[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Proposed Rules]
[Page 81903]
[FR Doc No: 2011-33460]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2010-0895; FRL-9614-1]
RIN 2060-AQ11

National Emission Standards for Hazardous Air Pollutants:
Ferroalloys Production; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of public comment period.

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SUMMARY: The EPA is announcing that the period for providing public
comments on the November 23, 2011, proposed Rule Titled ``National
Emission Standards for Hazardous Air Pollutants: Ferroalloys
Production'' is being extended for 22 days.

DATES: Comments. The public comment period for the proposed rule
published November 23, 2011 (76 FR 72508), is being extended for 22
days to January 31, 2012, in order to provide the public additional
time to submit comments and supporting information.

ADDRESSES: Comments. Written comments on the proposed rule may be
submitted to EPA electronically, by mail, by facsimile or through hand
delivery/courier. Please refer to the proposal for the addresses and
detailed instructions.
    Docket. Publicly available documents relevant to this action are
available for public inspection either electronically at http://www.regulations.gov or in hard copy at the EPA Docket Center, Room
3334, 1301 Constitution Avenue NW., Washington, DC The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. A reasonable fee may be charged for copying.
    World Wide Web. The EPA Web site for this rulemaking is at: http://www.epa.gov/ttn/atw/ferroa/ferropg.html.

FOR FURTHER INFORMATION CONTACT: Mr. Conrad Chin, Metals and Inorganic
Chemicals Group (D243-02), Sector Policies and Programs Division,
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
Telephone number:<PHONE_NUMBER>; Fax number<PHONE_NUMBER>; Email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comment Period

    Due to requests received from industry to extend the public comment
period, the EPA is extending the public comment period for an
additional 22 days. Therefore, the public comment period will end on
January 31, 2012, rather than January 9, 2012.

How can I get copies of this document and other related information?

    The EPA has established the official public docket No. EPA-HQ-OAR-
2010-0895. The EPA has also developed Web sites for the proposed
rulemaking at the addresses given above.

    Dated: December 22, 2011.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2011-33460 Filed 12-28-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47262-47263]
[FR Doc No: 2017-21776]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32851; 812-14340]

USCF Fund Advisors, LLC, et al.

October 4, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Act and rule 22c-1
under the Act, under sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and 17(a)(2) of the Act, and under
section 12(d)(1)(J) for an exemption from sections 12(d)(1)(A) and
12(d)(1)(B) of the Act. The requested order would permit (a) actively-
managed series of certain open-end management investment companies
(``Funds'') to issue shares redeemable in large aggregations only
(``Creation Units''); (b) secondary market transactions in Fund shares
to occur at negotiated market prices rather than at net asset value
(``NAV''); (c) certain Funds to pay redemption proceeds, under certain
circumstances, more than seven days after the tender of shares for
redemption; (d) certain affiliated persons of a Fund to deposit
securities into, and receive securities from, the Fund in connection
with the purchase and redemption of Creation Units; (e) certain
registered management investment companies and unit investment trusts
outside of the same group of investment companies as the Funds
(``Acquiring Funds'') to acquire shares of the Funds; and (f) certain
Funds (``Feeder Funds'') to create and redeem Creation Units in-kind in
a master-feeder structure.

Applicants: USCF Fund Advisors, LLC (the ``Initial Adviser''), a
Delaware limited liability company registered as an investment adviser
under the Investment Advisers Act of 1940, USCF ETF Trust (the
``Trust''), a Delaware statutory trust registered under the Act as an
open-end management investment company with multiple series, and ALPS
Distributors, Inc. (``Distributor''), a Colorado Corporation and
broker-dealer registered under the Securities Exchange Act of 1934
(``Exchange Act'').

Filing Dates: The application was filed on July 31, 2014 and amended on
November 11, 2014, February 13, 2015, August 24, 2016, February 23,
2017 and July 7, 2017.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on October 30, 2017, and should be accompanied by proof of
service on applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-1090; Applicants: Applicants, James M. Cain
and Cynthia R. Beyea, Eversheds Sutherland (US) LLP, 700 Sixth Street
NW., Suite 700, Washington, DC 20001.

FOR FURTHER INFORMATION CONTACT: Jeremy Heckerling, Senior Counsel, at
(202) 551-7259, or Robert H. Shapiro, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

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

Summary of the Application

    1. Applicants request an order that would allow Funds to operate as
actively-managed exchange traded funds (``ETFs'').\1\ Fund shares will
be

purchased and redeemed at their NAV in Creation Units only. All orders
to purchase Creation Units and all redemption requests will be placed
by or through an ``Authorized Participant'' which will have signed a
participant agreement with the Distributor. Shares will be listed and
traded individually on a national securities exchange, where share
prices will be based on the current bid/offer market. Certain Funds may
operate as Feeder Funds in a master-feeder structure. Any order
granting the requested relief would be subject to the terms and
conditions stated in the application.
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    \1\ Applicants request that the order apply to future series of
the Trust or of other open-end management investment companies that
currently exist or that may be created in the future (each, included
in the term ``Fund''), each of which will operate as an actively-
managed ETF. Any Fund will (a) be advised by the Initial Adviser or
an entity controlling, controlled by, or under common control with
the Initial Adviser (each such entity is included in the term
``Adviser'') and (b) comply with the terms and conditions of the
application.
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    2. Each Fund will consist of a portfolio of securities and other
assets and investment positions (``Portfolio Positions''). Each Fund
will disclose on its Web site the identities and quantities of the
Portfolio Positions that will form the basis for the Fund's calculation
of NAV at the end of the day.
    3. Shares will be purchased and redeemed in Creation Units only and
generally on an in-kind basis. Except where the purchase or redemption
will include cash under the limited circumstances specified in the
application, purchasers will be required to purchase Creation Units by
depositing specified instruments (``Deposit Instruments''), and
shareholders redeeming their shares will receive specified instruments
(``Redemption Instruments''). The Deposit Instruments and the
Redemption Instruments will each correspond pro rata to the positions
in the Fund's portfolio (including cash positions) except as specified
in the application.
    4. Because shares will not be individually redeemable, applicants
request an exemption from section 5(a)(1) and section 2(a)(32) of the
Act that would permit the Funds to register as open-end management
investment companies and issue shares that are redeemable in Creation
Units only.
    5. Applicants also request an exemption from section 22(d) of the
Act and rule 22c-1 under the Act as secondary market trading in shares
will take place at negotiated prices, not at a current offering price
described in a Fund's prospectus, and not at a price based on NAV.
Applicants state that (a) secondary market trading in shares does not
involve a Fund as a party and will not result in dilution of an
investment in shares, and (b) to the extent different prices exist
during a given trading day, or from day to day, such variances occur as
a result of third-party market forces, such as supply and demand.
Therefore, applicants assert that secondary market transactions in
shares will not lead to discrimination or preferential treatment among
purchasers. Finally, applicants represent that share market prices will
be disciplined by arbitrage opportunities, which should prevent shares
from trading at a material discount or premium from NAV.
    6. With respect to Funds that hold non-U.S. Portfolio Positions and
that effect creations and redemptions of Creation Units in kind,
applicants request relief from the requirement imposed by section 22(e)
in order to allow such Funds to pay redemption proceeds within fifteen
calendar days following the tender of Creation Units for redemption.
Applicants assert that the requested relief would not be inconsistent
with the spirit and intent of section 22(e) to prevent unreasonable,
undisclosed or unforeseen delays in the actual payment of redemption
proceeds.
    7. Applicants request an exemption to permit Acquiring Funds to
acquire Fund shares beyond the limits of section 12(d)(1)(A) of the
Act; and the Funds, and any principal underwriter for the Funds, and/or
any broker or dealer registered under the Exchange Act, to sell shares
to Acquiring Funds beyond the limits of section 12(d)(1)(B) of the Act.
The application's terms and conditions are designed to, among other
things, help prevent any potential (i) undue influence over a Fund
through control or voting power, or in connection with certain
services, transactions, and underwritings, (ii) excessive layering of
fees, and (iii) overly complex fund structures, which are the concerns
underlying the limits in sections 12(d)(1)(A) and (B) of the Act.
    8. Applicants request an exemption from sections 17(a)(1) and
17(a)(2) of the Act to permit persons that are affiliated persons, or
second-tier affiliates, of the Funds, solely by virtue of certain
ownership interests, to effectuate purchases and redemptions in-kind.
The deposit procedures for in-kind purchases of Creation Units and the
redemption procedures for in-kind redemptions of Creation Units will be
the same for all purchases and redemptions and Deposit Instruments and
Redemption Instruments will be valued in the same manner as those
Portfolio Positions currently held by the Funds. Applicants also seek
relief from the prohibitions on affiliated transactions in section
17(a) to permit a Fund to sell its shares to and redeem its shares from
an Acquiring Fund, and to engage in the accompanying in-kind
transactions with the Acquiring Fund.\2\ The purchase of Creation Units
by an Acquiring Fund directly from a Fund will be accomplished in
accordance with the policies of the Acquiring Fund and will be based on
the NAVs of the Funds.
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    \2\ The requested relief would apply to direct sales of shares
in Creation Units by a Fund to an Acquiring Fund and redemptions of
those shares. Applicants, moreover, are not seeking relief from
section 17(a) for, and the requested relief will not apply to,
transactions where a Fund could be deemed an Affiliated Person, or a
Second-Tier Affiliate, of an Acquiring Fund because an Adviser or an
entity controlling, controlled by or under common control with an
Adviser provides investment advisory services to that Acquiring
Fund.
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    9. Applicants also request relief to permit a Feeder Fund to
acquire shares of another registered investment company managed by the
Adviser having substantially the same investment objectives as the
Feeder Fund (``Master Fund'') beyond the limitations in section
12(d)(1)(A) and permit the Master Fund, and any principal underwriter
for the Master Fund, to sell shares of the Master Fund to the Feeder
Fund beyond the limitations in section 12(d)(1)(B).
    10. Section 6(c) of the Act permits the Commission to exempt any
persons 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. 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.
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.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21776 Filed 10-10-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 10, 2009 (Volume 74, Number 152)]
[Notices]
[Page 39996]
[DOCID:fr10au09-78]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Sunshine Act Meetings; Unified Carrier Registration Plan Board of
Directors

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

Time and Date: September 3, 2009, 12 noon to 3 p.m., Eastern Daylight
Time.

Place: This meeting will take place telephonically. Any interested
person may call Mr. Avelino Gutierrez at<PHONE_NUMBER> to receive the
toll free number and pass code needed to participate in these meetings
by telephone.

Status: Open to the public.

Matters to be Considered: The Unified Carrier Registration Plan Board
of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement and to
that end, may consider matters properly before the Board.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at<PHONE_NUMBER>.

    Issued on: August 4, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-19236 Filed 8-6-09; 4:15 pm]

BILLING CODE 4910-EX-P


Summary of Second ABSTC and US EPA Meeting Regarding Agency Proposed Changes to the Corn Rootworm Resistance Management Program

MEETING LOCATION: 					DATE:
US EPA's Office of Pesticide Programs, 			May 20[th], 2015
2777 S. Crystal Drive,
Arlington, VA 22202

ATTENDEES:
Kimberly Nesci, US EPA/OPP/BPPD
Alan Reynolds, US EPA/OPP/BPPD
Jeannette Martinez, US EPA/OPP/BPPD
Mike Mendelsohn, US EPA/OPP/BPPD
Ann Sibold, US EPA/OPP/BPPD
Jonathan Becker, US EPA/OPP/BEAD
Tony Burd, Syngenta/ABSTC
Dave Guyer, Syngenta/ABSTC
Graham Head, Monsanto/ABSTC
Jeff Bookout, Monsanto/ABSTC
Christina Lawrence, Monsanto/ABSTC
Nick Storer, Dow AgroSciences/ABSTC
Mark Kimm, Dow AgroSciences/ABSTC
Clint Pilcher, DuPont Pioneer/ABSTC
Michael Smith, DuPont Pioneer/ABSTC

AGENDA:
   *      Introductions
   *      ABSTC response/counterproposal to EPA proposed changes to CRW RM program
   1.         IPM approach to CRW resistance management
   2.         Proactive strategies to detect unexpected damage (UXD) in Bt corn fields
   3.         Annual monitoring of CRW populations
   4.         Resistance confirmation process (bioassays)
   5.         Remedial action plans

SUMMARY OF MEETING MINUTES

Element 1: IPM Approach
ABSTC member companies proposed to expand the current IRM education programs to include IPM (Integrated Pest Management) + IRM (Insect Resistance Management) for all corn growers regardless of location.  The IPM tools recommended (also referred to BMPs) are similar to the IPM measures proposed by EPA, but include the use of soil-applied insecticides for corn rootworm control on Bt corn also containing CRW traits.  ABSTC proposed to address education on the BMP use of SAIs in the expanded education programs.
ABSTC and EPA agreed on the benefits of a baseline survey - designed and conducted in 2016 by an independent third party - to determine the current state of IPM use by growers who plant Bt corn.  ABSTC proposed future surveys to assess the success of the educational program and growers' compliance with implementing IPM + IRM for corn rootworm and Bt PIPs.

ABSTC agreed to provide the EPA with additional details on the education programs, including such information as the mechanism for implementation.

Element 2: Proactive Scouting and Detection of UXD
ABSTC agreed to use the Node Injury Scale (NIS) threshold proposed by EPA of 1.0 for single Bt PIPs.  ABSTC proposed a different NIS score than that proposed by EPA for pyramided Bt PIPs to determine whether unexpected damage (UXD) had occurred in a cornfield. ABSTC committed that every effort would be made to collect adults from UXD sites the year the damage was reported if beetles were present.
ABSTC and the Agency agreed that corn growers should have access to information about UXD occurrences for Bt corn rootworm traits in their state in order to make informed decisions. CRW registrants within ABSTC agreed to develop a standardized CRW resistance monitoring, resistance detection, resistance confirmation, and mitigation plan that would be agreed upon by BPPD and the CRW registrants prior to 2016 field season, and this plan would incorporate most of the elements proposed previously by EPA.

Element 3: Removal of Random Monitoring
ABSTC concurred with EPA's proposal to remove the requirement for collecting random samples of corn rootworm from the major corn growing states for the purpose of resistance monitoring.

Element 4: Resistance Confirmation Process
ABSTC proposed to continued use of diet bioassays in addition to using a plant assay (sublethal seedling assay or single on-plant assay). ABSTC committed to provide a standardized approach for diet bioassay methodology to EPA.

Element 5: Remedial Action Plans
ABSTC proposed to replace "Remedial Action" with "mitigation" and to mitigate resistance using the same BMPs as those in the education program described under Element 1. Mitigation was proposed to occur on a per-field basis.