[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Notices]
[Pages 13370-13373]
[FR Doc No: 2014-04399]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

Requirements for the DOT Data Innovation Challenge

AGENCY: U.S. Department of Transportation, Office of the Secretary of
Transportation.

ACTION: Notice .

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    Authority:  15 U.S.C. 3719 (America COMPETES Act).

    Award Approving Official: Anthony Foxx, Secretary of
Transportation.

SUMMARY: Informed decision making, based on sound data and analysis is
a cornerstone of crafting effective transportation policies and guiding
efficient investment decisions with scarce public resources. Web-based
tools, visualizations, and mobile applications can help uncover
actionable information for making better informed decisions--both by
the public and policy makers. This challenge will focus on developing
tools to address three areas: (1) Safety, (2) Transportation Access,
and (3) Traffic Management and Congestion.
    Do you have what it takes to create innovative tools to address our
Nation's transportation challenges or revolutionize the way Americans
see and understand the transportation system they use every day? The
United States Department of Transportation (U.S. DOT) wants to see what
you can do!

DATES: Entries must be submitted by 5:00 p.m. on April 30, 2014

FOR FURTHER INFORMATION CONTACT: Stephanie Gidigbi,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Subject of Challenge Competition: Your challenge is to create a
web-based tool, data visualization, mobile app, or other innovative use
of technology to address systemic challenges by accessing publicly-
available Federal and/or local DOT datasets. The application/tool will
help the public and policy makers understand

transportation challenges in three main areas:
     Safety--develop tools to address and/or identify safety
concerns and challenges
     Transportation Access--develop tools to show how
transportation connects people to jobs, school, housing, and community
resources
     Traffic Management and Congestion--develop tools to
understand and reduce traffic and congestion
    Eligibility: The Challenge is open only to: (1) Persons who are at
least eighteen (18) years old at the time of entry who are either
citizens or legal residents of the United States; (2) teams of eligible
individuals; and (3) corporations or organizations, including nonprofit
organizations, that are incorporated in the United States (including
the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam,
and American Samoa). Individuals submitting entries on behalf of
corporations, nonprofit or groups of individuals (such as an academic
class or other team) must meet the eligibility requirements for
individual contestants. An individual may join more than one team,
corporation or nonprofit organization. Candidates may not be a Federal
entity or Federal employee acting within the scope of employment.
Employees of the U.S. Department of Transportation are not eligible.
The Challenge is subject to all applicable federal laws and
regulations. Participation constitutes Contestant's full and
unconditional agreement to these Official Rules and administrative
decisions, which are final and binding in all matters related to the
Challenge. Eligibility for a prize award is contingent upon fulfilling
all requirements set forth herein.
    The following additional rules apply:
    1. All decisions by the U.S. DOT are final and binding in all
matters related to the challenge. Potential winners must continue to
comply with all terms and conditions of these Official Rules and
winning is contingent upon fulfilling all requirements. The potential
winners will be notified by email, telephone, or mail after the date of
the judging. The potential winner(s) will be required to sign and
return to U.S. DOT, within ten (10) days of the date notice is sent, an
Affidavit of Eligibility and Liability/Publicity Release (except where
prohibited) in order to claim any recognition. In the event that a
potential winner of a Challenge recognition is disqualified for any
reason, U.S. DOT may award the applicable recognition to an alternate
winner. Submission Rights. Each Contestant grants to the U.S. DOT and
others acting on behalf of the U.S. DOT, a royalty-free non-exclusive
worldwide license to use, copy for use, distribute, perform publicly,
and display publicly all parts of the Submission for the purposes of
the Challenge until one year after the announcement of winners. This
license includes posting or linking to the Submission on the official
U.S. DOT Web site and making it available for use by the public.
    2. Entry Conditions and Release. By entering, each Contestant
agrees to: (a) Comply with and be bound by these Official Rules and the
decisions of the U.S. DOT and/or the Challenge judges which are binding
and final in all matters relating to this Challenge; (b) release and
hold harmless the U.S. DOT and the Federal Government and its related
entities, including any other organizations responsible for sponsoring,
fulfilling, administering, advertising or promoting the Challenge, and
all of their respective past and present officers, directors,
employees, agents and representatives (collectively, the ``Released
Parties'') from and against any and all claims, expenses, and
liability, whether direct or indirect, including but not limited to
negligence and damages of any kind to persons and property, including
but not limited to invasion of privacy (under appropriation, intrusion,
public disclosure of private facts, false light in the public eye or
other legal theory), defamation, slander, libel, violation of right of
publicity, infringement of trademark, copyright or other intellectual
property rights, property damage, a third party's unauthorized use of
the Submission beyond the one-year license granted in the Submission
rights, loss of profits, or death or personal injury arising out of or
relating to a Contestant's entry, creation of an entry or submission of
an entry, participation in the Challenge, acceptance or use or misuse
of prize (including any travel or activity related thereto) and/or the
broadcast, transmission, performance, exploitation or use of entry;
and, (c) indemnify, defend and hold harmless the U.S. DOT against any
and all claims, expenses, and liabilities (including reasonable
attorney's fees) arising out of or relating to a Contestant's
participation in the Challenge and/or Contestant's acceptance, use or
misuse of a prize or recognition.
    3. Publicity. Except where prohibited, participation in the
Challenge constitutes Contestant's consent to U.S. DOT's and its
agents' use of Contestant's name, likeness, photograph, voice,
opinions, and/or hometown and state for promotional purposes in any
media, worldwide, without further payment or consideration.
    4. General Conditions. The U.S. DOT reserves the right to cancel,
suspend and/or modify the Challenge, or any part of it for any reason,
including if any fraud, technical failures or any other factor beyond
the U.S. DOT's reasonable control impairs the integrity or proper
functioning of the Challenge, as determined by the U.S. DOT in its sole
discretion. The U.S. DOT reserves the right, in its sole discretion, to
disqualify any individual or Contestant it finds to be tampering with
the entry process or the operation of the Challenge or to be acting in
violation of these Official Rules or any other promotion or in a
disruptive manner. Any attempt by any person to deliberately undermine
the legitimate operation of the Challenge may be in violation of
criminal and civil law, and, should such an attempt be made, the U.S.
DOT reserves the right to seek damages from any such person to the
fullest extent permitted by law. The U.S. DOT's failure to enforce any
term of these Official Rules shall not constitute a waiver of that
provision. The U.S. DOT is not responsible for, nor are they required
to count, incomplete, late, misdirected, damaged, unlawful or illicit
votes, including those secured through payment, votes achieved through
automated means or by registering more than one email account and name,
using another Contestant's email account and name, as well as those
lost for technical reasons or otherwise.
    5. Limitations of Liability. The Released Parties are not
responsible for: (1) Any incorrect or inaccurate information, whether
caused by Contestants, printing errors or by any of the equipment or
programming associated with or utilized in the Challenge; (2) technical
failures of any kind, including, but not limited to malfunctions,
interruptions, or disconnections in phone lines or network hardware or
software; (3) unauthorized human intervention in any part of the entry
process or the Challenge; (4) technical or human error which may occur
in the administration of the Challenge or the processing of entries;
or, (5) any injury or damage to persons or property which may be
caused, directly or indirectly, in whole or in part, from Contestant's
participation in the Challenge or receipt or use or misuse of any
prize. If for any reason a Contestant's entry is confirmed to have been
erroneously deleted, lost, or otherwise destroyed or corrupted,
Contestant's sole remedy is another entry in the Challenge. No more
than

the stated number of prizes will be awarded.
    6. Original Work, Plagiarism, and Copyright. Contestant(s) warrants
that he or she or they is/are the sole author and owner of the
Submission, and that the Submission is wholly original with the
Contestant, and that it does not infringe any copyright or any other
rights of any third party of which Contestant is aware.
    7. PRIVACY. Any personal information provided to the U.S. DOT and
ChallengePost by registering or submitting through the U.S. DOT
electronic mail system is used only to communicate on matters regarding
the submission and/or the Challenge. Information is not collected for
commercial marketing. Candidates may not be a Federal entity or Federal
employee acting within the scope of employment.
    At least one individual from each team may travel to Washington,
DC, to accept the award. Only the individual who makes the submission
on behalf of an organization may receive the award. The submitting
individual may designate, within 10 business days following
notification of award, another person to whom to re-direct the award.

Submission Requirements

    Your submission is due by 5:00 p.m. ET, on Wednesday, April 30,
2014. Your submission must use publicly available data. You must not
provide any information that is a trade secret or confidential business
information. Federal DOT datasets are available at http://www.dot.gov/data and other Federal data can be found at http://catalog.data.gov. In
addition, some state and local data can be found at http://states.data.gov, http://counties.data.gov, or http://cities.data.gov.
You may use any other publically available data sets as well.
    A submission package will consist of the following:
    A full description of the application, device, product, or
visualization tool (the ``Concept'') that addresses at least one of the
three challenges outlined above for this specific challenge (Safety,
Transportation Access, Traffic Management and Congestion) with elements
outlined in the Submission Content Below (not to exceed 6000 words):
    i. Description of the user or users;
    ii. Explanation of the Concept's value to the user and society as a
whole;
    iii. Description of the conditions under which the Concept is
useful;
    iv. Description of the ways in which the Concept is innovative: how
it differs from past and current practices, technologies, tools and
applications;
    v. Explanation of the process by which the application or
visualization tool would be implemented and widely adopted. Discuss any
other risks, costs or challenges in making the utilization and/or
adoption of the tools or applications widespread, and how they could be
overcome;
    vi. Submissions must include a link to a working tool (via the web
with a URL or mobile app store) or a video of the tool in action; and
should illustrate or otherwise support the Concept described in the
Submission Description.

The Submission should also include a summary (not to exceed 650 words,
in 12-point Arial normal font, double-spaced, in PDF format) of the
solution submitted that discusses:
    i. How it meets the judging criteria;
    ii. Data sets used to develop the solution; and,
    iii. Intended audience/users.

    Note:  Submissions that do not conform to these requirements may
be considered ineligible. This eligibility decision is at the sole
discretion of the U.S. DOT. Contestants waive the right to protest.
The U.S. DOT makes no warranties to protect proprietary information
or trade secrets if they are featured in the submission. It is
recommended that entrants consider the content of their submissions
prior to making their submittal.

    Any elements of the Challenge described in the ``details'' section
of this Challenge and posted on dot.gov are wholly incorporated as part
of the rules of this contest.
    The Submission must be written in English, and be no longer than
6000 words. Some or all of the submission must be sent to
<EMAIL_ADDRESS>with the subject line ``Innovation Challenge.''
The Submission Summary should be included in the body of the email and
must not exceed 650 words.
     Must be in PDF or Microsoft Word format
     Use a font size of no less than 12 points
     Have margins no smaller than 1 inch all around
    Submissions may be updated by the submitter until the Challenge
Submission Period ends.

Award

    Winners will have their innovation featured on the Secretary's
FastLane Blog and will receive a letter of recognition from the
Secretary. Following the announcement of the award, awardees will be
honored by Transportation Secretary Anthony Foxx in a special session
where awardees will present their Concept for senior officials from
across the U.S. Department of Transportation, Challenge judges, and
other members of DOT staff. Outside guests will also be invited to
attend. Furthermore, depending upon the quality of submissions and
subject to the Federal Acquisitions Regulations, the Department may
negotiate licensing for the use of intellectual property developed by
selected submission winner(s) beyond the one year royalty-free
nonexclusive worldwide license provided under Submission Rights.
    Basis Upon Which the Winner Will Be Selected:

Submission Judging

    Submissions will be scored in each of four criteria, as listed
below.
1. Technical and Operational Feasibility
    The successful operation of the proposed application or
visualization tool will depend both upon the soundness of the
application and tool itself and its relationship to the rest of the
transportation system, and the data that is used during its
development.
    How plausible is it that this Concept could be implemented? What
risks or challenges exist, and how could they be overcome?
2. Potential for Widespread Adoption
    Widespread adoption of the application and/or visualization tool
will depend upon a system of interrelated decisions made by various
stakeholders in the transportation network. Stakeholders' incentives
toward action must be aligned with their capabilities for adoption to
occur. How likely is it that this application or visualization tool
would be widely adopted or go viral, if it were developed? What are the
challenges facing broad adoption, and how could they be overcome?
3. Innovation
    To what degree does the tool present a novel idea or approach?
 4. Social Benefit
    How much would this idea benefit transportation users or society at
large? Emphasis is on improvements to transportation safety, mobility,
reliability, accessibility and/or environmental impact.
    The Submissions will be judged by a qualified panel selected by the
U.S. DOT at its sole discretion. The panel will judge the entire
Submission on the judging criteria identified above in order to select
five winners. Judges reserve the right to withdraw without advance
notice.

    Additional Information:
    Federal grantees may not use Federal funds to develop COMPETES Act
challenge applications.
    Federal contractors may not use Federal funds from a contract to
develop COMPETES Act challenge applications or to fund efforts in
support of a COMPETES Act challenge submission.

    Issued On: February 21, 2014
Anthony Foxx,
Secretary of Transportation.
[FR Doc. 2014-04399 Filed 3-7-14; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49544-49545]
[FR Doc No: 2013-19742]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0702]

Great Lakes Pilotage Advisory Committee; Vacancies

AGENCY: Coast Guard, DHS.

ACTION: Request for applications.

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SUMMARY: The Coast Guard seeks applications for membership on the Great
Lakes Pilotage Advisory Committee (GLPAC). The GLPAC provides advice
and makes recommendations to the Secretary of Homeland Security and the
Coast Guard on matters relating to Great Lakes pilotage, including
review of proposed Great Lakes pilotage regulations and policies.

DATES: Applicants must submit a cover letter and resume in time to
reach Mr. David Dean, the Alternate Designated Federal Officer (ADFO)
on or before September 1, 2013.

ADDRESSES: Send your cover letter and resume indicating the membership
category for which you are applying via one of the following methods:
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> ATTN: Mr. David Dean, GLPAC ADFO.
     Mail: Mr. David Dean, GLPAC ADFO, Commandant (CG-WWM-2),
U.S. Coast Guard Headquarters, 2100 Second Street SW., Stop 7580,
Washington, DC 20593-7580.

FOR FURTHER INFORMATION CONTACT: Mr. David Dean, GLPAC ADFO, Commandant
(CG-WWM-2), U.S. Coast Guard Headquarters, 2100 Second Street SW., Stop
7580, Washington, DC 20593-7580; telephone<PHONE_NUMBER>, fax 202-372-
1914, or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The GLPAC is an advisory committee
established in accordance with the provisions of the Federal Advisory
Committee Act (FACA) 5 U.S.C. (Pub. L. 92-463) and under the authority
of 46 U.S.C. 9307, as amended. GLPAC expects to meet once per year but
may also meet at other times at the call of the Secretary. Further
information about GLPAC is available by going to the Web site: https://www.facadatabase.gov. Click on the search tab and type ``Great Lakes''
into the search form. Then select ``Great Lakes Pilotage Advisory
Committee'' from the list.
    The Committee consists of seven members appointed by and serving at
the pleasure of the Secretary of Homeland Security upon

recommendation by the Coast Guard Commandant. To be eligible,
applicants should have particular expertise, knowledge, and experience
regarding the regulations and policies on the pilotage of vessels on
the Great Lakes, and at least 5 years of practical experience in
maritime operations.
    We will consider applicants for two positions that expire or become
vacant on September 30, 2013.
     One member representing the interests of Great Lakes
ports.
     One member representing the interests of shippers whose
cargoes are transported through Great Lakes ports.
    Members shall serve terms of office of up to three years and may be
reappointed. All members serve at their own expense but may receive
reimbursement for travel and per diem from the Federal Government.
    Registered lobbyists are not eligible to serve on Federal Advisory
Committees. Registered lobbyists are lobbyists required to comply with
provisions contained in the Lobbying Disclosure Act, Title 2, United
States Code, Section 1603.
    The Department of Homeland Security (DHS) does not discriminate in
employment on the basis of race, color, religion, sex, national origin,
political affiliation, sexual orientation, gender identity, marital
status, disability and genetic information, age, membership in an
employee organization, or other non-merit factor. DHS strives to
achieve a widely diverse candidate pool for all of its recruitment
actions.
    To visit our online docket, go to http://www.regulations.gov enter
the docket number for this notice (USCG-2013-0702) in the Search box,
and click ``Search''. Please do not post your resume on this site.
Note, during the vetting process, applicants may be asked to provide
date of birth and social security number.

    Dated: August 9, 2013.
Mike M. Sollosi,
Acting Director, Marine Transportation Systems, U.S. Coast Guard.
[FR Doc. 2013-19742 Filed 8-13-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 226 (Friday, November 23, 2012)]
[Notices]
[Pages 70193-70195]
[FR Doc No: 2012-28385]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-30266; 812-14074]

Wells Fargo Bank, N.A., et al.; Notice of Application and
Temporary Order

November 16, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Temporary order and notice of application for a permanent order
under section 9(c) of the Investment Company Act of 1940 (``Act'').

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SUMMARY OF APPLICATION: Applicants have received a temporary order
exempting them from section 9(a) of the Act, with respect to an
injunction entered against Wells Fargo Bank, N.A. (``Wells Fargo
Bank'') on September 20, 2012, by the United States District Court for
the District of Columbia, until the Commission takes final action on an
application for a permanent order. Applicants have requested a
permanent order.

APPLICANTS: Wells Fargo Bank, First International Advisors, LLC
(``First International''), Metropolitan West Capital Management, LLC
(``Metropolitan West''), Golden Capital Management, LLC (``Golden
Capital''), Alternative Strategies Brokerage Services, Inc.
(``Alternative Strategies Brokerage''), Alternative Strategies Group,
Inc. (``Alternative Strategies''), Wells Fargo Funds Management, LLC
(``WF Funds Management''), Wells Capital Management Incorporated
(``Wells Capital Management''), Peregrine Capital Management, Inc.
(``Peregrine''), Galliard Capital Management, Inc. (``Galliard''), and
Wells Fargo Funds Distributor, LLC (``WF Funds Distributor'') (each an
``Applicant'' and collectively, the ``Applicants'').\1\
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    \1\ Applicants request that any relief granted pursuant to the
application also apply to any existing company of which Wells Fargo
Bank is or may become an affiliated person within the meaning of
section 2(a)(3) of the Act (together with the Applicants, the
``Covered Persons'').

FILING DATE: The application was filed on August 31, 2012, and amended
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on September 21, 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 December 11, 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:
Wells Fargo Bank, 101 North Phillips Avenue, Sioux Falls, SD 57104;
First International, 30 Fenchurch Street, London, England, UK EC3M 3BD;
Metropolitan West, 610 Newport Center Drive, Suite 1000, Newport Beach,
CA 92660; Golden Capital, 5 Resource Square, Suite 400, 10715 David
Taylor Drive, Charlotte, NC 28262; Alternative Strategies Brokerage,
401 South Tryon Street, Charlotte, NC 28202; Alternative Strategies,
401 South Tryon Street, TH 3, Charlotte, NC 28202; WF Funds Management
and WF Funds Distributor, 525 Market Street, 12th Floor, San Francisco,
CA 94105; Wells Capital Management, 525 Market Street, 10th Floor, San
Francisco, CA 94105; Peregrine, 800 LaSalle Avenue, Suite 1850,
Minneapolis, MN 55402; and Galliard, 800 LaSalle Avenue, Suite 1100,
Minneapolis, MN 55402.

FOR FURTHER INFORMATION CONTACT: Steven I. Amchan, Senior Counsel, at
(202) 551-6826 or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a temporary order and a
summary of the application. The complete application may be obtained
via the Commission's Web site 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>.

Applicants' Representations

    1. Wells Fargo Bank is a national banking association wholly-owned,
directly and indirectly, by Wells Fargo & Company (``Wells Fargo'').
Through its direct and indirect subsidiaries, Wells Fargo, a registered
financial holding company and bank holding company under the Bank
Holding Company Act of 1956, as amended, offers banking, brokerage,
advisory and other financial services to institutional and individual
customers worldwide. Wells Fargo also is the ultimate parent of the
other Applicants, who, as direct or indirect, majority-owned or wholly-
owned, subsidiaries of the same ultimate parent, are, or may be
considered to be, under common control with Wells Fargo Bank.
    2. Effective December 1, 2011, and August 24, 2012, respectively,
two separately identifiable departments within Wells Fargo Bank, Abbot
Downing Investment Advisors and Wells Capital Management Singapore,
each became registered as an investment adviser under the Investment
Advisers Act of 1940 (``Advisers Act'') and each serves as an
investment adviser to one or more Funds (as defined below). First
International, Metropolitan West, Golden Capital, Alternative
Strategies, WF Funds Management, Wells Capital

Management, Peregrine, and Galliard are registered as investment
advisers under the Advisers Act and serve as investment advisers or
sub-advisers to various Funds. Alternative Strategies Brokerage and WF
Funds Distributor are registered as broker-dealers under the Securities
Exchange Act of 1934, and each serves as principal underwriter to
various Funds. ``Fund'' means any registered investment company,
including a registered unit investment trust (``UIT'') or registered
face amount certificate company, as well as a business development
company (``BDC'') or employees' securities company (``ESC''). ``Fund
Servicing Activities'' means acting as an adviser, sub-adviser or
depositor to Funds, or principal underwriter for any registered open-
end investment company, UIT, registered face amount company or ESC.
    3. On July 12, 2012, the U.S. Department of Justice filed a
complaint (``Complaint'') against Wells Fargo Bank in the United States
District Court for the District of Columbia (``District Court'') in a
civil action.\2\ The Complaint alleged that Wells Fargo Bank engaged in
a pattern or practice of discrimination on the basis of race and
national origin in violation of the Equal Credit Opportunity Act
(``ECOA'') and the Fair Housing Act (``FHA''). More specifically, the
Complaint alleged that Wells Fargo Bank's policies caused African-
American and Hispanic borrowers to be placed into subprime loans at
higher rates than similarly-situated white borrowers and to pay higher
costs, fees and interest rates than similarly-situated white borrowers.
Applicants state that Wells Fargo Bank has not been advised by the
Department of Justice that any employee of Wells Fargo discriminated
intentionally on the basis of race or national origin. On July 12,
2012, Wells Fargo Bank executed a Consent Order, in which it denied the
allegations of the Complaint other than those facts deemed necessary to
the jurisdiction of the District Court. Pursuant to that Consent Order,
on September 20, 2012, the District Court entered a judgment that,
among other things, enjoins Wells Fargo Bank from violating the anti-
discrimination provisions of the ECOA and the FHA in connection with
originating residential mortgages (the ``Injunction''), and requires
Wells Fargo Bank to pay $125 million in compensation to borrowers who
may have suffered as a result of the alleged ECOA and FHA violations,
contribute at least $50 million to a homebuyer assistance program, and
implement other measures that are designed to ensure Wells Fargo Bank's
future adherence to fair lending practices.
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    \2\ United States v. Wells Fargo Bank, N.A., No. 1:12-cv-01150
(D.D.C., July 12, 2012).
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Applicants' Legal Analysis

    1. Section 9(a)(2) of the Act, in relevant part, prohibits a person
who has been enjoined from acting as a bank, or from engaging in or
continuing any conduct or practice in connection with such activity,
from acting, among other things, as an investment adviser or depositor
of any registered investment company, or a principal underwriter for
any registered open-end investment company, UIT or registered face-
amount certificate company. Section 9(a)(3) of the Act extends the
prohibitions of section 9(a)(2) to a company any affiliated person of
which has been disqualified under the provisions of section 9(a)(2).
Section 2(a)(3) of the Act defines ``affiliated person'' to include,
among others, any person directly or indirectly controlling, controlled
by, or under common control with, the other person. Applicants state
that Wells Fargo Bank is, or may be considered to be, under common
control with and therefore an affiliated person of each of the other
Applicants. Applicants state that the entry of the Injunction may
result in Applicants being subject to the disqualification provisions
of section 9(a) of the Act because Wells Fargo Bank is enjoined from
engaging in or continuing certain conduct and/or practices in
connection with its banking activity.\3\
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    \3\ Applicants believe that the conduct and/or practices covered
by the Injunction could be deemed to be in connection with Wells
Fargo Bank's banking activity.
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    2. Section 9(c) of the Act provides that the Commission shall grant
an application for exemption from the disqualification provisions of
section 9(a) if it is established that these provisions, as applied to
Applicants, are unduly or disproportionately severe or that the
Applicants' conduct has been such as not to make it against the public
interest or the protection of investors to grant the exemption.
Applicants have filed an application pursuant to section 9(c) seeking
temporary and permanent orders exempting the Applicants and the other
Covered Persons from the disqualification provisions of section 9(a) of
the Act. On September 21, 2012, Applicants received a temporary
conditional order from the Commission exempting them from section 9(a)
of the Act with respect to the Injunction from September 20, 2012 until
the Commission takes final action on an application for a permanent
order or, if earlier, November 16, 2012.
    3. Applicants believe they meet the standard for exemption
specified in section 9(c). Applicants state that the prohibitions of
section 9(a) as applied to them would be unduly and disproportionately
severe and that the conduct of Applicants has been such as not to make
it against the public interest or the protection of investors to grant
the exemption from section 9(a).
    4. Applicants state that the conduct giving rise to the Injunction
did not involve any of the Applicants acting in their capacity as
investment adviser, sub-adviser, or principal underwriter for Funds.
Applicants also state that the alleged conduct giving rise to the
Injunction did not involve any Fund or the assets of any Fund for which
they provided Fund Servicing Activities. Applicants further state that
to the best of their reasonable knowledge: (i) None of the Applicants'
(other than certain of Wells Fargo Bank's) current or former directors,
officers or employees had any knowledge of, or had any involvement in,
the conduct alleged in the Complaint to have constituted the alleged
violations that provided a basis for the Injunction; (ii) the personnel
who were involved in the violations alleged in the Complaint have had
no involvement in, and will not have any future involvement in,
providing advisory, sub-advisory, depository or underwriting services
to Funds; and (iii) because the personnel of the Applicants involved in
Fund Servicing Activities did not have any involvement in the alleged
misconduct, shareholders of Funds that received investment advisory,
depository and principal underwriting services from the Applicants were
not affected any differently than if those Funds had received services
from any other non-affiliated investment adviser, depositor or
principal underwriter.
    5. Applicants further represent that the inability of Applicants to
continue providing Fund Servicing Activities would result in
potentially severe financial hardships for both the Funds and their
shareholders. Applicants state that they will distribute written
materials, including an offer to meet in person to discuss the
materials, to the board of directors of each Fund, including the
directors who are not ``interested persons,'' as defined in section
2(a)(19) of the Act, of such Fund, and their independent legal counsel
as defined in rule 0-1(a)(6) under the Act, if any, regarding the
Injunction, any impact on the Funds, and the application. The
Applicants will provide the Funds with all

information concerning the Injunction and the application that is
necessary for the Funds to fulfill their disclosure and other
obligations under the federal securities laws.
    6. Applicants also assert that, if the Applicants were barred from
engaging in Fund Servicing Activities, the effect on their businesses
and employees would be severe. The Applicants state that they have
committed substantial capital and resources to establishing expertise
in advising and sub-advising Funds and in support of their principal
underwriting business.
    7. Applicants state that several Applicants and certain of their
affiliates have previously received orders under section 9(c), as
described in greater detail in the application.

Applicants' Condition

    Applicants agree that any order granted by the Commission pursuant
to the application will be subject to the following condition:

    Any temporary exemption granted pursuant to the application
shall be without prejudice to, and shall not limit the Commission's
rights in any manner with respect to, any Commission investigation
of, or administrative proceedings involving or against, Covered
Persons, including without limitation, the consideration by the
Commission of a permanent exemption from section 9(a) of the Act
requested pursuant to the application, or the revocation or removal
of any temporary exemptions granted under the Act in connection with
the application.

Temporary Order

    The Commission has considered the matter and finds that Applicants
have made the necessary showing to justify granting a temporary
exemption.
    Accordingly,
    It is hereby ordered, pursuant to section 9(c) of the Act, that the
Applicants and the other Covered Persons are granted a temporary
exemption from the provisions of section 9(a), effective forthwith,
solely with respect to the Injunction, subject to the condition in the
application, until the date the Commission takes final action on their
application for a permanent order.

    By the Commission.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-28385 Filed 11-21-12; 8:45 am]
BILLING CODE 8011-01-P


53165 Federal Register / Vol. 68, No. 174 / Tuesday, September 9, 2003 / Notices Delores Darden, EPA Science Advisory Board Staff at telephone/ voice mail: ( 202) 564   2282; or via e mail at darden. delores@ epa. gov. Any member of the public wishing further information regarding the Council Special Panel may contact Dr. Angela Nugent, Designated Federal Officer ( DFO), U. S. EPA Science Advisory Board ( 1400A), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; by telephone/ voice mail at ( 202) 564   4562; or via e mail at nugent. angela@ epa. gov. General information about the SAB can be found in the SAB Web site at http:// www. epa. gov/ sab. SUPPLEMENTARY INFORMATION:

Background Pursuant to the Federal Advisory Committee Act, Public Law 92   463, Notice is given that the Council Special Panel will hold two public teleconference meetings, as described above, to advise the Agency on its plan to develop the third in a series of statutorily mandated comprehensive analyses of the total costs and benefits of programs implemented pursuant to the Clean Air Act. Background on the Council Special Panel and this advisory project was provided in a Federal Register notice published on February 14, 2003 ( 68 FR 7531   7534). The Council Special Panel will be providing advice on the review document, `` Benefits and Costs of the Clean Air Act 1990   2020; Revised Analytical Plan for EPA's Second Prospective Analysis' currently found at the following website, maintained by EPA's Office of Air and Radiation at: http:// www. epa. gov/ oar/ sect812/ under the link `` Study Blueprint and Charge Questions Electronic Copy.'' This link provides electronic access to the Revised Analytical Plan, the `` change pages'' given to the Council in July 2003, and the detailed review charge questions. Procedures for Providing Public Comment. It is the policy of the EPA Science Advisory Board ( SAB) Staff Office to accept written public comments of any length, and to accommodate oral public comments whenever possible. The EPA SAB Staff Office expects that public statements presented at its meetings will not be repetitive of previously submitted oral or written statements. Oral Comments: In general, each individual or group requesting an oral presentation at a face to face meeting will be limited to a total time of ten minutes ( unless otherwise indicated). For conference call meetings, opportunities for oral comment will usually be limited to no more than three minutes per speaker and no more than fifteen minutes total. Interested parties should contact the Designated Federal Official ( DFO) at least one week prior to the meeting in order to be placed on the public speaker list for the meeting. Speakers should bring at least 35 copies of their comments and presentation slides for distribution to the participants and public at the meeting. Written Comments: Although written comments are accepted until the date of the meeting ( unless otherwise stated), written comments should be received in the SAB Staff Office at least one week prior to the meeting date so that the comments may be made available to the committee for their consideration. Comments should be supplied to the DFO at the address/ contact information noted above in the following formats: one hard copy with original signature, and one electronic copy via e mail ( acceptable file format: Adobe Acrobat, WordPerfect, Word, or Rich Text files ( in IBM PC/ Windows 95/ 98 format). Those providing written comments and who attend the meeting are also asked to bring 35 copies of their comments for public distribution. Meeting Accommodations: Individuals requiring special accommodation to access these meetings, should contact Dr. Nugent at least five business days prior to the meeting so that appropriate arrangements can be made.

Dated: September 5, 2003. A. Robert Flaak, Acting Deputy Director for Management, EPA Science Advisory Board Staff Office. [ FR Doc. 03   23052 Filed 9   8   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ Docket No. OW   2003   0071; FRL   7555   6]

Availability of Decision on Petition for Rulemaking To Repeal Regulation Related to Ballast Water AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice of availability of EPA decision document.

SUMMARY: This notice announces the availability of EPA's Decision Documenton on a petition for rulemaking seeking repeal of a regulation that excludes vessel ballast water discharges from Clean Water Act permit requirements. Today's notice makes that Decision Document publicly available and announces EPA's denial of the petition. DATES: EPA's Acting Administrator signed the Decision Document on September 2, 2003. For judicial review purposes, this action is final as of 1 p. m. ( eastern time) on Tuesday, September 9, 2003, as provided at 40 CFR 23.2. ADDRESSES: The administrative record is available for inspection and copying at the Water Docket, located at the EPA Docket Center in the basement of the EPA West Building, Room B   102, at 1301 Constitution Avenue., NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Ruby Cooper, U. S. EPA, Office Of Water, by phone at 202   564   0757 or by e mail at cooper. ruby@ epa. gov. SUPPLEMENTARY INFORMATION:

A. How Can I Get Copies of the Document and other Related Information?

1. Electronic Copies : EPA's decision on the petition for rulemaking can be downloaded at http:// www. epa. gov/ npdes; once at this location, click on `` Recent Additions'. 2. Docket: EPA has established an official public docket for this action under Docket ID No. OW   00   16. The official public docket consists of the documents specifically referenced in this action, any public comments received and other information related to this action. The official public docket is the collection of materials that is available for public viewing at the Water Docket in the EPA Docket Center, ( EPA/ DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is ( 202) 566   1744, and the telephone number for the Water Docket is ( 202) 566   2426. 3. Electronic Access: You may access this Federal Register document electronically through the EPA Internet under the Federal Register listings at http:/// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system EPA Dockets. You may use EPA Dockets at http:// www. epa. gov. edocket/ to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search'', then key in the appropriate docket identification number, which for this record is OW   2003   0071.

VerDate jul< 14> 2003 16: 35 Sep 08, 2003 Jkt 200001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09SEN1. SGM 09SEN1 53166 Federal Register / Vol. 68, No. 174 / Tuesday, September 9, 2003 / Notices Dated: September 2, 2003. James A. Hanlon, Director, Office of Wastewater Management. [ FR Doc. 03   22935 Filed 9   8   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7555   7]

Proposed National Pollutant Discharge Elimination System ( NPDES) Storm Water General Permits for Small Municipal Separate Storm Sewer Systems ( MS4s) in New Mexico, Indian Country Lands in New Mexico and Indian Country Lands in Oklahoma and Preliminary Designation Decisions for Small MS4s Outside Urbanized Areas in New Mexico; Notice AGENCY: Environmental Protection Agency ( EPA), Region 6. ACTION: Notice of availability for comment.

SUMMARY: The Director of the EPA Region 6 Water Quality Protection Division is proposing to issue National Pollutant Discharge Elimination System ( NPDES) general permits for storm water discharges from small municipal separate storm sewer systems ( MS4s) located in the State of New Mexico, Indian Country Lands in New Mexico, and Indian Country Lands in Oklahoma. The proposed general permits would authorize the discharge of storm water and certain non storm water discharges from municipal separate storm sewers. NPDES permit coverage for these discharges is required in accordance with section 402( p) of the 1987 Amendments to the Clean Water Act ( CWA) ( 33 U. S. C. 1342( p)) and EPA regulations. To obtain discharge authorization, operators of MS4s would be required to submit a Notice of Intent ( NOI) to be covered by the proposed general permit. The NOI would need to include storm water management program information describing the best management practices ( BMPs) which the permittee will implement to control pollutants in the discharges in accordance with the requirements of the CWA and measurable goals for their implementation. In accordance with 40 CFR 122.34( a), the operator would have up to five years to develop and fully implement the storm water management program. The initial storm water management program submittal would likely consist of a combination of ongoing activities and schedules for developing and implementing additional activities to comply with the permit. Annual reporting would also be required to provide information on the status of the implementation of the storm water management program. This Notice announces the availability of the proposed general permits and fact sheet for public comment. Note that while the proposed general permits are structured as a single permit, and may be collectively referred to in the singular as the permit, they are actually three legally distinct permits each covering a different geographical area. Each of the legally separate and distinctly numbered proposed permits covers one of the areas listed in the table below. Parts 1   7 of the proposed general permit and the Appendices are common to all of the permits, while Part 8 of the permit contains the State, Indian Country Land or other area specific conditions that make each of the permits unique. The proposed general permits will cover areas within Region 6 where a State or Tribal permitting program has not been authorized under section 402( b) of the CWA. Indian Country includes all lands within Indian reservations, all dependent Indian communities, and Indian allotments. In Oklahoma it also includes lands held in trust for the benefit of Tribes. At this time, no regulated MS4s under EPA jurisdiction are located in Arkansas, Louisiana, or Texas, so permits for these areas are not being proposed by Region 6. Most MS4s in Arkansas, Louisiana, Oklahoma, and Texas are regulated by NPDESauthorized State programs.

PERMIT AREAS Permit No. Areas of coverage OKS04000I ....... Indian Country Lands within the State of Oklahoma NMS04000I ....... Indian Country lands within the State of New Mexico except Navajo Reservation lands and Ute Mountain Ute Reservation lands ( permitted by EPA Regions 9 and 8, respectively). NMS040000 ...... The State of New Mexico, except Indian Country Lands.

This notice also announces the availability for public comment of the preliminary results of the Region's review of those New Mexico small MS4s with a population of between 10,000 and 50,000 and a population density of 1,000 or more per square mile that are located outside a Urbanized Area for possible designation as a regulated small MS4 ( see 40 CFR 123.35( b)). Although EPA is not required to do so, EPA is inviting and will consider comments it receives regarding the small MS4 designation review. DATES: The public comment period for the proposed general permits is 45 days starting from the date of today's notice. Interested parties may submit comments on the proposed general permits to EPA Region 6 at the address below, no later than October 24, 2003. Any comments received by EPA Region 6 and EPA's response to these comments will become part of the administrative record for these general permits. The general permits will be effective on the date specified in the final general permit notice that will be published in the Federal Register and will expire five years from the effective date of the final permit. Comments on the small MS4 designation review process or preliminary decisions must be submitted by October 24, 2003, to the same address. ADDRESSES: Comments on the proposed general permits should be sent to Docket No. 6WQ   03   SW01, Attn: Ms. Diane Smith, EPA Region 6, Water Quality Protection Division ( 6WQ   CA), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202   2733. Comments may also be submitted in electronic format ( Wordperfect 9, MS Word 2000, or ASCII Text formats only, avoiding use of special characters) to the above address or via e mail to smith. diane@ epa. gov. No facsimiles ( faxes) will be accepted. Comments on the designation review process or preliminary decisions must reference `` MS4 Designation Review.''

Public Meeting Information EPA Region 6 will be holding two informal public meetings which will include a presentation on the proposed general permits and a question and answer session. Advance notice of the times and dates for these meetings was provided in the Albuquerque Journal and the Daily Oklahoman newspapers on August 9, 2003, and via EPA's Web site at http:// www. epa. gov/ region6/ 6wq/ npdes/ sw/ hot/ index. htm. Because informal public meetings accommodate group discussion and question and answer sessions, public meetings have been used for many storm water general permits and appear to be more valuable than formalized public hearings in helping the public understand a proposed storm water general permit and in identifying the issues of concern. Written, but not oral, comments for the administrative record will be accepted at the public meetings. Written comments generated from what was learned at a public meeting ( or from VerDate jul< 14> 2003 16: 35 Sep 08, 2003 Jkt 200001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09SEN1. SGM 09SEN1


[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43703-43705]
[FR Doc No: 2019-17994]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2018-0244; FRL-9997-94]

Lipochitooligosaccharide (LCO) MOR116; Exemption From the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of lipochitooliosaccharide (LCO) MOR116 in
or on all food commodities when used in accordance with label
directions and good agricultural practices. Monsanto Company (now known
as Bayer Crop Science LP), submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption
from the requirement of a tolerance. This regulation eliminates the
need to establish a maximum permissible level for residues of LCO
MOR116 under FFDCA.

DATES: This regulation is effective August 22, 2019. Objections and
requests for hearings must be received on or before October 21, 2019,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2018-0244, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Publishing Office's e-CFR site at
http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2017-0487 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
October 21, 2019. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2018-0244, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave., NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background

    In the Federal Register of July 24, 2018 (83 FR 34968) (FRL-9980-
31), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 8F8670) by Monsanto Company (now known as Bayer Crop
Science LP), 800 N. Lindbergh Blvd., St. Louis, MO 63167. The petition
requested that 40 CFR part 180 be amended by establishing an exemption
from the requirement of a tolerance for residues of LCO MOR116 in or on
all food commodities. That document referenced a summary of the
petition prepared by the petitioner, Monsanto Company (now known as
Bayer Crop Science LP), which is available in the docket via http://www.regulations.gov. There were no comments received in response to the
notice of filing.

III. Final Rule

A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance or tolerance exemption,
and to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue . . . .'' Additionally, FFDCA section 408(b)(2)(D)
requires that EPA consider ``available information concerning the
cumulative effects of [a particular pesticide's] . . . residues and
other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicity and exposure data on LCO
MOR116 and considered its validity, completeness, and reliability, as
well as the relationship of this information to human risk. EPA also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children.
    LCO MOR116 a synthetically derived member of the
lipochitooligosaccharide (LCO) chemical class. Naturally occurring LCOs
function as signaling molecules in the initiation of plant-microbe
endosymbioses in an estimated 70-80% of land plants. As a biopesticide,
LCO MOR116 is intended to be used as a plant growth regulator (PGR) to
increase growth and decrease stress in growing crops. LCO MOR116 has
low acute toxicity, low subchronic

toxicity and is not a skin sensitizer or mutagen based on the toxicity
information presented for the active ingredient and structurally-
similar compounds. Dietary and drinking water exposure to LCO MOR116 is
not expected for the proposed use as a seed treatment for soybean and
application rates are expected to be very low (5.89 X 10-11 lb ai/lb
seed). Although no field trial or residue data are available,
significant residues are not expected and, therefore, quantitative
dietary and drinking water assessments were not conducted.
    There are currently no residential uses proposed for LCO MOR116.
There is a potential for occupational exposure, however, no
toxicological endpoints have been identified. The Agency has determined
that no further acute or subchronic toxicity studies are needed at this
time considering all the available hazard and exposure data on LCOs and
structurally similar compounds. Based on the available toxicity and
exposure information, no unreasonable adverse effects to the U.S.
population in general, and to infants and children in particular, will
result from the use of LCO MOR116 as a pesticide when label
instructions are followed.
    An explanation of the data upon which EPA relied and its risk
assessment based on those data can be found within the (July 30, 2019),
document entitled ``Federal Food, Drug, and Cosmetic Act (FFDCA) Safety
Assessment for Exemption from the Requirement of a Tolerance for
Residues of Lipochitooligosaccharide (LCO) MOR116.'' This document, as
well as other relevant information, is available in the docket for this
action as described under ADDRESSES.
    Based on its safety determination, EPA is establishing an exemption
from the requirement of a tolerance for residues of LCO MOR116 in or on
all food commodities when used on accordance with label directions and
good agricultural practices.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes due
to lack of concern for exposures, which supports the establishment of
an exemption for residues of LCO MOR116.

IV. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section
408(d) in response to a petition submitted to EPA. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), nor is it a regulatory action
under Executive Order 13771, entitled ``Reducing Regulations and
Controlling Regulatory Costs'' (82 FR 9339, February 3, 2017). This
action does not contain any information collections subject to OMB
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special considerations under Executive
Order 12898, entitled ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (59 FR
7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
exemption in this action, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA has determined that this
action will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, EPA has determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999), and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), do not apply to this action. In addition, this action does not
impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require EPA's consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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 United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: August 7, 2019
Richard Keigwin,
Director, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Add Sec.  180.1370 to subpart D to read as follows:

Sec.  180.1370   Lipochitoolgiosaccharide (LCO) MOR116; exemption from
the requirement of a tolerance.

    Residues of the plant growth regulator Lipochitoolgiosaccharide
(LCO) MOR116 in or on all food commodities are exempt from the
requirement of a tolerance, when used in accordance with label
directions and good agricultural practices.

[FR Doc. 2019-17994 Filed 8-21-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30854-30855]
[FR Doc No: 2017-13967]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-1533-013; ER10-2374-012.
    Applicants: Puget Sound Energy, Inc., Macquarie Energy LLC.
    Description: Second Supplement to June 30, 2016 Updated Market
Power Analysis for the Northwest Region of Puget Sound Energy, Inc., et
al.
    Filed Date: 6/23/17.
    Accession Number: 20170623-5171.
    Comments Due: 5 p.m. ET 7/14/17.

    Docket Numbers: ER10-2822-010; ER16-1250-002; ER11-2112-008; ER10-
2828-004; ER10-2285-006; ER16-2285-002; ER10-2423-008; ER10-2404-008;
ER10-2812-014; ER10-1291-021; ER10-2843-013; ER12-2649-004; ER10-1725-
004; ER10-3001-005; ER10-3002-004; ER10-3004-005; ER12-422-006; ER10-
2301-004; ER10-3010-004; ER10-2306-004;ER12-96-006; ER10-3031-004;ER10-
3160-003; ER16-1637-002.
    Applicants: Atlantic Renewable Projects II LLC, Blue Creek Wind
Farm LLC, Casselman Windpower LLC, Central Maine Power Company, Desert
Wind Farm LLC, Flat Rock Windpower LLC, Flat Rock Windpower II LLC,
GenConn Devon LLC, GenConn Energy LLC, GenConn Middletown LLC, Groton
Wind, LLC, Hardscrabble Wind Power LLC, Lempser Wind, LLC, Locust Ridge
Wind Farm, LLC, Locust Ridge II, LLC, New England Wind, LLC, New York
State Electric & Gas Corporation, Rochester Gas and Electric
Corporation, South Chestnut LLC, Streator-Cayuga Ridge Wind Power LLC,
The United Illuminating Company, UIL Distributed Resources, LLC,
Providence Heights Wind, LLC, Avangrid Renewables, LLC.
    Description: Response to May 11, 2017 Letter requesting additional
information of AVANGRID Northeast MBR Sellers.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5081.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER11-2534-006; ER12-539-008; ER12-540-008; ER16-
2234-002.
    Applicants: APDC, Inc., Atlantic Power Energy Services (US) LLC, EF
Kenilworth LLC, Morris Cogeneration, LLC.
    Description: Updated Market Power Analysis for the Northeast Region
of APDC, Inc., et al.

    Filed Date: 6/23/17.
    Accession Number: 20170623-5090.
    Comments Due: 5 p.m. ET 8/22/17.

    Docket Numbers: ER17-1494-001.
    Applicants: Vista Energy Storage, LLC.
    Description: Tariff Amendment: Amendment to Application for Market-
Based Rate Authorization to be effective 7/1/2017.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5102.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER17-1508-001.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Tariff Amendment: OATT Attachment R Amendment
Clarification to be effective 7/1/2017.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5103.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER15-1905-006.
    Applicants: Amazon Energy LLC.
    Description: Triennial Market Power Update for the Northeast Region
of Amazon Energy LLC.
    Filed Date: 6/23/17.
    Accession Number: 20170623-5168.
    Comments Due: 5 p.m. ET 8/22/17.

    Docket Numbers: ER17-1893-000.
    Applicants: Cricket Valley Energy Center, LLC.
    Description: Petition for Limited Waiver of Tariff Deadline and
Request for Expedited Action of Cricket Valley Energy Center, LLC.
    Filed Date: 6/23/17.
    Accession Number: 20170623-5095.
    Comments Due: 5 p.m. ET 7/14/17.

    Docket Numbers: ER17-1897-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Attachment AE Clean-Up
Filing to be effective 3/1/2014.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5046.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER17-1898-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2041R6 Kansas City Board of
Public Utilities PTP Agreement to be effective 9/1/2017.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5066.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER17-1899-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Annual Filing of Revised Costs and Accruals for Post-
Employment Benefits Other than Pensions of San Diego Gas & Electric
Company.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5071.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER17-1900-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1636R19 Kansas Electric
Power Cooperative, Inc. NITSA and NOA to be effective 9/1/2017.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5089.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER17-1901-000.
    Applicants: Duke Energy Progress, LLC.
    Description: Tariff Cancellation: DEP SA Cancellation Filing to be
effective 6/27/2017.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5104.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER17-1902-000.
    Applicants: Brayton Point Energy, LLC.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 6/27/2017.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5133.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER17-1903-000.
    Applicants: Dynegy Conesville, LLC.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 6/27/2017.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5140.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER17-1904-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2065R3 Westar Energy, Inc.
NITSA and NOA to be effective 6/1/2017.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5145.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER17-1905-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original Service Agreement
No. 4737; Queue Position AC1-025 (WMPA) to be effective 5/31/2017.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5146.
    Comments Due: 5 p.m. ET 7/17/17.

    Docket Numbers: ER17-1906-000.
    Applicants: Lake Road Generating Company, LLC.
    Description: Compliance filing: Notice of Succession and Revisions
to Market-Based Rate Tariff to be effective 6/27/2017.
    Filed Date: 6/26/17.
    Accession Number: 20170626-5147.
    Comments Due: 5 p.m. ET 7/17/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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: June 26, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-13967 Filed 6-30-17; 8:45 am]
 BILLING CODE 6717-01-P