[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43875-43877]
[FR Doc No: 2022-15727]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0377]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Tobacco Health
Document Submission

AGENCY: Food and Drug Administration, Health and Human Services (HHS).

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing that a proposed collection of information has been submitted
to the Office of Management and Budget (OMB) for review and clearance
under the Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by August 22, 2022.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0654. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Rachel Showalter, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Tobacco Health Document Submission

OMB Control Number 0910-0654--Revision

    Section 904(a)(4) of the Federal Food, Drug, and Cosmetic Act (FD&C
Act) (21 U.S.C. 387d(a)(4)) requires each tobacco product manufacturer
or importer, or agent thereof, to submit all documents developed after
June 22, 2009, ``that relate to health, toxicological, behavioral, or
physiologic effects of current or future tobacco products, their
constituents (including smoke

constituents), ingredients, components, and additives'' (herein
referred to as ``tobacco health documents'' or ``health documents'').
    The guidance document entitled ``Health Document Submission
Requirements for Tobacco Products (Revised)'' (2017) (https://www.fda.gov/regulatory-information/search-fda-guidance-documents/tobacco-health-document-submission) requests tobacco health document
submissions from manufacturers and importers of tobacco products based
on statutory requirements and compliance dates.\1\ As indicated in the
guidance, all manufacturers and importers of tobacco products are now
subject to the FD&C Act and are required to comply with section
904(a)(4) of the FD&C Act, which requires immediate and ongoing
submission of health documents developed after June 22, 2009 (the date
of enactment of the Tobacco Control Act). However, FDA generally does
not intend to enforce the requirement at this time with respect to all
such health documents, so long as a specified set of documents, those
developed between June 23, 2009, and December 31, 2009, are provided at
least 90 days prior to the delivery for introduction of tobacco
products into interstate commerce. Thereafter, manufacturers should
preserve all health documents, including those that relate to products
for further manufacturing and those developed after December 31, 2009,
for future submission to FDA. All Agency guidance documents are issued
in accordance with our good guidance practice regulations in 21 CFR
10.115, which provide for public comment at any time.
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    \1\ FDA announced the availability of a guidance on this
collection in the Federal Register on April 20, 2010 (75 FR 20606)
(revised December 5, 2016 (81 FR 87565)).
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    FDA is planning revisions to the guidance to reflect that the
deemed tobacco product compliance period has passed. Additional
revisions include clarifying and editorial changes to promote a better
understanding of FDA's interpretation of the ``health, toxicological,
behavioral, or physiologic'' phrase, examples of health, toxicological,
behavioral, or physiologic effects documents, and minor updates to the
metadata list.
    FDA has been collecting the information submitted pursuant to
section 904(a)(4) of the FD&C Act through a facilitative electronic
form and through a paper form (Form FDA 3743) for those individuals who
choose not to use the electronic method. On both forms, FDA is
requesting the following information from firms that have not already
reported or still have documents to report:

 Submitter identification
 Submitter type, company name, address, country, company
headquarters Dun and Bradstreet D-U-N-S number, and FDA assigned
Facility Establishment Identifier (FEI) number
 Submitter point of contact
 Contact name, title, position title, email, telephone, and Fax
 Submission format and contents (as applicable)
 Electronic documents: media type, media quantity, size of
submission, quantity of documents, file type, and file software
 Paper documents: quantity of documents, quantity of volumes,
and quantity of boxes
 Whether or not a submission is being provided
 Confirmation statement
 Identification and signature of submitter including name,
company name, address, position title, email, telephone, and Fax
 Document categorization (as applicable): relationship of the
document or set of documents to the following:
    [cir] Health, behavioral, toxicological, or physiological effects
    [cir] Uniquely identified current or future tobacco product(s)
    [cir] Category of current or future tobacco product(s)
    [cir] Specific ingredient(s), constituent(s), component(s), or
additive(s)
    [cir] Class of ingredient(s), constituent(s), component(s), or
additive(s)
 Document readability and accessibility: keywords; glossary or
explanation of any abbreviations, jargon, or internal (e.g., code)
names; special instructions for loading or compiling submission.
 Document metadata: date document was created, document
author(s), document recipient(s), document custodian, document title or
identification number, beginning and ending Bates numbers, Bates number
ranges for documents attached to a submitted email, document type, and
whether the document is present in the University of California San
Francisco's Truth Tobacco Documents database.

    You may access the electronic form and paper form on our website,
at https://www.fda.gov/tobacco-products/manufacturing/submit-documents-ctp-portal and https://www.fda.gov/media/78652/download, respectively.
In addition to the electronic and paper forms, FDA issued the guidance
on this collection to assist persons making tobacco health document
submissions. For further assistance, FDA is providing a technical
guide, embedded hints, and a web tutorial on the electronic portal.
    FDA issued a final rule to deem products meeting the statutory
definition of ``tobacco product'' to be subject to the FD&C Act on May
10, 2016 (81 FR 28973), which became effective on August 8, 2016. The
FD&C Act provides FDA authority to regulate cigarettes, cigarette
tobacco, roll-your-own tobacco (RYO), smokeless tobacco, and any other
tobacco products that the Agency by regulation deems to be subject to
the law. This final rule extended the Agency's ``tobacco product''
authorities to all other categories of products that meet the statutory
definition of ``tobacco product'' in the FD&C Act, except accessories
of such deemed tobacco products.
    For tobacco products subject to the deeming rule, FDA understands
``current or future tobacco products'' to refer to products
commercially distributed on or after August 8, 2016, or products in any
stage of research or development at any time after August 8, 2016,
including experimental products and developmental products intended for
introduction into the market for consumer use. For cigarettes,
cigarette tobacco, RYO, and smokeless tobacco, FDA understands
``current or future tobacco products'' to refer to products
commercially distributed on or after June 23, 2009, or products in any
stage of research or development at any time after June 23, 2009,
including experimental products and developmental products intended for
introduction into the market for consumer use.
    In the guidance on this collection, FDA indicated our intent to
enforce the requirement at this time with respect to all such health
documents relating to the deemed tobacco products, so long as a
specified set of documents, those developed between June 23, 2009, and
December 31, 2009, were submitted by February 8, 2017, or in the case
of small-scale deemed tobacco product manufacturers (small-scale
manufacturers), by November 8, 2017 (81 FR 28973 at 29008 and 29009).
Additionally, FDA extended the compliance deadlines by an additional 6
months for small-scale manufacturers in the areas impacted by natural
disasters to May 8, 2018. Thereafter, FDA's compliance plan requested

deemed manufacturers provide tobacco health document submissions from
the specified period, at least 90 days prior to the delivery for
introduction into interstate commerce of tobacco products to which the
health documents relate. Manufacturers or importers of cigarettes,
cigarette tobacco, RYO, or smokeless tobacco products must provide all
health documents developed between June 23, 2009, and December 31,
2009, at least 90 days prior to the delivery for introduction of
tobacco products into interstate commerce.
    After publication of the 60-day notice however, on March 15, 2022,
President Biden signed H.R. 2471--the Consolidated Appropriations Act,
2022. As a result, the FD&C Act now includes specific language that
makes clear that FDA has the authority to regulate tobacco products
containing nicotine from any source, which includes synthetic. On April
14, 2022, firms engaged in the manufacture, preparation, compounding,
or processing of tobacco products containing non-tobacco nicotine
products (NTN) must therefore provide health documents.
    In the Federal Register of February 25, 2022 (87 FR 10800), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
            Activity                 Number of     responses per   Total  annual    burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Tobacco Health Document                       10             3.2              32              50           1,600
 Submissions and Form FDA 3743..
Tobacco Health Document                      100               1             100               2             200
 Submissions and Form 3743 for
 Non-Tobacco Nicotine Products
 (NTN)..........................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,800
----------------------------------------------------------------------------------------------------------------

    The number of documents received each year since the original
collection period has fallen to less than 5 percent of what was
received in the original collection period. FDA expects this is because
documents created within the specified period should have already been
submitted. The Agency bases this estimate on the total number of
tobacco firms it is aware of and its experience with document
production and the number of additional documents that have been
reported each year since the original estimate of the reporting burden.
    FDA estimates that a tobacco health document submission as required
by section 904(a)(4) of the FD&C Act, will take approximately 50 hours
per submission based on FDA experience. To derive the number of
respondents for this provision, FDA assumes that very few manufacturers
or importers, or agents thereof, would have health documents to submit.
We anticipate documents will be submitted on an annual basis for a
total of 10 respondents. FDA estimates the annual reporting burden for
these respondents to be 1,600 hours.
    As mentioned previously in this document, with the new authority
provided to FDA, firms engaged in the manufacture, preparation,
compounding, or processing of tobacco products containing NTN must
provide health documents. Although these firms are unlikely to have
health documents created within the specified period, we are estimating
for this extension that we will receive 100 new NTN respondents who
will be required to provide a declaration to such effect via Form 3743,
which is expected to take 2 hours, for a total 200 burden hours.
    Based on a review of the information collection of our current OMB
approval, we have increased the burden by 200 hours.

    Dated: July 18, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-15727 Filed 7-21-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: August 9, 2006 (Volume 71, Number 153)]
[Notices]
[Page 45557-45559]
[DOCID:fr09au06-83]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0585; FRL-8082-6]

Pesticide Products; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of applications to register
pesticide products containing new active ingredients not included in
any previously registered products pursuant to the provisions of
section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended.

DATES: Comments must be received on or before September 8, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0585, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0585. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://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 http://www.regulations.gov or E-mail. The Federal http://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 E-mail

comment directly to EPA without going through http://www.regulations.gov
, your E-mail address will be automatically captured

and included as part of the comment that is placed in the 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 docket 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, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Tony Kish, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; E-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or E-mail. Clearly mark the part or all of

the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications

    EPA received applications as follows to register pesticide products
containing active ingredients not included in any previously registered
products pursuant to the provision of section 3(c)(4) of FIFRA. Notice
of receipt of these applications does not imply a decision by the
Agency on the applications.

Products Containing Active Ingredients not Included in any Previously
Registered Products

    1. File Symbol: 100-RELU. Applicant: Syngenta Crop Protection,
Inc., P.O. Box 18300, Greensboro, North Carolina 27419-8300. Product
name: Mandy. Fungicide. Active ingredient: Mandipropamid at 23.3%.
Proposal Classification/Use: None. For use on brassica leafy
vegetables, bulb vegetables, grapes, cucurbits, fruiting vegetables,
potatoes, tomatoes, and tuberous and corm vegetables. (R. Kearns).
    2. File Symbol: 59639-RUN. Applicant: Valent Corporation, P.O. Box
8025, Walnut Creek, CA 94596-8025. Product name: V-10161 4SC.
Fungicide. Active ingredient: Fluopicolide at 39.5%. Proposal
Classification/Use: For use on outdoor agricultural food crops. (J.
Whitehurst).
    3. File Symbol: 59639-RUR. Applicant: Valent Corporation. Product
name: V-10161 VPP Fungicide. Fungicide. Active ingredient: Flupicolide
at 39.5%. Proposal Classification/Use: For use on outdoor ornamentals,
turf, and greenhouse grown ornamentals. (J. Whitehurst.)
    4. File Symbol: 59639-RUE. Applicant: Valent Corporation. Product
name: V-10161 Premix. Fungicide. Active ingredients: Fluopicolide at
5.54% and Propamocarb at 55.4%. Proposal Classification/Use: For use on
outdoor agricultural food crops. (J. Whitehurst).
    5. File Symbol: 59639-RUG. Applicant: Valent Corporation. Product
name: V-10162 VPP Fungicide. Fungicide. Active ingredient: Fluopicolide
and Propamocarb at 5.54%. Proposal Classification/Use: For use on
outdoor ornamentals, turf, and greenhouse grown ornamentals. (J.
Whitehurst).
    6. File Symbol: 59639-RGO. Applicant: Valent Corporation, P.O. Box
8025, Walnut Creek, CA 94596-8025. Product name: Fluopicolide
Technical. Fungicide. Active ingredient: Fluopicolide at 98.8%.
Proposal Classification/Use: Manufacturing Use Only. (J. Whitehurst).

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: July 31, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E6-12903 Filed 8-8-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 85, Number 175 (Wednesday, September 9, 2020)]
[Notices]
[Pages 55706-55708]
[FR Doc No: 2020-19918]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34001; 812-15147]

Resource Credit Income Fund and Sierra Crest Investment
Management LLC

September 2, 2020.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c), and 18(i) of the Act, under sections 6(c) and 23(c) of
the Act for an exemption from rule 23c-3 under the Act, and for an
order pursuant to section 17(d) of the Act and rule 17d-1 under the
Act.

SUMMARY: Applicants request an order to permit certain registered
closed-end management investment companies to issue multiple classes of
shares and to impose asset-based distribution and/or service fees, and
early withdrawal charges (``EWCs'').

Applicants:  Resource Credit Income Fund (the ``Initial Fund'') and
Sierra Crest Investment Management LLC (the ``Adviser'').

Filing Dates:  The application was filed on August 4, 2020.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving applicants with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on September 28, 2020, and should be
accompanied by proof of service on the applicants, in the form of an
affidavit or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary at<EMAIL_ADDRESS>
ADDRESSES: The Commission<EMAIL_ADDRESS>Applicants: by
email to<EMAIL_ADDRESS>81c9e0f3f3f8afd1e0efe6e0f2c1e5e4e2e9e4f3f5afe2eeec;
<EMAIL_ADDRESS>4d0528233f34631a2c232a0d2f2e3d2c3f3923283f3e632e2220; and
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Laura L. Solomon, Senior Counsel, at
(202) 551-6915, or Kaitlin C. Bottock, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

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

Applicants' Representations

    1. The Initial Fund is a Delaware statutory trust that is
registered under the Act as a diversified, closed-end management
investment company. The Initial Fund operates as an ``interval fund''
pursuant to rule 23c-3 under the Act and continuously offers its
shares.
    2. The Adviser is a Delaware limited liability company registered
as an investment adviser under the Investment Advisers Act of 1940. The
Adviser will serve as investment adviser to the Initial Fund.
    3. Applicants seek an order to permit the Initial Fund to issue
multiple classes of shares, each having its own fee and expense
structure, and to impose asset-based distribution and/or service fees,
and EWCs.
    4. Applicants request that the order also apply to any continuously
offered registered closed-end management investment company that has
been previously organized or that may be organized in the future for
which the Adviser or any entity controlling, controlled by, or under
common control with the Adviser, or any successor in interest to any
such entity,\1\ acts as investment adviser, respectively, and which
operates as an interval fund pursuant to rule 23c-3 under the Act or
provides periodic liquidity with respect to its shares pursuant to rule
13e-4 under the Securities Exchange Act of 1934 (the ``Exchange Act'')
(each, a ``Future Fund'' and together with the Initial Fund, the
``Funds'').\2\
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    \1\ A successor in interest is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \2\ Any Fund relying on this relief in the future will do so in
compliance with the terms and conditions of the application.
Applicants represent that each entity presently intending to rely on
the requested relief is listed as an applicant.
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    5. The Initial Fund makes a continuous public offering of its
Shares. Applicants state that additional offerings by any Fund relying
on the order may be on a private placement or public offering basis.
Shares of the Funds will not be listed on any securities exchange, nor
quoted on any quotation medium. The Funds do not expect there to be a
secondary trading market for their Shares.
    6. The Initial Fund currently offers five classes of shares
pursuant to exemptive relief granted by the Commission.\3\ If the
requested relief is granted, the Initial Fund may also offer additional
classes of shares in the future, with each class having its own fee and
expense structure.
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    \3\ See Resource Real Estate Diversified Income Fund and
Resource Real Estate, Inc., Investment Co. Act Rel. No. 31093 (June
23, 2014) (Notice) and Investment Co. Act Rel. No. 31162 (July 22,
2014) (Order) (the ``Resource Order''). The order would supersede
the Resource Order with respect to the Initial Fund such that
neither the Initial Fund nor the Adviser would rely on the Resource
Order if the order is granted.
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    7. Applicants state that, from time to time, the Funds may create
additional classes of shares, the terms of which may differ from the
initial class pursuant to and in compliance with rule 18f-3 under the
Act.
    8. Applicants state that shares of a Fund may be subject to a
repurchase fee at a rate of no greater than 2% of the shareholder's
repurchase proceeds if the interval between the date of purchase of the
shares and the valuation date with respect to the repurchase of those
shares is less than one year. Any repurchase fee will apply equally to
all classes of shares of a Fund, consistent with section 18 of the Act
and rule 18f-3 thereunder. Further, applicants represent that to the
extent a Fund determines to waive, impose scheduled variations of, or
eliminate any repurchase fee, it will do so consistently with the
requirements of rule 22d-1 under the Act as if the repurchase fee were
a CDSL (defined below) and as if the Fund were an open-end investment
company and the Fund's waiver of, scheduled variation in, or
elimination of, any such repurchase fee will apply uniformly to all
shareholders of the Fund regardless of class.
    9. Applicants state that the Initial Fund has adopted a fundamental
policy to repurchase a specified percentage of its shares (no less than
5% and not more

than 25%) at net asset value on a periodic basis. Such repurchase
offers will be conducted pursuant to rule 23c-3 under the Act.\4\ Each
Future Fund will likewise adopt a fundamental investment policy in
compliance with rule 23c-3 and make periodic repurchase offers to its
shareholders, or provide periodic liquidity with respect to its shares
pursuant to rule 13e-4 under the Exchange Act. Any repurchase offers
made by the Funds will be made to all holders of shares of each such
Fund.
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    \4\ Applicants submit that rule 23c-3 and Regulation M under the
Exchange Act permit an interval fund to make repurchase offers to
repurchase its shares while engaging in a continuous offering of its
shares pursuant to rule 415 under the Securities Act of 1933.
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    10. Applicants represent that any asset-based service and/or
distribution fees for each class of shares will comply with the
provisions of FINRA Rule 2341 (``Sales Charge Rule'').\5\ Applicants
also represent that each Fund will disclose in its prospectus the fees,
expenses, and other characteristics of each class of shares offered for
sale by the prospectus, as is required for open-end multiple class
funds under Form N-1A. As is required for open-end funds, each Fund
will disclose its expenses in shareholder reports, and describe any
arrangements that result in breakpoints in or elimination of sales
loads in its prospectus.\6\ In addition, applicants will comply with
applicable enhanced fee disclosure requirements for fund of funds,
including registered funds of hedge funds.\7\
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    \5\ Any reference to the Sales Charge Rule includes any
successor or replacement rule that may be adopted by the Financial
Industry Regulatory Authority (``FINRA'').
    \6\ See Shareholder Reports and Quarterly Portfolio Disclosure
of Registered Management Investment Companies, Investment Company
Act Release No. 26372 (Feb. 27, 2004) (adopting release) (requiring
open-end investment companies to disclose fund expenses in
shareholder reports); and Disclosure of Breakpoint Discounts by
Mutual Funds, Investment Company Act Release No. 26464 (June 7,
2004) (adopting release) (requiring open-end investment companies to
provide prospectus disclosure of certain sales load information).
    \7\ Fund of Funds Investments, Investment Company Act Rel. Nos.
26198 (Oct. 1, 2003) (proposing release) and 27399 (Jun. 20, 2006)
(adopting release). See also Rules 12d1-1, et seq. of the Act.
---------------------------------------------------------------------------

    11. Each of the Funds will comply with any requirements that the
Commission or FINRA may adopt regarding disclosure at the point of sale
and in transaction confirmations about the costs and conflicts of
interest arising out of the distribution of open-end investment company
shares, and regarding prospectus disclosure of sales loads and revenue
sharing arrangements, as if those requirements applied to each Fund. In
addition, each Fund will contractually require that any distributor of
the Fund's Shares comply with such requirements in connection with the
distribution of such Fund's Shares.
    12. Applicants state that each Fund may impose an EWC on Shares
submitted for repurchase that have been held less than a specified
period and may waive the EWC for certain categories of shareholders or
transactions to be established from time to time. Applicants state that
each of the Funds will apply the EWC (and any waivers or scheduled
variations of the EWC) uniformly to all shareholders in a given class
and consistently with the requirements of rule 22d-1 under the Act as
if the Funds were open-end investment companies.
    13. Each Fund operating as an interval fund pursuant to rule 23c-3
under the Act may offer its shareholders an exchange feature under
which the shareholders of the Fund may, in connection with the Fund's
periodic repurchase offers, exchange their Shares of the Fund for
shares of the same class of (i) registered open-end investment
companies or (ii) other registered closed-end investment companies that
comply with rule 23c-3 under the Act and continuously offer their
shares at net asset value, that are in the Fund's group of investment
companies (collectively, ``Other Funds''). Shares of a Fund operating
pursuant to rule 23c-3 that are exchanged for shares of Other Funds
will be included as part of the amount of the repurchase offer amount
for such Fund as specified in rule 23c-3 under the Act. Any exchange
option will comply with rule 11a-3 under the Act, as if the Fund were
an open-end investment company subject to rule 11a-3. In complying with
rule 11a-3, each Fund will treat an EWC as if it were a contingent
deferred sales load (``CDSL'').

Applicants' Legal Analysis

Multiple Classes of Shares

    1. Section 18(a)(2) of the Act makes it unlawful for a closed-end
investment company to issue a senior security that is a stock unless
certain requirements are met. Applicants state that the creation of
multiple classes of shares of the Funds may violate section 18(a)(2)
because the Funds may not meet such requirements with respect to a
class of shares that may be a senior security.
    2. Section 18(c) of the Act provides, in relevant part, that a
registered closed-end investment company may not issue or sell any
senior security if, immediately thereafter, the company has outstanding
more than one class of senior security. Applicants state that the
creation of multiple classes of Shares of a Fund proposed herein may
result in Shares of a class having ``priority over [another] class as
to . . . payment of dividends,'' and being deemed a ``senior
security,'' because shareholders of different classes may pay different
distribution fees, different shareholder services fees, and any other
expense. Accordingly, applicants state that the creation of multiple
classes of Shares of a Fund with different fees and expenses may be
prohibited by section 18(c).
    3. Section 18(i) of the Act provides, in relevant part, that each
share of stock issued by a registered management investment company
will be a voting stock and have equal voting rights with every other
outstanding voting stock. Applicants state that multiple classes of
shares of the Funds may violate section 18(i) of the Act because each
class would be entitled to exclusive voting rights with respect to
matters solely related to that class.
    4. 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 provision of the Act, or from any
rule or regulation under the Act, if and to the extent 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 request an exemption under
section 6(c) from sections 18(a)(2), 18(c) and 18(i) to permit the
Funds to issue multiple classes of shares.
    5. Applicants submit that the proposed allocation of expenses
relating to distribution and voting rights among multiple classes is
equitable and will not discriminate against any group or class of
shareholders. Applicants submit that the proposed arrangements would
permit a Fund to facilitate the distribution of its securities and
provide investors with a broader choice of shareholder services.
Applicants assert that the proposed closed-end investment company
multiple class structure does not raise the concerns underlying section
18 of the Act to any greater degree than open-end investment companies'
multiple class structures that are permitted by rule 18f-3 under the
Act. Applicants state that each Fund will comply with the provisions of
rule 18f-3 as if it were an open-end investment company.

Early Withdrawal Charges

    1. Section 23(c) of the Act provides, in relevant part, that no
registered

closed-end investment company shall purchase securities of which it is
the issuer, except: (a) On a securities exchange or other open market;
(b) pursuant to tenders, after reasonable opportunity to submit tenders
given to all holders of securities of the class to be purchased; or (c)
under other circumstances as the Commission may permit by rules and
regulations or orders for the protection of investors.
    2. Rule 23c-3 under the Act permits an interval fund to make
repurchase offers of between five and twenty-five percent of its
outstanding shares at net asset value at periodic intervals pursuant to
a fundamental policy of the interval fund. Rule 23c-3(b)(1) under the
Act permits an interval fund to deduct from repurchase proceeds only a
repurchase fee, not to exceed two percent of the proceeds, that is paid
to the interval fund and is reasonably intended to compensate the fund
for expenses directly related to the repurchase.
    3. Section 23(c)(3) provides that the Commission may issue an order
that would permit a closed-end investment company to repurchase its
shares in circumstances in which the repurchase is made in a manner or
on a basis that does not unfairly discriminate against any holders of
the class or classes of securities to be purchased.
    4. Applicants request relief under section 6(c), discussed above,
and section 23(c)(3) from rule 23c-3 to the extent necessary for the
Funds to impose EWCs on shares of the Funds submitted for repurchase
that have been held for less than a specified period.
    5. Applicants state that the EWCs they intend to impose are
functionally similar to CDSLs imposed by open-end investment companies
under rule 6c-10 under the Act. Rule 6c-0 permits open-end investment
companies to impose CDSLs, subject to certain conditions. Applicants
note that rule 6c-10 is grounded in policy considerations supporting
the employment of CDSLs where there are adequate safeguards for the
investor and state that the same policy considerations support
imposition of EWCs in the interval fund context. In addition,
applicants state that EWCs may be necessary for the distributor to
recover distribution costs. Applicants represent that any EWC imposed
by the Funds will comply with rule 6c-10 under the Act as if the rule
were applicable to closed-end investment companies. The Funds will
disclose EWCs in accordance with the requirements of Form N-1A
concerning CDSLs.

Asset-Based Service and Distribution Fees

    1. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
an affiliated person of a registered investment company, or an
affiliated person of such person, acting as principal, from
participating in or effecting any transaction in connection with any
joint enterprise or joint arrangement in which the investment company
participates unless the Commission issues an order permitting the
transaction. In reviewing applications submitted under section 17(d)
and rule 17d-1, the Commission considers whether the participation of
the investment company in a joint enterprise or joint arrangement is
consistent with the provisions, policies and purposes of the Act, and
the extent to which the participation is on a basis different from or
less advantageous than that of other participants.
    2. Rule 17d-3 under the Act provides an exemption from section
17(d) and rule 17d-1 to permit open-end investment companies to enter
into distribution arrangements pursuant to rule 12b-1 under the Act.
Applicants request an order under section 17(d) and rule 17d-1 under
the Act to the extent necessary to permit the Funds to impose asset-
based service and distribution fees. Applicants have agreed to comply
with rules 12b-1 and 17d-3 as if those rules applied to closed-end
investment companies, which they believe will resolve any concerns that
might arise in connection with a Fund financing the distribution of its
shares through asset-based service and distribution fees.
    3. For the reasons stated above, applicants submit that the
exemptions requested under section 6(c) are necessary and appropriate
in the public interest and are consistent with the protection of
investors and the purposes fairly intended by the policy and provisions
of the Act. Applicants further submit that the relief requested
pursuant to section 23(c)(3) will be consistent with the protection of
investors and will insure that applicants do not unfairly discriminate
against any holders of the class of securities to be purchased.
Finally, applicants state that the Funds' imposition of asset-based
service and distribution fees is consistent with the provisions,
policies, and purposes of the Act and does not involve participation on
a basis different from or less advantageous than that of other
participants.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Each Fund relying on the order will comply with the provisions of
rules 6c-10, 12b-1, 17d-3, 18f-3, 22d-1, and, where applicable, 11a-3
under the Act, as amended from time to time, as if those rules applied
to closed-end management investment companies, and will comply with the
Sales Charge Rule, as amended from time to time, as if that rule
applied to all closed-end management investment companies.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-19918 Filed 9-8-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Notices]
[Page 705-706]
[DOCID:fr07ja09-37]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL09-25-000]

City of Anaheim, CA; Notice of Filing

December 30, 2008.
    Take notice that on December 19, 2008, the City of Anaheim,
California filed its sixth annual revision to its Transmission Revenue
Balancing Account Adjustment, to become effective as of January 1,
2009.
    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. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies

of the protest or intervention to the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is 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 docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 21, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-31430 Filed 1-6-09; 8:45 am]

BILLING CODE 6717-01-P


Page 1 of 3 Environmental Justice Analysis Demographic Characteristics Program ( SAS)

Program Description:

This program undertakes the demographic environmental justice analysis for the MP& M final rule. The data set " EJ_ counties. sas7bdat" contains socioeconomic data for counties from each state that have a water body reach located within them to which effluent is discharged from a ' surveyed' MP& M facility ( see " EJ_ counties. sas7bdat," DCN 37643, for data field descriptions). These raw data are from the 1990 Population and Housing Census.

The environmental justice analysis computes simple ratios/ percentages for these selected counties and will compare these to similar ratios for the entire state to check for any trends depicting a disproportionate burden/ benefit to advantaged and minority sections of society.

Code:

libname MPM ' H:\ ENVR\ Triton05 MP& M\ Final\ Benefits\ EJ Analysis\ EJ Final';

data county; set MPM. EJ_ counties;

*/ This step aggregates Census data to create new variables and drops several variables not used in the analysis/*

Rural = Rural1+ Rural2; Children = U181+ U182+ U183; Employed = MCE+ FCE; UnEmp = MCU+ FCU; TotalE = Employed+ UnEmp; NotPov = np1+ np2+ np3+ np4+ np5+ np6+ np7+ np8+ np9+ np10+ np11+ np12; Pov = p1+ p2+ p3+ p4+ p5+ p6+ p7+ p8+ p9+ p10+ p11+ p12; TotalP = NotPov+ Pov; TotalI = House* Income; drop Urban1 Urban2 Rural1 Rural2 U181 U182 U183 O181 O182 O183 MAF MCE MCU MNLF FAF FCE FCU FNLF np1 np2 np3 np4 np5 np6 np7 np8 np9 np10 np11 np12 p1 p2 p3 p4 p5 p6 p7 p8 p9 p10 p11 p12 Employed NotPov Income; run;

*/ This step sorts the data set by county/* Page 2 of 3 Proc sort data= county; By State; run;

*/ This step calculates means for specified variables by state/* Proc Means data= county Sum; Var Pop House White Black AI Asian Other TotalI Rural Children UnEmp TotalE Pov TotalP; By State; Output Out= CumState Sum= SPop SHouse SWhite SBlack SAI SAsian SOther STotalI SRural SChildre SUnEmp STotalE SPov STotalP; run;

data CumState; set CumState; Counties = _ Freq_; drop _ Freq_ _ Type_; run;

*/ This step calculates percentages for each variable of interest/*

data EJresult; set CumState; PWhite = SWhite/ SPop; PBlack = SBlack/ SPop; PAI = SAI/ SPop; PAsian = SAsian/ SPop; POther = SOther/ SPop; MedInc = STotalI/ SHouse; PPov = SPov/ STotalP; PUnEmp = SUnEmp/ STotalE; PChild = SChildre/ SPop; PRural = SRural/ SPop; drop SPop SHouse SWhite SBlack SAI SAsian SOther STotalI SRural SChildre SUnEmp STotalE SPov STotalP; run;

*/ This step creates the output data set/*

data MPM. EJ_ result; Page 3 of 3 set EJresult; run;

*/ This step outputs the data set/*

PROC EXPORT DATA= MPM. EJ_ result OUTFILE= " C:\ My Documents\ SAS\ SAS Output\ MPM\ EJ_ result. xls" DBMS= EXCEL2000 REPLACE; RUN;


[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Pages 22402-22404]
[FR Doc No: 2010-9627]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0332; FRL-8822-6]

Methyl Parathion; Notice of Receipt of Request to Voluntarily
Cancel Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests by the registrants to voluntarily cancel
their registrations of products containing the pesticide methyl
parathion. The requests would delete methyl parathion use in or on
alfalfa, almonds, barley, canola/rapeseed, corn (field, pop, and
sweet), cotton, grass (forage), oats, onions, potatoes (sweet and
white), rice, rye, soybeans, sunflowers, walnuts, and wheat. The
requests would terminate the last methyl parathion products registered
for use in the United States. EPA intends to grant these requests at
the close of the comment period for this announcement unless the Agency
receives substantive comments within the comment period that would
merit its further review of the requests, or unless the registrants
withdraw their requests. If these requests are granted, any sale,
distribution, or use of products listed in this notice will be
permitted after the registration has been cancelled only if such sale,
distribution, or use is consistent with the terms as described in the
final order.

DATES: Comments must be received on or before May 28, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0332, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The

Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0332. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://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 regulations.gov or e-
mail. The regulations.gov website 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 e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the 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 docket index
available at http://www.regulations.gov. 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, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kelly Ballard, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1.  Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background on the Receipt of Requests to Cancel and/or Amend
Registrations to Delete Uses

    This notice announces receipt by EPA of a request from registrants
Cheminova A/S, Cheminova, Inc., and United Phosphorus, Inc. to cancel
methyl parathion product registrations. Methyl parathion is a
restricted use organophosphate insecticide and acaricide registered for
use on alfalfa, almonds, barley, canola/rapeseed, corn (field, pop, and
sweet), cotton, grass (forage), oats, onions, potatoes (sweet and
white), rice, rye, soybeans, sunflowers, walnuts, and wheat, with the
majority of use occurring on cotton, corn, and rice. There are no
residential uses. On March 29, 2010, Cheminova A/S, Cheminova, Inc.,
and United Phosphorus, Inc. and EPA signed a Memorandum of Agreement
(MOA) to voluntarily cancel all uses of pesticide product registrations
identified in Table 1 in Unit III. of this document. Specifically, the
MOA will terminate the last methyl parathion products registered in the
United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from registrants
to cancel uses of methyl parathion product registrations. The affected
products and the registrants making the requests are identified in
Tables 1 and 2 of this unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order canceling the
affected registrations.

 Table 1.--Methyl Parathion Product Registrations with Pending Requests
                            for Cancellation
------------------------------------------------------------------------
       Registration Number           Product Name           Company
------------------------------------------------------------------------
4787-33                           Cheminova Methyl    Cheminova A/S
                                   Parathion
                                   Technical
------------------------------------------------------------------------
67760-43                          Cheminova Methyl    Cheminova, Inc.
                                   Parathion 4 EC
------------------------------------------------------------------------
70506-193                         PENNCAP-M           United Phosphorus,
                                   Microencapsulated   Inc.
                                   Insecticide
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 of this unit, in
sequence by EPA company number. This number corresponds to the first
part of the EPA registration numbers of the products listed in Table 1.

         Table 2.--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
4787                                        Cheminova A/S
                                            1600 Wilson Boulevard, Suite
                                             700
                                            Arlington, VA 22209
------------------------------------------------------------------------
67760                                       Cheminova, Inc.
                                            1600 Wilson Boulevard, Suite
                                             700
                                            Arlington, VA 22209
------------------------------------------------------------------------
70506                                       United Phosphorus
                                            630 Freedom Business Center,
                                             Suite 402
                                            King of Prussia, PA 19406
------------------------------------------------------------------------

IV. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register.
    Section 6(f)(1)(B) of FIFRA requires that before acting on a
request for voluntary cancellation, EPA must provide a 30-day public
comment period on the request for voluntary cancellation or use
termination. In addition, section 6(f)(1)(C) of FIFRA requires that EPA
provide a 180-day comment period on a request for voluntary
cancellation or termination of any minor agricultural use before
granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
    The methyl parathion registrants have requested that EPA waive the
180-day comment period. Accordingly, EPA will provide a 30-day comment
period on the proposed requests.

V. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product
cancellation or use deletion should submit the withdrawal in writing to
the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for voluntary cancellation are granted, the
Agency intends to publish the cancellation order in the Federal
Register.
     In any order issued in response to this request for cancellation
of product registrations, EPA proposes to include the following
provisions for the treatment of any existing stocks of the products
listed in Table 1.
     As specified in the Memorandum of Agreement, all use, sales and
distributions of existing stocks of manufacturing-use products will be
prohibited as of December 31, 2012. All sales and distributions of end-
use products shall be prohibited as of August 31, 2013. Thereafter,
registrants will be prohibited from selling or distributing the
products identified in Table 1, except for export consistent with
section 17 of FIFRA or for proper disposal. Additionally, all use of
existing stocks of the end-use products shall be prohibited as of
December 31, 2013.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 16, 2010.
 Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.

[FR Doc. 2010-9627 Filed 4-27-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70691-70692]
[FR Doc No: 2023-22578]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-316, OMB Control No. 3235-0359]

Proposed Collection; Comment Request; Extension: Form N-17f-1

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

    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 (the ``Commission'') is soliciting comments on the
collections of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    Form N-17f-1 (17 CFR 274.219) is entitled ``Certificate of
Accounting of Securities and Similar Investments of a Management
Investment Company in the Custody of Members of National Securities
Exchanges.'' The form serves as a cover sheet to the accountant's
certificate that is required to be filed periodically with the
Commission pursuant to rule 17f-1 (17 CFR 270.17f-1) under the Act,
entitled ``Custody of Securities with Members of National Securities
Exchanges,'' which sets forth the conditions under which a fund may
place its assets in the custody of a member of a national securities
exchange. Rule 17f-1 requires, among other things, that an independent
public accountant verify the fund's assets at the end of every annual
and semi-annual fiscal period, and at least one other time during the
fiscal year as chosen by the independent accountant. Requiring an
independent accountant to examine the fund's assets in the custody of a
member of a national securities exchange assists Commission staff in
its inspection program and helps to ensure that the fund assets are
subject to proper auditing procedures. The accountant's certificate
stating that it has made an examination, and describing the nature and
the extent of the examination, must be attached to Form N-17f-1 and
filed with the Commission promptly after each examination. The form
facilitates the filing of the accountant's certificates, and increases
the accessibility of the certificates to both Commission staff and
interested investors.
    Commission staff estimates that it takes: (i) 1 hour of clerical
time to prepare and file Form N-17f-1; and (ii) 0.5 hour for the fund's
chief compliance officer to review Form N-17f-1 prior to filing with
the Commission, for a total of 1.5 hours. Each fund is required to make
3 filings annually, for a total annual burden per fund of approximately
4.5 hours.\1\ Commission staff estimates that an average of 21 funds
currently file Form N-17f-1 with the Commission 3 times each year, for
a total of 64 responses annually.\2\ The total annual hour burden for
Form N-17f-1 is therefore estimated to be approximately 95 hours.\3\
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    \1\ This estimate is based on the following calculation: (1.5
hours x 3 responses annually = 4.5 hours).
    \2\ This estimate is based on a review of Form N-17f-1 filings
made with the Commission over the last three years.
    \3\ This estimate is based on the following calculations: (4.5
hours x 21 funds = 94.5 total hours).
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    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules. Compliance with the collections of information
required by Form N-17f-1 is mandatory for funds that place their assets
in the custody of a national securities exchange member. Responses will
not be 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.
    Written comments are invited on: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted by December 11, 2023.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o John Pezzullo, 100 F Street NE, Washington, DC 20549 or send an
email to: [email protected].

    Dated: October 6, 2023.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 2023-22578 Filed 10-11-23; 8:45 am]
BILLING CODE 8011-01-P