[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Notices]
[Pages 57597-57602]
[FR Doc No: 2012-22917]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30201; File No. 812-13967]

Wells Fargo Funds Trust, et al.; Notice of Application

September 12, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 12(d)(1)(J)
of the Investment Company Act of 1940 (the ``Act'') for an exemption
from sections 12(d)(1)(A) and (B) of the Act, under sections 6(c) and
17(b) of the Act for an exemption from sections 17(a)(1) and (2) of the
Act, and under section 6(c) of the Act for an exemption from rule 12d1-
2(a) under the Act.

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Summary of the Application: The requested order would (a) permit
certain registered open-end management investment companies to acquire
shares of other registered open-end management investment companies and
unit investment trusts (``UITs'') that are within and outside the same
group of investment companies as the acquiring investment companies,
and (b) permit funds of funds relying on rule 12d1-2 under the Act to
invest in certain financial instruments.

Applicants:  Wells Fargo Funds Trust (``Trust''), on behalf of its
series, Wells Fargo Advantage WealthBuilder Conservative Allocation
Portfolio, Wells Fargo Advantage WealthBuilder Moderate Balanced
Portfolio, Wells Fargo Advantage WealthBuilder Growth Balanced
Portfolio, Wells Fargo Advantage WealthBuilder Growth Allocation
Portfolio, Wells Fargo Advantage WealthBuilder Equity Portfolio and
Wells Fargo Advantage WealthBuilder Tactical Equity Portfolio
(collectively, the ``WealthBuilder Portfolios''), and Wells Fargo Funds
Management, LLC (``WFFM'' or the ``Adviser'').

DATES: Filing Dates: The application was filed on October 12, 2011, and
amended on May 10, 2012, and August 27, 2012. Applicants have agreed to
file an amendment during the notice period, the substance of which is
reflected in this notice.

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 October 9, 2012, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants:
525 Market Street, 12th Floor, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, at
(202) 551-6876, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Trust is a Delaware statutory trust and is registered as an
open-end management investment company under the Act. The WealthBuilder
Portfolios are series of the Trust, and each pursues a distinct
investment objective and strategy.\1\ The WealthBuilder Portfolios are
the only Wells Fargo Advantage Funds that currently intend to rely on
the requested order. In the future, other Wells Fargo Advantage Funds,
including series of Wells Fargo Variable Trust, that pursue their
investment objective by investing in Underlying Funds (as defined
below) may rely on the requested order. \2\
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    \1\ Applicants request that the relief apply to any existing or
future registered open-end management investment companies and any
series thereof that are part of the same group of investment
companies (as defined in section 12(d)(1)(G)(ii) of the Act) as the
WealthBuilder Portfolios and that are, or may in the future be,
advised by WFFM (together with the WealthBuilder Portfolios, the
``Wells Fargo Advantage Funds'').
    \2\ Shares of the series of Wells Fargo Variable Trust are not
offered directly to the public. Shares of each series of Wells Fargo
Variable Trust are offered to separate accounts that are registered
as investment companies under the Act (``Registered Separate
Accounts'') or that are not registered under the Act (``Unregistered
Separate Accounts'', and together with the Registered Separate
Accounts, ``Separate Accounts'') of affiliated and unaffiliated
insurance companies (collectively, ``Insurance Companies'') as the
underlying investment vehicles for the variable life insurance and
variable annuity contracts (``Variable Contracts'') issued by the
Insurance Companies.
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    2. The Adviser is registered as an investment adviser under the
Investment Advisers Act of 1940 (``Advisers Act'') and serves as
investment adviser for each Wells Fargo Advantage Fund.\3\ The Adviser
may engage one or more affiliated or unaffiliated subadvisers (each a
``Subadviser''). Each Subadviser will be registered as an investment
adviser under the Advisers Act.
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    \3\ The term ``WFFM'' or ``Adviser'' includes any existing or
future entity controlling, controlled by or under common control
with Wells Fargo Funds Management, LLC and any successor thereto. A
successor entity is limited to any entity that results from a
reorganization of the Adviser into another jurisdiction or a change
in the type of business organization.
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    3. Applicants request an order to permit (a) certain Wells Fargo
Advantage Funds that operate as a ``fund of funds'' (each, a ``Wells
Fargo Fund-of-Funds'') to acquire shares of (i) registered open-end
management investment companies that are not part of the same ``group
of investment companies,'' within the meaning of section
12(d)(1)(G)(ii) of the Act, as the Wells Fargo Fund-of-Funds (the
``Unaffiliated Investment Companies'') and unit investment trusts
(``UITs'') that are not part of the same ``group of investment
companies'' as the Wells Fargo Fund-of-Funds (``Unaffiliated Trusts''
and together with the Unaffiliated Investment Companies, ``Unaffiliated
Funds''),\4\ and (ii) registered open-end management companies or UITs
that are part of the same ``group of investment companies'' as the
Wells Fargo Fund-of-Funds (collectively, ``Affiliated Funds,'' and
together with the Unaffiliated Funds, ``Underlying Funds'') and (b)
each Underlying Fund, any principal underwriter for the Underlying
Fund, and any broker or dealer registered under the Securities Exchange
Act of 1934 (``Broker'') to sell shares of the Underlying Fund to the
Wells Fargo Fund-of-Funds.\5\ Applicants also request an order under
sections 6(c) and 17(b) of the Act to exempt applicants from section
17(a) to the extent necessary to permit Underlying Funds to sell their
shares to Wells Fargo Funds-of-Funds and redeem their shares from Wells
Fargo Funds-of-Funds.
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    \4\ Certain of the Unaffiliated Funds may be registered under
the Act as either UITs or open-end management investment companies
and have received exemptive relief to permit their shares to be
listed and traded on a national securities exchange at negotiated
prices (``ETFs'').
    \5\ All entities that currently intend to rely on the requested
order are named as applicants, and any other entity that relies on
the order in the future will comply with the terms and conditions of
the application.
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    4. Applicants also request an exemption under section 6(c) from
rule 12d1-2 under the Act to permit any existing or future Wells Fargo
Fund-of-Funds that relies on section 12(d)(1)(G) of the Act (``Same
Group Fund of Funds'') and that otherwise complies with rule 12d1-2 to
also invest, to the extent consistent with its investment objective,
policies, strategies and limitations, in financial instruments that may
not be securities within the meaning of section 2(a)(36) of the Act
(``Other Investments'').

Applicants' Legal Analysis

Investments in Underlying Funds

A. Section 12(d)(1)
    1. Section 12(d)(1)(A) of the Act, in relevant part, prohibits a
registered investment company from acquiring shares of an investment
company if the securities represent more than 3% of the total
outstanding voting stock of the acquired company, more than 5% of the
total assets of the acquiring company, or, together with the securities
of any other investment companies, more than 10% of the total assets of
the acquiring company. Section 12(d)(1)(B) of the Act prohibits a
registered open-end investment company, its principal underwriter, and
any broker or dealer from selling the investment company's shares to
another investment company if the sale will cause the acquiring company
to own more than 3% of the acquired company's voting stock, or if the
sale will cause more than 10% of the acquired company's voting stock to
be owned by investment companies generally.
    2. Section 12(d)(1)(J) 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 section
12(d)(1) if the exemption is consistent with the public interest and
the protection of investors. Applicants seek an exemption under section
12(d)(1)(J) of the Act to permit a Wells Fargo Funds-of-Funds to
acquire shares of the Underlying Funds in excess of the limits in
section 12(d)(1)(A), and an Underlying Fund, any principal underwriter
for an Underlying Fund, and any Broker to sell shares of an Underlying
Fund to a Wells Fargo Fund-of-Funds in excess of the limits in section
12(d)(1)(B) of the Act.
    3. Applicants state that the terms and conditions of the proposed
arrangement will not give rise to the policy concerns underlying
sections 12(d)(1)(A) and (B), which include concerns about undue

influence by a fund of funds over underlying funds, excessive layering
of fees, and overly complex fund structures. Accordingly, applicants
believe that the requested exemption is consistent with the public
interest and the protection of investors.
    4. Applicants submit that the proposed arrangement will not result
in the exercise of undue influence by a Wells Fargo Fund-of-Funds or a
Fund of Funds Affiliate (as defined below) over the Unaffiliated
Funds.\6\ To limit the control that a Wells Fargo Fund-of-Funds may
have over an Unaffiliated Fund, applicants propose condition 1
prohibiting the Adviser, any person controlling, controlled by, or
under common control with the Adviser, and any investment company or
issuer that would be an investment company but for section 3(c)(1) or
3(c)(7) of the Act that is advised or sponsored by the Adviser or any
person controlling, controlled by, or under common control with the
Adviser (the ``Advisory Group'') from controlling (individually or in
the aggregate) an Unaffiliated Fund within the meaning of section
2(a)(9) of the Act. The same prohibition would apply to any Subadviser
within the meaning of section 2(a)(20)(B) of the Act to a Wells Fargo
Fund-of-Funds, any person controlling, controlled by or under common
control with the Subadviser, and any investment company or issuer that
would be an investment company but for section 3(c)(1) or 3(c)(7) of
the Act (or portion of such investment company or issuer) advised or
sponsored by the Subadviser or any person controlling, controlled by or
under common control with the Subadviser (the ``Subadvisory Group'').
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    \6\ A ``Fund of Funds Affiliate'' is the Adviser, any
Subadviser, promoter or principal underwriter of a Wells Fargo Fund-
of-Funds, as well as any person controlling, controlled by, or under
common control with any of those entities. An ``Unaffiliated Fund
Affiliate'' is an investment adviser, sponsor, promoter, or
principal underwriter of an Unaffiliated Fund, as well as any person
controlling, controlled by, or under common control with any of
those entities.
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    5. Applicants also propose conditions to limit the potential for
undue influence over the Unaffiliated Funds, including that no Wells
Fargo Fund-of-Funds or Fund of Funds Affiliate (except to the extent it
is acting in its capacity as an investment adviser to an Unaffiliated
Investment Company or sponsor to an Unaffiliated Trust) will cause an
Unaffiliated Fund to purchase a security in an offering of securities
during the existence of any underwriting or selling syndicate of which
a principal underwriter is an Underwriting Affiliate (``Affiliated
Underwriting''). An ``Underwriting Affiliate'' is a principal
underwriter in any underwriting or selling syndicate that is an
officer, director, member of an advisory board, investment adviser,
Subadviser, or employee of the Wells Fargo Fund-of-Funds, or a person
of which any such officer, director, member of an advisory board,
investment adviser, Subadviser, or employee is an affiliated person. An
Underwriting Affiliate does not include any person whose relationship
to an Unaffiliated Fund is covered by section 10(f) of the Act.
    6. As an additional assurance that an Unaffiliated Investment
Company understands the implications of an investment by a Wells Fargo
Fund-of-Funds under the requested order, prior to a Wells Fargo Fund-
of-Funds' investment in the shares of an Unaffiliated Investment
Company in excess of the limit in section 12(d)(1)(A)(i) of the Act,
the Wells Fargo Fund-of-Funds and the Unaffiliated Investment Company
will execute an agreement stating, without limitation, that their
boards of directors or trustees (``Boards'') and their investment
advisers understand the terms and conditions of the order and agree to
fulfill their responsibilities under the order (``Participation
Agreement''). Applicants note that an Unaffiliated Investment Company
(other than an ETF whose shares are purchased by a Wells Fargo Fund-of-
Funds in the secondary market) will retain its right at all times to
reject any investment by a Wells Fargo Fund-of-Funds.\7\
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    \7\ An Unaffiliated Investment Company, including an ETF, would
retain its right to reject any initial investment by a Wells Fargo
Fund-of-Funds in excess of the limit in section 12(d)(1)(A)(i) of
the Act by declining to execute the Participation Agreement with the
Wells Fargo Fund-of-Funds.
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    7. Applicants state that they do not believe that the proposed
arrangement will involve excessive layering of fees. The Board of the
Wells Fargo Fund-of-Funds, including a majority of the trustees who are
not ``interested persons'' (within the meaning of section 2(a)(19) of
the Act) (``Independent Trustees''), will find that the advisory fees
charged under any investment advisory or management contract are based
on services provided that will be in addition to, rather than
duplicative of, the services provided under the advisory contract(s) of
any Underlying Fund in which the Wells Fargo Fund-of-Funds may invest.
In addition, the Adviser will waive fees otherwise payable to it by the
Wells Fargo Fund-of-Funds in an amount at least equal to any
compensation (including fees received pursuant to any plan adopted by
an Unaffiliated Investment Company under rule 12b-1 under the Act)
received from an Unaffiliated Fund by the Adviser or an affiliated
person of the Adviser, other than any advisory fees paid to the Adviser
or its affiliated person by an Unaffiliated Investment Company, in
connection with the investment by the Wells Fargo Fund-of-Funds in the
Unaffiliated Fund.
    8. Applicants state that with respect to Registered Separate
Accounts that may invest in a Wells Fargo Fund-of-Funds in the future,
no sales load will be charged at the Wells Fargo Fund-of-Funds level or
at the Underlying Fund level. Other sales charges and service fees, as
defined in Rule 2830 of the Conduct Rules of the NASD (``NASD Conduct
Rule 2830''),\8\ if any, will only be charged at the Wells Fargo Fund-
of-Funds level or at the Underlying Fund level, not both. With respect
to other investments in a Wells Fargo Fund-of-Funds, any sales charges
and/or service fees charged with respect to shares of the Wells Fargo
Fund-of-Funds will not exceed the limits applicable to funds of funds
as set forth in NASD Conduct Rule 2830.
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    \8\ Any references to NASD Conduct Rule 2830 include any
successor or replacement rule to NASD Conduct Rule 2830 that may be
adopted by FINRA.
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    9. Applicants represent that if a series of Wells Fargo Variable
Trust operates as a Wells Fargo Fund-of-Funds in the future, each such
Wells Fargo Fund-of-Funds will represent in its Participation Agreement
that no Insurance Company sponsoring a Registered Separate Account
funding Variable Contracts will be permitted to invest in the Wells
Fargo Fund-of-Funds unless the Insurance Company has certified to the
Wells Fargo Fund-of-Funds that the aggregate amount of all fees and
charges associated with each Variable Contract that invests in the
Wells Fargo Fund-of-Funds, including fees and charges at the Separate
Account, Wells Fargo Fund-of-Funds, and Underlying Fund levels, is
reasonable in relation to the services rendered, the expenses expected
to be incurred, and the risks assumed by the Insurance Company.
    10. Applicants submit that the proposed arrangement will not create
an overly complex fund structure. Applicants note that no Underlying
Fund will acquire securities of any investment company or company
relying on section 3(c)(1) or 3(c)(7) of the Act in excess of the
limits contained in section 12(d)(1)(A) of the Act, except in certain
circumstances identified in condition 11 below.

B. Section 17(a)
    1. Section 17(a) of the Act generally prohibits sales or purchases
of securities between a registered investment company and any
affiliated person of the company. Section 2(a)(3) of the Act defines an
``affiliated person'' of another person to include (a) any person
directly or indirectly owning, controlling, or holding with power to
vote, 5% or more of the outstanding voting securities of the other
person; (b) any person 5% or more of whose outstanding voting
securities are directly or indirectly owned, controlled, or held with
power to vote by the other person; and (c) any person directly or
indirectly controlling, controlled by, or under common control with the
other person.
    2. Applicants state that a Wells Fargo Fund-of-Funds and the
Affiliated Funds might be deemed to be under common control of the
Adviser and therefore affiliated persons of one another. Applicants
also state that a Wells Fargo Fund-of-Funds and the Unaffiliated Funds
might be deemed to be affiliated persons of one another if the Wells
Fargo Fund-of-Funds acquires 5% or more of an Unaffiliated Fund's
outstanding voting securities. In light of these and other possible
affiliations, section 17(a) could prevent an Underlying Fund from
selling shares to and redeeming shares from a Wells Fargo Fund-of-
Funds.
    3. Section 17(b) of the Act authorizes the Commission to grant an
order permitting a transaction otherwise prohibited by section 17(a) if
it finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act. Section
6(c) of the Act permits the Commission to exempt any person or
transactions from any provision of the Act if 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.
    4. Applicants submit that the proposed transactions satisfy the
standards for relief under sections 17(b) and 6(c) of the Act.\9\
Applicants state that the terms of the transactions are reasonable and
fair and do not involve overreaching. Applicants state that the terms
upon which an Underlying Fund will sell its shares to or purchase its
shares from a Wells Fargo Fund-of-Funds will be based on the net asset
value of the Underlying Fund.\10\ Applicants state that the proposed
transactions will be consistent with the policies of each Wells Fargo
Fund-of-Funds and each Underlying Fund and with the general purposes of
the Act.
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    \9\ Applicants acknowledge that receipt of any compensation by
(a) an affiliated person of a Wells Fargo Fund-of-Funds, or an
affiliated person of such person, for the purchase by a Wells Fargo
Fund-of-Funds of shares of an Underlying Fund or (b) an affiliated
person of an Underlying Fund, or an affiliated person of such
person, for the sale by the Underlying Fund of its shares to a Wells
Fargo Fund-of-Funds may be prohibited by section 17(e)(1) of the
Act. The Participation Agreement also will include this
acknowledgement.
    \10\ Applicants note that a Wells Fargo Fund-of-Funds generally
would purchase and sell shares of an Unaffiliated Fund that operates
as an ETF through secondary market transactions rather than through
principal transactions with the Unaffiliated Fund. To the extent
purchases and sales of shares of an ETF occur in the secondary
market (and not through principal transactions directly between a
Wells Fargo Fund-of-Funds and an ETF), relief from section 17(a)
would not be necessary. The requested relief is intended to cover,
however, transactions directly between ETFs and a Wells Fargo Fund-
of-Funds. Applicants are not seeking relief from section 17(a) for,
and the requested relief will not apply to, transactions where an
ETF could be deemed an affiliated person, or an affiliated person of
an affiliated person of a Wells Fargo Fund-of-Funds, because an
investment adviser to the ETF is also an investment adviser to the
Wells Fargo Fund-of-Funds.
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Other Investments by Same Group Funds of Funds

    1. Section 12(d)(1)(G) of the Act provides that section 12(d)(1)
will not apply to securities of an acquired company purchased by an
acquiring company if: (i) The acquiring company and acquired company
are part of the same group of investment companies; (ii) the acquiring
company holds only securities of acquired companies that are part of
the same group of investment companies, government securities, and
short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section
22(c) of the Act by a securities association registered under section
15A of the Exchange Act or by the Commission; and (iv) the acquired
company has a policy that prohibits it from acquiring securities of
registered open-end management investment companies or registered unit
investment trusts in reliance on section 12(d)(1)(F) or (G) of the Act.
    2. Rule 12d1-2 under the Act permits a registered open-end
investment company or a registered UIT that relies on section
12(d)(1)(G) of the Act to acquire, in addition to securities issued by
another registered investment company in the same group of investment
companies, government securities, and short-term paper: (1) Securities
issued by an investment company that is not in the same group of
investment companies, when the acquisition is in reliance on section
12(d)(1)(A) or 12(d)(1)(F) of the Act; (2) securities (other than
securities issued by an investment company); and (3) securities issued
by a money market fund, when the investment is in reliance on rule
12d1-1 under the Act. For the purposes of rule 12d1-2, ``securities''
means any security as defined in section 2(a)(36) of the Act.
    3. Applicants state that the proposed arrangement would comply with
the provisions of rule 12d1-2 under the Act, but for the fact that the
Same Group Fund of Funds may invest a portion of their assets in Other
Investments. Applicants request an order under section 6(c) of the Act
for an exemption from rule 12d1-2(a) to allow the Same Group Funds of
Funds to invest in Other Investments. Applicants assert that permitting
Same Group Funds of Funds to invest in Other Investments as described
in the application would not raise any of the concerns that the
requirements of section 12(d)(1) were designed to address.
    4. Consistent with its fiduciary obligations under the Act, the
Board of each Same Group Fund of Funds will review the advisory fees
charged by the Same Group Fund of Fund's investment adviser to ensure
that they are based on services provided that are in addition to,
rather than duplicative of, services provided pursuant to the advisory
agreement of any investment company in which the Same Group Fund of
Funds may invest.

Applicants' Conditions

Investments by Funds of Funds in Underlying Funds

    Applicants agree that the relief to permit Funds of Funds to invest
in Underlying Funds shall be subject to the following conditions:
    1. The members of an Advisory Group will not control (individually
or in the aggregate) an Unaffiliated Fund within the meaning of section
2(a)(9) of the Act. The members of a Subadvisory Group will not control
(individually or in the aggregate) an Unaffiliated Fund within the
meaning of section 2(a)(9) of the Act. If, as a result of a decrease in
the outstanding voting securities of an Unaffiliated Fund, the Advisory
Group or a Subadvisory Group, each in the aggregate, becomes a holder
of more than 25 percent of the outstanding voting securities of the
Unaffiliated

Fund, then the Advisory Group or the Subadvisory Group will vote its
shares of the Unaffiliated Fund in the same proportion as the vote of
all other holders of the Unaffiliated Fund's shares. This condition
will not apply to a Subadvisory Group with respect to an Unaffiliated
Fund for which the Subadviser or a person controlling, controlled by,
or under common control with the Subadviser acts as the investment
adviser within the meaning of section 2(a)(20)(A) of the Act (in the
case of an Unaffiliated Investment Company) or as the sponsor (in the
case of an Unaffiliated Trust). A Registered Separate Account will seek
voting instructions from its Variable Contract holders and will vote
its shares of an Unaffiliated Fund in accordance with the instructions
received and will vote those shares for which no instructions were
received in the same proportion as the shares for which instructions
were received. An Unregistered Separate Account will either (i) vote
its shares of the Unaffiliated Fund in the same proportion as the vote
of all other holders of the Unaffiliated Fund's shares; or (ii) seek
voting instructions from its Variable Contract holders and vote its
shares in accordance with the instructions received and vote those
shares for which no instructions were received in the same proportion
as the shares for which instructions were received.
    2. No Wells Fargo Fund-of-Funds or Fund of Funds Affiliate will
cause any existing or potential investment by the Wells Fargo Fund-of-
Funds in shares of an Unaffiliated Fund to influence the terms of any
services or transactions between the Wells Fargo Fund-of-Funds or a
Fund of Funds Affiliate and the Unaffiliated Fund or an Unaffiliated
Fund Affiliate.
    3. The Board of each Wells Fargo Fund-of-Funds, including a
majority of the Independent Trustees, will adopt procedures reasonably
designed to assure that its Adviser and any Subadviser(s) to the Wells
Fargo Fund-of-Funds are conducting the investment program of the Wells
Fargo Fund-of-Funds without taking into account any consideration
received by the Wells Fargo Fund-of-Funds or Fund of Funds Affiliate
from an Unaffiliated Fund or an Unaffiliated Fund Affiliate in
connection with any services or transactions.
    4. Once an investment by a Wells Fargo Fund-of-Funds in the
securities of an Unaffiliated Investment Company exceeds the limit of
section 12(d)(l)(A)(i) of the Act, the Board of the Unaffiliated
Investment Company, including a majority of the Independent Trustees,
will determine that any consideration paid by the Unaffiliated
Investment Company to a Wells Fargo Fund-of-Funds or a Fund of Funds
Affiliate in connection with any services or transactions: (a) IS fair
and reasonable in relation to the nature and quality of the services
and benefits received by the Unaffiliated Investment Company; (b) is
within the range of consideration that the Unaffiliated Investment
Company would be required to pay to another unaffiliated entity in
connection with the same services or transactions; and (c) does not
involve overreaching on the part of any person concerned. This
condition does not apply with respect to any services or transactions
between an Unaffiliated Investment Company and its investment
adviser(s) or any person controlling, controlled by, or under common
control with such investment adviser(s).
    5. No Wells Fargo Fund-of-Funds or Fund of Funds Affiliate (except
to the extent it is acting in its capacity as an investment adviser to
an Unaffiliated Investment Company or sponsor to an Unaffiliated Trust)
will cause an Unaffiliated Fund to purchase a security in any
Affiliated Underwriting.
    6. The Board of an Unaffiliated Investment Company, including a
majority of the Independent Trustees, will adopt procedures reasonably
designed to monitor any purchases of securities by the Unaffiliated
Investment Company in an Affiliated Underwriting once an investment by
a Wells Fargo Fund-of-Funds in the securities of the Unaffiliated
Investment Company exceeds the limit of section 12(d)(l)(A)(i) of the
Act, including any purchases made directly from an Underwriting
Affiliate. The Board of the Unaffiliated Investment Company will review
these purchases periodically, but no less frequently than annually, to
determine whether the purchases were influenced by the investment by
the Wells Fargo Fund-of-Funds in the Unaffiliated Investment Company.
The Board of the Unaffiliated Investment Company will consider, among
other things, (a) whether the purchases were consistent with the
investment objectives and policies of the Unaffiliated Investment
Company; (b) how the performance of securities purchased in an
Affiliated Underwriting compares to the performance of comparable
securities purchased during a comparable period of time in
underwritings other than Affiliated Underwritings or to a benchmark
such as a comparable market index; and (c) whether the amount of
securities purchased by the Unaffiliated Investment Company in
Affiliated Underwritings and the amount purchased directly from an
Underwriting Affiliate have changed significantly from prior years. The
Board of the Unaffiliated Investment Company will take any appropriate
actions based on its review, including, if appropriate, the institution
of procedures designed to assure that purchases of securities in
Affiliated Underwritings are in the best interests of shareholders.
    7. Each Unaffiliated Investment Company shall maintain and preserve
permanently in an easily accessible place a written copy of the
procedures described in the preceding condition, and any modifications
to such procedures, and shall maintain and preserve for a period not
less than six years from the end of the fiscal year in which any
purchase in an Affiliated Underwriting occurred, the first two years in
an easily accessible place, a written record of each purchase of
securities in an Affiliated Underwriting once an investment by a Wells
Fargo Fund-of-Funds in the securities of an Unaffiliated Investment
Company exceeds the limit of section 12(d)(l)(A)(i) of the Act, setting
forth the: (a) Party from whom the securities were acquired, (b)
identity of the underwriting syndicate's members, (c) terms of the
purchase, and (d) information or materials upon which the
determinations of the Board of the Unaffiliated Investment Company were
made.
    8. Prior to its investment in shares of an Unaffiliated Investment
Company in excess of the limit in section 12(d)(l)(A)(i) of the Act,
the Wells Fargo Fund-of-Funds and the Unaffiliated Investment Company
will execute a Participation Agreement stating, without limitation,
that their Boards and their investment advisers understand the terms
and conditions of the order and agree to fulfill their responsibilities
under the order. At the time of its investment in shares of an
Unaffiliated Investment Company in excess of the limit in section
12(d)(l)(A)(i), a Wells Fargo Fund-of-Funds will notify the
Unaffiliated Investment Company of the investment. At such time, the
Wells Fargo Fund-of-Funds will also transmit to the Unaffiliated
Investment Company a list of the names of each Fund of Funds Affiliate
and Underwriting Affiliate. The Wells Fargo Fund-of-Funds will notify
the Unaffiliated Investment Company of any changes to the list of the
names as soon as reasonably practicable after a change occurs. The
Unaffiliated Investment Company and the Wells Fargo Fund-of-Funds will
maintain and preserve a copy of the order, the Participation

Agreement, and the list with any updated information for the duration
of the investment and for a period of not less than six years
thereafter, the first two years in an easily accessible place.
    9. Before approving any advisory contract under section 15 of the
Act, the Board of each Wells Fargo Fund-of-Funds, including a majority
of the Independent Trustees, shall find that the advisory fees charged
under such advisory contract are based on services provided that are in
addition to, rather than duplicative of, services provided under the
advisory contract(s) of any Underlying Fund in which the Wells Fargo
Fund-of-Funds may invest. Such finding and the basis upon which the
finding was made will be recorded fully in the minute books of the
appropriate Wells Fargo Fund-of-Funds.
    10. The Adviser will waive fees otherwise payable to it by a Wells
Fargo Fund-of-Funds in an amount at least equal to any compensation
(including fees received pursuant to any plan adopted by an
Unaffiliated Investment Company under rule 12b-1 under the Act)
received from an Unaffiliated Fund by the Adviser, or an affiliated
person of the Adviser, other than any advisory fees paid to the Adviser
or its affiliated person by an Unaffiliated Investment Company, in
connection with the investment by the Wells Fargo Fund-of-Funds in the
Unaffiliated Fund. Any Subadviser will waive fees otherwise payable to
the Subadviser, directly or indirectly, by the Wells Fargo Fund-of-
Funds in an amount at least equal to any compensation received by the
Subadviser, or an affiliated person of the Subadviser, from an
Unaffiliated Fund, other than any advisory fees paid to the Subadviser
or its affiliated person by an Unaffiliated Investment Company, in
connection with the investment by the Wells Fargo Fund-of-Funds in the
Unaffiliated Fund made at the direction of the Subadviser. In the event
that the Subadviser waives fees, the benefit of the waiver will be
passed through to the Wells Fargo Fund-of-Funds.
    11. No Underlying Fund will acquire securities of any other
investment company or company relying on section 3(c)(l) or 3(c)(7) of
the Act in excess of the limits contained in section 12(d)(1)(A) of the
Act, except to the extent that such Underlying Fund: (a) Receives
securities of another investment company as a dividend or as a result
of a plan of reorganization of a company (other than a plan devised for
the purpose of evading section 12(d)(l) of the Act); or (b) acquires
(or is deemed to have acquired) securities of another investment
company pursuant to exemptive relief from the Commission permitting
such Underlying Fund to (i) acquire securities of one or more
investment companies for short-term cash management purposes, or (ii)
engage in interfund borrowing and lending transactions.
    12. With respect to Registered Separate Accounts that invest in a
Wells Fargo Fund-of-Funds, no sales load will be charged at the Wells
Fargo Fund-of-Funds level or at the Underlying Fund level. Other sales
charges and service fees, as defined in NASD Conduct Rule 2830, if any,
will only be charged at the Wells Fargo Fund-of-Funds level or at the
Underlying Fund level, not both. With respect to other investments in a
Wells Fargo Fund-of-Funds, any sales charges and/or service fees
charged with respect to shares of a Wells Fargo Fund-of-Funds will not
exceed the limits applicable to funds of funds set forth in NASD
Conduct Rule 2830.

Other Investments by Same Group Funds of Funds

    Applicants agree that the relief to permit Same Group Funds of
Funds to invest in Other Investments shall be subject to the following
condition:
    13. Applicants will comply with all provisions of rule 12d1-2 under
the Act, except for paragraph (a)(2), to the extent that it restricts
any Same Group Fund of Funds from investing in Other Investments as
described in the application.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-22917 Filed 9-17-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Notices]
[Page 28318-28319]
[DOCID:fr15jn09-150]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60061; File No. SR-FINRA-2009-011]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Approving a Proposed Rule Change as Modified by
Amendment No. 1 Thereto To Amend the Panel Composition Rules of the
Code of Arbitration Procedure for Industry Disputes

June 5, 2009.
    On March 4, 2009, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'' or ``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend the panel composition
rules of the Code of Arbitration Procedure for Industry Disputes
(``Industry Code''). On April 7, 2009, FINRA filed Amendment No. 1 to
the proposed rule change. The proposed rule change, as modified by
Amendment No. 1, was published for comment in the Federal Register on
May 4, 2009.\3\ The Commission received no comments on the proposed
rule change. This order approves the proposed rule change, as modified
by Amendment No. 1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Exchange Act Release No. 59836 (April 28, 2009); 74 FR
20519 (May 4, 2009).
---------------------------------------------------------------------------

I. Description of the Proposal

    FINRA proposed to amend the Industry Code to change the criteria
for determining the panel composition when the claim involves an
associated person in industry disputes.
    Currently, Rule 13402(a) of the Industry Code requires an all non-
public panel for disputes between members, and for employment disputes
between or among members and associated persons that relate exclusively
to employment contracts, promissory notes, or receipt of
commissions.\4\ In all other disputes between or among members and
associated persons, Rule 13402(b) requires a majority public panel,
where one arbitrator would be a non-public arbitrator and two would be
public arbitrators.\5\
---------------------------------------------------------------------------

    \4\ If the panel consists of one arbitrator, the arbitrator will
be a non-public arbitrator selected from the non-public chairperson
roster described in Rule 13400(c). See Rule 13402(a).
    \5\ If the panel consists of one arbitrator, the arbitrator will
be a public arbitrator selected from the chairperson roster
described in Rule 12400(c) of the Code of Arbitration Procedure for
Customer Disputes (``Customer Code''). See Rule 13402(b).
---------------------------------------------------------------------------

    FINRA proposed to amend the Industry Code to change the criteria
for determining panel composition when the claim involves an associated
person in industry disputes.\6\ Specifically, FINRA proposed to amend
Rule 13402 and related rules of the Industry Code to:
---------------------------------------------------------------------------

    \6\ The proposed changes discussed in this order will not apply
to claims filed under the Customer Code.
---------------------------------------------------------------------------

     Require that the parties receive a majority public panel
for all industry disputes involving associated persons (excluding
disputes involving statutory employment discrimination claims which
require a specialized all public panel); \7\
---------------------------------------------------------------------------

    \7\ The proposal would not apply to disputes involving a claim
of statutory employment discrimination. See Rule 13802.
---------------------------------------------------------------------------

     Clarify that in disputes involving only members, parties
will receive an all non-public panel; and
     Provide that if a party amends its pleadings to add an
associated person to a previously all member case, parties will receive
a majority public panel.

Thus, cases involving only members would have an all non-public panel;
cases involving a member and an associated person (excluding cases
involving a claim for statutory discrimination) would have a majority
public panel; and cases involving an associated person with a statutory
discrimination claim would have a specialized all public panel.\8\
Moreover, if a member amends its pleadings to add an associated person,
the case would receive a majority public panel, and the rules that
apply to cases between associated persons and members would govern list
selection and the administration of the arbitration proceeding.
---------------------------------------------------------------------------

    \8\ See Rule 13802(c) (panel composition rule for statutory
employment discrimination claims).
---------------------------------------------------------------------------

Employment Disputes Involving Associated Persons

    Currently, in employment disputes between or among members and
associated persons, FINRA requires that the panel consist of all non-
public arbitrators in cases that arise out of the employment or
termination of employment of an associated person, and that relate
exclusively to (1) employment contracts, (2) promissory notes, or (3)
receipt of commissions. However, if a party adds a claim that does not
meet these criteria, the parties receive a majority public panel.
    FINRA proposed to amend Rule 13402 of the Industry Code to clarify
that for all employment disputes between or among members and
associated persons (except for statutory employment discrimination
cases), the parties must select a majority public panel.\9\ Rule
13402(a) would be amended to delete the title of the rule, which
contains the exceptions to the majority public panel requirement, and
replace it with a concise description, which clarifies that Rule
13402(a) would apply to disputes involving only members. Rule 13402(b)
would be amended to modify the title of the rule to clarify that for
all industry disputes involving associated persons (excluding disputes
involving statutory employment discrimination claims), the parties
would receive a majority public panel. FINRA also proposed to make
similar title changes to Rules 13403(a) and 13403(b), which govern
generating and sending lists to parties, and to Rules 13406(a) and
13406(b), which govern appointment of arbitrators and discretion to
appoint arbitrators not on the list.
---------------------------------------------------------------------------

    \9\ The proposed change would be consistent with the rules and
procedures of the former New York Stock Exchange (``NYSE'')
arbitration forum. In the NYSE arbitration forum, cases involving
associated persons received a majority public panel because the
rules classified associated persons as non-members, and non-members
received a majority public panel. See NYSE Rule 607(a)(1).

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

Employment Disputes Involving Only Members

    FINRA proposed to amend Rule 13402(a) to clarify that, in disputes
involving only members, the parties will receive an all non-public
panel. FINRA noted that the proposed amendment to Rule 13402(a) is
consistent with the current rule and its intent, which is that disputes
involving only members should receive an all non-public panel.

Amendments to Pleadings That Add an Associated Person

    FINRA proposed to add a provision to Rule 13402(a) to address
amended pleadings that add an associated person as a party. Under the
proposed rule change, if a member in a dispute involving only members
amends a pleading to add a party who is an associated person, the
parties will receive a majority public panel. If lists of potential
arbitrators have not been sent to parties, the Neutral List Selection
System (NLSS) would generate three lists as outlined in Rule
13403(b)(2) of the Industry Code. Specifically, FINRA would send a
public chairperson list, a public arbitrator list, and a non-public
arbitrator list. If the panel consists of one arbitrator,\10\ NLSS
would generate a public chairperson list, and FINRA would send this
list only to the parties.\11\
---------------------------------------------------------------------------

    \10\ In a dispute between members, if the panel consists of one
arbitrator, the arbitrator will be selected from FINRA's non-public
chairperson arbitrator roster. See Rule 13402(a).
    \11\ See Rule 13403(b)(1). FINRA has raised the amount in
controversy that will be heard by a single chair-qualified
arbitrator to $100,000. The rule became effective on March 30, 2009.
See Exchange Act Release No. 59340 (February 2, 2009), 74 FR 6335
(February 6, 2009) (File No. SR-FINRA-2008-047); see also Regulatory
Notice 09-13.
---------------------------------------------------------------------------

    If the lists have been sent to parties but are not yet due, FINRA
would send two new lists to the parties: A public chairperson list and
a public arbitrator list as outlined in Rule 13403(b)(2).\12\ The
parties would keep the non-public chairperson list provided to them as
described in Rule 13403(a), and would select the non-public arbitrator
from this list. The arbitrator selected from the public chairperson
list would be the chairperson of the panel. If the panel consists of
one arbitrator, FINRA would send only a new public chairperson list to
the parties.\13\
---------------------------------------------------------------------------

    \12\ Pursuant to Rule 13407(a), FINRA will send the list of non-
public arbitrators to the new party, with employment history for the
past 10 years and other background information for each arbitrator
listed. The newly added party may rank and strike arbitrators in
accordance with Rule 13404.
    \13\ See note 8 supra.
---------------------------------------------------------------------------

    If the ranked lists are due, then the parties may not amend a
pleading to add a new party until a panel has been selected and the
panel grants a motion to add the party.\14\ If the panel grants the
motion to add an associated person, FINRA will retain the non-public
chairperson from the panel, and remove the remaining non-public
arbitrators.\15\ The parties would select two public arbitrators from
new lists that FINRA would send to them in the same manner as if the
ranked lists are not yet due. The arbitrator selected from the public
chairperson list would be the chairperson of the panel. If the panel
consists of one arbitrator and the arbitrator grants a motion to add an
associated person, the arbitrator would be replaced with a public
chair-qualified arbitrator that the parties select from a new public
chairperson list that NLSS would generate.\16\
---------------------------------------------------------------------------

    \14\ See Rule 13309(c) of the Industry Code.
    \15\ Pursuant to Rule 13407(b), the newly added party may not
strike the non-public arbitrator but may challenge the arbitrator
for cause in accordance with Rule 13410.
    \16\ See note 8 supra.
---------------------------------------------------------------------------

II. Discussion

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
association.\17\ In particular, the Commission finds that the proposed
rule change is consistent with Section 15A(b)(6) of the Act,\18\ in
that it is designed, among other things, to prevent fraudulent and
manipulative acts and practices; to promote just and equitable
principles of trade; to remove impediments to and perfect the mechanism
of a free and open market and a national market system; and, in
general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \17\ In approving the proposed rule change, the Commission has
considered the rule change's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    The Commission believes that the proposed rule change will protect
the public interest by simplifying the criteria for panel composition
in industry disputes, establishing an objective standard for
determining panel composition, and ensuring that panel composition is
determined by the types of parties involved, and not by the types of
claims filed.

III. Conclusion

    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act and the rules and regulations
thereunder applicable to a national securities association.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-FINRA-2009-011), as modified
by Amendment No. 1, be and hereby is approved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).
    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority. \20\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13967 Filed 6-12-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Notices]
[Page 1371]
[FR Doc No: 2020-00229]

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

Federal Aviation Administration

[Docket No. FAA-2019-0895]

Agency Information Collection Activities: Requests for Comments;
Clearance of New Approval of Information Collection: Employee Assault
Prevention and Response Plan

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval for a new information collection.
The Federal Register Notice with a 60-day comment period soliciting
comments on the following collection of information was published on
November 1, 2019 (84 FR 58818). The collection involves submission of
Employee Assault Prevention and Response Plans (EAPRP) for customer
service agents of certificate holders conducting operations under Title
14 of the Code of Federal Regulations (CFR) part 121. The certificate
holders will submit the information to be collected to the FAA for
review and acceptance as required by Section 551 of Public Law 115-254,
the FAA Reauthorization Act of 2018.

DATES: Written comments should be submitted by February 10, 2020.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Daniel T. Ronneberg by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-XXXX.
    Title: Employee Assault Prevention and Response Plan.
    Form Numbers: There are no forms associated with this collection.
    Type of Review: Clearance of a new information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on November 1, 2019 (84 FR 58818). On October 5, 2018,
Congress enacted Public Law 115-254, the FAA Reauthorization Act of
2018 (``the Act''). Section 551 of the Act required air carriers
operating under 14 CFR part 121 to submit to the FAA for review and
acceptance an Employee Assault Prevention and Response Plan (EAPRP)
related to the customer service agents of the air carrier that is
developed in consultation with the labor union representing such
agents. Section 551(b) of the Act contains the required contents of the
EAPRP, including reporting protocols for air carrier customer service
agents who have been the victim of a verbal or physical assault.
    Respondents: 70 Part 121 Air Carriers.
    Frequency: Once for submission of the plan.
    Estimated Average Burden per Response: 20 hours for air carriers
submitting the plan for review and acceptance.
    Estimated Total Annual Burden: 20 hours per air carriers submitting
the plan for review and acceptance.

    Issued in Washington, DC, on January 7, 2020.
Sandra L. Ray,
Aviation Safety Inspector, FAA, Policy Integration Branch, AFS-270.
[FR Doc. 2020-00229 Filed 1-9-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84566-84567]
[FR Doc No: 2016-28160]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application

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

------------------------------------------------------------------------
Chesapeake Appalachia, LLC..............  Docket No. CP17-13-000
Columbia Natural Resources, LLC.........
Core Appalachia Midstream, LLC..........
------------------------------------------------------------------------

    Take notice that on November 9, 2016, Chesapeake Appalachia, LLC
(Chesapeake), Columbia Natural Resources, LLC (CNR), (collectively CNR/
Chesapeake), 6100 N. Western Avenue, Oklahoma City, OK 73118, filed an
application for authority under section 7(b) of the Natural Gas Act
(NGA) and Part 157 of the Commission's regulations to abandon by sale a
Limited Jurisdiction Certificate granted in Docket No. CP04-101-000.
    The Commission has previously determined that CNR/Chesapeake is not
a natural gas company, as defined in Section 2(6) of the NGA. CNR/
Chesapeake states that it entered into a Purchase and Sale Agreement on
September 19, 2016, in which CNR/Chesapeake agreed to sell to TCFII
Core LLC (Core) the non-jurisdictional Devonian Gas Gathering System
located in Kanawha, Lincoln, Logan, Mingo, Raleigh, Roane, Wayne, and
Wyoming Counties in West Virginia, and Floyd, Knott, Letcher, Magoffin,
Martin, and Pike Counties in Kentucky. CNR/Chesapeake required the
Limited Jurisdiction Certificate to provide limited service to
Mountaineer Gas Company d/b/a Allegheny Power (Mountaineer).
    Pursuant to Section 7(c) of the NGA and Part 157 of the
Commission's regulations Core Appalachia Midstream, LLC (Core
Midstream) 200 Crescent Court, Suite 1040, Dallas, Texas 75201, a
wholly-owned subsidiary of Core, requests a Limited Jurisdiction
Certificate authorizing continuation of the service authorized in the
Certificate for which CNR/Chesapeake requests abandonment
authorization. Core Midstream states that the Limited Jurisdiction
Certificate would enable it to transport gas on the Devonian Gas
Gathering System to provide service to

Mountaineer, thus there will be no gap in service.
    Core Midstream states that it will continue to provide firm service
to Mountaineer pursuant to the rate schedule already on file with the
Commission, all as more fully set forth in the application which is on
file with the Commission and open to public inspection. The filing is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site web 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 at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    Any questions for CNR/Chesapeake regarding this application may be
directed to Katherine B. Edwards, Edwards & Floom, LLP, 1409 King
Street, Alexandria, VA 22314, by telephone at<PHONE_NUMBER>, by
facsimile at<PHONE_NUMBER>, or by email to<EMAIL_ADDRESS>    Any questions for Core Midstream regarding this application may be
directed to William F. Demarest, Jr., Hush Blackwell, LP, 750 17th St
NW., Suite 900, Washington, DC 20002, by telephone at<PHONE_NUMBER>,
or by email to<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit five copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and five copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on December 7, 2016.

    Dated: November 16, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-28160 Filed 11-22-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 73 (Wednesday, April 15, 2020)]
[Proposed Rules]
[Pages 20910-20914]
[FR Doc No: 2020-07806]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0053; FRL-10006-54]

Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities (February 2020)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petition and request for comment.

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

SUMMARY: This document announces the Agency's receipt of an initial
filing of a pesticide petition requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before May 15, 2020.

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

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division
(7505P), main telephone number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>or Robert McNally, Biopesticides and Pollution
Prevention Division (7511P), main telephone number:<PHONE_NUMBER>,
email address<EMAIL_ADDRESS>The mailing address for each
contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each pesticide petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the agency taking?

    EPA is announcing receipt of a pesticide petition filed under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR [part 174 and/or part 180] for residues of
pesticide chemicals in or on various food commodities. The Agency is
taking public comment on the request before responding to the
petitioner. EPA is not proposing any particular action at this time.
EPA has determined that the pesticide petition described in this
document contains data or information prescribed in FFDCA section
408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated
the sufficiency of the submitted data at this time or whether the data
supports granting of the pesticide petition. After considering the
public comments, EPA intends to evaluate whether and what action may be
warranted. Additional data may be needed before EPA can make a final
determination on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this document, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

Amended Tolerances for Non-Inerts

    1. PP 9E8790. (EPA-HQ-OPP-2019-0651). Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201W, Princeton, NJ 08540 requests to
amend 40 CFR 180.418 by removing the established tolerances for
residues of zeta-cypermethrin (S-cyano(3-phenoxyphenyl) methyl ())(cis-trans 3-(2,2-dichloroethenyl)-2,2
dimethylcyclopropanecarboxylate), including its metabolites and
degradates, measuring only total cypermethrin, cyano(3-
phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane
carboxylate, in or on the following raw agricultural commodities: Berry
group 13 at 0.8 parts per million (ppm); Borage, seed at 0.2

ppm; Brassica, head and stem, subgroup 5A at 2.00 ppm; Brassica, leafy
greens, subgroup 5B at 14.00 ppm; Cabbage at 2.00 ppm; Castor oil
plant, seed at 0.2 ppm; Chinese tallowtree, seed at 0.2 ppm; Cilantro,
leaves at 10 ppm; Cotton, undelinted seed at 0.5 ppm; Crambe, seed at
0.2 ppm; Cuphea, seed at 0.2 ppm; Echium, seed at 0.2 ppm; Euphorbia,
seed at 0.2 ppm; Evening primrose, seed at 0.2 ppm; Flax, seed at 0.2
ppm; Fruit, citrus, group 10 at 0.35 ppm; Fruit, pome, group 11 at 2
ppm; Fruit, stone, group 12 at 1 ppm; Gold of pleasure, seed at 0.2
ppm; Grape at 2 ppm; Hare's-ear mustard, seed at 0.2 ppm; Jojoba, seed
at 0.2 ppm; Lesquerella, seed at 0.2 ppm; Lunaria, seed at 0.2 ppm;
Meadowfoam, seed at 0.2 ppm; Milkweed, seed at 0.2 ppm; Mustard, seed
at 0.2 ppm; Niger, seed at 0.2 ppm; Nut, tree, group 14 at 0.05 ppm;
Oil radish, seed at 0.2 ppm; Okra at 0.2 ppm; Onion, bulb at 0.10 ppm;
Onion, green at 3.00 ppm; Pea and bean, dried shelled, except soybean
subgroup 6C at 0.05 ppm; Pea and bean, succulent shelled, subgroup 6B
at 0.1 ppm; Pecan at 0.05 ppm; Pistachio at 0.05 ppm; Poppy, seed at
0.2 ppm; Rapeseed at 0.2 ppm; Rose hip, seed at 0.2 ppm; Safflower,
seed at 0.2 ppm; Sesame, seed at 0.2 ppm; Stokes aster, seed at 0.2
ppm; Sunflower, seed at 0.2 ppm; Sweet rocket, seed at 0.2 ppm;
Tallowwood, seed at 0.2 ppm; Tea oil plant, seed at 0.2 ppm; Turnip,
greens at 14 ppm; Vegetable, fruiting, group 8 at 0.2 ppm; Vegetable,
leafy, except brassica, group 4 at 10.00 ppm; Vegetable, legume, edible
podded, subgroup 6A at 0.5 ppm; Vernonia, seed at 0.2 ppm. Contact: RD.
    2. PP 9E8812. (EPA-HQ-OPP-2020-0054). Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201W, Princeton, NJ 08540 requests to
amend 40 CFR 180.242 by removing the established tolerances for
residues of thiabendazole (2-(4-thiazolyl)benzimidazole), including its
metabolites and degradates, in or on the following raw agricultural
commodities: Potato, postharvest at 10.0 parts per million (ppm); Sweet
potato (postharvest to sweet potato intended only for use as seed) at
0.05 ppm; Alfalfa, forage at 0.02 ppm; Alfalfa, hay at 0.02 ppm;
Radish, tops at 0.02 ppm; Brassica, head and stem, subgroup 5A at 0.02
ppm; Fruit, citrus, group 10, postharvest at 10.0 ppm; Fruit, pome,
group 11, postharvest at 5.0 ppm; Vegetable, root (except sugarbeet),
subgroup 1B at 0.02 ppm; Carrot, roots, postharvest at 10.0 ppm; and in
paragraph (b) Sweet potato at 10 ppm. Contact: RD.
    3. PP 9F8810. (EPA-HQ-OPP-2020-0064). Syngenta Crop Protection, LLC
410 Swing Road, Greensboro, NC 27409, requests to amend the tolerance
in 40 CFR 180.505 for residues of the insecticide, emamectin benzoate,
4'-epi-methylamino- 4'-deoxyavermectin B1 benzoate (a mixture of a
minimum of 90% 4'-epi-methylamino-4'- deoxyavermectin B1a and a maximum
of 10% 4'-epi-methlyamino-4'deoxyavermectin B1b benzoate), and its
metabolites 8,9 isomer of the B1a and B1b component of the parent
insecticide in or on the raw agricultural commodity tea leaves at 0.2
parts per million (ppm). HPLC/FLD Method 244-92-3 is used to measure
and evaluate the chemical parent compound and its delta 8,9-
photoisomer. Contact: RD.

New Tolerance Exemptions for Inerts (Except PIPs)

    PP IN-11305. (EPA-HQ-OPP-2019-0570). Stepan Company, c/o Spring
Trading Company, 203 Dogwood Trail, Magnolia, TX 77354, requests to
establish an exemption from the requirement of a tolerance for residues
of N,N-dimethyl-9-dodecenamaide (CAS Reg. No. 1374570-57-6), when used
as an inert ingredient in pesticide formulations under 40 CFR 180.910.
The petitioner believes no analytical method is needed because it is
not required for an exemption from the requirement of a tolerance.
Contact: RD.

New Tolerance Exemptions for PIPs

    PP 9F8785. (EPA-HQ-OPP-2019-0627). Pioneer Hi-Bred International,
Inc. (Pioneer), 7100 NW 62nd Avenue, P.O. Box 1000, Johnston, Iowa,
50131, requests to establish an exemption from the requirement of a
tolerance in 40 CFR part 174 for residues of the plant-incorporated
protectant (PIP) Pseudomonas chlororaphis IPD072Aa protein in or on
maize. The petitioner believes no analytical method is needed because
an exemption from the requirement of a tolerance without numerical
limitation is requested for IPD072Aa protein as expressed in maize,
this section of the petition is not applicable. Contact: BPPD.

New Tolerances for Non-Inerts

    1. PP 9E8790. (EPA-HQ-OPP-2019-0651). Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201W, Princeton, NJ 08540 requesting,
pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.418 by
establishing tolerances for residues of zeta-cypermethrin (S-cyano(3-
phenoxyphenyl) methyl ())(cis-trans 3-(2,2-
dichloroethenyl)-2,2 dimethylcyclopropanecarboxylate), including its
metabolites and degradates, measuring only total cypermethrin, cyano(3-
phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane
carboxylate, in or on the following raw agricultural commodities Basil,
fresh leaves at 7 parts per million (ppm); Basil, dried leaves at 40
ppm, Onion, bulb, subgroup 3-07A at 0.1 ppm; Onion, green, subgroup 3-
07B at 3 ppm; Leafy greens subgroup 4-16A at 10 ppm; Leaf petiole
vegetable subgroup 22B at 10 ppm; Brassica, leafy greens, subgroup 4-
16B at 14 ppm; Vegetable, brassica, head and stem, group 5-16 at 2 ppm;
Vegetable, fruiting, group 8-10 at 0.2 ppm; Fruit, citrus, group 10-10
at 0.35 ppm; Fruit, pome, group 11-10 at 2 ppm; Fruit, stone, group 12-
12 at 2 ppm; Caneberry subgroup 13-07A at 0.8 ppm; Bushberry subgroup
13-07B at 0.8 ppm; Fruit, small, vine climbing, except fuzzy kiwifruit,
subgroup 13-07F at 2 ppm; Nut, tree, group 14-12 at 0.05 ppm; Rapeseed
subgroup 20A at 0.2 ppm; Sunflower subgroup 20B at 0.2 ppm; Cottonseed
subgroup 20C at 0.5 ppm; Kohlrabi at 2 ppm; Celtuce at 10 ppm; Fennel,
Florence, fresh leaves and stalk at 10 ppm; Quinoa, grain at 3 ppm;
Quinoa, hay at 6 ppm; Quinoa, straw at 20 ppm; Teff, forage at 3 ppm;
Teff, grain at 0.2 ppm; Teff, hay at 6 ppm; Teff, straw at 7 ppm;
individual crops of proposed Crop Subgroup 6-18A: Edible podded bean
legume vegetable subgroup at 0.7 ppm including French bean, edible
podded; Garden bean, edible podded; Green bean, edible podded; Scarlet
runner bean, edible podded; Snap bean, edible podded; Kidney bean,
edible podded; Navy bean, edible podded; Wax bean, edible podded;
Asparagus bean, edible podded; Catjang bean, edible podded; Chinese
longbean, edible podded; Cowpea, edible podded; Moth bean, edible
podded; Mung bean, edible podded; Rice bean, edible podded; Urd bean,
edible podded; Yardlong bean, edible podded; Goa bean, edible podded;
Guar bean, edible podded; Jackbean, edible podded; Lablab bean, edible
podded; Vegetable soybean, edible podded; Sword bean, edible podded;
Winged pea, edible podded; Velvet bean, edible podded; individual crops
of proposed Crop Subgroup 6-18B: Edible podded pea legume vegetable
subgroup at 0.7 ppm including Dwarf pea, edible podded; Edible podded
pea, edible podded; Green pea, edible podded; Snap pea,

edible podded; Snow pea, edible podded; Sugar snap pea, edible podded;
Grass-pea, edible podded; Lentil, edible podded; Pigeon pea, edible
podded; Chickpea, edible podded; individual crops of proposed crop
subgroup 6-18C: Succulent shelled bean subgroup at 0.7 ppm including
Lima bean, succulent shelled; Scarlet runner bean, succulent shelled;
Wax bean, succulent shelled; Blackeyed pea, succulent shelled; Moth
bean, succulent shelled; Catjang bean, succulent shelled; Cowpea,
succulent shelled; Crowder pea, succulent shelled; Southern pea,
succulent shelled; Andean lupin, succulent shelled; Blue lupin,
succulent shelled; Grain lupin, succulent shelled; Sweet lupin,
succulent shelled; White lupin, succulent shelled; White sweet lupin,
succulent shelled; Yellow lupin, succulent shelled; Broad bean,
succulent shelled; Jackbean, succulent shelled; Goa bean, succulent
shelled; Lablab bean, succulent shelled; Vegetable soybean, succulent
shelled; Velvet bean, succulent shelled; individual crops of proposed
Crop Subgroup 6-18D: Succulent shelled pea subgroup at 0.7 ppm
including Chickpea, succulent shelled; English pea, succulent shelled;
Garden pea, succulent shelled; Green pea, succulent shelled; Pigeon
pea, succulent shelled; Lentil, succulent shelled; individual crops of
proposed Crop Subgroup 6-18E: Dried shelled bean, except soybean
subgroup at 0.05 ppm including African yam-bean, dry seed; American
potato bean, dry seed; Andean lupin bean, dry seed; Blue lupin bean,
dry seed; Grain lupin bean, dry seed; Sweet lupin bean, dry seed; White
lupin bean, dry seed; White sweet lupin bean, dry seed; Yellow lupin
bean, dry seed; Black bean, dry seed; Cranberry bean, dry seed; Dry
bean, dry seed; Field bean, dry seed; French bean, dry seed; Garden
bean, dry seed; Great northern bean, dry seed; Green bean, dry seed;
Kidney bean, dry seed; Lima bean, dry seed; Navy bean, dry seed; Pink
bean, dry seed; Pinto bean, dry seed; Red bean, dry seed; Scarlet
runner bean, dry seed; Tepary bean, dry seed; Yellow bean, dry seed;
Adzuki bean, dry seed; Blackeyed pea, dry seed; Asparagus bean, dry
seed; Catjang bean, dry seed; Chinese longbean, dry seed; Cowpea, dry
seed; Crowder pea, dry seed; Mung bean, dry seed; Moth bean, dry seed;
Rice bean, dry seed; Southern pea, dry seed; Urd bean, dry seed;
Yardlong bean, dry seed; Broad bean, dry seed; Guar bean, dry seed; Goa
bean, dry seed; Horse gram, dry seed; Jackbean, dry seed; Lablab bean,
dry seed; Morama bean, dry seed; Sword bean, dry seed; Winged pea, dry
seed; Velvet bean, seed, dry seed; Vegetable soybean, dry seed;
individual crops of proposed Crop Subgroup 6-18F: Dried shelled pea
subgroup at 0.05 ppm including Field pea, dry seed; Dry pea, dry seed;
Green pea, dry seed; Garden pea, dry seed; Chickpea, dry seed; Lentil,
dry seed; Grass-pea, dry seed; Pigeon pea, dry seed. There is a
practical analytical method for detecting and measuring levels of zeta-
cypermethrin in or on food with a limit of detection that allows
monitoring of food with residues at or above the levels set in these
tolerances (Gas Chromatography with Electron Capture Detection (GC/
ECD). Contact: RD.
    2. PP 9E8794. (EPA-HQ-OPP-2019-0641). Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201W, Princeton, NJ 08540 requesting,
pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.431 by
establishing the tolerances for residues of the herbicide clopyralid
(3,6-dichloro-2-pyridinecarboxylic acid in or on the raw agricultural
commodities Onion, bulb, subgroup 3-07A at 0.4 parts per million (ppm);
Caneberry subgroup 13-07A at 0.1 ppm; Wheatgrass, intermediate, bran at
12 ppm; Wheatgrass, intermediate, forage at 9 ppm; Wheatgrass,
intermediate, germ at 12 ppm; Wheatgrass, intermediate, grain at 3 ppm;
Wheatgrass, intermediate, middling at 12 ppm; Wheatgrass, intermediate,
shorts at 12 ppm; Wheatgrass, intermediate, straw at 9 ppm. EPA has
determined adequate analytical methods are available for enforcement
purposes for clopyralid in plant and animal matrices. Contact: RD.
    3. PP 9E8797. (EPA-HQ-OPP-2019-0639). Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201W, Princeton, NJ 08540 requesting,
pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.339 by
establishing tolerances for residues of the herbicide MCPA ((4-chloro-
2-methylphenoxy)acetic acid), both free and conjugated, resulting from
the direct application of MCPA or its sodium or dimethylamine salts, or
its 2-ethylhexyl ester in or on the following agricultural commodities:
Wheatgrass, intermediate, forage at 20 parts per million (ppm);
Wheatgrass, intermediate, grain at 1 ppm; Wheatgrass, intermediate, hay
at 115 ppm; Wheatgrass, intermediate, straw at 25 ppm; and an import
tolerance for Tea, plucked leaves at 0.3 ppm. For enforcement of
tolerances for residues of MCPA, an enforcement analytical method
designated as PAM Vol. II have been submitted and are deemed adequate
for the enforcement of MCPA on plants and livestock commodities.
Contact: RD.
    4. PP 9E8806. (EPA-HQ-OPP-2020-0066). Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201W, Princeton, NJ 08540 requesting,
pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 by establishing
tolerances for residues of benzovindiflupyr (N-[9-(dichloromethylene)-
1,2,3,4-tetrahydro-1,4-methanonaphthalen-5-yl]-3-(difluoromethyl)-1-
methyl-1H-pyrazole-4-carboxamide) in or on the raw agricultural
commodities Blueberry, lowbush at 2 parts per million (ppm) and Ginseng
at 0.3 ppm. Method GRM042.03A and GRM042.04A for plant products have
been developed to determine parent SYN545192 and its metabolite
SYN546039 (and conjugates) with a limit of quantification (LOQ) of 0.01
mg/kg for both analytes. Contact: RD.
    5. PP 9E8812. (EPA-HQ-OPP-2020-0054). Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201W, Princeton, NJ 08540 requesting,
pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.242 by
establishing tolerances for residues of thiabendazole (2-(4-
thiazolyl)benzimidazole), including its metabolites and degradates, in
or on the following raw agricultural commodities: Vegetable, tuberous
and corm, subgroup 1C, except sweet potato at 10 parts per million
(ppm), Sweet potato, tuber at 2 ppm; Brassica, leafy greens, subgroup
4-16B at 0.01 ppm; Animal feed, nongrass, group 18 at 0.01 ppm;
Vegetable, Brassica, head and stem, group 5-16 at 0.01 ppm; Fruit,
citrus, group 10-10 at 10 ppm, Fruit, pome, group 11-10 at 5 ppm,
Vegetable, root, except sugar beet, subgroup 1B, except carrot at 0.01
ppm and Carrot, roots at 10 ppm. The Pesticide Analytical Manual (PAM)
Vol. II lists four spectrophotofluorometric methods (Methods I, A, B
and C) for determining residues of thiabendazole per se in or on plant
commodities, and one spectrophotofluorometric method (Method D) for
determining residues of thiabendazole and 5-hydroxythiabendazole in
milk. Contact: RD.

    6. PP 8F8725. (EPA-HQ-OPP-2020-0045). Bayer CropScience, 800 N.
Lindbergh Blvd. St. Louis, MO 63167, requests to establish a tolerance
in 40 CFR part 180 for residues of the herbicide indaziflam in or on
crop group 17 (Grass Forage, Fodder, and Hay Group) grass forage at 30
parts per million (ppm) and grass hay at 10 ppm; in sugarcane, cane at
0.01 ppm; and for animal fat, meat, meat by-products, milk, and milk
fat at: 0.07, 0.01, 0.2, 0.01, and 0.25 ppm respectively. The high
pressure liquid chromatography/triple stage quadrupole mass
spectrometry (LC/MS/MS) method is used to measure and evaluate the
chemical indaziflam. Contact: RD.
    7. PP 9F8795. (EPA-HQ-OPP-2020-0065). E.I. du Pont de Nemours &
Company (``DuPont''), Chestnut Run Plaza, 974 Centre Road, Wilmington,
DE 19805, requests to establish a tolerance in 40 CFR part 180 for
residues of the nematicide, fluazaindolizine in or on Carrots at 15
ppm; Cucurbit Vegetables (Crop Group 9) at 3 ppm; Fruiting Vegetables
(Crop Group 8-10) at 3 parts per million (ppm); Sun dried tomatoes at
30 ppm; Tomato paste at 15 ppm; Tomato puree at 6 ppm; Tomato wet
pomace at 6 ppm; Tuberous and Corm Vegetables (Crop Subgroup 1C) at 9
ppm; Dried potato at 30 ppm; Potato process waste at 40 ppm; and
establishing tolerances for residues of fluazaindolizine plus its
metabolites IN-QEKPEQ and IN-F4106PEQ, in the
animal commodities: Cattle, whole milk at 0.5 ppm; Cattle, fat at 0.09
ppm; Cattle, muscle at 0.02 ppm; Cattle, liver at 0.2 ppm; Cattle,
kidney at 0.5 ppm; Goat, whole milk at 0.5 ppm; Goat, fat at 0.09 ppm;
Goat, muscle at 0.02 ppm; Goat, liver at 0.2 ppm; Goat, kidney at 0.5
ppm; Hog, whole milk at 0.5 ppm; Hog, fat at 0.09 ppm; Hog, muscle at
0.02 ppm; Hog, liver at 0.2 ppm; Hog, kidney at 0.5 ppm; Horse, whole
milk at 0.5 ppm; Horse, fat at 0.09 ppm; Horse, muscle at 0.02 ppm;
Horse, liver at 0.2 ppm; Horse, kidney at 0.5 ppm; Sheep, whole milk at
0.5 ppm; Sheep, fat at 0.09 ppm; Sheep, muscle at 0.02 ppm; Sheep,
liver at 0.2 ppm; Sheep, kidney at 0.5 ppm. In addition, DuPont is
proposing pursuant to section 408(d) of the Federal Food, Drug and
cosmetic Act, 21 U.S.C. 346a(d), to amend 40 CFR part 180 to establish
indirect or inadvertent tolerances for residues of fluazaindolizine,
including its metabolites and their conjugates, expressed as the
stoichiometric equivalent of fluazaindolizine, in or on the following
commodities: Brassica Head and Stem Vegetables (Crop Group 5-16) at 0.5
ppm; Bulb Vegetables (Crop Group 3-07) at 3 ppm; Cereal Grains (Crop
Group 15) at 3 ppm; Corn milled by-products at 6 ppm; Foliage of Legume
Vegetables (Crop Group 7), Vines at 8 ppm; Foliage of Legume Vegetables
(Crop Group 7), Forage and Straw at 5 ppm; Foliage of Legume Vegetables
(Crop Group 7), Hay at 40 ppm; Forage, Fodder and Straw of Cereal
Grains (Crop Group 16), Fodder at 4 ppm; Forage, Fodder and Straw of
Cereal Grains (Crop Group 16), Forage at 8 ppm; Forage, Fodder and
Straw of Cereal Grains (Crop Group 16), Hay at 15 ppm; Forage, Fodder
and Straw of Cereal Grains (Crop Group 16), Straw at 10 ppm; Fruiting
Vegetables (Crop Group 8-10) at 1 ppm; Grain, Aspirated Fractions at
0.5 ppm; Grass, Forage, Fodder and Hay (Crop Group 17), Forage at 8
ppm; Grass, Forage, Fodder and Hay (Crop Group 17), Hay at 15 ppm;
Leafy Vegetables (Crop Group 4-16) at 9 ppm; Leaves of Root and Tuber
(Crop Group 2) at 15 ppm; Legume Vegetables (Crop Group 6), Mature Seed
at 9 ppm; Legume Vegetables (Crop Group 6), Immature Seed and Pod at 3
ppm; Low Growing Berry (Crop Subgroup 13-07G) at 0.6 ppm; Nongrass
animal Feeds (Forage, Fodder, Straw and Hay) (Crop Group 18), Fodder at
5 ppm; Nongrass Animal Feeds (Forage, Fodder, Straw and Hay) (Crop
Group 18), Forage at 8 ppm; Nongrass Animal Feeds (Forage, Fodder,
Straw and Hay) (Crop Group 18), Hay at 15 ppm; Nongrass Animal Feeds
(Forage, Fodder, Straw and Hay) (Crop Group 18), Straw at 10 ppm;
Oilseed (Crop Group 20) at 9 ppm; Oilseed (Crop Group 20), Forage and
Straw at 5 ppm; Root Vegetables (Crop Subgroup 1A) at 7 ppm; Root
Vegetables Except Sugar Beet (Crop Subgroup 1B) at 7 ppm; Soybean Hulls
at 20 ppm; Soybean Meal at 20 ppm; Stalk, Stem and Leaf Petiole
Vegetables (Crop Group 22) at 3 ppm; Strawberry, Dehydrated at 3 ppm;
Wheat Milled By-Products at 6 ppm. The LC/MS/MS system operating with
an electrospray interface (ESI) operating in both positive and negative
polarities is used to measure and evaluate the chemical
fluazaindolizine. Contact: RD.
    8. PP 9F8796. EPA-HQ-OPP-2020-0068. BASF Corporation, 26 Davis
Drive, P.O. Box 13528, Research Triangle Park, North Carolina 27709-
3528, requests to establish tolerance in 40 CFR part 180 for residues
of the fungicide mefentrifluconazole (BAS 750 F); 2-[4-(4-
chlorophenoxy)-2-(trifluoromethyl)phenyl]-1-(1H-1,2,4-triazole-1-
yl)propan-2-ol] in or on the raw agricultural commodities berry, low
growing, subgroup 13-07G at 2 parts per million (ppm); bushberry,
subgroup 13-07B at 5 ppm; caneberry, subgroup 13-07A at 3 ppm; cattle,
fat at 0.8 ppm; cattle, kidney at 0.6 ppm; cattle, liver at 1.5 ppm;
cattle, meat at 0.07 ppm; cattle, meat byproducts at 1.5 ppm; cotton,
gin byproducts at 10 ppm; cottonseed subgroup 20C at 0.2 ppm; egg at
0.01 ppm; goat, fat at 0.8 ppm; goat, kidney at 0.6 ppm; goat, liver at
1.5 ppm, goat; meat at 0.07 ppm; goat, meat byproducts at 1.5 ppm;
grass, crop group 17, forage at 50 ppm; grass, crop group 17, hay at
100 ppm; hog, fat at 0.02 ppm; hog, kidney at 0.03 ppm; hog, liver at
0.03 ppm; hog, meat at 0.01 ppm; hog, meat byproducts at 0.03 ppm;
horse, fat at 0.8 ppm, horse; kidney at 0.6 ppm; horse, liver at 1.5
ppm; horse, meat at 0.07 ppm; horse, meat byproducts at 1.5 ppm; melon
subgroup 9A at 0.5 ppm; milk at 0.09 ppm; milk fat at 2.4 ppm; non-
grass animal feed, forage, crop group 18 at 15 ppm; non-grass animal
feed, hay, crop group 18 at 40 ppm; onion, bulb, subgroup 3-07A at 0.2
ppm; onion, green, subgroup 3-07B at 4 ppm; poultry, fat at 0.015 ppm;
poultry, liver at 0.01 ppm; poultry, meat at 0.015 ppm; poultry, meat
byproducts at 0.015 ppm; sheep, fat at 0.8 ppm; sheep, kidney at 0.6
ppm; sheep, liver at 1.5 ppm; sheep, meat at 0.07 ppm; sheep, meat
byproducts at 1.5 ppm; squash/cucumber subgroup 9B at 0.15 ppm,
sugarcane, cane at 1.5 ppm; sunflower subgroup 20B at 0.15 ppm; tomato,
dried at 5 ppm; vegetable, leafy, except brassica, crop group 4-16 at
30 ppm; vegetables, fruiting, crop group 8-10 at 0.9 ppm; vegetable,
leaves of root and tuber, crop group 2 at 20 ppm; and vegetable, root,
except sugar beet, subgroup 1B at 0.7 ppm. The independently validated
method (L0295/01, based on the QuEChERS method) was used for analyzing
residues of BAS 750 F with appropriate sensitivity and selectivity in
all crops and processed commodities. Two independently validated
methods (L0272/01 and L0309/01) have been submitted for analyzing
residues of BAS 750 F and its metabolite M750F022 (and conjugates) in
animal commodities with appropriate sensitivity and selectivity, to
measure and evaluate the chemical mefentrifluconazole. Contact: RD.
    9. PP 9F8799. (EPA-HQ-OPP-2020-0118) [Makhteshim Agan of North
America, Inc., 3120 Highwoods Blvd., Suite 100, Raleigh, NC 27604,
requests to establish a tolerance in 40 CFR part 180 for residues of
the nematicide, Fluensulfone, in or on soy bean seeds at 0.1 parts per
million (ppm), soybean forage at 7.0 ppm and soybean hay at 20.0 ppm.
High-Performance Liquid Chromatograph-Mass Spectrometer (LC-

MS/MS) is used to measure and evaluate the residues of the parent
fluensulfone and residues of the metabolites, sulfonic acid in non-
fatty matrices. Contact: RD.

    Authority: 21 U.S.C. 346a.

    Dated: March 12, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2020-07806 Filed 4-14-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 24 (Thursday, February 5, 2015)]
[Notices]
[Pages 6511-6512]
[FR Doc No: 2015-02296]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2211-007]

Duke Energy Indiana, Inc.; Notice of Application Accepted for
Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Extension of license term.
    b. Project No.: 2211-007.
    c. Date Filed: August 18, 2014.
    d. Applicant: Duke Energy Indiana, Inc.
    e. Name of Project: Markland Hydroelectric Project.
    f. Location: Ohio River in Switzerland County, Indiana.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Tami Styer, Duke Energy Corporation, EC12Y,
P.O. Box 1006 Charlotte, NC 28202,<PHONE_NUMBER>.
    i. FERC Contact: Rebecca Martin,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: March 2, 2015.
    All documents may be filed electronically via the Internet. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site 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>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may be paper-filed. To paper-file, mail an
original and seven copies to: Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC

20426. Please include the project number (P-2211-007) on any comments
or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears 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. Description of Application: On September 7, 2010, the Markland
Project was issued a 30-year license that expires May 1, 2041. The
licensee requests the Commission extend the term of the license for an
additional 20 years from May 1, 2041, to May 1, 2061. The licensee
states in its filing that the extension will make the license term
consistent with standard Commission policy of issuing 50-year terms for
new licenses for projects located at federal dams. The Markland Project
is located at an existing U.S. Army Corps of Engineers dam.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also 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 (P-2211) to access the document. You
may also 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. A copy is also available for
inspection and reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .214, respectively. In determining the appropriate action to take,
the Commission will consider all protests or other comments filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (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 commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by a proof of service on all persons listed in the service list
prepared by the Commission in this proceeding, in accordance with 18
CFR 385.2010.

    Dated: January 29, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-02296 Filed 2-4-15; 8:45 am]
BILLING CODE 6717-01-P