[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Proposed Rules]
[Pages 87382-87384]
[FR Doc No: 2023-27593]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2204; Airspace Docket No. 23-AEA-20]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Wallops Island, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D airspace, Class E
surface airspace, and Class E airspace extending upward from 700 feet
above the surface for the Wallops Flight Facility, Wallops Island, VA.
This action would eliminate the Snow Hill VORTAC from this airport's
airspace descriptions and update the geographic coordinates and
description headers.

DATES: Comments must be received on or before February 1, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2204 and
Airspace Docket No. 23-AEA-20 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except for Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov anytime. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except for Federal holidays.
    FAA Order JO 7400.11H Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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 would amend Class D and Class E airspace for Wallops Island, VA.
An airspace evaluation determined that this update is necessary to
support IFR operations in the area.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the proposal's overall regulatory,
aeronautical, economic, environmental, and energy-related aspects. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should submit only once if comments are filed
electronically, or commenters should send only one copy of written
comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives and a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
the FAA will consider all comments it receives on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible without incurring expense
or delay. The FAA may change this proposal in light of the comments it
receives.
    Privacy: Per 5 U.S.C. 553(c), the DOT solicits comments from the
public to inform its rulemaking process better. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can be accessed through the FAA's web page at www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the office of the Eastern Service Center,
Federal Aviation Administration, Room 210, 1701 Columbia Ave., College
Park, GA 30337.

Incorporation by Reference

    Class D and Class E airspace designations are published in
Paragraphs 5000, 6002, and 6005 of FAA Order JO 7400.11, Airspace
Designations and Reporting Points, which is incorporated by reference
in 14 CFR 71.1 annually. This document proposes to amend the current
version of that order, FAA Order JO 7400.11H, Airspace Designations and
Reporting Points, dated August 11, 2023, and effective September 15,
2023. These updates would be published subsequently in the next update
to FAA Order JO 7400.11. FAA Order JO 7400.11H is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11H
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class D
airspace and Class E surface airspace by removing Snow Hill VORTAC from
the description as it is unnecessary in describing the airspace, as
well as updating the airport's geographic coordinates to coincide with
the FAA's database. This action would also replace Notice to Airmen
with Notice to Air Missions and Airport/Facility Directory with Chart
Supplement in the airspace descriptions. In addition, the Class E
airspace extending upward from 700 feet above the surface would be
updated by replacing the city name under the header with Wallops Island
(formerly Chincoteague) and removing the city name from the next line
of the description, identifying the airport. Also, the geographic
coordinates of this airspace would be updated to coincide with the
FAA's database.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 proposed 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.

Environmental Review

    This proposal will be subject to an environmental analysis per FAA
Order 1050.1F, ``Environmental Impacts: Policies and Procedures,''
before any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; 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(f), 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 FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA VA D Wallops Island, VA [Amended]

Wallops Flight Facility, VA
    (Lat. 37[deg]56'25'' N, long. 75[deg]27'59'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.4-mile radius of Wallops Flight Facility
and 1.8 miles on each side of the 001[deg] bearing of the airport,
extending from the 4.4-mile radius to 4.7 miles north of the
airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Air Missions.
The effective date and time will thereafter be published
continuously in the Chart Supplement.
* * * * *

Paragraph 6002 Class E Surface Airspace.

* * * * *

AEA VA E2 Wallops Island, VA [Amended]

Wallops Flight Facility, VA
    (Lat. 37[deg]56'25'' N, long. 75[deg]27'59'' W)

    That airspace extending upward from the surface within a 4.4-
mile radius of Wallops Flight Facility and 1.8 miles on each side of
the 001[deg] bearing of the airport, extending from the 4.4-mile
radius to 4.7 miles north of the airport. This Class E airspace area
is effective during the specific dates and times established in
advance by a Notice to Air Missions. The effective date and time
will thereafter be published continuously in the Chart Supplement.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AEA VA E5 Wallops Island, VA [Amended]

Wallops Flight Facility, VA
    (Lat. 37[deg]56'25'' N, long. 75[deg]27'59'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.1-mile radius of the Wallops Flight Facility.
* * * * *

    Issued in College Park, Georgia, on December 12, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-27593 Filed 12-15-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83399-83400]
[FR Doc No: 2023-26242]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER24-454-000]

Mountain Top Energy LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Mountain Top Energy LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 12, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    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.
    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://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. 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 protected] or call
toll-free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: November 22, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-26242 Filed 11-28-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 1, 2008 (Volume 73, Number 22)]
[Notices]
[Page 6224-6225]
[DOCID:fr01fe08-122]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 203-3, Form ADV-H; SEC File No. 270-481; OMB Control No. 3235-
0538.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget a
request for extension of the previously approved collection of
information discussed below.
    The title for the collection of information is ``Rule 203-3 and
Form ADV-H under the Investment Advisers Act of 1940.'' Rule 203-3 (17
CFR 275.203-3) under the Investment Advisers Act of 1940 (15 U.S.C.
80b) establishes procedures for an investment adviser to obtain a
hardship exemption from the electronic filing requirements of the
Investment Advisers Act. Rule 203-3 requires every person requesting a
hardship exemption to file Form ADV-H (17 CFR 279.3) with the
Commission. The purpose of this collection of information is to permit
advisers to obtain a hardship exemption, on a continuing or temporary
basis, to not complete an electronic filing. The temporary hardship
exemption permits advisers to make late filings due to unforeseen
computer or software problems, while the continuing hardship exemption
permits advisers to submit all required electronic filings on hard copy
for data entry by the operator of the IARD.
    The respondents to the collection of information are all investment
advisers that are registered with the Commission. The Commission has
estimated that compliance with the requirement to complete Form ADV-H
imposes a total burden of approximately 1 hour for an adviser. Based on
our experience with hardship filings, we estimate that we will receive
11 Form ADV-H filings annually. Based on the 60 minute per respondent
estimate, the Commission estimates a total annual burden of 11 hours
for this collection of information.
    Rule 203-3 and Form ADV-H do not require recordkeeping or records
retention. The collection of information requirements under the rule
and form are mandatory. The information collected pursuant to the rule
and Form ADV-H consists of filings with the Commission. These filings
are not kept confidential. 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 control number.
    Please direct general comments regarding the above information to
the following persons: (i) Desk Officer for the Securities and Exchange
Commission, Office of Management and Budget, Room 10102, New Executive
Office Building, Washington, DC 20503 or e-mail to:
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief Information

Officer, Securities and Exchange Commission, C/O Shirley

Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-
mail to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: January 28, 2008.
Nancy M. Morris,
Secretary.
 [FR Doc. E8-1844 Filed 1-31-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76443-76445]
[FR Doc No: 2014-29861]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0189]

Agency Information Collection Activities; Revision of an Approved
Information Collection: Hours of Service (HOS) of Drivers Regulations

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA),
FMCSA announces its plan to submit the Information Collection Request
(ICR) described below to the Office of Management and Budget (OMB) for
its review and approval, and invites public comment. FMCSA requests
approval to revise and extend ICR 2126-0001 entitled, ``Hours of
Service (HOS) of Drivers Regulations.'' This notice supersedes the
Agency's notice of September 12, 2014 (79 FR 54776) that asked for
comments on this ICR. This notice (1) amends the Agency's estimate of
the population of commercial motor vehicle (CMV) drivers subject to the
recordkeeping requirements of the HOS rules, (2) addresses a public
comment received, and (3) invites public comment.

DATES: Please send your comments by January 21, 2015. OMB must receive
your comments by this date in order to act on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System Docket Number FMCSA-2014-0189. Interested persons are invited to
submit written comments on the proposed information collection to the
Office of Information and Regulatory Affairs, Office of Management and
Budget. Comments should be addressed to the attention of the Desk
Officer, Department of Transportation/Federal Motor Carrier Safety
Administration, and sent via electronic mail to
<EMAIL_ADDRESS>faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget,

Docket Library, Room 10102, 725 17th Street NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Robert F. Schultz, Driver and Carrier
Operations Division, Federal Motor Carrier Safety Administration, U.S.
Department of Transportation, West Building 6th Floor, 1200 New Jersey
Avenue SE., Washington, DC 20590. Telephone:<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Title: Hours of Service (HOS) of Drivers Regulations.
    OMB Control Number: 2126-0001.
    Type of Request: Revision of an information collection.
    Respondents: Motor Carriers of Property and Passengers, Drivers of
CMVs.
    Estimated Number of Respondents: 3.66 million (3.29 million CMV
drivers + 0.37 million motor carriers).
    Estimated Time per Response: Paper log: CMV driver--11.5 minutes,
Motor Carrier--4 minutes. Electronic log: CMV driver--1 minute, Motor
Carrier--3 minutes.
    Expiration Date: December 31, 2014.
    Frequency of Response: Drivers: 240 days per year; Motor Carriers:
240 days per year.
    Estimated Total Annual Burden: 137.90 million hours.

Background

    The HOS rules require most CMV drivers to maintain on the CMV a
record of duty status (RODS), or daily log, current to the last change
in duty status. The RODS is critical to FMCSA's safety mission because
it helps roadside enforcement officials determine if CMV drivers are
complying with the HOS rules limiting driver on-duty and driving time,
and requiring periodic off-duty time. The information helps FMCSA
protect the public by reducing the number of tired CMV drivers on the
highways.
    Statutory authority for regulating the HOS of drivers operating
CMVs in interstate commerce is derived from 49 U.S.C. 31136 and 31502.
The penalty provisions are located at 49 U.S.C. 521, 522 and 526, as
amended. The driver's RODS was first prescribed by the Interstate
Commerce Commission (ICC) in Ex Parte MC-2, by order dated July 15,
1938, and later modified by order issued February 8, 1939, effective
January 1, 1940. Effective July 1, 1952, the daily log was completely
revised as Bureau of Motor Carrier (BMC) Form BMC 54, prescribed by the
ICC. And on November 28, 1982, the Federal Highway Administration, the
agency responsible for administration of the Federal Motor Carrier
Safety Regulations (49 CFR 350 et seq.) (FMCSRs) at that time,
published a final rule amending the safety rules to reduce the burden
for drivers and motor carriers by revising the requirements for
recording a driver's duty status, reducing the record retention period
for both motor carriers and drivers, and relaxing the 100 air-mile
radius RODS exception. Section 395.8 concerning RODS has been amended a
number of times since 1982 but the basic requirements for documenting
hours of service has not changed significantly since then. Motor
carriers must ensure that their drivers record their duty status in a
specified format and verify the accuracy of the HOS of each driver. The
rule is codified at 49 CFR 395.8. The FMCSRs also state that drivers
may not drive a CMV while their ability or alertness is so impaired, or
likely to be so impaired, by fatigue or illness or other condition,
that it is unsafe for them to drive (49 CFR 392.3). Motor carriers are
also barred from permitting or requiring a CMV driver to operate their
vehicle under these conditions. The FMCSA regulates the amount of time
a CMV driver may drive or otherwise be on duty, in order to ensure that
adequate time is available to the driver for rest. A driver must
accurately record his or her duty status (driving, on duty not driving,
off duty, sleeper berth) at all points during the 24-hour period
designated by the motor carrier (49 CFR 395.8(a)(1)). The RODS must be
recorded on a specified grid (section 395.8(g)). The term ``logbook''
is often used in the industry to denote the collection of the most
recent RODS of the driver. A driver must have the RODS for the previous
7 consecutive days in the CMV at all times (section 395.8(k)(2)). The
RODS must be submitted to the motor carrier along with any supporting
documents, such as fuel receipts and toll tickets that could assist in
verifying the accuracy of entries on the RODS. The HOS rules do not
require motor carriers to submit this information to FMCSA. However,
motor carriers must retain these records for a minimum of 6 months from
the date of receipt and make them available to enforcement officials
upon request (section 395.8(k)(1)). The HOS rules provide three methods
of recording driver duty status:
    (1) Paper RODS: This grid form requires the driver to graph time
and location on a paper record over a 24-hour period (section
395.8(g)). It must be present on the CMV in the absence of a regulatory
exception.
    (2) Time Record: ``Short haul'' CMV drivers do not have to maintain
a RODS onboard the vehicle if their motor carrier maintains a time
record showing for each duty day when the driver reported for duty,
when he or she was released from duty, and the total hours on duty
(section 395.1(e)). Such drivers also do not have to maintain
supporting documents, such as fuel and toll receipts, on board the
vehicle.
    (3) Automatic On-Board Recording Device (AOBRD): An electronic
record is permitted if it is created and maintained by an AOBRD as
defined by section 395.2. The record must include all the information
specified in section 395.15.
    As a condition of receiving certain Federal grants, States agree to
adopt and enforce the FMCSRs, including the HOS rules, as State law. As
a result, State enforcement inspectors use the RODS and supporting
documents to determine whether CMV drivers are complying with the HOS
rules. In addition, FMCSA uses the RODS during on-site compliance
reviews (CRs) and targeted reviews of motor carriers, and Federal and
State courts rely upon the RODS as evidence of driver and motor carrier
violations of the HOS regulations. This information collection supports
the DOT's Strategic Goal of Safety because the information helps the
Agency ensure the safe operation of CMVs on our Nation's highways.
    On March 28, 2014, the Agency published a supplemental notice of
proposed rulemaking (SNPRM) proposing rules that would require motor
carriers currently using RODS to use electronic logging devices (ELDs)
to record their HOS information, and sought public comment (79 FR
17656). The SNPRM also included a proposal concerning HOS supporting
documents used to verify the accuracy of the RODS. The ELD rulemaking
does not affect this ICR because ELDs will not be mandatory until
sometime after the 3-year timeframe of this PRA estimate.
    The currently-approved IC burden estimate of the HOS rules,
approved by OMB on December 11, 2011, is 184.38 million hours. The
Agency's estimate accounted for the HOS IC burden of both interstate
and intrastate CMV drivers. Approval of the IC expires on December 31,
2014.

Renewal of This IC

    The Agency is asking OMB to approve its revised estimate of the IC
burden of the HOS rules. On June 24, 2014, FMCSA published a Federal
Register notice announcing that the Agency was submitting to OMB a
revised estimate of the IC burden of the HOS rules of 106.89 million
hours, and asked for public comment on it (79 FR 35843). The revised
estimate excluded the HOS IC

burden of intrastate CMV drivers because the Agency believed that the
HOS burden imposed on these drivers was not subject to reporting under
the PRA. The Agency estimated that 2.84 million drivers were subject to
the IC requirements of the HOS rules.
    The agency received one comment in response to the notice. The
National Ready Mixed Concrete Association (NRMCA) asked the Agency to
amend the ``short-haul'' exception of section 395.1(e)(1) so that more
CMV drivers could operate under its terms. As explained above, short-
haul drivers are not required to maintain a RODS or supporting
documents on board the CMV. NRCMA pointed out that expanding the number
of drivers qualifying as ``short-haul'' drivers would reduce the
overall paperwork burden of this ICR. The Agency will take the NRMCA
suggestion under advisement. By law, formal rulemaking is required to
amend Federal regulations, including publication of the proposed
amendment in the Federal Register and an opportunity for public
comment.
    On September 12, 2014, FMCSA published the second notice of this
ICR as required by law, and asked the public to submit comments to OMB
on its IC burden estimate of 106.89 million hours (79 FR 54776).
Subsequently, the OMB directed FMCSA to account for the IC burden
imposed on intrastate drivers and their motor carriers by State HOS
laws. It concluded that this burden was subject to reporting under the
PRA because FMCSA requires its State grantees to adopt compatible HOS
rules as a condition of receiving funding under the Agency's Motor
Carrier Safety Assistance Program. Today, FMCSA publishes this 30-day
notice to revise its burden estimate for this IC and provide for public
comment on it. The Agency today includes approximately .82 million
intrastate drivers and revises its estimate of the total population of
interstate and intrastate CMV drivers subject to the recordkeeping
requirements of the HOS rules--3.66 million. Accordingly, the Agency
revises its estimate of the IC burden of the HOS rules--137.89 million
hours. These estimates supersede those set forth in the September 12
notice.
    The Agency's request for OMB approval of its amended estimate of
the IC burden of the HOS rules is not the result of amendment of those
rules. Aside from the 2014 adjustments related to the HOS burden of
intrastate CMV drivers, the Agency's estimate is the result of two
program adjustments. The first program adjustment is revised estimates
of the number of drivers operating CMVs in interstate and intrastate
commerce and of the number of CMV drivers subject to the HOS rules. The
approved 2011 ICR estimated that 7.0 million CMV drivers operated in
interstate and intrastate commerce and that 4.6 million of those
drivers were subject to the recordkeeping requirements of the HOS
rules. Today the Agency estimates that 5.7 million CMV drivers operate
in interstate and intrastate commerce and that 3.66 million of these
drivers are subject to the recordkeeping requirements of the HOS rules
(2.04 million CMV drivers qualify as ``short haul'' drivers and do not
incur any HOS recordkeeping burden). The second program adjustment is
an Agency estimate of the use of AOBRDs in the industry to record,
transfer and store HOS information electronically. AOBRDs automate
several IC tasks required of CMV drivers and motor carriers by the HOS
rules. The currently-approved 2011 burden estimate did not account for
AOBRD usage. FMCSA data today indicates that an average of 0.37 million
CMV drivers will be employing electronic technology for HOS purposes
over the three years that are the subject of this IC estimate. The
Agency estimate submitted to OMB for approval is 137.89 million burden
hours. It combines an estimate of the IC burden imposed on those using
paper RODS or logs (3.29 million CMV drivers) and a separate estimate
of the IC burden imposed on those using AOBRDs (0.37 million CMV
drivers).
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the FMCSA to perform its functions; (2) the
accuracy of the estimated burden; (3) ways for the FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.

    Issued under the authority delegated in 49 CFR 1.87 on December
10, 2014.
G. Kelly Regal,
Associate Administrator, Office of Research and Information Technology,
Chief Information Officer.
[FR Doc. 2014-29861 Filed 12-19-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Pages 52378-52379]
[FR Doc No: 2022-18332]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-498-000]

Columbia Gas Transmission, LLC; Notice of Availability of the
Draft Environmental Impact Statement for the Proposed Virginia
Electrification Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a draft environmental impact statement (EIS)
for the Virginia Electrification Project (Project), proposed by
Columbia Gas Transmission, LLC (Columbia) in the above-referenced
docket. Columbia requests authorization to construct and operate
natural gas facilities in Virginia. The Project is designed to provide
35,000 dekatherms per day of incremental mainline capacity on
Columbia's pipeline system. The Project would address a request from
Columbia Gas of Virginia, an unaffiliated local distribution company,
for firm transportation service to meet growing energy demand in the
southeast Virginia market area off of Columbia's existing VM-107, VM-
108, and VM-109 pipelines.
    This draft EIS assesses the potential environmental effects of the
construction and operation of the Project in accordance with the
requirements of the National Environmental Policy Act (NEPA).
Columbia's Project facilities include: one zero emission electric motor
compressor unit at the Boswells Tavern Compressor Station located in
Louisa County; facility modifications to the Boswells Tavern point of
receipt located in Louisa County to allow for increased capacity;
replacement of all five existing gas-powered compressor units at the
Goochland Compressor Station, located in Goochland County, with new
units that will run exclusively on electric motors, but will have the
ability to run on gas in order to ensure reliability; and change the
status of an existing compressor unit from backup mode to active mode
and increase the site-rated station horsepower to 5,500 horsepower at
the Petersburg Compressor Station located in Prince George County. The
FERC staff concludes that approval of the proposed Project, with the
mitigation measures recommended in the EIS, would result in some
adverse environmental impacts; however, with the exception of climate
change impacts, those impacts would not be significant. The EIS is not
characterizing the Project's greenhouse gas emissions as significant or
insignificant because the Commission is conducting a generic proceeding
to determine whether and how the Commission will conduct significance
determinations going forward.\1\ The EIS also concludes that no system,
route, or other alternative would meet the Project objective while
providing a significant environmental advantage over the Project as
proposed.
    The Commission mailed a copy of the Notice of Availability of the
Draft Environmental Impact Statement for the Proposed Virginia
Electrification Project to federal, state, and local government
representatives and agencies; local libraries; newspapers; elected
officials; Native American Tribes; and other interested parties. The
draft EIS is only available in electronic format. It may be viewed and
downloaded from the FERC's website (www.ferc.gov), on the natural gas
environmental documents page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In addition, the
draft EIS may be accessed by using the eLibrary link on the FERC's
website. Click on the eLibrary link (https://elibrary.ferc.gov/eLibrary/search) select ``General Search'' and enter the docket number
in the ``Docket Number'' field (i.e., CP21-498-000). Be sure you have
selected an appropriate date range. For assistance, please contact FERC
Online Support at [email protected] or toll free at (866) 208-
3676, or for TTY, contact<PHONE_NUMBER>.
    The draft EIS is not a decision document. It presents Commission
staff's independent analysis of the environmental issues for the
Commission to consider when addressing the merits of all issues in this
proceeding. Any person wishing to comment on the draft EIS may do so.
Your comments should focus on the draft EIS's disclosure and discussion
of potential environmental effects, measures to avoid or lessen
environmental impacts and the completeness of the submitted
alternatives, information, and analyses. To ensure consideration of
your comments on the proposal in the final EIS, it is important that
the Commission receive your comments on or before 5:00 p.m. Eastern
Time on October 11, 2022.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. This is an easy method for submitting brief, text-only
comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. With eFiling, you can provide comments in a variety of
formats by attaching them as a file with your submission. New eFiling
users must first create an account by clicking on ``eRegister.'' If you
are filing a comment on a particular project, please select ``Comment
on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP21-
498-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, MD 20852.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR part 385.214). Motions to intervene are
more fully described at https://www.ferc.gov/how-intervene. Only
intervenors have the right to seek rehearing or judicial review of the
Commission's decision. The Commission grants affected landowners and
others with environmental concerns intervenor status upon showing good
cause by stating that they have a clear and direct interest in this
proceeding which no other party can adequately represent. Simply filing
environmental comments will not give you intervenor status, but you do
not need intervenor status to have your comments considered.

Questions?

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also

provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: August 19, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-18332 Filed 8-24-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Proposed Rules]
[Pages 36243-36246]
[FR Doc No: 2021-14611]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0560; Project Identifier MCAI-2021-00192-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11
airplanes. This proposed AD was prompted by reports that the sliding
bushings in the forward engine mount system were missing. This proposed
AD would require an inspection (gap check) of the front and aft engine
mounts to verify the proper installation of the sliding bushings, and
repair if necessary. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 23,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>internet https://www.bombardier.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0560; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Siddeeq Bacchus, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0560; Project Identifier
MCAI-2021-00192-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Siddeeq Bacchus, Aerospace Engineer, Mechanical Systems and
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email<EMAIL_ADDRESS>Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2021-04, dated February 15,
2021 (also referred to after this as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11
airplanes. You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0560.
    This proposed AD was prompted by reports that the sliding bushings
in the forward engine mount system were missing. The FAA is proposing
this AD to address redistribution of load/stress on the mount
components, which may decrease the component fatigue life; failure of
the mount structural components could result in the loss of the engine
attachment to the airframe. See the MCAI for additional background
information.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued the following service information.
     Bombardier Service Bulletin 700-1A11-71-005, dated
December 14, 2020.
     Bombardier Service Bulletin 700-71-005, dated December 14,
2020.
     Bombardier Service Bulletin 700-71-5005, dated December
14, 2020.
     Bombardier Service Bulletin 700-71-5501, dated December
14, 2020.
     Bombardier Service Bulletin 700-71-6005, December 14,
2020.
     Bombardier Service Bulletin 700-71-6501, December 14,
2020.
    This service information describes procedures for verifying the
proper installation of the sliding bushings by doing an inspection (gap
check), including a gap outside acceptable limits, a missing or damaged
nut or bolt at the upper side of front mount beam, and a bolt that
turns freely with finger pressure. These documents are distinct since
they apply to different airplane serial numbers. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 376 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
11 work-hours x $85 per hour = $935..........................              $0             $935         $351,560
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this proposed AD.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,

    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

Bombardier, Inc.: Docket No. FAA-2021-0560; Project Identifier MCAI-
2021-00192-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by August 23, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers
9002 through 9879 inclusive, 9998, 60001 through 60005 inclusive,
60007, 60009, 60015, 60016, and 60024.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by reports that the sliding bushings in the
forward engine mount system were missing. The FAA is issuing this AD
to address redistribution of load/stress on the mount components,
which may decrease the component fatigue life; failure of the mount
structural components could result in the loss of the engine
attachment to the airframe.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection and Corrective Action

    Within 15 months or 750 flight hours, whichever occurs first,
after the effective date of this AD: Verify the proper installation
of the sliding bushings by doing an inspection (gap check) for
discrepancies of the front and aft engine mounts, in accordance with
paragraphs 2.B. through 2.F. of the Accomplishment Instructions of
the applicable service information specified in figure 1 to
paragraph (g) of this AD. If any discrepancy is found: Before
further flight, repair using a method approved by the Manager, New
York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature. Where a serial number is identified in more than one row
in figure 1 to paragraph (g) of this AD, the applicable service
information is identified based on the marketing designations in
paragraph 1.M., ``Equivalent Service Bulletins,'' of each service
information.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TP09JY21.023

BILLING CODE 4910-13-C

(h) No Reporting Requirement

    Although the service information identified in table 1 to
paragraph (g) of this AD specifies to submit certain information to
the manufacturer, this AD does not include that requirement.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by
the DAO, the approval must include the DAO-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2021-04, dated February 15, 2021; for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2021-0560.
    (2) For more information about this AD, contact Siddeeq Bacchus,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>internet https://www.bombardier.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued on July 2, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-14611 Filed 7-8-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Notices]
[Pages 73333-73335]
[FR Doc No: 2022-25976]

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DEPARTMENT OF LABOR

 Occupational Safety and Health Administration

[Docket No. OSHA-2022-0001]

Advisory Committee on Construction Safety and Health

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

ACTION: Request for nominations.

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

SUMMARY: The Secretary of Labor requests nominations for membership

on the Advisory Committee for Construction Safety and Health (ACCSH).

DATES: Submit nominations for ACCSH membership by January 13, 2023.

ADDRESSES:
    Nominations: You must submit nominations and supporting materials,
identified by Docket No. OSHA-2022-0001, electronically at
www.regulations.gov, which is the Federal e-Rulemaking Portal. Follow
the online instructions for submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (Docket No. OSHA-
2022-0001). OSHA will post all submissions, including personal
information, in the public docket without change, which may be made
available online at www.regulations.gov. Therefore, OSHA cautions
interested parties about submitting information they do not want made
available to the public, or submitting materials that contain personal
information (either about themselves or others), such as Social
Security numbers and birthdates. For further information on submitting
nominations, see the ``Submission requirements'' heading in the section
of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download nominations or other materials in the
docket, go to www.regulations.gov. Documents in the docket are listed
in the www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the website. All submissions, including copyrighted material,
are available for inspection through the OSHA Docket Office. Contact
the OSHA Docket Office at<PHONE_NUMBER> (TTY number:<PHONE_NUMBER>)
for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications; telephone:<PHONE_NUMBER>; email:
[email protected].
    For general information about ACCSH and ACCSH membership: Mr. Damon
Bonneau, OSHA, Directorate of Construction; telephone:<PHONE_NUMBER>;
email: [email protected].
    Copies of this Federal Register document: Electronic copies of this
Federal Register document are available at www.regulations.gov. This
document, as well as news releases and other relevant information are
also available on the OSHA web page at www.osha.gov.

SUPPLEMENTARY INFORMATION: The Secretary of Labor invites interested
persons to submit nominations for membership on ACCSH.

A. Background

    ACCSH advises the Secretary of Labor and the Assistant Secretary of
Labor for Occupational Safety and Health (Assistant Secretary) in the
formulation of standards affecting the construction industry, and on
policy matters arising in the administration of the safety and health
provisions under the Contract Work Hours and Safety Standards Act
(Construction Safety Act (CSA)) (40 U.S.C. 3701 et seq.) and the
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) (see also 29 CFR 1911.10 and 1912.3). In addition, the CSA and
OSHA regulations require the Assistant Secretary to consult with ACCSH
before the agency proposes occupational safety and health standards
affecting construction activities (40 U.S.C. 3704; 29 CFR 1911.10).
    ACCSH operates in accordance with the Federal Advisory Committee
Act (FACA), as amended (5 U.S.C. App. 2), and the implementing
regulations (41 CFR 102-3 et seq.); and Department of Labor Manual
Series Chapter 1-900 (8/31/2020). ACCSH generally meets two to four
times a year.

B. ACCSH Membership

    ACCSH consists of 15 members whom the Secretary appoints. ACCSH
members generally serve two-year terms, unless they resign, cease to be
qualified, become unable to serve, or the Secretary removes them (29
CFR 1912.3(e)). The Secretary may appoint ACCSH members to successive
terms. No member of ACCSH, other than members who represent employers
or employees, shall have an economic interest in any proposed rule that
affects the construction industry (29 CFR 1912.6).
    The categories of ACCSH membership are, and number of new members
to be appointed to replace members whose terms will expire are:
     Five members who are qualified by experience and
affiliation to present the viewpoint of employers in the construction
industry-five employer representatives will be appointed;
     Five members who are similarly qualified to present the
viewpoint of employees in the construction industry-five employee
representatives will be appointed;
     Two representatives of State safety and health agencies-
two representatives from a State safety and health agency will be
appointed;
     Two public members, qualified by knowledge and experience
to make a useful contribution to the work of ACCSH, such as those who
have professional or technical experience and competence with
occupational safety and health in the construction industry-two public
representatives will be appointed; and
     One representative designated by the Secretary of the
Department of Health and Human Services and appointed by the Secretary-
no new appointment will be made.
    Any interested person or organization may nominate one or more
individuals for membership on ACCSH. Interested persons also are
invited and encouraged to submit statements in support of nominees.

C. Submission Requirements

    Nominations must include the following information:
     Nominee's contact information and current employment or
position;
     Nominee's r[eacute]sum[eacute] or curriculum vitae,
including prior membership on ACCSH and other relevant organizations
and associations;
     Category of membership (employer, employee, public, State
safety and health agency) that the nominee is qualified to represent;
     A summary of the background, experience, and
qualifications that addresses the nominee's suitability for each of the
nominated membership categories;
     Articles or other documents the nominee has authored that
indicate the nominee's knowledge, experience, and expertise in
occupational safety and health, particularly as it pertains to the
construction industry; and
     A statement that the nominee is aware of the nomination,
is willing to regularly attend and participate in ACCSH meetings, and
has no conflicts of interest that would preclude membership on ACCSH.

D. Member Selection

    The Department of Labor is committed to equal opportunity in the
workplace and seeks broad-based and diverse ACCSH membership. To the
extent permitted by FACA and other laws, ACCSH membership will be
consistent with achieving the greatest impact, scope, and credibility
among diverse stakeholders. The diversity in such membership includes,
but is not limited to, race, sex, disability, sexual orientation, and
gender identity. The Secretary will select the ACCSH members on the
basis of their experience, knowledge, and competence in the field of
occupational safety and

health, particularly as it pertains to the construction industry.
Information received through this nomination process, in addition to
other relevant sources of information, will assist the Secretary in
making these appointments to ACCSH. The Secretary will consider
individuals nominated in response to this Federal Register document, as
well as other qualified individuals, in selecting members to ACCSH.
OSHA will publish a list of ACCSH members in the Federal Register.

Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice pursuant to 29 U.S.C. 655, 40 U.S.C. 3704, Secretary of Labor's
Order No. 8-2020 (85 FR 58393), 5 U.S.C. App. 2, and 29 CFR part 1912.

    Signed at Washington, DC, on November 22, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-25976 Filed 11-28-22; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: July 28, 2008 (Volume 73, Number 145)]
[Notices]
[Page 43749]
[DOCID:fr28jy08-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1111-000]

Pioneer Prairie Wind Farm I, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

July 17, 2008.
    This is a supplemental notice in the above-referenced proceeding of
Pioneer Prairie Wind Farm I, LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is August 6, 2008.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-17160 Filed 7-25-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Notices]
[Pages 58519-58520]
[FR Doc No: 2016-20300]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-1229]

Current Good Manufacturing Practice Requirements for Food for
Animals; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry #235 entitled
``Current Good Manufacturing Practice Requirements for Food for
Animals.'' This draft guidance helps domestic and foreign facilities
that are required to register as food facilities under the Federal
Food, Drug, and Cosmetic Act (FD&C Act) determine whether and how they
need to comply with the current good manufacturing practice
requirements of the Current Good Manufacturing Practice, Hazard
Analysis, and Risk-Based Preventive Controls for Food for Animals final
rule.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by November 23, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-1229 for ``Current Good Manufacturing Practice Requirements
for Food for Animals.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at http://www.regulations.gov or at the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the draft guidance to
the Policy and Regulations Staff (HFV-6), Center for Veterinary
Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville,
MD 20855. Send one self-addressed adhesive label to assist that office
in processing your requests. See the SUPPLEMENTARY INFORMATION section
for electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Jeanette Murphy, Center for Veterinary
Medicine (HFV-200), Food and Drug Administration, 7519 Standish Place,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
#235 entitled ``Current Good Manufacturing Practice Requirements for
Food for Animals.'' This draft guidance is intended for domestic and
foreign facilities that are required to register as food facilities
under the FD&C Act because they manufacture, process, pack, or hold
animal food for consumption in the United States.
    This draft guidance contains information to help these facilities
determine whether they need to comply with the current good
manufacturing practice (CGMP) requirements for animal food established
in the Current Good Manufacturing Practice, Hazard Analysis, and Risk-
Based Preventive Controls for Food for Animals final rule published on
September 17, 2015. (80 FR 56170). The CGMP requirements are codified
in 21 CFR part 507, subpart B, and related requirements are codified in
21 CFR part 507, subpart A. The draft guidance additionally provides
recommendations for compliance with the CGMP requirements for animal
food, training, and recordkeeping.

II. Significance of Guidance

    This level 1 draft guidance is being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The draft guidance,
when finalized, will represent the current thinking of FDA on CGMP
requirements for food for animals. It does not establish any rights for
any person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 507 have been approved under
OMB control number 0910-0789.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: August 19, 2016.
Jeremy Sharp,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2016-20300 Filed 8-24-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: April 22, 2010 (Volume 75, Number 77)]
[Notices]
[Page 21048-21050]
[DOCID:fr22ap10-119]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29208; 812-13651]

Northern Lights Fund Trust, et al.; Notice of Application

April 16, 2010.
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, as well as from certain
disclosure requirements.

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SUMMARY:  Summary of Application: Applicants request an order that
would permit them to enter into and materially amend subadvisory
agreements without shareholder approval and would grant relief from
certain disclosure requirements.
    Applicants: Northern Lights Fund Trust (the ``Trust'') and CMG
Capital Management Group, Inc. (the ``Adviser'').

DATES:  Filing Dates: The application was filed on April 9, 2009 and
amended on September 28, 2009 and April 16, 2010.
    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 May 11, 2010, 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, 150 North
Radnor-Chester Road, Suite A120, Radnor, PA 19087; Trust, 450 Wireless
Boulevard, Hauppauge, NY 11788-0132.

FOR FURTHER INFORMATION CONTACT: Emerson S. Davis, Sr., Senior Counsel,
at<PHONE_NUMBER>, or Julia Kim Gilmer, 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 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. The Trust, a Delaware statutory trust, is registered under the
Act as an open-end management investment company and offers
approximately forty-six series, including the CMG Absolute Return
Strategies Fund (``CMG Fund''). The CMG Fund currently employs six
unaffiliated investment subadvisers (each, a ``Subadviser'').\1\ The
Adviser is registered as an investment adviser under the Investment
Advisers Act of 1940 (``Advisers Act'') and serves as the investment
adviser to the CMG Fund pursuant to an investment advisory agreement
(``Advisory

Agreement'') with the Trust. The Adviser will also serve as the
investment adviser to the other Funds. The Advisory Agreement was
approved by the Trust's board of trustees (together with the board of
directors or trustees of any Fund if different, 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 CMG Fund.
---------------------------------------------------------------------------

    \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 described in the application; and (c) complies
with the terms and conditions of this application (together with the
CMG 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. If the name of any Fund contains the name of a
Subadviser, the name of the Adviser will precede the name of the
Subadviser.
---------------------------------------------------------------------------

    2. Under the terms of the Advisory Agreement, the Adviser is
responsible for the overall management of the CMG Fund's business
affairs and selecting the CMG Fund's investments in accordance with its
investment objectives, policies and restrictions. For the investment
management services that it provides to the CMG Fund, the Adviser
receives the fee specified in the Advisory Agreement. The Advisory
Agreement also permits the Adviser to retain one or more subadvisers
for the purpose of managing the investments of the CMG Fund. Pursuant
to this authority, the Adviser has entered into investment subadvisory
agreements (``Subadvisory Agreements'') with six Subadvisers to provide
investment advisory services to the CMG Fund. 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'').
    4. Applicants also request an exemption from the various disclosure
provisions described below that may require the Funds to disclose fees
paid by the Adviser to the Subadvisers. An exemption is requested to
permit a Fund to disclose (as both a dollar amount and as a percentage
of each Fund's net assets): (a) The aggregate fees paid to the Adviser
and any Affiliated Subadvisers; and (b) the aggregate fees paid to
Subadvisers (collectively, ``Aggregate Fee Disclosure''). Any Fund that
employs an Affiliated Subadviser will provide separate disclosure of
any fees paid to the 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 stock in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 14(a)(3) of Form N-1A requires disclosure of
the method and amount of the investment adviser's compensation.\2\
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    \2\ Form N-1A was recently amended by the Commission, effective
March 31, 2009, and Item 14(a)(3) should be read to refer to Item
19(a)(3) for each Fund when that Fund begins using the revised form.
---------------------------------------------------------------------------

    3. Rule 20a-1 under the Act requires proxies solicited with respect
to an investment company to comply with Schedule 14A under the
Securities Exchange Act of 1934 (``1934 Act''). Items 22(c)(1)(ii),
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A, taken together,
require a proxy statement for a shareholder meeting at which the
advisory contract will be voted upon to include the ``rate of
compensation of the investment adviser,'' the ``aggregate amount of the
investment adviser's fees,'' a description of the ``terms of the
contract to be acted upon,'' and, if a change in the advisory fee is
proposed, the existing and proposed fees and the difference between the
two fees.
    4. Regulation S-X sets forth the requirements for financial
statements required to be included as part of investment company
registration statements and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b) and (c) of Regulation S-X require
that investment companies include in their financial statements
information about investment advisory fees.
    5. 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.
    6. 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.
    7. Applicants assert that many Subadvisers use a ``posted'' rate
schedule to set their fees. Applicants state that, while Subadvisers
are willing to negotiate fees lower than those posted in the schedule,
they are reluctant to do so where the fees are disclosed to other
prospective and existing customers. Applicants submit that the
requested relief will allow the Adviser to negotiate more effectively
with each Subadviser.

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 a multi-manager investment approach (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, Fund
shareholders will be furnished all information about the new Subadviser
that would be included in a proxy statement, except as modified to
permit Aggregate Fee Disclosure. This information will include
Aggregate Fee Disclosure and any change in disclosure caused by the
addition of the new Subadviser. 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 1934 Act, except as
modified by the order to permit Aggregate Fee Disclosure.
    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. Independent legal counsel, as defined in rule 0-1(a)(6) under
the Act, will be engaged to represent the Independent Trustees. The
selection of such counsel will be within the discretion of the then-
existing Independent Trustees.
    8. The Adviser will provide the Board, no less frequently than
quarterly, with information about the profitability of the Adviser on a
per Fund basis. The information will reflect the impact on
profitability of the hiring or termination of any subadviser during the
applicable quarter.
    9. Whenever a subadviser is hired or terminated, the Adviser will
provide the Board with information showing the expected impact on the
profitability of the Adviser.
    10. 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.
    11. 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.
    12. Each Fund will disclose in its registration statement the
Aggregate Fee Disclosure.
    13. 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.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-9285 Filed 4-21-10; 8:45 am]
BILLING CODE 8011-01-P