[Federal Register: September 29, 2005 (Volume 70, Number 188)]
[Notices]
[Page 56943-56944]
[DOCID:fr29se05-78]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52494; File No. SR-CBOE-2005-70]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change to Extend a Pilot Program Relating to Market-Maker Access
to the Hybrid Automatic Execution System

September 22, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 12, 2005, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Exchange has designated this proposal as ``non-
controversial'' pursuant to Section 19(b)(3)(A) of the Act,\3\ and Rule
19b-4(f)(6) thereunder,\4\ which renders the proposed rule change
effective upon filing with the Commission.\5\ The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ The Exchange asked the Commission to waive the five business
day pre-filing notice requirement. See Rule 19b-4(f)(6)(iii), 17 CFR
240.19b-4(f)(6)(iii). The Commission is exercising its authority to
waive the five business day pre-filing notice requirement and notes
that the Exchange provided the Commission with four business days'
notice.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the pilot program in CBOE Rule 6.13
relating to market-maker access to the Exchange's automatic execution
system until October 12, 2006. No other changes are being made to the
pilot program. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.com), at the Exchange's Office of

the Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In 2004, the Commission approved on a pilot basis, CBOE Rule
6.13(b)(i)(C)(iii) (``Rule'') relating to the frequency with which
certain market participants could submit orders for execution through
the Exchange's Hybrid Trading System (``Hybrid'').\6\ CBOE Rule
6.13(b)(i)(C)(iii) currently provides in relevant part:
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    \6\ See Securities Exchange Act Release No. 50005 (July 12,
2004), 69 FR 43032 (July 19, 2004) (SR-CBOE-2004-33). The pilot
program has been extended once. See Securities Exchange Act Release
No. 51030 (January 12, 2005), 70 FR 3404 (January 24, 2005) (SR-
CBOE-2004-91) (extension of the pilot program until October 12,
2005).
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    (iii) 15-Second Limitation: With respect to orders eligible for
submission pursuant to paragraph (b)(i)(C)(ii), members shall neither
enter nor permit the entry of multiple orders on the same side of the
market in an option class within any 15-second period for an account or
accounts of the same beneficial owner. The appropriate FPC may shorten
the duration of this 15-second period by providing notice to the
membership via a Regulatory Circular that is issued at least one day
prior to implementation. The effectiveness of this rule shall terminate
on October 12, 2005.
    Upon approval of the Rule, the Exchange began allowing orders from
options exchange market-makers to be eligible for automatic execution
subject to the 15-second limitation described above.\7\ As the pilot
period expires on

October 12, 2005, the Exchange proposes to extend the pilot program.
Given the success of the pilot program in attracting market-maker
volume to the Exchange, the Exchange proposes to extend the pilot
program's duration an additional year, until October 12, 2006.
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    \7\ CBOE Rule 6.13(b)(i)(C)(ii) governs the submission of orders
from market-makers (paragraph (C)(ii)(A)) and stock exchange
specialists (paragraph (C)(ii)(B)). It should be noted that,
pursuant CBOE Rule 6.13(b)(i)(C)(iii), the floor procedures
committees (FPCs) determined to shorten to 5 seconds (from 15
seconds) the period required between entry of multiple market-maker
orders (including non-CBOE market-maker orders) on the same side of
the market in an option class for an account or accounts of the same
beneficial owner using Hybrid. This change went into effect on July
18, 2005 and was announced to the membership via Regulatory Circular
RG05-61.
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2. Statutory Basis
    The Exchange believes that the extension of the pilot program will
allow the Exchange to continue to provide auto-ex access to all market-
makers. Accordingly, the Exchange believes the proposed rule change is
consistent with the Act \8\ and the rules and regulations under the Act
applicable to a national securities exchange and, in particular, the
requirements of Section 6(b) of the Act.\9\ Specifically, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5)\10\ requirements that the rules of an exchange be designed to
promote just and equitable principles of trade, to prevent fraudulent
and manipulative acts and, in general, to protect investors and the
public interest.
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    \8\ 15 U.S.C. 78a et seq.
    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange neither solicited nor received comments on the
proposal.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\11\ and Rule 19b-4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2005-70 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-CBOE-2005-70. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-CBOE-2005-70 and should be submitted on or before
October 20, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. 05-19498 Filed 9-28-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Rules and Regulations]
[Pages 10665-10670]
[FR Doc No: 2014-04173]

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

40 CFR Parts 141 and 142

[EPA-HQ-OW-2008-0878; FRL-9906-89-OW]

National Primary Drinking Water Regulations: Minor Corrections to
the Revisions to the Total Coliform Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, the Environmental Protection Agency (EPA) is
making minor corrections to the final Revisions to the Total Coliform
Rule (RTCR), as authorized under the Safe Drinking Water Act, to
correct typographical errors in sections relating to recordkeeping and
State primacy requirements, which could affect implementation and
enforcement of the RTCR if they were left uncorrected. This action also
includes other edits to the final rule language that are intended to
improve the understanding of the rule and avoid confusion. This action
does not impose new requirements; rather it clarifies what must be
included in States' primacy applications related to this rule and the
specific records water systems must keep.

DATES: This rule is effective on April 28, 2014 without further notice,
unless EPA receives adverse comment by March 28, 2014. If EPA receives
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect. The
incorporation by reference of certain material listed in the rule was
approved by the Director of the Federal Register as of April 15, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2008-0878, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Water Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460,
Attention Docket ID No. EPA-HQ-OW-2008-0878.
     Hand Delivery: EPA Docket Center, (EPA/DC) EPA West, Room
3334, 1301 Constitution Ave. NW., Washington, DC. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2008-
0878. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Water Docket, EPA Docket
Center, (EPA/DC) EPA West, Room 3334, 1301

Constitution Ave. NW., Washington, DC. This Docket Facility is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Sean Conley, Standards and Risk
Management Division, Office of Ground Water and Drinking Water (MC-
4607M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>For general information, contact the Safe Drinking
Water Hotline, telephone number:<PHONE_NUMBER>. The Safe Drinking
Water Hotline is open Monday through Friday, excluding legal holidays,
from 10 a.m. to 4 p.m. Eastern time.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Why is EPA using a direct final rule?

    EPA is publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment; this action only corrects typographical errors and
makes clarifying edits and does not impose new requirements. However,
in the ``Proposed Rules'' section of today's Federal Register, we are
publishing a separate document that will serve as the proposed rule to
make the corrections and clarifying edits to the RTCR if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. Comments should be submitted only
for the corrections being made in this direct final rule, not for other
aspects of the final RTCR. For further information about commenting on
this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.

B. Regulated Categories and Entities

    Entities potentially regulated by the RTCR as corrected are all
public water systems (PWSs). Regulated categories and entities include
the following:

------------------------------------------------------------------------
               Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry.............................  Privately-owned community water
                                        systems (CWSs), transient non-
                                        community water systems
                                        (TNCWSs), and non-transient non-
                                        community water systems
                                        (NTNCWSs).
Federal, State, Tribal, and local      Publicly-owned CWSs, TNCWSs, and
 governments.                           NTNCWSs.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities regulated by this action. This
table lists the types of entities that EPA is now aware of that could
potentially be regulated by this action. Other types of entities not
listed in the table could also be regulated. To determine whether your
facility is regulated by this action, you should carefully examine the
definition of ``public water system'' in Sec.  141.2 and the section
entitled ``Coverage'' in Sec.  141.3 in title 40 of the Code of Federal
Regulations (CFR), and the applicability criteria in Sec.  141.851(b)
of the final RTCR. If you have questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

C. Copies of This Document and Other Related Information

    This document is available for download at http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation_revisions.cfm. For other
related information, see preceding discussion on docket.

D. Minor Corrections to the Revisions to the Total Coliform Rule (RTCR)

    A. Today's final rule corrects, as authorized under the Safe
Drinking Water Act (SDWA), two typographical errors in the final RTCR
(78 FR 10269, February 13, 2013) rule language. First, this action
corrects a mistaken cross-reference regarding water system
recordkeeping requirements for assessment forms and documentation of
corrective actions and sanitary defects. EPA is correcting the cross-
reference at Sec.  141.861(b)(1) to correctly provide that assessments,
corrective actions and identification of sanitary defects are required
under the treatment technique requirements of Sec.  141.859 of the
final RTCR. The burden for these recordkeeping requirements was
reflected in the Revised Total Coliform Rule (see Paperwork Reduction
Act, section II.B of this notice) and in section 7 of the Economic
Analysis (EA) for the Revised Total Coliform Rule (EPA-815-R-12-004).
EPA also discussed these requirements in the preamble to the final RTCR
on page 10295. Second, today's final rule also corrects the
introductory paragraph at Sec.  142.16(q)(2) to correctly indicate that
the State's application for primacy must contain a written description
of all provisions included in the subsections of the paragraph,
(q)(2)(i) through (q)(2)(ix). It was always EPA's intent that primacy
applications must contain a written description of all provisions in
Sec.  142.16(q)(2), but when EPA added subparagraph (q)(2)(ix) to the
final rule, EPA neglected to change the numbering in the paragraph (2)
lead-in to the list of elements. EPA intended this to be the case, as
demonstrated in the preamble to the final RTCR on page 10301. In
addition, the burden for this State activity was also included in
section 7 of the EA for the RTCR. EPA is not developing a new EA for
today's action because the EA for the final RTCR accounts for all costs
associated with this rule.
    Today's final rule also corrects the numbering in Sec.  141.855(a)
by adding subparagraph (d)(2) and reserving it, to most simply correct
a numbering error that identified a subparagraph (d)(1) without a
subsequent (d)(2). Correcting the numbering in this fashion will not
interfere with any cross references to this subparagraph.
    Today's rule also includes clarifying revisions to the language
regarding primacy applications in Sec.  142.16(q)(2)(ii) to make it
more clear in the special primacy requirements section of the rule that
systems must implement at least one of listed additional criteria to
qualify for reduced monitoring. EPA clearly intended this to be the
case, as reflected in Sec.  141.854(h)(2) for NCWSs and Sec.
141.855(d) for CWSs, and in the preamble to the final rule at page
10281 and 10282.
    Next, the final rule clarifies the situations requiring public
notification in Appendix A to Subpart Q of Part 141 to list out all of
the possible reporting violations under the RTCR that will require Tier
3 public notice. EPA clearly intended this to be the case, as reflected
in item (6) in Table 1 to Sec.  141.204 (Violation Categories and Other
Situations Requiring a Tier 3 Public

Notice), which provides that all reporting and recordkeeping violations
under the RTCR require Tier 3 public notice. Also, page 10294 of the
preamble to the final RTCR clearly states that Tier 3 PN is required
for both monitoring and reporting violations under the RTCR.
    Finally, the final rule clarifies the analytical methods table at
Sec.  141.852(a)(5) to place the citation ``Standard Methods Online
9223 B-97'' for the Colilert analytical method in the correct column.
    These revisions do not change any rule requirements, are consistent
with the rule requirements as intended by the Total Coliform Rule/
Distribution System Advisory Committee that recommended the revisions
to the Total Coliform Rule, and are intended only to clarify
requirements and reduce confusion.

II. Statutory and Executive Order Review

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
In this action, EPA is making minor corrections to the final RTCR to
correct typographical errors in sections relating to recordkeeping and
State primacy requirements and other edits to the final rule language
that are intended to improve the understanding of the rule and avoid
confusion. The Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations (40 CFR Parts 141 and 142) under the provisions of
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned
OMB control number 2040-0205. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    The RFA provides default definitions for each type of small entity.
Small entities are defined as: (1) A small business as defined by the
Small Business Administration's (SBA) regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any ``not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.'' However, the RFA also authorizes an agency to
use alternative definitions for each category of small entity, ``which
are appropriate to the activities of the agency'' after proposing the
alternative definition(s) in the Federal Register and taking comment (5
U.S.C. 601(3)-(5)). In addition, to establish an alternative small
business definition, agencies must consult with SBA's Chief Counsel for
Advocacy.
    For purposes of assessing the impacts of the RTCR on small
entities, EPA considered small entities to be PWSs serving 10,000 or
fewer people. This is the cut-off level specified by Congress in the
1996 Amendments to the Safe Drinking Water Act (SDWA) for small system
flexibility provisions. As required by the RFA, EPA proposed using this
alternative definition in the FR (63 FR 7620, February 13, 1998),
requested public comment, consulted with the SBA, and finalized the
alternative definition in the agency's Consumer Confidence Report
regulation (63 FR 44524, August 19, 1998). As stated in that Final
Rule, the alternative definition would be applied for all future
drinking water regulations.
    After considering the economic impacts of the minor corrections to
the RTCR on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
The costs for recordkeeping and State primacy requirements were
accounted for and detailed in the RTCR EA and summarized in the
preamble of the final RTCR. A copy of the final RTCR and the RTCR EA
can be found at http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation_revisions.cfm.

D. Unfunded Mandates Reform Act (UMRA)

    This rule does not contain a Federal mandate under the provisions
of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538. This rule makes minor editorial corrections and
clarifying edits to the final RTCR. Therefore, this rule is not subject
to the requirements of sections 202 and 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA because it makes only minor corrections and clarifying edits that
will not significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have Federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government as
specified in Executive Order 13132. Today's action makes minor
corrections to the final RTCR to correct typographical errors in
sections relating to recordkeeping and State primacy requirements and
other edits to the final rule language that are intended to improve the
understanding of the rule and avoid confusion. The recordkeeping and
primacy requirements as corrected by today's action were included in
the cost calculations that were described in the preamble to the final
RTCR and used to determine that Executive Order 13132 does not apply to
the final RTCR.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This rule makes
minor corrections to the final RTCR that will not have tribal
implications. Thus, Executive Order 13175 does not apply to this
action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the EO has the potential to influence the regulation. This action is
not subject to EO 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001) because it is not a significant

regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note),
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when EPA decides not to use
available and applicable voluntary consensus standards.
    This final rule makes only minor corrections and edits that do not
involve technical standards. Therefore, EPA is not considering the use
of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission.
Agencies must do this by identifying and addressing, as appropriate,
any disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
    EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rule makes minor corrections and edits to the final
RTCR that will not have disproportionately high and adverse human
health or environmental effects on any population, including any
minority or low-income population.

K. Consultations With the Science Advisory Board, National Drinking
Water Advisory Council, and the Secretary of Health and Human Services

    In accordance with section 1412(d) and (e) of SDWA, EPA consulted
with the Science Advisory Board (SAB), National Drinking Water Advisory
Council (NDWAC), and the Secretary of the U.S. Department of Health and
Human Services on the final RTCR. Because today's action is making only
minor corrections to the final RTCR to correct typographical errors and
other edits to the final rule language that are intended to improve the
understanding of the rule and avoid confusion, EPA did not consult with
the SAB, NDWAC or the Secretary on today's action.

L. Considerations of Impacts on Sensitive Subpopulations as Required by
Section 1412(b)(3)(C)(i)(V) of the 1996 Amendments of SDWA

    As required by Section 1412(b)(3)(C)(i)(V) of SDWA, EPA sought
public comment regarding the effects of contamination associated with
the proposed RTCR on the general population and sensitive
subpopulations. Sensitive subpopulations include ``infants, children,
pregnant women, the elderly, individuals with a history of serious
illness, or other subpopulations that are identified as likely to be at
greater risk of adverse health effects due to exposure to contaminants
in drinking water than the general population'' (SDWA section
1412(b)(3)(C)(i)(V), 42 U.S.C. 300g-1(b)(3)(C)(i)(V)). As indicated in
the preamble to the final RTCR, EPA anticipates that the requirements
of the final RTCR will help reduce pathways of entry for fecal
contamination and/or waterborne pathogens into the distribution system,
thereby reducing exposure and risk from these contaminants in drinking
water to the entire general population.
    Today's final rule is making only minor corrections to the final
RTCR to correct typographical errors and other edits to the final rule
language that are intended to improve the understanding of RTCR and
avoid confusion and does not alter the conclusion that the final RTCR
seeks to provide a similar level of drinking water protection to all
groups including sensitive subpopulations.

M. Effect of Compliance With the Minor Corrections to the RTCR on the
Technical, Financial, and Managerial Capacity of Public Water Systems

    Section 1420(d)(3) of SDWA, as amended, requires that, in
promulgating an NPDWR, the Administrator shall include an analysis of
the likely effect of compliance with the regulation on the technical,
managerial and financial (TMF) capacity of PWSs. EPA completed an
analysis of the impact of complying with the requirements of the RTCR
on the TMF capacity of PWSs and a detailed discussion of EPA's analysis
was presented in chapter 8.14 of the RTCR EA. The PWS recordkeeping
requirements as corrected by today's rule were included in the analysis
of the TMF capacity for the final RTCR and therefore no changes to that
analysis are needed to accompany this action.

N. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States (U.S.). EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the U.S. prior to
publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective April 28, 2014.

List of Subjects

40 CFR Part 141

    Environmental protection, Chemicals, Incorporation by reference,
Indian-lands, Intergovernmental relations, Radiation protection,
Reporting and recordkeeping requirements, Water supply.

40 CFR Part 142

    Environmental protection, Administrative practice and procedure,
Chemicals, Indian-lands, Radiation protection, Reporting and
recordkeeping requirements, Water supply.

    Dated: February 10, 2014.
Gina McCarthy,
Administrator.

    For the reasons set forth in the preamble, Title 40 chapter 1 of
the Code of Federal Regulations is amended as follows:

PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS

0
1. The authority citation for part 141 continues to read as follows:

     Authority:  42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4,
300g-5, 300g-6, 300j-4, 300j-9, and 300j-11.

0
2. Appendix A to Subpart Q of Part 141 is amended by revising entries
I.A.1 and I.A.2 to read as follows:

Appendix A to Subpart Q of Part 141--NPDWR Violations and Other
Situations Requiring Public Notice \1\

----------------------------------------------------------------------------------------------------------------
                                        MCL/MRDL/TT violations \2\            Monitoring, testing & reporting
                                 ----------------------------------------          procedure violations
                                                                         ---------------------------------------
           Contaminant            Tier of public                          Tier of public
                                      notice             Citation             notice             Citation
                                     required                                required
----------------------------------------------------------------------------------------------------------------
                    I. Violations of National Primary Drinking Water Regulations (NPDWR): \3\
----------------------------------------------------------------------------------------------------------------
A. Microbiological Contaminants
    1.a Total coliform bacteria                2  141.63(a).............               3  141.21(a)-(e).
     [dagger].
    1.b Total coliform (TT                     2  141.860(b)(1).........               3  141.860(c)(1).
     violations resulting from
     failure to perform
     assessments or corrective
     actions, monitoring
     violations, and reporting
     violations) [Dagger].
                                  ..............  ......................  ..............  141.860(d)(1).
    1.c Seasonal system failure                2  141.860(b)(2).........               3  141.860(d)(3).
     to follow State-approved
     start-up plan prior to
     serving water to the public
     or failure to provide
     certification to State
     [Dagger].
    2.a Fecal coliform/E. coli                 1  141.63(b).............         \4\ 1,3  141.21(e)
     [dagger].
    2.b E. coli (MCL,                          1  141.860 (a)...........               3  141.860(c)(2)
     monitoring, and reporting
     violations) [Dagger].
                                  ..............  ......................  ..............  141.860(d)(1).
                                  ..............  ......................  ..............  141.860(d)(2).
    2.c E. coli (TT violations                 2  141.860(b)(1).........  ..............  ......................
     resulting from failure to
     perform level 2 Assessments
     or corrective action)
     [Dagger].

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

Appendix A--Endnotes

    [dagger] Until March 31, 2016.
    [Dagger] Beginning April 1, 2016.
    1. Violations and other situations not listed in this table
(e.g., failure to prepare Consumer Confidence Reports), do not
require notice, unless otherwise determined by the primacy agency.
Primacy agencies may, at their option, also require a more stringent
public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead
of Tier 3) for specific violations and situations listed in this
Appendix, as authorized under Sec. Sec.  141.202(a) and 141.203(a).
    2. MCL--Maximum contaminant level, MRDL--Maximum residual
disinfectant level, TT--Treatment technique.
    3. The term Violations of National Primary Drinking Water
Regulations (NPDWR) is used here to include violations of MCL, MRDL,
treatment technique, monitoring, and testing procedure requirements.
    4. Failure to test for fecal coliform or E. coli is a Tier 1
violation if testing is not done after any repeat sample tests
positive for coliform. All other total coliform monitoring and
testing procedure violations are Tier 3.
* * * * *

0
3. Section 141.852 is amended by revising the entry for ``Total
Coliforms'' in the table in paragraph (a)(5) to read as follows:

Sec.  141.852  Analytical methods and laboratory certification.

    (a) * * *
    (5) * * *

----------------------------------------------------------------------------------------------------------------
         Organism
--------------------------   Methodology category              Method \1\                   Citation \1\
     Total coliforms
----------------------------------------------------------------------------------------------------------------
                           Lactose Fermentation      Standard Total Coliform        Standard Methods 9221 B.1,
                            Methods.                  Fermentation Technique.        B.2 (20th ed.; 21st ed.).2
                                                                                3
                           ........................  .............................  Standard Methods Online 9221
                                                                                B.1, B.2-99.2 3
                           ........................  Presence-Absence (P-A)         Standard Methods 9221 D.1,
                                                      Coliform Test.                 D.2 (20th ed.; 21st ed.).2
                                                                                7
                           ........................  .............................  Standard Methods Online 9221
                                                                                D.1, D.2-99.2 7
                          --------------------------------------------------------------------------------------
                           Membrane Filtration       Standard Total Coliform        Standard Methods 9222 B, C
                            Methods.                  Membrane Filter Procedure.     (20th ed.; 21st ed.).2 4
                           ........................  .............................  Standard Methods Online 9222
                                                                                B-97 2 4, 9222 C-97.2 4
                           ........................  Membrane Filtration using MI   EPA Method 1604.\2\
                                                      medium.
                           ........................  m-ColiBlue24[supreg] Test 2 4  ............................
                           ........................  Chromocult 2 4...............  ............................
                          --------------------------------------------------------------------------------------
                           Enzyme Substrate Methods  Colilert[supreg].............  Standard Methods 9223 B
                                                                                (20th ed.; 21st ed.).2 5
                           ........................  .............................  Standard Methods Online 9223
                                                                                B-97.2 5
                           ........................  Colisure[supreg].............  Standard Methods 9223 B
                                                                                (20th ed.; 21st ed.).2 5 6
                           ........................  .............................  Standard Methods Online 9223
                                                                                B-97.2 5 6

                           ........................  E*Colite[supreg] Test \2\....  ............................
                           ........................  Readycult[supreg] Test \2\...  ............................
                           ........................  modified Colitag[supreg] Test  ............................
                                                      \2\.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ The procedures must be done in accordance with the documents listed in paragraph (c) of this section. For
  Standard Methods, either editions, 20th (1998) or 21st (2005), may be used. For the Standard Methods Online,
  the year in which each method was approved by the Standard Methods Committee is designated by the last two
  digits following the hyphen in the method number. The methods listed are the only online versions that may be
  used. For vendor methods, the date of the method listed in paragraph (c) of this section is the date/version
  of the approved method. The methods listed are the only versions that may be used for compliance with this
  rule. Laboratories should be careful to use only the approved versions of the methods, as product package
  inserts may not be the same as the approved versions of the methods.
\2\ Incorporated by reference. See paragraph (c) of this section.
\3\ Lactose broth, as commercially available, may be used in lieu of lauryl tryptose broth, if the system
  conducts at least 25 parallel tests between lactose broth and lauryl tryptose broth using the water normally
  tested, and if the findings from this comparison demonstrate that the false-positive rate and false-negative
  rate for total coliforms, using lactose broth, is less than 10 percent.
\4\ All filtration series must begin with membrane filtration equipment that has been sterilized by autoclaving.
  Exposure of filtration equipment to UV light is not adequate to ensure sterilization. Subsequent to the
  initial autoclaving, exposure of the filtration equipment to UV light may be used to sanitize the funnels
  between filtrations within a filtration series. Alternatively, membrane filtration equipment that is pre-
  sterilized by the manufacturer (i.e., disposable funnel units) may be used.
\5\ Multiple-tube and multi-well enumerative formats for this method are approved for use in presence-absence
  determination under this regulation.
\6\ Colisure[supreg] results may be read after an incubation time of 24 hours.
\7\ A multiple tube enumerative format, as described in Standard Methods for the Examination of Water and
  Wastewater 9221, is approved for this method for use in presence-absence determination under this regulation.

* * * * *

Sec.  141.855  [Amended]

0
4. Section 141.855 is amended by adding a reserved paragraph (d)(2).

Sec.  141.861  [Amended]

0
5. In Sec.  141.861, paragraph (b)(1) is amended by removing ``Sec.
141.858'' and adding in its place ``Sec.  141.859''.

PART 142--NATIONAL PRIMARY DRINKING WATER REGULATIONS

0
6. The authority citation for part 142 continues to read as follows:

    Authority:  42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4,
300g-5, 300g-6, 300j-4, 300j-9, and 300j-11.

0
7. Section 142.16 is amended by revising paragraphs (q)(2) introductory
text and (q)(2)(ii) to read as follows:

Sec.  142.16  Special primacy requirements.

* * * * *
    (q) * * *
    (2) The State's application for primacy for subpart Y must include
a written description for each provision included in paragraphs
(q)(2)(i) through (ix) of this section.
* * * * *
    (ii) Reduced Monitoring Criteria--An indication of whether the
State will adopt the reduced monitoring provisions of 40 CFR part 141,
subpart Y. If the State adopts the reduced monitoring provisions, it
must describe the specific types or categories of water systems that
will be covered by reduced monitoring and whether the State will use
all or a reduced set of the criteria specified in Sec. Sec.
141.854(h)(2) and 141.855(d)(1)(iii) of this chapter. For each of the
reduced monitoring criteria, the State must describe how the criterion
will be evaluated to determine when systems qualify.
* * * * *
[FR Doc. 2014-04173 Filed 2-25-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Proposed Rules]
[Pages 68377-68378]
[FR Doc No: 2013-27028]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0407; FRL-9902-54-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Removal of the Regulation for the National Low Emission
Vehicle Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve the State Implementation Plan (SIP)
revision submitted by the

Commonwealth of Virginia that serves to remove from the SIP Virginia's
repealed regulation for the National Low Emission Vehicle (NLEV)
program. Virginia repealed its regulation in December 2011, because the
Virginia NLEV program regulation had by then expired and was superseded
by more stringent federal Tier 2 passenger car and light-duty truck
standards, which were promulgated by EPA on February 10, 2000. More
stringent federal Tier 2 vehicle emission standards were implemented,
on a phased-in basis, between model years 2004 and 2006, taking the
place of the NLEV program. In the Final Rules section of this Federal
Register, EPA is approving the Commonwealth's SIP submittal as a direct
final rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.

DATES: Comments must be received in writing by December 16, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0407 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2013-0407, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0407. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Brian Rehn,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, also titled ``Removal
of the Regulation for the National Low Emission Vehicle Program,''
which is located in the ``Rules and Regulations'' section of this
Federal Register publication.

    Dated: September 30, 2013.
 W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-27028 Filed 11-13-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 28, 2010 (Volume 75, Number 81)]
[Rules and Regulations]
[Page 22263]
[DOCID:fr28ap10-18]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8115]

Suspension of Community Eligibility

Correction

    In rule document 2010-2487 beginning on page 5890 in the issue of
February 5, 2010 make the following corrections:

Sec. 64.6  [Corrected]

    1. On page 5891, in Sec. 64.6, in the table, under the ``Current
effective map date'' heading, in the first entry, ``Apr. 17, 2010''
should read ``Feb. 17, 2010''.
    2. On the same page, in the same section, in the same table, under
the ``Date certain federal assistance no longer available in SFHAs''
heading, in the first entry, ``Apr. 17, 2010'' should read ``Feb. 17,
2010''.

[FR Doc. C1-2010-2487 Filed 4-27-10; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Rules and Regulations]
[Pages 60284-60286]
[FR Doc No: 2015-25218]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0684; Directorate Identifier 2014-NM-215-AD;
Amendment 39-18285; AD 2015-20-06]
RIN 2120-AA64

Airworthiness Directives; Viking Air Limited (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Viking Air Limited (Type Certificate Previously Held by Bombardier,
Inc.) Model DHC-7-1 and DHC-7-100 airplanes. This AD was prompted by
reports of cracks that were discovered in the outboard nacelles upper
longeron channels and angles. This AD requires a one-time detailed
visual inspection for cracking in the outboard nacelles upper longeron
channels and angles; and repair if necessary. We are issuing this AD to
detect and correct cracks in the outboard nacelles upper longeron
channels and angles, which could lead to the loss of stiffness in the
forward engine mount; and possible catastrophic failure.

DATES: This AD becomes effective November 10, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 10,
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0684 or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Viking Air
Limited, 9574 Hampden Road, Sidney, British Columbia V8L 8V5, Canada;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.vikingair.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0684.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Viking Air Limited
(Type Certificate Previously Held by Bombardier, Inc.) Model DHC-7-1
and DHC-7-100 airplanes. The NPRM published in the Federal Register on
April 13, 2015 (80 FR 19572).
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-34, dated October 2, 2014, dated (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Viking Air Limited (Type
Certificate Previously Held by Bombardier, Inc.) Model DHC-7-1 and DHC-
7-100 airplanes. The MCAI states:

    Longitudinal cracks were discovered in the outboard nacelles
upper longeron channels and angles at station XN1 78. The cracks
were partially hidden by bearing blocks, Part Number (P/N) 75420978,
at the nacelle latch locations. Undetected, these cracks may lead to
the loss of stiffness in the forward engine mount; which may lead to
a catastrophic failure.

    Required actions include a one-time detailed visual inspection for
cracking of the outboard nacelles upper longeron channels and angles.
Corrective actions include repair, if necessary. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0684-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (80 FR 19572, April 13,
2015) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (80 FR 19572, April 13, 2015) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 19572, April 13, 2015).

Related Service Information Under 1 CFR Part 51

    Viking Air Limited has issued Service Bulletin V7-54-02, Revision
NC, dated December 14, 2012. The service information describes
procedures for an inspection for cracks in the outboard nacelles upper
longeron channels and angles; and repair if necessary. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD affects 10 airplanes of U.S. registry.
    We also estimate that it will take about 3 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $2,550, or $255 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0684; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2015-20-06 Viking Air Limited (Type Certificate Previously Held by
Bombardier, Inc.): Amendment 39-18285. Docket No. FAA-2015-0684;
Directorate Identifier 2014-NM-215-AD.

(a) Effective Date

    This AD becomes effective November 10, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Viking Air Limited (Type Certificate
previously held by Bombardier, Inc.) Model DHC-7-1 and DHC-7-100
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
Pylons.

(e) Reason

    This AD was prompted by reports of cracks that were discovered
in the outboard nacelles upper longeron channels and angles. We are
issuing this AD to detect and correct cracks in the outboard
nacelles upper longeron channels and angles, which could lead to the
loss of stiffness in the forward engine mount; and possible
catastrophic failure.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection and Repair

    Within 6 months after the effective date of this AD, do a one-
time detailed visual inspection for cracking in the outboard
nacelles upper longeron channels and angles, in accordance with the
Accomplishment Instructions of Viking Air Limited Service Bulletin
V7-54-02, Revision NC, dated December 14, 2012. If any cracking is
found during the inspection required by this paragraph: Before
further flight, repair using a method approved by the Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA; or Transport
Canada Civil Aviation (TCCA); or Viking Air Limited's (Type
Certificate Previously Held by Bombardier, Inc.) TCCA Design
Approval Organization (DAO).

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or TCCA; or Viking Air Limited's (Type Certificate
Previously Held by Bombardier, Inc.) TCCA DAO. If approved by the
DAO, the approval must include the DAO-authorized signature.

(i) Special Flight Permits

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
Canadian Airworthiness Directive CF-2014-34, dated October 2, 2014,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-
2015-0684-0002.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Viking Air Limited Service Bulletin V7-54-02, Revision NC,
dated December 14, 2012.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Viking Air Limited, 9574 Hampden Road, Sidney, British Columbia V8L
8V5, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.vikingair.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 27, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-25218 Filed 10-5-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Proposed Rules]
[Pages 11867-11869]
[FR Doc No: 2017-03757]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0077]
RIN 1625-AA08

Special Local Regulation; Tred Avon River, Between Bellevue, MD
and Oxford, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish special local
regulations for certain waters of the Tred Avon River. This action is
necessary to provide for the safety of life on the navigable waters
located between Bellevue, MD and Oxford, MD during a swim event on June
10, 2017. If necessary, due to inclement weather, the event will be
rescheduled to June 11, 2017. This proposed rulemaking would prohibit
persons and vessels from entering the regulated area unless authorized
by the Captain of the Port Maryland-National Capital Region or the
Coast Guard Patrol Commander. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before March 29, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0077 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 23, 2017, Charcot-Marie-Tooth Association of Trappe, MD
notified the Coast Guard that it will be conducting the swim portion of
the Oxford Biathlon from 9:30 a.m. until 10:30 a.m. on June 10, 2017,
and if necessary, due to inclement weather, from 9:30 a.m. until 10:30
a.m. on June 11, 2017. The swim consist of approximately 25
participants competing on a designated 1300-meter course that starts at
the ferry dock at Bellevue, MD and finishes at the Tred Avon Yacht Club
at Oxford, MD. Hazards from the swim competition include participants
swimming within and adjacent to the designated navigation channel and
interfering with vessels intending to operate within that channel, as
well as swimming within approaches to local public and private marinas
and public boat facilities. The COTP Maryland-National Capital Region
has determined that potential hazards associated with the swim would be
a safety concern for anyone intending to participate in this event or
for vessels that operate within specified waters of the Tred Avon River
between Bellevue, MD and Oxford, MD.
    The purpose of this rulemaking is to protect event participants,
spectators and transiting vessels on specified waters of the Tred Avon
River before, during, and after the scheduled event.
    The Coast Guard proposes this rulemaking under authority in 33
U.S.C.

1233, which authorize the Coast Guard to establish and define special
local regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish
special local regulations from 8:30 a.m. until 11:30 a.m. on June 10,
2017, and if necessary, due to inclement weather, from 8:30 a.m. until
11:30 a.m. on June 11, 2017. The regulated area would include all
navigable waters of the Tred Avon River, from shoreline to shoreline,
within an area bounded on the east by a line drawn from latitude
38[deg]42'25'' N., longitude 076[deg]10'45'' W., thence south to
latitude 38[deg]41'37'' N., longitude 076[deg]10'26'' W., and bounded
on the west by a line drawn from latitude 38[deg]41'58'' N., longitude
076[deg]11'04'' W., thence south to latitude 38[deg]41'25'' N.,
longitude 076[deg]10'49'' W., thence east to latitude 38[deg]41'25''
N., longitude 076[deg]10'30'' W., located at Oxford, MD. The duration
of the regulated area is intended to ensure the safety of event
participants and vessels within the specified navigable waters before,
during, and after the scheduled 9:30 a.m. to 10:30 a.m. swim. Except
for Oxford Biathlon participants, no vessel or person would be
permitted to enter the regulated area without obtaining permission from
the COTP Maryland-National Capital Region or the Coast Guard Patrol
Commander. The regulatory text we are proposing appears at the end of
this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on a number of these statutes and E.O.s, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small designated
area of the Tred Avon River for 3 hours. The Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
status of the regulated area. Moreover, the rule would allow vessel
operators to request permission to enter the regulated area for the
purpose of safely transiting the regulated area if deemed safe to do so
by the Coast Guard Patrol Commander.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that may negatively impact the safety of waterway users and shore side
activities within the event area. This category of marine event water
activities includes but is not limited to sail boat regattas, boat
parades, power boat racing, swimming events, crew racing, canoe and
sail board racing. Normally such

actions are categorically excluded from further review under paragraph
34(h) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist and Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35-T05-0077 to read as follows:

Sec.  100.501-T05-007  Special Local Regulation; Tred Avon River,
between Bellevue, MD and Oxford, MD.

    (a) Regulated area. The following location is a regulated area: All
navigable waters of the Tred Avon River, from shoreline to shoreline,
within an area bounded on the east by a line drawn from latitude
38[deg]42'25'' N., longitude 076[deg]10'45'' W., thence south to
latitude 38[deg]41'37'' N., longitude 076[deg]10'26'' W., and bounded
on the west by a line drawn from latitude 38[deg]41'58'' N., longitude
076[deg]11'04'' W., thence south to latitude 38[deg]41'25'' N.,
longitude 076[deg]10'49'' W., thence east to latitude 38[deg]41'25''
N., longitude 076[deg]10'30'' W., located at Oxford, MD. All
coordinates reference Datum NAD 1983.
    (b) Definitions. (1) Captain of the Port Maryland-National Capital
Region means the Commander, U.S. Coast Guard Sector Maryland-National
Capital Region or any Coast Guard commissioned, warrant or petty
officer who has been authorized by the Captain of the Port to act on
his behalf.
    (2) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the U.S. Coast Guard who has been designated by the
Commander, Coast Guard Sector Maryland-National Capital Region.
    (3) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    (4) Participant means all persons and vessels participating in the
Oxford Biathlon event under the auspices of the Marine Event Permit
issued to the event sponsor and approved by Commander, Coast Guard
Sector Maryland-National Capital Region.
    (c) Special local regulations: (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons,
including event participants, in the regulated area. When hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both. The Coast Guard Patrol Commander may terminate the
event, or the operation of any support vessel participating in the
event, at any time it is deemed necessary for the protection of life or
property.
    (2) Except for participants and vessels already at berth, all
persons and vessels within the regulated area at the time it is
implemented shall depart the regulated area.
    (3) Persons and vessels desiring to transit, moor, or anchor within
the regulated area must obtain authorization from Captain of the Port
Maryland-National Capital Region or Coast Guard Patrol Commander. Prior
to the enforcement period, vessel operators may request permission to
transit, moor, or anchor within the regulated area from Captain of the
Port Maryland-National Capital Region at telephone number<PHONE_NUMBER>
or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). During the
enforcement period, persons or vessel operators may request permission
to transit, moor, or anchor within the regulated area from the Coast
Guard Patrol Commander on Marine Band Radio, VHF-FM channel 16 (156.8
MHz) for direction.
    (4) The Coast Guard may be assisted with marine event patrol and
enforcement of the regulated area by other Federal, State, and local
agencies. The Coast Guard Patrol Commander and official patrol vessels
enforcing this regulated area can be contacted on marine band radio
VHF-FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz).
    (5) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement period. This section will be enforced from 8:30
a.m. until 11:30 a.m. on June 10, 2017, and if necessary, due to
inclement weather, from 8:30 a.m. until 11:30 a.m. on June 11, 2017.

    Dated: February 21, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2017-03757 Filed 2-24-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Notices]
[Pages 8419-8420]
[FR Doc No: 2021-02372]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34184; 812-15166]

The Advisors' Inner Circle Fund and Pathstone Family Office, LLC;
Notice of Application

February 1, 2021.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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

    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements in rule 20a-1 under the Act, Item 19(a)(3) of
Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A under the Securities Exchange Act of 1934, and sections 6-
07(2)(a), (b), and (c) of Regulation S-X (``Disclosure Requirements'').
The requested exemption would permit an investment adviser to hire and
replace certain sub-advisers without shareholder approval and grant
relief from the Disclosure Requirements as they relate to fees paid to
the sub-advisers.

Applicants:  The Advisors' Inner Circle Fund (the ``Trust''), a
Massachusetts business trust registered under the Act as an open-end
management investment company that offers the Cornerstone Advisors Core
Plus Bond Fund and the Cornerstone Advisors Global Public Equity Fund
(the ``Existing Funds''), and Pathstone Family Office, LLC (the
``Adviser''), a Delaware limited liability company that is registered
as an investment adviser under the Investment Advisers Act of 1940
(collectively with the Trust, the ``Applicants'').

Filing Dates:  The application was filed on September 29, 2020, and
amended on January 15, 2021.

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 February 25, 2021, and should be accompanied by proof of
service on the applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: The Commission<EMAIL_ADDRESS>Applicants: the
Trust<EMAIL_ADDRESS>and the Adviser, dbb7acb2b7b6b4afaf9babbaafb3a8afb4b5bef5b8b4b6 (with
a copy to sean.graber@morganlewis.com).

FOR FURTHER INFORMATION CONTACT: Christine Y. Greenlees, Senior
Counsel, at<PHONE_NUMBER>, or Lisa Reid Ragen, Branch Chief, at (202)
551-6825 (Division of Investment Management, Chief Counsel's Office).

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

Summary of the Application

    1. The Adviser will serve as the investment adviser to each Sub-
Advised Fund pursuant to an investment advisory agreement with the
Trust (the ``Investment Management Agreement'').\1\ Under the terms of
each Investment Management Agreement, the Adviser, subject to the
supervision of the board of trustees of the Trust (the ``Board'') will
provide continuous investment management of the assets of each Sub-
Advised Fund. Consistent with the terms of each Investment Management
Agreement, the Adviser may, subject to the approval of the Board,
delegate portfolio management responsibilities of all or a portion of
the assets of a Sub-Advised Fund to one or more Sub-Advisers.\2\ The
Adviser will continue to have overall responsibility for the management
and investment of the assets of each Sub-Advised Fund. The Adviser will
evaluate, select and recommend Sub-Advisers to manage the assets of a
Sub-Advised Fund and will oversee, monitor, and review the Sub-Advisers
and their performance and recommend the removal or replacement of Sub-
Advisers.
---------------------------------------------------------------------------

    \1\ Applicants request relief with respect to the named
Applicants, including the Existing Funds, as well as to any future
series of the Trust and any other registered open-end management
investment company or series thereof that: (a) Is advised by the
Adviser or any entity controlling, controlled by or under common
control with the Adviser or its successors (each, an ``Adviser'');
(b) uses the multi-manager structure described in the application;
and (c) complies with the terms and conditions set forth in the
application (each, a ``Sub-Advised Fund''). For purposes of the
requested order, ``successor'' is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \2\ A ``Sub-Adviser'' for a Sub-Advised Fund is (1) an indirect
or direct ``wholly-owned subsidiary'' (as such term is defined in
the Act) of the Adviser for that Sub-Advised Fund, or (2) a sister
company of the Adviser for that Sub-Advised Fund that is an indirect
or direct ``wholly-owned subsidiary'' of the same company that,
indirectly or directly, wholly owns the Adviser (each of (1) and (2)
a ``Wholly-Owned Sub-Adviser'' and collectively, the ``Wholly-Owned
Sub-Advisers''), or (3) not an ``affiliated person'' (as such term
is defined in section 2(a)(3) of the Act) of the Sub-Advised Fund,
the Trust, or the Adviser, except to the extent that an affiliation
arises solely because the Sub-Adviser serves as a sub-adviser to a
Sub-Advised Fund or as an investment adviser or sub-adviser to any
series of the Trust other than the Sub-Advised Funds (``Non-
Affiliated Sub-Adviser'').
---------------------------------------------------------------------------

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

    \3\ The requested relief will not extend to any sub-adviser,
other than a Wholly-Owned Sub-Adviser, who is an affiliated person,
as defined in section 2(a)(3) of the Act, of the Sub-Advised Fund or
of the Adviser, other than by reason of serving as a sub-adviser to
one or more of the Sub-Advised Funds or as an investment adviser or
sub-adviser to any series of the Trust other than the Sub-Advised
Funds (``Affiliated Sub-Adviser'').
---------------------------------------------------------------------------

    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Such terms and conditions provide for, among other safeguards,
appropriate disclosure to Sub-Advised Fund shareholders and

notification about sub-advisory changes and enhanced Board oversight to
protect the interests of the Sub-Advised Fund's shareholders.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the protection of investors and
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard
because, as further explained in the application, the Investment
Management Agreements will remain subject to shareholder approval while
the role of the Sub-Advisers is substantially equivalent to that of
individual portfolio managers, so that requiring shareholder approval
of Sub-Advisory Agreements would impose unnecessary delays and expenses
on the Sub-Advised Funds. Applicants believe that the requested relief
from the Disclosure Requirements meets this standard because it will
improve the Adviser's ability to negotiate fees paid to the Sub-
Advisers that are more advantageous for the Sub-Advised Funds.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-02372 Filed 2-4-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Page 26776]
[FR Doc No: 2020-09631]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Securities and Exchange Commission Small Business Capital Formation
Advisory Committee on Small and Emerging Companies will hold a public
meeting on Friday, May 8, 2020, via videoconference.

PLACE: The meeting will begin at 1:00 p.m. (ET) and will be open to the
public. The meeting will be conducted by remote means (videoconference)
and/or at the Commission's headquarters, 100 F Street NE, Washington,
DC 20549. Members of the public may watch the webcast of the meeting on
the Commission's website at www.sec.gov.

STATUS: This Sunshine Act notice is being issued because a majority of
the Commission may attend the meeting.

MATTERS TO BE CONSIDERED: The agenda for the meeting includes matters
relating to the effects of COVID-19 on small and emerging companies and
the rules and regulations affecting small and emerging companies.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Vanessa A. Countryman from the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: April 30, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-09631 Filed 5-1-20; 11:15 am]
 BILLING CODE 8011-01-P


U.S. ENVIRONMENTAL PROTECTION AGENCY

Office of Pesticide Programs

Biopesticides and Pollution Prevention Division (7511P)

1200 Pennsylvania Avenue NW

Washington, DC  20460

NOTICE OF PESTICIDE:

  X  	Registration

       	Reregistration

       (under FIFRA, as amended)

EPA Reg. Number:

Date of Issuance:

84185-3

Term of Issuance:

Unconditional

Name of Pesticide Product:

™ Oil Manufacturing Use Product

Name and Address of Registrant (include ZIP Code):

Plasma Power Private Limited of India

c/o OMC Ag Consulting, Inc.

828 Tanglewood Lane

East Lansing, MI 48823

Note: Changes in labeling differing in substance from that accepted in connection with this registration must be submitted to and accepted by the Biopesticides and Pollution Prevention Division prior to use of the label in commerce.  In any correspondence on this product always refer to the above EPA registration number.

On the basis of information furnished by the registrant, the above named pesticide is hereby registered/reregistered under the Federal Insecticide, Fungicide and Rodenticide Act.

Registration is in no way to be construed as an endorsement or recommendation of this product by the Agency.  In order to protect health and the environment, the Administrator, on his motion, may at any time suspend or cancel the registration of a pesticide in accordance with the Act.  The acceptance of any name in connection with the registration of a product under this Act is not to be construed as giving the registrant a right to exclusive use of the name or to its use if it has been covered by others.

This registration does not eliminate the need for continual reassessment of the pesticide.  If EPA determines at any time, that additional data are required to maintain in effect an existing registration, the Agency will require submission of such data under section 3(c)(2)(B) of FIFRA.  This product is unconditionally registered in accordance with FIFRA Sec. 3(c)(5) provided you:

Submit and/or cite all data required for registration/ re-registration of your product under FIFRA section 3(c)(5) when the Agency requires all registrants of similar products to submit such data.

Revise the EPA Registration Number to read, “EPA Reg. No. 84185-3.”

Submit two (2) copies of the final printed labeling before you release the product for shipment.  Refer to the A-79 enclosure for a further description of final printed labeling.

A stamped copy of the label is enclosed for your records.

  SEQ CHAPTER \h \r 1 Signature of Approving Official:

Keith A. Matthews, Acting Director,

Biopesticides and Pollution Prevention Division

Date:

     EPA Form 8570-6