[Federal Register: June 15, 2006 (Volume 71, Number 115)]
[Notices]
[Page 34658-34660]
[DOCID:fr15jn06-71]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53955; File No. SR-NASD-2006-065]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change and Amendment No. 1 Thereto Relating to the Establishment
of an Annual Branch Office System Processing Fee and the Waiver of the
Annual Branch Office System Processing Fee and the Annual Branch Office
Registration Fee for One Branch Officer per Member per Year

June 7, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 23, 2006, the National Association of Securities Dealers, Inc.
(``NASD'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items, I,
II and III below, which Items have been prepared by NASD. On May 31,
2006, NASD filed Amendment No. 1 to the proposed rule change.\3\ NASD
has designated this proposal as establishing or changing a due, fee, or
other charge imposed by NASD pursuant to Section 19(b)(3)(A)(ii) of the

Act,\4\ and Rule 19b-4(f)(2) thereunder,\5\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change, as
amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, NASD made technical changes to the rule
filing, including correcting certain underlining in the rule text.
    \4\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASD proposes to amend Section 4 of Schedule A to the NASD By-Laws
to: (1) Establish an annual branch office system processing fee and (2)
waive the annual branch office system processing fee for one branch
office per member per year and, as specified in the proposed rule
change, as amended, the annual branch office registration fee for one
branch office per member per year. NASD intends to implement the
proposed rule change, as amended, on July 3, 2006. The text of the
proposed rule change, as amended, is available on NASD's Web site
(http://www.nasd.com), at NASD's Office of the Secretary, and at the

Commission's Public Reference Room.

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

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

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

1. Purpose
    On September 30, 2005, the SEC approved NASD's proposed Uniform
Branch Office Registration Form (``Form BR''), which became effective
on October 31, 2005. The Form BR replaces Schedule E of the Form BD,
the New York Stock Exchange LLC (``NYSE'') Branch Office Application
Form, and certain state branch office forms. The Form BR enables firms
to register branch offices electronically with NASD, NYSE, and states
that require branch registration or reporting via a single filing
through the Central Registration Depository (``CRD[supreg]'' or ``CRD
system''). Branch office registration through the CRD system creates
efficiencies for firms by, among other things, making it easier for
firms to register or report branch offices and to manage their ongoing
registration and/or reporting responsibilities with regard to those
branch offices. In addition to being able to submit a single filing to
fulfill the branch office registration requirements of NASD, NYSE, and
states, firms benefit from the centralized fee collection, online work
queues, electronic notifications and other features available through
the CRD system. Firms are also able to link their registered persons to
the physical location from which they work via the Form BR, which not
only aids regulators' examination efforts, but helps firms in meeting
certain recordkeeping requirements.
    The purpose of the branch office system processing fee is to
recover the cost to NASD of developing and implementing the Form BR, as
well as ongoing branch office system maintenance and enhancements. NASD
staff will monitor this fee to determine whether adjustments are
appropriate and will file rule changes to modify this fee, as
appropriate. The fee is $20 upon the registration of a branch office
and $20 annually thereafter per registered branch.
    NASD proposes to begin assessing the branch office system
processing fee during the third quarter of 2006 for all branch offices
in existence as of July 3, 2006. NASD proposes to bill firms for all
branch offices in existence as of July 3, 2006 via invoices, rather
than through the CRD system. For any branch office that is registered
on or after July 3, 2006, NASD proposes to assess and collect the
branch office system processing fee through the CRD system at such time
as the firm registers that new branch office.\6\ Starting in December
2006, all firms will assessed $20 annually for each existing branch
office as part of the CRD renewal program.\7\
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    \6\ The CRD system will be available on July 3, 2006, for
purposes of registering branch offices, but will not be available on
July 4, 2006. Firms will again be able to register branch offices
through the CRD system on July 5, 2006.
    \7\ This proposed rule change, as amended, addresses the
assessment and collection of branch office system processing fees
and the waiver of both the annual branch office registration fee and
the annual branch office system processing fee for one branch office
per member per year only with respect to NASD member firms. The
manner of assessment and collection of branch office system
processing fees from firms that are solely members of other self-
regulatory organizations (``SROs'') that require their members to
register branch offices via the Form BR (currently, only NYSE) will
be addressed by such SROs.
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    In addition, NASD proposes to waive the annual branch office
registration fee (for those NASD members who have been assessed such
fee pursuant to Section 4(a)(1)(i) of Schedule A to the NASD By-Laws)
and the annual branch office system processing fee (for all NASD
members) for one branch office per NASD member per year. The fee waiver
is prospective only, and will take effect for the year 2006 on July 3,
2006, the implementation date for this proposed rule change, as
amended.\8\
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    \8\ Firms that have already paid their annual $75.00 branch
office fees for the year 2006 will receive a $75.00 credit for one
branch office.
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    NASD has filed the proposed rule change, as amended, for immediate
effectiveness. The implementation date shall be July 3, 2006.
2. Statutory Basis
    NASD believes that the proposed rule change, as amended, is
consistent with the provisions of Section 15A(b)(5) of the Act,\9\
which requires, among other things, that NASD rules provide for the
equitable allocation of reasonable dues, fees, and other charges among
members and issuers and other persons using any facility or system that
NASD operates or controls. NASD believes that the proposed rule change,
as amended, is designed to accomplish these ends by equitably assessing
the costs of establishing and maintaining the CRD branch office
registration system.
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    \9\ 15 U.S.C. 78o-3(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASD does not believe that the proposed rule change, as amended,
will result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received on the
proposed rule change, as amended.

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

    The proposed rule change, as amended, has become effective pursuant
to Section 19(b)(3)(A)(ii) \10\ of the Act and paragraph (f)(2) of Rule
19b-4 thereunder,\11\ in that it establishes or changes a due, fee, or
other charge applicable to NASD members. NASD

intends to implement the proposed rule change, as amended, on July 3,
2006.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, as amended, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\12\
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    \12\ The effective date of the original proposed rule change is
May 23, 2006, and the effective date of Amendment No. 1 is May 31,
2006. For purposes of calculating the 60-day period within which the
Commission may summarily abrogate the proposed rule change, as
amended, under Section 19(b)(3)(C) of the Act, the Commission
considers the period to commence on May 31, 2006, the date on which
NASD submitted Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2006-065 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASD-2006-065. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of NASD. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-NASD-2006-065 and should be submitted on or before July 6, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 06-5419 Filed 6-14-06; 8:45 am]

BILLING CODE 8010-01-M


From: 	Peter Westlin/RTP/USEPA/US

To: 	Rochelle Boyd/RTP/USEPA/US@EPA

Date: 	08/09/2010 02:24 PM

Subject: 	Re: Fw: Information Collection Request for the Secondary Aluminum Production Source Category

Based on the FR notice (  HYPERLINK "http://www.epa.gov/fedrgstr/EPA-WATER/2007/March/Day-12/w1073.pdf"  http://www.epa.gov/fedrgstr/EPA-WATER/2007/March/Day-12/w1073.pdf ) issued by the Office of Ground water and Drinking Water, I determine that Method 3500 Cr-C or D would be acceptable alternatives to Method 218.6.

Peter Westlin

Measurement Policy Group

OAQPS, SPPD

919-541-1058

---- Forwarded by Rochelle Boyd/RTP/USEPA/US on 08/02/2010 03:40 PM -----

From<EMAIL_ADDRESS> To: 	Rochelle Boyd/RTP/USEPA/US@EPA

Date: 	08/02/2010 02:26 PM

Subject: 	Re: Fw: Information Collection Request for the Secondary Aluminum Production Source Category

Rochelle,

My lab informed me that they use method 6010C for non-Hg metals because they do not put "dirty samples" such as baghouse dust into their 6020 MS.

They also use 3500CR-D instead of 218.6 for Cr+6.

Are these methods acceptable?

Also, what does "IDL" mean?

Please advise,

Jeffrey S. Hummel, MS, CHMM

Sr. Environmental Engineer

(812) 279-7271

(812) 279-7367 (Fax)

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> General Motors LLC

105 GM Drive, Bedford, IN 47421


[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Notices]
[Pages 22991-22992]
[FR Doc No: 2015-09507]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0066; FRL-9925-54-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Ferroalloys Production:
Ferromanganese and Silicomanganese (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Ferroalloys
Production: Ferromanganese and Silicomanganese (40 CFR part 63, subpart
XXX)(Renewal)'' (EPA ICR No. 1831.06, OMB Control No. 2060-0391) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
This is a proposed extension of the ICR, which is currently approved
through April, 30, 2015. Public comments were previously requested via
the Federal Register (79 FR 30117) on May 27, 2014 during a 60-day
comment period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. 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.

DATES: Additional comments may be submitted on or before May 26, 2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0066, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The NESHAP applies to ferroalloy production facilities
that manufacture ferromanganese and silicomanganese that are major
sources of hazardous air pollutants (HAPs) or are co-located at major
sources of HAPs. In general, all NESHAP standards require initial
notifications, performance tests, and periodic reports. Respondents
that are not required to conduct an initial performance test are
required to notify the EPA

Administrator of the initial compliance status of the source. Sources
are also required to monitor and maintain records of its operations
including: (1) Process or control device parameters; (2) bag leak
detention systems; (3) maintenance plan for air pollution control
devices (e.g., capture system and venturi scrubbers); (4) certification
that monitoring devices are accurate; and (5) the implementation and
corrective actions taken related to the startup, shutdown and
malfunction plan and the fugitive dust control plan. The types of
periodic reports required by this regulation include: Opacity-related
reports; performance test results reports; immediate and periodic
startup, shutdown, and malfunction reports; quarterly emissions
reports; capture hood inspection reports; fugitive dust operations
reports; and annual compliance status reports. These notifications,
reports, and records are essential in determining compliance, and are
required of all sources subject to NESHAP standards. This information
is collected to assure compliance with 40 CFR part 63, subpart XXX.
    Form Numbers: None.
    Respondents/affected entities: Ferroalloy production facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart XXX).
    Estimated number of respondents: 1 (total).
    Frequency of response: Initially, quarterly, semiannually, and
annually.
    Total estimated burden: 600 hours (per year). Burden is defined at
5 CFR 1320.3(b).
    Total estimated cost: $57,000 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is a slight increase of 16 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This is due to the rounding of estimates.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-09507 Filed 4-23-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 18, 2006 (Volume 71, Number 180)]
[Notices]
[Page 54640]
[DOCID:fr18se06-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP06-442-000, CP06-443-000, and CP06-444-000]

UGI LNG, Inc.; Notice of Filing

September 8, 2006.
    Take notice that on August 31, 2006, UGI LNG, Inc. (UGI LNG) filed
an abbreviated application for a certificate of public convenience and
necessity and blanket certificates, pursuant to section 7(c) of the
Natural Gas Act (NGA) and part 157 of the Commission's Rules and
Regulations, authorizing UGI LNG to acquire and operate an existing
liquefied natural gas (LNG) peak-shaving facility located near the town
of Temple in Ontelaunee Township, Berks County, Pennsylvania (the
Temple Facility), certain appurtenant pipeline facilities
interconnecting with the interstate facilities of Texas Eastern
Transmission L.P. (Texas Eastern), and associated authority. The
application is on file with the Commission and open for public
inspection. This filing is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for
TTY, contact<PHONE_NUMBER>.
    The Temple Facility is currently operated by UGI Energy Services,
Inc. (UGIES) for the provision of full requirements LNG delivery
services to UGI Utilities, Inc. (UGIU). The Temple Facility is
connected only to intrastate pipeline facilities owned by UGIU and
operated subject to the oversight authority of the Pennsylvania Public
Utility Commission. The requested certification will enable UGI LNG to
offer firm and interruptible LNG liquefaction, storage, and
vaporization services in interstate commerce. The Temple Facilities
consists of a 250,000 Mcf storage tank, a vaporization system designed
to deliver up to 50,000 Dth/d, a liquefier designed to deliver 4,000
Dth/d, and an approximately 5,000 feet of 8 inch pipeline connecting
the Temple Facilities to Texas Eastern's system. UGI LNG proposes
market-based rates for the LNG liquefaction storage, and vaporization
services which will commenced on January 1, 2007.
    Any questions regarding the application are to be directed to Frank
H. Markle, Counsel, UGI Corporation, Box 858, Valley Forge, PA 19482.
    Any person wishing to obtain legal status by becoming a party to
the proceedings for this project should, on or before the below listed
comment date, file with the Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426, a motion to intervene in
accordance with the requirements of the Commission's Rules of Practice
and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the
NGA (18 CFR 157.10). A person obtaining party status will be placed on
the service list maintained by the Secretary of the Commission and will
receive copies of all documents filed by the applicant and by all other
parties. A party must submit 14 copies of filings made with the
Commission and must mail a copy to the applicant and to every other
party in the proceeding. Only parties to the proceeding can ask for
court review of Commission orders in the proceeding.
    Motions to intervene, protests and comments may be filed
electronically via the Internet in lieu of paper, see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: September 29, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-15379 Filed 9-15-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: May 21, 2008 (Volume 73, Number 99)]
[Notices]
[Page 29526-29527]
[DOCID:fr21my08-74]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2007-0180]

Collection of Information Under Review by Office of Management
and Budget: OMB Control Numbers: 1625-0001, 1625-0013, and 1625-0096

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
request for comments announces that the U.S. Coast Guard is forwarding
three Information Collection Requests (ICRs), abstracted below, to the
Office of Information and Regulatory Affairs (OIRA) of the Office of
Management and Budget (OMB) requesting an extension of their approval
for the following collections of information: (1) 1625-0001, Marine
Casualty Information & Periodic Chemical Drug and Alcohol Testing of
Commercial Vessel Personnel; (2) 1625-0013, Plan Approval and Records
for Load Lines, and (3) 1625-0096, Report of Oil or Hazardous Substance
Discharge; and Report of Suspicious Maritime Activity. Our ICRs
describe the information we seek to collect from the public. Review and
comments by OIRA ensure we only impose paperwork burdens commensurate
with our performance of duties.

DATES: Please submit comments on or before June 20, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2007-0180] to the Docket Management Facility (DMF) at the
U.S. Department of Transportation (DOT) or to OIRA. To avoid
duplication, please submit your comments by only one of the following
means:
    (1) Electronic submission. (a) To Coast Guard docket at http://
www.regulation.gov. (b) To OIRA by e-mail to<EMAIL_ADDRESS>    (2) Mail or hand delivery. (a) DMF (M-30), DOT, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590-0001. Hand deliver between the hours of 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. The telephone number is 202-
366-9329. (b) To OIRA, 725 17th Street, NW., Washington, DC 20503, to
the attention of the Desk Officer for the Coast Guard.
    (3) Fax. (a) To DMF,<PHONE_NUMBER>. (b) To OIRA at<PHONE_NUMBER>. To
ensure your comments are received in time, mark the fax to the
attention of Mr. Nathan Lesser, Desk Officer for the Coast Guard.
    The DMF maintains the public docket for this notice. Comments and
material received from the public, as well as documents mentioned in
this notice as being available in the docket, will become part of this
docket and will be available for inspection or copying at room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find this docket on the Internet
at http://www.regulations.gov.
    Copies of the complete ICRs are available through this docket on
the Internet at http://www.regulations.gov. Additionally, copies are
available from Commandant (CG-611), U.S. Coast Guard Headquarters,
(Attn: Mr. Arthur Requina), 2100 2nd Street, SW., Washington, DC 20593-
0001. The telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of
Information Management, telephone<PHONE_NUMBER> or fax<PHONE_NUMBER>, for
questions on these documents. Contact Ms. Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION: The Coast Guard invites comments on whether
this information collection request should be granted based on it being
necessary for the proper performance of Departmental functions. In
particular, the Coast Guard would appreciate comments addressing: (1)
The practical utility of the collections; (2) the accuracy of the
estimated burden of the collections; (3) ways to enhance the quality,
utility, and clarity of information subject to the collections; and (4)
ways to minimize the burden of collections on respondents, including
the use of automated collection techniques or other forms of
information technology.
    Comments to Coast Guard or OIRA must contain the OMB Control Number
of the ICR addressed. Comments to Coast Guard must contain the docket
number of this request, [USCG 2007-0180]. For your comments to OIRA to
be considered, it is best if they are received on or before June 20,
2008.
    Public participation and request for comments: We encourage you to
respond to this request by submitting comments and related materials.
We will post all comments received, without change, to http://
www.regulations.gov. They will include any personal information you
provide. We have an agreement with DOT to use their DMF. Please see the
paragraph on DOT's ``Privacy Act Policy'' below.
    Submitting comments: If you submit a comment, please include the
docket number [USCG-2007-0180], indicate the specific section of the
document to which each comment applies, providing a reason for each
comment. We recommend you include your name, mailing address, an e-mail
address, or other contact information in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit comments and material by electronic means, mail, fax, or
delivery to the DMF at the address under ADDRESSES; but please submit
them by only one means. If you submit them by mail or delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change the
documents supporting this collection of information or even the
underlying requirements in view of them. The Coast Guard and OIRA will
consider all comments and material received during the comment period.
    Viewing comments and documents: Go to http://www.regulations.gov to

view documents mentioned in this notice as being available in the
docket. Enter the docket number [USCG-2007-0180] in the Search box,
E464 and click, ``Go>>.'' You may also visit the DMF in room W12-140 on
the West Building Ground Floor, 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    Privacy Act: Anyone can search the electronic form of all comments
received in dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the Privacy
Act Statement of DOT in the Federal Register published on April 11,
2000 (65 FR 19477), or by visiting http://DocketsInfo.dot.gov.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard has published the 60-day notice (73 FR 201, January 2,
2008) required by 44 U.S.C. 3506(c)(2). That notice elicited no
comments.

Information Collection Request

    1. Title: Marine Casualty Information & Periodic Chemical Drug and
Alcohol Testing of Commercial Vessel Personnel.
    OMB Control Number: 1625-0001.
    Type of Request: Extension of currently approved collection.
    Affected Public: Vessel owners and operators.
    Abstract: 46 U.S.C. 6101, as delegated by the Secretary of the
Department of Homeland Security to the Commandant, authorizes the Coast
Guard to prescribe regulations for the reporting of marine casualties
involving death, serious injury, material loss of property, material
damage affecting the seaworthiness of a vessel, or significant harm to
the environment. It also requires information on the use of alcohol be
included in a marine casualty report. 46 U.S.C. 7503 authorizes the
Coast Guard to deny the issuance of licenses, certificates of registry,
and merchant mariners' documents (seamen's papers) to users of
dangerous drugs. Similarly, 46 U.S.C. 7704 requires the Coast Guard to
revoke such papers when a holder of the same has been shown to be a
drug user, unless the holder provides satisfactory proof stating the
holder is cured.
    Burden Estimate: The estimated burden has decreased from 18,876
hours to 15,753 hours a year.

    2. Title: Plan Approval and Records for Load Lines.
    OMB Control Number: 1625-0013.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Owners and operators of vessels.
    Abstract: 46 U.S.C. 5101 to 5116 provides the Coast Guard with the
authority to enforce provisions of the International Load Line
Convention, 1966. Subchapter E of 46 CFR chapter I, contains the
relevant load line regulations.
    Burden Estimate: The estimated burden has increased from 1,681
hours to 1,699 hours a year.
    3. Title: Report of Oil or Hazardous Substance Discharge; and
Report of Suspicious Maritime Activity.
    OMB Control Number: 1625-0096.
    Type of Request: Extension of currently approved collection.
    Affected Public: Persons-in-charge of a vessel or onshore/offshore
facility, owners or operators of vessels, or facilities required to
have security plans; and the public.
    Abstract: 33 CFR 153.203, 40 CFR 263.30/264.56, and 49 CFR 171.15
mandate the National Response Center (NRC) to be the central place for
the public to report all pollution spills. 33 of CFR 101.305 mandates
owners/operators of vessels or facilities to have security plans and
report activities or breaches that may result in a Transportation
Security Incident (TSI) to the NRC. Voluntary reports are also
accepted.
    Burden Estimate: The estimated burden has increased from 9,105
hours to 13,017 hours a year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: May 2, 2008.
D.T. Glenn,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command,
Control, Communications, Computers and Information Technology.
 [FR Doc. E8-11361 Filed 5-20-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 26995-26996]
[FR Doc No: 2018-12464]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: EC18-97-000.
    Applicants: NextEra Energy Transmission Southwest, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of NextEra Energy Transmission Southwest, LLC.
    Filed Date: 6/5/18.
    Accession Number: 20180605-5094.
    Comments Due: 5 p.m. ET 6/26/18.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG18-95-000.
    Applicants: Langdon Renewables, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Langdon Renewables, LLC.
    Filed Date: 6/5/18.
    Accession Number: 20180605-5083.
    Comments Due: 5 p.m. ET 6/26/18.

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

    Docket Numbers: ER18-1173-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2018-06-05_Deficiency response for
Locational Filing to be effective 5/30/2018.
    Filed Date: 6/5/18.
    Accession Number: 20180605-5129.
    Comments Due: 5 p.m. ET 6/26/18.

    Docket Numbers: ER18-1743-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: NYISO 205 filing of tariff
revisions to Alternate LCR to be effective 8/5/2018.
    Filed Date: 6/5/18.

    Accession Number: 20180605-5041.
    Comments Due: 5 p.m. ET 6/26/18.

    Docket Numbers: ER18-1744-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: Tri-State Trans Ownership,
O&M to be effective 8/5/2018.
    Filed Date: 6/5/18.
    Accession Number: 20180605-5067.
    Comments Due: 5 p.m. ET 6/26/18.

    Docket Numbers: ER18-1745-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Second Revised ISA SA No.
4063; Queue No. Y2-078/AB2-014/AD1-059 to be effective 5/7/2018.
    Filed Date: 6/5/18.
    Accession Number: 20180605-5097.
    Comments Due: 5 p.m. ET 6/26/18.

    Docket Numbers: ER18-1746-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Second Revised ISA SA No.
3903; Queue No. AC1-021 to be effective 5/7/2018.
    Filed Date: 6/5/18.
    Accession Number: 20180605-5121.
    Comments Due: 5 p.m. ET 6/26/18.

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

    Docket Numbers: RR18-7-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition for Approval of Amendments to the Bylaws of
the North American Electric Reliability Corporation.
    Filed Date: 6/4/18.
    Accession Number: 20180604-5136.
    Comments Due: 5 p.m. ET 6/25/18.

    Docket Numbers: RR18-8-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition of the North American Electric Reliability
Corporation for Approval of Amendments to the Midwest Reliability
Organization Bylaws.
    Filed Date: 6/4/18.
    Accession Number: 20180604-5137.
    Comments Due: 5 p.m. ET 6/25/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 5, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-12464 Filed 6-8-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48318-48322]
[FR Doc No: 2013-18885]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0356; FRL--9842-6]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Victoria County, 1997 8-Hour Ozone Section 110 (a)(1)
Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action approving revisions to the
Texas State Implementation Plan (SIP). The submitted revisions include
a maintenance plan for Victoria County, Texas, developed to ensure
continued attainment of the 1997 8-hour National Ambient Air Quality
Standard (NAAQS or standard). The Maintenance Plan meets the
requirements of Section 110(a)(1) of the Federal Clean Air Act (CAA or
Act), EPA's rules, and is consistent with EPA's guidance. On March 12,
2008, EPA issued a revised ozone standard. Today's action is being
taken to address requirements under the 1997 ozone standard. EPA is
approving the revision pursuant to section 110 of the CAA.

DATES: This rule is effective on October 7, 2013 without further
notice, unless EPA receives relevant adverse comment by September 9,
2013. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0356, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     EPA Region 6 Contact Us Web site: http://epa.gov/region6/r6coment.htm. Please click on ''6PD'' (Multimedia) and select ''Air''
before submitting comments.
     Email: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8:00 a.m. and 4:00 p.m. weekdays
except for legal holidays. Special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-0356. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Planning Section
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Kenneth W. Boyce, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax number
214-665-7263; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.

Outline

I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On March 3, 1978, under the 1977 Clean Air Act (CAA) amendments,
Victoria County, Texas, was designated a nonattainment area because it
did not meet the National Ambient Air Quality Standards (NAAQS) for 1-
hour ozone (43 FR 8962). As required by the CAA, the state of Texas
submitted a State Implementation Plan (SIP) to the EPA in 1979. This
SIP outlined control measures to bring the area into attainment for the
1-hour ozone NAAQS. This SIP was approved by EPA in two actions, one in
March 25, 1980 (45 FR 19231) and another in August 13, 1984 (49 FR
32180). An additional SIP revision for Victoria County was submitted to
EPA on November 12, 1992. This submission revised the air monitoring,
reporting and record keeping requirements for VOC sources and was
approved by EPA on March 7, 1995 (60 FR 12438).
    On July 27, 1994, Texas submitted a request to redesignate Victoria
County to attainment for the 1-hour ozone NAAQS. At the same time,
Texas submitted the required ozone monitoring data and a maintenance
plan to ensure the area would remain in attainment for ozone for a
period of 10 years. The maintenance plan submitted by Texas followed
EPA guidance for limited maintenance areas, which provides relief for
ozone areas that have design values less than 85% of the applicable
standard. In this case, the applicable standard was the 1-hour ozone
standard of 0.12 parts per million (ppm). At the time of the
redesignation request, the design value for Victoria County was 0.100
ppm, well below the 85% threshold of 0.106 ppm. EPA approved Texas's
request to redesignate to attainment Victoria County for the 1-hour
ozone NAAQS and the maintenance plan on March 7, 1995, with an
effective date of May 8, 1995 (60 FR 12453).
    Section 175A(b) of the CAA as amended in 1990 requires the state to
submit a subsequent maintenance plan to EPA eight years after
designation to attainment. The eight-year deadline for submittal was
May 8, 2003. The state adopted a maintenance plan on February 5, 2003,
and submitted the plan to EPA on February 18, 2003. EPA approved the
maintenance plan revision on January 3, 2005 (70 FR 22). This
submission satisfied the CAA requirement for the Victoria County 1-hour
ozone area.
    On April 30, 2004, EPA designated and classified areas for the 1997
8-hour ozone NAAQS, and published the final phase 1 rule for
implementation of the 1997 8-hour ozone NAAQS (69 FR 23951). Victoria
County was designated as attainment/unclassifiable for the 1997 8-hour
ozone standard, effective June 15, 2004 (69 FR 23858), and was required
to submit a 10-year maintenance plan under section 110(a)(1) of the
1990 CAA Amendments and the phase 1 rule. On May 20, 2005, EPA issued
guidance providing information regarding how a state might fulfill the
maintenance plan obligation established by the Act and the Phase 1 rule
(Memorandum from Lydia N. Wegman to Air Division Directors, Maintenance
Plan Guidance Document for Certain 8-hour Ozone Areas Under Section
110(a)(1) of Clean Air Act, May 20, 2005).
    On March 7, 2007, TCEQ submitted a SIP revision to address the
110(a)(1) requirements. On July 28, 2010, Texas submitted a revision to
the contingency portion of the Maintenance Plan. These submitted SIP
revisions are intended to satisfy the section 110(a)(1) CAA
requirements for Victoria County 1997 8-hour ozone area. This SIP
revision satisfies the section 110(a)(1) CAA requirements for a plan
that provides for implementation, maintenance, and enforcement of the
1997 8-hour ozone NAAQS in the Victoria County, Texas, area.
    On December 22, 2006, the United States Court of Appeals for the
District of Columbia Circuit issued an opinion that vacated EPA's Phase
1 Implementation Rule for the 1997 8-Hour Ozone Standard. (South Coast
Air Quality Management District. v. EPA, 472 F.3d 882 (D.C. Cir.
2006)). Petitions for rehearing were filed with the Court, and on June
8, 2007, the Court modified the scope of the vacatur of the Phase 1
rule. See 489 F.3d 1245 (D.C. Cir. 2007), cert. denied, 128 S.Ct. 1065
(2008). The Court vacated those portions of the Rule that provide for
regulation of the 1997 8-hour ozone NAAQS nonattainment areas under
Subpart 1 in lieu of Subpart 2 and that allow backsliding with respect
to new source review, penalties, milestones, contingency plans, and
motor vehicle emission budgets. Consequently, the Court's modified
ruling does not alter any requirements under the Phase 1 implementation
rule for the 1997 8-hour ozone NAAQS for maintenance plans.

II. Analysis of the State's Submittals

    In this action, EPA is approving the State's maintenance plan for
the 1997 ozone NAAQS for the area of Victoria County, Texas because EPA
finds that the Texas submittals meet the requirements of section
110(a)(1) of the CAA, EPA's rule, and are consistent with EPA's
guidance. As required, the submitted plan provides for continued
attainment and maintenance of the 1997 ozone NAAQS in the area for 10
years from the effective date of the area's designation as
unclassifiable/attainment for the 1997 ozone NAAQS, and includes
components illustrating how the area will continue in attainment of the
1997 ozone NAAQS and contingency measures. Our analysis of the State's
submission is discussed below.
    Section 110(a)(1) of the CAA does not explicitly state what is
required for a maintenance plan, so the guidance suggested using CAA
section 175A, which states the requirements for a maintenance plan, as
a guide for states to use in developing their maintenance plans. The
required components of a Maintenance Plan under CAA Section 175A
include:
    (a) An attainment inventory;
    (b) A maintenance demonstration;
    (c) Ambient air quality monitoring;
    (d) A contingency plan, and;
    (e) Verification of continued attainment.
    TCEQ has structured this 8-hour ozone maintenance plan around these
components.
    (a) Attainment Inventory--The TCEQ has selected 2002 as ``the
attainment inventory'' for purposes of demonstrating maintenance of the
8-hour ozone NAAQS in Victoria County. An attainment emissions
inventory (EI) includes emissions of VOCs and NOX during the
time period associated with monitoring data showing attainment. VOC and
NOX emissions are key components in the formation of ozone.
As recommended by the EPA, the TCEQ selected 2002 as the attainment
emission inventory base year because it is one of the three years on
which the 8-hour ozone designation was based. The 2002 VOC and
NOX emissions for the Victoria County area were developed
consistent with EPA guidance and are summarized in Tables 2 and 3 in
the following subsection.
    (b) Maintenance Demonstration--The March 7, 2007, submittal
includes a 10-year maintenance plan for Victoria County. The
maintenance demonstration is satisfied if the state demonstrates that
future projected EIs are consistently less than the 2002 attainment or
baseline EI. The final projection year, 2014, was selected as 10 years
from the attainment year of 2004, and the intermediate year of 2010 was
selected as a mid-point in the 10-year period to demonstrate continued
reductions. These projected inventories were developed using EPA-
approved methodologies. Please see the TSD for

more information on EPA's review and evaluation of the State's
methodologies, modeling, inputs, etc., for developing the 2010 and 2014
projected emissions inventories.
    As recommended by EPA guidance, this demonstration:
    (i) Shows compliance and maintenance of the 8-hour ozone standard
by assuring that current and future emissions of VOC and NOX
remain at or below attainment or baseline EI of 2002. The year 2002 was
chosen as the baseline and attainment year because it is one of the
most recent three years (i.e., 2002, 2003, and 2004) for which Victoria
County has clean air quality data for the 8-hour ozone standard.
    (ii) Uses 2002 as the attainment year and includes future inventory
projected years for 2010 and 2014.
    (iii) Identifies an ``out year'', at least 10 years after the
effective date of classification as attainment.
    (iv) Provides the following actual and projected emissions
inventories for Victoria County.

                                   Table 2--Total VOC Emissions for 2002-2014
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                                     2002 VOC        2004 VOC        2010 VOC        2014 VOC
                 Source category                     Emissions       Emissions       Emissions       Emissions
----------------------------------------------------------------------------------------------------------------
Nonroad Mobile..................................            1.21            1.00            0.64            0.57
Area............................................            6.28            6.31            6.85            7.23
Point...........................................            2.60            3.10            3.30            3.60
Onroad Mobile...................................            3.29            2.71            1.78            1.40
                                                 ---------------------------------------------------------------
    Total.......................................           13.38           13.12           12.57           12.8
----------------------------------------------------------------------------------------------------------------

                                   Table 3--Total NOX Emissions for 2002-2014
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                                     2002 NOX        2004 NOX        2010 NOX        2014 NOX
                 Source category                     Emissions       Emissions       Emissions       Emissions
----------------------------------------------------------------------------------------------------------------
Nonroad Mobile..................................            2.23            2.02            1.77            1.51
Area............................................            2.56            2.65            2.90            3.07
Point...........................................           13.00           15.00           16.00           17.00
Onroad Mobile...................................           11.26            9.72            4.86            2.90
                                                 ---------------------------------------------------------------
    Total.......................................           29.05           29.39           25.53           24.48
----------------------------------------------------------------------------------------------------------------

    EPA finds that the future emissions levels in 2010 and 2014 are not
expected to exceed the emissions levels in 2002. EPA notes that total
NOX emissions in 2004 were slightly higher than the base-
year but, air quality monitoring data continued to show attainment.
    (c) Monitoring Network--The method chosen to verify continued
attainment is the ambient air quality monitoring network. The ambient
air monitoring sites will remain active at their present locations
during the entire length of the maintenance plan period (2014) or if
relocated or removed, will be done with EPA's concurrence. This data
will be quality controlled and submitted to EPA AIRS on a monthly
basis. The Victoria County monitoring network consists of two ambient
air monitors. The first monitor is located in the City of Victoria
(CAMS 87) and is the monitor driving the area's design value. The
monitors are managed in accordance with 40 CFR Part 58, to verify the
attainment status of the county. The second monitor located southeast
of the City of Victoria (CAMS 602) became operational on July 19, 2000.
CAMS 602 is only run half a year each year and does not meet EPA
requirements for data completeness for showing attainment. This
additional monitoring network goes beyond the required minimum for
Victoria County. Both monitors will be used to detect if and when
levels have been exceeded for contingency measure triggering purposes.
The State of Texas has committed in its maintenance plan to continue
operation of an appropriate ozone monitoring network and to work with
EPA in compliance with 40 CFR part 58 with regard to the continued
adequacy of the network, if additional monitoring is needed, and when
monitoring can be discontinued. The commitment is also to continue
quality assurance according to the EPA regulations.
    (d) Contingency Plan--The 8-Hour Ozone phase 1 Rule requires the
Section 110(a)(1) maintenance plan include such contingency provisions
as necessary to promptly address any violation of the NAAQS that
occurs. The contingency plan will ensure that the contingency measures
are adopted expeditiously once they are triggered. The maintenance plan
should identify the events that would trigger the adoption and
implementation of a contingency measure(s), the contingency measure(s)
that would be adopted and implemented, and the schedule indicating the
time frame by which the state would adopt and implement the measure(s).
    The Victoria contingency plan ensures that the contingency measures
are adopted expeditiously if they are triggered. A series of early
triggers have been established in order to effectuate appropriate and
timely responses to indications of a possible future violation of the
NAAQS. Thus, actions will be taken as follows to avoid a violation and
potential redesignation to nonattainment.
    If Victoria County monitors a three-year eight-hour ozone average
at or above 82 parts per billion (ppb), the City of Victoria will
institute a voluntary program with industry to reschedule, revise, or
curtail activities during Ozone Advisory Days, which are EPA's AIRNow
Air Quality Index ``Orange Days,'' and are at or above 76 ppb. This
program will be developed and available within 30 days after
notification by the TCEQ that the contingency measure will be required.
This program will be implemented as expeditiously as practicable, but
no later

than 24 months after the Texas Commission on Environmental Quality's
(TCEQ) notification that the contingency measure is needed.
    If Victoria County monitors an eight-hour ozone three-year average
at or above 83 ppb, the TCEQ will work with the City of Victoria and
the local Air Victoria Team to implement various voluntary control
measures that may include:

--substantially increasing the number of businesses notified on Ozone
Advisory Days;
--increasing the number of ozone public announcements; and
--other voluntary control measures as identified in a letter from the
City of Victoria, dated September 8, 2009.

    In the event that this contingency measure is triggered, Victoria
County may also be expected to voluntarily implement further local
control measures, and previous efforts to reduce ozone may need to be
retained. This program will be developed and available within 30 days
after notification by the TCEQ that the contingency measure will be
required. This program will be implemented as expeditiously as
practicable, but no later than 24 months after verified monitoring data
indicate that the Victoria County three-year average of each annual
fourth-highest daily maximum eight-hour ozone average is at or above 83
ppb.
    If air quality monitoring data indicate three or more exceedances
of the 1997 eight-hour ozone NAAQS (measured at 0.08 parts per million)
within one calendar year, the TCEQ will analyze air quality data,
meteorological conditions, transport, and related factors in Victoria
County to determine the cause of the exceedances. The TCEQ will notify
the EPA of its findings.
    If air quality monitoring data indicate that Victoria County's
design value violates the 1997 eight-hour ozone NAAQS with a monitored
value of 85 ppb or above, the TCEQ is committing to implement specific
contingency measures to promptly correct the violation. Those to be
considered include but are not limited to the control measures
identified below. In this maintenance plan, if contingency measures are
triggered, TCEQ is committing to implement the appropriate contingency
measures as expeditiously as practicable, but no later than 24 months
after verified air quality monitoring data indicate that the Victoria
County three-year average of each annual fourth-highest daily maximum
eight-hour ozone average violates the 1997 eight-hour ozone NAAQS.
    Revision to 30 Texas Administrative Code (TAC) Chapter 117
Subchapter E, Division 4, to control rich-burn, gas-fired,
reciprocating internal combustion engines located in Victoria County to
meet nitrogen oxides (NOX) emission specifications and other
requirements to reduce NOX emissions and ozone air
pollution.
    Inclusion of Victoria County in 30 TAC Chapter 115 volatile organic
compounds (VOC) rules for the control of crude and condensate storage
tanks at upstream oil and gas exploration and production sites or
midstream pipeline breakout stations with uncontrolled flash emissions
greater than 25 tons per year.
    Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for
more stringent controls for tank fittings on floating roof tanks, such
as slotted guide poles and other openings in internal and external
floating roofs.
    Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules
limiting emissions from landings of floating roofs in floating roof
tanks.
    Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for
control of VOC emissions from degassing operations for storage tanks
with a nominal capacity of 75,000 gallons or more storing materials
with a true vapor pressure greater than 2.6 pounds per square inch
absolute (psia), or with a nominal capacity of 250,000 gallons or more
storing materials with a true vapor pressure of 0.5 psia or greater.
Degassing vapors from storage vessels, transport vessels, and marine
vessels would be required to vent to a control device until the VOC
concentration of the vapors is reduced to less than 34,000 parts per
million by volume as methane.
    Inclusion of Victoria County in 30 TAC Chapter 114 rule for Texas
Low Emission Diesel (TxLED) compliant marine diesel.
    The maintenance plan also identifies other potential measures
deemed appropriate at the time as a result of advances in control
technologies. These contingency measures and schedules for
implementation satisfy EPA's long-standing guidance on the requirements
of section 110(a)(1) of continued attainment. Based on the above, we
find that the contingency measures provided in the State's Victoria
County 8-hour Ozone maintenance plan are sufficient and meet the
requirements of section 110(a)(1) of the CAA.
    (e) Verification of Continued Attainment--To guarantee that
attainment will be continued in the future, the State commits in the
maintenance plan to track the progress of the maintenance plan by
providing the EPA with an interim emissions inventory report for point,
area, mobile and biogenic emissions of VOCs and CO in the Victoria
area. In addition, Texas commits to verify the 8-hour ozone status
through appropriate ambient air quality monitoring, and to quality
assure air quality monitoring data according to federal requirements.
Texas further demonstrates that it has the legal authority to implement
and enforce all air quality measures needed to attain and maintain the
1997 8-hour ozone NAAQS.

III. Final Action

    The TCEQ submitted the 1997 8-hour ozone NAAQS maintenance plan for
Victoria County to EPA on March 7, 2007 with revisions on July 28,
2010. EPA is approving these maintenance plan SIP revisions for
Victoria County as meeting the requirements of CAA Section 110(a)(1)
and EPA's regulations and being consistent with EPA guidance. We have
evaluated the State's submittal and have determined that it meets the
applicable requirements of the Clean Air Act and EPA regulations, and
is consistent with EPA policy. Therefore, we are approving the request
of TCEQ to revise the SIP for the Victoria County 8-hour ozone area.
    EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on October 7, 2013
without further notice unless we receive adverse comment by September
9, 2013. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 7, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 19, 2013.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart SS--Texas

0
2. In Sec.  52.2270, the second table in paragraph (e) entitled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Texas SIP,'' is amended by adding an entry at the end of the table to
read as follows:

Sec.  52.2270.  Identification of plan.

* * * * *
    (e) * * *
* * * * *

              EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                             State
                                        Applicable        submittal/
      Name of SIP provision           geographic or        effective     EPA approval date         Comments
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Victoria County 1997 8-Hour Ozone  Victoria, TX.......       7/28/2010  8/8/2013 [Insert FR
 Maintenance Plan.                                                       page number where
                                                                         document begins].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-18885 Filed 8-7-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Notices]
[Page 26370]
[FR Doc No: 2023-08980]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97361; File No. SR-NYSEAMER-2023-14]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change To Adopt New Section 811 of NYSE American Company Guide To
Establish Listing Standards Related to Recovery of Erroneously Awarded
Incentive-Based Executive Compensation

April 24, 2023.
    On February 22, 2023, NYSE American LLC (``NYSE American'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt new Section 811 of the NYSE American
Company Guide to require issuers to develop and implement a policy
providing for the recovery of erroneously awarded incentive-based
compensation received by current or former executive officers. The
proposed rule change was published for comment in the Federal Register
on March 13, 2023.\3\ The Commission has received no comments on the
proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 97054 (March 7,
2023), 88 FR 15466.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is April 27, 2023. The Commission is extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposed rule change. Accordingly, the
Commission, pursuant to section 19(b)(2) of the Act,\5\ designates June
11, 2023, as the date by which the Commission shall either approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-NYSEAMER-2023-14).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-08980 Filed 4-27-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Notices]
[Page 55848]
[FR Doc No: 2020-20000]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL20-70-000]

Tucson Electric Power Company; Notice of Petition for Declaratory
Order

    Take notice that on September 2, 2020, pursuant to Rule 207(a)(2)
of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207 (2019), Tucson Electric Power
Company (Petitioner) hereby submits a petition for declaratory order
(Petition) requesting that the Commission issue a declaratory order
granting incentive rate treatment for its purchase of development
rights and subsequent development of a 64-mile transmission project to
create a new circuit between Tucson Electric's Vail and Tortolita
substations, as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern time on October 2, 2020.

    Dated: September 3, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-20000 Filed 9-9-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 17, 2009 (Volume 74, Number 157)]
[Notices]
[Page 41464-41466]
[DOCID:fr17au09-116]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-28845; File No. 812-13680]

GE Asset Management Incorporated and GE Investment Distributors,
Inc.; Notice of Application and Temporary Order

August 11, 2009.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Temporary order and notice of application for a permanent order
under section 9(c) of the Investment Company Act of 1940 (``Act'').

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

    Summary of Application: Applicants have received a temporary order
exempting them from section 9(a) of the Act, with respect to an
injunction entered against General Electric Company (``GE'') on August
11, 2009 by the United States District Court for the District of
Connecticut (``Injunction''), until the Commission takes final action
on an application for a permanent order. Applicants also have applied
for a permanent order.
    Applicants: GE Asset Management Incorporated (``GEAM'') and GE
Investment Distributors, Inc. (``GEID'', collectively with GEAM, the
``Applicants'').\1\
---------------------------------------------------------------------------

    \1\ Applicants request that any relief granted pursuant to the
application also apply to any other company of which GE is or may
become an affiliated person (together with the Applicants, the
``Covered Persons'').
---------------------------------------------------------------------------

    Filing Date: The application was filed on August 4, 2009, and
amended on August 11, 2009.
    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 September 8, 2009, and should be accompanied by proof of
service on Applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be

notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants: 3001 Summer Street,
Stamford, CT 06904-7900.

FOR FURTHER INFORMATION CONTACT: Courtney S. Thornton, at (202) 551-
6812, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>, (Division of
Investment Management, Office of Investment Company Regulation).

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

Applicants' Representations

    1. GE is a large diversified technology, media, and financial
services company. GEAM, a Delaware corporation, is a direct, wholly-
owned subsidiary of GE. GEAM is registered as an investment adviser
under the Investment Advisers Act of 1940 and serves as investment
adviser to a number of registered investment companies (``Funds''),
including employees' securities companies (``ESCs'').\2\ GEID is,
through GEAM, an indirect, wholly-owned subsidiary of GE. GEID is
registered as a broker-dealer under the Securities Exchange Act of 1934
and is a member of the Financial Industry Regulatory Authority, Inc.
GEID serves as principal underwriter to a number of Funds.
---------------------------------------------------------------------------

    \2\ The ESCs, as defined in section 2(a)(13) of the Act, are
open-end management investment companies registered under the Act
and provide investment opportunities for certain employees,
officers, and directors of GEAM and its affiliates, and other
eligible participants.
---------------------------------------------------------------------------

    2. On August 11, 2009, the United States District Court for the
District of Connecticut entered a final judgment, which included the
Injunction, against GE (``Judgment'') in a matter brought by the
Commission.\3\ The Commission alleged in the complaint (``Complaint'')
that, in 2002 and 2003, high level GE accounting executives or other
finance personnel approved accounting that was not in compliance with
generally accepted accounting principles so as to increase earnings or
revenues or to avoid reporting negative financial results. Without
admitting or denying the allegations in the Complaint, except as to
jurisdiction, GE consented to the entry of the Judgment that included,
among other things, the entry of the Injunction, and a civil penalty of
$50 million.
---------------------------------------------------------------------------

    \3\ Securities and Exchange Commission v. General Electric
Company, Final Judgment as to General Electric Company, 3:09 CV 1235
(RNC) (D. Conn. Aug. 11, 2009).
---------------------------------------------------------------------------

Applicants' Legal Analysis

    1. Section 9(a)(2) of the Act, in relevant part, prohibits a person
who has been enjoined from, among other things, engaging in or
continuing any conduct or practice in connection with the purchase or
sale of a security, or in connection with activities as an underwriter,
broker or dealer, from acting, among other things, as an investment
adviser or depositor of any registered investment company or a
principal underwriter for any registered open-end investment company,
registered unit investment trust or registered face-amount certificate
company. Section 9(a)(3) of the Act makes the prohibition in section
9(a)(2) applicable to a company, any affiliated person of which has
been disqualified under the provisions of section 9(a)(2). Section
2(a)(3) of the Act defines ``affiliated person'' to include, among
others, any person directly or indirectly controlling, controlled by,
or under common control with, the other person. Applicants state that
GE is an affiliated person of each of the Applicants within the meaning
of section 2(a)(3) of the Act. Applicants state that the entry of the
Injunction results in Applicants being subject to the disqualification
provisions of section 9(a) of the Act.
    2. Section 9(c) of the Act provides that the Commission shall grant
an application for exemption from the disqualification provisions of
section 9(a) if it is established that these provisions, as applied to
the applicants, are unduly or disproportionately severe or that the
applicants' conduct has been such as not to make it against the public
interest or the protection of investors to grant the exemption.
Applicants have filed an application pursuant to section 9(c) seeking a
temporary and permanent order exempting them and other Covered Persons
from the disqualification provisions of section 9(a) of the Act.
    3. Applicants believe they meet the standard for exemption
specified in section 9(c). Applicants state that the prohibitions of
section 9(a) as applied to them would be unduly and disproportionately
severe and that the conduct of the Applicants has been such as not to
make it against the public interest or the protection of investors to
grant the exemption from section 9(a).
    4. Applicants state that the alleged conduct giving rise to the
Injunction did not involve either of the Applicants acting in the
capacity of investment adviser, subadviser or depositor for any Fund or
as principal underwriter for any Fund, and no such Funds bought or held
any securities issued by GE during the period of misconduct alleged in
the Complaint, other than with respect to index funds. Applicants also
state that none of the current or former directors, officers, or
employees of the Applicants had any responsibility for, or involvement
in, the violative conduct alleged in the Complaint. Applicants further
state that the personnel at GE who had any responsibility for, or
involvement in, the violations alleged in the Complaint have had no,
and will not have any future, involvement in providing investment
advisory, subadvisory, or underwriting services to the Funds.
    5. Applicants state that their inability to continue to provide
investment advisory, subadvisory and underwriting services to the Funds
would result in potential hardship for the Funds and their
shareholders. Applicants state that they will, as soon as reasonably
practical, distribute written materials, including an offer to meet in
person to discuss the materials, to the boards of directors of the
Funds (``Boards'') for which the Applicants serve as investment
adviser, investment subadviser or principal underwriter, including the
directors who are not ``interested persons,'' as defined in section
2(a)(19) of the Act, of such Funds, and their independent legal counsel
as defined in rule 0-1(a)(6) under the Act, relating to the
circumstances that led to the Injunction, any impact on the Funds, and
the application. Applicants state they will provide the Boards with all
information concerning the Judgment and the application that is
necessary for the Funds to fulfill their disclosure and other
obligations under the Federal securities laws.
    6. Applicants also state that, if they were barred from providing
services to the Funds, the effect on their businesses and employees
would be severe. Applicants state that they have committed substantial
resources to establishing expertise in providing advisory and
distribution services to Funds. Applicants further state that
prohibiting them from providing such services would not only adversely
affect their businesses, but would also adversely affect about 500
employees who are involved in those activities.
    7. A predecessor of one of the Applicants previously received an
exemption under section 9(c) as the result of conduct that triggered
section

9(a), as described in greater detail in the application.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Any temporary exemption granted pursuant to the application shall
be without prejudice to, and shall not limit the Commission's rights in
any manner with respect to, any Commission investigation of, or
administrative proceedings involving or against, Covered Persons,
including, without limitation, the consideration by the Commission of a
permanent exemption from section 9(a) of the Act requested pursuant to
the application or the revocation or removal of any temporary
exemptions granted under the Act in connection with the application.

Temporary Order

    The Commission has considered the matter and finds that Applicants
have made the necessary showing to justify granting a temporary
exemption.
    Accordingly,
    It is hereby ordered, pursuant to section 9(c) of the Act, that
GEAM and GEID and any other Covered Persons are granted a temporary
exemption from the provisions of section 9(a), solely with respect to
the Injunction, subject to the condition in the application, from
August 11, 2009, until the Commission takes final action on their
application for a permanent order.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-19625 Filed 8-14-09; 8:45 am]

BILLING CODE 8010-01-P