[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Proposed Rules]
[Page 8218-8219]
[DOCID:fr24fe09-30]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1230; Airspace Docket No. 08-ACE-1]

Proposed Amendment of Class E Airspace; Fulton, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to amend Class E airspace at Fulton, MO.
Additional controlled airspace is necessary to accommodate new Standard
Instrument Approach Procedures (SIAPs) at Elton Hensley Memorial
Airport, Fulton, MO. This action also would adjust the geographic
coordinates of Elton Hensley Memorial Airport. The FAA is taking this
action to enhance the safety and management of Instrument Flight Rules
(IFR) aircraft operations at Elton Hensley Memorial Airport.

DATES: 0901 UTC. Comments must be received on or before April 10, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2008-1230/Airspace Docket No. 08-
ACE-1, at the beginning of your comments. You may also submit comments
on the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone: (817)
321-7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2008-1230/
Airspace Docket No. 08-ACE-1.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRMs
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by adding additional Class E airspace for SIAPs
operations at Elton Hensley Memorial Airport, Fulton, MO, and adjusting
the geographic coordinates of the airport. The area would be depicted
on appropriate aeronautical charts.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9S, dated October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it would add
additional controlled airspace at Elton Hensley Memorial Airport,
Fulton, MO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for Part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, dated October 3, 2008, and effective October 31,
2008, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ACE MO E5 Fulton, MO [Amended]

Fulton, Elton Hensley Memorial Airport, MO
    (Lat. 38[deg]50'17'' N., long. 92[deg]00'09'' W.)
Guthrie NDB (FTT)
    (Lat. 38[deg]50'34'' N., long. 92[deg]00'17'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Elton Hensley Memorial Airport and
within 2.6 miles each side of the 069[deg] bearing from the Guthrie
NDB extending from the 6.5-mile radius of the airport to 7 miles
northeast of the NDB, and within 2.6 miles each side of the 229[deg]
bearing from the NDB extending from the 6.5-mile radius of the
airport to 7 miles southwest of the NDB.
* * * * *

    Issued in Fort Worth, TX on February 12, 2009.
Roger M. Trevino,
Acting Manager, Operations Support Group, ATO Central Service Center.
 [FR Doc. E9-3819 Filed 2-23-09; 8:45 am]

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EXHIBIT 15 TOTAL ANNUAL AGENCY BURDEN AND COSTS Total Total Total Total Total Hours per Capital Cost per O& M Cost per Labor Cost per Cost per EXHIBIT Year Year Year Year Year SUBPART I CONTAINERS 0 $ 0 $ 0 $ 0 $ 0 SUBPART J TANK SYSTEMS 5,144 $ 0 $ 0 $ 241,562 $ 241,562 SUBPART K SURFACE IMPOUNDMENTS 17 $ 0 $ 0 $ 793 $ 793 SUBPART L WASTE PILES 0 $ 0 $ 0 $ 0 $ 0 SUBPART M LAND TREATMENT 0 $ 0 $ 0 $ 0 $ 0 SUBPART N LANDFILLS 25 $ 0 $ 0 $ 1,201 $ 1,201 SUBPART O INCINERATORS 17 $ 0 $ 0 $ 815 $ 815 SUBPART X MISCELLANEOUS UNITS 0 $ 0 $ 0 $ 0 $ 0 SUBPART W DRIP PADS 0 $ 0 $ 0 $ 0 $ 0 SUBPART AA PROCESS VENTS 3,336 $ 0 $ 0 $ 156,659 $ 156,659 SUBPART BB EQUIPMENT LEAKS 8,924 $ 0 $ 0 $ 419,071 $ 419,071 SUBPART DD CONTAINMENT BUILDINGS 178 $ 0 $ 0 $ 8,088 $ 8,088 PART 266 SPECIFIC HAZARDOUS WASTE RECOVERY/

RECYCLING FACILITIES 0 $ 0 $ 0 $ 0 $ 0 TOTAL AGENCY BURDEN 17,641 $ 0 $ 0 $ 828,189 $ 828,189 Over 3 year period 52,922 2,484,567 $

total agency burden reported in 2000 10541.25 0 0 316556.66 316556.66 difference 7099.5 0 0 511632.2575 511632.2575 EXHIBIT 13 TOTAL ANNUAL RESPONDENT BURDEN AND COST Total Total Total Total Total Hours per Capital Cost per O& M Cost per Labor Cost per Cost per Year Year Year Year Year SUBPART I CONTAINERS 74,961 $ 0 $ 0 $ 7,247,622 $ 7,247,622 SUBPART J TANK SYSTEMS 164,619 $ 0 $ 341,502 $ 9,331,248 $ 9,672,750 SUBPART K SURFACE IMPOUNDMENTS 6,749 $ 0 $ 3,887 $ 383,876 $ 387,763 SUBPART L WASTE PILES 272 $ 0 $ 0 $ 13,712 $ 13,712 SUBPART M LAND TREATMENT 0.00 $ 0 $ 0 $ 0 $ 0 SUBPART N LANDFILLS 5,361 $ 0 $ 36,024 $ 270,512 $ 306,536 SUBPART O INCINERATORS 691 $ 0 $ 6 $ 39,343 $ 39,349 SUBPART X MISCELLANEOUS UNITS 0 $ 0 $ 0 $ 0 $ 0 SUBPART W DRIP PADS 17,080 $ 0 $ 680,000 $ 1,020,560 $ 1,700,560 SUBPART AA PROCESS VENTS 315,307 $ 0 $ 3,081,251 $ 17,167,553 $ 20,248,804 SUBPART BB EQUIPMENT LEAKS 82,960 $ 0 $ 147,559 $ 4,348,120 $ 4,495,679 SUBPART DD CONTAINMENT BUILDINGS 1,478 $ 0 $ 38,977 $ 85,482 $ 124,459 PURCHASE OF FILE CABINETS 0 $ 0 0 0 0 TOTAL RESPONDENT BURDEN 669,476 $ $ 0 4,329,206 $ 39,908,027 $ 44,237,233 $

TOTAL RESPONDENT BURDEN for 2000 287,069 $ 30,677 $ 843,840 $ 16,936,052 $ 17,810,569 change since 2000 ICR 382,407 ( 30,677.00)

$ 3,485,366.00 $ 22,971,975.13 $ 26,426,664.13 $

Reduction from 1996 to 2000  82%  132%

Over 3 years 2,008,429 $ 132,711,698 EXHIBIT 16 TOTAL AVERAGE RESPONDENT BURDEN Average Average Average Average Reporting Recordkeeping Reporting Recordkeeping Burden Burden Burden Burden SUBPART I CONTAINERS 0 95 0 89 SUBPART J TANK SYSTEMS 3 77 3 74 SUBPART K SURFACE IMPOUNDMENTS 0 74 5 73 SUBPART L WASTE PILES 0 0 0 17 SUBPART M LAND TREATMENT 0 0 0 0 SUBPART N LANDFILLS 0 38 3 37 SUBPART O INCINERATORS 0 3 1 3 SUBPART X MISCELLANEOUS UNITS N/ A N/ A 0 0 SUBPART W DRIP PADS 0 34 0 0 SUBPART AA PROCESS VENTS 0 435 10 403 SUBPART BB EQUIPMENT LEAKS 1 46 6 45 SUBPART DD CONTAINMENT BUILDINGS 1 28 3 27 Interim Status Permitted


[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]
[Page 50981]
[DOCID:fr29au08-94]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1768-DR]

Wisconsin; Amendment No. 16 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Wisconsin (FEMA-1768-DR), dated June 14, 2008, and
related determinations.

DATES: Effective Date: August 18, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Wisconsin is hereby amended to include the following
area among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of June 14, 2008.
    Walworth County for Public Assistance (already designated for
Individual Assistance.)

(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.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-20075 Filed 8-28-08; 8:45 am]

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[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Notices]
[Pages 51665-51666]
[FR Doc No: 2017-24225]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32894; File No. 812-14776]

Princeton Fund Advisors, LLC. et al.

November 2, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application for an order under section 12(d)(1)(J) of
the Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 12(d)(1)(A) and (B) of the Act and under sections 6(c) and
17(b) of the Act for an exemption from sections 17(a)(1) and (2) of the
Act. The requested order would permit open-end management investment
companies registered under the Act to acquire shares of open-end
management investment companies registered under the Act that are
outside of the same group of investment companies as the acquiring
companies.

Applicants: Northern Lights Fund Trust, a Delaware statutory trust
registered under the Act as an open-end management investment company
with multiple series (the ``Trust''); Princeton Fund Advisors, LLC, a
Deleware limited liability company (the ``Adviser''), registered as an
investment adviser under the Investment Advisers Act of 1940; and
Foreside Distribution Services, L.P., a Delaware limited liability
company, and Northern Lights Distributors, LLC, a Nebraska limited
liability company (together the ``Distributors''), each registered as a
broker-dealer under the Securities Exchange Act of 1934 (``Exchange
Act'').

Filing Dates: The application was filed on May 16, 2017 and amended on
August 16, 2017.

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 November 28, 2017 and should be accompanied by proof of
service on the applicants, in the form of an affidavit, or, for
lawyers, a certificate of service. Pursuant to Rule 0-5 under the Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: Thompson Hine LLP,
41 South High Street, Suite 1700, Columbus, OH 43215.

FOR FURTHER INFORMATION CONTACT: Rochelle Kauffman Plesset, Senior
Counsel, at<PHONE_NUMBER> or David Marcinkus, Branch Chief, at (202)
551-6882 (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>.

Summary of the Application

    1. Applicants request an order to permit (a) registered open-end
management investment companies (the ``Investing Funds'') that are not
part of the same ``group of investment companies,'' within the meaning
of section 12(d)(1)(G)(ii) of the Act, as the Trust, to acquire shares
in series of the Trust \1\ advised by the Adviser in excess of the
limits in sections 12(d)(1)(A) of the Act and (b) the Funds, their
principal underwriters and any broker

or dealer registered under the Exchange Act to sell shares of the Funds
to the Investing Funds in excess of the limits in section 12(d)(1)(B)
of the Act. Applicants also request an order of exemption under
sections 6(c) and 17(b) of the Act from the prohibition on certain
affiliated transactions in section 17(a) of the Act to the extent
necessary to permit the Funds to sell their shares to, and redeem their
shares from, the Investing Funds.\2\ Applicants state that such
transactions will be consistent with the policies of each Fund and each
Investing Fund and with the general purposes of the Act and will be
based on the net asset values of the Funds.
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    \1\ Applicants request that the order apply to (1) each existing
series of the Trust that currently is part of the same ``group of
investment companes'' as the Trust and is advised by the Adviser,
(2) to any future series of the Trust, and any other existing or
future registered open-end management investment companies and any
series thereof that are, or may in the future be, advised by the
Advisor and that are part of the same group of investment companies
(each, a ``Fund'' and collectively the ``Funds''), and (3) any
principal underwriter and distributor for a Fund. Certain of the
Funds may have obtained exemptions from the Commission necessary to
permit their shares to be listed and traded on a national securities
exchange at negotiated prices and, accordingly, to operate as an
exchange-traded fund (``ETF''). For purposes of the request for
relief, the term ``group of investment companies'' means any two or
more registered investment companies that hold themselves out to
investors as related companies for purposes of investment and
investor services.
    \2\ An Investing Fund generally would purchase and sell shares
of a Fund that operates as an ETF through secondary market
transactions rather than through principal transactions with the
Fund. The requested relief is intended to cover tranasactions
directly between Funds and Investing Funds. Applicants are not
seeking relief from Section 17(a) for, and the requested relief will
not apply to, transactions where an ETF could be deemed an
affiliated person, or an affiliated person of an affiliated person,
of an Investing Fund because an investment adviser to the ETF or an
entity controlling, controlled by or under common control with the
investment adviser to the ETF is also an investment adviser to the
Investing Fund.
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    2. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the
application.\3\ Such terms and conditions are designed to, among other
things, help prevent any potential (i) undue influence over a Fund that
is not in the same ``group of investment companies'' as the Investing
Fund through control or voting power, or in connection with certain
services, transactions, and underwritings, (ii) excessive layering of
fees, and (iii) overly complex fund structures, which are the concerns
underlying the limits in sections 12(d)(1)(A) and (B) of the Act.
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    \3\ Applicants state that each Investing Fund that intends to
invest in a Fund in excess of the limits of section 12(d)(1)(A)
would be required to sign an agreement that the Investing Fund would
adhere to the terms and conditions of the order.
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    3. Section 12(d)(1)(J) of the Act provides that the Commission may
exempt any person, security, or transaction, or any class or classes of
persons, securities, or transactions, from any provision of section
12(d)(1) if the exemption is consistent with the public interest and
the protection of investors. Section 17(b) of the Act authorizes the
Commission to grant an order permitting a transaction otherwise
prohibited by section 17(a) if it finds that (a) the terms of the
proposed transaction are fair and reasonable and do not involve
overreaching on the part of any person concerned; (b) the proposed
transaction is consistent with the policies of each registered
investment company involved; and (c) the proposed transaction is
consistent with the general purposes of the Act. Section 6(c) of the
Act permits the Commission to exempt any persons or transactions from
any provision of the Act if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24225 Filed 11-6-17; 8:45 am]
 BILLING CODE 8011-01-P