[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29755-29757]
[FR Doc No: 2013-12093]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0473]

Human Immunodeficiency Virus Patient-Focused Drug Development and
Human Immunodeficiency Virus Cure Research: Public Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) is announcing a public
meeting and an opportunity for public comment on human immunodeficiency
virus (HIV) Patient-Focused Drug Development and HIV Cure Research.
Patient-Focused Drug Development is part of FDA's performance
commitments in the fifth authorization of the Prescription Drug User
Fee Act (PDUFA V). FDA is interested in obtaining patient input on the
impact of HIV on daily life, available therapies to treat the
condition, and patients' views on issues related to HIV cure research,
such as perceived benefits and acceptable risks for participating in
HIV cure research and clear communication of benefits and risks through
informed consent.

DATES: The public meeting will be held on Friday, June 14, 2013, from
9:30 a.m. to 5:30 p.m. Registration to attend the meeting must be
received by Wednesday, June 5, 2013. Submit electronic or written
comments by July 14, 2013. See the SUPPLEMENTARY INFORMATION section
for information on how to register for the meeting.

ADDRESSES: The meeting will be held at the FDA White Oak Campus, 10903
New Hampshire Ave., Building 31 Conference Center, in section A of the
Great Room (Room 1503), Silver Spring, MD 20993. Entrance for the
public meeting participants is through Building 1, where routine
security check procedures will be performed. For parking and security
information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    Submit electronic comments to www.regulations.gov. Submit written
comments to the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm 1061, Rockville, MD 20852. All
comments should be identified with the docket number found in brackets
in the heading of this document.
    FDA will post the complete agenda and additional meeting background
material approximately 5 days before the meeting at: http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm348598.htm.

FOR FURTHER INFORMATION CONTACT: Pujita Vaidya, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 1199, Silver Spring, MD 20993, 301-796-
0684, FAX:<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background on Patient-Focused Drug Development

    FDA has selected HIV to be the focus of a meeting under Patient-
Focused Drug Development, an initiative that involves obtaining a
better understanding of patients' perspectives on the severity of the
disease and the available therapies for the condition. Patient-Focused
Drug Development is being conducted to fulfill FDA performance
commitments made as part of the authorization of PDUFA under Title I of
the Food and Drug Safety and Innovation Act (FDASIA) (Pub. L. 112-144).
The full set of performance commitments is available on the FDA Web
site at http://www.fda.gov/downloads/forindustry/userfees/prescriptiondruguserfee/ucm270412.pdf.
    FDA has committed to obtain the patient perspective in 20 disease
areas during the course of PDUFA V. For each disease area, the Agency
will conduct a public meeting to discuss the disease and its impact on
patients' daily lives, the types of treatment benefit that matter most
to patients, and patients' perspectives on the adequacy of the
available therapies. These meetings will include participation of FDA
review divisions, the relevant patient community, and other interested
stakeholders.
    In the Federal Register of April 11, 2013 (78 FR 21613), FDA
published a document that announced the disease

areas for meetings in fiscal years (FY) 2013 to 2015, the first 3 years
of the 5-year PDUFA V timeframe. The Agency used several criteria to
develop the list of disease areas, outlined in the April 11, 2013,
Federal Register document. Public comment on the Agency's proposed
criteria and potential disease areas was gathered through a Federal
Register document for public comment that was published on September
24, 2012 (77 FR 58849), and a public meeting that was convened on
October 25, 2012. In selecting the set of disease areas, FDA carefully
considered the public comments received and the perspectives of review
divisions at FDA. By the end of FY 2015, FDA will initiate another
public process for determining the disease areas for FY 2016 to 2017.
More information, including the list of disease areas and a general
schedule of meetings, is posted on FDA's Web site at http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm326192.htm.

II. Public Meeting Information

A. Purpose and Scope of the Meeting

    As part of Patient-Focused Drug Development, FDA will gather input
from HIV patients and patient advocates on current approaches to
managing HIV and on symptoms experienced because of HIV or its
treatment. FDA is also interested in understanding patients'
perspective on issues related to HIV cure research. For the purposes of
this meeting, FDA considers HIV cure research to be any investigation
that evaluates a therapeutic intervention intended to control or
eliminate HIV infection to the point that no further medical
interventions are needed to maintain health. HIV cure research is in
early stages of testing in patients, but the products being evaluated
may represent important approaches to treating HIV. As in many areas of
research, clinical trials studying HIV cure interventions may not
provide direct benefit to a participant but may provide scientific
information that could guide future research and drug development.
Understanding patients' perspectives on the potential benefits and
risks of participating in HIV cure research studies will help FDA
evaluate sponsors' study protocols and informed consent procedures.
    For each of these topics, a brief initial patient panel discussion
will begin the dialogue and will be followed by a facilitated
discussion inviting comments from other patient and patient advocates.
The draft questions for both meeting topics are as follows:
    Topic 1: Patients' perspective on current approaches to managing
HIV and on symptoms experienced because of HIV or its treatment
    1. What are you currently doing to help manage your HIV and any
symptoms you experience because of your condition or other therapies?
(Examples may include prescription medicines, over-the-counter
products, and non-drug therapies such as diet modification.)
    1.1 What specific symptoms do your therapies or treatments address?
    1.2 How long have you been on treatment and how has your treatment
regimen changed over time?
    2. How well does your current treatment regimen treat any
significant symptoms of your condition?
    2.1 How well have these treatments worked for you as your condition
has changed over time?
    2.2 Are there symptoms that your current regimen does not address
at all, or does not treat as well as you would like?
    3. What are the most significant downsides to your current
therapies or treatments, and how do they affect your daily life?
(Examples of downsides could include bothersome side effects, physical
change to your body because of treatment, going to the hospital for
treatment, etc.)
    4. Of all the symptoms that you experience because of your
condition or because of your therapy or treatment, provide one to three
symptoms that have the most significant impact on your life? (Examples
could include diarrhea, insomnia, difficulty concentrating, etc.)
    4.1 Are there specific activities that are important to you but
that you cannot do at all or as fully as you would like because of your
condition? (Examples of activities may include sleeping through the
night, daily hygiene, driving, etc.)
    5. Assuming there is currently no complete cure for your condition,
what specific things would you look for in an ideal therapy or
treatment to manage your condition?
    Topic 2: Patients' perspectives on HIV Cure Research
    1. What do you believe are the benefits of participating in an HIV
cure research study?
    2. What would motivate you to participate or to not participate in
an HIV cure research study?
    3. What risks would you find unacceptable for participating in an
HIV cure research study, and why? (Examples of risks that may be
associated with participation in an HIV cure research study include
common side effects such as nausea and fatigue, and less common but
serious adverse events such as blood clots, infection, seizures and
cancer.)
    4. In certain HIV cure research studies, you would be asked to stop
any other HIV medications that you are currently taking. How would this
affect your decision whether to participate in an HIV cure research
study?
    5. The process of informed consent is an important way for the
researchers to communicate the purpose of an HIV research study, as
well as its expected benefits and potential risks, so that people can
make an informed decision whether to participate in the study.
    5.1 How should the informed consent clearly communicate to you the
purpose of an HIV cure research study, particularly when a study is
designed only to provide scientific information that could guide future
research and development of treatments?
    5.2 How should the informed consent clearly communicate to you the
potential benefits of an HIV cure research study? In particular, how
should the informed consent describe benefit when we do not think that
participants in the study may gain any direct health benefits?
    5.3 How should informed consent communicate clearly to you the
potential risks of participating in an HIV cure research study? In
particular, how should the informed consent describe a study if there
is very limited understanding about how the medications or
interventions may affect participants or what are the potential risks
of those interventions or medications?
    5.4 Is there any other information that you would find helpful when
deciding whether to enter an HIV cure research study?
    6. What else do you want FDA to know about HIV Cure Research from
your perspective?

B. Attendance and/or Participation in the Meeting

    If you wish to attend this meeting, visit http://patientfocusedhiv.eventbrite.com. Please register by June 7, 2013.
Those who are unable to attend the meeting in person can register to
view a live Web cast of the meeting. You will be asked to indicate in
your registration if you plan to attend in person or via the Web cast.
Your registration will also contain your complete contact information,
including name, title, affiliation, address, email address, and phone
number. Seating will be limited, so early registration is recommended.
Registration is free and will be on a first-come, first-served basis.
However, FDA

may limit the number of participants from each organization based on
space limitations. Registrants will receive confirmation once they have
been accepted. Onsite registration on the day of the meeting will be
based on space availability. If you need special accommodations because
of disability, please contact Pujita Vaidya (see FOR FURTHER
INFORMATION CONTACT) at least 7 days before the meeting.
    Patients who are interested in presenting comments as part of the
initial panel discussions will be asked to indicate in their
registration which topic(s) they wish to address. They will also be
asked to send via email to<EMAIL_ADDRESS>a brief summary
of responses to the topic(s) questions. Panelists will be notified of
their selection soon after the close of registration on June 5. FDA
will try to accommodate all patients and patient advocate participants
who wish to speak, either through the panel discussion or audience
participation; however the duration of comments may be limited by time
constraints.
    More information will be posted on the meeting Web site at least 5
days before the meeting date. Interested members of the public,
including those who attend the meeting in person or through the Web
cast, are invited to provide electronic or written responses to any or
all of the questions pertaining to Topics 1 and 2 to the Division of
Dockets Management (see ADDRESSES). Comments may be submitted until
July 14, 2013.

    Dated: May 15, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-12093 Filed 5-20-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68426-68427]
[DOCID:fr10no05-88]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-57-000]

Northern Natural Gas Company; Notice of Proposed Changes in FERC
Gas Tariff

November 2, 2005.
    Take notice that on October 28, 2005, Northern Natural Gas Company
(Northern) tendered for filing to become part of its FERC Gas Tariff,
Fifth Revised Volume No. 1, the following tariff sheets, with an
effective date of November 28, 2005:

Fifth Revised Sheet No. 104.
Fifth Revised Sheet No. 119.
Third Revised Sheet No. 125C.
Second Revised Sheet No. 127.
Eighth Revised Sheet No. 142.

    Northern states it is filing the above-referenced tariff sheets in
accordance

with the Commission's October 13, 2005 Order in Docket No. RP05-667-000
to allow Northern and shippers to negotiate contract extension options
on a not unduly discriminatory basis.
    Northern further states that copies of the filing have been mailed
to each of its customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6193 Filed 11-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Notices]
[Pages 7650-7654]
[FR Doc No: 2015-02796]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31448; File No. 812-14407]

NexPoint Credit Strategies Fund, et al.; Notice of Application

February 5, 2015.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 17(b) of
the Investment Company Act of 1940 (the ``Act'') granting an exemption
from section 17(a) of the Act, and under section 17(d) of the Act and
rule 17d-1 thereunder permitting certain joint transactions.

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Applicants: NexPoint Credit Strategies Fund (``NHF''), NexPoint
Residential Trust, Inc. (``NXRT REIT''), Freedom REIT, LLC (``Freedom
REIT'') (each, a ``Fund,'' and together, the ``Funds''), NexPoint
Advisors, L.P. (``NHF Adviser''), and NexPoint Real Estate Advisors,
L.P. (``NXRT Adviser'') (each, an ``Adviser,'' and together, the
``Advisers''), NexPoint Residential Trust Operating Partnership, L.P.
(``NXRT OP''), and NexPoint Residential Merger Company, LLC (``NXRT
LLC'') (collectively, the ``Applicants'').
SUMMARY: Summary of Application: Applicants seek an order to permit NHF
to transfer certain real estate assets (the ``Multifamily Properties'')
held by Freedom REIT, NHF's wholly-owned subsidiary, to NXRT REIT, a
real estate investment trust (``REIT'') and NHF's wholly-owned
subsidiary, in exchange for NXRT REIT common stock; to permit NHF to
distribute such common stock to NHF's shareholders; and to permit NXRT
Adviser to enter into an investment advisory agreement with NXRT REIT.

DATES: Filing Dates: The application was filed on December 22, 2014 and
amended on February 4, 2015.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on February 25, 2015 and should be accompanied by proof of service
on the applicants, in the form of an affidavit, or, for lawyers, a
certificate of service. Pursuant to Rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. The Applicants: c/o David J.
Harris, Esq., and Thomas J. Friedmann, Esq., Dechert LLP, 1900 K Street
NW., Washington, DC 20006-6808.

FOR FURTHER INFORMATION CONTACT: Anil K. Abraham, Senior Special
Counsel, at<PHONE_NUMBER>, or James M. Curtis, Branch Chief, at (202)
551-6712 (Division of Investment Management, Chief Counsel's Office).

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

Applicants' Representations

    1. NHF was organized as a Delaware statutory trust and is
registered under the Act as a non-diversified, closed-end management
investment company. NHF has elected to be treated as a regulated
investment company (``RIC'') under Subchapter M of the Internal Revenue
Code of 1986, as amended (the ``Code''). NHF's investment objectives
are to provide both current income and capital appreciation, which it
seeks to achieve by investing primarily in bonds and other debt
obligations, including below-investment grade debt obligations, and
equity.
    2. Freedom REIT, a direct, wholly-owned subsidiary \1\ of NHF, was
organized on October 12, 2012 as a Delaware limited liability company
and subsequently elected to be treated as a REIT under section 856 of
the Code. Freedom REIT is considered a single investment for purposes
of determining

NHF's compliance with its RIC diversification requirements and in NHF's
financial statements pursuant to rule 6-03 under the Securities
Exchange Act of 1934 (``Exchange Act'').
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    \1\ As defined in section 2(a)(43) of the Act, a ``wholly-owned
subsidiary'' of a person means a company 95% or more of the
outstanding voting securities of which are owned by such person, or
by a company which, within the meaning of this paragraph, is a
wholly-owned subsidiary of such person.
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    3. NXRT REIT was organized as a Maryland corporation and filed a
registration statement on Form 10 on September 29, 2014 to register its
shares under section 12(b) of the Exchange Act. NXRT REIT amended that
registration statement on November 7, 2014 and January 9, 2015. On the
effective date of the Spin-Off Transaction (defined below) (``Effective
Date''), NHF Adviser intends to cause the shares of NXRT REIT to be
listed on the New York Stock Exchange (``NYSE''). The business
objectives of NXRT REIT are to: (a) Deliver stable, attractive yields
and long-term capital appreciation to its shareholders; (b) acquire
multifamily properties in markets with attractive job growth and
household formation fundamentals primarily in the southeastern United
States and Texas; (c) acquire assets significantly below replacement
costs; (d) implement a value-add program to increase returns to
shareholders; and (e) own assets that provide lifestyle amenities and
upgraded living spaces to low and moderate income renters.
    4. NXRT OP was organized as a Delaware limited partnership and is
wholly-owned by NXRT REIT. NXRT OP was formed solely to implement the
Spin-Off Transaction and the subsequent operation of NXRT REIT's
business on a tax-efficient basis.
    5. NXRT LLC was organized as a Delaware limited liability company
and is wholly-owned by Freedom REIT. NXRT LLC was formed solely to
implement the Spin-Off Transaction on a tax-efficient basis.
    6. NHF Adviser was organized as a Delaware limited liability
company and is registered as an investment adviser under the Investment
Advisers Act of 1940 (``Advisers Act''). NHF Adviser is wholly-owned by
an affiliate of Highland Capital Management, L.P. (``Highland'').
Highland is also registered as an investment adviser under the Advisers
Act. NHF Adviser currently acts as the investment adviser to NHF
pursuant to an investment advisory agreement (the ``NHF Advisory
Agreement'') between NHF and NHF Adviser. NHF Adviser employs portfolio
management team members that currently manage Freedom REIT's portfolio.
    7. NXRT Adviser was organized as a Delaware limited partnership and
is registered as an investment adviser under the Advisers Act and is a
wholly-owned subsidiary of NHF Adviser. Following the Spin-Off
Transaction, NXRT Adviser will serve as the investment adviser to NXRT
REIT pursuant to an investment advisory agreement (``NXRT Advisory
Agreement''). Following the Spin-Off Transaction, the portfolio
management team members that currently manage Freedom REIT's portfolio
will advise NXRT REIT as employees of NXRT Adviser.
    8. NHF's current prospectus sets forth a non-fundamental policy of
investing at least 80% of NHF's assets in loans, bonds, debt
obligations, and structured products under normal market conditions.
NHF may invest up to 20% of its assets in other types of investments
(the ``20% Limit''). Accordingly, NHF limits its investment in Freedom
REIT to 20% of its total assets, or approximately $252 million as of
December 31, 2014. As of that date, the value of the Multifamily
Properties held by Freedom REIT was approximately $238 million, or
approximately 19% of the total assets of NHF. Based on additional
multifamily properties under contract and expected to close in the
first quarter of 2015, Freedom REIT is expected to approach the 20%
Limit in the first quarter of 2015, at which time NHF will be unable to
make additional investments in Freedom REIT.
    9. Without the consummation of the Spin-Off Transaction, NHF would
be unable to invest in additional multifamily real estate properties
for the benefit of its shareholders, and NHF Adviser would likely have
to liquidate Freedom REIT's Multifamily Properties over time in order
to maximize shareholder value. NHF Adviser believes the terms that NHF
would realize in connection with any such liquidation would be
significantly less favorable to NHF shareholders than if the
Multifamily Properties were spun-off in the Spin-Off Transaction.
    10. To enable NHF's shareholders to determine whether and to what
extent they will have exposure to multifamily real estate, the NHF
Board (``NHF Board''), including a majority of the trustees who are not
interested persons \2\ (as defined in section 2(a)(19) of the Act) (the
``Independent Trustees'') of NHF, has approved the Spin-Off
Transaction, subject to the issuance of the requested order and the
approval of a majority of the outstanding voting securities (as defined
in section 2(a)(42) of the Act) of NHF of the NXRT Advisory Agreement.
If the required approvals are obtained, NHF will cause: (a) Freedom
REIT to contribute the Multifamily Properties to NXRT LLC; (b) Freedom
REIT to distribute all of its membership interests in NXRT LLC to NHF;
and (c) NXRT LLC to merge with NXRT OP, a wholly-owned subsidiary of
NXRT REIT. NXRT REIT's acquisition of the Multifamily Properties will
be consistent with its investment goals, policies, and restrictions.
NHF will distribute all of the NXRT REIT shares on the Effective Date
to NHF shareholders (with the Freedom REIT's contribution of the
Multifamily Properties to NXRT LLC, the distribution of the membership
interests of NXRT LLC to NHF, the merger of NXRT LLC with NXRT OP and
the execution of the NXRT Advisory Agreement, collectively, the ``Spin-
Off Transaction'').
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    \2\ An ``interested person'' is defined under section 2(a)(19)
of the Act to include, among other things, ``any affiliated person''
of an investment company. Under section 2(a)(3) of the Act, an
``affiliated person'' of another person means (A) any person
directly or indirectly owning, controlling, or holding with power to
vote, 5 per centum or more of whose outstanding voting securities of
such other person; (B) any person 5 per centum or more of whose
outstanding voting securities are directly or indirectly owned,
controlled or held with power to vote, by such other person; (C) any
person directly or indirectly controlling, controlled by, or under
common control with, such other person; (D) any officer, director,
partner, copartner, or employee of such other person; (E) if such
other person is an investment company, any investment adviser
thereof or any member of an advisory board thereof; and (F) if such
other person is an unincorporated investment company not having a
board of directors, the depositor thereof.
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    11. Each NHF shareholder will receive a pro rata distribution of
NXRT REIT shares based upon the number of NHF shares that each
shareholder owns on the distribution record date. If such distribution
had occurred on December 31, 2014, the aggregate fair value of the
shares of NXRT REIT distributed to NHF shareholders would have been
$238 million.
    12. The Advisers believe that the Spin-Off Transaction offers the
most cost-effective and efficient means by which NHF shareholders can
be given the opportunity to choose for themselves whether, and to what
extent, they will continue NXRT REIT's multifamily property investment
strategy by continuing to hold the NXRT REIT shares they receive in the
Spin-Off Transaction. At the same time, the Spin-Off Transaction
creates a cost-effective way for NHF shareholders who are not
interested in having as much exposure to the multifamily real estate
market to receive immediate liquidity for all or a portion of such
assets.
    13. The Spin-Off Transaction will not be consummated unless and
until each of the following approvals is obtained: (a) The NHF Board
and a majority of the

Independent Trustees will approve the NXRT Advisory Agreement at an in-
person meeting of the NHF Board that complies with the procedural
requirements of section 15 of the Act; (b) NHF shareholder approval of
the NXRT Advisory Agreement will be sought at a special meeting of NHF
shareholders anticipated to be held in March 2014; and (c) the board of
directors of NXRT REIT (``NXRT Board''), including a majority of the
directors who are not interested persons (as defined in section
2(a)(19) of the Act) (the ``Independent Directors'') of NXRT, will
ratify and approve the NXRT Advisory Agreement in accordance with the
requirements of section 15(c) of the Act, and NXRT Adviser and NXRT
REIT will comply with section 15 of the Act, as provided in the
Condition below.
    14. The NHF Board, including its Independent Trustees, has
considered that the Spin-Off Transaction should result in the following
benefits to NHF shareholders: (a) NXRT REIT shares will be issued to
investors at a lower transaction cost than is typically the case for a
newly organized REIT because there will be no underwriting discounts or
commissions incurred by NHF, NXRT REIT, or any shareholder thereof in
connection with the Spin-Off Transaction; (b) NHF shareholders will not
incur incremental investment advisory fees relating to the management
of the Multifamily Properties as a result of the Spin-Off Transaction,
neither of the Advisers is entitled to receive, either before or after
the Spin-Off Transaction, a performance-based incentive fee,
internalization fee, or any ``break-up'' or termination fees under
their respective investment advisory contracts and the NXRT Advisory
Agreement will contain the same terms for reimbursement of
administrative costs and out-of-pocket expenses incurred by NXRT
Adviser and its affiliates as are currently in place for NHF and NHF
Adviser; (c) neither NHF Adviser nor NXRT Adviser will receive any
compensation other than fees under the NHF Advisory Agreement or the
NXRT Advisory Agreement in connection with the Spin-Off Transaction;
(d) although NXRT REIT will not be an investment company regulated
under the Act, NXRT REIT will commit in its articles of incorporation
that it will not enter into an investment advisory agreement unless
that agreement complies with section 15 of the Act and has been
approved in compliance with section 15(c) of the Act and any applicable
rules thereunder or published guidance of the Commission or its staff;
(e) the Independent Directors will not overlap with the Independent
Trustees; (f) the Spin-Off Transaction is not expected to increase or
decrease the aggregate net assets of NHF and NXRT REIT; and (g) NHF
shareholders will be able to maintain, increase or decrease their
exposure to the multifamily property market by holding, buying, or
selling, respectively, shares of NXRT REIT.
    15. The NXRT Advisory Agreement will be approved by a majority of
the NXRT Board, as well as by a majority of the Independent Directors,
at an in-person meeting called for such purpose. That agreement will
have an initial term of up to two years, and will continue thereafter
only if such continuance is approved in accordance with section 15(c)
of the Act. Any material change in the terms of the NXRT Advisory
Agreement will require the approval of a majority of the outstanding
voting securities (as defined in section 2(a)(42) of the Act) of NXRT
REIT, and the NXRT Advisory Agreement will terminate in the event of
its assignment (as defined in section 2(a)(4) of the Act). The NXRT
Advisory Agreement will be terminable by the board or shareholders of
NXRT REIT at any time on 60 days' notice without penalty. NXRT REIT's
articles of incorporation will also require that a majority of its
directors be Independent Directors.
    16. NHF Adviser believes that holding the Multifamily Properties in
NXRT REIT instead of NHF may benefit shareholders by reducing a
discount that may be attributable to such assets. NHF shares, like
shares of many registered closed-end funds, have traded at a discount
to net asset value (``NAV''). As of January 30, 2015, NHF shares were
trading at a 14.3% discount to NAV, whereas REIT shares generally trade
closer to their NAVs than registered closed-end funds such as NHF.
Based upon historical and current relative trading values in the
secondary market for REITs and closed-end funds, the Advisers
anticipate that NXRT REIT common stock will trade at or near its
implied NAV after the Spin-Off Transaction. If the common stock of NXRT
REIT trades at its implied NAV following the Spin-Off Transaction, NHF
shareholders would, in effect, have eliminated the discount on a
portion of their NHF shares. In addition, the discount at which many
closed-end fund shares trade limits a closed-end fund's ability to
raise incremental capital for investment, including investments
necessary to fund capital expenditures in multifamily properties. NXRT
REIT may be better able to realize the value of the Multifamily
Properties than would NHF, absent the Spin-Off Transaction. The
Applicants believe the Spin-Off Transaction is the most cost-effective
and efficient way to maximize value to NHF shareholders from the
Multifamily Properties.
    17. Counsel has advised NXRT REIT that the distribution of shares
of NXRT REIT to NHF shareholders likely will be a taxable event for NHF
shareholders, but NHF Adviser estimates that the tax impact of the
Spin-Off Transaction is likely to be modest. The realization of certain
taxable gains at NHF are expected to be substantially offset by
existing capital loss carry-forwards, scheduled to expire starting in
2015, to the extent that the Multifamily Properties have been held for
more than one year. Any gain not offset by such capital loss carry-
forwards will be recognizable by NHF shareholders to the extent it
exceeds undistributed net income. Distributing such gains may permit
NHF to avoid paying or to reduce federal excise tax on undistributed
income. The NHF Board, including the Independent Trustees, has
considered the potential tax consequences of the Spin-Off Transaction
and has determined that the significant benefits of the Spin-Off
Transaction outweigh the adverse tax consequences to NHF and its
shareholders, particularly because such tax consequences are expected
to be minimal.
    18. The costs of organizing NXRT REIT and effecting the
distribution of NXRT REIT shares to NHF shareholders, including the
fees and expenses of counsel and accountants and printing, listing and
registration fees, the costs of soliciting NHF's shareholders' approval
of the Transaction, and the costs incurred in connection with this
Application, are estimated to be approximately $3 million. These
expenses will be borne ratably by NHF and NXRT REIT, with such expense
allocations subject to the approval of the Independent Trustees and
Independent Directors. A portion of this amount represents costs that
would have been incurred directly or indirectly in the ordinary course
of operations by NHF. NXRT REIT will incur operating expenses on an
ongoing basis, including investment advisory fees and legal, auditing,
transfer agency, and custody expenses that, when aggregated with the
fees payable by NHF for similar services after the Spin-Off
Transaction, should be approximately the same as, or slightly higher
(due to marginal duplication) than, the fees currently payable by NHF
for such services. Under the terms of the NXRT Advisory Agreement, NXRT
Adviser will not receive any fees for investment advisory

services prior to the Effective Date. If the Spin-Off Transaction is
not completed by March 31, 2015, NHF will be obligated to pay
approximately $5 million in additional fees and expenses to the Federal
Home Loan Mortgage Corporation when the mortgages on the Multifamily
Properties are assigned.

Applicants' Legal Analysis

    1. Applicants request an order under section 17(b) of the Act
granting an exemption from section 17(a) of the Act and under section
17(d) of the Act and rule17d-1 thereunder permitting certain joint
transactions.
    2. Section 17(a) of the Act generally prohibits sales or purchases
of securities between a registered investment company and an affiliated
person of that investment company. Section 2(a)(3) of the Act defines
an ``affiliated person'' of another person to include (a) any person
directly or indirectly owning, controlling, or holding with power to
vote 5% or more of the outstanding voting securities of the other
person, (b) any person 5% or more of whose voting securities are
directly or indirectly owned controlled or held with the power to vote
by the other person, and (c) any person directly or indirectly
controlling, controlled by, or under common control with, the other
person. Each of Freedom REIT and NXRT REIT may be viewed as an
affiliated person of NHF under section 2(a)(3) because NHF will own,
directly or indirectly, 100% of the outstanding voting securities of
each prior to the consummation of the Spin-Off Transaction. Each of
Freedom REIT and NXRT REIT may also be viewed as an affiliated person
of NHF to the extent that they may be deemed to be under common control
by virtue of having investment advisers that are under common control.
As a result of the affiliation between NHF and each of Freedom REIT and
NXRT REIT, section 17(a)(1) could be deemed to prohibit (a) Freedom
REIT's contribution of the Multifamily Properties to NXRT REIT for
shares issued by NXRT REIT and (b) Freedom REIT's distribution to NHF
of the NXRT REIT shares, and section 17(a)(2) could be deemed to
prohibit NXRT REIT from purchasing the Multifamily Properties in
consideration for shares issued by NXRT REIT.
    3. Applicants request an exemption pursuant to section 17(b) of the
Act from the provisions of section 17(a) to permit the Applicants to
effect the Spin-Off Transaction. Section 17(b) authorizes the
Commission to issue such an exemptive order if the Commission finds
that the terms of the proposed transaction are fair and reasonable and
do not involve overreaching on the part of any persons concerned, and
the proposed transaction is consistent with the policy of each
registered investment company and the general purposes of the Act.
    4. Applicants assert that the terms of the Spin-Off Transaction,
including the consideration to be paid or received, are fair and
reasonable and do not involve overreaching by any person concerned.
Applicants state that the proposed contribution by Freedom REIT of the
Multifamily Properties to NXRT REIT in exchange for shares of NXRT REIT
common stock will not change the fair value of such assets as
determined by NHF Adviser in accordance with the valuation policies
established by, and subject to the supervision of, the NHF Board. Such
valuations will be passed upon by the NHF Board and NXRT REIT Board
(including the Independent Trustees and Independent Directors,
respectively, thereon) on a business day to be selected by the NHF
Board (the ``Valuation Date''). As noted above, it is anticipated that
such assets will consist largely of the Multifamily Properties, which
have been held by Freedom REIT, on average, for several fiscal quarters
and the valuation of which is well understood by NHF Adviser and the
NHF Board. The shares of NXRT REIT that will be distributed to the NHF
shareholders pro rata in the Spin-Off Transaction will be valued based
on the value of NXRT REIT's assets.
    5. The Spin-Off Transaction will be consistent with the investment
policies of NHF and NXRT REIT, as will be fully disclosed to
shareholders of NHF in the proxy statement seeking NHF shareholder
approval of the NXRT Advisory Agreement (``Proxy Statement'') and as
disclosed by NXRT REIT in its registration statement on Form 10. The
Proxy Statement that will be used to solicit the approval of NHF's
shareholders for the NXRT Advisory Agreement will describe the
investment objectives and policies of NHF and NXRT REIT, the management
of NXRT REIT, and the terms of the Spin-Off Transaction. The Proxy
Statement will be used to solicit the approval of NHF's shareholders of
the Spin-Off Transaction at shareholder meeting to take place following
the issuance of the requested order. NHF's shareholders will have the
opportunity to vote after having received all material disclosure
concerning the NXRT Advisory Agreement. The Spin-Off Transaction will
not change the underlying assets owned by current NHF shareholders.
However, following the Spin-Off Transaction certain of such assets, the
Multifamily Properties, will be held through a REIT not regulated under
the Act. The remaining assets will continue to be held through NHF, a
closed-end management investment company regulated under the Act.
    6. The Applicants assert that the proposed Spin-Off Transaction is
being proposed to benefit NHF and its shareholders. The NHF Board and
the NXRT Board, including a majority of each's Independent Trustees and
Independent Directors, respectively, have each determined that
participation in the Spin-Off Transaction is in the best interests of
NHF and NXRT REIT, as applicable, and that the interests of the
existing stockholders of NHF will not be diluted as a result of
effecting the Spin-Off Transaction. Such findings, and the basis upon
which the findings were made, will be recorded fully in the minute
books of NHF and NXRT REIT.
    7. Applicants also seek an order under section 17(d) of the Act and
rule 17d-1 thereunder. Section 17(d) of the Act and rule 17d-1
thereunder generally prohibit, among other things, transactions in
which a registered investment company and any affiliated person of such
a company may be deemed to be acting jointly and as principal. In
passing on applications for these orders, rule 17d-1 provides that the
Commission will consider whether the participation of the investment
company is consistent with the provisions, policies and purposes of the
Act, and the extent to which the participation is on a basis different
from or less advantageous than that of the other participants.
Applicants request an order pursuant to rule 17d-1 to the extent that
the participation of the Applicants in the Spin-Off Transaction may be
deemed to constitute a prohibited joint transaction.
    8. Applicants state that the Spin-Off Transaction will not place
any of NHF, NXRT REIT or existing NHF shareholders in a position less
advantageous than that of any other participant in the Spin-Off
Transaction. The value of NHF's assets transferred to NXRT REIT (and
the shares of NXRT REIT stock received in return) will be based on
their fair values as determined by the Advisers and the Boards of the
Funds on the Valuation Date in accordance with the requirements of the
Act and pursuant to valuation policies and procedures adopted by the
Boards of NHF and NXRT REIT. The NXRT REIT shares will be distributed
to NHF's shareholders, leaving such shareholders in the same investment
posture immediately following the Spin-Off Transaction as before,
subject only to the allocation of transaction costs and expenses and
changes in the market

prices of the underlying assets subsequent to the Spin-Off Transaction.
    9. Applicants assert that the Spin-Off Transaction is being
proposed to benefit NHF shareholders. The advisory fees for NXRT REIT
will be substantially similar to those paid by NHF prior to the Spin-
Off Transaction, and neither Adviser nor any affiliated person of NHF
or NXRT REIT will receive additional fees on a consolidated basis
solely as a result of the Spin-Off Transaction. The Board of NHF has
determined that the prospective benefits to the Advisers would be
marginal compared to the prospective benefits to NHF shareholders. In
addition, by consummating the Spin-Off Transaction, NHF would enable
its shareholders to receive securities without the costs associated
with a public offering.

Applicants' Condition

    NXRT REIT will commit in its articles of incorporation that it will
comply with section 15 of the Act as if it were an investment company
registered under the Act, and that it will not enter into an investment
advisory agreement unless that agreement complies with section 15 of
the Act and any applicable rules thereunder or published guidance of
the Commission or its staff.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Brent J. Fields,
Secretary.
[FR Doc. 2015-02796 Filed 2-10-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Pages 29336-29337]
[FR Doc No: 2012-11955]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0253; FRL-9517-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Nonmetallic Mineral
Processing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before June 18, 2012.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2011-0253, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 9, 2011 (76 FR 26900), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2011-0253, which is available for public viewing
online at http://www.regulations.gov, or in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The
EPA Docket Center 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 Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov to either submit or view public comments, access
the index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then

key in the docket ID number identified above. Please note that EPA's
policy is that public comments, whether submitted either electronically
or in paper, will be made available for public viewing at http://www.regulations.gov, as EPA receives them and without change, unless
the comment contains copyrighted material, Confidential Business
Information (CBI), or other information whose public disclosure is
restricted by statute. For further information about the electronic
docket, go to www.regulations.gov.
    Title: NSPS for Nonmetallic Mineral Processing (Renewal).
    ICR Numbers: EPA ICR Number 1084.12, OMB Control Number 2060-0050.
    ICR Status: This ICR is scheduled to expire on June 30, 2012. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB.
    Abstract: The affected entities are subject to the General
Provisions of the NSPS at 40 CFR part 60, subpart A, and any changes,
or additions to the Provisions specified at 40 CFR part 60, subpart
OOO.
    These regulations apply to the following affected facilities in
fixed or portable nonmetallic mineral processing plants: Each crusher,
grinding mill, screening operation, bucket elevator, belt conveyor,
bagging operation, storage bin, and enclosed truck or railcar loading
station. These regulations also applies to, crushers and grinding mills
at hot mix asphalt facilities that reduce the size of nonmetallic
minerals embedded in recycled asphalt pavement and subsequent affected
facilities up to, but not including, the first storage silo or bin are
subject to the provisions of the subpart.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative.
    All reports are sent to the delegated state or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA regional office. This information is being
collected to assure compliance with 40 CFR part 60, subpart OOO, as
authorized in section 112 and 114(a) of the Clean Air Act. The required
information consists of emissions data and other information that have
been determined to be private.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB Control Number. The OMB Control Numbers for the EPA
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 2
hours per response. ``Burden'' means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information either to or for a Federal agency.
This includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Owners or operators of nonmetallic
mineral processing facilities
    Estimated Number of Respondents: 4,697.
    Frequency of Response: Initially and occasionally.
    Estimated Total Annual Hour Burden: 12,374.
    Estimated Total Annual Cost: $1,340,274, which includes $1,185,697
in labor costs, $154,577 in capital/startup costs, and no operation and
maintenance (O&M) costs.
    Changes in the Estimates: There is an increase in the labor hours
for both the respondents and the Agency in this ICR compared to the
previous ICR. This is due to two considerations. First, performance
testing for existing sources will begin 5 years after the initial
performance testing following the 2009 ICR amendments, which
corresponds to the third year of this renewal. Beginning in the third
year of this ICR renewal, 60.9 sources per year would conduct 5-year
repeat fugitive Method 9 performance tests. These tests are only
required for crushed/broken stone and sand/gravel facilities that do
not have water sprays. This yields an annual average of 20.3 sources
requiring Method 9 performance tests over the next 3 years. Secondly,
there is an increase in the total number of respondents subject to the
rule due to a growth in the respondent universe.
    There is also an increase in the total labor and Agency costs as
currently identified in the OMB Inventory of Approved Burdens. The
change in cost estimates reflects the changes in respondent numbers
(described above) and updated labor rates available from the Bureau of
Labor Statistics.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-11955 Filed 5-16-12; 8:45 am]
BILLING CODE 6560-50-P


Hodayah Finman/ DC/ USEPA/ US 02/ 17/ 2006 11: 59 AM To cc bcc Subject Fw: Proposed EPA Rules at OMB  Request for Comments  Forwarded by Hodayah Finman/ DC/ USEPA/ US on 02/ 17/ 2006 11: 59 AM  Bella Maranion/ DC/ USEPA/ US 02/ 06/ 2006 04: 25 PM To Hodayah Finman/ DC/ USEPA/ US@ EPA cc Julius Banks/ DC/ USEPA/ US@ EPA Subject Fw: Proposed EPA Rules at OMB  Request for Comments Hodayah, It seems the only issue DoD is raising is to change the definition to use the term " aircraft" rather than " airline":

" Aircraft halon bottle means a vessel used as a component of an aircraft airlinefire suppression system containing halon 1301."

I would support the change on the basis that it makes the definition more accurate by not implicitly limiting it to only bottles coming into the US from commercial airlines because of use of the term " airlines", but to make the rule applicable to any aircraft halon bottles brought in. I don't believe this should raise any issues with the US servicing companies or if you need to run this change by them.

If you want to discuss, please let me know.

Thanks, Bella Bella A. Maranion, Program Analyst Alternatives and Emissions Reduction Branch Stratospheric Protection Division, Office of Atmospheric Programs Office of Air and Radiation U. S. Environmental Protection Agency 1200 Pennsylvania Avenue, N. W. ( mailstop 6205J) Washington, D. C. 20460 0001 phone: ( 202) 343 9749 fax: ( 202) 343 2363 e mail: maranion. bella@ epa. gov  Forwarded by Bella Maranion/ DC/ USEPA/ US on 02/ 06/ 2006 04: 15 PM  Pete Mullenhard < PETER. M. MULLENHARD@ saic. com> Sent by: peter. m. mullenhard@ saic. com 02/ 06/ 2006 04: 09 PM Please respond to peter. m. mullenhard@ saic. com To Bella Maranion/ DC/ USEPA/ US@ EPA cc Hodayah Finman/ DC/ USEPA/ US@ EPA, william. leach@ navy. mil, Jim Rudroff < jim. rudroff@ navy. mil>, gregory. toms@ navy. mil, Sherman Forbes < sherman. forbes@ pentagon. af. mil>, Kenneth. Dormer@ pentagon. af. mil Subject RE: Proposed EPA Rules at OMB  Request for Comments Bella,

I'm pretty sure that at least some bottles on military aircraft sold to other foreign militaries are sent back to the US for servicing. Whether this is considered an " import" or not, I don't know. Also, what about other categories of transport aircraft such as air cargo. Wouldn't foreign air cargo companies send their bottles back to the US for servicing just like the airlines? For example, Boeing 737/ 747/ 767/ 777 aircraft are sold to airlines, air cargo companies, foreign militaries, and other corporations ( Boeing Business Jets) throughout the world. Seems like it is likely that others besides the airlines may ship bottles back to US service companies. Just thought it might be something for you to ask the service companies. Seems like it would be an easy modification to the definition as follows: " Aircraft halon bottle means a vessel used as a component of an aircraft fire suppression system containing halon 1301."

Pete Mullenhard Senior Engineer GEO CENTERS Operation Homeland Protection and Preparedness Business Unit Science Applications International Corporation ( SAIC) 2001 Jefferson Davis Hwy, Suite 307 Arlington, VA 22202 Phone: ( 703) 562 4135 Fax: ( 703) 416 1178 E mail: peter. m. mullenhard@ saic. com  Original Message From: Maranion. Bella@ epamail. epa. gov [ mailto: Maranion. Bella@ epamail. epa. gov]

Sent: Monday, February 06, 2006 2: 14 PM To: peter. m. mullenhard@ saic. com Cc: finman. hodayah@ epamail. epa. gov; william. leach@ navy. mil Subject: RE: Proposed EPA Rules at OMB  Request for Comments Pete and Bill, I think an important distinction is that the rule is intended to address " imported" aircraft halon bottles for servicing. The practice being addressed is that commercial airlines are returning these bottles to US servicing companies for testing, and the intent of the rule is to ease the burden/ streamline the process ( import petition process) for these companies and airlines. Does the other aircraft, particularly military, that you mention observe this similar practice of bringing in bottles for servicing in the US that would have to go through an ODS import petition process? I'm not sure that this particular rule applies.

Bella Pete Mullenhard < PETER. M. MULLENH ARD@ saic. com> To Sent by: william. leach@ navy. mil peter. m. mullenha cc rd@ saic. com Hodayah Finman/ DC/ USEPA/ US@ EPA, Kenneth. Dormer@ pentagon. af. mil, Sherman Forbes 02/ 06/ 2006 01: 28 < sherman. forbes@ pentagon. af. mil>, PM Bella Maranion/ DC/ USEPA/ US@ EPA, Jim Rudroff < jim. rudroff@ navy. mil>, Please respond gregory. toms@ navy. mil to Subject peter. m. mullenha RE: Proposed EPA Rules at OMB  rd@ saic. com Request for Comments Bill,

The term " spherical" is not actually used in the definition in the rule which is:

Aircraft halon bottle means a vessel used as a component of an airline fire suppression system containing halon 1301.

However, now that you mention it, the term " airline fire suppression system" does not seem to encompass all of the types of aircraft that use fire suppression systems and use these bottles ( military, cargo carriers, private aircraft, corporate aircraft, etc.) since I believe the term " airline" is generally defined as a commercial enterprise that provides scheduled flights for passengers.

I'll pass this along to EPA so they can take a look at it.

V/ r, Pete Mullenhard Senior Engineer GEO CENTERS Operation Homeland Protection and Preparedness Business Unit Science Applications International Corporation ( SAIC) 2001 Jefferson Davis Hwy, Suite 307 Arlington, VA 22202 Phone: ( 703) 562 4135 Fax: ( 703) 416 1178 E mail: peter. m. mullenhard@ saic. com From: william. leach@ navy. mil [ mailto: william. leach@ navy. mil] Sent: Monday, February 06, 2006 10: 28 AM To: peter. m. mullenhard@ saic. com Subject: RE: Proposed EPA Rules at OMB  Request for Comments Pete, How critical is the word " spherical"? At least one of the Navy's aircraft engine halon bottles ( F/ A 18) is more Tylenol shaped  definitely not spherical. Any concern here?

Thanks much.

Bill  Original Message From: peter. m. mullenhard@ saic. com [ mailto: peter. m. mullenhard@ saic. com] Sent: Monday, January 30, 2006 11: 09 AM To: ' Dormer, Kenneth Ctr SAF/ AQRE'; ' Forbes, Sherman Civ SAF/ AQRE'; ' Koehler Contractor, David CCI'; Toms, Gregory S CIV SEA 05; ' Elliott, Martin G Mr ACSIM'; odsreserve@ dscr. dla. mil; '' David Coffie' '; OSD ATL Asiello; GravesDI@ hqmc. usmc. mil; ' Verdonik Contractor, Daniel OCR'; Leach, William CIV NAVAIR AIR <IP_ADDRESS>; Hammerer, Mary Q CIV NAVAIR; ' Manzione, John Mr RDECOM CERDEC C2D APES' Cc: Rudroff, Jim CIV; ' George Barchuk '; Mestey, Felix CIV ( NAVFACHQ); Michael Cernoch Subject: Proposed EPA Rules at OMB  Request for Comments Importance: High All,

I received no comments on the proposed SNAP rule to list HFC 152a and CO2 as acceptable alternatives for new design Motor Vehicle Air Conditioners ( MVAC) subject to certain use restrictions and the direct final rule that would exempt entities that import aircraft fire extinguishing spherical pressure vessels containing halon 1301 (" aircraft halon bottles") for hydrostatic testing from the import petitioning requirements for used controlled substances. As such, the ODS Services Steering Committee does not plan to submit any comments to OMB on these two rules.

V/ r, Pete Mullenhard Senior Engineer GEO CENTERS Operation Homeland Protection and Preparedness Business Unit Science Applications International Corporation ( SAIC) 2001 Jefferson Davis Hwy, Suite 307 Arlington, VA 22202 Phone: ( 703) 562 4135 Fax: ( 703) 416 1178 E mail: peter. m. mullenhard@ saic. com


[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Page 60777]
[FR Doc No: 2020-21338]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

    Docket Numbers: RP20-1201-000.
    Applicants: Dominion Energy Overthrust Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Non-conforming TSAs, Citadel
Amendment No. 36 to be effective 10/1/2020.
    Filed Date: 9/21/20.
    Accession Number: 20200921-5103.
    Comments Due: 5 p.m. ET 10/5/20.

    Docket Numbers: RP20-1203-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: September 22 Neg Rate
Amendment to be effective 9/22/2020.
    Filed Date: 9/21/20.
    Accession Number: 20200921-5163.
    Comments Due: 5 p.m. ET 10/5/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). 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: September 22, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-21338 Filed 9-25-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Notices]
[Page 67642]
[FR Doc No: 2012-27507]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL13-16-000]

The Municipal Electric Utilities, Association of New York,
Complainant v. Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc., Respondent; Notice of Complaint

    Take notice that on November 2, 2012, pursuant to section 206 of
the Rules of Practice and Procedure of the Federal Energy Regulatory
Commission (Commission), 18 CFR 385.206 and sections 206 and 306 of the
Federal Power Act, 16 U.S.C. 824(e) and 825(e), the Municipal Electric
Utilities Association of New York (MEUA) filed a formal complaint
against Niagara Mohawk Power Corporation (NMPC) and the New York
Independent System Operation, Inc. (NYISO) alleging that, NMPC's
current Transmission Service Charge under the NYISO Open Access
Transmission Tariff is unjust and unreasonable and proposing a just and
reasonable alternative rate. MEUA named NYISO as a Respondent because
NMPC's Transmission Service Charge is administered under the NYISO
tariff.
    MEUA certifies that copies of the complaint were served on the
contacts for NMPC and NYISO as listed on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on November 23, 2012.

    Dated: November 6, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-27507 Filed 11-9-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Notices]
[Pages 14407-14413]
[FR Doc No: 2011-6079]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0109]

Exchange of Letters Between Dr. Murray M. Lumpkin, Deputy
Commissioner, International Programs, Food and Drug Administration and
Mr. Martin Heraghty, Assistant Secretary General, Department of
Agriculture, Fisheries and Food of Ireland Concerning Certification
Requirements for Caseins, Caseinates, and Mixtures Thereof Exported
From Ireland to the United States

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is providing notice of
exchange of letters between Dr. Murray M. Lumpkin, Deputy Commissioner,
International and Special Programs, FDA and Mr. Martin Heraghty,
Assistant Secretary General, Department of Agriculture, Fisheries and
Food (DAFF), concerning certification requirements for caseins,
caseinates, and mixtures thereof exported from Ireland to the United
States.
    The mutual goals of FDA and DAFF in establishing certification
requirements for caseins, caseinates, and mixtures thereof exported
from Ireland to the United States are to assure that contaminated
products will not be imported into the United States and to minimize
the need for extensive FDA audit sampling of these products from
Ireland. DAFF and FDA have a history of cooperation on this issue and
it is, therefore, desirable that the two Agencies continue to cooperate
to maintain and improve consumer protection.

DATES: The agreement became effective November 10, 2010.

FOR FURTHER INFORMATION CONTACT: David P. Kelly, Office of
International Programs, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, rm. 3404, Silver Spring, MD 20993-0002, 301-
796-8373, Fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 20.108(c), which
states that all written agreements and understandings between FDA and
others shall be published in the Federal Register, the Agency is
publishing notice of this agreement.

    Dated: March 10, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
BILLING CODE 4160-01-P

[GRAPHIC] [TIFF OMITTED] TN16MR11.008

[GRAPHIC] [TIFF OMITTED] TN16MR11.009

[GRAPHIC] [TIFF OMITTED] TN16MR11.010

[GRAPHIC] [TIFF OMITTED] TN16MR11.011

[GRAPHIC] [TIFF OMITTED] TN16MR11.012

[GRAPHIC] [TIFF OMITTED] TN16MR11.013

[FR Doc. 2011-6079 Filed 3-15-11; 8:45 am]
BILLING CODE 4160-01-C


[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59610-59611]
[FR Doc No: 2015-24953]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0246; FRL-9931-19-Region 9]

Revisions to the California State Implementation Plan, Butte
County Air Quality Management District, Feather River Air Quality
Management District, and San Luis Obispo County Air Pollution Control
District; Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On June 11, 2015, the Environmental Protection Agency (EPA)
published a final rule in the Federal Register approving a revision to
the Butte County Air Quality Management District (BCAQMD) portion of
the California State Implementation Plan (SIP). In that rulemaking, the
EPA indicated that final approval of the revision would supersede
certain older rules in the California SIP but failed to include
regulatory text to that effect. This document adds appropriate
regulatory text to correct that omission, clarifying the specific
regulations that were superseded and that are no longer part of the
applicable California SIP, and adds a line of text identifying the
affected air quality district that was missing in the original action.

DATES: This action is effective on October 2, 2015.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a
rulemaking related to BCAQMD's SIP-approved definitions. On June 11,
2015 (80 FR 33195), the EPA published a direct final rulemaking action
approving revisions to various sections of the California State
Implementation Plan (SIP). This action contained regulatory text
amendments to 40 CFR part 52, subpart F. The amendments, which
incorporated material by reference into section 52.220, Identification
of plan, paragraph (c)(457), omitted regulatory language that addressed
the replacement of Butte County Air Pollution Control District (BCAPCD)
Rule 101--``Title'' and parts of BCAPCD Rule 102--``Definitions'' with
BCAQMD Rule 101--``Definitions'' as described in Footnote 1 of 80 FR
33195. This action adds regulatory text to clarify the rules or
portions of rules that were superseded in the Butte County AQMD portion
of the California SIP by our June 11, 2015 direct final action.
    The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedures Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action is
unnecessary because this action correcting inadvertent regulatory text
errors included in the EPA's June 11, 2015 final rule is consistent
with the substantive revision to the California SIP as described in the
preamble of said action concerning definitions for the BCAQMD portion
of the California SIP. In addition, the EPA can identify no particular
reason why the public would be interested in having the opportunity to
comment on the correction prior to this action being finalized, since
this correction action does not change the EPA's analysis or overall
action related to the approval of BCAQMD's revisions to their
definitions into the California SIP.
    The EPA also finds that there is good cause under APA section
553(d)(3) for this correction to become effective on the date of
publication of this action. Section 553(d)(3) of the APA allows an
effective date of less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.'' 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period
prescribed in APA section 553(d)(3) is to give affected parties a
reasonable time to adjust their behaviour and prepare before the final
rule takes effect. This rule, however, does not create any new
regulatory requirements such that affected parties would need time to
prepare before the rule takes effect. Rather, this action merely
corrects inadvertent errors for the regulatory text of the EPA's prior
rulemaking for the California SIP. For these reasons, the EPA finds
good cause under APA section 553(d)(3) for this correction to become
effective on the date of publication of this action.

Need for Correction

    As published, the final regulations omitted amendatory language
that addressed the replacement of BCAQMD Rule 101.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and

is therefore not subject to review by the Office of Management and
Budget. In addition, this action does not impose any enforceable duty
or contain any unfunded mandate as described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation with
State officials as specified by Executive Order 12875 (58 FR 58093,
October 28, 1993), or involve special consideration of environmental
justice related issues as required by Executive Order 12898 (59 FR
7629, February 16, 1994).
    Because this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute, it is not subject to the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.)
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the 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 General Accounting Office prior to publication of this rule in
the Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: September 14, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Accordingly, 40 CFR part 52 is corrected by making the following
correcting amendments:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by:
0
a. Revising paragraph (c)(168)(i)(A)(7); and
0
b. Revising paragraph (c)(457)(i)(C).
    The revised text reads as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (168) * * *
    (i) * * *
    (A) * * *
    (7) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(457)(i)(C)(1): Rule 101 ``Title'' and Rule 102
``Definitions'', except for the following definitions from existing SIP
BCAPCD Rule 102: ``approved ignition devices,'' ``open out-door fire'',
``permissive burn day,'' ``range improvement burning,'' ``submerged
fill pipe,'' and ``vapor recovery system.''.
* * * * *
    (457) * * *
    (i) * * *
    (C) Butte County Air Quality Management District.
    (1) Rule 101, ``Definitions,'' amended on April 24, 2014.
* * * * *

[FR Doc. 2015-24953 Filed 10-1-15; 8:45 am]
 BILLING CODE 6560-50-P


123456789 10 11 12 13 14 15 16 A B C D E F G H Date: 3 Feb 03 Author: US EPA Comments: This file presents the costing module compliance decisions for the proposed main option for detailed questionnaire facilities withdrawing from Great Lakes, Oceans, and Freshwater Lakes/ Reservoirs.

Confidentiality: Non CBI 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 A B C D E F G H I J K L Survey ID CWIS ID Unique Intake ID Under Capacity Utilization Cutoff?

( 1= yes) Impingement Compliance Requirement?

( 1= yes) Entrainment Compliance Requirement?

( 1= yes) Technology Costing Module Application Technology Costing Module Application ( additional) Debris Loading ( 1= high, 0 = typical) Relocation Distance Estimate. ( meters)

DETAILED QUESTIONNAIRE INTAKES Once through, Combination, or Other Cooling Systems In Place Great Lake Intakes DUT1002 1 DUT10021 0 1 1 2 0 0 0 DUT1002 2 DUT10022 0 1 1 2 0 0 0 DUT1007 1 DUT10071 0 1 1 11 0 0 0 DUT1033 1 DUT10331 0 1 1 11 0 0 0 DUT1034 1 DUT10341 0 1 1 2 0 0 0 DUT1068 1 DUT10681 0 1 1 11 0 1 0 DUT1086 1 DUT10861 0 1 1 2 0 1 0 DUT1086 2 DUT10862 0 1 1 2 0 1 0 DUT1093 1 DUT10931 0 1 1 9 0 0 0 DUT1122 1 DUT11221 1 1 0 5 0 0 0 DUT1123 1 DUT11231 0 1 1 11 0 0 0 DUT1123 2 DUT11232 0 1 1 11 0 0 0 DUT1123 3 DUT11233 0 1 1 11 0 1 0 DUT1133 1 DUT11331 0 1 1 11 0 0 0 DUT1134 1 DUT11341 0 1 1 2 5 0 0 DUT1160 1 DUT11601 0 1 1 3 0 1 0 DUT1197 1 DUT11971 0 1 1 11 0 1 0 DUT1202 1 DUT12021 0 1 1 11 0 0 0 DUT1202 2 DUT12022 0 1 1 9 0 0 0 DUT1219 1 DUT12191 0 1 1 2 0 1 0 DUT1240 1 DUT12401 0 1 1 11 0 0 0 DUT1240 2 DUT12402 0 1 1 9 0 0 0 DUT1256 1 DUT12561 0 1 1 11 0 0 0 DUT1258 1 DUT12581 0 1 1 3 0 0 0 DUT1258 2 DUT12582 0 1 1 3 0 0 0 DUT1258 3 DUT12583 0 1 1 3 0 0 0 DUT1259 1 DUT12591 0 1 1 3 0 0 0 DUT1269 1 DUT12691 0 1 1 11 0 0 0 DUT1271 1 DUT12711 0 1 1 7 0 0 500 Lake / Reservoir Intakes DMU3244 1 DMU32441 0 1 0 1 0 0 0 DMU3244 2 DMU32442 0 1 0 1 0 0 0 DNU2007 1 DNU20071 0 1 0 8 0 0 0 DUT1011 1 DUT10111 0 1 0 1 0 0 0 DUT1022 1 DUT10221 0 1 0 1 0 0 0 DUT1035 1 DUT10351 0 1 0 5 0 0 0 DUT1036 1 DUT10361 0 1 0 1 0 1 0 DUT1038 1 DUT10381 0 1 0 1 0 0 0 DUT1039 1 DUT10391 0 1 0 0 0 0 0 DUT1043 1 DUT10431 1 1 0 5 0 0 0 DUT1044 1 DUT10441 0 1 0 5 0 0 0 DUT1048 1 DUT10481 1 1 0 1 0 0 0 DUT1048 2 DUT10482 1 1 0 1 0 0 0 DUT1050 1 DUT10501 0 1 0 5 0 0 0 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 A B C D E F G H I J K L DUT1060 2 DUT10602 0 1 0 1 0 0 0 DUT1061 1 DUT10611 0 1 0 0 0 0 0 DUT1061 2 DUT10612 0 1 0 1 0 0 0 DUT1062 1 DUT10621 0 1 0 5 0 0 0 DUT1067 1 DUT10671 0 1 0 5 0 0 0 DUT1067 2 DUT10672 0 1 0 5 0 0 0 DUT1067 3 DUT10673 0 1 0 5 0 0 0 DUT1072 1 DUT10721 0 1 0 1 0 0 0 DUT1074 1 DUT10741 0 1 0 0 0 0 0 DUT1075 1 DUT10751 0 1 0 5 0 0 0 DUT1084 1 DUT10841 0 1 0 1 0 0 0 DUT1087 1 DUT10871 0 1 0 0 0 0 0 DUT1103 1 DUT11031 0 1 0 5 0 0 0 DUT1103 2 DUT11032 0 1 0 5 0 0 0 DUT1103 3 DUT11033 0 1 0 8 0 0 0 DUT1103 4 DUT11034 0 1 0 8 0 0 0 DUT1112 1 DUT11121 1 1 0 1 0 0 0 DUT1113 1 DUT11131 0 1 0 1 0 0 0 DUT1113 2 DUT11132 0 1 0 8 0 0 0 DUT1139 1 DUT11391 0 1 0 1 0 1 0 DUT1140 1 DUT11401 0 1 0 1 0 0 0 DUT1140 2 DUT11402 0 1 0 1 0 0 0 DUT1152 1 DUT11521 0 1 0 1 0 0 0 DUT1174 1 DUT11741 0 1 0 0 0 0 0 DUT1175 1 DUT11751 1 1 0 0 0 0 0 DUT1177 1 DUT11771 0 1 0 0 0 0 0 DUT1179 1 DUT11791 0 1 0 1 0 0 0 DUT1187 1 DUT11871 1 1 0 5 0 0 0 DUT1187 2 DUT11872 1 1 0 5 0 0 0 DUT1189 1 DUT11891 1 1 0 5 0 0 0 DUT1189 2 DUT11892 1 1 0 5 0 0 0 DUT1199 1 DUT11991 1 1 0 0 0 0 0 DUT1199 2 DUT11992 1 1 0 0 0 0 0 DUT1205 1 DUT12051 0 1 0 5 0 0 0 DUT1205 2 DUT12052 0 1 0 5 0 0 0 DUT1208 1 DUT12081 0 1 0 5 0 0 0 DUT1222 1 DUT12221 0 1 0 0 0 0 0 DUT1234 1 DUT12341 0 1 0 0 0 0 0 DUT1248 1 DUT12481 1 1 0 5 0 0 0 DUT1249 1 DUT12491 0 1 0 5 0 0 0 DUT1272 1 DUT12721 0 1 0 1 0 0 0 DUT1272 2 DUT12722 0 1 0 1 0 0 0 DUT1273 1 DUT12731 1 1 0 1 0 0 0 DUT1278 1 DUT12781 0 1 0 1 0 0 0 Ocean Intakes DNU2011 1 DNU20111 0 1 1 11 0 1 0 DNU2047 1 DNU20471 0 1 1 9 0 1 0 DNU2047 2 DNU20472 0 1 1 9 0 1 0 DNU2048 1 DNU20481 0 1 1 9 0 1 0 DNU2048 2 DNU20482 0 1 1 9 0 1 0 DUT1116 1 DUT11161 0 1 1 11 0 1 0 DUT1130 1 DUT11301 0 1 1 9 0 1 0 DUT1130 2 DUT11302 0 1 1 9 0 1 0 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 A B C D E F G H I J K L DUT1130 3 DUT11303 0 1 1 9 0 1 0 DUT1138 1 DUT11381 1 1 0 1 0 0 0 DUT1145 1 DUT11451 0 1 1 11 0 1 0 DUT1172 1 DUT11721 0 1 1 0 0 0 0 DUT1186 1 DUT11861 1 1 0 1 0 1 0 DUT1186 2 DUT11862 1 1 0 1 0 1 0 DUT1223 1 DUT12231 0 1 1 11 0 1 0 DUT1223 2 DUT12232 0 1 1 11 0 1 0 DUT1275 1 DUT12751 1 1 0 11 0 1 0 Notes: Module # Description 1 Add Fish Handling and Return System 2 Add Fine Mesh Travelling Screens with Fish Handling and Return 3 Add New Larger Intake Structure with Fine Mesh, Handling and Return 4 Add Passive Fine Mesh Screens at Shoreline 5 Add Fish Barrier Net 6 Gunderboom ( not used here)

7 Relocate Intake to Submerged Offshore with passive screen 8 Add Velocity Cap at Inlet ( not used here)

9 Add Passive Fine Mesh Screen at Inlet of Offshore Submerged 10 Add/ Modify Shoreline Tech for Submerged Offshore ( not used here)

11 Add Double Entry, Single Exit with Fine Mesh, Handling and Return 11 Add fine mesh screens to operable, low velocity double entry, single exit system with fish handling/ return If a single facility with multiple intakes implements a barrier net, it is inherently assumed that one ( 1) net would be sized for the full intake flow instead of a set of nets.

However, in the case where the facility implements a barrier net for one intake and a different technology for another intake, the net should be sized for the single intake.

If a single facility with multiple intakes has separate technology modules implemented, it is inherently assumed that this is Not an error, but a function of separate, distinct intake types.


[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22572-22574]
[FR Doc No: 2018-10256]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83196; File No. SR-Phlx-2018-33]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Memorialize Its
Order and Execution Information Into Phlx Rule 1070

May 9, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 27, 2018, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to memorialize its order and execution
information into Phlx Rule 1070.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqphlx.cchwallstreet.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 the
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The Exchange proposes to memorialize its order and execution
information into Rule 1070, entitled

``Data Feeds.'' The Exchange proposes to rename this rule ``Data Feeds
and Trade Information.'' The Exchange proposes other grammatical
corrections in Rule 1070(a) as well.
Section 1070(b)
    First, the Exchange proposes to adopt a new Rule 1070(b) and
relocate the CTI description into 1070(b)(1) as this information
concerns a member's specific trade information as compared to
information available concerning the Phlx Order Book, which data is
described in 1070(b). The current description includes examples in the
first sentence which are not being replicated within the new
description, e.g. trade corrections, trade cancels, options directory
messages, Complex Order Strategy messages, trading action messages, and
halt and system event messages. The Exchange is renumbering to be more
consistent throughout Rule 1070 to conform the rule. A similar change
to the numbering is being made with this proposal with the PHLX Depth
of Market description in Rule 1070(a)(3). The Exchange is also noting
within the CTI description that it ``contains trade details specific to
that member'' to bring more clarity to the information being provided.
    The Exchange proposes to memorialize TradeInfo in new Rule
1070(b)(2). The Exchange originally noted in the TradeInfo Filing \3\
that TradeInfo permits a member to: Scan for all orders in a particular
security or all orders of a particular type, regardless of their status
(open, canceled, executed, etc.). A subscribing member is able to
cancel open orders at the order, port or firm mnemonic level. TradeInfo
allows a subscribing member to scan other order statuses, such as
executed, cancelled, broken, rejected and suspended orders. A
subscribing member may generate reports of execution, order or cancel
information, which can be exported into a spreadsheet for review.
TradeInfo permits a subscribing member to manage their order flow and
mitigate risk by giving them the ability to view their orders and
executions, as well as the ability to perform cancels at the port
level. Last, TradeInfo allows a subscribing member to download records
of their orders and executions for record-keeping purposes.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 66284 (February 1,
2012), 77 FR 6162 (February 7, 2012) (SR-Phlx-2012-04) (``TradeInfo
Filing'').
---------------------------------------------------------------------------

    The Exchange proposes to align the description of TradeInfo on Phlx
with the description that was filed for The Nasdaq Options Market LLC
and Nasdaq BX, Inc., where this service is also offered.\4\ The
proposed description on those markets provided that TradeInfo permits a
member to: (i) Search all orders submitted in a particular security or
all orders of a particular type, regardless of their status (open,
canceled, executed, etc.); (ii) cancellation of open orders at the
order, port or firm mnemonic level; and (iii) a view of orders and
executions; and download of orders and executions for recordkeeping
purposes. The Exchange proposes to add to this description that
TradeInfo is a user interface, as compared to a data stream, to add
more detail to the description. While some descriptive language is
being removed from the rules, such as permitting a subscribing member
to scan other order statuses, such as executed, cancelled, broken,
rejected and suspended orders, the Exchange believes that this language
is covered in the current description in that the text indicates that
all orders may be searched regardless of their status. Similarly, the
description which provides that a subscribing member may generate
reports of execution, order or cancel information, which can be
exported into a spreadsheet for review is covered in that the Exchange
notes that a view of the orders and execution may be downloaded.
Finally, the Exchange proposes to rename ``TradeInfo'' as ``TradeInfo
PHLX Interface'' to make it consistent with the naming of this offering
on NOM and BX.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 65180 (August 22,
2011), 76 FR 53521 (August 26, 2011) (SR-NASDAQ-2011-111); and 60826
(October 14, 2009), 74 FR 54605 (October 22, 2009) (SR-BX-2009-062).
---------------------------------------------------------------------------

    The Exchange considers it appropriate to memorialize the order and
execution information available on Phlx within a rule so that members
may understand the trade information which is available on the Exchange
as it pertains to a firm's trading information. This data is available
to all members regarding that members' transactions. Pricing for all
ports is included in the Exchange's Pricing Schedule at VII, B.\5\
---------------------------------------------------------------------------

    \5\ See also SR-Phlx-2018-34 (not yet published) which proposes
conforming changes to the fee schedule.
---------------------------------------------------------------------------

Rule1070(a)
    The Exchange proposes minor changes to Rule 1070(a)(1) and (2) to
change the language to indicate the Top of PHLX Options and PHLX Orders
each separately are data feeds and removing the ``A'' before the
description. As mentioned above, the numbering is also being amended
with the PHLX Depth of Market description within Rule 1070(a)(3).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\6\ in general, and furthers the objectives of Section 6(b)(5)
of the Act,\7\ in particular, in that it is designed to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism for a free and open market and a national market system,
and, in general, to protect investors and the public interest, by
providing greater transparency as to the order and execution
information offered on Phlx. The Exchange notes that it described
TradeInfo in a prior rule change.\8\ The Exchange believes that
memorializing this information within a rule and updating the
information will provide market participants with a list of information
available specific to their trading on Phlx. The Exchange believes that
this proposal is consistent with the Act because it provides
information on the content available to market participants regarding
the trades they execute on Phlx.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ See note 3.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange's proposal does
not impose an undue burden on competition, rather the Exchange is
seeking to provide greater transparency within its rules with respect
to the various order and execution information offered on Phlx.

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

    No written comments were either solicited or received.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become

effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice the
Exchange's intent to file the proposed rule change, along with a
brief description and 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. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
such waiver will allow it to update its rules immediately to provide
more information regarding the order and execution information it
offers and further the protection of investors and the public interest
because it will provide greater transparency as to the trade detail
available to members. For this reason, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest and, therefore, the Commission
designates the proposed rule change to be operative upon filing.\11\
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    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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 protected]. Please include
File Number SR-Phlx-2018-33 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2018-33. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Phlx-2018-33 and should be submitted on
or before June 5, 2018.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10256 Filed 5-14-18; 8:45 am]
 BILLING CODE 8011-01-P