[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89589-89593]
[FR Doc No: 2023-28496]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2023-0090; FRL-11014-02-R6]

Air Plan Approval; Oklahoma; Revisions to Air Pollution Control
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions to the
State Implementation Plan (SIP) for Oklahoma, submitted to the EPA by
the State of Oklahoma designee (``the State'') on January 30, 2023. The
SIP revisions being approved address amendments to subchapters
regarding Control of Emission of Volatile Organic Compounds (VOCs) and
Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas
and Former Nonattainment Areas.

DATES: This rule is effective on January 29, 2024.

ADDRESSES: The EPA has established a docket for this action under
Docket ID EPA-R06-OAR-2023-0090. All documents in the docket are listed
on the https://www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Emad Shahin, EPA Region 6 Office,
Infrastructure and Ozone Section,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our June
13, 2023, proposal (88 FR 38433).\1\ In that document we proposed to
approve a portion of the revisions to the Oklahoma SIP submitted on
January 30, 2023. Our June 2023 proposal addressed only the portion of
the submittal that referred to the Oklahoma Administrative Code (OAC)
Title 252, Chapter 100 (denoted OAC 252:100), Subchapters 37, and 39.
The remainder of the submitted revisions were addressed in a separate
rulemaking action.\2\
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    \1\ Henceforth referred to as our ``June 2023'' proposal.
    \2\ The submitted revisions also address amendments to
Subchapter 2, and Appendix Q, Incorporation by Reference, and
Subchapter 8, Permits for Part 70 Sources and Major New Source
Review (NSR) Sources, in the Oklahoma Administrative Code Title 252,
Chapter 100, Oklahoma Department of Environmental Quality. More
information about the EPA addressing these other sections may be
found in the text of the June 2023 proposed action.
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    The revisions addressed in our June 2023 proposal add clarity and
consistency to the Oklahoma SIP. The revisions do not relax the current
SIP rules and are consistent with applicable Federal regulations.
Therefore, and consistent with CAA section 110(l), we do not expect
these revisions to interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act. More detail on these revisions is provided in
the docket for this action.
    Our June 2023 proposal provided a detailed description of the
revisions and the rationale for the EPA's proposed actions, together
with a discussion of the opportunity to comment. The public comment
period for our June 2023 proposal was extended to August 14, 2023, to
allow additional time for stakeholders to review and comment on the
proposal.
    We received comments from the Muscogee (Creek) Nation, the
Chickasaw Nation, and two anonymous comments. One anonymous comment
supported the extension of the comment period and the other was
supportive of this action generally. Below are our responses to
comments from the Muscogee (Creek) Nation and the Chickasaw Nation.

II. Response to Comments

    Comment: During Tribal Consultation, the Muscogee (Creek) Nation
asked for more information regarding the number of compressor station
facilities within the Muscogee Reservation.
    Response: Region 6 was able to obtain the number of natural gas
compressor stations within the Muscogee (Creek) Nation Reservation from
the ODEQ emission inventory database. There are 79 compressor stations
in the counties that make up the reservation.
    Comment: Commenter stated concern about the number of compressor
stations (and therefore the amount of loading at relevant condensate
tanks) on Muscogee (Creek) Reservation land, the amount of VOC's, and
the effects that the VOC's may have on Muscogee citizens' health and
the environment.
    Response: EPA agrees that VOC emissions can be harmful to human
health and the environment but notes that this action will not result
in any increase in emissions of VOCs. EPA has found this revision
complies with Clean Air Act Requirements. EPA is required to approve
SIP revisions that comply with all applicable requirements.
    This action merely clarifies ODEQ's long standing interpretation
that the provisions of Subchapter 37 do not apply to loading operations
at condensate tanks at compressor stations. As this is just a
clarification, there is no change to how these facilities are regulated
in practice and there is no increase in emissions of VOC's. This type
of loading, however, remains regulated under separate provisions
specific to compressor station operations.
    A loading facility has the main purpose of loading/unloading VOC's
in relatively large quantities using specialized equipment. Although
condensate loading operations occur at compressor stations, that is not
its main purpose. The transfer of condensate and produced water from
atmospheric storage tanks into individual tanker trucks at a compressor
station is a different type of operation both in scale and in the
equipment used than is the case in, for example, the bulk transfer of
gasoline at a pipeline terminal/bulk gasoline distribution system.
Condensate loading operations at compressor stations were not meant to
be covered by 252:100-37-16 as they do not have the physical equipment
(loading arm and pump) to conduct this type of loading and have much
lower throughput and emissions. The loading of condensate from natural
gas compressor station is regulated under other ODEQ rules such as
252:100-37-15(b) for submerged fill or a vapor recovery system which
applies to most condensate tanks at compressor stations since a typical
tank is about 400 barrels (16,800 gallons). Also, natural gas
compressor stations are subject to federal New Source Performance
Standards (NSPS) such as Subpart OOOO.

    Comment: Commenter stated concern that incineration of petroleum
solvents as in dry cleaning filters is not an acceptable process in
Indian Country and that the incineration of petroleum solvents creates
Hazardous Air Pollutants that cause health and environmental justice
issues. The commenter also stated that the outdated compliance schedule
should be replaced with an updated one.
    Response: Based on its air quality inspections in Tulsa County, the
ODEQ is not aware of any facilities that incinerate dry cleaning
filters as referenced in this subchapter. In addition, the revision
only clarifies that if a facility were to incinerate the filters, it
can only be allowed if permitted by the appropriate regulatory entity.
It is important to note that this section of the ODEQ rules does not
set requirements that must be met to obtain a permit for incineration
only that there be the appropriate permit which would be the case even
if this provision was not included in the SIP. As such, the revision
does not impact compliance with the Clean Air Act and therefore, EPA
must approve the revision.
    The revision also removes the outdated compliance schedule of
October 1, 1986. There is no need to replace this schedule as there is
not a grace period for facilities to get into compliance; existing
facilities should be complying already, and new facilities would need
to begin operations in compliance with this subchapter.
    Comment: The commenter stated that there appears to be no
environmental justice issue, but the Muscogee (Creek) Nation would like
to see the EJ report and the reporting decision on the subject matter.
    Response: Please see ``EJ Considerations'' document, Doc. ID 0005
in the docket for this action for review of Environmental Justice
information related to this action.
    Comment: In their comment, the Chickasaw Nation provides some
background on SAFETEA and the McGirt v. Oklahoma litigation. This
includes the most current status that while EPA proposed the withdrawal
and reconsideration of the October 1, 2020, decision to grant Oklahoma
authorization to administer EPA approved environmental programs in
Indian Country, the October 2020 decision remains in effect until EPA
takes final action. The Chickasaw Nation comments that the EPA's action
on the Oklahoma SIP is premature and the agency should first resolve
the issue of the withdrawal before proceeding with new regulatory
actions under SAFETEA. The commenter recommends that no new actions
that impact Indian country should be taken until a final decision is
made on the October 2020 approval. The Chickasaw Nation also comments
regarding the importance of EPA's federal trust obligations to Indian
tribes including government-to-government consultations and asks that
EPA be more proactive in its fulfillment of federal trust
responsibilities.
    Response: As stated in our June 2023 proposal, and by the
commenter, the State retains its authority to administer authorized
programs in certain areas of Indian country pursuant to the October 1,
2020, approval under SAFETEA while EPA undergoes its reconsideration of
that decision. The State's authority includes the implementation the
SIP in areas of Indian country included in the October 2020 approval
and in non-reservation areas of Indian country pursuant to ODEQ v EPA.
As also noted in the June 2023 proposal, EPA may make further changes
to this final approval of Oklahoma's program to reflect the outcome of
the proposed withdrawal and reconsideration of the October 1, 2020,
SAFETEA approval. EPA notes that the litigation involving the October
2020 decision is currently being held in abeyance pending the outcome
of EPA's reconsideration. EPA takes seriously its general federal trust
responsibility to tribes. By example, EPA has engaged with and offered
consultation to all affected Oklahoma tribes on this matter. EPA
intends to continue its engagement with tribes on relevant matters,
including on actions related to approvals in Oklahoma and with regards
to SAFETEA.

III. Final Action

    We are approving portions of a SIP revision submitted to the EPA by
the State of Oklahoma on January 30, 2023. Specifically, we are
approving the revisions to OAC 252:100, Subchapters 37 (Control of
Emission of Volatile Organic Compounds (VOCs), and 39 (Emission of
Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former
Nonattainment Areas). We are approving these revisions in accordance
with section 110 of the Act.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference the
revisions to the Oklahoma regulations as described in Section III of
this preamble, Final Action. The revised regulations address VOC
emissions. The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated in the
next update to the SIP compilation.

V. Impact on Areas of Indian Country

    As stated in the proposed action, on October 1, 2020, the EPA
approved Oklahoma's request to administer all the State's EPA-approved
environmental regulatory programs, including the Oklahoma SIP, in the
requested areas of Indian country pursuant to section 10211(a) of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act of
2005: A Legacy for Users, Public Law 109-59, 119 Stat. 1144, 1937
(August 10, 2005) (``SAFETEA'').\3\
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    \3\ A copy of EPA's October 1, 2020, approval can be found in
the docket for this rulemaking on the https://www.regulations.gov
website. See Document ID No. XXXXX
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    As requested by Oklahoma, the EPA's approval under SAFETEA does not
include Indian country lands, including rights-of-way running through
the same, that: (1) qualify as Indian allotments, the Indian titles to
which have not been extinguished, under 18 U.S.C. 1151(c); (2) are held
in trust by the United States on behalf of an individual Indian or
Tribe; or (3) are owned in fee by a Tribe, if the Tribe (a) acquired
that fee title to such land, or an area that included such land, in
accordance with a treaty with the United States to which such Tribe was
a party, and (b) never allotted the land to a member or citizen of the
Tribe (collectively ``excluded Indian country lands''). In addition,
the State only sought approval to the extent that such approval is
necessary for the State to administer a program in light of Oklahoma
Dept. of Environmental Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014).
    As explained earlier in this action, the EPA is approving revisions
to portions of the Oklahoma SIP that were submitted by the State of
Oklahoma on January 24, 2023. More specifically, we are approving a
revision providing clarification to OAC 252:100-37-16 of Subchapter 37,
Control of Emission of Volatile Organic Compounds (VOCs)

and amending language and correcting approval process for OAC 252:100-
39-45 of Subchapter 39, Emission of Volatile Organic Compounds (VOCs)
in Nonattainment Areas and Former Nonattainment Areas, in the Oklahoma
Administrative Code Title 252, Chapter 100, Oklahoma Department of
Environmental Quality. Consistent with the D.C. Circuit's decision in
ODEQ v. EPA and with EPA's October 1, 2020, SAFETEA approval, these SIP
revisions will apply to all Indian country within Oklahoma, other than
the excluded Indian country lands, as described earlier. Because--per
the State's request under SAFETEA--EPA's October 1, 2020, SAFETEA
approval does not displace any SIP authority previously exercised by
the State under the CAA as interpreted in ODEQ v. EPA, the SIP will
also apply to any Indian allotments or dependent Indian communities
located outside of an Indian reservation over which there has been no
demonstration of tribal authority.\4\
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    \4\ In accordance with Executive Order 13990, EPA is currently
reviewing our October 1, 2020 SAFETEA approval and expects to engage
in further discussions with tribal governments and the State of
Oklahoma as part of this review. EPA notes that the SAFETEA approval
is the subject of a pending challenge in Federal court. (Pawnee v
Regan, No. 20-9635 (10th Cir.)). Pending completion of EPA's review,
EPA is proceeding with this proposed action in accordance with the
October 1, 2020, approval. Although EPA is approving these revisions
before our review of the SAFETEA approval is complete, EPA may make
further changes to the approval of Oklahoma's program to reflect the
outcome of the proposed withdrawal and reconsideration of the
October 1, 2020, SAFETEA approval.
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VI. Environmental Justice Considerations

    As stated in our June 2023 proposal and posted in the docket for
this action, EPA reviewed demographic data, which provides an
assessment of individual demographic groups of the populations living
within Oklahoma. EPA then compared the data to the national average for
each of the demographic groups. The results of this analysis are being
provided for informational and transparency purposes. The results of
the demographic analysis indicate that, for populations within
Oklahoma, the percent people of color (persons who reported their race
as a category other than White alone (not Hispanic or Latino)) is less
than the national average (38.5 percent versus 43.1 percent). Within
people of color, the percent of the population that is Black or African
American alone is less than the national average (7.8 percent versus
13.6 percent) and the percent of the population that is American
Indian/Alaska Native is greater than the national average (9.7 percent
versus 1.3 percent). The percent of the population that is two or more
races is greater than the national average (6.6 percent versus 2.9
percent). The percent of people living in poverty in Oklahoma is
greater than the national average (15.6 percent versus 11.6 percent).
    This final action approves new rules into the Oklahoma SIP that are
anticipated to add clarification and consistency to the SIP and will
generally be neutral or contribute to reduced environmental and health
impacts on all populations in Oklahoma, including indigenous people,
people of color, and low-income populations. There is no information in
the record indicating that this action is expected to have
disproportionately high or adverse human health or environmental
effects on a particular group of people. EPA offered consultation on
our proposed rulemaking to tribal governments that may be affected by
this action.\5\ We received one request for tribal consultation from
the Muscogee Nation and provided such on August 10, 2023.
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    \5\ See invitation for consultation, dated June 8, 2023, in the
docket for this action.
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VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Consistent with the EPA Policy on Consultation and Coordination with
Indian Tribes (May 4, 2011), the EPA offered consultation (by letter
dated June 8, 2023) on our proposed rulemaking to tribal governments
that may be affected by this action. We received a request for formal
tribal consultation from the Muscogee Nation and provided consultation
on August 10, 2023.
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a

disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
    The Oklahoma Department of Environmental Quality did not evaluate
EJ considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA performed an EJ analysis, as is described earlier in
the section titled, ``Environmental Justice Considerations.'' The
analysis was done for the purpose of providing additional context and
information about this rulemaking to the public, not as a basis of the
action. Due to the nature of the action being taken here, this action
is expected to have a neutral to positive impact on the air quality of
the affected area. In addition, there is no information in the record
upon which this decision is based inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 26, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.

    Dated: December 19, 2023.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:

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 LL--Oklahoma

0
2. In Sec.  52.1920, the table in paragraph (c) titled ``EPA Approved
Oklahoma Regulations'' is amended by revising entries for 252:100-37-16
and 252:100-39-45 to read as follows:

Sec.  52.1920  Identification of plan

* * * * *
    (c) * * *

                                        EPA Approved Oklahoma Regulations
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                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
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                                                  * * * * * * *
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                                CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
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                                                  * * * * * * *
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                     Subchapter 37. Control of Emission of Volatile Organic Compounds (VOC)
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                                                  * * * * * * *
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                                  PART 5. Control of VOCs in Coating Operations
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                                                  * * * * * * *
252:100-37-16....................  Loading of VOCs....       9/15/2020  12/28/2023, [Insert  ...................
                                                                         Federal Register
                                                                         citation].

                                                  * * * * * * *
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  Subchapter 39. Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment
                                                      Areas
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                                                  * * * * * * *
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                                           PART 7. Specific Operations
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                                                  * * * * * * *
252:100-39-45....................  Petroleum (solvent)       9/15/2020  12/28/2023. [Insert  ...................
                                    dry cleaning.                        Federal Register
                                                                         citation].

                                                  * * * * * * *
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[FR Doc. 2023-28496 Filed 12-27-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Page 7048]
[FR Doc No: 2019-03561]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2015-0765; FRL-9989-87-ORD]

Board of Scientific Counselors (BOSC) Homeland Security
Subcommittee Meeting--March 2019

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act the U.S.
Environmental Protection Agency, Office of Research and Development
(ORD), gives notice of a meeting of the Board of Scientific Counselors
(BOSC) Homeland Security Subcommittee.

DATES: The meeting will be held on Tuesday, March 19, 2019, from 3:00
p.m. to 5:00 p.m. All times noted are Eastern Time. The meeting may
adjourn early if all business is finished. Attendees should register by
March 18, 2019. Requests for the draft agenda or for making oral
presentations at the meeting will be accepted up to one business day
before the meeting.

ADDRESSES: The meeting will be a conference call and the number will be
provided following registration at https://www.eventbrite.com/e/us-epa-bosc-homeland-security-subcommittee-teleconference-tickets-53965523333.
    Submit your comments to Docket ID No. EPA-HQ-ORD-2015-0765 by one
of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email: Send comments by electronic mail (email) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2015-0765.
     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2015-0765.
     Mail: Send comments by mail to: Board of Scientific
Counselors (BOSC) Homeland Security Subcommittee Docket, Mail Code:
2822T, 1301 Constitution Ave. NW, Washington, DC 20004, Attention
Docket ID No. EPA-HQ-ORD-2015-0765.
     Hand Delivery or Courier: Deliver comments to: EPA Docket
Center (EPA/DC), Room 3334, William Jefferson Clinton West Building,
1301 Constitution Ave. NW, Washington, DC, Attention Docket ID No. EPA-
HQ-ORD-2015-0765. Note: this is not a mailing address. Deliveries are
only accepted during the docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: The EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov website is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses. For additional information about the
EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/dockets/.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Board of Scientific
Counselors (BOSC) Homeland Security Subcommittee Docket, EPA/DC,
William Jefferson Clinton West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC. The Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the ORD Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Tom Tracy, Mail Code 8104R, Office of Science Policy, Office
of Research and Development, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; via phone/voice mail at:
(202) 564-6518; via fax at:<PHONE_NUMBER>; or via email at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    General Information: The meeting is open to the public. Any member
of the public interested in receiving a draft agenda, attending the
meeting, or making comments at the meeting may contact Tom Tracy, the
Designated Federal Officer, via any of the contact methods listed in
the FOR FURTHER INFORMATION CONTACT section above. In general, anyone
making an oral presentation will be limited to a total of three
minutes. All attendees must register online at https://www.eventbrite.com/e/us-epa-bosc-homeland-security-subcommittee-teleconference-tickets-53965523333 by March 18, 2019. Proposed agenda
items for the meeting include but not limited to the following: Review
of charge questions, draft subcommittee report and Subcommittee
discussion.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Tom Tracy at<PHONE_NUMBER> or<EMAIL_ADDRESS>To
request accommodation of a disability, please contact Tom Tracy,
preferably at least ten days prior to the meeting, to give the EPA as
much time as possible to process your request.

    Dated: February 12, 2019.
Fred S. Hauchman,
Director, Office of Science Policy.
[FR Doc. 2019-03561 Filed 2-28-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Rules and Regulations]
[Page 9430]
[FR Doc No: 2018-04436]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0131]

Drawbridge Operation Regulation; Youngs Bay and Lewis and Clark
River, Astoria, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs three bridges at Astoria, OR, including
the US101 (Youngs Bay) highway bridge, across Youngs Bay, the Oregon
State (Old Youngs Bay) highway bridge, across Youngs Bay foot of Fifth
Street, and the Oregon State (Lewis and Clark River) highway bridge,
across Lewis and Clark River. This deviation will test a change to the
drawbridge operation schedule to determine whether a permanent change
to the schedule is appropriate. This deviation will allow the bridge to
open during weekends and nighttime hours after receiving a 2 hour
advance notice.

DATES: This deviation is effective from 5 p.m. on March 16, 2018 to 7
a.m. on August 10, 2018.
    Comments and related material must reach the Coast Guard on or
before August 23, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0131 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge Chief
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Background, Purpose and Legal Basis

    Due to infrequent drawbridge opening requests between Friday
evenings through Monday early mornings, Oregon Department of
Transportation (ODOT) (bridge owner), has requested to open the three
highway bridges within Youngs Bay and Lewis and Clark River with 2
hours advance notice. The Youngs Bay highway bridge, Old Youngs Bay
highway bridge and the Lewis and Clark River highway bridge are within
one mile of each other, and currently open on signal for the passage of
vessels with one half-hour notice by marine radio, telephone, or other
suitable means. These three bridges are operated by the Lewis and Clark
River highway bridge operator. The subject bridges operate per 33 CFR
117.899.
    Vessels operating on Youngs Bay and the Lewis and Clark River range
from small recreational vessels, sailboats, tribal fishing boats and
small commercial fishing vessels. No navigational impacts are expected
due to few vessels operating on these waterways at the stated hours.
Also during roadway maintenance in 2016 and 2017, we approved
deviations for the three subject bridges allowing these bridges to open
on a three hour notice. No complaints or opening issues were identified
at all hours of the day. Vessels able to pass through the subject
bridges with the draw in the closed-to-navigation position may do so at
any time.
    This deviation authorizes ODOT to open the Youngs Bay highway
bridge, the Old Youngs Bay highway bridge and the Lewis and Clark River
highway bridge, with a two hour advance notice on weekends from 5 p.m.
on Friday to 7 a.m. on Monday, including all Federal holidays but
Columbus Day, starting 5 p.m. on March 16, 2018 through 7 a.m. on
August 10, 2018. The Youngs Bay highway bridge provides a vertical
clearance approximately 37 feet above mean high water when in the
closed-to-navigation position. The Old Youngs Bay highway bridge
provides a vertical clearance approximately 19 feet above mean high
water when in the closed-to-navigation position. The Lewis and Clark
River highway bridge provides a vertical clearance of 17 feet above
mean high water when in the closed-to-navigation position.
    The Coast Guard will also inform the users of the waterway through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the subject bridge so that vessel operators can arrange
their transits to minimize any impact caused by the temporary test
deviation. Youngs Bay and the Lewis and Clark River do not have an
immediate alternate route for vessels to pass through the subject
bridges. The subject bridges will be not be able to open for
emergencies.
    In accordance with 33 CFR 117.35(e), the drawbridges must return to
their regular operating schedule immediately at the end of the
effective period of this temporary deviation. This deviation from the
operating regulations is authorized under 33 CFR 117.35.

II. Public Participation and Request for Comments

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

    Dated: February 27, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2018-04436 Filed 3-5-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Notices]
[Pages 81937-81938]
[FR Doc No: 2020-27755]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2020-0618]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number 1625-0062

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0062,
Approval of Alterations to Marine Portable Tanks; Approval of Non-
Specification Portable Tanks; without change. Our ICR describes the
information we seek to collect from the public. Review and comments by
OIRA ensure we only impose paperwork burdens commensurate with our
performance of duties.

DATES: You may submit comments to the Coast Guard and OIRA on or before
January 19, 2021.

ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2020-0618. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection. The Coast Guard invites comments on whether
this ICR should be granted based on the Collection being necessary for
the proper performance of Departmental functions. In particular, the
Coast Guard would appreciate comments addressing: (1) The practical
utility of the Collection; (2) the accuracy of the estimated burden of
the Collection; (3) ways to enhance the quality, utility, and clarity
of information subject to the Collection; and (4) ways to minimize the
burden of the Collection on respondents, including the use of automated
collection techniques or other forms of information technology.
Consistent with the requirements of Executive Order 13771, Reducing
Regulation and Controlling Regulatory Costs, and Executive Order 13777,
Enforcing the Regulatory Reform Agenda, the Coast Guard is also
requesting comments on the extent to which this request for information
could be modified to reduce the burden on respondents. These comments
will help OIRA determine

whether to approve the ICR referred to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2020-0618], and must be received by January 19,
2021.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments to the Coast Guard will
be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0062.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (85 FR 62751, October 5, 2020)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collection.

Information Collection Request

    Title: Approval of Alterations to Marine Portable Tanks; Approval
of Non-Specification Portable Tanks.
    OMB Control Number: 1625-0062.
    Summary: The information will be used to evaluate the safety of
proposed alterations to marine portable tanks and non-specification
portable tank designs used to transfer hazardous materials during
offshore operations.
    Need: The information will be used to evaluate the safety of
proposed alterations to marine portable tanks and non-specification
portable tank designs used to transfer hazardous materials during
offshore operations.
    Forms: Not applicable.
    Respondents: Owners of marine portable tanks and owners/designers
of non-specification portable tanks.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden remains 18 hours a year.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.

    Dated: December 11, 2020.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2020-27755 Filed 12-16-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 23, 2010 (Volume 75, Number 162)]
[Notices]
[Page 51824-51825]
[DOCID:fr23au10-79]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0001]

Food and Drug Administration Clinical Trial Requirements,
Regulations, Compliance, and Good Clinical Practice; Public Workshop

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice of public workshop.

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SUMMARY: The Food and Drug Administration (FDA) New Jersey District
Office, in cosponsorship with the Society of Clinical Research
Associates (SoCRA) is announcing a public workshop. The public workshop
on FDA's clinical trial requirements is designed to aid the clinical
research professional's understanding of the mission, responsibilities,
and authority of FDA and to facilitate interaction with FDA
representatives. The program will focus on the relationships among FDA
and clinical trial staff, investigators, and institutional review
boards (IRBs). Individual FDA representatives will discuss the informed
consent process and informed consent documents; regulations relating to
drugs, devices, and biologics; as well as inspections of clinical
investigators, IRBs, and research sponsors.
    Date and Time: The public workshop will be held on November 4 and
5, 2010, from 8 a.m. to 5 p.m.
    Location: The public workshop will be held at the Hyatt Regency
Jersey City, Two Exchange Pl., Jersey City, NJ 07302, 1-800-233-1234.
(The hotel is connected to the PATH Train to New York City). Attendees
are responsible for their own accommodations. Please mention SoCRA to
receive the hotel room rate of $169 plus applicable taxes (available
until October 20, 2010, or until the SoCRA room block is filled).
    Contact: Joan Lytle, Food and Drug Administration, 120 North
Central Dr., North Brunswick, NJ 08902,<PHONE_NUMBER> ext. 33, FAX: 732-
940-8936, or Society of Clinical Research Associates (SoCRA), 530 West
Butler Ave., suite 109, Chalfont, PA 18914,<PHONE_NUMBER>, FAX: 215-822-
8633, email<EMAIL_ADDRESS>Web site: http://www.SoCRA.org.
    Registration: The registration fee covers the cost of actual
expenses, including refreshments, lunch, materials, and speaker
expenses. Seats are limited; please submit your registration as soon as
possible. Workshop space will be filled in order or receipt of
registration. Those accepted into the workshop will receive
confirmation. The cost of registration is as follows: SoCRA member
($575.00), SoCRA nonmember (includes membership) ($650.00), FDA/Federal
Government member ($450.00), FDA/Federal Government nonmember
($525.00).
    If you need special accommodations due to a disability, please
contact SoCRA (see Contact) at least 10 days in advance.
    Extended periods of question and answer and discussion have been
included in the program schedule. This program offers 13.3 hours of
continuing medical education (CME) and continuing nursing education
(CNE) credit. CME for Physicians: SoCRA is accredited by the
Accreditation Council for Continuing Medical Education to provide
continuing medical education for physicians. CNE for Nurses: SoCRA is
an approved provider of continuing nursing education by the
Pennsylvania State Nurses Association (PSNA), an accredited approver by
the American Nurses Credentialing Center's Commission on Accreditation
(ANCC). ANCC/PSNA Provider Reference Number: 205-3-A-09.
    Registration instructions: To register, please submit a
registration form with your name, affiliation, mailing address, phone,
fax number, and email, along with a check or money order payable to
``SoCRA''. Mail to: SoCRA (see Contact for address). To register via
the Internet, go to http://www.socra.org/html/FDA_Conference.htm. (FDA
has verified the Web site address, but we are not responsible for any
subsequent changes to the Web site after this document publishes in the
Federal Register.)
    Payment by major credit card is accepted (Visa/MasterCard/AMEX
only). For more information on the meeting registration, or for
questions on the workshop, contact SoCRA (see Contacts).

SUPPLEMENTARY INFORMATION:  The public conference helps fulfill the
Department of Health and Human Services' and FDA's important mission to
protect the public health. The workshop will provide those engaged in
FDA-regulated (human) clinical trials with information on a number of
topics concerning FDA requirements related to informed consent,
clinical investigation requirements, IRB inspections, electronic record
requirements, and investigator initiated research. Topics for
discussion include the following: (1) What FDA expects in a
pharmaceutical clinical trial; (2) adverse event reporting--science,
regulation, error, and safety; (3) Part 11 Compliance--Electronic
signatures; (4) informed consent regulations; (5) IRB regulations and
FDA inspections; (6) keeping informed and working together; (7) FDA
conduct of clinical investigator inspections; (8) meetings with FDA:
why, when, and how; (9) investigator initiated research; (10) medical
device aspects of clinical research; (11) working with FDA's Center for
Biologics Evaluation and Research; (12) the inspection is over--what
happens next? Possible FDA compliance actions.
    FDA has made education of the drug and device manufacturing
community a high priority to help ensure the quality of FDA-regulated
drugs and devices. The public workshop helps to achieve objectives set
forth in section 406 of the FDA Modernization Act of 1997 (21 U.S.C.
393) which includes working closely with stakeholders and maximizing
the availability and clarity of information to stakeholders and the
public. The public workshop also is consistent with the Small Business
Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121) as
outreach activities by Government agencies to small businesses.

    Dated: August 17, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-20834 Filed 8-20-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]
[Page 55620]
[DOCID:fr28oc09-138]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-46]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before November 17, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0894 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Anna Bruse,<PHONE_NUMBER>, or Tyneka L.
Thomas,<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 22, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking,

Petition For Exemption

    Docket No.: FAA-2009-0894.
    Petitioner: Centurion Air Cargo, Inc.
    Section of 14 CFR Affected: Sec.  121.503(a).
    Description of Relief Sought: Centurion Air Cargo seeks an
exemption from 14 CFR 121.503(a) to reduce the prescribed flight time
limitations for two-pilot crews in Supplemental operations.
Specifically, Centurion Air Cargo seeks to allow their MD-11 flight
crews to conduct flight operations in excess of eight (8) hours within
a twenty-four hour period specific to a single route operating between
Miami, FL (KMIA) and Buenos Aires, Argentina's Ezeiza Airport (SAEZ).
Their petition provides for a proposed flight time between the city
pairs not to exceed eight hours and fifteen minutes (8 hrs and 15
minutes). Centurion Air Cargo proposes certain fatigue mitigations
initiatives as a means to establish and maintain an equivalent level of
safety.

[FR Doc. E9-25880 Filed 10-27-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Notices]
[Pages 31988-31993]
[FR Doc No: 2016-11873]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32115; File No. 812-14573]

Nationwide Mutual Funds, et al.; Notice of Application

May 16, 2016.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order pursuant to section 6(c)
of the Investment Company Act of 1940 (``Act'') granting an exemption
from sections 18(f) and 21(b) of the Act; pursuant to section
12(d)(1)(J) of the Act granting an exemption from section 12(d)(1) of
the Act; pursuant to sections 6(c) and 17(b) of the Act granting an
exemption from sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; and
pursuant to section 17(d) of the Act and rule 17d-1 under the Act to
permit certain joint arrangements.

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Summary of the Application: Applicants request an order that would
permit certain registered open-end management investment companies to
participate in a joint lending and borrowing facility.

Applicants: Nationwide Mutual Funds (``NMF''), and Nationwide Variable
Insurance Trust (``NVIT,'' and together with NMF, each a ``Trust,'' and
together, the ``Trusts'') and Nationwide Fund Advisors (the ``Initial
Adviser'').

Filing Dates: The application was filed on October 29, 2015, and
amended on April 6, 2016.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on June 10, 2016, and should be accompanied by proof of
service on 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; Applicants: 1000 Continental
Drive, Suite 400, King of Prussia, PA 19406.

FOR FURTHER INFORMATION CONTACT: Jill Ehrlich, Senior Counsel, at (202)
551-6819 or David J. Marcinkus, Branch Chief, at<PHONE_NUMBER>
(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 for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Each of NMF and NVIT is organized as a Delaware statutory trust.
Each Trust consists of multiple series (each series, a ``Fund,'' and
together, the ``Funds''). One series of NMF, the Nationwide Money
Market Fund, and one series of NVIT, the NVIT Money Market Fund,
operate as money market funds in reliance on rule 2a-7 under the Act.
(The Nationwide Money Market Fund, the NVIT Money Market Fund, and any
future Funds that rely on rule 2a-7 are the ``Money Market Funds.'')
The Funds are registered with the Commission as open-end management
investment companies. The Initial Adviser, a Delaware business trust,
serves as investment adviser to the Funds, and is registered as an
investment adviser under the Investment Advisers Act of 1940
(``Advisers Act'').\1\
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    \1\ Applicants request that the relief also apply to any other
open-end registered management investment company advised by the
Initial Adviser or any entity controlling, controlled by, or under
common control with the Initial Adviser (such entity included in the
term ``Adviser'') that currently, or in the future, is part of the
same ``group of investment companies'' as the Trusts, as defined in
section 12(d)(1)(G)(ii) of the Act (included in the term
``Trusts''). All entities that currently intend to rely on the
requested order have been named as applicants. Any other entity that
relies on the requested order in the future will comply with the
terms and conditions set forth in the application. Any other Adviser
will be registered as an investment adviser under the Advisers Act.
All references to the term ``Adviser'' herein include successors-in-
interest to the Adviser. Successors-in-interest are limited to any
entity resulting from a reorganization of the Adviser into another
jurisdiction or a change in the type of business organization.
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    2. At any particular time, while some Funds enter into repurchase
agreements, or invest their cash balances in money market funds or
other short-term instruments, other Funds may need to borrow money for
temporary purposes to satisfy redemption requests, to cover
unanticipated cash shortfalls such as a trade ``fail'' in which cash
payment for a security sold by a Fund has been delayed, or for other
temporary purposes. The Trusts currently are parties to a senior
unsecured committed credit facility (as amended, modified, refinanced
or replaced from time to time, the ``Loan Agreement'') that provides a
line of credit to the participating Funds, and is furnished by a
syndicate of banks, including the Funds' custodian.
    3. Applicants state that, generally, when a Fund borrows money
under the Loan Agreement, it pays interest on the loan at a rate that
is typically higher than the rate that is earned by other (non-
borrowing) Funds on investments in repurchase agreements, money market
funds, and other short-term instruments of the same maturity as the
bank loan. Applicants assert that this differential represents the
profit earned by the lender on loans and is not attributable to any
material difference in the credit quality or risk of such transactions.
    4. The Trusts seek to enter into master interfund lending
agreements (``Interfund Lending Agreements'') with each other on behalf
of the Funds that would permit each Fund to lend money directly to and
borrow directly from other Funds through a credit facility for
temporary purposes (an ``Interfund Loan''). The Money Market Funds will
not participate as borrowers in the interfund lending facility.
Applicants state that the proposed credit facility is expected to both
reduce the Funds' potential borrowing costs and enhance the ability of
the lending Funds to earn higher rates of interest on their short-term
lendings. Although the proposed credit facility would reduce the Funds'
need to borrow from banks, the Funds would be free to establish and
maintain committed lines of credit or other borrowing arrangements with
unaffiliated banks.
    5. Applicants anticipate that the proposed credit facility would
provide a borrowing Fund with savings at times when the cash position
of the borrowing Fund is insufficient to meet temporary cash
requirements. This situation could arise when shareholder redemptions
exceed anticipated volumes and certain Funds have insufficient cash on
hand to satisfy such redemptions. When the Funds liquidate portfolio
securities to meet redemption requests, they often do not receive
payment in settlement for up to three days (or longer for certain
foreign transactions). However, redemption requests normally are
effected immediately. The proposed credit facility would provide a
source of immediate, short-term liquidity pending settlement of the
sale of portfolio securities.
    6. Applicants also anticipate that a Fund could use the proposed
credit facility when a sale of securities ``fails'' due to
circumstances beyond the Fund's control, such as a delay in the
delivery of cash to the Fund's custodian or improper delivery
instructions by the broker effecting the transaction. ``Sales fails''
may present a cash shortfall if the Fund has undertaken to purchase a
security using the proceeds from securities sold. Alternatively, the
Fund could ``fail'' on its intended purchase due to lack of funds from
the previous sale, resulting in additional cost to the Fund. Use of the
proposed credit facility under these circumstances would enable the
Fund to have access to immediate short-term liquidity.
    7. While bank borrowings generally could supply needed cash to
cover unanticipated redemptions and sales fails, under the proposed
credit facility, a borrowing Fund would pay lower interest rates than
those that would be payable under short-term loans offered by banks. In
addition, Funds making

short-term cash loans directly to other Funds would earn interest at a
rate higher than they otherwise could obtain from investing their cash
in repurchase agreements or money market funds. Thus, applicants assert
that the proposed credit facility would benefit both borrowing and
lending Funds.
    8. The interest rate to be charged to the Funds on any Interfund
Loan (the ``Interfund Loan Rate'') would be the average of the ``Repo
Rate'' and the ``Bank Loan Rate,'' both as defined below. The Repo Rate
for any day would be the highest or best (after giving effect to
factors such as the credit quality of the counterparty) rate available
to a lending Fund from investment in overnight repurchase agreements
with counterparties approved by the Fund or its Adviser. The Bank Loan
Rate for any day would be calculated by the Interfund Lending
Committee, as defined below, each day an Interfund Loan is made
according to a formula established by each Fund's board of trustees
(the ``Trustees'') intended to approximate the lowest interest rate at
which bank short-term loans would be available to the Funds. The
formula would be based upon a publicly available rate (e.g., federal
funds plus 25 basis points) and would vary with this rate so as to
reflect changing bank loan rates. The initial formula and any
subsequent modifications to the formula would be subject to the
approval of each Fund's Trustees. In addition, each Fund's Trustees
would periodically review the continuing appropriateness of using the
formula to determine the Bank Loan Rate, as well as the relationship
between the Bank Loan Rate and current bank loan rates that would be
available to the Funds.
    9. Certain members of the Adviser's fund administration personnel
and money market analysts (the ``Interfund Lending Committee'') will
administer the credit facility. No portfolio manager of any Fund will
serve as a member of the Interfund Lending Committee. On any day on
which a Fund intends to borrow money, the Interfund Lending Committee
would make an Interfund Loan from a lending Fund to a borrowing Fund
only if the Interfund Loan Rate is: (i) More favorable to the lending
Fund than the Repo Rate and, if applicable, the yield of any money
market fund in which the lending Fund could otherwise invest, and (ii)
more favorable to the borrowing Fund than the Bank Loan Rate.
    10. Under the proposed credit facility, the portfolio managers for
each participating Fund could provide standing instructions to
participate daily as a borrower or lender; alternatively, the portfolio
manager could provide instructions from time to time as to when the
Fund wishes to participate as a borrower or lender. The Interfund
Lending Committee on each business day would collect data on the
uninvested cash and borrowing requirements of all participating Funds.
Once it had determined the aggregate amount of cash available for loans
and borrowing demand, the Interfund Lending Committee would allocate
loans among borrowing Funds without any further communication from the
portfolio managers of the Funds. Applicants anticipate that there
typically will be far more available uninvested cash each day than
borrowing demand. Therefore, after the Interfund Lending Committee has
allocated cash for Interfund Loans, the Interfund Lending Committee
will invest any remaining cash in accordance with the standing
instructions of the portfolio managers or such remaining amounts will
be invested directly by the portfolio managers of the Funds.
    11. The Interfund Lending Committee would allocate borrowing demand
and cash available for lending among the Funds on what the Interfund
Lending Committee believes to be an equitable basis, subject to certain
administrative procedures applicable to all Funds, such as the time of
filing requests to participate, minimum loan lot sizes, and the need to
minimize the number of transactions and associated administrative
costs. To reduce transaction costs, each loan normally would be
allocated in a manner intended to minimize the number of participants
necessary to complete the loan transaction. The method of allocation
and related administrative procedures would be approved by each Fund's
Trustees, including a majority of Trustees who are not ``interested
persons'' of the Fund, as that term is defined in section 2(a)(19) of
the Act (``Independent Trustees''), to ensure that both borrowing and
lending Funds participate on an equitable basis.
    12. The Adviser would: (a) Monitor the Interfund Loan Rate and the
other terms and conditions of the loans; (b) limit the borrowings and
loans entered into by each Fund to ensure that they comply with the
Fund's investment policies and limitations; (c) ensure equitable
treatment of each Fund; and (d) make quarterly reports to the Trustees
concerning any transactions by the Funds under the proposed credit
facility and the Interfund Loan Rate charged.
    13. The Adviser, through the Interfund Lending Committee, would
administer the proposed credit facility as a disinterested fiduciary as
part of its duties under the investment advisory agreement and
administrative agreements with each Fund and would receive no
additional fee as compensation for its services in connection with the
administration of the proposed credit facility. The Adviser may collect
standard pricing, record keeping, bookkeeping and accounting fees
associated with the transfer of cash and/or securities in connection
with repurchase and lending transactions generally, including
transactions effected through the proposed credit facility. Such fees
would be no higher than those applicable for comparable bank loan
transactions.
    14. No Fund may participate in the proposed credit facility unless:
(a) The Fund has obtained shareholder approval for its participation,
if such approval is required by law; (b) the Fund has fully disclosed
all material information concerning the credit facility in its
prospectus and/or statement of additional information; and (c) the
Fund's participation in the credit facility is consistent with its
investment objectives and limitations and organizational documents.
    15. As part of the Trustees' review of the continuing
appropriateness of a Fund's participation in the proposed credit
facility as required by condition 14, the Trustees of the Fund,
including a majority of the Independent Trustees, also will review the
process in place to appropriately assess: (i) If the Fund participates
as a lender, any effect its participation may have on the Fund's
liquidity risk; and (ii) if the Fund participates as a borrower,
whether the Fund's portfolio liquidity is sufficient to satisfy its
obligations under the facility along with its other liquidity needs.
    16. In connection with the credit facility, applicants request an
order under section 6(c) of the Act exempting them from the provisions
of sections 18(f) and 21(b) of the Act; under section 12(d)(1)(J) of
the Act exempting them from section 12(d)(1) of the Act; under sections
6(c) and 17(b) of the Act exempting them from sections 17(a)(1),
17(a)(2), and 17(a)(3) of the Act; and under section 17(d) of the Act
and rule 17d-1 under the Act to permit certain joint arrangements.

Applicants' Legal Analysis

    1. Section 17(a)(3) of the Act generally prohibits any affiliated
person of a registered investment company, or affiliated person of an
affiliated person, from borrowing money or other property from the
registered investment company. Section 21(b) of the Act generally
prohibits any registered

management company from lending money or other property to any person,
directly or indirectly, if that person controls or is under common
control with that company. Section 2(a)(3)(C) of the Act defines an
``affiliated person'' of another person, in part, to be any person
directly or indirectly controlling, controlled by, or under common
control with, such other person. Section 2(a)(9) of the Act defines
``control'' as the ``power to exercise a controlling influence over the
management or policies of a company,'' but excludes circumstances in
which ``such power is solely the result of an official position with
such company.'' Applicants state that the Funds may be under common
control by virtue of having common investment advisers and/or by having
common Trustees and officers.
    2. Section 6(c) of the Act provides that an exemptive order may be
granted where an exemption is ``necessary or appropriate in the public
interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of [the Act].''
Section 17(b) of the Act authorizes the Commission to exempt a proposed
transaction from section 17(a) provided that the terms of the
transaction, including the consideration to be paid or received, are
fair and reasonable and do not involve overreaching on the part of any
person concerned, and the transaction is consistent with the policy of
the investment company as recited in its registration statement and
with the general purposes of the Act. Applicants believe that the
proposed arrangements satisfy these standards for the reasons discussed
below.
    3. Applicants assert that sections 17(a)(3) and 21(b) of the Act
were intended to prevent a party with strong potential adverse
interests to, and some influence over the investment decisions of, a
registered investment company from causing or inducing the investment
company to engage in lending transactions that unfairly inure to the
benefit of such party and that are detrimental to the best interests of
the investment company and its shareholders. Applicants assert that the
proposed credit facility transactions do not raise these concerns
because: (a) The Adviser, through the Interfund Lending Committee,
would administer the program as a disinterested fiduciary as part of
its duties under the investment advisory agreement and administrative
agreements with each Fund; (b) all Interfund Loans would consist only
of uninvested cash reserves that the lending Fund otherwise would
invest in short-term repurchase agreements or other short-term
instruments either directly or through a money market fund; (c) the
Interfund Loans would not involve a significantly greater risk than
such other investments; (d) the lending Fund would receive interest at
a rate higher than it could otherwise obtain through such other
investments; and (e) the borrowing Fund would pay interest at a rate
lower than otherwise available to it under its bank loan agreements and
avoid some up-front commitment fees associated with committed lines of
credit. Moreover, applicants assert that the other terms and conditions
that applicants propose also would effectively preclude the possibility
of any Fund obtaining an undue advantage over any other Fund.
    4. Section 17(a)(1) of the Act generally prohibits an affiliated
person of a registered investment company, or any affiliated person of
such a person, from selling securities or other property to the
investment company. Section 17(a)(2) of the Act generally prohibits an
affiliated person of a registered investment company, or any affiliated
person of such a person, from purchasing securities or other property
from the investment company. Section 12(d)(1) of the Act generally
prohibits a registered investment company from purchasing or otherwise
acquiring any security issued by any other investment company except in
accordance with the limitations set forth in that section.
    5. Applicants state that the obligation of a borrowing Fund to
repay an Interfund Loan could be deemed to constitute a security for
the purposes of sections 17(a)(1) and 12(d)(1). Applicants also state
that any pledge of assets in connection with an Interfund Loan could be
construed as a purchase of the borrowing Fund's securities or other
property for purposes of section 17(a)(2) of the Act. Section
12(d)(1)(J) of the Act provides that the Commission may exempt persons
or transactions from any provision of section 12(d)(1) if and to the
extent that such exemption is consistent with the public interest and
the protection of investors. Applicants submit that the requested
exemptions from sections 17(a)(1), 17(a)(2) and 12(d)(1) are
appropriate in the public interest, and consistent with the protection
of investors and policies and purposes of the Act for all the reasons
set forth above in support of their request for relief from sections
17(a)(3) and 21(b). Applicants also state that the requested relief
from section 17(a)(2) of the Act meets the standards of section 6(c)
and 17(b) because any collateral pledged to secure an Interfund Loan
would be subject to the same conditions imposed by any other lender to
a Fund that imposes conditions on the quality of or access to
collateral for a borrowing (if the lender is another Fund) or the same
or better conditions (in any other circumstance).
    6. Applicants state that section 12(d)(1) was intended to prevent
the pyramiding of investment companies in order to avoid imposing on
investors additional and duplicative costs and fees attendant upon
multiple layers of investments. Applicants submit that the proposed
credit facility does not involve these abuses. Applicants note that
there will be no duplicative costs or fees to the Funds or their
shareholders, and that the Adviser will receive no additional
compensation for its services in administering the credit facility.
Applicants also note that the purpose of the proposed credit facility
is to provide economic benefits for all the participating Funds and
their shareholders.
    7. Section 18(f)(1) of the Act prohibits open-end investment
companies from issuing any senior security except that a company is
permitted to borrow from any bank, provided, that immediately after the
borrowing, there is asset coverage of at least 300 per centum for all
borrowings of the company. Under section 18(g) of the Act, the term
``senior security'' generally includes any bond, debenture, note or
similar obligation or instrument constituting a security and evidencing
indebtedness. Applicants request exemptive relief under section 6(c)
from section 18(f)(1) only to the limited extent necessary to permit a
Fund to lend to or borrow directly from other Funds. The Funds would
remain subject to the requirement of section 18(f)(l) that all
borrowings of a Fund, including combined interfund and bank borrowings,
have at least 300% asset coverage. Based on the conditions and
safeguards described in the application, applicants submit that to
allow the Funds to borrow directly from other Funds pursuant to the
proposed credit facility is consistent with the purposes and policies
of section 18(f)(l).
    8. Section 17(d) of the Act and rule 17d-1 under the Act generally
prohibit an affiliated person of a registered investment company, or
any affiliated person of such a person, when acting as principal, from
effecting any joint transaction in which the investment company
participates, unless, upon application, the transaction has been
approved by the Commission. Rule 17d-1(b) under the Act provides that
in passing upon an application filed under the rule, the Commission
will consider whether the participation of the registered investment
company in a joint enterprise on the basis proposed is

consistent with the provisions, policies and purposes of the Act and
the extent to which such participation is on a basis different from or
less advantageous than that of the other participants.
    9. Applicants assert that the purpose of section 17(d) is to avoid
overreaching by and unfair advantage to insiders. Applicants assert
that the proposed credit facility is consistent with the provisions,
policies and purposes of the Act in that it offers both reduced
borrowing costs and enhanced returns on loaned funds to all
participating Funds and their shareholders. Applicants note that each
Fund would have an equal opportunity to borrow and lend on equal terms
consistent with its investment policies and fundamental investment
limitations. Applicants assert that each Fund's participation in the
proposed credit facility would be on terms that are no different from
or less advantageous than that of other participating Funds.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. The Interfund Loan Rate will be the average of the Repo Rate and
the Bank Loan Rate.
    2. On each business day when an Interfund Loan is to be made, the
Interfund Lending Committee will compare the Bank Loan Rate with the
Repo Rate and will make cash available for Interfund Loans only if the
Interfund Loan Rate is: (a) More favorable to the lending Fund than the
Repo Rate and, if applicable, the yield of any money market fund in
which the lending Fund could otherwise invest; and (b) more favorable
to the borrowing Fund than the Bank Loan Rate.
    3. If a Fund has outstanding bank borrowings, any Interfund Loans
to the Fund: (a) Will be at an interest rate equal to or lower than the
interest rate of any outstanding bank loan; (b) will be secured at
least on an equal priority basis with at least an equivalent percentage
of collateral to loan value as any outstanding bank loan that requires
collateral; (c) will have a maturity no longer than any outstanding
bank loan (and in any event not over seven days); and (d) will provide
that, if an event of default by the Fund occurs under any agreement
evidencing an outstanding bank loan to the Fund, that event of default
will automatically (without need for action or notice by the lending
Fund) constitute an immediate event of default under the Interfund
Lending Agreement entitling the lending Fund to call the Interfund Loan
(and exercise all rights with respect to any collateral) and that such
call will be made if the lending bank exercises its right to call its
loan under its agreement with the borrowing Fund.
    4. A Fund may make an unsecured borrowing through the proposed
credit facility if its outstanding borrowings from all sources
immediately after the interfund borrowing total 10% or less of its
total assets, provided that if the Fund has a secured loan outstanding
from any other lender, including but not limited to another Fund, the
Fund's interfund borrowing will be secured on at least an equal
priority basis with at least an equivalent percentage of collateral to
loan value as any outstanding loan that requires collateral. If a
Fund's total outstanding borrowings immediately after an interfund
borrowing would be greater than 10% of its total assets, the Fund may
borrow through the proposed credit facility only on a secured basis. A
Fund may not borrow through the proposed credit facility or from any
other source if its total outstanding borrowings immediately after such
borrowing would be more than 33\1/3\% of its total assets.
    5. Before any Fund that has outstanding interfund borrowings may,
through additional borrowings, cause its outstanding borrowings from
all sources to exceed 10% of its total assets, the Fund must first
secure each outstanding Interfund Loan by the pledge of segregated
collateral with a market value at least equal to 102% of the
outstanding principal value of the loan. If the total outstanding
borrowings of a Fund with outstanding Interfund Loans exceed 10% of its
total assets for any other reason (such as a decline in net asset value
or because of shareholder redemptions), the Fund will within one
business day thereafter: (a) Repay all of its outstanding Interfund
Loans; (b) reduce its outstanding indebtedness to 10% or less of its
total assets; or (c) secure each outstanding Interfund Loan by the
pledge of segregated collateral with a market value at least equal to
102% of the outstanding principal value of the loan until the Fund's
total outstanding borrowings cease to exceed 10% of its total assets,
at which time the collateral called for by this condition 5 shall no
longer be required. Until each Interfund Loan that is outstanding at
any time that a Fund's total outstanding borrowings exceed 10% is
repaid or the Fund's total outstanding borrowings cease to exceed 10%
of its total assets, the Fund will mark the value of the collateral to
market each day and will pledge such additional collateral as is
necessary to maintain the market value of the collateral that secures
each outstanding Interfund Loan at least equal to 102% of the
outstanding principal value of the Interfund Loan.
    6. No Fund may lend to another Fund through the proposed credit
facility if the loan would cause its aggregate outstanding loans
through the proposed credit facility to exceed 15% of the lending
Fund's current net assets at the time of the loan.
    7. A Fund's Interfund Loans to any one Fund shall not exceed 5% of
the lending Fund's net assets.
    8. The duration of Interfund Loans will be limited to the time
required to obtain cash sufficient to repay such Interfund Loan,
through either the sale of portfolio securities or the net sales of the
Fund's shares, but in no event more than seven days. Loans effected
within seven days of each other will be treated as separate loan
transactions for purposes of this condition.
    9. A Fund's borrowings through the proposed credit facility, as
measured on the day when the most recent loan was made, will not exceed
the greater of 125% of the Fund's total net cash redemptions for the
preceding seven calendar days or 102% of the Fund's sales fails for the
preceding seven calendar days.
    10. Each Interfund Loan may be called on one business day's notice
by a lending Fund and may be repaid on any day by a borrowing Fund.
    11. A Fund's participation in the proposed credit facility must be
consistent with its investment objectives and limitations and
organizational documents.
    12. The Interfund Lending Committee will calculate total Fund
borrowing and lending demand through the proposed credit facility, and
allocate loans on an equitable basis among the Funds, without the
intervention of any portfolio manager. The Interfund Lending Committee
will not solicit cash for the proposed credit facility from any Fund or
prospectively publish or disseminate loan demand data to portfolio
managers. The Interfund Lending Committee will invest any amounts
remaining after satisfaction of borrowing demand in accordance with the
standing instructions of the portfolio managers or such remaining
amounts will be invested directly by the portfolio managers of the
Funds.
    13. The Interfund Lending Committee will monitor the Interfund Loan
Rate and the other terms and conditions of the Interfund Loans and will
make a quarterly report to the Trustees of each Fund concerning the
participation of the Funds in the proposed credit facility and the
terms and other conditions of any extensions of credit under the credit
facility.

    14. The Trustees of each Fund, including a majority of the
Independent Trustees, will:
    (a) Review, no less frequently than quarterly, the Fund's
participation in the proposed credit facility during the preceding
quarter for compliance with the conditions of any order permitting such
transactions;
    (b) establish the Bank Loan Rate formula used to determine the
interest rate on Interfund Loans and review, no less frequently than
annually, the continuing appropriateness of the Bank Loan Rate formula;
and
    (c) review, no less frequently than annually, the continuing
appropriateness of the Fund's participation in the proposed credit
facility.
    15. In the event an Interfund Loan is not paid according to its
terms and such default is not cured within two business days from its
maturity or from the time the lending Fund makes a demand for payment
under the provisions of the Interfund Lending Agreement, the Adviser
will promptly refer such loan for arbitration to an independent
arbitrator selected by the Trustees of each Fund involved in the loan
who will serve as arbitrator of disputes concerning Interfund Loans.\2\
The arbitrator will resolve any problem promptly, and the arbitrator's
decision will be binding on both Funds. The arbitrator will submit, at
least annually, a written report to the Trustees setting forth a
description of the nature of any dispute and the actions taken by the
Funds to resolve the dispute.
---------------------------------------------------------------------------

    \2\ If the dispute involves Funds with different Trustees, the
respective Trustees of each Fund will select an independent
arbitrator that is satisfactory to each Fund.
---------------------------------------------------------------------------

    16. Each Fund will maintain and preserve for a period of not less
than six years from the end of the fiscal year in which any transaction
by it under the proposed credit facility occurred, the first two years
in an easily accessible place, written records of all such transactions
setting forth a description of the terms of the transactions, including
the amount, the maturity and the Interfund Loan Rate, the rate of
interest available at the time each Interfund Loan is made on overnight
repurchase agreements and commercial bank borrowings, the yield of any
money market fund in which the lending Fund could otherwise invest, and
such other information presented to the Fund's Trustees in connection
with the review required by conditions 13 and 14.
    17. The Adviser will prepare and submit to the Trustees for review
an initial report describing the operations of the proposed credit
facility and the procedures to be implemented to ensure that all Funds
are treated fairly. After the commencement of the proposed credit
facility, the Adviser will report on the operations of the proposed
credit facility at the Trustees' quarterly meetings.
    Each Fund's chief compliance officer, as defined in rule 38a-
1(a)(4) under the Act, shall prepare an annual report for its Trustees
each year that the Fund participates in the proposed credit facility,
that evaluates the Fund's compliance with the terms and conditions of
the application and the procedures established to achieve such
compliance. Each Fund's chief compliance officer will also annually
file a certification pursuant to Item 77Q3 of Form N-SAR as such Form
may be revised, amended or superseded from time to time, for each year
that the Fund participates in the proposed credit facility, that
certifies that the Fund and the Adviser have established procedures
reasonably designed to achieve compliance with the terms and conditions
of the order. In particular, such certification will address procedures
designed to achieve the following objectives:
    (a) That the Interfund Loan Rate will be higher than the Repo Rate,
and, if applicable, the yield of any money market fund in which the
lending Fund could otherwise invest, but lower than the Bank Loan Rate;
    (b) compliance with the collateral requirements as set forth in the
application;
    (c) compliance with the percentage limitations on interfund
borrowing and lending;
    (d) allocation of interfund borrowing and lending demand in an
equitable manner and in accordance with procedures established by the
Trustees; and
    (e) that the Interfund Loan Rate does not exceed the interest rate
on any third party borrowings of a borrowing Fund at the time of the
Interfund Loan.
    Additionally, each Fund's independent public accountants, in
connection with their audit examination of the Fund, will review the
operation of the proposed credit facility for compliance with the
conditions of the application and their review will form the basis, in
part, of the auditor's report on internal accounting controls in Form
N-SAR.
    18. No Fund will participate in the proposed credit facility upon
receipt of requisite regulatory approval unless it has fully disclosed
in its prospectus and/or statement of additional information all
material facts about its intended participation.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-11873 Filed 5-19-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Page 38735]
[FR Doc No: 2021-15628]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4562-DR; Docket ID FEMA-2021-0001]

Oregon; Amendment No. 6 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, Homeland Security (DHS).

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
State of Oregon (FEMA-4562-DR), dated September 15, 2020, and related
determinations.

DATES: This amendment was issued June 29, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 29, 2021, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''), in a letter to Deanne
Criswell, Administrator, Federal Emergency Management Agency,
Department of Homeland Security, under Executive Order 12148, as
follows:

    I have determined that the damage in certain areas of the State
of Oregon resulting from wildfires and straight-line winds during
the period of September 7 to November 3, 2020, is of sufficient
severity and magnitude that special cost sharing arrangements are
warranted regarding federal funds provided under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act'').
    Therefore, I amend the declaration of September 15, 2020, to
authorize a 100 percent Federal cost share for debris removal and
emergency protective measures, including direct Federal assistance,
under the Public Assistance program for a continuous period of 30
days established by the State of Oregon.
    This adjustment to State and local cost sharing applies only to
Public Assistance costs and direct Federal assistance eligible for
such adjustments under the law. The Robert T. Stafford Disaster
Relief and Emergency Assistance Act specifically prohibits a similar
adjustment for funds provided for Other Needs Assistance (Section
408) and the Hazard Mitigation Grant Program (Section 404). These
funds will continue to be reimbursed at 75 percent of total eligible
costs.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-15628 Filed 7-21-21; 8:45 am]
BILLING CODE 9111-23-P