[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Page 58971]
[FR Doc No: 2021-23150]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-126, OMB Control No. 3235-0287]

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Form 4

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Under the Exchange Act of 1934 (15 U.S.C. 78a et seq.) every person
who is directly or indirectly the beneficial owner of more than 10
percent of any class of any equity security (other than an exempted
security) which registered under Section 12 of the Exchange Act (15
U.S.C. 78l), or who is a director or any officer of the issuer of such
security (collectively ``insider''), must file a statement with the
Commission reporting their ownership. Form 4 is a statement to disclose
changes in an insider's ownership of securities. The information is
used for the purpose of disclosing the equity holdings of insiders of
reporting companies. Approximately 338,207 insiders file Form 4
annually and it takes approximately 0.5 hours to prepare for a total of
169,104 annual burden hours (0.5 hours per response x 338,207
responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom,
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Cynthia Roscoe, 100 F Street NE, Washington, DC 20549, or by
sending an email to: [email protected].

    Dated: October 19, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-23150 Filed 10-22-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Notices]
[Pages 21889-21891]
[FR Doc No: 2011-9523]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. No. 94-409), 5
U.S.C. 552b:

AGENCY HOLDING MEETING: Federal Energy Regulatory Commission.

DATE AND TIME: April 21, 2011, 10 a.m.

PLACE: Room 2C, 888 First Street, NE., Washington, DC 20426.

STATUS: Open.

MATTERS TO BE CONSIDERED: Agenda.

    * Note --  Items listed on the agenda may be deleted without
further notice.

CONTACT PERSON FOR MORE INFORMATION: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>. For a recorded message listing items struck
from or added to the meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using

the eLibrary link, or may be examined in the Commission's Public
Reference Room.

                                         969th--Meeting, Regular Meeting
                                            [April 21, 2011, 10 a.m.]
----------------------------------------------------------------------------------------------------------------
             Item No.                         Docket No.                              Company
----------------------------------------------------------------------------------------------------------------
                                                 Administrative
----------------------------------------------------------------------------------------------------------------
A-1...............................  AD02-1-000                     Agency Business Matters.
A-2...............................  AD02-7-000                     Customer Matters, Reliability, Security and
                                                                    Market Operations.
A-3...............................  AD06-3-000                     Energy Market Assessment--2010 State of the
                                                                    Markets Report.
----------------------------------------------------------------------------------------------------------------
                                                    Electric
----------------------------------------------------------------------------------------------------------------
E-1...............................  OMITTED                        .............................................
E-2...............................  OMITTED                        .............................................
E-3...............................  OMITTED                        .............................................
E-4...............................  OMITTED                        .............................................
E-5...............................  RM10-12-000                    Electricity Market Transparency Provisions of
                                                                    Section 220 of the Federal Power Act.
E-6...............................  RM11-12-000                    Availability of E-Tag Information to
                                                                    Commission Staff.
E-7...............................  RD11-4-000                     North American Electric Reliability
                                                                    Corporation.
E-8...............................  RM09-14-000                    Version One Regional Reliability Standard for
                                                                    Transmission Operations.
E-9...............................  RM09-9-000                     Version One Regional Reliability Standards
                                                                    for Facilities Design, Connections, and
                                                                    Maintenance; Protection and Control; and
                                                                    Voltage and Reactive.
E-10..............................  RM10-8-000                     Electric Reliability Organization
                                                                    Interpretations of Interconnection
                                                                    Reliability Operations and Coordination and
                                                                    Transmission Operations Reliability
                                                                    Standards.
E-11..............................  RM10-29-000                    Electric Reliability Organization
                                                                    Interpretation of Transmission Operations
                                                                    Reliability Standard.
E-12..............................  RD11-2-000                     North American Electric Reliability
                                                                    Corporation.
E-13..............................  OMITTED                        .............................................
E-14..............................  ER11-2140-000                  PJM Interconnection, L.L.C.
                                    ER11-2140-001
E-15..............................  ER10-209-000                   Commonwealth Edison Company.
                                    ER10-209-001                   Commonwealth Edison Company of Indiana, Inc.
                                    ER10-209-002
                                    EL10-12-000
                                    EL10-12-001
                                    EL10-12-002
                                    ER11-2931-000
                                    ER10-640-000                   Midwest Independent Transmission System
                                                                    Operator, Inc.
                                    ER10-640-001
E-16..............................  ER10-355-000                   AEP Appalachian Transmission Company, Inc.
                                    ER10-355-001                   AEP Indiana Michigan Transmission Company,
                                                                    Inc.
                                                                   AEP Kentucky Transmission Company, Inc.
                                                                   AEP Ohio Transmission Company, Inc.
                                                                   AEP Oklahoma Transmission Company, Inc.
                                                                   AEP Southwestern Transmission Company, Inc.
                                                                   AEP West Virginia Transmission Company, Inc.
E-17..............................  OMITTED                        .............................................
E-18..............................  EL00-95-255                    San Diego Gas & Electric Company v. Sellers
                                                                    of Energy and Ancillary Services.
                                    EL00-98-237                    Investigation of Practices of the California
                                                                    Independent System Operator and the
                                                                    California Power Exchange Corporation.
                                    EL01-10-066                    Puget Sound Energy, Inc. v. Sellers of Energy
                                                                    and/or Capacity.
                                    IN03-10-068                    Investigation of Anomalous Bidding Behavior
                                                                    and Practices in Western Markets.
                                    PA02-2-083                     Fact-Finding Investigation Into Possible
                                                                    Manipulation of Electric and Natural Gas
                                                                    Prices.
                                    EL03-137-030                   American Electric Power Service Corporation.

                                    EL03-180-059                   Enron Power Marketing, Inc. and Enron Energy
                                                                    Services Inc.
                                    ER03-746-033                   California Independent System Operator
                                                                    Corporation.
E-19..............................  TS10-2-000                     Black Hills Power, Inc.
                                    TS10-1-000                     Cross-Sound Cable Company, LLC.
                                    OA97-93-001                    The Empire District Electric Company.
                                    TS04-178-001
                                    OA11-1-000                     Golden Spread Electric Cooperative, Inc.
                                    OA11-2-000                     Golden Spread Panhandle Wind Ranch, LLC.
                                    TS09-7-000                     Muscatine Power & Water.
                                    TS09-10-000                    Northern California Power Agency
                                    OA98-7-001
                                    TS04-282-001                   Old Dominion Electric Cooperative.
                                    TS09-8-000                     Otter Tail Power Company.
                                    OA97-139-001
                                    TS10-4-000                     City of Roseville, California.
                                    TS09-9-000                     City of Santa Clara, California.
                                    EL99-4-001
                                    TS07-3-001                     Southern California Edison Company.

                                    OA08-116-001                   Wolverine Power Supply Cooperative, Inc.
                                    TS04-268-000                   Xcel Energy Services, Inc.
                                    TS04-268-001
E-20..............................  OMITTED
E-21..............................  OMITTED
E-22..............................  OMITTED
E-23..............................  ER06-356-002                   Midwest Independent Transmission System
                                                                    Operator, Inc.
E-24..............................  ER09-411-006                   Midwest Independent Transmission System
                                                                    Operator, Inc.
----------------------------------------------------------------------------------------------------------------
                                                       Gas
----------------------------------------------------------------------------------------------------------------
G-1...............................  IN07-26-004                    Brian Hunter.
G-2...............................  RP11-1538-000                  Natural Gas Supply Association, American
                                                                    Forest and Paper Association, American
                                                                    Public Gas Association, Independent
                                                                    Petroleum Association of America, and
                                                                    Process Gas Consumers Group.
G-3...............................  RP11-60-000                    Southern Natural Gas Company.
                                    RP11-60-001
G-4...............................  RP10-1410-000                  Kern River Gas Transmission Company.
----------------------------------------------------------------------------------------------------------------
                                                      Hydro
----------------------------------------------------------------------------------------------------------------
H-1...............................  P-12775-001                    City of Spearfish, South Dakota.
H-2...............................  P-13681-001                    Grand Coulee Project Hydroelectric Authority.
H-3...............................  P-2342-021                     PacifiCorp.
----------------------------------------------------------------------------------------------------------------
                                                  Certificates
----------------------------------------------------------------------------------------------------------------
C-1...............................  CP11-16-000                    Florida Gas Transmission Company, LLC.
C-2...............................  CP10-82-000                    Northern Natural Gas Company
                                                                   Southern Natural Gas Company.
                                                                   Florida Gas Transmission Company, LLC.
                                                                   Transcontinental Gas Pipe Line Company, LLC.
                                                                   Enterprise Field Services, LLC.
C-3...............................  CP11-51-000                    CenterPoint Energy-Mississippi River
                                                                    Transmission Corporation.
----------------------------------------------------------------------------------------------------------------

    Issued April 14, 2011.
Kimberly D. Bose,
Secretary.

    A free Webcast of this event is available through http://www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its Webcast. The Capitol Connection provides technical
support for the free Webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact
Danelle Springer or David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. 2011-9523 Filed 4-15-11; 11:15 am]
BILLING CODE P


[Federal Register: October 10, 2006 (Volume 71, Number 195)]
[Rules and Regulations]
[Page 59383-59385]
[DOCID:fr10oc06-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2005-MO-0005; FRL-8228-9]

Approval and Promulgation of Implementation Plans; State of
Missouri; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On July 11, 2006, EPA published a final rule approving
revisions to the Missouri State Implementation Plan (SIP). In the July
11, 2006, rule EPA inadvertently included an incorrect state effective
date for this rule and omitted part of the information in the
explanation column of the Constructions Permits Required rule. We are
making a correction to the state effective date and to the explanation
in this document.

DATES: This action is effective October 10, 2006.

FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    On July 11, 2006, EPA published a SIP revision for Missouri that
included a revision to rule 10 CSR 10-6.060. In Sec.  52.1320(c), the
portion of the table referencing Missouri Chapter 6, the State
Effective Date should have been December 30, 2004, and the Explanation
column for this rule should have included the statement ``This revision
incorporates by reference elements of EPA's NSR reform rule published
December 31, 2002. Provisions of the incorporated reform rule relating
to the Clean Unit Exemption, Pollution Control Projects, and exemption
from record keeping provisions for certain sources using the actual-to-
projected-actual emissions projections test are not SIP approved. This
revision also incorporates by reference the other provisions of 40 CFR
52.21 as in effect on July 1, 2003, which supersedes any conflicting
provisions in the Missouri rule. Section 9, pertaining to hazardous air
pollutants, is not SIP approved.'' This statement was included in the
Explanation column of the June 27, 2006 (71 FR 36489) revision to this
rule. Therefore, in this correction notice we are adding this
information to the table for Chapter 6.

    Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedures are impracticable, unnecessary, or
contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. We have
determined that there is such good cause for making today's rule final
without prior proposal and opportunity for comment because we are
merely correcting our identification of the effective date of a state
rule and reinserting an explanation which was included in a previous
action. Thus, notice and public procedure are unnecessary. We find that
this constitutes good cause under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). Because the
agency has made a good cause finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedures
Act, it is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
merely corrects an incorrect citation in a previous action, it does not
contain any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
    For the same reason, this rule also does not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes, as specified by Executive Order 13175 (65 FR 67249, November 9,
2000). This rule 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 (64
FR 43255, August 10, 1999), because it merely corrects a citation in a
State rule in a previous action implementing a Federal standard, and
does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act (CAA). This rule also
is not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
    In reviewing SIP submissions, our role is to approve State choices,
provided that they meet the criteria of the CAA. In this context, in
the absence of a prior existing requirement for the State to use
voluntary consensus standards (VCS), we have no authority to disapprove
a SIP submission for failure to use VCS. It would thus be inconsistent
with applicable law for EPA, when it reviews a SIP submission, to use
VCS in place of a SIP submission that otherwise satisfies the
provisions of the CAA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
    The Congressional Review Act (CRA), 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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. As stated
previously, we made such a good cause finding, including the reasons
therefore and established an effective date of October 10, 2006. We
will submit a report containing this rule and other required
information to the United States Senate, the United States House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This correction to
the Missouri SIP table is not a ``major rule'' as defined by 5 U.S.C.
804 et seq (2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate mater, reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

    Dated: September 27, 2006.
John Askew,
Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart AA--Missouri

0
2. In Sec.  52.1320(c) the table is amended under Chapter 6 by revising
the entry for rule ``10-6.060'' to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                    State
   Missouri citation            Title          effective date    EPA approval date            Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10-6.060..............  Construction Permits       12/30/2004  10/10/2006 [insert FR  This revision incorporates
                         Required..                             page number where      by reference elements of
                                                                the document begins].  EPA's NSR reform rule
                                                                                published December 31,
                                                                                2002. Provisions of the
                                                                                incorporated reform rule
                                                                                relating to the Clean
                                                                                Unit Exemption, Pollution
                                                                                Control Projects, and
                                                                                exemption from record
                                                                                keeping provisions for
                                                                                certain sources using the
                                                                                actual-to-projected-
                                                                                actual emissions
                                                                                projections test are not
                                                                                SIP approved. This
                                                                                revision also
                                                                                incorporates by reference
                                                                                the other provisions of
                                                                                40 CFR 52.21 as in effect
                                                                                on July 1, 2003, which
                                                                                supersedes any
                                                                                conflicting provisions in
                                                                                the Missouri rule. We are
                                                                                conditionally approving
                                                                                references to 10 CSR 10-
                                                                                6.062 contained in the
                                                                                last sentence of Section
                                                                                (1)(B) and all of section
                                                                                (1)(D). Section 9,
                                                                                pertaining to hazardous
                                                                                air pollutants, is not
                                                                                SIP approved.

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

* * * * *
 [FR Doc. E6-16700 Filed 10-6-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: September 25, 2007 (Volume 72, Number 185)]
[Notices]
[Page 54488-54489]
[DOCID:fr25se07-84]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56459; File No. SR-Amex-2007-24]

Self-Regulatory Organizations; American Stock Exchange LLC; Order
Granting Approval to a Proposed Rule Change and Amendment No. 1 Thereto
To Retroactively Amend Transaction Charges for Equities, ETFs, and
Nasdaq UTP Securities

September 18, 2007.

I. Introduction

    On February 22, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to retroactively apply a revised fee schedule to
transactions in equities, exchange-traded funds (``ETFs''), and Nasdaq
UTP securities from January 2, 2007 through February 21, 2007. On
August 10, 2007, the Exchange filed Amendment No. 1 to the proposed
rule change. The proposed rule change, as amended, was published for
comment in the Federal Register on August 17, 2007.\3\ The Commission
received no comments on the proposal. This order approves the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 56238 (August 10,
2006), 72 FR 46253.

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

II. Description of the Proposal

    Effective January 2, 2007, the Exchange adopted new transaction
charges for its members and member organizations largely relating to
the Exchange's new hybrid market trading platform (known as AEMI), the
upcoming implementation of Regulation NMS, and changes in the
competitive landscape for equities, ETFs, and Nasdaq UTP securities
(this fee schedule referred to herein as the ``January Fee
Schedule'').\4\ The Exchange has represented that it had difficulty
obtaining the data necessary to calculate an accurate bill pursuant to
the January Fee Schedule and providing that data to its clearing firms
in a timely manner so the firms could accurately pass those charges on
to their customers. For this reason, the Exchange submitted a filing on
February 22, 2007, in conjunction with this filing, to eliminate the
January Fee Schedule and revert to the schedule for transaction charges
in equities, ETFs, and Nasdaq UTP securities in effect prior to January
2, 2007 (referred to herein as the ``February Fee Schedule'').\5\ The
February Fee Schedule also included a five percent discount for
customer orders.\6\ The proposed rule change would make the February
Fee Schedule effective retroactively for the period of January 2, 2007
through February 21, 2007.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 55195 (January 30,
2007) 72 FR 5469 (February 6, 2007) (SR-Amex-2006-117).
    \5\ See Securities Exchange Act Release No. 55458 (March 13,
2007), 72 FR 13320 (March 21, 2007) (SR-Amex-2007-23).
    \6\ ``Customers'' are defined forpurposes of the fee schedule to
include all market participants except specialists and registered
traders. Therefore, customer accounts include members' off-floor
proprietary accounts and the accounts of competing market makers and
other member and non-member broker-dealers.
---------------------------------------------------------------------------

III. Discussion

    The Commission finds that the proposed rule change, as amended, is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\7\
In particular, the Commission believes that the proposal is consistent
with Section 6(b)(4) of the Act \8\ in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members. The Exchange has represented that a small number (less
than ten) of its clearing members may owe a small amount more in fees
based on the February Fee Schedule than they would have owed under the
January Fee Schedule, and that the Exchange will credit their accounts
in the amount of the additional sum owed. Thus, the retroactive
application of the February Fee Schedule will not result in an increase
in the transaction fees owed on these past transactions.\9\ Therefore,
the Commission believes the fee change to be equitable and thus
consistent with Section 6(b)(4) of the Act.\10\
---------------------------------------------------------------------------

    \7\ In approving this proposed rule change, theCommission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(4).
    \9\ Transaction fees are generally an importantfactor that a
market participant considers when routing its orders. If a market
participant had known that a higher transaction fee would apply, it
might have made different decisions about where to route.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change (File No. SR-Amex-2007-24), as
modified by Amendment No. 1, is approved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-18823 Filed 9-24-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 77 (Monday, April 22, 2019)]
[Notices]
[Pages 16736-16738]
[FR Doc No: 2019-07993]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85667; File No. SR-CboeEDGX-2019-023]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Extend the Pilot Program Related to EDGX Rule 11.16, Trading Halts Due
to Extraordinary Market Volatility, to the Close of Business on October
18, 2019

April 16, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 12, 2019, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
````EDGX'''') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe EDGX Exchange, Inc. (``EDGX'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposed rule change to extend the pilot program related to EDGX Rule
11.16, Trading Halts Due to Extraordinary Market Volatility, to the
close of business on October 18, 2019. The text of the proposed rule
change is attached as Exhibit 5[sic].
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), 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
    EDGX Rules 11.16(a) through (d), (f) and (g) describe the
methodology for determining when to halt trading in all stocks due to
extraordinary market volatility, i.e., market-wide circuit breakers.
The market-wide circuit breaker mechanism was approved by the
Commission to operate on a pilot basis, the term of which is to
coincide with the pilot period for the Plan to Address Extraordinary
Market Volatility Pursuant to Rule 608 of Regulation NMS (the ``LULD
Plan'' or ``Plan''),\5\ including any extensions to the pilot period
for the Plan. The Commission published an amendment to the LULD Plan
for it to operate on a permanent, rather than pilot, basis on December
18, 2018,\6\ and

the Commission approved that amendment on April 11, 2019.\7\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release'').
    \6\ See Securities Exchange Act Release No. 84843 (December 18,
2018), 83 FR 66464 (December 26, 2018) (Amendment No. 18 Proposing
Release).
    \7\ See Securities Exchange Act Release No. 85623 (April 11,
2018) (Federal Register publication pending) (Amendment No. 18
Approval Order).
---------------------------------------------------------------------------

    Market-wide circuit breakers provide an important, automatic
mechanism that is invoked to promote stability and investor confidence
during a period of significant stress when securities markets
experience extreme broad-based declines. All U.S. equities exchanges
have similar rules related to market-wide circuit breakers, which are
designed to slow the effects of extreme price movement through
coordinated trading halts across securities markets when severe price
declines reach levels that may exhaust market liquidity. Market-wide
circuit breakers provide for trading halts in all equities markets
during a severe market decline as measured by a single-day decline in
the S&P 500 Index.
    Pursuant to EDGX Rule 11.16, a market-wide trading halt will be
triggered if the S&P 500 Index declines in price by specified
percentages from the prior day's closing price of that index.
Currently, the triggers are set at three circuit breaker thresholds: 7%
(Level 1), 13% (Level 2) and 20% (Level 3). A market decline that
triggers a Level 1 or Level 2 circuit breaker after 9:30 a.m. ET and
before 3:25 p.m. ET would halt market-wide trading for 15 minutes,
while a similar market decline at or after 3:25 p.m. ET would not halt
market-wide trading. A market decline that triggers a Level 3 circuit
breaker, at any time during the trading day, would halt market-wide
trading for the remainder of the trading day. The Exchange proposes to
amend EDGX Rule 11.16 to untie the market-wide circuit breaker pilot
program's effectiveness from that of the LULD Plan and to extend
pilot's effectiveness to the close of business on October 18, 2019.
    In addition, the Exchange proposes to amend EDGX Rule 11.16 such
that the pilot only applies to the provisions of paragraphs (a) through
(d), (f) and (g) of EDGX Rule 11.16--i.e., the provisions related to
the market-wide circuit breaker mechanism, and not paragraph (e), which
discusses provisions implementing the LULD Plan.\8\ The Exchange is
required by the LULD Plan to establish, maintain, and enforce written
policies and procedures that are reasonably designed to comply with the
limit up-limit down and trading pause requirements specified in the
Plan. EDGX Rule 11.16(e) states that the Exchange is a Participant in
the LULD Plan, and requires that members comply with the provisions of
the Plan. Furthermore, EDGX Rule 11.16(e) describes order handling
performed by the Exchange to maintain compliance with the LULD Plan.
Specifically, the rule: (1) Provides that the System shall not display
or execute buy (sell) interest above (below) the Upper (Lower) Price
Bands, unless such interest is specifically exempted under the Plan;
(2) describes how the System re-prices and/or cancels buy (sell)
interest that is priced or could be executed above (below) the Upper
(Lower) Price Band; and (3) addresses how the Exchange would re-open a
security following a Trading Pause. With the approval of the LULD Plan
to operate on a permanent basis, the Exchange believes that the
provisions of EDGX Rule 11.16(e) should similarly be permanent, thus
ensuring continued compliance with the Plan.
---------------------------------------------------------------------------

    \8\ Paragraph (e) of EDGX Rule 11.16, which is being made
permanent, is subject to a pilot coterminous with the LULD Plan
today.
---------------------------------------------------------------------------

    The Exchange intends to file a separate proposed rule change with
the Commission to operate the provisions of paragraphs (a) through (d),
(f) and (g) of EDGX Rule 11.16 on a permanent, rather than pilot,
basis. Extending the effectiveness of such provisions to the close of
business on October 18, 2019 should provide the Commission adequate
time to consider whether to approve the Exchange's separate proposal to
operate the market-wide circuit breaker mechanism on a permanent basis.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\9\ in general, and Section
6(b)(5) of the Act,\10\ in particular, in that it is designed to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, to promote just and equitable principles of
trade, and, in general, to protect investors and the public interest
and not to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change promotes just
and equitable principles of trade in that it promotes transparency and
uniformity across markets concerning when and how to halt trading in
all stocks as a result of extraordinary market volatility. The Exchange
believes that extending the market-wide circuit breaker pilot program
for an additional six months would ensure the continued, uninterrupted
operation of a consistent mechanism to halt trading across the U.S.
markets while the Commission considers whether to approve the pilot
program on a permanent basis. The proposed rule change would thus
promote fair and orderly markets and the protection of investors and
the public interest. Based on the foregoing, the Exchange believes the
benefits to market participants from the market-wide circuit breaker
mechanism should continue on a pilot basis while the Commission
considers whether to permanently approve those rules.
    The Exchange also believes that it is consistent with the public
interest and the protection of investors to make permanent the order
handling provisions of EDGX Rule 11.16. Today, like the market-wide
circuit breaker rules, those rules are operated under a pilot that
coincides with the pilot period for the LULD Plan. Unlike the market-
wide circuit breaker rules, however, these rules directly implement the
requirements of the LULD Plan, including by implementing order handling
that is consistent with the requirements of the Plan. As such, the
Exchange believes that it is appropriate to make these rules permanent
now that the Plan is no longer operating on a pilot basis. Making these
rules permanent would ensure continued compliance by the Exchange and
its members with the requirements of the LULD Plan as the Plan
transitions to permanent status.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change implicates any competitive issues
because the proposal would ensure the continued, uninterrupted
operation of a consistent mechanism to halt trading across the U.S.
markets while the Commission considers whether to permanently approve
the market-wide circuit breaker mechanism under EDGX Rule 11.16. The
Exchange believes that FINRA and other national securities exchange
will also file similar proposals to extend their respective market-wide
circuit breaker pilot programs with the Commission so that the market-
wide circuit breaker mechanism may continue uninterrupted while the
Commission considers whether to approve its operation on a permanent
basis. Furthermore, the proposed rule change would ensure continued
compliance with the requirements of the LULD Plan as it becomes
permanent,

which the Exchange believes would not have a significant impact on
competition.

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

    No comments were solicited or received on the proposed rule change.

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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) \12\ thereunder.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission has waived this requirement.
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the Exchange
may implement the proposed rule change immediately. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because the Commission
approved making the Plan pilot permanent on April 11, 2019, and
therefore the Exchange's proposed changes to its rules reflecting that
the Plan is now permanent should go into effect immediately. Therefore,
the Commission hereby waives the 30-day operative delay and designates
the proposed rule change to be operative upon filing with the
Commission.\15\
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

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 email to [email protected]. Please include
File Number SR-CboeEDGX-2019-023 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGX-2019-023. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. 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. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information form comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-CboeEDGX-2019-023 and should
be submitted on or before May 13, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-07993 Filed 4-19-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59808-59810]
[FR Doc No: 2013-23494]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30920; Amdt. No. 3555]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective September 30, 2013. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 30, 2013.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,

    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma
City, OK. 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the, associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule '' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC on September 13, 2013.
John Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

* * * Effective 17 October 2013

Deadhorse, AK, Deadhorse, Takeoff Minimums and Obstacle DP, Amdt 3
Homer, AK, Homer, LOC/DME RWY 4, Amdt 10
Kaltag, AK, Kaltag, RNAV (GPS) RWY 3, Orig-B
Kiana, AK, Bob Baker Memorial, RNAV (GPS) RWY 6, Orig-A
Nome, AK, Nome, RNAV (GPS) RWY 10, Amdt 1
Nome, AK, Nome, RNAV (GPS) RWY 28, Amdt 1
Point Hope, AK, Point Hope, RNAV (GPS) RWY 1, Amdt 1
Point Hope, AK, Point Hope, RNAV (GPS) RWY 19, Amdt 1
Point Hope, AK, Point Hope, Takeoff Minimums and Obstacle DP, Amdt 1
San Francisco, CA, San Francisco Intl, ILS OR LOC RWY 19L, Amdt 20A
San Francisco, CA, San Francisco Intl, ILS OR LOC RWY 28L, ILS RWY
28L (SA CAT II), Amdt 24A
San Francisco, CA, San Francisco Intl, RNAV (GPS) RWY 19L, Amdt 2A
Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, ILS OR LOC RWY
10L, Amdt 23
Jacksonville, FL, Jacksonville Intl, RNAV (RNP) Y RWY 8, Orig-A
Jacksonville, FL, Jacksonville Intl, RNAV (RNP) Y RWY 14, Orig-A
Jacksonville, FL, Jacksonville Intl, RNAV (RNP) Y RWY 32, Amdt 1
Ormond Beach, FL, Ormond Beach Muni, RNAV (GPS) RWY 8, Amdt 1
Ormond Beach, FL, Ormond Beach Muni, RNAV (GPS) RWY 17, Amdt 1

Ormond Beach, FL, Ormond Beach Muni, RNAV (GPS) RWY 26, Amdt 1
Panama City, FL, Northwest Florida Beaches Intl, RNAV (GPS) RWY 34,
Amdt 2A
St Petersburg-Clearwater, FL, St Petersburg-Clearwater Intl, VOR/
DME-B, Orig
Valdosta, GA, Valdosta Rgnl, RNAV (GPS) RWY 4, Amdt 1
Valdosta, GA, Valdosta Rgnl, RNAV (GPS) RWY 17, Amdt 2
Chicago, IL, Chicago O'Hare Intl, ILS OR LOC RWY 10C, ILS RWY 10C
(SA CAT I), ILS RWY 10C (CAT II), ILS RWY 10C (CAT III), Orig
Chicago, IL, Chicago O'Hare Intl, ILS OR LOC RWY 28C, ILS RWY 28C
(SA CAT I), ILS RWY 28C (CAT II), ILS RWY 28C (CAT III), Orig
Chicago, IL, Chicago O'Hare Intl, RNAV (GPS) RWY 10C, Orig
Chicago, IL, Chicago O'Hare Intl, RNAV (GPS) RWY 28C, Orig
Peoria, IL, Mount Hawley Auxiliary, RNAV (GPS) RWY 18, Amdt 1
Kendallville, IN, Kendallville Muni, VOR/DME-A, Orig-A, CANCELED
Cumberland, MD, Greater Cumberland Rgnl, RNAV (GPS) RWY 5, Amdt 1A
Hagerstown, MD, Hagerstown Rgnl-Richard A Henson Fld, RNAV (GPS) RWY
9, Amdt 1
Hagerstown, MD, Hagerstown Rgnl-Richard A Henson Fld, Takeoff
Minimums and Obstacle DP, Amdt 6
Lapeer, MI, Dupont-Lapeer, RNAV (GPS) RWY 18, Orig
Lapeer, MI, Dupont-Lapeer, RNAV (GPS) RWY 36, Orig
Elbow Lake, MN, Elbow Lake Muni--Pride of the Prairie, RNAV (GPS)
RWY 14, Orig
Elbow Lake, MN, Elbow Lake Muni--Pride of the Prairie, RNAV (GPS)
RWY 32, Orig
Elbow Lake, MN, Elbow Lake Muni--Pride of the Prairie, Takeoff
Minimums and Obstacle DP, Orig
Marks, MS, Selfs, RNAV (GPS) RWY 2, Amdt 1
Marks, MS, Selfs, RNAV (GPS) RWY 20, Amdt 1
Fayetteville, NC, Fayetteville Rgnl/Grannis Field, ILS OR LOC/DME
RWY 4, Amdt 17
Binghamton, NY, Greater Binghamton/Edwin A Link Field, ILS OR LOC
RWY 34, Amdt 4
New York, NY, La Guardia, ILS OR LOC RWY 4, Amdt 36
Poughkeepsie, NY, Dutchess County, Takeoff Minimums and Obstacle DP,
Amdt 2
Mc Alester, OK, Mc Alester Regional, VOR-A, Amdt 13A, CANCELED
Weatherford, OK, Thomas P Stafford, RNAV (GPS) RWY 35, Amdt 1A
Mount Pocono, PA, Pocono Mountains Muni, VOR/DME RWY 13, Amdt 8
Pittsburgh, PA, Pittsburgh Intl, ILS OR LOC RWY 32, Amdt 13A
Sterling, PA, Spring Hill, RNAV (GPS)-A, Amdt 1
Sterling, PA, Spring Hill, VOR-B, Orig, CANCELED
Sterling, PA, Spring Hill, VOR/DME-B, Orig
Wilkes-Barre, PA, Wilkes-Barre Wyoming Valley, RNAV (GPS) RWY 25,
Orig-A
Wilkes-Barre/Scranton, PA, Wilkes-Barre/Scranton Intl, ILS OR LOC/
DME RWY 4, Amdt 37
Wilkes-Barre/Scranton, PA, Wilkes-Barre/Scranton Intl, ILS OR LOC/
DME RWY 22, Amdt 8
Wilkes-Barre/Scranton, PA, Wilkes-Barre/Scranton Intl, RNAV (GPS)
RWY 4, Amdt 1
Wilkes-Barre/Scranton, PA, Wilkes-Barre/Scranton Intl, RNAV (GPS)
RWY 22, Amdt 1
Wilkes-Barre/Scranton, PA, Wilkes-Barre/Scranton Intl, Takeoff
Minimums and Obstacle DP, Amdt 3
Cheraw, SC, Cheraw Muni/Lynch Bellinger Field, RNAV (GPS) RWY 26,
Amdt 1
Cheraw, SC, Cheraw Muni/Lynch Bellinger Field, VOR/DME RWY 8, Amdt 3
Walterboro, SC, Lowcountry Rgnl, ILS OR LOC/DME RWY 23, Amdt 1A
Knoxville, TN, Knoxville Downtown Island, RNAV (GPS) RWY 26, Orig-A
Brookneal, VA, Brookneal/Campbell County, Takeoff Minimums and
Obstacle DP, Amdt 1
Brookneal, VA, Brookneal/Campbell County, VOR/DME-A, Amdt 2
Norfolk, VA, Norfolk Intl, RNAV (GPS) RWY 32, Orig-C
Bennington, VT, William H. Morse State, RNAV (GPS) RWY 13, Orig-C

* * * Effective 14 November 2013

Washington, DC, Washington Dulles Intl, VOR/DME RWY 12, Amdt 9A
New Orleans, LA, Louis Armstrong New Orleans Intl, RADAR-1, Amdt
17A, CANCELED

[FR Doc. 2013-23494 Filed 9-27-13; 8:45 am]
BILLING CODE 4910-13-P


                                 ATTACHMENT A
                              Consultation Notes
 Bio-Aquatic Testing, Inc. Response [LABORATORY]
 The interviewee is the Owner, Vice President of Bio-Aquatic Testing, Inc.
 The interviewee confirmed this his company provides laboratory-testing services to manufacturers who plan to submit a product to EPA for listing on the NCP Product Schedule.
 The interviewee is familiar with existing protocols; and has reviewed the pending protocols several times.
 The interviewee confirmed his company received approximately 12-15 Subpart testing requests over the last 5 years.
 The interviewee provided costs for the following tests:
 Toxicity Test - $4,000
 Swirling Flask Dispersant Effectiveness Test - $4,500
 Bioremediation Effectiveness Test - $18,000
 The interviewee uses a Time & Materials pricing structure and outside services for GCMS.

 Green Earth Naturally, LLC Response [MANUFACTURER]
 The interviewee is an Environmental Specialist and Business Development Manager for Green Earth Naturally, LLC.
 The interviewee confirmed his company has submitted required information to EPA for listing a product on the NCP Product Schedule.
 The interviewee is familiar with NCP Subpart J Product Schedule listing requirements, no review necessary.
 The interviewee submitted one product for listing as a bioremediation agent.
 The interviewee stated that from time of market analysis to time of listing, the total duration of effort was from October 2016 through April 2, 2018 (date of listing letter).
 Interviewee stated the Bioremediation Agent effectiveness testing services cost $18,000.
 Interviewee claimed burden hours in Table 1 as not representative of his personal experience. Specifically, he provided the following discrepancies:

               Exhibit 1: Data Items Required Under NCP Subpart J

                              RESPONSE DATA ITEMS
                                  BURDEN HOURS
                 Bioremediation Agent  -  Manufacturer Response
 Name, brand, or trademark, if any, under which the product is sold
                                    0 to 0.5
 Concurred with high end of EPA estimate.
 Name, address, and telephone number of the manufacturer, importer or vendor

 Name, address and telephone number of primary distributors or sales outlets

 Special handling information and worker precautions for storage and field application, including maximum and minimum storage temperatures
                                    0.5 to 1
 Product Safety Data Sheet (SDS) not compatible with data item. Cited 3 days and 2 people to compile the data
 Shelf life information
                                    0 to 0.5
 Concurred with high end of EPA estimate.
 Recommended application procedures, concentrations, and conditions for use
                                    0.5 to 1
 Cited 3 to 6 days and 2 people to compile the data.
 Results of the effectiveness test set forth in Appendix C of the NCP
                                   2.0 to 5.0
 Cited significant delays in receipt of lab results due to requests for revised lab reports to correct errors. Mr. Carroll did counter that if the reports coming in from the lab were correct, the burden estimated (2.0 to 5.0 hours) for completing the response item may be appropriate.
 Result of the toxicity test set forth in Appendix C of the NCP
                                   2.0 to 5.0
                                  Not required
 Physical properties covered by the American Society for Testing and Materials (ASTM) reference standards
                                    0.5 to 1
                                  Not required
 Test results for distinguishing surface collecting agents from other chemical agents
                                    0.5 to 1
                                  Not required
 List of product components
                                   2.0 to 5.0
 Cited 2 days to compile the data.
 The concentrations or upper limits of any heavy metals, cyanide, and chlorinated hydrocarbons
                                    0.5 to 1
                                  Not required
 Information on microbiological cultures, enzyme additives, and nutrient additives
                                   2.0 to 5.0
 Cited difficulties procuring a lab to test for pathogens, took 1 week to 10 days to find a lab and respond to EPA's request for data.
 Identity of laboratory performing tests, the qualifications of the laboratory staff, and laboratory experience with similar tests
                                   2.0 to 5.0
 Concurred with EPA estimate.

 JACOR, LLC Response [MANUFACTURER]
 The interviewee is the CEO of and product inventor for JACOR, LLC.
 The interviewee confirmed her company has submitted required information to EPA for listing a product on the NCP Product Schedule.
 The interviewee is familiar with NCP Subpart J Product Schedule listing requirements, no review necessary.
 The interviewee submitted one product for listing as a bioremediation agent.
 The interviewee responded to the request for an interview; however, she did not have time for a formal discussion. The respondent stated EPA's burden estimates in Table 1 were far less than her personal experience. Over an 18-month period, she provided three data resubmissions to comply with Subpart J requirements. Interviewee noted the testing costs for bioremediation agents were "prohibitive for a small company  -  nearly $20,000." Although she found the process frustrating and lengthy, she did "understand that the details, the laboratory reports, the process has a specific purpose for compliance with current regulations, yet we felt somewhat discriminated against as a small business who had never undertaken such an exercise with these government programs."

 AGS Solutions, Inc. Response [MANUFACTURER]
 The interviewee is the President of AGS Solutions, Inc.
 The interviewee confirmed her company has submitted required information to EPA for listing a product on the NCP Product Schedule.
 The interviewee is familiar with NCP Subpart J Product Schedule listing requirements, no review necessary.
 The interviewee submitted three products for listing under the dispersant (one) and surface washing agent (two) categories.

 The interviewee cited burden hours in Tables 1 as not reflective of the time spent collecting and inputting the information. The interviewee assessed the total burden as 5 months from reading the rule to receiving the listing; and does consider the entire process as part of the burden estimate. Specifically, she cited the following discrepancies:
 Understanding Subpart J  -  Spent 1 week reading Subpart J in attempts to understand the data requirements (recommended EPA develop a flow chart, with timelines, to assist with following the regulation).
 Request for Assistance  -  Spent 1 week trying to locate a point of contact to answer questions.
 Finding a Lab  -  Spent 1-2 weeks locating a lab. Interviewee used a known lab to her business  -  Smith-Chem. EPA reviewed the labs qualifications and accepted test results [required equipment to perform swirling flask test available, full understanding of Subpart J testing requirements, and experience with testing during rule development process].
 Testing  -  Lab had sample for 2 weeks. Interviewee considers wait time dealing with labs as part of the burden.
 Effectiveness test set forth in Appendix C of the NCP  -  Passed effectiveness threshold on first test run.
 Toxicity test set forth in Appendix C of the NCP  -  No issues.
 Completing Data Requirements  -  Spent 2 weeks filling out the technical data summary.
 Preparing Application  -  Spent 1 week writing the cover letter.


[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Pages 47488-47489]
[FR Doc No: 2021-18215]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Number: PR21-60-000.
    Applicants: Hope Gas, Inc.
    Description: Submits tariff filing per 284.123(b),(e)+(g): HGI-2020
WV PSC Base Rate Case to be effective 7/28/2021.
    Filed Date: 8/12/2021.
    Accession Number: 20210812-5018.
    Comments Due: 9/2/2021.

    Docket Number: RP21-901-001.
    Applicants: Fieldwood Energy LLC, Fieldwood Energy Offshore LLC,

Fieldwood Energy SP LLC, Mako Buyer LLC.
    Description: Revision to Joint Petition of Fieldwood Energy LLC,
et. al. for Limited Waivers and Request for Expedited Action and
Shortened Comment Period.
    Filed Date: 8/12/21.
    Accession Number: 20210812-5161.
    Comments Due: 5 pm ET 8/24/21.

    Docket Numbers: RP21-1036-000.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements
Filing--Woodriver Energy LLC to be effective 8/17/2021.
    Filed Date: 8/17/21.
    Accession Number: 20210817-5014.
    Comment Date: 5 pm ET 8/30/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 18, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-18215 Filed 8-24-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Pages 29394-29396]
[FR Doc No: 2012-11930]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30063; 812-13846]

Van Eck VIP Trust, et al.; Notice of Application

May 10, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application to amend a prior order under section
12(d)(1)(J) of the Investment Company Act of 1940 (``Act'') for an
exemption from sections 12(d)(1)(A) and (C) of the Act.

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Applicants: Van Eck VIP Trust (f/k/a Van Eck Worldwide Insurance Trust)
(``VIP''), Van Eck Funds, Market Vectors ETF Trust (each, a ``Trust''
and collectively, the ``Trusts''), and Van Eck Associates Corporation
(the ``Adviser'').

Summary of the Application: Applicants previously obtained an order
(``Prior Order'') permitting certain registered open-end management
investment companies to acquire shares of other registered open-end
management investment companies and unit investment trusts that are
within and outside the same group of investment companies in excess of
the limits imposed by sections 12(d)(1)(A) and 12(d)(1)(B) of the
Act.\1\ Applicants request an order (``Order'') that would amend the
Prior Order by also permitting such registered open-end management
investment companies to acquire shares of registered closed-end
investment companies and business development companies as defined by
section 2(a)(48) of the Act (``business development companies,'' and,
collectively with registered closed-end investment companies, ``Closed-
End Funds'') that are within and outside the same group of investment
companies in excess of the limits imposed by sections 12(d)(1)(A) and
12(d)(1)(C) of the Act.
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    \1\ In the Matter of Van Eck Worldwide Insurance Trust, et al.,
Investment Company Act Release Nos. 27820 (May 9, 2007) (notice) and
27849 (June 1, 2007) (order). Van Eck Funds, Inc. was a party to the
application for the Prior Order but is not among the applicants for
the Application (as defined below) because Van Eck Funds, Inc. was
deregistered on June 25, 2008 (under the name Van Eck Funds II,
Inc.).

Filing Dates: The application was filed on November 16, 2010, and
amended on May 10, 2011, November 18, 2011, March 15, 2012, and May 7,
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2012.

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 June 4, 2012, and should be accompanied by proof of service on
applicants in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, the reason for the request, and the issues contested. Persons
who wish to be notified of a hearing may request notification by
writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants,
335 Madison Avenue 19th Floor, New York, New York 10017.

FOR FURTHER INFORMATION CONTACT: Jill Ehrlich, Senior Counsel, at (202)
551-6819, or David P. Bartels, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

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

Applicants' Representations

    1. Each Trust is registered under the Act as an open-end management
investment company. The shares of each series of VIP currently are
offered and sold through registered separate accounts of insurance
companies that are not affiliates of the Adviser (``Registered Separate
Accounts'') and unregistered separate accounts of insurance companies
that are not affiliates of the Adviser (``Unregistered Separate
Accounts'' and, together with the Registered Separate Accounts, the

``Separate Accounts'').\2\ The Adviser is registered with the
Commission as an investment adviser under the Investment Advisers Act
of 1940 and is the investment adviser for each of the Funds (as defined
below).
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    \2\ Capitalized terms not otherwise defined in this notice have
the same meaning ascribed to them in the application for the Order
(``Application''). To ensure that the Closed-End Funds are covered
by the terms and conditions of the Prior Order, as amended by the
Application, applicants have proposed modifying the terms
``Affiliated Underlying Funds,'' ``Unaffiliated Underlying Funds''
and ``Unaffiliated Funds'' to include relevant Closed-End Funds.
---------------------------------------------------------------------------

    2. The Prior Order permits certain series of the Trusts (``Funds'')
to operate as funds of funds (``Funds of Funds'') that will invest in
other Funds that are part of the same ``group of investment companies''
(as defined in section 12(d)(1)(G) of the Act) as the Fund of Funds and
also in other registered open-end management investment companies and
unit investment trusts that are not part of the same group of
investment companies (as defined in section 12(d)(1)(G) of the Act) as
the Fund of Funds.\3\ Applicants request an Order under section
12(d)(1)(J) that would amend the Prior Order by also permitting the
Funds of Funds to invest in excess of the limits imposed by sections
12(d)(1)(A) and 12(d)(1)(C) of the Act in securities issued by Closed-
End Funds that may or may not be part of the same group of investment
companies \4\ as the Fund of Funds.\5\
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    \3\ Each Fund of Funds will comply with the terms and conditions
of the Prior Order, as amended by the Application. All entities that
currently intend to rely on the requested Order have been named as
applicants and any other entity that relies on the Order in the
future will comply with the terms and conditions of the Application.
Applicants request that the relief also apply to any other existing
or future registered open-end management investment company that is
part of the same group of investment companies, as defined in
section 12(d)(1)(G) of the Act, as the Funds.
    \4\ For purposes of the Application, the term ``group of
investment companies'' means any two or more registered investment
companies, including closed-end investment companies, that hold
themselves out to investors as related companies for purposes of
investment and investor services.
    \5\ With respect to investments in business development
companies, applicants only seek an exemption from section
12(d)(1)(A) of the Act, not section 12(d)(1)(C). Applicants state
that, for purposes of the Application, investments in business
development companies do not present any particular considerations
or concerns that may be different from those presented by
investments in registered closed-end investment companies.
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Applicants' Legal Analysis

    1. Section 12(d)(1)(A) of the Act prohibits a registered investment
company from acquiring shares of an investment company if the
securities represent more than 3% of the total outstanding voting stock
of the acquired company, more than 5% of the total assets of the
acquiring company, or, together with the securities of any other
investment companies, more than 10% of the value of the total assets of
the acquiring company. Section 12(d)(1)(C) prohibits an investment
company from acquiring any security issued by a registered closed-end
investment company if such acquisition would result in the acquiring
company, any other investment companies having the same investment
adviser, and companies controlled by such investment companies,
collectively, owning more than 10% of the outstanding voting stock of
the registered closed-end investment company.
    2. Section 12(d)(1)(J) of the Act provides that the Commission may
exempt any person, security, or transaction, or any class or classes of
persons, securities or transactions, from any provision of section
12(d)(1) if the exemption is consistent with the public interest and
the protection of investors.
    3. Applicants state that the terms and conditions of the Prior
Order would largely address the concerns underlying section 12(d)(1)
with respect to the acquisition by a Fund of Funds of shares of Closed-
End Funds, which include concerns about undue influence by a fund of
funds over underlying funds, excessive layering of fees, and overly
complex fund structures. For example, applicants state that, pursuant
to condition 8 of the Prior Order, as amended, prior to an investment
in shares of a Closed-End Fund in excess of the limit in section
12(d)(l)(A)(i), the Fund of Funds and the Closed-End Fund will execute
a Participation Agreement. Applicants also state that an Unaffiliated
Fund (including a Closed-End Fund) would retain its right to reject any
initial investment by a Fund of Funds in excess of the limits in
section 12(d)(1)(A)(i) of the Act by declining to execute the
Participation Agreement with the Fund of Funds. In addition, applicants
state that, subject solely to the giving of notice to the Fund of Funds
and the passage of a reasonable notice period, an Unaffiliated Fund
(including a Closed-End Fund) could terminate a Participation Agreement
with the Fund of Funds.
    4. Furthermore, applicants believe that a Fund of Fund's
investments in Closed-End Funds raise less potential for a fund to
exercise undue influence over the management and operation of an
Underlying Fund through the threat of large scale redemptions.
Applicants state that this concern is not applicable to a Fund of
Funds' investments in Closed-End Funds because Closed-End Funds do not
issue redeemable securities. Rather, applicants state that sales will
only be effected through transactions in the secondary market.\6\
Applicants state that, because these sales would not require the
Closed-End Fund to alter its investments or deplete its assets, a Fund
of Funds should not be able to influence the management or operation of
a Closed-End Fund through threats of sales of shares.
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    \6\ Applicants note that a Fund of Funds would purchase and sell
shares of a Closed-End Fund through secondary market transactions at
market prices rather than through principal transactions with the
Closed-End Fund at net asset value. Applicants are not requesting
section 17(a) relief to acquire shares of Closed-End Funds and will
not rely on the section 17(a) relief granted in the Prior Order for
such purpose.
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    5. However, applicants state that there may be a greater
opportunity for a Fund of Funds to exercise influence over the
management and operations of a Closed-End Fund through voting power
than is the case with respect to open-end funds. To address this
concern, applicants submit that, with respect to a Fund of Funds'
investment in an Unaffiliated Underlying Fund that is a Closed-End
Fund, (i) each member of the Group or the Subadviser Group that is an
investment company or an issuer that would be an investment company but
for section 3(c)(1) or 3(c)(7) of the Act will vote its shares of the
Closed-End Fund in the manner prescribed by section 12(d)(1)(E) of the
Act and (ii) each other member of the Group or the Subadviser Group
will vote its shares of the Closed-End Fund in the same proportion as
the vote of all other holders of the same type of such Closed-End
Fund's shares (except that any member of the Group or Subadviser Group
that is a Separate Account will instead be subject to the voting
procedures described in Condition 1 below). Applicants state that this
would preclude the Group and Subadviser Group from influencing the
management or operation of a Closed-End Fund, including the outcome of
a shareholder proposal, through voting by a Fund of Funds of shares.
    6. Accordingly, applicants believe that the requested exemption is
consistent with the public interest and the protection of investors.

Applicants' Conditions

    Applicants agree that the Order granting the requested relief would
be subject to the same conditions as those imposed by the Prior Order,
except for condition 1 to the Prior Order, which would be revised as
follows:
    The members of the Group will not control (individually or in the
aggregate) an Unaffiliated Underlying Fund within

the meaning of section 2(a)(9) of the Act. The members of a Subadviser
Group will not control (individually or in the aggregate) an
Unaffiliated Underlying Fund within the meaning of section 2(a)(9) of
the Act. With respect to a Fund of Funds' investment in an Unaffiliated
Underlying Fund that is a Closed-End Fund (i) each member of the Group
or the Subadviser Group that is an investment company or an issuer that
would be an investment company but for section 3(c)(1) or 3(c)(7) of
the Act will vote its shares of the Closed-End Fund in the manner
prescribed by section 12(d)(1)(E) of the Act and (ii) each other member
of the Group or the Subadviser Group will vote its shares of the
Closed-End Fund in the same proportion as the vote of all other holders
of the same type of such Closed-End Fund's shares (except that any
member of the Group or Subadviser Group that is a Separate Account will
instead be subject to the voting procedures described below). If, as a
result of a decrease in the outstanding voting securities of any other
Unaffiliated Underlying Fund, the Group or a Subadviser Group, each in
the aggregate, becomes a holder of more than 25% of the outstanding
voting securities of such Unaffiliated Underlying Fund, then the Group
or the Subadviser Group (except for any member of the Group or
Subadviser Group that is a Separate Account) will vote its shares of
the Unaffiliated Underlying Fund in the same proportion as the vote of
all other holders of the Unaffiliated Underlying Fund's shares. This
condition will not apply to a Subadviser Group with respect to an
Unaffiliated Underlying Fund for which the Fund of Funds Subadviser or
a person controlling, controlled by or under common control with the
Fund of Funds Subadviser acts as the investment adviser within the
meaning of section 2(a)(20)(A) of the Act (in the case of an
Unaffiliated Fund) or the sponsor (in the case of an Unaffiliated
Trust).
    A Registered Separate Account will seek voting instructions from
its contract holders and will vote its shares of an Unaffiliated
Underlying Fund in accordance with the instructions received and will
vote those shares for which no instructions were received in the same
proportion as the shares for which instructions were received. An
Unregistered Separate Account will either (a) vote its shares of the
Unaffiliated Underlying Fund in the same proportion as the vote of all
other holders of the Unaffiliated Underlying Fund's shares or (b) seek
voting instructions from its contract holders and vote its shares in
accordance with the instructions received and vote those shares for
which no instructions were received in the same proportion as the
shares for which instructions were received.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-11930 Filed 5-16-12; 8:45 am]
BILLING CODE 8011-01-P