[Federal Register Volume 86, Number 71 (Thursday, April 15, 2021)]
[Notices]
[Page 19884]
[FR Doc No: 2021-07671]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2015-0765; FRL-10021-18-ORD]

Board of Scientific Counselors (BOSC) Homeland Security
Subcommittee Meeting--May 2021

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public meeting.

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SUMMARY: The Environmental Protection Agency (EPA), Office of Research
and Development (ORD), gives notice of a series of virtual meetings of
the Board of Scientific Counselors (BOSC) Homeland Security (HS)
Subcommittee to review progress on implementation of the Homeland
Security Strategic Research Action Plan (StRAP).

DATES:
    1. The initial meeting will be held over five days via
videoconference:
    a. Monday, May 17, 2021, from 12 p.m. to 5 p.m. (EDT);
    b. Tuesday, May 18, 2021, from 12 p.m. to 5 p.m. (EDT);
    c. Wednesday, May 19, 2021, from 12 p.m. to 5 p.m. (EDT);
    d. Thursday, May 20, 2021, from 12 p.m. to 5 p.m. (EDT); and
    e. Friday, May 21, 2021, from 12 p.m. to 5 p.m. (EDT).
    Attendees must register by May 16, 2021.
    2. A BOSC deliberation will be held on June 3, 2021, from 2 p.m. to
5 p.m. (EDT).
    Attendees must register by June 2, 2021.
    3. A final summary teleconference will be held on June 17, 2021,
from 11 a.m. to 2 p.m. (EDT). Attendees must register by June 16, 2021.
    Meeting times are subject to change. This series of meetings are
open to the public. Comments must be received by May 16, 2021, to be
considered by the subcommittee. Requests for the draft agenda or making
a presentation at the meeting will be accepted until May 16, 2021.

ADDRESSES: Instructions on how to connect to the videoconference will
be provided upon registration at https://epa-bosc-homeland-security-subcommittee-mtg-2021.eventbrite.com.
    Submit your comments to Docket ID No. EPA-HQ-ORD-2015-0765 by one
of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
    [ssquf] Note: comments submitted to the www.regulations.gov website
are anonymous unless identifying information is included in the body of
the comment.
     Email: Send comments by electronic mail (email) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2015-0765.
    [ssquf] Note: comments submitted via email are not anonymous. The
sender's email will be included in the body of the comment and placed
in the public docket which is made available on the internet.
    Instructions: All comments received, including any personal
information provided, will be included in the public docket without
change and may be made available online at www.regulations.gov.
Information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute will not be
included in the public docket, and should not be submitted through
www.regulations.gov or email. For additional information about the
EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/dockets.
    Public Docket: Publicly available docket materials may be accessed
Online at www.regulations.gov.
    Copyrighted materials in the docket are only available via hard
copy. The telephone number for the ORD Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer (DFO),
Tom Tracy, via phone/voicemail at:<PHONE_NUMBER>; or via email at:
<EMAIL_ADDRESS>    Any member of the public interested in receiving a draft agenda,
attending the meeting, or making a presentation at the meeting should
contact Tom Tracy no later than May 16, 2021.

SUPPLEMENTARY INFORMATION: The Board of Scientific Counselors (BOSC) is
a federal advisory committee that provides advice and recommendations
to EPA's Office of Research and Development on technical and management
issues of its research programs. The meeting agenda and materials will
be posted to https://www.epa.gov/bosc.
    Proposed agenda items for the meeting include, but are not limited
to, the following: review progress on implementation of the Homeland
Security Strategic Research Action Plan (StRAP).
    Information on Services Available: For information on translation
services, access, or services for individuals with disabilities, please
contact Tom Tracy at<PHONE_NUMBER> or<EMAIL_ADDRESS>To request
accommodation of a disability, please contact Tom Tracy at least ten
days prior to the meeting to give the EPA adequate time to process your
request.

    Authority: Pub. L. 92-463, 1, Oct. 6, 1972, 86 Stat. 770.

Mary Ross,
Director, Office of Science Advisor, Policy and Engagement.
[FR Doc. 2021-07671 Filed 4-14-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Pages 4802-4803]
[FR Doc No: 2019-02583]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0031; FRL-9984-15-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Agricultural Worker Protection Standard
Training, Notification, and Recordkeeping (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted the
following information collection request (ICR) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act (PRA): ``Agricultural Worker Protection
Standard Training, Notification, and Recordkeeping'' (EPA ICR Number
2491.04 and OMB Control Number 2070-0190). This is a request to renew
the approval of an existing ICR, which is currently approved. EPA did
not receive any comments in response to the previously provided public
review opportunity issued in the Federal Register on May 30, 2018. With
this submission, EPA is providing an additional 30 days for public
review.

DATES: Comments must be received on or before March 21, 2019.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2018-0031, to: (1) EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
docket without change, including any personal information provided,
unless the comment includes profanity, threats, information claimed to
be Confidential Business Information (CBI), or other information whose
disclosure is restricted by statute. Do not submit electronically any
information you consider to be CBI or other information whose
disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Ryne Yarger, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Docket: Supporting documents, including the ICR that explains in
detail the information collection activities and the related burden and
cost estimates that are summarized in this document, are available in
the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William
Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number for the Docket Center is (202)
566-1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    ICR status: Under OMB regulations, the Agency may continue to
conduct or sponsor the collection of information while this submission
is pending at OMB. Under PRA, 44 U.S.C. 3501 et seq., an agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information, unless it displays a currently valid OMB
control number. The OMB control numbers are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers for certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This ICR estimates the recordkeeping and third-party
response burden of paperwork activities that covers the information
collection requirements contained in the Worker Protection Standard
(WPS) regulations at 40 CFR part 170. These requirements were updated
in a 2015 Final Rule (80 FR 67495, November 2, 2015) that amended 40
CFR part 170.
    Prior to the regulatory update, the WPS regulations already had
provisions for training and notification of pesticide-related
information for workers who enter pesticide-treated areas after
pesticide application to perform crop-related tasks, as well as for
handlers who mix, load, and apply pesticides. Agricultural employers
and commercial pesticide handling establishments are responsible for
providing required training, notifications and information to their
employees to ensure worker and handler safety. The changes to the
regulation in 2015 improved protections and included revisions to many
of the provisions as well as the addition of new requirements. The WPS
regulation now includes expanded and more frequent training for workers
and handlers, improved posting of pesticide-treated areas, additional
information for workers before they enter a pesticide-treated area
while a restricted entry interval is in effect, access to more general
and application-specific information about pesticides used on the
establishment, and recordkeeping of training to improve enforceability
and compliance.
    Respondents/Affected Entities: Agricultural employers on
agricultural establishments, including employers in farms as well as in
nursery, forestry, and greenhouse establishments.
    Respondent's obligation to respond: Mandatory (40 CFR 170).
    Estimated total number of potential respondents: Approximately
985,000 agricultural establishments/employers and approximately
1,995,000 agricultural workers/handlers.
    Frequency of response: Annually or on occasion, depending on the
activity.

    Total estimated annual burden: 10,448,160 hours. Burden is defined
at 5 CFR 1320.3(b).
    Total estimated annual costs: $433,264,055, includes no annualized
capital investment or maintenance and operational costs.
    Changes in the estimates: There is no change in the number of hours
in the total estimated respondent burden compared with that identified
in the ICR currently approved by OMB. There is an increase of 3,220
respondents, which is the result of a correction to the Agency's
previously reported bottom-line annual estimates. Although the full
burden analysis for the currently approved ICR properly accounted for
burden imposed on these respondents, these respondents were
inadvertently omitted from the total number of respondents reported to
OMB. This change is an adjustment.

Courtney Kerwin,
Director, Collection Strategies Division.
[FR Doc. 2019-02583 Filed 2-15-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Notices]
[Page 58687-58691]
[DOCID:fr07oc08-120]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28429; 812-13530]

Aberdeen Asset Management Inc. and Aberdeen Funds, et al.; Notice
of Application

September 30, 2008.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order under section 12(d)(1)(J) of
the Investment Company Act of 1940 (``Act'') for an exemption from
sections 12(d)(1)(A) and (B) of the Act, and under sections 6(c) and
17(b) of the Act for an exemption from section 17(a) of the Act.

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    Summary of the Application: Applicants request an order that would
permit certain series of registered open-end management investment
companies to acquire shares of other registered open-end management
investment companies and unit investment trusts that are within or
outside the same group of investment companies.
    Applicants: Aberdeen Funds (the ``Trust'') and Aberdeen Asset
Management Inc. (the ``Adviser'').
    Filing Dates: The application was filed on May 8, 2008. Applicants
have agreed to file an amendment during the notice period, the
substance of which is reflected herein.
    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 October 27, 2008, and should be accompanied by proof of
service on applicants in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants: Adviser, 1735
Market Street, 37th Floor, Philadelphia, PA 19103; Trust, 5 Tower
Bridge, 300 Barr Harbor Drive, Ste. 300, West Conshohocken, PA 19428.

FOR FURTHER INFORMATION CONTACT: Jean Minarick, Senior Counsel, at
(202) 551-6811, or Marilyn Mann, Branch Chief, at<PHONE_NUMBER>
(Office of Investment Company Regulation, Division of Investment
Management).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549-1520 (telephone<PHONE_NUMBER>).

Applicants' Representations

    1. The Trust, a Delaware statutory trust, is registered under the
Act as an open-end management investment company and offers multiple
series, each of which has its own distinct investment objectives and
policies (``Funds'').\1\ The Trust currently offers 26 Funds. The
Aberdeen Optimal Allocations Fund: Defensive; Aberdeen Optimal
Allocations Fund: Moderate; Aberdeen Optimal Allocations Fund: Moderate
Growth; Aberdeen Optimal Allocations Fund: Growth; and Aberdeen Optimal
Allocations Fund: Specialty (collectively, the ``Optimal Allocation
Funds'') are the only Funds that currently intend to rely on the
requested relief. Shares of the Optimal Allocation Funds are offered
directly to the public and may be offered to insurance company separate
accounts (``Separate Accounts'') that fund variable annuity and
variable life insurance contracts (``Variable Contracts'') issued by
insurance companies that are not affiliates of the Adviser. The
Separate Accounts may be registered under the Act (``Registered
Separate Accounts''), or unregistered thereunder (``Unregistered
Separate Accounts'').
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    \1\ Applicants request that the order extend to any future
series of the Trust, and any other existing or future registered
open-end management investment companies and their series that are
part of the same group of investment companies, as defined in
section 12(d)(1)(G)(ii) of the Act, as the Trust and are, or may in
the future be, advised by the Adviser or any other investment
adviser controlling, controlled by, or under common control with the
Adviser (included in the term, ``Funds''). The Trust is the only
registered investment company that currently intends to rely on the
requested order. Any other entity that relies on the order in the
future will comply with the terms and conditions of the application.
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    2. The Adviser is a Delaware corporation and a registered
investment adviser under the Investment Advisers Act of 1940, and
serves as investment adviser to each Fund. The Adviser is a wholly
owned subsidiary of Aberdeen Asset Management PLC.
    3. Applicants request relief to permit: (a) Certain Funds (each a
``Fund of Funds'') to acquire shares of registered open-end management
investment

companies (the ``Unaffiliated Funds'') and unit investment trusts
(``Unaffiliated Trusts,'' and together with the Unaffiliated Funds, the
``Unaffiliated Underlying Funds'') that are not part of the same
``group of investment companies'' as defined in section 12(d)(1)(G)(ii)
of the Act; (b) the Unaffiliated Funds, their principal underwriters
and any broker or dealer (``Broker'') registered under the Securities
Exchange Act of 1934 to sell their shares to the Fund of Funds; (c) the
Funds of Funds to acquire shares of certain other Funds (the
``Affiliated Funds,'' and together with the Unaffiliated Underlying
Funds, the ``Underlying Funds''); and (d) the Affiliated Funds, their
principal underwriters and any Brokers to sell their shares to the Fund
of Funds. Certain of the Unaffiliated Underlying Funds have obtained
exemptions from the Commission to permit their shares to be listed and
traded on a national securities exchange at negotiated prices
(``ETFs''). Each Fund of Funds may also invest in other securities and
financial instruments that are not issued by registered investment
companies and are consistent with its investment objective and
restrictions. Any investment adviser to a Fund of Funds that meets the
definition of section 2(a)(20)(A) of the Act is referred to as ``Fund
of Funds' Adviser.''

Applicants' Legal Analysis

Section 12(d)(1)

    1. Section 12(d)(1)(A) of the Act prohibits a registered investment
company from acquiring shares of an investment company if the
securities represent more than 3% of the total outstanding voting stock
of the acquired company, more than 5% of the total assets of the
acquiring company, or, together with the securities of any other
investment companies, more than 10% of the total assets of the
acquiring company. Section 12(d)(1)(B) of the Act prohibits a
registered open-end investment company, its principal underwriter and
any broker or dealer from selling the shares of the investment company
to another investment company if the sale will cause the acquiring
company to own more than 3% of the acquired company's voting stock, or
if the sale will cause more than 10% of the acquired company's voting
stock to be owned by investment companies generally.
    2. Section 12(d)(1)(J) 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 section
12(d)(1) if the exemption is consistent with the public interest and
the protection of investors. Applicants seek an exemption under section
12(d)(1)(J) of the Act from the limitations of sections 12(d)(1)(A) and
(B) to the extent necessary to permit the Funds of Funds to acquire
shares of the Underlying Funds in excess of the limits set forth in
section 12(d)(1)(A) of the Act and to permit the Unaffiliated Funds and
Affiliated Funds, their principal underwriters and any Broker to sell
their shares to the Funds of Funds in excess of the limits set forth in
section 12(d)(1)(B) of the Act.
    3. Applicants state that the proposed arrangement will not give
rise to the policy concerns underlying sections 12(d)(1)(A) and (B),
which include concerns about undue influence by a fund of funds or its
affiliated persons over underlying funds, excessive layering of fees,
and overly complex fund structures. Accordingly, applicants believe
that the requested exemption is consistent with the public interest and
the protection of investors.
    4. Applicants state that the proposed arrangement will not result
in undue influence by a Fund of Funds or its affiliated persons over
the Underlying Funds. The concern about undue influence does not arise
in connection with a Fund of Funds' investment in the Affiliated Funds,
since they are part of the same group of investment companies. To limit
the control that a Fund of Funds or its affiliated persons may have
over an Unaffiliated Underlying Fund, applicants submit that: (a) The
Fund of Funds' Adviser and any person controlling, controlled by or
under common control with the Fund of Funds' Adviser, any investment
company and any issuer that would be an investment company but for
section 3(c)(1) or section 3(c)(7) of the Act advised or sponsored by
the Fund of Funds' Adviser or any person controlling, controlled by or
under common control with the Fund of Funds' Adviser (collectively, the
``Group''); and (b) any investment adviser within the meaning of
section 2(a)(20)(B) of the Act to a Fund of Funds (``Fund of Funds'
Sub-Adviser''), any person controlling, controlled by or under common
control with the Fund of Funds' Sub-Adviser, and any investment company
or issuer that would be an investment company but for section 3(c)(1)
or 3(c)(7) of the Act (or portion of such investment company or issuer)
advised or sponsored by the Fund of Funds' Sub-Adviser or any person
controlling, controlled by or under common control with the Fund of
Funds' Sub-Adviser (collectively, the ``Sub-Adviser Group'') will not
control (individually or in the aggregate) an Unaffiliated Underlying
Fund within the meaning of section 2(a)(9) of the Act.
    5.Applicants further state that condition 2 below precludes a Fund
of Funds or the Fund of Funds' Adviser, any Fund of Funds' Sub-Adviser,
promoter or principal underwriter of a Fund of Funds, as well as any
person controlling, controlled by, or under common control with any of
those entities (each, a ``Fund of Funds Affiliate'') from taking
advantage of an Unaffiliated Underlying Fund with respect to
transactions between a Fund of Funds or a Fund of Funds Affiliate and
the Unaffiliated Underlying Fund or its investment adviser(s), sponsor,
promoter, and principal underwriter and any person controlling,
controlled by or under common control with any of those entities (each,
an ``Unaffiliated Fund Affiliate''). No Fund of Funds or Fund of Funds
Affiliate (except to the extent it is acting in its capacity as an
investment adviser to an Unaffiliated Fund or sponsor to an
Unaffiliated Trust) will cause an Unaffiliated Underlying Fund to
purchase a security in an offering of securities during the existence
of any underwriting or selling syndicate of which a principal
underwriter is an officer, director, trustee, advisory board member,
Fund of Funds' Adviser, Fund of Funds' Sub-Adviser or employee of the
Fund of Funds, or a person of which any such officer, director,
trustee, Fund of Funds' Adviser, Fund of Funds' Sub-Adviser, member of
an advisory board, or employee is an affiliated person (each, an
``Underwriting Affiliate,'' except any person whose relationship to the
Unaffiliated Underlying Fund is covered by section 10(f) of the Act is
not an Underwriting Affiliate). An offering of securities during the
existence of any underwriting or selling syndicate of which a principal
underwriter is an Underwriting Affiliate is an ``Affiliated
Underwriting.''
    6. To further assure that an Unaffiliated Fund understands the
implications of a Fund of Funds' investment under the requested
exemptive relief, prior to its investment in the shares of an
Unaffiliated Fund in excess of the limit in section 12(d)(1)(A)(i) of
the Act, a Fund of Funds and the Unaffiliated Fund will execute an
agreement stating, without limitation, that their boards of directors
or trustees (``Boards'') and their investment advisers understand the
terms and conditions of the order and agree to fulfill their
responsibilities under the order (``Participation Agreement'').
Applicants note that an

Unaffiliated Fund (other than an ETF whose shares are purchased by a
Fund of Funds in the secondary market) will retain its right at all
times to reject any investment by a Fund of Funds.\2\
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    \2\ An Unaffiliated Fund, including an ETF, would retain its
right to reject any initial investment by a Fund of Funds in excess
of the limits in section 12(d)(1)(A)(i) of the Act by declining to
execute the Participation Agreement with the Fund of Funds.
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    7. Applicants do not believe that the proposed arrangement will
involve excessive layering of fees. To assure that the advisory fees
are not duplicative, applicants state that, in connection with the
approval of any advisory contract under section 15 of the Act, the
Board of each Fund of Funds, including a majority of the trustees who
are not ``interested persons,'' as defined in section 2(a)(19) of the
Act (``Independent Trustees'') will find that the advisory fees charged
under the advisory contract are based on services provided that are in
addition to, rather than duplicative of, services provided pursuant to
any Underlying Fund's advisory contract(s). Applicants further state
that a Fund of Funds' Adviser will waive fees otherwise payable to it
by a Fund of Funds in an amount at least equal to any compensation
(including fees received pursuant to any plan adopted by an
Unaffiliated Fund pursuant to rule 12b-1 under the Act) received from
an Unaffiliated Underlying Fund by the Fund of Funds' Adviser, or an
affiliated person of the Fund of Funds' Adviser, other than any
advisory fees paid to the Fund of Funds' Adviser or an affiliated
person of the Fund of Funds'Adviser by the Unaffiliated Underlying
Fund, in connection with the investment by the Fund of Funds in the
Unaffiliated Underlying Fund.
    8. Applicants state that with respect to Registered Separate
Accounts that invest in a Fund of Funds, no sales load will be charged
at the Fund of Funds level or at the Underlying Fund level. Other sales
charges and service fees, as defined in Rule 2830 of the Conduct Rules
of the National Association of Securities Dealers (``NASD Conduct Rule
2830''), will only be charged at the Fund of Funds level or at the
Underlying Fund level, not both. With respect to other investments in a
Fund of Funds, any sales charges and/or service fees charged with
respect to shares of a Fund of Funds will not exceed the limits
applicable to funds of funds set forth in NASD Conduct Rule 2830.
    9. Applicants represent that each Fund of Funds will represent in
the Participation Agreement that no insurance company sponsoring a
Registered Separate Account funding Variable Contracts will be
permitted to invest in the Fund of Funds unless the insurance company
has certified to the Fund of Funds that the aggregate of all fees and
charges associated with each contract that invests in the Fund of
Funds, including fees and charges at the separate account, Fund of
Funds, and Underlying Fund levels, are reasonable in relation to the
services rendered, the expenses expected to be incurred, and the risks
assumed by the insurance company.
    10. Applicants state that the proposed arrangement will not create
an overly complex fund structure because no Underlying Fund will
acquire securities of any other investment company or company relying
on section 3(c)(1) or 3(c)(7) of the Act in excess of the limits
contained in section 12(d)(1)(A) of the Act, except in certain
circumstances identified in condition 12 below. Applicants also
represent that a Fund of Funds' prospectus and sales literature will
contain clear, concise, ``plain English'' disclosure designed to inform
investors about the unique characteristics of the proposed arrangement,
including, but not limited to, the expense structure and the additional
expenses of investing in Underlying Funds.

B. Section 17(a)

    1. Section 17(a) of the Act generally prohibits sales or purchases
of securities between a registered investment company and its
affiliated persons or affiliated persons of such persons. Section
2(a)(3) of the Act defines an ``affiliated person'' of another person
to include (a) any person directly or indirectly owning, controlling,
or holding with power to vote, 5% or more of the outstanding voting
securities of the other person; (b) any person 5% or more of whose
outstanding voting securities are directly or indirectly owned,
controlled, or held with power to vote by the other person; and (c) any
person directly or indirectly controlling, controlled by, or under
common control with the other person.
    2. Applicants state that the Funds of Funds and the Affiliated
Funds may be deemed to be under common control of the Fund of Funds'
Adviser and therefore affiliated persons of one another. Applicants
also state that a Fund of Funds and the Underlying Funds may be deemed
to be affiliated persons of each other if a Fund of Funds acquires 5%
or more of an Underlying Fund's outstanding voting securities. In light
of these possible affiliations, section 17(a) could prevent an
Underlying Fund from selling shares to and redeeming shares from a Fund
of Funds.\3\
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    \3\ Applicants acknowledge that receipt of compensation by (a)
an affiliated person of a Fund of Funds, or an affiliated person of
such person, for the purchase by the Fund of Funds of shares of an
Underlying Fund or (b) an affiliated person of an Underlying Fund,
or an affiliated person of such person, for the sale by the
Underlying Fund of its shares to a Fund of Funds may be prohibited
by section 17(e)(1) of the Act. The Participation Agreement also
will include this acknowledgement.
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    3. Section 17(b) of the Act authorizes the Commission to grant an
order permitting a transaction otherwise prohibited by section 17(a) if
it finds that: (a) The terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company concerned; and (c) the proposed
transaction is consistent with the general purposes of the Act. Section
6(c) of the Act permits the Commission to exempt any person or
transactions from any provision of the Act 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.
    4. Applicants submit that the proposed transactions satisfy the
requirements for relief under sections 17(b) and 6(c) of the Act as the
terms are fair and reasonable and do not involve overreaching.
Applicants state that the terms upon which an Underlying Fund will sell
its shares to or purchase its shares from a Fund of Funds will be based
on the net asset value of each Underlying Fund.\4\ Applicants also
state that the proposed transactions will be consistent with the
policies of each Fund of Funds and Underlying Fund, and with the
general purposes of the Act.
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    \4\ Applicants note that a Fund of Funds generally would
purchase and sell shares of an Unaffiliated Underlying Fund that
operates as an ETF through secondary market transactions rather than
through principal transactions with the Unaffiliated Underlying
Fund. To the extent that a Fund of Funds purchases or redeems shares
from an ETF that is an affiliated person, or an affiliated person of
an affiliated person of the Fund of Funds, in exchange for a basket
of specified securities as described in the application for the
exemptive order upon which the ETF relies, applicants also request
relief from section 17(a) for those transactions.
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Applicants' Conditions

    Applicants agree that any order granting the requested relief shall
be subject to the following conditions:
    1. The members of the Group will not control (individually or in
the aggregate) an Unaffiliated Underlying Fund within the meaning of
section 2(a)(9) of the Act.

 The members of a Sub-Adviser Group will not control (individually or
in the aggregate) an Unaffiliated Underlying Fund within the meaning of
section 2(a)(9) of the Act. If, as a result of a decrease in the
outstanding voting securities of an Unaffiliated Underlying Fund, the
Group or a Sub-Adviser Group, each in the aggregate, becomes a holder
of more than 25% of the outstanding voting securities of the
Unaffiliated Underlying Fund, then the Group or the Sub-Adviser Group
(except for any member of the Group or the Sub-Adviser Group that is a
Separate Account) will vote its shares of the Unaffiliated Underlying
Fund in the same proportion as the vote of all other holders of the
Unaffiliated Underlying Fund's shares. This condition will not apply to
a Sub-Adviser Group with respect to an Unaffiliated Underlying Fund for
which the Fund of Funds' Sub-Adviser or a person controlling,
controlled by, or under common control with the Fund of Funds' Sub-
Adviser acts as the investment adviser within the meaning section
2(a)(20)(A) of the Act (in the case of an Unaffiliated Fund) or as the
sponsor (in the case of an Unaffiliated Trust).
    A Registered Separate Account will seek voting instructions from
its Variable Contract holders and will vote its shares of an
Unaffiliated Underlying Fund in accordance with the instructions
received and will vote those shares for which no instructions were
received in the same proportion as the shares for which instructions
were received. An Unregistered Separate Account will either (i) vote
its shares of the Unaffiliated Underlying Fund in the same proportion
as the vote of all other holders of the Unaffiliated Underlying Fund's
shares; or (ii) seek voting instructions from its Variable Contract
holders and vote its shares in accordance with the instructions
received and vote those shares for which no instructions were received
in the same proportion as the shares for which instructions were
received.
    2. No Fund of Funds or Fund of Funds Affiliate will cause any
existing or potential investment by the Fund of Funds in an
Unaffiliated Underlying Fund to influence the terms of any services or
transactions between the Fund of Funds or a Fund of Funds Affiliate and
the Unaffiliated Underlying Fund or an Unaffiliated Fund Affiliate.
    3. The Board of each Fund of Funds, including a majority of the
Independent Trustees, will adopt procedures reasonably designed to
assure that the Funds of Funds' Adviser and any Fund of Funds' Sub-
Adviser to the Fund of Funds are conducting the investment program of
the Fund of Funds without taking into account any consideration
received by the Fund of Funds or Fund of Funds Affiliate from an
Unaffiliated Underlying Fund or an Unaffiliated Fund Affiliate in
connection with any services or transactions.
    4. Once an investment by a Fund of Funds in the securities of an
Unaffiliated Fund exceeds the limit of section 12(d)(1)(A)(i) of the
Act, the Board of the Unaffiliated Fund, including a majority of the
Independent Trustees, will determine that any consideration paid by the
Unaffiliated Fund to a Fund of Funds or a Fund of Funds Affiliate in
connection with any services or transactions: (a) Is fair and
reasonable in relation to the nature and quality of the services and
benefits received by the Unaffiliated Fund; (b) is within the range of
consideration that the Unaffiliated Fund would be required to pay to
another unaffiliated entity in connection with the same services or
transactions; and (c) does not involve overreaching on the part of any
person concerned. This condition does not apply with respect to any
services or transactions between an Unaffiliated Fund and its
investment adviser(s), or any person controlling, controlled by, or
under common control with such investment adviser(s).
    5. No Fund of Funds or Fund of Funds Affiliate (except to the
extent it is acting in its capacity as an investment adviser to an
Unaffiliated Fund or sponsor to an Unaffiliated Trust) will cause an
Unaffiliated Underlying Fund to purchase a security in any Affiliated
Underwriting.
    6. The Board of an Unaffiliated Fund, including a majority of the
Independent Trustees, will adopt procedures reasonably designed to
monitor any purchases of securities by the Unaffiliated Fund in an
Affiliated Underwriting once an investment by a Fund of Funds in the
securities of the Unaffiliated Fund exceeds the limit of section
12(d)(1)(A)(i) of the Act, including any purchases made directly from
an Underwriting Affiliate. The Board of the Unaffiliated Fund will
review these purchases periodically, but no less frequently than
annually, to determine whether the purchases were influenced by the
investment by the Fund of Funds in the Unaffiliated Fund. The Board of
the Unaffiliated Fund will consider, among other things: (a) Whether
the purchases were consistent with the investment objectives and
policies of the Unaffiliated Fund; (b) how the performance of
securities purchased in an Affiliated Underwriting compares to the
performance of comparable securities purchased during a comparable
period of time in underwritings other than Affiliated Underwritings or
to a benchmark such as a comparable market index; and (c) whether the
amount of securities purchased by the Unaffiliated Fund in Affiliated
Underwritings and the amount purchased directly from an Underwriting
Affiliate have changed significantly from prior years. The Board of an
Unaffiliated Fund will take any appropriate actions based on its
review, including, if appropriate, the institution of procedures
designed to assure that purchases of securities in Affiliated
Underwritings are in the best interests of shareholders.
    7. Each Unaffiliated Fund will maintain and preserve permanently in
an easily accessible place a written copy of the procedures described
in the preceding condition, and any modifications to such procedures,
and will maintain and preserve for a period of not less than six years
from the end of the fiscal year in which any purchase from an
Affiliated Underwriting occurred, the first two years in an easily
accessible place, a written record of each purchase of securities in an
Affiliated Underwriting once an investment by a Fund of Funds in the
securities of an Unaffiliated Fund exceeds the limit of section
12(d)(1)(A)(i) of the Act, setting forth from whom the securities were
acquired, the identity of the underwriting syndicate's members, the
terms of the purchase, and the information or materials upon which the
determinations of the Board of the Unaffiliated Fund were made.
    8. Prior to an investment in shares of an Unaffiliated Fund in
excess of the limit in section 12(d)(1)(A)(i) of the Act, the Fund of
Funds and the Unaffiliated Fund will execute a Participation Agreement
stating, without limitation, that their Boards and their investment
advisers understand the terms and conditions of the order and agree to
fulfill their responsibilities under the order. At the time of its
investment in shares of an Unaffiliated Fund in excess of the limit in
section 12(d)(1)(A)(i), a Fund of Funds will notify the Unaffiliated
Fund of the investment. At such time, the Fund of Funds will also
transmit to the Unaffiliated Fund a list of the names of each Fund of
Funds Affiliate and Underwriting Affiliate. The Fund of Funds will
notify the Unaffiliated Fund of any changes to the list as soon as
reasonably practicable after a change occurs. The Unaffiliated Fund and
the Fund of Funds will maintain and preserve a copy of the order, the
Participation Agreement, and

the list with any updated information for the duration of the
investment and for a period of not less than six years thereafter, the
first two years in an easily accessible place.
    9. Prior to reliance on the requested order and subsequently in
connection with the approval of any investment advisory contract under
section 15 of the Act, the Board of each Fund of Funds, including a
majority of the Independent Trustees, will find that the advisory fees
charged under the advisory contract are based on services provided that
are in addition to, rather than duplicative of, services provided under
the advisory contract(s) of any Underlying Fund in which the Fund of
Funds may invest. Such finding, and the basis upon which the finding
was made, will be recorded fully in the minute books of the appropriate
Fund of Funds.
    10. The Funds of Funds' Adviser will waive fees otherwise payable
to it by a Fund of Funds in an amount at least equal to any
compensation (including fees received pursuant to any plan adopted by
an Unaffiliated Fund pursuant to rule 12b-1 under the Act) received
from an Unaffiliated Underlying Fund by the Funds of Funds' Adviser, or
an affiliated person of the Fund of Funds' Adviser, other than any
advisory fees paid to the Fund of Funds' Adviser or its affiliated
person by the Unaffiliated Fund, in connection with the investment by
the Fund of Funds in the Unaffiliated Underlying Fund. Any Fund of
Funds' Sub-Adviser will waive fees otherwise payable to the Fund of
Funds' Sub-Adviser, directly or indirectly, by the Fund of Funds in an
amount at least equal to any compensation received from an Unaffiliated
Underlying Fund by the Fund of Funds' Sub-Adviser, or an affiliated
person of the Fund of Funds' Sub-Adviser, other than any advisory fees
paid to the Fund of Funds' Sub-Adviser or its affiliated person by an
Unaffiliated Fund, in connection with the investment by the Fund of
Funds in the Unaffiliated Underlying Fund made at the direction of the
Fund of Funds' Sub-Adviser. In the event that the Fund of Funds' Sub-
Adviser waives fees, the benefit of the waiver will be passed through
to the Fund of Funds.
    11. With respect to Registered Separate Accounts that invest in a
Fund of Funds, no sales load will be charged at the Fund of Funds level
or at the Underlying Fund level. Other sales charges and service fees,
as defined in NASD Conduct Rule 2830, if any, will be charged at the
Fund of Funds level or at the Underlying Fund level, not both. With
respect to other investments in a Fund of Funds, any sales charges and/
or service fees charged with respect to shares of a Fund of Funds will
not exceed the limits applicable to funds of funds set forth in NASD
Conduct Rule 2830.
    12. No Underlying Fund will acquire securities of any other
investment company or company relying on section 3(c)(1) or 3(c)(7) of
the Act in excess of the limits contained in section 12(d)(1)(A) of the
Act, except to the extent that such Underlying Fund: (a) Receives
securities of another investment company as a dividend or as a result
of a plan of reorganization of a company (other than a plan devised for
the purpose of evading section 12(d)(1) of the Act); or (b) acquires
(or is deemed to have acquired) securities of another investment
company pursuant to exemptive relief from the Commission permitting
such Underlying Fund to: (i) Acquire securities of one or more
investment companies for short-term cash management purposes, or (ii)
engage in interfund borrowing and lending transactions.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-23691 Filed 10-6-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Pages 27521-27522]
[FR Doc No: E9-13542]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC09-916-001]

Commission Information Collection Activities (FERC-916); Comment
Request; Submitted for OMB Review

June 3, 2009.
AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Notice.

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

SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 USC 3507, the Federal Energy
Regulatory Commission (Commission or FERC) has submitted the
information collection described below to the Office of Management and
Budget (OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission received no comments in response to the Federal Register
notice (74FR 15471, 4/6/2009) and has made this notation in its
submission to OMB.

DATES: Comments on the collection of information are due by July 10,
2009.

ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o<EMAIL_ADDRESS>and include OMB Control Number 1902-0224 as a
point of reference. The Desk Officer may be reached by telephone at
202-395-4638.
    A copy of the comments should also be sent to the Federal Energy
Regulatory Commission and should refer to Docket No. IC09-916-001.
Comments may be filed either electronically or in paper format. Those
persons filing electronically do not need to make a paper filing.
Documents filed electronically via the Internet must be prepared in an
acceptable filing format and in compliance with the Federal Energy
Regulatory Commission submission guidelines. Complete filing
instructions and acceptable filing formats are available at http://www.ferc.gov/help/submission-guide/electronic-media.asp. To file the
document electronically, access the Commission's Web site and click on
Documents & Filing, E-Filing (http://www.ferc.gov/docs-filing/efiling.asp), and then follow the instructions for each screen. First
time users will have to establish a user name and password. The
Commission will send an automatic acknowledgement to the sender's e-
mail address upon receipt of comments.
    For paper filings, an original and 2 copies of the comments should
be submitted to the Federal Energy Regulatory Commission, Secretary of
the

Commission, 888 First Street, NE., Washington, DC 20426, and should
refer to Docket No. IC09-916-001.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the ``eLibrary'' link. For user
assistance, contact<EMAIL_ADDRESS>or toll-free at (866)
208-3676 or for TTY, contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Commission is requesting comments on the
record retention requirements of FERC-916,\1\ ``Record Retention
Requirements for Pipelines Providing Unbundled Sales Service, and
Persons Holding Blanket Marketing Certificates,'' OMB Control No. 1902-
0224. The FERC-916 record retention requirements are contained in 18
CFR 284.288(b) and 284.403(b).
---------------------------------------------------------------------------

    \1\ FERC-916 was formerly called ``FERC-916(549),'' with the
intent of consolidating the FERC-916 into the FERC-549 (OMB Control
No. 1902-0086). FERC has decided not to consolidate the FERC-916
into the FERC-549, so this Notice deals only with the FERC-916
requirements.
---------------------------------------------------------------------------

    The Commission's regulations at 18 CFR 284.288 and 284.403 provide
that applicable sellers of natural gas adhere to a code of conduct when
making gas sales in order to protect the integrity of the market. The
Commission imposes the FERC-916 record retention requirement on
applicable sellers to ``retain, for a period of five years, all data
and information upon which it billed the prices it charged for natural
gas it sold pursuant to its market based sales certificate or the
prices it reported for use in price indices.'' FERC uses the FERC-916
records to monitor the jurisdictional transportation activities and
unbundled sales activities of interstate natural gas pipelines and
blanket marketing certificate holders.
    The record retention period of five years is necessary due to the
importance of records related to any investigation of possible
wrongdoing and related to assuring compliance with the codes of conduct
and the integrity of the market. The requirement is necessary to ensure
consistency with the rule prohibiting market manipulation (regulations
adopted in Order No. 670, implementing the EPAct 2005 anti-manipulation
provisions) \2\ and the generally applicable five-year statute of
limitations where the Commission seeks civil penalties for violations
of the anti-manipulation rules or other rules, regulations, or orders
to which the price data may be relevant.
---------------------------------------------------------------------------

    \2\ 18 CFR 1c.1 and 1c.2, 71 FR 4,244 (2006).
---------------------------------------------------------------------------

    Failure to have this information available would mean the
Commission is unable to perform its regulatory functions and to monitor
and evaluate transactions and operations of interstate pipelines and
blanket marketing certificate holders.
    Action: The Commission is requesting a three-year extension of the
current expiration date for the FERC-916, with no changes to the
requirements.
    Burden Statement: Public reporting burden for this collection is
estimated at:

----------------------------------------------------------------------------------------------------------------
                                        Number of        Number of     Average  burden
         FERC  requirements            respondents     responses per      hours per        Total annual burden
                                         annually        respondent        response               hours
                                                (1)              (2)              (3)           (1) x (2) x (3)
----------------------------------------------------------------------------------------------------------------
FERC-916...........................             222                1                1                       222
----------------------------------------------------------------------------------------------------------------

    The estimated total annual cost to respondents includes hours for
labor (222 hrs. at $17 per hour, for a labor cost of $3,774) and record
storage costs (using an estimated 12,548 cu. ft of records in off-site
storage, for a total record storage cost of $81,051). The total annual
cost (labor plus off-site record storage) is $84,825; the total annual
cost per respondent is $382.
    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden of the proposed collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information to be collected;
and (4) ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-13542 Filed 6-9-09; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38310-38311]
[FR Doc No: 2013-15188]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. ER13-1697-000]

Kiwi Energy Inc.; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Kiwi Energy Inc.'s application for market-based rate authority, with
an accompanying rate schedule, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is July 9, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by

clicking on the appropriate link in the above list. They are also
available for review in the Commission's Public Reference Room in
Washington, DC. There is an eSubscription link on the Web site that
enables subscribers to receive email notification when a document is
added to a subscribed docket(s). For assistance with any FERC Online
service, please email<EMAIL_ADDRESS>or call (866) 208-
3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 19, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-15188 Filed 6-25-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Rules and Regulations]
[Pages 39600-39605]
[FR Doc No: 2018-17078]

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

40 CFR Part 52

[EPA-R03-OAR-2017-0437; FRL-9981-97--Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Adoption of Control Techniques Guidelines for Control of
Volatile Organic Compound Emissions From Miscellaneous Metal Parts
Surface Coating, Miscellaneous Plastic Parts Surface Coating, and
Pleasure Craft Surface Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Commonwealth of Pennsylvania's state implementation
plan (SIP). The revision includes amendments to the Pennsylvania
Department of Environmental Protection's (PADEP) regulations and
addresses the requirement to adopt reasonably available control
technology (RACT) for sources covered by EPA's control techniques
guidelines (CTG) standards for the following categories: Miscellaneous
metal parts surface coating, miscellaneous plastic parts surface
coating, and pleasure craft surface coatings, as well as related
cleaning activities. The SIP revision also amends regulations for
graphic arts systems and mobile equipment repair and refinishing as
well as making general administrative changes. This action is being
taken under the Clean Air Act (CAA).

DATES: This final rule is effective on September 10, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0437. All documents in the docket are listed on
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (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 through
http://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Gregory A. Becoat,<PHONE_NUMBER>, or
by email at [email protected].

SUPPLEMENTARY INFORMATION: On November 18, 2016, PADEP submitted a
revision to the Pennsylvania SIP concerning the adoption of EPA's CTG
for miscellaneous metal parts surface coating processes, miscellaneous
plastic parts surface coating processes, and pleasure craft surface
coatings. Specifically, PADEP has amended 25 Pennsylvania Code (Pa.
Code) Chapter 129 (relating to standards for sources) to address RACT
and further reduce volatile organic compounds (VOC) emissions in
Pennsylvania. In accordance with sections 172(c)(1), 182(b)(2)(A) and
184(b)(1)(B) of the CAA, Pennsylvania's SIP revision submittal
establishes VOC emission limitations and other requirements consistent
with the recommendations of EPA's 2008 Control Techniques Guidelines
for Miscellaneous Metal and Plastic Parts Coatings (MMPP) (Publication
No. EPA 453/R-08-003; September 2008) and Control Techniques Guidelines
for Automobile and Light-Duty Truck Assembly Coatings for these sources
in the Commonwealth of Pennsylvania (Publication No. EPA 453/R-08-006).

I. Background

    Ground level ozone is formed in the atmosphere by photochemical
reactions between volatile organic compounds (VOCs), nitrogen oxides
(NOX), and carbon monoxide (CO) in the presence of sunlight.
In order to reduce ozone concentrations in the ambient air, the CAA
requires all nonattainment areas to apply controls on VOC and
NOX emission sources to achieve emission reductions. Among
effective control measures, RACT controls significantly reduce VOC and
NOX emissions from major stationary sources. NOX
and VOC are referred to as ozone precursors and are emitted by many
types of pollution sources, including motor vehicles, power plants,
industrial facilities, and area wide sources, such as consumer products
and lawn and garden equipment. Scientific evidence indicates that
adverse public health effects occur following exposure to ozone. These
effects are more pronounced in children and adults with lung disease.
Breathing air containing ozone can reduce lung function and inflame
airways, which can increase respiratory symptoms and aggravate asthma
or other lung diseases.
    RACT is defined as the lowest emission limitation that a particular
source is capable of meeting by the application of control technology
that is reasonably available considering technological and economic
feasibility. 44 FR 53761 at 53762 (September 17, 1979). Section 182 of
the CAA sets forth two separate RACT requirements for ozone
nonattainment areas. The first requirement, contained in section
182(a)(2)(A) of the CAA, and referred to as RACT fix-up, requires the
correction of RACT rules for which EPA identified deficiencies before
the CAA was amended in 1990. Pennsylvania previously corrected its
deficiencies under the 1-hour ozone standard and has no further
deficiencies to correct under this section of the CAA. The second
requirement in section 182(b)(2) of the CAA applies to moderate (or
worse) ozone nonattainment areas, and pursuant to section 184(b)(1)(B),
to all areas in a state that are included in an ozone transport region
(OTR). Section 184 of the CAA includes all of Pennsylvania in the OTR.
Sections 182(b)(2) and 184(b) require these areas to implement RACT
controls on all major VOC and NOX emission sources and on
all sources and source categories covered by a CTG issued by EPA.\1\
See CAA sections 182(b)(2) and 184(b).
---------------------------------------------------------------------------

    \1\ CTGs are documents issued by EPA intended to provide state
and local air pollution control authorities information to assist
them in determining RACT for VOC from various sources. The
recommendations in the CTG are based upon available data and
information and may not apply to a particular situation based upon
the circumstances. States can follow the CTG and adopt state
regulations to implement the recommendations contained therein, or
they can adopt alternative approaches. In either case, states must
submit their RACT rules to EPA for review and approval as part of
the SIP process. Pursuant to section 184(b)(1)(B) of the CAA, all
areas in the OTR must implement RACT with respect to sources of VOCs
in the state covered by a CTG issued before or after November 15,
1990.
---------------------------------------------------------------------------

    In subsequent Federal Register notices, EPA has addressed how
states can meet the RACT requirements of the CAA. EPA developed the CTG
for MMPP in September 2008 (Publication No. EPA 453/R-08-003) that
provides guidelines with regard to feasible emission limitations and
operating practices for a number of different surface coatings used
within this large and diverse source category. The 2008 MMPP CTG
recommends separate sets of emission limits for metal parts coatings,
plastic parts coatings, automotive/transportation and business machine
plastic parts, and pleasure craft, depending on the type of coating
used by a particular source. The miscellaneous metal product and
plastic parts surface coatings categories identified pursuant to
section 183(e) of the CAA include the coatings that are applied to the
surfaces of a varied range of metal and plastic parts and products.
Such parts or products are constructed either entirely or partially
from metal or plastic. These miscellaneous metal products and plastic
parts include, but are not limited to, metal and plastic components of
the following types of products as well as the products themselves:
Fabricated metal products, molded plastic parts, small and large farm
machinery, commercial and industrial machinery and equipment,
automotive or transportation equipment, interior or exterior automotive
parts, construction equipment, motor vehicle accessories, bicycles and
sporting goods, toys, recreational vehicles, pleasure craft
(recreational boats), extruded aluminum structural components, railroad
cars, heavier vehicles, lawn and garden equipment, business machines,
laboratory and medical equipment, electronic equipment, steel drums,
metal pipes, and numerous other industrial and household products.
    The pleasure craft coating category does not include coatings that
are a part of other product categories listed under Section 183(e) of
the CAA for which CTGs have been published or included in other CTGs.
For pleasure craft surface coatings, EPA took into account California
regulations when developing the 2008 MMPP CTG. California was the only
state at that time with regulations governing VOC emissions from
pleasure craft surface coatings. After EPA finalized the 2008 MMPP CTG,
the pleasure craft coatings industry asserted to EPA that three of the
VOC emission limits in the CTG were too low considering the performance
requirements of the pleasure craft coatings and that the VOC emission
limits recommended did not represent RACT for the National pleasure
craft coatings industry. On September 14, 2009, EPA was contacted by
the pleasure craft coatings industry to reconsider some of the VOC
emission limits recommended in the final 2008 MMPP CTG. In response,
EPA issued a memorandum on June 1, 2010, entitled ``Control Technique
Guidelines for Miscellaneous Metal and Plastic Part Coatings--Industry
Request for Reconsideration,'' recommending that the pleasure craft
industry work with state agencies during their RACT rule development
process to assess what is reasonable for the specific sources
regulated. EPA has stated that states can use the recommendations from
the MMPP CTG to form their own determinations as to what constitutes
RACT for pleasure craft coating operations. CTGs impose no legally
binding requirements on any entity, including pleasure craft coating
facilities. As stated in the memorandum, EPA will evaluate state-
developed RACT rules and determine whether the submitted rules meet the
RACT requirements of the CAA.

II. Summary of SIP Revision and EPA Analysis

    On November 18, 2016, PADEP submitted a SIP revision which adopted
the recommendations contained in the 2008 MMPP CTG with respect to
sources in the miscellaneous metal products coatings and plastic parts
coatings product categories. For the pleasure craft coating industry,
after evaluating what is reasonable for this source category, PADEP
determined that three VOC content limits in the CTG should be revised
from the limits in the CTG to represent RACT for the pleasure craft
coating industry. This is based on EPA's memorandum that the pleasure
craft industry should work with state agencies during their RACT rule
development process to assess what is reasonable for the specific
sources regulated.
    The SIP revision includes an amendment to 25 Pa. Code Chapter 129--
(relating to standards for sources) as follows: (1) Amended section
129.51(a)--(relating to general) in order

to extend applicability; (2) added section 129.52d--``Control of VOC
emissions from miscellaneous metal parts surface coating processes,
miscellaneous plastic parts surface coating processes and pleasure
craft surface coatings,'' in order to regulate VOC emissions from these
three categories; (3) amended section 129.52(g)--(relating to surface
coating processes) in order to clarify record keeping and reporting
requirements; (4) added section 129.52 subsection (k) in order to
clarify the applicability of the requirements of section 129.52, Table
I, Category 10 in 25 Pa. Code Chapter 129; (5) amended section 129.67
(relating to graphic arts systems) in order to extend applicability;
and (6) amended section 129.75 (relating to mobile equipment repair and
refinishing) in order to specify exceptions for those who apply surface
coating to mobile equipment already subject to requirements of sections
129.52 and 129.52d. More detailed information on these provisions as
well as a detailed summary of EPA's review and rationale for approving
these SIP revisions can be found in the Technical Support Document
(TSD) for this action, which is available on line at
www.regulations.gov, Docket number EPA-R03-OAR-2017-0437.
    After evaluating the SIP revision submittal, EPA concluded that it
meets CAA requirements under sections 110, 172(c)(1), 182(b)(2)(A), and
184(b)(1) by adopting EPA's CTG and continuing to address and minimize
VOC emissions in the Commonwealth of Pennsylvania, as discussed in more
detail in EPA's TSD for this rulemaking action. PADEP is adopting
without change most of the requirements recommended by the MMPP CTG but
adopting the pleasure craft industry recommendations for the following
three coating categories: Antifouling Sealer/Tiecoat; Other Substrate
Antifoulant; and Extreme High Gloss. For these three categories, the
Commonwealth of Pennsylvania reviewed industry data and determined that
for the purpose of functionality, cost, and VOC emissions, the
alternative limits adopted for these three coating categories
constitute RACT. EPA concludes that Pennsylvania's approach is
consistent with the guidance memorandum entitled, ``Control Technique
Guidelines for Miscellaneous Metal and Plastic Part Coatings--Industry
Request for Reconsideration,'' and therefore, concludes that these
regulations reflect RACT given costs and VOC emissions. The revised VOC
content limits for the pleasure craft surface coatings proposed by
PADEP are expected to have a de minimis impact on the amount of VOC
emission reductions from the implementation of the revised VOC limits
due to having no facilities with the potential to emit VOC emissions
for pleasure craft surface coatings.
    EPA notes that under 25 Pa. Code Sec. Sec.  129.52d, PADEP is
allowing the provisions of 25 Pa. Code Sec.  129.52d to supersede the
requirements of a RACT permit previously issued under 25 Pa. Code
Sec. Sec.  129.91-129.95 if the permit was issued prior to January 1,
2017, to the owner or operator of a source subject to section
129.52d(a), except to the extent the RACT permit contains more
stringent requirements. EPA further notes that the RACT permits issued
under 25 Pa. Code Sec. Sec.  129.91-129.95 were issued for previous
RACT determinations on a case-by-case basis; these permits were then
submitted to EPA as source-specific SIP revisions and were previously
acted on by EPA and would have been approved into the Pennsylvania SIP.
If EPA approved those source-specific RACT determinations as meeting
the requirements of RACT under the CAA, then the permits associated
with those determinations were approved into the SIP as listed in 40
CFR 52.2020(d). The requirements of the source-specific RACT
determination which EPA approved into the Pennsylvania SIP remain
applicable requirements for the specific source unless and until
Pennsylvania seeks to remove the limits from the SIP in accordance with
CAA section 110(l). To the extent that the provisions of 25 Pa. Code
Sec.  129.52d are more stringent than those of a previous SIP-approved
permit, PADEP will need to make a source-specific determination as to
whether the requirements of the previous RACT permit apply, or those of
Sec.  129.52d, and submit that determination to EPA as a SIP revision
in order to remove the previously approved permit from the SIP. Until
such a SIP revision is made, EPA cannot remove the source-specific
permits from the SIP and EPA is not taking such action in this
rulemaking. Thus, the requirements of a previously SIP-approved permit
are not superseded under the SIP. In accordance with section 110 of the
CAA including 110(a) and 110(l), EPA determines that approval of this
PADEP SIP revision will not interfere with reasonable further progress,
attainment of any NAAQS or any other applicable CAA requirements.
    On October 16, 2017 (82 FR 48034 and 82 FR 47988), EPA
simultaneously published a notice of proposed rulemaking (NPR) and a
direct final rule (DFR) for the Commonwealth of Pennsylvania approving
the SIP revision. EPA received five adverse comments on the rulemaking
and withdrew the DFR prior to the effective date of December 15, 2017.

III. Response to Comments

    During the comment period, EPA received several anonymous comments
on the rulemaking. Of the comments, one comment generally discussed
greenhouse gas from electric vehicles, a second comment generally
discussed wildfires and wildland fire management policy, and a third
comment generally discussed the Mercury and Air Toxics Standards. EPA
believes these three comments are not germane to this rulemaking
action, thus no further response is provided. The following is a
summary of the comments pertinent to this rulemaking action and EPA's
response to those comments.
    Comment #1: The first commenter stated that EPA did not address a
March 28, 2017 Executive Order (E.O.) regarding the promotion of energy
independence and economic growth.\2\
---------------------------------------------------------------------------

    \2\ Based on the comment, EPA assumes the E.O. in question is
E.O. 13783, Promoting Energy Independence and Economic Growth,
signed March 28, 2017.
---------------------------------------------------------------------------

    Response #1: EPA disagrees with the commenter's assertion that this
rulemaking action required evaluation mandated under the E.O.. The E.O.
in question pertains to reviewing existing regulations, orders,
guidance documents, policies, and any other similar agency actions
(collectively, agency actions) that potentially burden the development
or use of domestically produced energy resources, with particular
attention to oil, natural gas, coal, and nuclear energy. First, EPA
does not believe this E.O. applies to this rulemaking action because,
to the extent this rulemaking is considered an agency action under the
E.O., this action was not an existing agency action as of March 28,
2017, the date the E.O. was signed. Second, assuming arguendo, that
this rulemaking action is considered an agency action under the E.O.,
this rulemaking action does not create a burden as that term is defined
in the E.O.. As defined in the E.O., the term ``burden'' means, ``to
unnecessarily obstruct, delay, curtail, or otherwise impose significant
cost on the siting, permitting, production, utilization, transmission,
or delivery of energy resources.'' This rulemaking action does not
affect the siting, permitting, production, utilization, transmission,
or delivery of energy resources because this action merely approves
Pennsylvania's submission as meeting

certain necessary CTG requirements under the CAA, thus any required
review under this E.O. is not applicable. Finally, EPA does not have
discretion to disapprove the state's SIP submission if it meets the
applicable CAA requirements. CAA section 110(k)(3) requires that EPA
``shall'' approve the SIP submission ``as a whole'' if it meets the
applicable requirements in the CAA. Pennsylvania's submission adopts
RACT for sources identified in EPA's CTG, as required by CAA section
184(b). Thus, considering the plain language of CAA section 110(k)(3),
EPA cannot consider disapproving or requiring changes to a state's SIP
submittal based on a particular E.O. or statutory reviews.
    Comment #2: The second commenter asserted that EPA should review
its CTG and Alternative Control Technology (ACT) guidance documents to
``make sure they aren't too costly.'' The commenter further asserted
that VOC reductions in Pennsylvania are not needed and EPA should only
require RACT reductions in areas with ``bad air.'' The commenter
concluded by stating EPA should withdraw the rule in its entirety to
enable economic growth and promote jobs.
    Response #2: EPA disagrees with the commenter that this rulemaking
should be withdrawn and that EPA's CTGs and ACTs should be reviewed.
The CTG at issue in this rulemaking was issued in 2008. This rulemaking
action concerns only EPA's action approving Pennsylvania's SIP
submission adopting the CTG requirements, and thus comments about the
CTG itself are outside the scope of this action. In any case, EPA
considered the cost of installing controls when developing the CTG and
concluded, ``The recommended VOC emission rates described [in the CTG]
reflect the control measures that are currently being implemented by
these facilities. Consequently, there is no additional cost to
implement the CTG recommendations for coatings.'' Further, the CTG went
on to state the following for the work practices being recommended:
``The CTG also recommends work practices for reducing VOC emissions
from both coatings and cleaning materials. We believe that our work
practice recommendations in the CTG will result in a net cost savings.
Implementing work practices reduces the amount of coating and cleaning
materials used by decreasing evaporation.'' Thus, EPA did consider cost
when issuing this CTG in a prior rulemaking.
    EPA further disagrees with the commenter's assertion that VOC
reductions are not needed in the entire Commonwealth of Pennsylvania,
and disagrees that the state or EPA has any discretion to not implement
those reductions. First, the commenter provided no evidence supporting
a claim that VOC reductions are only needed in areas with ``bad air''
(EPA assumes this is a reference to nonattainment areas). Second,
Congress has dictated through the CAA that VOC RACT is required to be
implemented throughout the entire Commonwealth. CAA section
182(b)(2)(A) requires that, for each ozone nonattainment area
classified as Moderate or above, the area must revise their SIPs to
include RACT for each category of VOC sources covered by CTG documents
issued between November 15, 1990 and the date of attainment. CAA
section 184(a) further establishes a single OTR which includes the
entire Commonwealth of Pennsylvania, and section 184(b)(1)(B) requires
all OTR states to submit SIPs implementing RACT with respect to all
sources of VOC in the state that are covered by a CTG. Finally,
Pennsylvania and EPA are not permitted to ignore statutory mandates for
any policy reason, including to promote jobs or to enable economic
growth. Thus, the requirements of the CAA require Pennsylvania to
revise its SIP in order to implement VOC RACT for all CTGs issued,
including the automobile and light-duty truck assembly coating
category. As an OTR state, Pennsylvania is required to reduce VOCs by
implementing RACT and CTGs.

IV. Final Action

    EPA is approving the Commonwealth of Pennsylvania's November 2016
SIP revision submittal, which adopts EPA's CTG for miscellaneous metal
parts surface coating, miscellaneous plastic parts surface coating, and
pleasure craft surface coatings, and which makes other related
administrative changes, because the revision meets the requirements of
CAA sections 110, 172(c)(1), 182(b)(2)(A), and 184(b)(2).

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the
Pennsylvania rule discussed in section II of this preamble. EPA has
made, and will continue to make, these materials generally available
through http://www.regulations.gov and at the EPA Region III Office
(please contact the person identified in the ``For Further Information
Contact'' section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\3\
---------------------------------------------------------------------------

    \3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 9, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, which approves Pennsylvania's SIP revision
adopting CTGs for miscellaneous metal parts surface coating,
miscellaneous plastic parts surface coating, and pleasure craft surface
coatings, as well as general administrative changes related to cleaning
activities, may not be challenged later in proceedings to enforce its
requirements (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: July 26, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by:
0
i. Revising the entries for Section 129.51 and Section 129.52;
0
 ii. Adding an entry for Section 129.52d; and
0
 iii. Revising the entries for Section 129.67, and Section 129.75.
    The additions and revisions read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                            State                                Additional
          State citation               Title/subject      effective     EPA approval date     explanation/ Sec.
                                                             date                             52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                       Title 25--Environmental Protection
                                           Article III--Air Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 129.51...................  General.............     10/22/16  8/10/18 [Insert       Revised Section
                                                                       Federal Register      129.51(a).
                                                                       citation].
Section 129.52...................  Surface coating          10/22/16  8/10/18 [Insert       Revised 129.52(g)
                                    processes.                         Federal Register      and added
                                                                       citation].            Subsection
                                                                                129.52(k).

                                                  * * * * * * *
Section 129.52d..................  Control of VOCs from     10/22/16  8/10/18 [Insert       New section 129.52d
                                    Miscellaneous Metal                Federal Register      is added. This
                                    Parts Surface                      citation].            section does not
                                    Coating Processes,                                       remove or replace
                                    Miscellaneous                                            any permits
                                    Plastic Parts                                            approved under
                                    Surface Coating                                          52.2020(d).
                                    Processes and
                                    Pleasure Craft
                                    Surface Coatings.

                                                  * * * * * * *
Section 129.67...................  Graphic arts systems     10/22/16  8/10/18 [Insert       Revised Subsection
                                                                       Federal Register      129.67(a)(1).
                                                                       citation].

                                                  * * * * * * *
Section 129.75...................  Mobile equipment         10/22/16  8/10/18 [Insert       Revised Subsection
                                    repair and                         Federal Register      129.75(b)(1).
                                    refinishing.                       citation].           Previous approval 8/
                                                                                14/00 (c) 148.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2018-17078 Filed 8-9-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Notices]
[Page 52297]
[FR Doc No: 2021-20388]

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

UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act Meeting Notice; Unified Carrier Registration Plan
Board of Directors Meeting

TIME AND DATE: September 23, 2021, from 12:00 p.m. to 3:00 p.m.,
Eastern time.

PLACE: This meeting will be accessible via conference call and
screensharing. Any interested person may call<PHONE_NUMBER> (US toll
free),<PHONE_NUMBER> (US toll free), +1<PHONE_NUMBER> (US toll), or +1
669-900-6833 (US toll), Conference ID 912 6596 1953, to participate in
the meeting. The website to participate via Zoom meeting and
screenshare is https://kellen.zoom.us/j/91265961953.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board
of Directors (the ``Board'') will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement. The
subject matter of the meeting will include:

Agenda

I. Welcome and Call to Order--UCR Board Chair

    The UCR Board Chair will welcome attendees, call the meeting to
order, call roll for the Board, confirm the presence of a quorum, and
facilitate self-introductions.

II. Verification of Meeting Notice--UCR Executive Director

    The UCR Executive Director will verify publication of the meeting
notice on the UCR website and distribution to the UCR contact list via
email followed by subsequent publication of the notice in the Federal
Register.

III. Review and Approval of Board Agenda--UCR Board Chair

For Discussion and Possible Action
    The proposed Agenda will be reviewed, and the Board will consider
adoption.
Ground Rules
[rtarr8] Board actions taken only in designated areas on agenda

IV. Approval of Minutes of the August 12, 2021 UCR Board Meeting--UCR
Board Chair

For Discussion and Possible Action
    Draft Minutes of the August 12, 2021 UCR Board meeting will be
reviewed. The Board will consider action to approve.

V. Report of the Federal Motor Carrier Safety Administration (FMCSA)--
FMCSA Representative

    The FMCSA will provide a report on any relevant activity.

VI. Updates Concerning UCR Legislation--UCR Board Chair

    The UCR Board Chair will call for any updates regarding UCR
legislation since the last Board meeting.

VII. Subcommittee Reports

Audit Subcommittee--UCR Audit Subcommittee Chair
    A. Co-enforcement of IRP and UCR--UCR Audit Subcommittee Chair and
DSL Transportation Services, Inc.
    The UCR Audit Subcommittee Chair will lead a discussion, supported
by DSL Transportation Services, Inc. regarding how states can hold (not
issue) IRP or commercial registrations/renewals until the motor carrier
has registered for UCR.
    B. Supporting State Police to Enhance Education and Compliance with
UCR--UCR Audit Subcommittee Chair and DSL Transportation Services, Inc.
    The UCR Audit Subcommittee Chair and DSL Transportation Services,
Inc. will lead a discussion on the importance of working with state
police to provide education on the UCR Plan and the importance of
citing unregistered motor carriers.
    C. Supporting Local FMCSA Offices to Enhance Education and
Compliance with UCR--UCR Audit Subcommittee Chair and DSL
Transportation Services, Inc.
    The UCR Audit Subcommittee Chair and DSL Transportation Services,
Inc. will lead a discussion on the importance of working with local
FMCSA offices to provide education on the UCR Plan and the importance
of citing unregistered motor carriers during inspections and new
entrant audits.
Finance Subcommittee--UCR Finance Subcommittee Chair
    A. Maturing of Certificate of Deposit (CD)--UCR Depository Manager
For Discussion and Possible Board Action
    The UCR Depository Manager will provide an update on the CD that
will mature on October 23, 2021. The Board may take action to reinvest
the proceeds.
Education and Training Subcommittee--UCR Education and Training
Subcommittee Chair
    A. Update on Audit Training Modules in Development--UCR Education
and Training Subcommittee Chair and UCR Operations Director
    The UCR Education and Training Subcommittee Chair and the UCR
Operations Director will provide an update on the development of the
Basic Audit Training Module and the Step-by-Step Approach to a UCR
Audit, which is the second training model currently in development.
    B. Update on Future Training Initiatives--UCR Education and
Training Subcommittee Chair and UCR Operations Director
    The UCR Education and Training Subcommittee Chair and the UCR
Operations Director will provide an update on the planned future
training initiatives for the UCR Plan.

VIII. Contractor Reports--UCR Executive Director

 UCR Executive Director's Report
    The UCR Executive Director will provide a report covering recent
activity for the UCR Plan.
 DSL Transportation Services, Inc.
    DSL Transportation Services, Inc. will report on the latest data
from the Focused Anomaly Reviews program, discuss motor carrier
inspection results, and other matters.
 Seikosoft
    Seikosoft will provide an update on recent/new activity related to
the National Registration System.
 UCR Administrator Report (Kellen)--UCR Operations Director and
UCR Depository Manager
    The UCR staff will provide a management report covering recent
activity for the Depository, Operations, and Communications.

IX. Other Business--UCR Board Chair

    The UCR Board Chair will call for any other items Board members
would like to discuss.

X. Adjournment--UCR Board Chair

    The UCR Board Chair will adjourn the meeting.
    This agenda will be available no later than 5:00 p.m. Eastern time,
September 16, 2021 at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of Directors,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2021-20388 Filed 9-16-21; 4:15 pm]
BILLING CODE 4910-YL-P