boston, MA 02111; telephone<PHONE_NUMBER>.
    i. FERC Contact: Jeanne Edwards, telephone<PHONE_NUMBER> and email
<EMAIL_ADDRESS>or Patti Leppert, telephone<PHONE_NUMBER> and
email<EMAIL_ADDRESS>    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions: 60 days from the issuance date of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments, recommendations, terms and conditions, and prescriptions
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-13701-002.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The proposed Sardis Lake Project would utilize the following
existing Corps' Sardis Lake Dam facilities: (1) A 15,300-foot-long, 97-
foot-high earth fill embankment dam; (2) a reservoir; and (3) outlet
works consisting of a concrete intake tower, four gated inlets that
combine to direct flow through a 560-foot-long, 16.0-foot by 18.25-foot
ovoid concrete outlet conduit, and a stilling basin.
    The proposed Sardis Lake Project would consist of the following new
facilities: (1) A 510-foot-long, 15.5-foot-diameter steel liner
installed within the existing outlet conduit; (2) a 50-foot-long, 30-
foot-wide (varies) steel-lined, concrete bifurcation chamber containing
two hydraulically-operated gates used to control the amount of flow
diverted from the existing stilling basin to the powerhouse; (3) a 250-
foot-long, 15.5-foot-diameter steel penstock; (4) a 78-foot-wide, 50-
foot-long, 102.6-foot-high steel and reinforced concrete forebay
housing trashracks and a fish bypass gate; (5) a 120-foot-long, 85-
foot-wide concrete powerhouse containing two vertical Kaplan turbine-
generator units having a combined installed capacity of 14.6 megawatts;
(6) a 200-foot-long, 100-foot-wide tailrace; (7) an 887-foot-long,
4.16-kilovolt (kV) buried cable; (8) a substation; and (9) a 6,210-
foot-long, 161-kV overhead transmission line extending from the
substation to a utility-owned distribution line. The average annual
generation would be 52,000 megawatt-hours.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room, or may be viewed on the
Commission's Web site at http://www.ferc.gov, using the ``eLibrary''
link. Enter the docket number, excluding the last three digits in the
docket number field, to access the document. For assistance, contact
FERC Online Support. A copy is available for inspection and
reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    All filings must: (1) Bear in all capital letters the title
``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS''; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions

or prescriptions must set forth their evidentiary basis and otherwise
comply with the requirements of 18 CFR 4.34(b). Agencies may obtain
copies of the application directly from the applicant. Each filing must
be accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b) and 385.2010.
    n. Procedural Schedule:
    The application will be processed according to the following
revised hydro licensing schedule. Revisions to the schedule may be made
as appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations, terms and        May 2015.
 conditions, and prescriptions.
Commission issues Draft EA................  December 2015.
Comments on Draft EA Due..................  January 2016.
Commission Issues Final EA................  May 2016.
------------------------------------------------------------------------

    o. Public notice of the filing of the initial development
application, which has already been given, established the due date for
filing competing applications or notices of intent. Under the
Commission's regulations, any competing development application must be
filed in response to and in compliance with public notice of the
initial development application. No competing applications or notices
of intent may be filed in response to this notice.

    Dated: March 16, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-06523 Filed 3-20-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: May 4, 2010 (Volume 75, Number 85)]
[Notices]
[Page 23841-23843]
[DOCID:fr04my10-145]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Commercial Space Transportation Grant Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request for grant proposals for the Commercial Space
Transportation Grant Program.

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SUMMARY: The FAA's Office of Commercial Space Transportation (AST)
requests grant proposals pursuant to its newly funded Commercial Space
Transportation Grant Program. This program has an initial appropriation
of $500,000 to be used for space transportation infrastructure
projects. The FAA desires to award the appropriated funds before the
end of fiscal year 2010. The FAA will review and evaluate all
applications for a grant under 49 U.S.C. chapter 703 (Chapter 703). The
FAA may make one or more grant awards based upon its evaluations of the
grant proposals. All grants awarded under this program are
discretionary awards.

DATES: Commercial Space Transportation Grant applications are due on or
before July 6, 2010.

ADDRESSES: You can get more information about the Commercial Space
Transportation Grant Program by:
    1. Accessing the Office of Commercial Space Transportation Web site
at http://www.faa.gov/go/ast; and
    2. Contacting Glenn Rizner or Michael McElligott, AST-100, or, for
legal questions, Laura Montgomery, AGC-200, 800 Independence Avenue,
SW., Washington, DC 20591;

----------------------------------------------------------------------------------------------------------------
                                                Phone                     Email                       FAX
----------------------------------------------------------------------------------------------------------------
Glenn Rizner...........................<PHONE_NUMBER><EMAIL_ADDRESS>       202-267-5463
Michael McElligott.....................<PHONE_NUMBER><EMAIL_ADDRESS>       202-267-5463
Laura Montgomery.......................<PHONE_NUMBER><EMAIL_ADDRESS>       202-267-7971
----------------------------------------------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION:

Background

    One of the main purposes of the Commercial Space Transportation
Grant Program is to ensure the resiliency of the space transportation
infrastructure in the United States. To help further the United States'
goals, Congress established a Space Transportation Infrastructure Grant
program under 49 U.S.C. Subtitle IX--Commercial Space Transportation--
Chapter 703--Space Transportation Infrastructure Matching Grants,
Section 70305, Authorization of appropriations. Public Law (Pub. L.)
103-272, Sec. 1(e), 108 Stat. 1345 (July 5, 1994). This legislation
authorizes the use of Federal monies in conjunction with matching
state, local government, and private funds.
    Although the Congressional authorization has been in effect for
some

time, FY 2010 is the first year Federal funds have been appropriated.
The Consolidated Appropriations Act for 2010 (Pub. L. 111-117)
appropriated $500,000.00 for the FAA's Commercial Space Transportation
Grant program. The FAA's Office of Commercial Space Transportation is
responsible for overseeing the program. Although the FAA will be
developing more detailed guidance to administer this program, the FAA
intends to disburse these funds on or before August 31, 2010.
Accordingly, applicants must submit their grant proposals by July 6,
2010, which will fall before more detailed guidance becomes available.

The Commercial Space Transportation Grant Program

    The Commercial Space Transportation Grant Program is intended to
``ensure the resiliency of the space transportation infrastructure of
the United States * * * '' 49 U.S.C. 70302. Development projects
eligible for funding include technical and environmental studies;
construction, improvement, and design and engineering of space
transportation infrastructure, including facilities and associated
equipment; and real property to meet the needs of the United States
commercial space transportation industry.

Who May Apply for a Commercial Space Transportation Grant

    The FAA may make project grants to sponsors. 49 U.S.C. 70303(a).
Chapter 703 defines a sponsor as a public agency that submits an
application for a project grant. 49 U.S.C. 70301(6). A public agency is
a State or an agency of a State, a political subdivision of a State, or
a tax-supported organization. 49 U.S.C. 70301(5).

How To Apply for a Commercial Space Transportation Grant

    Applicants for grants under the Commercial Space Transportation
Grant Program must submit grant proposals to the FAA AST. A complete
SF-424, Application for Federal Assistance (OMB Number 4040-0004) is a
component of all grant proposals. SF-424 forms are available on the
Grants.gov Web site: http://www.grants.gov/agencies/aforms_
repository_ information.jsp. In addition, a grant applicant should use
SF-424A for non-construction proposals or SF-424C for construction
proposals. These forms request specific applicant information, proposed
project information, and an estimate of project funding and duration.
The grant proposal should detail how the proposed project meets the
requirements of Chapter 703. In addition, the forms request detailed
and thorough project budget information. The Commercial Space
Transportation Grant Program will not fund more than 50% of the total
project cost, and project financing must include a private component of
at least 10% of the total project cost. 49 U.S.C. 70302.
    Given that the FAA may award multiple grants, the grant proposals
may include multiple or alternative funding proposals for financing the
proposed project. Applicants may submit multiple grant proposals.
    The grant proposal should also indicate how applicable
environmental requirements were or will be satisfied. See Guidelines
for Compliance with the National Environmental Policy Act and Related
Environmental Review Statutes for the Licensing of Commercial Launches
and Launch Sites; http://www.faa.gov/about/office_org/headquarters_
offices/ast/environmental/review.
    Applicants must submit an original plus three copies of the
completed grant proposal to: Federal Aviation Administration, Office of
Commercial Space Transportation, Space Systems Development Division
(AST-100), 800 Independence Avenue, SW., Suite 331, Washington, DC
20591.
    Grant proposals are due on or before July 6, 2010. Given the time
constraints on the FAA to award its grants, there will be no allowance
for extensions of time.

Grant Application Review

    The FAA will review grant proposals using the criteria of Chapter
703 and will consider the following factors in its evaluation:
    1. The contribution of the project to industry capabilities that
serve the United States Government's space transportation needs;
    2. The extent of industry's financial contribution to the project;
    3. The extent of industry's participation in the project;
    4. The positive impact of the project on the international
competitiveness of the United States space transportation industry;
    5. The extent of State contributions to the project; and
    6. The impact of the project on launch operations and other
activities at Government launch ranges.

49 U.S.C. 70303(b). All grant awards made under this program are
discretionary. The FAA may approve an application only if satisfied
that--

    1. The project will contribute to ensuring the resiliency of the
space transportation infrastructure of the United States;
    2. The project is reasonably consistent with plans of public
agencies that are authorized by the State in which the project is
located and responsible for development of the surrounding area;
    3. The consent of the head of the appropriate agency for the use of
any government property has been obtained;
    4. The project will be completed without unreasonable delay;
    5. The sponsor has the legal authority to engage in the project.

49 U.S.C. 70303(c). Additionally, the FAA may make a project grant only
if at least 10 percent of the total cost of the project will be paid by
the private sector and the grant will not be for more than 50 percent
of the total cost of the project. 49 U.S.C. 70302(b). Applicants should
submit the information necessary for the FAA to make these
determinations as part of their applications.

Environmental Requirements

    Approval of grant funding is a federal action subject to review
under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., as implemented by the regulations of the Council on Environmental
Quality at 40 CFR part 1500 and FAA Order 1050.1E, and other Federal
environmental laws. Because of this, the FAA anticipates that it may be
most cost-effective for applicants who have already undergone a NEPA
review to apply for a grant this fiscal year. For example, a launch
site that has already received a license to operate will have conducted
a NEPA review. The launch site operator could seek a grant for projects
that the FAA approved as part of that license.
    Under 49 U.S.C. 70304, infrastructure development projects selected
for a Commercial Space Transportation Grant must meet three additional
environmental requirements. First, such projects must provide for the
protection and enhancement of the natural resources and the quality of
the environment of the United States. Specifically, if a project will
have a significant adverse environmental impact, the FAA shall approve
the grant application only after finding that no feasible and prudent
alternative to the project exists and that all reasonable steps have
been taken to minimize the adverse effect. Second, the project sponsor
must certify that an opportunity for a public hearing has been provided
to consider potential environmental impacts of the project and its
consistency with the goals of any planning carried out by the
community. Third, the Governor of the State in

which the project is located, or his or her designee, must certify that
there is reasonable assurance the project will be located, designed,
constructed, and operated to comply with applicable air and water
quality standards.
    Planning projects such as technical and environmental studies
normally qualify for categorical exclusion under NEPA and would not
trigger the requirements under 49 U.S.C. 70304 and as set forth above.
If, absent consideration of section 70304, the project normally
qualifies for a categorical exclusion from environmental review, the
grant proposal should reference the relevant paragraph in FAA Order
1050.1E, Policies and Procedures for Considering Environmental Impacts,
and address whether extraordinary circumstances exist that warrant
preparation of an environmental assessment.
    For more details about the environmental review for commercial
space transportation activities see Guidelines for Compliance with the
National Environmental Policy Act and Related Environmental Review
Statutes for the Licensing of Commercial Launches and Launch Sites.
http://www.faa.gov/about/office_org/headquarters_offices/ast/
environmental/review.

Grant Award

    The FAA Office of Commercial Space Transportation intends to award
Commercial Space Transportation Grants on or before August 31, 2010. An
FAA grant offer letter may contain requirements for assurances to
ensure the grants are consistent with Chapter 703. These grant
assurances are currently in development and not finalized at the date
of this publication. The FAA anticipates that the Commercial Space
Transportation Grant Assurances will be similar in nature and purpose
to those required under the Airport Improvement Program.

    Issued in Washington, DC, on April 28, 2010.
George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2010-10320 Filed 5-3-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Notices]
[Pages 20914-20915]
[FR Doc No: 2019-09721]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33468; 812-14894]

ALPS Variable Investment Trust, et al.

May 7, 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 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements in rule 20a-1 under the Act, Item 19(a)(3) of
Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A under the Securities Exchange Act of 1934, and sections 6-
07(2)(a), (b), and (c) of Regulation S-X (``Disclosure Requirements'').
The requested exemption would permit an investment adviser to hire and
replace certain sub-advisers without shareholder approval and grant
relief from the Disclosure Requirements as they relate to fees paid to
the sub-advisers.

Applicants:  ALPS Variable Investment Trust, ALPS ETF Trust, and
Financial Investors Trust (each a ``Trust'' and collectively, the
``Trusts''), each a Delaware statutory trust registered under the Act
as an open-end management investment company that offers or will offer
one or more series (each a ``Series,'' and collectively, the
``Series''), and ALPS Advisors, Inc. (the ``Advisor''), a Colorado
corporation registered as an investment adviser under the Investment
Advisers Act of 1940.

Filing Dates:  The application was filed on April 9, 2018 and amended
on October 2, 2018, and January 9, 2019.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on May 31, 2019, and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by writing to the Commission's Secretary.

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

FOR FURTHER INFORMATION CONTACT: Christine Y. Greenlees, Senior
Counsel, at<PHONE_NUMBER>, or Andrea Ottomanelli Magovern, 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 http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Summary of the Application

    1. The Advisor serves or will serve as the investment adviser to
each Sub-Advised Series pursuant to an investment advisory agreement
with each Trust (the ``Investment Management Agreement'' and together,
the ``Investment Management

Agreements'').\1\ Under the terms of each Investment Management
Agreement, the Advisor, subject to the supervision of the board of
trustees of each Trust (``Board''), provides continuous investment
management of the assets of each Sub-Advised Series. Consistent with
the terms of each Investment Management Agreement, the Advisor may,
subject to the approval of the applicable Board, delegate portfolio
management responsibilities of all or a portion of the assets of a Sub-
Advised Series to one or more Sub-Advisors.\2\ The Advisor will
continue to have overall responsibility for the management and
investment of the assets of each Sub-Advised Series. The Advisor will
evaluate, select, and recommend Sub-Advisors to manage the assets of a
Sub-Advised Series and will oversee, monitor and review the Sub-
Advisors and their performance and recommend the removal or replacement
of Sub-Advisors.
---------------------------------------------------------------------------

    \1\ Applicants request relief with respect to the Series, as
well as to any future series of the Trusts and any other existing or
future registered open-end management investment company or series
thereof that, in each case, is advised by the Advisor, its
successors, or any entity controlling, controlled by, or under
common control with, the Advisor or its successors (each, also an
``Advisor''), uses the multi-manager structure described in the
application, and complies with the terms and conditions set forth in
the application (each, a ``Sub-Advised Series''). For purposes of
the requested order, ``successor'' is limited to an entity that
results from a reorganization into another jurisdiction or a change
in the type of business organization. Future Sub-Advised Series may
be operated as a master-feeder structure pursuant to section
12(d)(1)(E) of the Act. In such a structure, certain Series (each, a
``Feeder Fund'') may invest substantially all of their assets in a
Sub-Advised Series (a ``Master Fund'') pursuant to section
12(d)(1)(E) of the Act. No Feeder Fund will engage any sub-advisers
other than through approving the engagement of one or more of the
Master Fund's sub-advisers.
    \2\ As used herein, a ``Sub-Advisor'' for a Sub-Advised Series
is (1) an indirect or direct ``wholly-owned subsidiary'' (as such
term is defined in the Act) of the Advisor for that Sub-Advised
Series, or (2) a sister company of the Advisor for that Sub-Advised
Series that is an indirect or direct ``wholly-owned subsidiary'' of
the same company that, indirectly or directly, wholly owns the
Advisor (each of (1) and (2) a ``Wholly-Owned Sub-Advisor'' and
collectively, the ``Wholly-Owned Sub-Advisors''), or (3) not an
``affiliated person'' (as such term is defined in section 2(a)(3) of
the Act) of the Sub-Advised Series, any Feeder Fund invested in a
Master Fund, the Trusts, or the Advisor, except to the extent that
an affiliation arises solely because the Sub-Advisor serves as a
sub-adviser to a Sub-Advised Series (``Non-Affiliated Sub-
Advisors'').
---------------------------------------------------------------------------

    2. Applicants request an order to permit the Advisor, subject to
Board approval, to enter into investment sub-advisory agreements with
the Sub-Advisors (each, a ``Sub-Advisory Agreement'') and materially
amend such Sub-Advisory Agreements without obtaining the shareholder
approval required under section 15(a) of the Act and rule 18f-2 under
the Act.\3\ Applicants also seek an exemption from the Disclosure
Requirements to permit a Sub-Advised Series to disclose (as both a
dollar amount and a percentage of the Sub-Advised Series' net assets):
(a) the aggregate fees paid to the Advisor and any Wholly-Owned Sub-
Advisor; (b) the aggregate fees paid to Non-Affiliated Sub-Advisors;
and (c) the fee paid to each Affiliated Sub-Advisor (collectively,
Aggregate Fee Disclosure'').\4\
---------------------------------------------------------------------------

    \3\ The requested relief will not extend to any sub-adviser,
other than a Wholly-Owned Sub-Advisor, who is an affiliated person,
as defined in section 2(a)(3) of the Act, of the Sub-Advised Series,
of any Feeder Fund, or of the Advisor, other than by reason of
serving as a sub-adviser to one or more of the Sub-Advised Series
(``Affiliated Sub-Advisor'').
    \4\ For any Sub-Advised Series that is a Master Fund, the relief
would also permit any Feeder Fund invested in that Master Fund to
disclose Aggregate Fee Disclosure.
---------------------------------------------------------------------------

    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Such terms and conditions provide for, among other safeguards,
appropriate disclosure to Sub-Advised Series' shareholders and
notification about sub-advisory changes and enhanced Board oversight to
protect the interests of the Sub-Advised Series' shareholders.
    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 provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the protection of investors and
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard
because, as further explained in the application, the Investment
Management Agreements will remain subject to shareholder approval,
while the role of the Sub-Advisors is substantially equivalent to that
of individual portfolio managers, so that requiring shareholder
approval of Sub-Advisory Agreements would impose unnecessary delays and
expenses on the Sub-Advised Series.
    Applicants believe that the requested relief from the Disclosure
Requirements meets this standard because it will improve the Advisor's
ability to negotiate fees paid to the Sub-Advisors that are more
advantageous for the Sub-Advised Series.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-09721 Filed 5-10-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 234 (Thursday, December 5, 2013)]
[Proposed Rules]
[Pages 73169-73173]
[FR Doc No: 2013-28877]

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

National Highway Traffic Safety Administration (NHTSA)

49 CFR Part 592

[Docket No. NHTSA-2013-0041; Notice 1]
RIN 2127-AL43

Registered Importers of Vehicles Not Originally Manufactured To
Conform to the Federal Motor Vehicle Safety Standards

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to clarify NHTSA regulations on
registered importers (``RIs'') of motor vehicles not originally
manufactured to comply with all applicable Federal motor vehicle safety
standards. The proposal would require RIs to certify to NHTSA, as
appropriate, that an imported vehicle either is not required to comply
with the parts marking requirements of the Theft Prevention Standard or
that the vehicle complies with those requirements as manufactured, or
as modified prior to importation. The proposal would replace text that
was inadvertently omitted when the regulations were last revised.

DATES: You should submit your comments early enough to ensure that
Docket Management receives them not later than January 6, 2014.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process,

see the Public Participation heading of the Supplementary Information
section of this document. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and follow the
online instructions for accessing the dockets or visit the Docket
Management Facility at the street address listed above.

FOR FURTHER INFORMATION CONTACT: Clint Lindsay, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>. For legal issues, you may call
Nicholas Englund, Office of Chief Counsel, NHTSA<PHONE_NUMBER>. You
may call Docket Management at<PHONE_NUMBER>. You may visit the Docket
in person from 9 a.m. to 5 p.m., Monday through Friday.

SUPPLEMENTARY INFORMATION:

Introduction

    NHTSA published a final rule on August 25, 2011 (76 FR 53072)
amending parts 567, 591, 592, and 593 of title 49 to address issues
related to the RI program. In amending the regulations, the agency
inadvertently deleted from 49 CFR 592.6(d)(1) text under paragraphs (i)
and (ii) that requires the RI to certify to NHTSA, as appropriate, that
an imported vehicle either is not required to comply with the parts
marking requirements of the Theft Prevention Standard (49 CFR part 541)
or that the vehicle complies with those requirements as manufactured,
or as modified prior to importation.

Background and Amendments

    The Imported Vehicle Safety Compliance Act of 1988 (Pub. L. 100-
562, ``the 1988 Act''), which became effective on January 31, 1990,
limited the importation of vehicles that did not comply with the
Federal motor vehicle safety standards (FMVSS) to those capable of
being modified to comply. To enhance oversight, the 1988 Act required
that necessary modifications be performed by RIs. RIs are business
entities that have demonstrated to NHTSA that they are technically and
financially capable of importing nonconforming motor vehicles and of
performing the necessary modifications on those vehicles so that they
conform to all applicable FMVSS. See generally, 49 U.S.C. 30141-30147.
As discussed in the January 14, 2011 proposed rulemaking that preceded
the final rule (76 FR 2631), NHTSA proposed certain amendments to the
RI regulations to protect the integrity of the RI program and to
clarify RI requirements. In the final rule that was published on August
25, 2011 (76 FR 53072), CFR 592.6(d)(1) was amended by adding language
requiring that RIs certify to NHTSA that they destroyed or exported
nonconforming motor vehicle equipment that was removed from imported
vehicles during conformance modifications. The remaining text of the
paragraph remained unchanged and read: ``The Registered Importer shall
also certify, as appropriate, that either:
    (i) The vehicle is not required to comply with the parts marking
requirements of the theft prevention standard (part 541 of this
chapter); or
    (ii) The vehicle complies with those parts marking requirements as
manufactured, or as modified prior to importation.''
    In the regulatory text of the final rule, NHTSA inadvertently
failed to properly mark subparagraphs (i) and (ii), resulting in the
deletion of those paragraphs. In this rulemaking, the agency is
proposing to restore the language that was originally in subparagraphs
(i) and (ii).
    The proposed amendment would not change the meaning or application
of the regulations, as explained in the preamble of the final rule at
76 FR 53072.

Rulemaking Analyses and Notices

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563, and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    The agency has considered the impact of this rulemaking action
under E.O. 12866, E.O. 13563, and the Department of Transportation's
regulatory policies and procedures. This action was reviewed by the
Office of Management and Budget under E.O. 12866. This rulemaking is
not significant. Further, NHTSA has determined that the rulemaking is
not significant under Department of Transportation's regulatory
policies and procedures. Based on the level of the fees and the volume
of affected vehicles, NHTSA currently anticipates that if made final,
the costs of the proposed rule would be so minimal as not to warrant
preparation of a full regulatory evaluation. The action does not
involve any substantial public interest or controversy. If made final,
the rule would have no substantial effect upon State and local
governments. There would be no substantial impact upon a major
transportation safety program. A regulatory evaluation analyzing the
economic impact of the final rule establishing the registered importer
program, adopted on September 29, 1989, was prepared, and is available
for review in the docket.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR Part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR 121.105(a)). No
regulatory flexibility analysis is

required if the head of an agency certifies that the rule would not
have a significant economic impact on a substantial number of small
entities. The SBREFA amended the Regulatory Flexibility Act to require
Federal agencies to provide a statement of the factual basis for
certifying that a rule would not have a significant economic impact on
a substantial number of small entities.
    The agency has considered the effects of this proposed rulemaking
under the Regulatory Flexibility Act, and certifies that if the
proposed amendments are adopted they would not have a significant
economic impact upon a substantial number of small entities.
    The following is NHTSA's statement providing the factual basis for
the certification (5 U.S.C. 605(b)). The proposed amendments would
primarily affect entities that currently modify nonconforming vehicles
and that are small businesses within the meaning of the Regulatory
Flexibility Act; however, the agency has no reason to believe that
these companies would be unable to certify as proposed by this action
that either: (i) The vehicle is not required to comply with the parts
marking requirements of the theft prevention standard (part 541 of this
chapter); or (ii) The vehicle complies with those parts marking
requirements as manufactured, or as modified prior to importation.''
    Governmental jurisdictions would not be affected at all since they
are generally neither importers nor purchasers of nonconforming motor
vehicles.

C. Executive Order 13132 (Federalism)

    Executive Order 13132 on ``Federalism'' requires NHTSA to develop
an accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
Federalism implications.'' Executive Order 13132 defines the term
``policies that have federalism implications'' to include regulations
that have ``substantial direct effects 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.'' Under Executive Order 13132, NHTSA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or NHTSA
consults with State and local officials early in the process of
developing the proposed regulation.
    The proposed rule would not have substantial direct effects 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 as specified in Executive Order 13132.
Thus, the requirements of section 6 of the Executive Order do not apply
to this rulemaking action.

D. National Environmental Policy Act

    NHTSA has analyzed this action for purposes of the National
Environmental Policy Act. The action would not have a significant
effect upon the environment because it is anticipated that the annual
volume of motor vehicles imported through registered importers would
not vary significantly from that existing before promulgation of the
rule as proposed.

E. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988 ``Civil Justice Reform,'' the
agency has considered whether this proposed rule would have any
retroactive effect. NHTSA concludes that this proposed rule would not
have any retroactive effect. Judicial review of any rule adopted from
this proposal may be obtained pursuant to 5 U.S.C. 702. That section
does not require that a petition for reconsideration be filed prior to
seeking judicial review.

F. Executive Order 13609: Promoting International Regulatory
Cooperation

    The policy statement in section 1 of Executive Order 13609
provides, in part:
    The regulatory approaches taken by foreign governments may differ
from those taken by U.S. regulatory agencies to address similar issues.
In some cases, the differences between the regulatory approaches of
U.S. agencies and those of their foreign counterparts might not be
necessary and might impair the ability of American businesses to export
and compete internationally. In meeting shared challenges involving
health, safety, labor, security, environmental, and other issues,
international regulatory cooperation can identify approaches that are
at least as protective as those that are or would be adopted in the
absence of such cooperation. International regulatory cooperation can
also reduce, eliminate, or prevent unnecessary differences in
regulatory requirements. NHTSA requests public comment on whether (a)
``regulatory approaches taken by foreign governments'' concerning the
subject matter of this rulemaking and (b) the above policy statement
has any implications for this rulemaking.

G. Executive Order 13211

    Executive Order 13211 applies to any rule that: (1) Is determined
to be economically significant as defined under E.O. 12866, and is
likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) that is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. If the regulatory action meets either
criterion, we must evaluate the adverse energy effects of the proposed
rule and explain why the proposed regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by NHTSA. As noted above, this proposed rule is not significant under
E.O. 12866. NHTSA also believes that this proposed rule would not have
any effect on the supply, distribution or use of energy.

H. Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with the base year
of 1995). Before promulgating a rule for which a written assessment is
needed, Section 205 of the UMRA generally requires NHTSA to identify
and consider a reasonable number of regulatory alternatives and to
adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
Section 205 do not apply when they are inconsistent with applicable
law. Moreover, Section 205 allows NHTSA to adopt an alternative other
than the least costly, most cost-effective or least burdensome
alternative if the agency publishes with the final rule an explanation
why that alternative was not adopted. Because a final rule based on
this proposal would not require the expenditure of resources beyond
$100 million annually, this action is not subject to the requirements
of Sections 202 and 205 of the UMRA.

I. Plain Language

    Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all

rules in plain language. Application of the principles of plain
language includes consideration of the following questions:

--Have we organized the material to suit the public's needs?
--Are the requirements in the proposed rule clearly stated?
--Does the proposed rule contain technical language or jargon that is
unclear?
--Would a different format (grouping and order of sections, use of
heading, paragraphing) make the rule easier to understand?
--Would more (but shorter) sections be better?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make the rule easier to understand?

    If you have any responses to these questions, please include them
in your comments on this document.

J. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, a person is not required
to respond to a collection of information by a Federal agency unless
the collection displays a valid OMB control number. Part 592 includes
collections of information for which NHTSA has obtained OMB Clearance
No. 2127-0001, a consolidated collection of information for
``Importation of Vehicles and Equipment Subject to the Federal Motor
Vehicle Safety, Bumper and Theft Prevention Standards,'' approved
through January 31, 2014. This proposed rule, if made final, would not
affect the burden hours associated with Clearance No. 2127-0001 because
we are proposing only to reinstate regulatory text that was
inadvertently omitted when the regulations were last amended. This
proposed regulation will not impose new collection of information
requirements or otherwise affect the scope of the program.

K. Executive Order 13045

    Executive Order 13045 applies to any rule that (1) is determined to
be ``economically significant'' as defined under E.O. 12866, and (2)
concerns an environmental, health, or safety risk that NHTSA has reason
to believe may have a disproportionate effect on children. If the
regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned rule is preferable to other potentially
effective and reasonably feasible alternatives considered by us. This
rulemaking is not economically significant and does not concern an
environmental, health, or safety risk.

L. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272)
directs NHTSA to use voluntary consensus standards in its regulatory
activities unless doing so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The NTTAA directs the agency to provide Congress,
through the OMB, explanations when we decide not to use available and
applicable voluntary consensus standards.
    This proposed rule would reinstate regulatory text that was
inadvertently omitted when the regulations at issue were last amended.
We are proposing no substantive changes to the vehicle import program
or any action that would require the use of voluntary consensus
standards. For these reasons, Section 12(d) of the NTTAA would not
apply.

M. Public Participation

How do I prepare and submit comments?
    Your comments must be written and be in English. To ensure that
your comments are correctly filed in the Docket, please include the
docket number of this document in your comments. Your comments must not
be more than 15 pages long. 49 CFR 553.21. We established this limit to
encourage you to write your primary comments in a concise fashion.
However, you may attach necessary additional documents to your
comments. There is no limit on the length of the attachments.
    Please submit two copies of your comments, including the
attachments, to Docket Management at the address identified at the
beginning of this document, under ADDRESSES. You may also submit your
comments electronically to the docket following the steps outlined
under ADDRESSES.
How can I be sure that my comments were received?
    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How do I submit confidential business information?
    If you wish to submit any information under a claim of
confidentiality, you should submit the following to the NHTSA Office of
Chief Counsel (NCC-110), 1200 New Jersey Avenue SE., Washington, DC
20590: (1) A complete copy of the submission; (2) a redacted copy of
the submission with the confidential information removed; and (3)
either a second complete copy or those portions of the submission
containing the material for which confidential treatment is claimed and
any additional information that you deem important to the Chief
Counsel's consideration of your confidentiality claim. A request for
confidential treatment that complies with 49 CFR Part 512 must
accompany the complete submission provided to the Chief Counsel. For
further information, submitters who plan to request confidential
treatment for any portion of their submissions are advised to review 49
CFR Part 512, particularly those sections relating to document
submission requirements. Failure to adhere to the requirements of Part
512 may result in the release of confidential information to the public
docket. In addition, you should submit two copies from which you have
deleted the claimed confidential business information, to Docket
Management at the address identified at the beginning of this document
under ADDRESSES.
Will the agency consider late comments?
    We will consider all comments that Docket Management receives
before the close of business on the comment closing date identified at
the beginning of this document under DATES. In accordance with our
policies, to the extent possible, we will also consider comments that
Docket Management receives after the specified comment closing date. If
Docket Management receives a comment too late for us to consider in
developing the proposed rule, we will consider that comment as an
informal suggestion for future rulemaking action.
How can I read the comments submitted by other people?
    You may read the comments received by Docket Management at the
address and times identified at the beginning of this document under
ADDRESSES.
    You may also see the comments on the Internet. To read the comments
on the Internet, go to http://

www.regulations.gov and follow the on-line instructions provided.
    You may download the comments. The comments are imaged documents,
in either TIFF or PDF format. Please note that even after the comment
closing date, we will continue to file relevant information in the
Docket as it becomes available. Further, some people may submit late
comments. Accordingly, we recommend that you periodically search the
Docket for new material.

N. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN that appears in the heading on the first page of this
document to find this action in the Unified Agenda.
    In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 592 as follows:

List of Subjects in 49 CFR Part 592

    Imports, Motor vehicle safety, Motor vehicles, Reporting and
recordkeeping requirements.

PART 592--REGISTERED IMPORTERS OF VEHICLES NOT ORIGINALLY
MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY
STANDARDS

0
1. The authority citation for part 592 continues to read as follows:

    Authority: Pub. L. 100-562, 49 U.S.C. 322(a), 30117, 30141-
30147; delegation of authority at 49 CFR 1.50.

0
2. Amend Sec.  592.6 to add subparagraphs (d)(1)(i) and (ii):

Sec.  592.6  Duties of a registered importer.

* * * * *
    (d) * * *
    (1) * * *
    (i) The vehicle is not required to comply with the parts marking
requirements of the theft prevention standard (part 541 of this
chapter); or
    (ii) The vehicle complies with those parts marking requirements as
manufactured, or as modified prior to importation.
* * * * *

    Issued on November 27, 2013.
Daniel C. Smith,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 2013-28877 Filed 12-4-13; 8:45 am]
BILLING CODE 4910-59-P