[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Notices]
[Page 50699]
[FR Doc No: 2016-18282]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG16-130-000.
    Applicants: Cimarron Bend Wind Project I, LLC.
    Description: Cimarron Bend Wind Project I, LLC submits Notice of
Self-Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/26/16.
    Accession Number: 20160726-5120.
    Comments Due: 5 p.m. ET 8/16/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER15-1682-004.
    Applicants: TransCanyon DCR, LLC.
    Description: Compliance filing: Formula Rate Implementation
Protocols Compliance Filing to be effective 7/6/2015.
    Filed Date: 7/26/16.
    Accession Number: 20160726-5079.
    Comments Due: 5 p.m. ET 8/16/16.

    Docket Numbers: ER16-200-003.
    Applicants: Duke Energy Indiana, LLC.
    Description: Compliance filing: Compliance Filing Reactive
Settlement to be effective 1/1/2016.
    Filed Date: 7/26/16.
    Accession Number: 20160726-5095.
    Comments Due: 5 p.m. ET 8/16/16.

    Docket Numbers: ER16-2284-000.
    Applicants: DTE Electric Company.
    Description: Sec.  205(d) Rate Filing: Revised Croswell
Interconnection Agreement to be effective 9/1/2016.
    Filed Date: 7/26/16.
    Accession Number: 20160726-5075.
    Comments Due: 5 p.m. ET 8/16/16.

    Docket Numbers: ER16-2285-000.
    Applicants: Desert Wind Farm LLC.
    Description: Baseline eTariff Filing: Baseline new to be effective
9/24/2016.
    Filed Date: 7/26/16.
    Accession Number: 20160726-5091.
    Comments Due: 5 p.m. ET 8/16/16.

    Docket Numbers: ER16-2286-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: PSCo-WAPA-TSGT-320-NOC
Filing to be effective 9/25/2016.
    Filed Date: 7/26/16.
    Accession Number: 20160726-5101.
    Comments Due: 5 p.m. ET 8/16/16.

    Docket Numbers: ER16-2287-000.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: SGIA 2293 between National
Grid and Innovative/Colonie to be effective 4/29/2016.
    Filed Date: 7/26/16.
    Accession Number: 20160726-5131.
    Comments Due: 5 p.m. ET 8/16/16.

    Docket Numbers: ER16-2288-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 4503,
Queue Position AB1-166 to be effective 6/27/2016.
    Filed Date: 7/26/16
    Accession Number: 20160726-5145.
    Comments Due: 5 p.m. ET 8/16/16.

    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: July 26, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-18282 Filed 8-1-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Page 16033]
[FR Doc No: 2017-06376]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9032-4]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/nepa.
Weekly receipt of Environmental Impact Statements (EISs)
Filed 03/20/2017 Through 03/24/2017
Pursuant to 40 CFR 1506.9.

Notice:

Section 309(a) of the Clean Air Act requires that EPA make public its
comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.
EIS No. 20170046, Final, NSA, MD, East Campus Integration Program,
Review Period Ends: 05/01/2017, Contact: Jeffrey Williams<PHONE_NUMBER>.
EIS No. 20170047, Revised Draft, USACE, TX, Lower Bois d'Arc Creek
Reservoir, Comment Period Ends: 05/15/2017, Contact: Andrew R. Commer
918-669-7400.
EIS No. 20170048, Draft Supplement, BOEM, MA, Cape Wind Energy Project,
Comment Period Ends: 05/15/2017, Contact: Michelle Morin<PHONE_NUMBER>.
EIS No. 20170049, Final, USFWS, CA, Measure M (M2) Natural Community
Conservation Plan/Habitat Conservation Plan, Review Period Ends: 05/01/
2017, Contact: Jonathan Snyder<PHONE_NUMBER>.
EIS No. 20170050, Draft Supplement, DOS, DC, Foreign Missions Center at
the Former Army Walter Reed Medical Center, Comment Period Ends: 05/18/
2017, Contact: Geoffrey Hunt<PHONE_NUMBER>.
EIS No. 20170051, Draft Supplement, BOEM, LA, Gulf of Mexico Outer
Continental Shelf Lease Sale 2018, Comment Period Ends: 05/15/2017,
Contact: Greg Kozlowski<PHONE_NUMBER>.

    Dated: March 28, 2017.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2017-06376 Filed 3-30-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30204-30205]
[FR Doc No: E9-14832]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

BNSF Railway Company

[Waiver Petition Docket Number FRA-2009-0048]

    The BNSF Railway Company (BNSF) requests a waiver of compliance
from the requirements of 49 CFR Part 240, Qualification and
Certification of Locomotive Engineers, specifically, Sec.  240.129.
BNSF's specific request is for a waiver from the requirement that
locomotive engineers have annual operational performance evaluations as
provided under the procedures pursuant to Sections 240.129(b), (c), and
(e).
    Section 240.129(b) requires a railroad to ``have procedures for
monitoring the operational performance of those it has determined as
qualified as a locomotive engineer.'' Section 240.129(c) provides the
requirements of the procedures referenced under (b), including that the
engineer ``shall be annually monitored (check ride) by a Designated
Supervisor of Locomotive Engineers'' and is either ``accompanied by the
designated supervisor'' or ``has his or her train handling activities
electronically recorded.'' BNSF has a program to comply with these
requirements. Section 240.129(e) requires the railroad to have an
operational testing and monitoring program in place, and to perform at
least one unannounced test each calendar year. This program must be
designed to monitor compliance with railroad operating rules and other
directives, and to examine and test such compliance.
    BNSF is currently working to implement an automatic control system
that will allow the engineer certification database to connect directly
to the crew database. By connecting these systems, BNSF will then be
able to constantly validate information to safeguard against engineers
falling outside of the provisions of Section 240.129. Once this system
is fully functioning, individuals who are not current on the check-ride
requirement or operational testing will automatically be prevented from
operating a locomotive until such time as they meet the requirements of
this rule. BNSF plans to have this system in place and fully functional
by the end of August 2009. As a result, the relief granted under this
waiver request will neither lead to a degradation of safety nor to any
conflict with the intent of the rule.
    BNSF has several employees certified under 49 CFR Part 240 for
service who are not currently performing the duties that require this
certification. Some of these individuals have bid on and taken
positions in other service, while others have been furloughed. As a
result, these individuals are not in a position to operate locomotives
as an engineer. BNSF requests relief from Section 240.129 to avoid
having to perform operational performance evaluations on individuals
who are currently out of locomotive engineer service. Waiving
performance of these evaluations on individuals not currently active as
locomotive engineers is consistent with the general application of Part
240, which applies to ``any person who operates locomotives.''
    These individuals are not operating locomotives, nor will they be
allowed to operate locomotives under BNSF's control system. Performance
of the operational evaluation on individuals not currently operating
locomotives causes safety concerns because it requires calling a person
in for the sole purpose of an evaluation ride and also because it would
lead to those individuals achieving technical compliance with the rule
only to go back to prolonged service in areas other than operation of
locomotives. BNSF's proposal provides the operational evaluation at a
time prior to the full operation of a locomotive, in compliance with
the rules, but also at a time that is contemporary to the return to the
active operation of locomotives.
    BNSF requests this waiver as a method of ensuring that active
locomotive engineers receive timely and appropriate training and
monitoring as required for compliance with the rule. Through granting
this waiver, BNSF believes there will be no negative impact on safety.
As described, BNSF will not permit any locomotive engineer to operate a
locomotive without being in full compliance with Part 240, including
Section 129, of which relief is requested. BNSF believes this process
will promote enhanced safety by providing for the operational
performance evaluations to be done as these engineers return to active
engine service such that safe operation is fresh in their minds upon
their return.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2009-0048) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register

published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78).

    Issued in Washington, DC on June 17, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-14832 Filed 6-23-09; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45573-45575]
[FR Doc No: 2016-16618]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78267; File No. SR-NYSEArca-2016-93]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.87
Regarding Transactions That Qualify as a Catastrophic Error as it
Relates to Binary Return Derivatives Contracts

July 8, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on July 1, 2016, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.87 regarding transactions
that qualify as a Catastrophic Error as it relates to Binary Return
Derivatives contracts. The proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, 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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange is proposing to amend Rule 6.87 (Nullification and
Adjustment of Options Transactions including Obvious Errors) regarding
transactions that qualify modify [sic] a Catastrophic Error as it
relates to ByRDs.
    The Exchange recently amended its rules to list and trade ByRDs,
and modified portions of Rule 6.87 regarding when a ByRDs transaction
may qualify as a Catastrophic Error.\4\ In the ByRDs filing, the
Exchange clarified that any transactions in ByRDs qualifying as a
Catastrophic Error ``that is higher or lower than the Theoretical Price
by $.50 or more shall be deemed a Catastrophic Error, subject to the
adjustment procedures of paragraph (d)(3) unless such adjustment would
result in a price higher than $1.02, in which case the adjustment price
shall be $1.02.'' \5\ This change was designed to ensure that ByRDs
trades that are deemed Catastrophic Errors are never adjusted to a
price above $1.02.
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    \4\ See Securities Exchange Act Release No. 77044 (February 3,
2016), 81 FR 6908 (February 9, 2016) (SR-NYSEArca-2016-16) (the
``ByRDs filing'').
    \5\ See Rule 6.87(d)(3)(A). This change was made to ensure
consistency with obvious errors in ByRDs, which likewise caps any
adjustment to ByRDs at a price no higher than $1.02. See Rule
6.87(c)(6).
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    In connection with this modification, the Exchange proposes to
amend Rule 6.87(d)(3)(A) to explicitly provide that any ByRDs
transaction occurring at a price greater than $1.02 is presumptively a
Catastrophic Error. Specifically, the current rule does not
appropriately capture as Catastrophic Errors those transactions in
ByRDs occurring at prices greater than $1.02 but not more than $0.50
away from the Theoretical Price.
    ByRDs are binary options and, as such, differ from traditional
options traded on U.S. options exchanges by providing a discontinuous
or non-linear payout. An in-the-money ByRD will pay a fixed sum at
expiration regardless of the magnitude of the difference between the
option's exercise price and the settlement price. Specifically, at
expiration, a ByRDs contract will be worth $0 or $1.00; it will never
have a value greater than $1.00. Any transaction in ByRDs for over
$1.00 would result in an automatic loss. Consistent with the Exchange
adjusting a Catastrophic Error in a ByRDs trade to a price no greater
than $1.02 as provided for in Rule 6.87(d)(3)(A), the Exchange believes
that no trade in ByRDs greater than $1.02 should stand, but should
instead be adjusted to $1.02.\6\ Thus, the Exchange believes the
proposed change would ensure that ByRDs trades that are $1.02 or more
are deemed a Catastrophic Error, in addition to being appropriately
adjusted.\7\
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    \6\ See proposed 6.87(d)(3)(A) (providing that any transaction
in ByRDs that is ``(1) higher or lower than the Theoretical Price by
$.50 or more or (2) at a price greater than $1.02 shall be deemed a
Catastrophic Error, subject to the adjustment procedures of
paragraph (d)(3) unless such adjustment would result in a price
higher than $1.02, in which case the adjustment price shall be
$1.02'').
    \7\ The Exchange notes that, although ByRDs were not listed on
the Exchange at the time, ByRDs contracts (which were listed on NYSE
MKT) were outside of the scope of the industry wide effort to
harmonize Obvious and Catastrophic Error rules, and the proposed
change therefore does not impact the harmonization effort. See
Securities Exchange Act Release No. 74920 (May 8, 2015), 80 FR
27816, 27822 (May 14, 2015) (SR-NYSEMKT-2015-39).
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    Finally, the Exchange proposes to correct the reference to
``ByRDS'' in Rule 6.87(d)(3)(A) to ``ByRDs,'' which would make the
reference consistent with other Exchange rules.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \8\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5),\9\ in
particular, in that it is designed to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    Specifically, the proposed change is designed to promote just and
equitable principles of trade, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
as the proposed change would ensure that ByRDs trades resulting from
Catastrophic Errors are appropriately characterized as such and, in
turn, appropriately adjusted. In addition, the proposed change would
ensure that the Exchange would not be prevented from adjusting a trade
in ByRDs that is the result of a Catastrophic Error, which would
protect investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
the proposed rule change will serve to promote regulatory clarity and
consistency, thereby reducing burdens on the marketplace and
facilitating investor protection.

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

    No written comments were solicited or received with respect to 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 and Rule 19b-
4(f)(6) thereunder.\10\
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    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of 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.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to 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 proposal may

become operative immediately upon filing. The Exchange stated that the
proposed rule change would ensure that the manner by which the Exchange
determines whether a Catastrophic Error in a ByRDs trade has occurred
is consistent with the standards by which the Exchange would adjust a
ByRDs trade as provided for in Rule 6.87(d)(3). The Exchange further
stated that waiver of the operative delay is consistent with the
protection of investors and the public interest because it would
promote regulatory clarity and consistency, thereby reducing burdens on
the marketplace and facilitating investor protection. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
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 shall institute proceedings to
determine whether the proposed rule 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_ADDRESS>Please include
File Number SR-NYSEArca-2016-93 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-93. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2016-93, and should
be submitted on or before August 4, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016-16618 Filed 7-13-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Notices]
[Pages 75922-75924]
[FR Doc No: 2011-31099]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29876; File No. 812-13939]

AllianceBernstein Cap Fund, Inc., et al.; Notice of Application

November 29, 2011.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from rule 12d1-2(a)
under the Act.

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SUMMARY:

SUMMARY OF APPLICATION: Applicants request an order to permit open-end
management investment companies relying on rule 12d1-2 under the Act to
invest in certain financial instruments.

APPLICANTS:  AllianceBernstein Cap Fund, Inc. (the ``Fund''),
AllianceBernstein L.P. (``AllianceBernstein''), and AllianceBernstein
Investments, Inc. (``ABI'').

DATES:  Filing Dates: The application was filed on August 9, 2011.
Applicants have agreed to file an amendment during the notice period,
the substance of which is reflected in this notice.

HEARING OR NOTIFICATION OF HEARING: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on December 20, 2011, 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:  Secretary, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-1090; Applicants: 1345 Avenue of the
Americas, New York, New York 10105.

FOR FURTHER INFORMATION CONTACT:  Lewis B. Reich, Senior Counsel, at
(202)

551-6919, or Jennifer L. Sawin, 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 an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Fund is organized as a Maryland corporation and is
registered under the Act as an open-end management investment company.
The existing Applicant Fund (as defined below) is a separate investment
portfolio of the Fund and will invest in other registered investment
companies in reliance on Section 12(d)(1)(G) of the Act.
AllianceBernstein, a Delaware limited partnership, is an investment
adviser registered under the Investment Advisers Act of 1940, as
amended (the ``Advisers Act'') and currently serves as investment
adviser to the existing Applicant Fund. ABI is a Delaware corporation,
registered as a broker-dealer under the Securities Exchange Act of
1934, as amended, and serves as the distributor for the existing
Applicant Fund.
    2. Applicants request the exemption to the extent necessary to
permit an existing or future series of the Fund and any other existing
or future registered open-end investment company or series thereof that
(i) is advised by AllianceBernstein or any person controlling,
controlled by or under common control with AllianceBernstein that is
registered as an investment adviser under the Advisers Act (any such
adviser or AllianceBernstein, an ``Adviser''); (ii) that invests in
other registered open-end investment companies (``Underlying Funds'')
in reliance on section 12(d)(1)(G) of the Act; and (iii) is also
eligible to invest in securities (as defined in section 2(a)(36) of the
Act) in reliance on rule 12d1-2 under the Act (each an ``Applicant
Fund''), to also invest, to the extent consistent with its investment
objectives, policies, strategies and limitations, in financial
instruments that may not be securities within the meaning of section
2(a)(36) of the Act (``Other Investments'').\1\ Applicants also request
that the order exempt any entity controlling, controlled by or under
common control with ABI that now or in the future acts as principal
underwriter with respect to the transactions described in the
application.
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    \1\ Every existing entity that currently intends to rely on the
requested order is named as an applicant. Any existing or future
entity that relies on the requested order will do so only in
accordance with the terms and condition in the application.
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    3. Consistent with its fiduciary obligations under the Act, each
Applicant Fund's board of directors will review the advisory fees
charged by the Applicant Fund's Adviser to ensure that they are based
on services provided that are in addition to, rather than duplicative
of, services provided pursuant to the advisory agreement of any
investment company in which the Applicant Fund may invest.

Applicants' Legal Analysis

    1. Section 12(d)(1)(A) of the Act provides that no registered
investment company (``acquiring company'') may acquire securities of
another investment company (``acquired company'') if such securities
represent more than 3% of the acquired company's outstanding voting
stock or more than 5% of the acquiring company's total assets, or if
such securities, together with the securities of other investment
companies, represent more than 10% of the acquiring company's total
assets. Section 12(d)(1)(B) of the Act provides that no registered
open-end investment company may sell its securities to another
investment company if the sale would cause the acquiring company to own
more than 3% of the acquired company's voting stock, or cause more than
10% of the acquired company's voting stock to be owned by investment
companies and companies controlled by them.
    2. Section 12(d)(1)(G) of the Act provides, in part, that section
12(d)(1) will not apply to securities of an acquired company purchased
by an acquiring company if: (i) The acquired company and acquiring
company are part of the same group of investment companies; (ii) the
acquiring company holds only securities of acquired companies that are
part of the same group of investment companies, government securities,
and short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section
22(c) of the Act by a securities association registered under section
15A of the Exchange Act or by the Commission; and (iv) the acquired
company has a policy that prohibits it from acquiring securities of
registered open-end investment companies or registered unit investment
trusts in reliance on section 12(d)(1)(F) or (G) of the Act.
    3. Rule 12d1-2 under the Act permits a registered open-end
investment company or a registered unit investment trust that relies on
section 12(d)(1)(G) of the Act to acquire, in addition to securities
issued by another registered investment company in the same group of
investment companies, government securities, and short-term paper: (i)
Securities issued by an investment company that is not in the same
group of investment companies, when the acquisition is in reliance on
section 12(d)(1)(A) or 12(d)(1)(F) of the Act; (ii) securities (other
than securities issued by an investment company); and (iii) securities
issued by a money market fund, when the investment is in reliance on
rule 12d1-1 under the Act. For the purposes of rule 12d1-2,
``securities'' means any security as defined in section 2(a)(36) of the
Act.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction from any provision of the Act, or
from any rule under the Act, if such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policies and
provisions of the Act.
    5. Applicants state that the Applicant Funds will comply with rule
12d1-2 under the Act, but for the fact that the Applicant Funds may
invest a portion of their assets in Other Investments. Applicants
request an order under section 6(c) of the Act for an exemption from
rule 12d1-2(a) to allow the Applicant Funds to invest in Other
Investments while investing in Underlying Funds. Applicants assert that
permitting the Applicant Funds to invest in Other Investments as
described in the application would not raise any of the concerns that
the requirements of section 12(d)(1) were designed to address.

Applicants' Condition

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

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-31099 Filed 12-2-11; 8:45 am]
BILLING CODE 8011-01-P