[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73748-73749]
[FR Doc No: 2011-30632]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29867; 812-13935]

Genesis Capital, LLC and Northern Lights Fund Trust; Notice of
Application

November 21, 2011.
AGENCY: Securities and Exchange Commission (``Commission'').

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

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Summary of Application: Applicants request an order that would permit
them to enter into and materially amend subadvisory agreements without
shareholder approval.

Applicants: Genesis Capital, LLC (``Genesis Capital'' or the
``Adviser'') and Northern Lights Fund Trust (the ``Trust'').

DATES: Filing Dates: The application was filed on August 3, 2011, and
amended on November 14, 2011.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on December 16, 2011, and should be accompanied by proof of
service on the applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Hearing requests should state the nature of
the writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: Genesis Capital,
7191 Wagner Way NW., Suite 302, Gig Harbor, WA 98335; Trust: 4020 South
147th Street, Omaha, NE 68137.

FOR FURTHER INFORMATION CONTACT: Steven I. Amchan, Senior Counsel, at
(202) 551-6826, or Dalia Osman Blass, Assistant Director, at (202) 551-
6821 (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 as of November 9,
2011 was comprised of 123 individual registered series, including the
SCA Absolute Return Fund and the SCA Directional Fund (the ``Absolute
Return Fund'' and ``Directional Fund,'' respectively, and together, the
``SCA Funds''), and 10 additional series that are in registration. The
SCA Funds do not currently employ unaffiliated investment subadvisers
(each, a ``Subadviser''), but anticipate doing so in the future.\1\
Genesis Capital, a Washington limited liability company, is, and each
other Adviser will be, registered as an investment adviser under the
Investment Advisers Act of 1940 (``Advisers Act''). Genesis Capital
serves as the investment adviser of the Absolute Return Fund and
Directional Fund, and an Adviser will serve as investment adviser to
each future Fund, pursuant to investment advisory agreements
(``Advisory Agreements''). The SCA Funds' Advisory Agreements were
approved by the Trust's board of trustees (together with the board of
directors or trustees of any other Fund, the ``Board''), including a
majority of the trustees who are not ``interested persons,'' as defined
in section 2(a)(19) of the Act, of the Trust or the Adviser
(``Independent Trustees'') and will be approved by the initial
shareholder of the Absolute Return Fund and Directional Fund,
respectively, upon commencement of each respective Fund's operations.
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    \1\ Applicants also request relief with respect to any existing
or 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 or any entity controlling,
controlled by, or under common control with the Adviser or its
successors (included within the term ``Adviser''); (b) uses the
manager of managers structure (``Manager of Managers Structure'')
described in the application; and (c) complies with the terms and
conditions of the application (together with the SCA Funds, the
``Funds'' and each, individually, a ``Fund''). For the purposes of
the requested order, ``successor'' is limited to those one or more
entities that would result from a reorganization into another
jurisdiction or a change in the type of business organization. All
existing entities that currently intend to rely on the requested
order are named as applicants, and the Absolute Return Fund and
Directional Fund are the only series that currently intend to rely
on the requested order. If the name of any Fund contains the name of
a Subadviser, the name of the Adviser will precede the name of the
Subadviser.
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    2. Under the terms of the SCA Funds' Advisory Agreements, the
Adviser is responsible for the overall management of the Absolute
Return Fund's and Directional Fund's business affairs and selecting
investments according to their respective investment objectives,
policies and restrictions. For the investment management services that
it provides to those Funds, the Adviser receives the fee specified in
the Advisory Agreements. The Advisory Agreements also permit the
Adviser to retain one or more subadvisers for the purpose of managing
the investments of all or a portion of the assets of the Absolute
Return Fund and Directional Fund. Pursuant to this authority, the
Adviser may enter into investment subadvisory agreements with
Subadvisers to provide investment advisory services to the Absolute
Return Fund and Directional Fund, respectively (such agreements with
Subadvisers, ``Subadvisory Agreements''). Each Subadviser will be
registered as an investment adviser under the Advisers Act. The Adviser
will supervise, evaluate and allocate assets to the Subadvisers, and
make recommendations to the Board about their hiring, retention or
release, at all times subject to the authority of the Board. The
Adviser will compensate each Subadviser out of the fees paid to the
Adviser under the Advisory Agreement.
    3. Applicants request an order to permit the Adviser, subject to
Board approval, to enter into and materially amend Subadvisory
Agreements without obtaining shareholder approval. The requested relief
will not extend to any subadviser that is an affiliated person, as
defined in section 2(a)(3) of the Act, of the Trust, a Fund or the
Adviser, other than by reason of serving as a subadviser to one or more
of the Funds (``Affiliated Subadviser'').

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of securities in a series investment company affected by a

matter must approve that matter if the Act requires shareholder
approval.
    2. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants state that the requested relief meets this standard.
    3. Applicants assert that the shareholders expect the Adviser and
the Board to select the Subadvisers for the Funds that are best suited
to achieve each Fund's investment objective. Applicants assert that,
from the perspective of the investor, the role of the Subadvisers is
substantially equivalent 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 Agreements 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, including the
requirement for shareholder voting.

Applicants' Conditions

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

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30632 Filed 11-28-11; 8:45 am]
BILLING CODE 8011-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA, OECA, Office of Compliance 2. OMB control number b. G None a 2060 0362 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title NESHAP/ MACT 40 CFR Part 63, Subpart DDD  Mineral Wool Production 8. Agency form number( s) ( If applicable) 1799.02 9. Keywords Air Pollution Control, Environmental Protection 10. Abstract This NESHAP/ MACT affects owners and operators of mineral wool production facilities. It applies to each cupola and/ or curing oven at existing, new, or reconstructed mineral wool production facilities. Owners and operators must conduct initial performance tests, continuously monitor operating and control device parameters, prepare semiannual reports of control device operating parameter exceedances, and record startups, shutdowns, and malfunctions.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 13 b. Total annual responses 26 1. Percentage of these responses collected electronically % c. Total hours requested 5,779 d. Current OMB inventory 6,107 e. Difference ( 328) f. Explanation of difference 1. Program Change 2. Adjustment ( 328) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 96 b. Total annual costs ( O& M) $ 4 c. Total annualized cost requested $ 100 d. Current OMB inventory $ 21 e. Difference $ 79 f. Explanation of difference 1. Program change 2. Adjustment $ 79 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c. Q Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) Initial Performance 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Gregory Fried Phone: ( 202) 564 7016 OMB 83 I 10/ 95


[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Notices]
[Page 53060-53062]
[DOCID:fr12se08-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58460; File No. SR-CBOE-2008-90]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of Proposed Rule Change Related to
Trades in Restricted Classes

September 4, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 29, 2008, the Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.25, Nullification and
Adjustment of Equity Options Transactions, and Rule 24.16,
Nullification and Adjustment of Transactions in Index Options, Options
on ETFs and Options on HOLDRS. The Exchange is proposing to amend the
rules to permit the nullification of opening transactions that do not
satisfy the requirements of Rule 5.4, Withdrawal of Approval of
Underlying Securities. The Exchange is also proposing to amend Rule 5.4
to make clear that its restrictions on opening transactions, which
apply to previously opened options series of a class that no longer
meets the then current requirements for trading, apply to both opening
purchase transactions and opening sell transactions. Currently the rule
text only references opening purchase transactions. The text of the
proposed rule change is available on the Exchange's Web site (http://
www.cboe.org/Legal), at the Office of the Secretary, CBOE and at the
Commission.

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

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

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

1. Purpose
    The Exchange is proposing to amend its obvious error rules to
permit the nullification of opening transactions in ``restricted
series'' that do not satisfy the requirements of Rule 5.4.\3\
Currently, when the Exchange makes a determination that trading in a
series is restricted pursuant to Rule 5.4, the Exchange notifies the
membership of that determination through issuance of a regulatory
circular. In addition, the Exchange's systems are programmed to
automatically restrict the entry of electronic opening transactions.
However, opening orders entered in open outcry are not systemically
prevented and, in addition, opening market-maker activity is still
permitted both electronically and in open outcry. As a result, it is
possible that an opening transaction that does not satisfy the
requirements of Rule 5.4 may occur inadvertently.
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    \3\ In relevant part, Rule 5.4 provides that, whenever the
Exchange determines that an underlying security previously approved
for Exchange option transactions does not meet the then current
requirements for continuance of such approval or for any other
reason should no longer be approved, the Exchange will not open for
trading any additional series of options of the class covering that
underlying security and therefore two floor officials, in
consultation with a designated senior executive officer of the
Exchange, may prohibit any opening purchase transactions in series
of options of that class previously opened (except that (i) opening
transactions by Market-Makers executed to accommodate closing
transactions of other market participants and (ii) opening
transactions by CBOE member organizations to facilitate the closing
transactions of public customers executed as crosses pursuant to and
in accordance with paragraph (b) or (d) of Rule 6.74, Crossing
Orders, may be permitted), to the extent it deems such action
necessary or appropriate (such series are referred to herein and in
the proposed new text in Rules 6.25 and 24.16 as ``restricted
series''); provided, however, that where exceptional circumstances
have caused an underlying security not to comply with the Exchange's
current approval maintenance requirements, regarding number of
publicly held shares or publicly held principal amount, number of
shareholders, trading volume or market price the Exchange, in the
interest of maintaining a fair and orderly market or for the
protection of investors, may determine to continue to open
additional series of option contracts of the class covering that
underlying security.
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    In order to address these scenarios, the Exchange is proposing to
permit the nullification of opening transactions in a Rule 5.4
restricted series provided notification is received by designated
personnel in the Exchange's control room from any member or person
associated with a member that believes it participated in such
transaction within the timeframes prescribed in Rules 6.25(b)(1) and
24.16(b)(1). In addition, absent unusual circumstances, designated
personnel in the control room (either on their own motion or upon
request of a member) would initiate action within sixty (60) minutes of
such a transaction. Such actions would be reviewed and determinations
rendered by the senior official in the control room. The Exchange
believes it is reasonable and appropriate for the senior official to
render these decisions given the simple and objective nature of this
particular type of proposed obvious error, which involves opening
transactions in a series in which the Exchange has restricted opening
trading activity pursuant to Rule 5.4.\4\ The Exchange also notes that
any determinations rendered by the senior official would be subject to
the same review procedures as determinations rendered by Trading
Officials.
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    \4\ The senior official in the control room has authority to
render other determinations elsewhere in our rules. For example, if
the Hybrid Trading System has not opened a series of a class because
there is no quote present that complies with the legal width
requirements or the opening price is not within an acceptable range,
the senior official in the control room may authorize the opening of
the affected series where necessary to ensure a fair and orderly
market. See paragraph (f) of Rule 6.2B, Hybrid Opening System
(``HOSS'').
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    In connection with this rule change, the Exchange is proposing to
clarify that an obvious error rule action may be initiated by a member
through contacting either a Trading Official or designated personnel in
the control room.\5\ Currently the rule simply references Trading
Officials, which includes several of the Exchange staff in our control
room. Thus, for administrative convenience, we wish to clarify that
simply contacting Trading Officials or designated personnel in the
control room is sufficient to initiate action. Once either a Trading
Official or a control room designee is contacted, all reviews and
determinations shall continue to be rendered by the Trading Officials
except that, as proposed herein, actions to nullify an opening trade in
a restricted series shall be reviewed and determinations rendered by
the senior official in the control room.
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    \5\ We note that the procedures of other markets currently allow
for the initiation of an obvious error review by contacting
designated personnel in their respective control rooms. See, e.g.,
International Securities Exchange (``ISE'') Rule 720, Obvious and
Catastrophic Errors (which provides that ISE members who believe
they participated in a transaction that was an obvious error must
notify designated personnel in ISE's market control center to
initiate a review).
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    Lastly, the Exchange is proposing to clarify in the text of Rule
5.4 that the restrictions on opening transactions contained in the
rule, as well as the related exceptions, apply to both opening
purchases and opening sales in restricted series. Currently, the rule
text indicates that the restrictions are applicable only to opening
purchase transactions; however, it is the Exchange's intention that the
restriction, and related exceptions, should also apply to opening
sales. Proposed changes to the rule text make this clear.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the Act \6\ and the rules and regulations thereunder and, in
particular, the requirements of section 6(b) of the Act.\7\
Specifically, the Exchange believes the

proposed rule change is consistent with the section 6(b)(5) \8\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts, to remove impediments to and to perfect the
mechanism for a free and open market and a national market system, and,
in general, to protect investors and the public interest. The proposed
rule change would help the Exchange more efficiently address scenarios
where an opening transaction that does not satisfy the requirements of
Rule 5.4 may occur inadvertently.
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    \6\ 15 U.S.C. 78f(b)(1).
    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2008-90 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2008-90. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2008-90 and should be
submitted on or before September 29, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21164 Filed 9-11-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Notices]
[Page 7739-7740]
[DOCID:fr11fe08-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER08-326-000; ER08-326-001 Lehigh Capital, LLC]

Notice of Issuance of Order

February 1, 2008.
    Lehigh Capital, LLC (Lehigh Capital) filed an application for
market-based rate authority, with accompanying rate schedule. The
proposed market-based rate schedule provides for the sale of

energy and capacity at market-based rates. Lehigh Capital also
requested waivers of various Commission regulations. In particular,
Lehigh Capital requested that the Commission grant blanket approval
under 18 CFR part 34 of all future issuances of securities and
assumptions of liability by Lehigh Capital.
    On January 31, 2008, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development-West, granted the requests
for blanket approval under part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by Lehigh Capital, should file a protest 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, 385.214 (2007). The
Commission encourages the electronic submission of protests using the
FERC Online link at http://www.ferc.gov.

    Notice is hereby given that the deadline for filing protests is
March 3, 2008.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, Lehigh Capital is authorized to issue
securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issuance or assumption is for some lawful
object within the corporate purposes of Lehigh Capital, compatible with
the public interest, and is reasonably necessary or appropriate for
such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Lehigh Capital's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-2408 Filed 2-8-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74749-74751]
[FR Doc No: 2014-29440]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2013-1064; OMB Control Number 1625--NEW]

Collection of Information Under Review by Office of Management
and Budget

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding Information Collection Requests (ICRs),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting approval of
the following collection of information: 1625--NEW, District Five,
Coast Guard Auxiliary Safety Survey. Review and comments by OIRA ensure
we only impose paperwork burdens commensurate with our performance of
duties.

DATES: Comments must reach the Coast Guard and OIRA on or before
January 15, 2015.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2013-1064] to the Docket Management Facility (DMF) at the
U.S. Department of Transportation (DOT) and/or to OIRA. To avoid
duplicate submissions, please use only one of the following means:
    (1) Online: (a) To Coast Guard docket at http://www.regulations.gov. (b) To OIRA by email via<EMAIL_ADDRESS>    (2) Mail: (a) DMF (M-30), DOT, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. (b) To
OIRA, 725 17th Street NW., Washington, DC 20503, attention Desk Officer
for the Coast Guard.
    (3) Hand Delivery: To DMF address above, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
202-366-9329.
    (4) Fax: (a) To DMF,<PHONE_NUMBER>. (b) To OIRA at<PHONE_NUMBER>. To
ensure your comments are received in a timely manner, mark the fax,
attention Desk Officer for the Coast Guard.
    The DMF maintains the public docket for this Notice. Comments and
material received from the public, as well as documents mentioned in
this Notice as being available in the docket, will become part of the
docket and will be available for inspection or copying at Room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find the docket on the Internet
at http://www.regulations.gov.
    Copies of the ICRs are available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, US COAST
GUARD, 2703 MARTIN LUTHER KING JR. AVE. SE., STOP 7710, WASHINGTON, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Anthony Smith, Office of Information
Management, telephone<PHONE_NUMBER> or fax<PHONE_NUMBER>, for questions
on these documents. Contact Ms. Cheryl Collins, Program Manager, Docket
Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 35, as amended. An ICR is an application to OIRA
seeking the approval, extension, or renewal of a Coast Guard collection
of information (Collection). The ICR contains information describing
the Collection's purpose, the Collection's likely burden on the
affected public, an explanation of the necessity of the Collection, and
other important information describing the Collections. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether these ICRs should be
granted based on the Collections being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collections; (2) the accuracy of the estimated burden of the
Collections; (3) ways to enhance the quality, utility, and clarity of
information subject to the Collections; and (4) ways to minimize the
burden of the Collections on respondents, including the use of
automated collection techniques or other forms of information
technology. These comments will help OIRA determine whether to approve
the ICRs referred to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG 2013-1064], and must be received by January 15,
2015. We will post all comments received, without change, to http://www.regulations.gov. They will include any personal information you
provide. We have an agreement with DOT to use their DMF. Please see the
``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number [USCG-
2013-1064]; indicate the specific section of the document to which each
comment applies, providing a reason for each comment. You may submit
your comments and material online (via http://www.regulations.gov), by
fax, mail, or hand delivery, but please use only one of these means. If
you submit a comment online via www.regulations.gov, it will be
considered received by the Coast Guard when you successfully transmit
the comment. If you fax, hand deliver, or mail your comment, it will be
considered as having been received by the Coast Guard when it is
received at the DMF. We recommend you include your name, mailing
address, an email address, or other contact information in the body of
your document so that we can contact you if we have questions regarding
your submission.
    You may submit comments and material by electronic means, mail,
fax, or delivery to the DMF at the address under ADDRESSES, but please
submit them by only one means. To submit your comment online, go to
http://www.regulations.gov, and type ``USCG-2013-1064'' in the
``Search'' box. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and will address them accordingly.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this Notice as
being available in the docket, go to http://www.regulations.gov, click
on the ``read comments'' box, which will then become highlighted in
blue. In the ``Search'' box insert ``USCG-2013-1064'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the DMF in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Numbers: 1625--NEW.

Privacy Act

    Anyone can search the electronic form of comments received in
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act statement
regarding Coast Guard public dockets in the January 17, 2008, issue of
the Federal Register (73 FR 3316).

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (79 FR 13318, March 10, 2014)
required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments.

Information Collection Request

    1. Title: District Five, Coast Guard Auxiliary Safety Survey.
    OMB Control Number: 1625--NEW.
    Type of Request: This is a new Collection.
    Respondents: District Five Auxiliarists.
    Abstract: This information collection is associated with Safety and
Risk Management (SARM) Council initiatives to enhance operational
safety throughout District Five. The SARM Council plans to utilize an
online survey to conduct a safety/hazard assessment for organizational
volunteers engaged in Coast Guard operations.
    Forms: None.
    Burden Estimate: This is a new Information Collection Request
(ICR).
    The estimated burden is 533 annual hours.

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

    Dated: December 5, 2014.
Thomas P. Michelli,
Acting Chief Information Officer, U.S. Coast Guard.
[FR Doc. 2014-29440 Filed 12-15-14; 8:45 am]
BILLING CODE 9110-04-P


Comment Info: =================

General Comment: Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I think it is more than reasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.  Please allow me/us the opportunity?

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Thank you in advance.


[Federal Register: November 15, 2005 (Volume 70, Number 219)]
[Notices]
[Page 69366]
[DOCID:fr15no05-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 35-28058]

Filings Under the Public Utility Holding Company Act of 1935, as
Amended (``Act'')

November 7, 2005.
    Notice is hereby given that the following filing(s) has/have been
made with the Commission under provisions of the Act and rules
promulgated under the Act. All interested persons are referred to the
application(s) and/or declaration(s) for complete statements of the
proposed transaction(s) summarized below. The application(s) and/or
declaration(s) and any amendment(s) is/are available for public
inspection through the Commission's Branch of Public Reference.
    Interested persons wishing to comment or request a hearing on the
application(s) and/or declaration(s) should submit their views in
writing by December 2, 2005, to the Secretary, Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-9303, and serve a
copy on the relevant applicant(s) and/or declarant(s) at the
address(es) specified below. Proof of service (by affidavit or, in the
case of an attorney at law, by certificate) should be filed with the
request. Any request for hearing should identify specifically the
issues of facts or law that are disputed. A person who so requests will
be notified of any hearing, if ordered, and will receive a copy of any
notice or order issued in the matter. After December 2, 2005, the
application(s) and/or declaration(s), as filed or as amended, may be
granted and/or permitted to become effective.

Entergy Corporation, et. al. (70-10335)

    Entergy Corporation (``Entergy''), 639 Loyola Avenue, New Orleans,
LA 70113, a registered holding company under the Act, and Entergy's
direct public utility subsidiary Entergy New Orleans, Inc. (``New
Orleans''), 1600 Perdido Building, New Orleans, LA, 70112, have filed a
declaration/application (``Declaration'') under sections 6(a), 7, 9(a),
10 and 12(b) of the Act and rule 45 under the Act.

I. Background

    New Orleans serves approximately 190,000 electric and 147,000 gas
customers in Orleans parish, including the City of New Orleans,
Louisiana (``City''). On September 23, 2005, New Orleans filed a
petition (``Voluntary Petition'') for relief under Chapter 11 of the
United States Bankruptcy Code (``Bankruptcy Code'') in the United
States Bankruptcy Court for the Eastern District of Louisiana
(``Bankruptcy Court''). The Voluntary Petition was precipitated by the
unanticipated and devastating impact of Hurricane Katrina, which
destroyed substantial portions of New Orleans' facilities, disrupted
its revenues, and, with the evacuation of the City, eliminated at least
in the short term, the quality of New Orleans' rate base, which is
directly linked to the fortunes of the City. New Orleans is continuing
in possession of its properties and has continued to operate its
business as a debtor-in-possession pursuant to sections 1107(a) and
1108 of the Bankruptcy Code.
    By order dated September 26, 2005 (Holding Company Act Release No.
28036) (``Original Order'') Entergy and New Orleans were authorized,
among other things,\1\ to enter into a $200 million credit agreement
(``Credit Facility'') pursuant to which New Orleans could borrow up to
$150 million from Entergy in order to enable New Orleans to pay its
vendors and suppliers, including a payment on September 26, 2005, of
approximately $36 million to fuel suppliers, to make payroll, to make
capital expenditures, and to satisfy other working capital and
operational needs.
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    \1\ Under the Original Order, the Commission also modified the
terms of two outstanding Commission orders eliminating the
requirement that New Orleans maintain common equity of at least 30%
of its total capitalization and maintain investment grade credit
ratings on securities of New Orleans that are rated. See Holding
Company Act Release No. 27864 (June 30, 2004) and Holding Company
Act Release No. 27918 (November 30, 2004).
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    All borrowings by New Orleans under the Credit Facility are secured
by a first lien on all unencumbered property of New Orleans and a
junior lien on property subject to existing liens, including liens
under a mortgage and deed of trust dated as of May 1, 1987 with the
Bank of New York as successor trustee and Stephen J. Giurlando as
successor co-trustee, and a loan agreement effective as of July 6, 2004
and a security agreement effective July 2005 between Hibernia National
Bank and New Orleans.
    Borrowings under the Credit Facility must be repaid by New Orleans
not later than August 23, 2006 and bear interest at a rate, calculated
daily, equal to Entergy's effective cost of funds rate (currently
approximately 4.6%), as determined under a credit agreement between
Entergy and Citibank, N.A., as administrative agent.

II. Requested Authorization

    New Orleans' has borrowed $60 million under the Credit Facility.
However, Applicants state that they anticipate that New Orleans will
require funding under the Credit Facility in an aggregate amount in
excess of the $150 million authorized under the Original Order.
    The Applicants request that the Commission increase New Orleans'
authority to borrow from Entergy (70-10335) under the Credit Facility
by $50 million, so as to allow it to borrow up to $200 million
aggregate principal amount \2\ from time to time through February 8,
2006.\3\
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    \2\ On September 26, 2005, the Bankruptcy Court entered an
interim order authorizing New Orleans to borrow up to $100 million
under the Credit Facility, until entry of the final order in the
proceeding, and to execute, deliver and perform the Credit Facility.
On October 26, 2005, the Bankruptcy Court authorized New Orleans to
increase its borrowing limit to up to $200 million under the Credit
Facility.
    \3\ The Energy Policy Act of 2005 repealed the Public Utility
Holding Company Act of 1935, effective February 8, 2006.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Jonathan G. Katz,
Secretary.
 [FR Doc. E5-6264 Filed 11-14-05; 8:45 am]

BILLING CODE 8010-01-P