[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33376-33377]
[FR Doc No: 2011-14063]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29689; 812-13851]

Altegris Advisors, L.L.C. and Northern Lights Fund Trust; Notice
of Application

June 1, 2011.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act

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    Summary of Application: Applicants request an order that would
permit them to enter into and materially amend subadvisory agreements
without shareholder approval.
    Applicants: Altegris Advisors, L.L.C. (the ``Adviser'') and
Northern Lights Fund Trust (the ``Trust'').
DATES: Filing Dates: The application was filed on December 8, 2010, and
amended on April 12, 2011, and May 19, 2011.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on June 27, 2011, and should be accompanied by proof of
service on the applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Hearing requests should state the nature of
the writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants: Adviser, 1200
Prospect Street, Suite 550, La Jolla, CA 92037; Trust: 4020 South 147th
Street, Omaha, NE 68137.

FOR FURTHER INFORMATION CONTACT: Lewis B. Reich, Senior Counsel, at
(202) 551-6919, or Jennifer L. Sawin, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.
    Applicants' Representations:
    1. The Trust, a Delaware statutory trust, is registered under the
Act as an open-end management investment company and comprises
approximately ninety series, including the Altegris Managed Futures
Strategy Fund (the ``MF Fund'') and the Altegris Macro Strategy Fund
(the ``MS Fund''). The MF Fund currently employs one unaffiliated
investment subadviser (a ``Subadviser'') and the MS Fund employs one
Subadviser.\1\ The Adviser is a Delaware limited liability company
registered as an investment adviser under the Investment Advisers Act
of 1940 (``Advisers Act'') and serves as the investment adviser to the
MF Fund and the MS Fund pursuant to investment advisory agreements
(``Advisory Agreements'') with the Trust. The Adviser will also serve
as the investment adviser to the other Funds. The Advisory Agreements
were approved by the Trust's board of trustees (together with the board
of directors or trustees of any other Fund, the ``Board''), including a
majority of the trustees who are not ``interested persons,'' as defined
in section 2(a)(19) of the Act, of the Trust or the Adviser
(``Independent Trustees'') and by the initial shareholder of the MF
Fund and the MS Fund.
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    \1\ Applicants also request relief with respect to existing and
future series of the Trust and any other existing or future
registered open-end management investment company or series thereof
that: (a) Is advised by the Adviser; (b) uses the manager of
managers structure (``Manager of Managers Structure'') described in
the application; and (c) complies with the terms and conditions of
the application (together with the MF Fund and the MS Fund, the
``Funds'' and each, individually, a ``Fund.'') The only existing
registered open-end management investment company that currently
intends to rely on the requested order is named as an applicant. The
MF Fund and the MS Fund are the only Funds that currently intend to
rely on the requested order. If the name of any Fund contains the
name of a Subadviser, the name of the Adviser will precede the name
of the Subadviser.
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    2. Under the terms of the Advisory Agreements, the Adviser is
responsible for the overall management of the business affairs of the
MF Fund and the MS Fund and selecting those Funds' investments in
accordance with the Funds' respective investment objectives, policies
and restrictions. For the investment management services that it
provides to those Funds, the Adviser receives the fee specified in the
Advisory Agreements. The Advisory Agreements also permit the Adviser to
retain one or more subadvisers for the purpose of managing the
investments of the MF Fund and the MS Fund. Pursuant to this authority,
the Adviser has entered into investment subadvisory agreements with one
Subadviser to provide investment advisory services to the MF Fund and
with another Subadviser to provide investment advisory service to the
MS Fund (such agreements with Subadvisers, ``Subadvisory Agreements'').
Each Subadviser is and each future Subadviser will be registered as an
investment adviser under the Advisers Act. The Adviser will supervise,
evaluate and allocate assets to the Subadvisers, and make
recommendations to the Board about their hiring, retention or release,
at all times subject to the authority of the Board. The Adviser will
compensate each Subadviser out of the fees paid to the Adviser under
the Advisory Agreement.
    3. Applicants request an order to permit the Adviser, subject to
Board approval, to enter into and materially amend Subadvisory
Agreements without obtaining shareholder approval. The requested relief
will not extend to any subadviser that is an affiliated person, as
defined in section 2(a)(3) of the Act, of the Trust, a Fund or the
Adviser, other than by reason of serving

as a subadviser to one or more of the Funds (``Affiliated
Subadviser'').
    Applicants' Legal Analysis:
    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of securities in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Section 6(c) 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 provisions of the Act, or
from any rule thereunder, 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. Applicants state that the requested relief meets this standard for
the reasons discussed below.
    3. Applicants assert that the shareholders are relying on the
Adviser's experience to select one or more Subadvisers best suited to
achieve a Fund's investment objectives. Applicants assert that, from
the perspective of the investor, the role of the Subadvisers is
comparable to that of the individual portfolio managers employed by the
Adviser. Applicants state that requiring shareholder approval of each
Subadvisory Agreement would impose costs and unnecessary delays on the
Funds, and may preclude the Adviser from acting promptly in a manner
considered advisable by the Board. Applicants note that the Advisory
Agreement and any Subadvisory Agreement with an Affiliated Subadviser
will remain subject to section 15(a) of the Act and rule 18f-2 under
the Act.
    Applicants' Conditions:
    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Fund may rely on the requested order, the operation of
the Fund in the manner described in the application will be approved by
a majority of the Fund's outstanding voting securities, as defined in
the Act, or in the case of a Fund whose public shareholders purchase
shares on the basis of a prospectus containing the disclosure
contemplated by condition 2 below, by the initial shareholder(s) before
offering shares of that Fund to the public.
    2. Each Fund relying on the requested order will disclose in its
prospectus the existence, substance, and effect of any order granted
pursuant to this application. Each Fund will hold itself out to the
public as utilizing the Manager of Managers Structure. The prospectus
will prominently disclose that the Adviser has ultimate responsibility
(subject to oversight by the Board) to oversee the Subadvisers and
recommend their hiring, termination, and replacement.
    3. Within 90 days of the hiring of a new Subadviser, shareholders
of the affected Fund will be furnished all information about the new
Subadviser that would be included in a proxy statement. To meet this
obligation, each Fund will provide shareholders within 90 days of the
hiring of a new Subadviser an information statement meeting the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule
14A under the Securities Exchange Act of 1934.
    4. The Adviser will not enter into a subadvisory agreement with any
Affiliated Subadviser without such agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Fund.
    5. At all times, at least a majority of the Board will be
Independent Trustees, and the nomination of new or additional
Independent Trustees will be placed within the discretion of the then-
existing Independent Trustees.
    6. Whenever a subadviser change is proposed for a Fund with an
Affiliated Subadviser, the Board, including a majority of the
Independent Trustees, will make a separate finding, reflected in the
applicable Board minutes, that such change is in the best interests of
the Fund and its shareholders, and does not involve a conflict of
interest from which the Adviser or the Affiliated Subadviser derives an
inappropriate advantage.
    7. The Adviser will provide general management services to each
Fund, including overall supervisory responsibility for the general
management and investment of each Fund's assets and, subject to review
and approval of the Board, will: (a) Set each Fund's overall investment
strategies; (b) evaluate, select and recommend Subadvisers to manage
all or a part of each Fund's assets; (c) allocate and, when
appropriate, reallocate each Fund's assets among one or more
Subadvisers; (d) monitor and evaluate the performance of Subadvisers;
and (e) implement procedures reasonably designed to ensure that the
Subadvisers comply with each Fund's investment objective, policies and
restrictions.
    8. No trustee or officer of the Trust or a Fund, or director,
manager, or officer of the Adviser, will own directly or indirectly
(other than through a pooled investment vehicle that is not controlled
by such person), any interest in a Subadviser, except for (a) ownership
of interests in the Adviser or any entity that controls, is controlled
by, or is under common control with the Adviser or (b) ownership of
less than 1% of the outstanding securities of any class of equity or
debt of any publicly traded company that is either a Subadviser or an
entity that controls, is controlled by, or is under common control with
a Subadviser.
    9. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the application, the requested order will expire on the effective
date of that rule.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-14063 Filed 6-7-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Pages 53649-53650]
[FR Doc No: 2021-21015]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15021-000]

Bard College, New York; Notice of Intent To Prepare an
Environmental Assessment

    On December 23, 2019, Bard College, New York filed an application
for an exemption from licensing for the 10-kilowatt Annandale Micro
Hydropower Project (Annandale Project) (FERC No. 15021). The Annandale
Project is located on the Saw Kill, a tributary of the Hudson River, in
the Town of Red Hook, Dutchess County, New York. The project does not
occupy federal land.
    In accordance with the Commission's regulations, on July 9, 2021,
Commission staff issued a notice that the project was ready for
environmental analysis (REA notice). Based on the information in the
record, including comments filed on the REA notice, staff does not
anticipate that licensing the project would constitute a major federal
action significantly affecting the quality of the human environment.
Therefore, staff intends to prepare an Environmental Assessment (EA) on
the application to exempt the Annandale Project from licensing.
    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's decision on whether to issue an
exemption from licensing for the project.
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
                Milestone                           Target date
------------------------------------------------------------------------
Commission issues EA....................  January 2022.\1\

Comments on EA..........................  February 2022.
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\1\ The Council on Environmental Quality's (CEQ) regulations under 40
  CFR 1501.10(b)(1) require that EAs be completed within 1 year of the
  federal action agency's decision to prepare an EA. This notice
  establishes the Commission's intent to prepare an EA for the Annandale
  Project. Therefore, in accordance with CEQ's regulations, the EA must
  be issued within 1 year of the issuance date of this notice.

    Any questions regarding this notice may be directed to Monir
Chowdhury at<PHONE_NUMBER> or<EMAIL_ADDRESS>or Laurie Bauer
at<PHONE_NUMBER> or Laurie<EMAIL_ADDRESS>
    Dated: September 22, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-21015 Filed 9-27-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Notices]
[Page 50702]
[FR Doc No: 2012-20607]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Cardiovascular and Renal Drugs Advisory Committee; Cancellation

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The meeting of the Cardiovascular and Renal Drugs Advisory
Committee scheduled for September 14, 2012, is cancelled. The meeting
is no longer needed. This meeting was announced in the Federal Register
of July 23, 2012 (77 FR 43093).

FOR FURTHER INFORMATION CONTACT: Kalyani Bhatt, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, FAX:<PHONE_NUMBER>, email<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area), to find out further information regarding FDA
advisory committee information or visit our Web site at http://www.fda.gov/AdvisoryCommittees/default.htm.

    Dated: August 17, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-20607 Filed 8-21-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Notices]
[Pages 58341-58342]
[FR Doc No: 2021-22898]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-438, OMB Control No. 3235-0495]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 154

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    The federal securities laws generally prohibit an issuer,
underwriter, or dealer from delivering a security for sale unless a
prospectus meeting certain requirements accompanies or precedes the
security. Rule 154 (17 CFR 230.154) under the Securities Act of 1933
(15 U.S.C. 77a) (the ``Securities Act'') permits, under certain
circumstances, delivery of a single prospectus to investors who
purchase securities from the same issuer and share the same address
(``householding'') to satisfy the applicable prospectus delivery
requirements.\1\ The purpose of rule 154 is to reduce the amount of
duplicative prospectuses delivered to investors sharing the same
address.
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    \1\ The Securities Act requires the delivery of prospectuses to
investors who buy securities from an issuer or from underwriters or
dealers who participate in a registered distribution of securities.
See Securities Act sections 2(a)(10), 4(1), 4(3), 5(b) [15 U.S.C.
77b(a)(10), 77d(1), 77d(3), 77e(b); see also rule 174 under the
Securities Act (17 CFR 230.174) (regarding the prospectus delivery
obligation of dealers); rule 15c2-8 under the Securities Exchange
Act of 1934 (17 CFR 240.15c2-8) (prospectus delivery obligations of
brokers and dealers).
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    Under rule 154, a prospectus is considered delivered to all
investors at a shared address, for purposes of the federal securities
laws, if the person relying on the rule delivers the prospectus to the
shared address, addresses the prospectus to the investors as a group or
to each of the investors individually, and the investors consent to the
delivery of a single prospectus. The rule applies to prospectuses and
prospectus supplements. Currently, the rule

permits householding of all prospectuses by an issuer, underwriter, or
dealer relying on the rule if, in addition to the other conditions set
forth in the rule, the issuer, underwriter, or dealer has obtained from
each investor written or implied consent to householding.\2\ The rule
requires issuers, underwriters, or dealers that wish to household
prospectuses with implied consent to send a notice to each investor
stating that the investors in the household will receive one prospectus
in the future unless the investors provide contrary instructions. In
addition, at least once a year, issuers, underwriters, or dealers
relying on rule 154 for the householding of prospectuses relating to
open-end management investment companies that are registered under the
Investment Company Act of 1940 (``mutual funds'') and each series
thereof must explain to investors who have provided written or implied
consent how they can revoke their consent.\3\ Preparing and sending the
notice and the annual explanation of the right to revoke are
collections of information.
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    \2\ Rule 154 permits the householding of prospectuses that are
delivered electronically to investors only if delivery is made to a
shared electronic address and the investors give written consent to
householding. Implied consent is not permitted in such a situation.
See rule 154(b)(4).
    \3\ See Rule 154(c).
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    The rule allows issuers, underwriters, or dealers to household
prospectuses if certain conditions are met. Among the conditions with
which a person relying on the rule must comply are providing notice to
each investor that only one prospectus will be sent to the household
and, in the case of issuers that are mutual funds and any series
thereof, providing to each investor who consents to householding an
annual explanation of the right to revoke consent to the delivery of a
single prospectus to multiple investors sharing an address. The purpose
of the notice and annual explanation requirements of the rule is to
ensure that investors who wish to receive individual copies of
prospectuses are able to do so.
    Although rule 154 is not limited to mutual funds, the Commission
believes that it is used mainly by mutual funds and by broker-dealers
that deliver prospectuses for mutual funds. The Commission is unable to
estimate the number of issuers other than mutual funds that rely on the
rule.
    The Commission estimates that, as of June 30, 2021, there are
approximately 13,182 mutual fund series registered on Form N-1A,
approximately 1,279 of which are directly sold and therefore deliver
their own prospectuses. Of these, the Commission estimates that
approximately half (640 mutual fund series): (i) Do not send the
implied consent notice requirement because they obtain affirmative
written consent to household prospectuses in the fund's account opening
documentation; or (ii) do not take advantage of the householding
provision because of electronic delivery options which lessen the
economic and operational benefits of rule 154 when compared with the
costs of compliance. Therefore, the Commission estimates that each of
the 640 directly sold mutual fund series will spend an average of 20
hours per year complying with the notice requirement of the rule, for a
total of 12,800 burden hours. In addition, of the approximately 1,279
mutual fund series that are directly sold, the Commission estimates
that approximately 75% (or 960) will each spend 1 hour complying with
the annual explanation of the right to revoke requirement of the rule,
for a total of 960 hours.
    The Commission estimates that, as of December 31, 2020, there were
approximately 462 broker-dealers that have customer accounts with
mutual funds, and therefore may be required to deliver mutual fund
prospectuses. The Commission estimates that each affected broker-dealer
will spend, on average, 20 hours complying with the notice requirement
of the rule, for a total of 9,240 hours. In addition, each broker-
dealer will also spend one hour complying with the annual explanation
of the right to revoke requirement, for a total of 462 hours.
Therefore, the total number of respondents for rule 154 is 1,422 (960
\4\ mutual fund series plus 462 broker-dealers), and the estimated
total hour burden is approximately 23,462 hours (13,760 hours for
mutual fund series, plus 9,702 hours for broker-dealers).
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    \4\ The Commission estimates that 640 mutual funds prepare both
the implied consent notice and the annual explanation of the right
to revoke consent + 320 mutual funds that prepare only the annual
explanation of the right to revoke.
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    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules and forms. An agency may not conduct or sponsor, and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.
    Written comments are invited on: (a) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burden of
the collections of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collections of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Cynthia
Roscoe 100 F Street NE, Washington, DC 20549; or send an email to:
[email protected].

    Dated: October 15, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-22898 Filed 10-20-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Proposed Rules]
[Page 27300]
[FR Doc No: 2011-11494]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172 and 177

[Docket Number PHMSA-2007-28119 (HM-247)]
RIN 2137-AE37

Hazardous Materials: Cargo Tank Motor Vehicle Loading and
Unloading Operations

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of proposed rulemaking; extension of comment period.

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SUMMARY: On March 11, 2011, PHMSA published a notice of proposed
rulemaking (NPRM) seeking public comment on a proposal to amend the HMR
requirements for cargo tank loading or unloading operations. PHMSA is
notifying the public of our intent to extend the comment period by 30
days for a notice of proposed rulemaking published on March 11, 2011.

DATES: The comment period for the NPRM closing on May 10, 2011, is
extended until June 9, 2011. To the extent possible, PHMSA will
consider late-filed comments during the next stage of the rulemaking
process.

ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2007-28119) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. Note
that all comments received will be posted without change to the docket
management system, including any personal information provided.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov, or DOT's Docket
Operations Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Kurt Eichenlaub or Dirk Der Kinderen,
Standards and Rulemaking Division, Pipeline and Hazardous Materials
Safety Administration, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Privacy Act: Anyone is able to search the
electronic form of any written communications and comments received
into any of our dockets by the name of the individual submitting the
document (or signing the document, if submitted on behalf of an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477) or you may visit http://www.regulations.gov.

I. Background

    On March 11, 2011, PHMSA published an NPRM (HM-247; 76 FR 13313)
seeking public comment on a proposal to amend the HMR requirements for
cargo tank loading or unloading operations. Specifically, the NPRM
amendments included requirements to:
     Assess the risks of loading and unloading operations and
develop written operating procedures based on the risk assessment;
     Train hazmat employees in the relevant aspects of the
operational procedures;
     Qualify annually hazmat employees who perform loading and
unloading operations;
     Develop and implement a periodic maintenance schedule for
equipment and conduct periodic operational tests of equipment; and
     Ensure that the equipment meets the performance standards.
    In the NPRM, we invited comment on a number of provisions as well
as comment on the methodology used to develop the regulatory evaluation
supporting the NPRM. See the March 11, 2011 NPRM for a complete
discussion of the proposals and requests for comment and information.

II. Comment Period Extension

    Given the abundance of requests for comment and data contained in
this NPRM as well as our consideration of a number of other proposed
rulemakings concurrently impacting interested parties affected by the
cargo tank motor vehicle proposals in this notice, we are providing
affected entities as well as the general public an additional 30 days
to allow for thorough review, analysis, and response to the NPRM. Thus,
the comment period for the HM-247 NPRM is extended from May 10, 2011
until June 9, 2011.

    Issued in Washington, DC, on May 5, 2011 under authority
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2011-11494 Filed 5-10-11; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Rules and Regulations]
[Pages 19077-19079]
[FR Doc No: 2012-7608]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-9303; 34-66654; 39-2483; IC-30008]

Adoption of Updated EDGAR Filer Manual

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (the Commission) is
adopting revisions to the Electronic Data Gathering, Analysis, and
Retrieval System (EDGAR) Filer Manual to reflect updates to the EDGAR
system. The revisions are being made primarily to support the upgrade
to the 2012 US GAAP and 2012 Mutual Fund Risk/Return Summary
Taxonomies; to support period field validation updates for the
submission of Form N-PX; to remove the OMB expiration date from Form D,
3, 4, and 5; and to include additional filer support fax numbers on
various EDGAR Filer Management Web site screens. The EDGAR system is
scheduled to be upgraded to support this functionality on March 26,
2012.
    The filer manual is also being revised to support the retirement of
the DOS based Form N-SAR application and the introduction of the new
online Form N-SAR application. The EDGAR system is scheduled to be
upgraded to support this functionality on July 9, 2012.

DATES: Effective Date: March 30, 2012. The incorporation by reference
of the EDGAR Filer Manual is approved by the Director of the Federal
Register as of March 30, 2012.

FOR FURTHER INFORMATION CONTACT: In the Division of Corporation
Finance, for questions Forms D, 3, 4, and 5 contact Heather Mackintosh,
Office of Information Technology, at<PHONE_NUMBER>; in the Division of
Investment Management for questions regarding Form N-PX contact Ruth
Armfield Sanders, Senior Special Counsel, Office of Legal and
Disclosure, at<PHONE_NUMBER>, and for questions concerning the
modernized on-line Form N-SAR application, contact Heather Fernandez or
Gregg Jaffray, Office of Financial Analysis, at<PHONE_NUMBER>; in the
Division of Risk, Strategy, and Financial Innovation for questions
concerning XBRL Taxonomies update contact Walter Hamscher, at (202)
551-5397; in the Division of Trading and Markets for questions
regarding new filer support fax numbers contact Catherine Moore,
Special Counsel, Office of Clearance and Settlement, at<PHONE_NUMBER>;
and in the Office of Information Technology, contact Rick Heroux, at
(202) 551-8800.

SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
Manual, Volume I and Volume II. The Filer Manual describes the
technical formatting requirements for the preparation and submission of
electronic filings through the EDGAR system.\1\ It also describes the
requirements for filing using EDGARLink Online and the Online Forms/XML
Web site.
---------------------------------------------------------------------------

    \1\ We originally adopted the Filer Manual on April 1, 1993,
with an effective date of April 26, 1993. Release No. 33-6986 (April
1, 1993) [58 FR 18638]. We implemented the most recent update to the
Filer Manual on Nov. 29, 2011. See Release No. 33-9281 (Nov. 22,
2011) [76 FR 73506].
---------------------------------------------------------------------------

    The revisions to the Filer Manual reflect changes within Volume I
entitled EDGAR Filer Manual, Volume I: ``General Information,'' Version
12 (March 2012) and Volume II entitled EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 19 (March 2012). The updated manual will be
incorporated by reference into the Code of Federal Regulations.
    The Filer Manual contains all the technical specifications for
filers to submit filings using the EDGAR system. Filers must comply
with the applicable provisions of the Filer Manual in order to assure
the timely acceptance and processing of filings made in electronic

format.\2\ Filers may consult the Filer Manual in conjunction with our
rules governing mandated electronic filing when preparing documents for
electronic submission.\3\
---------------------------------------------------------------------------

    \2\ See Rule 301 of Regulation S-T (17 CFR 232.301).
    \3\ See Release No. 33-9281 (Nov. 22, 2011) [76 FR 73506] in
which we implemented EDGAR Release 11.3. For additional history of
Filer Manual rules, please see the cites therein.
---------------------------------------------------------------------------

    The EDGAR system will be upgraded to Release 12.0 on March 26, 2012
and will introduce the following changes: EDGAR will be updated to
support the US GAAP 2012 Taxonomy and Mutual Fund Risk/Return Summary
2012 Taxonomy. Please see http://sec.gov/info/edgar/edgartaxonomies.shtml for a complete listing of supported standard
taxonomies.
    The Period field validations will be updated for the submission
types N-PX-NT, N-PX-VR, N-PX-CR, and their amendments. Currently, these
submission types only allow June 30 or September 30 of the current or
prior years as valid period date. The Period field on these submission
form types can be any valid date other than a future date.
    The OMB expiration date will no longer be displayed on the Forms 3,
4, 5, and D. These forms will continue to display other OMB Approval
information.
    The Confirmation and Acknowledgement screens on the EDGAR Filer
Management Web site, which currently display the filer support fax
numbers, will be updated to include Division of Investment Management
and Division of Trading and Markets filer support fax numbers along
with existing Division of Corporation Finance fax numbers.
    On July 9, 2012, EDGAR Release 12.1.1 will be deployed to convert
the DOS based Form N-SAR application to an online application. The DOS
based application to create Form N-SAR documents will be retired as of
5:30, July 6, 2012, and EDGAR will no longer accept filings created by
that application. Beginning Monday, July 9, 2012, Form N-SAR may only
be filed using the online version of the form available on the EDGAR
Filing Web site or constructed by filers according to the new EDGAR N-
SAR XML Technical Specification, available on the Commission's public
Web site's ``Information for EDGAR Filers'' Web page (http://www.sec.gov/info/edgar.shtml). Submission form types NSAR-A, NSAR-A/A,
NSAR-AT, NSAR-AT/A, NSAR-B, NSAR-BT, NSAR-BT/A, NSAR-U, and NSAR-U/A
can be accessed by selecting the `File Form N-SAR' link on the EDGAR
Filing Web site. Filers submitting submission type NSAR-U should
continue to prepare the text document with the applicable answers and
attach it to the NSAR-U submission type accessible from the `File Form
N-SAR' link on the EDGAR Filing Web site.
    Instructions to file Form N-SAR will be included in two new
sections of Chapter 9 (Preparing and Transmitting Online Submissions)
of the EDGAR Filer Manual, Volume II: EDGAR Filing, Section 9.2.5 (File
Form N-SAR) and Section 9.2.6 (Completing a Form N-SAR Submission). As
of July 9, 2012, the EDGAR Filer Manual, Volume III: N-SAR Supplement
will be retired.
    Along with the adoption of the Filer Manual, we are amending Rule
301 of Regulation S-T to provide for the incorporation by reference
into the Code of Federal Regulations of today's revisions. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    You may obtain paper copies of the updated Filer Manual at the
following address: Public Reference Room, U.S. Securities and Exchange
Commission, 100 F Street NE., Room 1543, Washington, DC 20549, on
official business days between the hours of 10 a.m. and 3 p.m. We will
post electronic format copies on the Commission's Web site; the address
for the Filer Manual is http://www.sec.gov/info/edgar.shtml.
    Since the Filer Manual relates solely to agency procedures or
practice, publication for notice and comment is not required under the
Administrative Procedure Act (APA).\4\ It follows that the requirements
of the Regulatory Flexibility Act \5\ do not apply.
---------------------------------------------------------------------------

    \4\ 5 U.S.C. 553(b).
    \5\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    The effective date for the updated Filer Manual and the rule
amendments is March 30, 2012. In accordance with the APA,\6\ we find
that there is good cause to establish an effective date less than 30
days after publication of these rules. The EDGAR system upgrade to
Release 12.0 is scheduled to become available on March 26, 2012. The
EDGAR system upgrade to Release 12.1.1 is scheduled to become available
on July 9, 2012. The Commission believes that establishing an effective
date less than 30 days after publication of these rules is necessary to
coordinate the effectiveness of the updated Filer Manual with the
system upgrade.
---------------------------------------------------------------------------

    \6\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

Statutory Basis

    We are adopting the amendments to Regulation S-T under Sections 6,
7, 8, 10, and 19(a) of the Securities Act of 1933,\7\ Sections 3, 12,
13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\8\
Section 319 of the Trust Indenture Act of 1939,\9\ and Sections 8, 30,
31, and 38 of the Investment Company Act of 1940.\10\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
    \8\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
    \9\ 15 U.S.C. 77sss.
    \10\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
---------------------------------------------------------------------------

List of Subjects in 17 CFR Part 232

    Incorporation by reference, Reporting and recordkeeping
requirements, Securities.

Text of the Amendment

    In accordance with the foregoing, Title 17, Chapter II of the Code
of Federal Regulations is amended as follows:

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
1. The authority citation for Part 232 continues to read in part as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.
* * * * *

0
2. Section 232.301 is revised to read as follows:

Sec.  232.301  EDGAR Filer Manual.

    Filers must prepare electronic filings in the manner prescribed by
the EDGAR Filer Manual, promulgated by the Commission, which sets out
the technical formatting requirements for electronic submissions. The
requirements for becoming an EDGAR Filer and updating company data are
set forth in the updated EDGAR Filer Manual, Volume I: ``General
Information,'' Version 12 (March 2012). The requirements for filing on
EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 19 (March 2012). All of these provisions have
been incorporated by reference into the Code of Federal Regulations,
which action was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You must comply with
these requirements in order for documents to be timely received and
accepted. You can obtain paper copies of the EDGAR Filer Manual from
the following address: Public Reference

Room, U.S. Securities and Exchange Commission, 100 F Street NE., Room
1543, Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Electronic copies are available on the
Commission's Web site. The address for the Filer Manual is http://www.sec.gov/info/edgar.shtml. You can also inspect the document at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    By the Commission.

    Dated: March 26, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-7608 Filed 3-29-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49126-49128]
[FR Doc No: 2018-21159]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0041]

FM Approvals LLC: Grant of Expansion of Recognition and
Modification to the Nationally Recognized Testing Laboratory (NRTL)
Program's List of Appropriate Test Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for FM Approvals, LLC (FM), as a NRTL to
include twenty six additional test standards. In addition, OSHA
announces the addition of four test standards to the NRTL Program's
List of Appropriate Test Standards.

DATES: The expansion of the scope of recognition becomes applicable on
September 28, 2018.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, telephone:<PHONE_NUMBER>, email:
[email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; telephone:
(202) 693-2110 or email: [email protected]. OSHA's web page
includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of FM Approvals, LLC, as a NRTL. FM's expansion covers the
addition of 24 test standards to its scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
    The agency processes applications by a NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides a preliminary finding and, in the second
notice, the agency provides the final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational web page
for each NRTL that details its scope of recognition. These pages are
available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    FM submitted an application, dated July 15, 2016, (OSHA-2007-0041-
0008) to expand its recognition to include 28 additional test
standards. OSHA staff performed a detailed analysis of the application
packet and reviewed other pertinent information. In reviewing the
application, OSHA determined that three of the requested standards had
been withdrawn by the controlling standards development organization;
therefore, OSHA cannot add those three standards to FM's NRTL scope of
recognition. Additionally, one of the requested standards, ISA 60079-
26, has been superseded by UL 60079-26, which was also included in FM's
expansion application. Accordingly, OSHA will add the active standard,
not the superseded one, and OSHA will grant recognition to 24 standards
in the final expansion. OSHA did not perform any on-site reviews in
relation to this application.
    OSHA published the preliminary notice announcing FM's expansion
application in the Federal Register on May 15, 2018, (83 FR 22523). The
agency requested comments by May 30, 2018, but it received no comments
in response to this notice. OSHA is now proceeding with this final
notice to grant expansion of FM's scope of recognition.
    To obtain or review copies of all public documents pertaining to
FM's application, go to http://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor, 200 Constitution Avenue NW, Room N-3653,
Washington, DC 20210. Docket No. OSHA-2007-0041 contains all materials
in the record concerning FM's recognition.

II. Final Decision and Order

    OSHA staff examined FM's expansion application, capability to meet
the requirements of the test standards, and other pertinent
information. Based on a review of this evidence, OSHA finds that FM
meets the requirements of 29 CFR 1910.7 for expansion of recognition,
subject to the specified limitation and conditions listed below. OSHA,
therefore, is proceeding with this final notice to grant FM's scope of
recognition. OSHA limits the expansion of FM's recognition to testing
and certification of products for demonstration of conformance to the
test standards listed below in Table 1.

 Table 1--List of Appropriate Test Standards for Inclusion in FM's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
          Test standard                     Test standard title
------------------------------------------------------------------------
UL 50...........................  Enclosures for Electrical Equipment,
                                   Non-Environmental Considerations.
UL 50E..........................  Enclosures for Electrical Equipment,
                                   Environmental Considerations.
UL 60079-0......................  Explosive Atmospheres--Part 0:
                                   Equipment--General Requirements.
ISA 60079-0.....................  Explosive Atmospheres--Part 0:
                                   Equipment--General Requirements.
UL 60079-1......................  Standard for Explosive Atmospheres--
                                   Part 1: Equipment Protection by
                                   Flameproof Enclosures ``d''.
ISA 60079-1.....................  Standard for Explosive Atmospheres--
                                   Part 1: Equipment Protection by
                                   Flameproof Enclosures ``d''.
UL 60079-2......................  Standard for Explosive Atmospheres--
                                   Part 2: Equipment Protection by
                                   Pressurized Enclosure ``p''.
UL 60079-5......................  Standard for Explosive Atmospheres--
                                   Part 5: Equipment Protection by
                                   Powder Filling ``q''.
UL 60079-6......................  Standard for Explosive Atmosphere--
                                   Part 6: Equipment Protection by
                                   Liquid Immersion ``o''.
ISA 60079-6.....................  Standard for Explosive Atmosphere--
                                   Part 6: Equipment Protection by
                                   Liquid Immersion ``o''.
UL 60079-7......................  Standard for Explosive Atmospheres--
                                   Part 7: Equipment Protection by
                                   Increased Safety ``e''.
ISA 60079-7.....................  Standard for Explosive Atmospheres--
                                   Part 7: Equipment Protection by
                                   Increased Safety ``e''.
UL 60079-11.....................  Standard for Explosive Atmospheres--
                                   Part 11: Equipment Protection by
                                   Intrinsic Safety ``i''.
ISA 60079-11....................  Standard for Explosive Atmospheres--
                                   Part 11: Equipment Protection by
                                   Intrinsic Safety ``i''.
UL 60079-15.....................  Standard for Explosive Atmospheres--
                                   Part 15: Equipment Protection by Type
                                   of Protection ``n''.
ISA 60079-15....................  Standard for Explosive Atmospheres--
                                   Part 15: Equipment Protection by Type
                                   of Protection ``n'' (Edition 4).
UL 60079-18.....................  Standard for Explosive Atmospheres--
                                   Part 18: Equipment Protection by
                                   Encapsulation ``m''.
UL 60079-25.....................  Standard for Explosive Atmospheres--
                                   Part 25: Intrinsically Safe
                                   Electrical Systems.
ISA 60079-25 *..................  Standard for Explosive Atmospheres--
                                   Part 25: Intrinsically Safe
                                   Electrical Systems.
UL 60079-26 *...................  Standard for Explosive Atmospheres--
                                   Part 26: Equipment with Equipment
                                   Protection Level (EPL) Ga.
UL 60079-28 *...................  Standard for Explosive Atmospheres--
                                   Part 28: Protection of Equipment and
                                   Transmission Systems Using Optical
                                   Radiation.
ISA 60079-28....................  Standard for Explosive Atmospheres--
                                   Part 28: Protection of Equipment and
                                   Transmission Systems Using Optical
                                   Radiation, Edition 1.1.
UL 60079-31 *...................  Standard for Explosive Atmospheres--
                                   Part 31: Equipment Dust Ignition
                                   Protection by Enclosure ``t''.
ISA 60079-31....................  Standard for Explosive Atmospheres--
                                   Part 31: Equipment Dust Ignition
                                   Protection by Enclosure ``t''.
------------------------------------------------------------------------
* Represents a standard that OSHA proposes to add to the NRTL Program's
  List of Appropriate Test Standards

    In this notice, OSHA also announces the addition of four new test
standards to the NRTL Program's List of Appropriate Test Standards.
Table 2, below, lists the test standards that are new to the NRTL
Program. OSHA has determined that these test standards are appropriate
test standards and will include them in the NRTL Program's List of
Appropriate Test Standards.

  Table 2--Test Standards OSHA Is Adding to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
          Test standard                     Test standard title
------------------------------------------------------------------------
ISA 60079-25....................  Standard for Explosive Atmospheres--
                                   Part 25: Intrinsically Safe
                                   Electrical Systems.
UL 60079-26.....................  Standard for Explosive Atmospheres--
                                   Part 26: Equipment with Equipment
                                   Protection Level (EPL) Ga.
UL 60079-28.....................  Standard for Explosive Atmospheres--
                                   Part 28: Protection of Equipment and
                                   Transmission Systems Using Optical
                                   Radiation.
UL 60079-31.....................  Standard for Explosive Atmospheres--
                                   Part 31: Equipment Dust Ignition
                                   Protection Enclosure ``t''.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, the use of the designation of the standards developing
organization for the standard as opposed to the ANSI designation may
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3,
Appendix C, paragraph XIV), any NRTL recognized for a particular test
standard may use either the proprietary version of the test standard or
the ANSI version of that standard. Contact ANSI to determine whether a
test standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
FM must abide by the following conditions of the recognition:
    1. FM must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as a NRTL, and provide details of the
change(s);
    2. FM must meet all the terms of recognition and comply with all
OSHA policies pertaining to this recognition; and
    3. FM must continue to meet the requirements for recognition,
including all previously published conditions on FM's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of FM, subject to the limitation and conditions
specified above.

Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on September 24, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-21159 Filed 9-27-18; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Rules and Regulations]
[Pages 64234-64235]
[FR Doc No: 2011-26467]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0707; Airspace Docket No. 11-AEA-17]

Establishment of Class E Airspace; Palmyra, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace at Palmyra, PA, to
accommodate new Area Navigation (RNAV) Global Positioning System (GPS)
Standard Instrument Approach Procedures at Reigle Field. This action
enhances the safety and management of Instrument Flight Rules (IFR)
operations at the airport. This action also makes a minor adjustment to
the geographic coordinates of the airport.

DATES: Effective 0901 UTC, December 15, 2011. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On August 10, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace 700 feet
above the surface, at Palmyra, PA (76 FR 49390). Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.
Subsequent to publication, the FAA found that the geographic
coordinates needed to be adjusted; this rule makes that adjustment.
Class E airspace designations are published in paragraph 6005 of FAA
Order 7400.9V dated August 9, 2011, and effective September 15, 2011,
which is incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface to support new standard instrument approach procedures
developed at Reigle Field, Palmyra, PA. This action also adjusts the
geographic coordinates of the airport to be in concert with the FAAs
aeronautical database. This enhances the safety and management of IFR
operations at the airport. Except for the changes noted above, this
action is the same as that proposed in the NPRM.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. 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 United States Code. Subtitle I, 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 establishes Class E airspace at Reigle Field, Palmyra, PA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9V, Airspace Designations and Reporting
Points, dated August 9, 2011, effective September 15, 2011, is amended
as follows:

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

* * * * *

AEA PA E5 Palmyra, PA [New]

Reigle Field, PA
    (Lat. 40[deg]17'12'' N., long. 76[deg]34'37'' W.)

    That airspace extending upward from 700 feet above the surface
within a 9.6-mile radius of Reigle Field.

    Issued in College Park, Georgia, on October 5, 2011.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2011-26467 Filed 10-17-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Notices]
[Pages 26063-26064]
[FR Doc No: 2012-10543]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66866; File No. SR-MSRB-2012-02]

 Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Order Granting Approval of Proposed Rule Change Consisting of
Establishment of Historical Data Subscription From Submissions to the
MSRB Electronic Municipal Market Access System (``EMMA'')

April 26, 2012.

I. Introduction

    On February 27, 2012, the Municipal Securities Rulemaking Board
(``MSRB'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Exchange Act''),\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to establish a subscription
containing historical documents and data obtained from submissions to
the MSRB Electronic Municipal Market Access System (``EMMA''). The
proposed rule change was published for comment in the Federal Register
on March 12, 2012.\3\ The Commission received no comments on the
proposed rule change. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 66522 (March 6,
2012), 77 FR 14574 (the ``Commission's Notice'').
---------------------------------------------------------------------------

II. Background and Description of Proposal

    In June 2009, the MSRB implemented an electronic system for free
public access to primary market disclosure documents and related
information for the municipal securities market through EMMA (the
``Primary Market Disclosure Service'').\4\ In July 2009, the MSRB
implemented a permanent continuing disclosure service to receive
electronic submissions of, and make publicly available access to,
continuing disclosure documents and related information through EMMA
(the ``Continuing Disclosure Service'').\5\ EMMA provides subscription
services, including the Primary Market Disclosure Subscription Service
\6\ and the Continuing Disclosure Subscription Service, that make
documents and related indexing information available on a current basis
to subscribers through a real-time data stream.\7\ The proposed rule
change would clarify that subscribers to the Primary Market Disclosure
Service and Continuing Disclosure Service would be able to access
historical data for the most recent six months on a daily rolling basis
and establish purchase agreements for historical products consisting of
twelve consecutive complete month data sets of the documents and
related indexing information obtained through submissions to the
Primary Market Disclosure Service (the ``Primary Market Disclosure
Historical Product'') received since June 1, 2009 \8\ and submissions
to the Continuing Disclosure Service (the ``Continuing Disclosure
Historical Product'') received since July 1, 2009.\9\

The purpose of the proposed rule change is to provide historical
products for the Primary Market Disclosure and Continuing Disclosure
Subscription Services, which are currently only available on a current
basis through the real-time data stream. A more complete description of
the proposal is contained in the Commission's Notice.
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    \4\ See Securities Exchange Act Release No. 59966 (May 21,
2009).
    \5\ See Securities Exchange Release No. 59061 (December 5,
2008).
    \6\ The Primary Market Disclosure Subscription Service provides
subscribers all primary market disclosure documents, including
official statements, preliminary official statements, advance
refunding documents (``primary market disclosure documents''), and
any amendments thereto, together with related indexing information,
provided by submitters through EMMA, for an annual fee of $20,000.
    \7\ The Continuing Disclosure Subscription Service provides
subscribers all continuing disclosure documents, together with
related indexing information, provided by submitters through EMMA,
for an annual fee of $45,000.
    \8\ The EMMA Primary Market Subscriber Manual provides a
complete, up-to-date listing of all data elements made available
through the EMMA Primary Market Disclosure Subscription Service. The
primary market disclosure documents and data elements provided in
the Primary Market Disclosure Historical Product are the same as
those currently provided in the EMMA Primary Market Disclosure
Subscription Service.
    \9\ The EMMA Continuing Disclosure Subscriber Manual provides a
complete, up-to-date listing of all data elements made available
through the EMMA Continuing Disclosure Subscriber Manual. The
continuing disclosure documents and data elements provided in the
Continuing Disclosure Historical Product are the same as those
currently provided in the EMMA Continuing Disclosure Subscription
Service.
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III. Discussion and Commission Findings

    The Commission has carefully considered the proposed rule change
and finds that the proposed rule change is consistent with the
requirements of the Exchange Act and the rules and regulations
thereunder applicable to the MSRB.\10\ In particular, the proposed rule
change is consistent with Section 15B(b)(2)(C) of the Exchange Act,
which provides that the MSRB's rules shall be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in municipal
securities and municipal financial products, to remove impediments to
and perfect the mechanism of a free and open market in municipal
securities and municipal financial products, and, in general, to
protect investors, municipal entities, obligated persons, and the
public interest.\11\
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    \10\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition and capital formation. 15 U.S.C. 78c(f).
    \11\ 15 U.S.C. 78o-4(b)(2)(C).
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    The proposed rule change is also consistent with Section
15B(b)(3)(B)(ii) of the Exchange Act, which provides that the MSRB
shall not be prohibited from charging commercially reasonable fees for
automated subscription-based feeds or similar services, or for charging
for other data or document-based services customized upon request of
any person, made available to commercial enterprises, municipal
securities market professionals, or the general public, whether
delivered through the Internet or any other means, that contain all or
part of the documents or information, subject to approval of the fees
by the Commission under Section 19(b).\12\
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    \12\ 15 U.S.C. 78o-4(b)(3)(B)(ii).
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    The Commission believes that the proposed rule change is consistent
with the Exchange Act. The proposed rule change would establish a
subscription service that would make information collected by EMMA's
Primary Market Disclosure Service and the Continuing Disclosure Service
available to market participants through an additional avenue. Broad
access to the information collected by EMMA, in addition to the public
access through the EMMA web portal, should further assist in preventing
fraudulent and manipulative acts and practices by improving the
opportunity for public investors to access material information about
primary market disclosure information and continuing disclosure
information. The proposed rule change also provides for commercially
reasonable fees to partially offset costs associated with operating the
Primary Market and Continuing Disclosure Services of EMMA and producing
and disseminating information products to purchasers.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\13\ that the proposed rule change (SR-MSRB-2012-02) be,
and it hereby is, approved.
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    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-10543 Filed 5-1-12; 8:45 am]
BILLING CODE 8011-01-P


                        EPA Staff Consultation with DHS
   Re:  COI and Public Access to Hazardous Waste Manifests Through e-Manifest

 EPA is now developing an information technology system that will allow hazardous waste manifests under the Resource Conservation and Recovery Act (RCRA) to be created and transmitted electronically. This system is known as e-Manifest.
 EPA is developing the e-Manifest system under the authority of the 2012 Hazardous Waste Electronic Manifest Establishment Act (hereafter, e-Manifest Act). The e-Manifest Act requires EPA to establish a national electronic manifest system, and requires further that the system ultimately be funded by user fees to be paid by the members of the RCRA regulated community that must use manifests to track their hazardous waste shipments.
 The regulated community will submit manifests via the e-Manifest system. State agencies and the public will then have access to e-Manifest data.
 The e-Manifest Act also required EPA to issue implementing regulations for e-Manifest.
 EPA issued a regulation in February 2014 that provides the legal and policy framework for using electronic manifests. We are now developing an additional regulation  -  the User Fee Rule  -  to determine the user fees that EPA will assess to offset the Agency's costs in developing and operating e-Manifest.
 EPA issued the proposed User Fee Rule on July 26, 2016. Among the public comments we received on the proposal were comments from DOD and a hazardous waste management firm objecting to our plans to allow the public to access data from the e-Manifest system. These commenters raised the concern that unfettered public access to manifest data might allow terrorists to discern information on sites that possess chemicals of interest within 6 CFR Part 27, Appendix A and perhaps pose a homeland security risk.
 The hazardous waste manifest is a shipping document that must accompany off-site shipments of hazardous wastes from generators to permitted management facilities. The manifest records information on the types and quantities of hazardous wastes included in a specific shipment, and information identifying the generator, the transporter, and the permitted facility that will receive and manage the hazardous waste.
 Shipment information is already routinely consolidated and reported to EPA every two years ("biennial report") and made publicly available via EPA's website. Also, about 20 states currently collect paper manifests, and several of these states disclose their manifest data to the public.
 In the e-Manifest system, EPA would not allow public access to manifest data until 90 days after the completion of hazardous waste shipments.
 However, the proposed rule commenters suggested that terrorists might still be able to discern patterns in waste shipments involving COI, and give rise to a security risk.
 The chemical waste information collected on manifests consists primarily of the shipping description (proper shipping name, packing group, hazard class) required by DOT's Hazardous Materials regulations (49 CFR part 172), along with a RCRA waste code from EPA's hazardous waste regulations, plus the container type and quantity shipped. The manifest also collects the signatures of the handlers taking custody of waste shipments, so as to show the chain of custody of hazardous wastes from "cradle-to-grave."
 In the DHS final regulation prescribing the Appendix A to 6 CFR part 27, DHS adopted a general exclusion that would not require chemical facilities to count most RCRA solid and hazardous wastes toward the Screening Threshold Quantity or STQ for the chemicals and security issues addressed in Appendix A. The exception is the so-called discarded commercial chemical products ("P-List" or "U-List" wastes) listed in 40 CFR §261.33. DHS concluded that these discarded commercial chemical wastes could be just as attractive to terrorists as the chemical products themselves. See 72 FR 65397-98 (Nov. 20, 2007).
 EPA is now trying to determine how to address the COI issue raised by commenters on the proposed e-Manifest User Fee Rule. We need to decide if there is a genuine risk that a member of the public with access to e-Manifest could obtain data raising a homeland security risk, and if so, how we determine which manifests might raise such concerns.
 EPA would like to consult with DHS on these questions.
 We would be interested in hearing DHS's views or concerns as we work through this issue with our regulatory workgroup.
 Our staff contacts on the Fee Rule are Rich LaShier,<PHONE_NUMBER><EMAIL_ADDRESS>and Bryan Groce,<PHONE_NUMBER><EMAIL_ADDRESS> Please let Rich or Bryan know of your availability for a discussion, preferably during the next two weeks.