[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Notices]
[Pages 43764-43765]
[FR Doc No: 2014-17624]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket No. FEMA-2014-0002; Internal Agency Docket No. FEMA-B-1404]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency; DHS.

ACTION: Notice; correction.

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SUMMARY: On April 25, 2014, FEMA published in the Federal Register a
proposed flood hazard determination notice that contained an erroneous
table. This notice provides corrections to that table, to be used in
lieu of the information published at 79 FR 23007. The table provided
here represents the proposed flood hazard determinations and
communities affected for Sullivan County, New York (All Jurisdictions).

DATES: Comments are to be submitted on or before October 27, 2014.

ADDRESSES: The Preliminary Flood Insurance Rate Map (FIRM), and where
applicable, the Flood Insurance Study (FIS) report for each community
are available for inspection at both the online location and the
respective Community Map Repository address listed in the table below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1404, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER> or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed in the table below, in
accordance with Section 110 of the Flood Disaster Protection Act of
1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own, or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are also used to calculate the

appropriate flood insurance premium rates for new buildings built after
the FIRM and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the table below. Any request for reconsideration of the
revised flood hazard determinations shown on the Preliminary FIRM and
FIS report that satisfies the data requirements outlined in 44 CFR
67.6(b) is considered an appeal. Comments unrelated to the flood hazard
determinations will also be considered before the FIRM and FIS report
are made final.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP may only be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://www.fema.gov/pdf/media/factsheets/2011/srp_fs.pdf.

Correction

    In the proposed flood hazard determination notice published at 79
FR 23007 (April 25, 2014), the table contained inaccurate information
as to the watershed or communities affected by the proposed flood
hazard determinations, or the associated community map repository or
web addresses also featured in the table. In this notice, FEMA is
publishing a table containing the accurate information, to address
these prior errors. The information provided below should be used in
lieu of that previously published.

------------------------------------------------------------------------
                                             Community Map Repository
               Community                             Address
------------------------------------------------------------------------
              Sullivan County, New York (All Jurisdictions)
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
Town of Neversink......................  Neversink Town Hall, 273 Main
                                          Street, Grahamsville, NY
                                          12740.
------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: July 11, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-17624 Filed 7-25-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Rules and Regulations]
[Pages 49919-49920]
[FR Doc No: 2021-19217]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0472; Airspace Docket No. 21-AEA-9]
RIN 2120-AA66

Revocation of Class E Airspace; Red Hook, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Class E airspace in Red Hook, NY, as
Skypark Airport has been abandoned, and controlled airspace is no
longer required. This action would enhance the safety and management of
controlled airspace within the national airspace system.

DATES: Effective 0901 UTC, December 2, 2021. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106,
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority

described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it removes the Class E airspace extending upward from 700
feet above the surface in Red Hook, NY, to support IFR operations in
the area.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 33584, June 25, 2021) for Docket No. FAA-2021-0472 to
remove Class E airspace extending upward from 700 feet above the
surface at Red Hook, NY, as Skypark Airport is abandoned and airspace
is no longer required.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA is amending 14 CFR part 71 by removing Class E airspace
extending upward from 700 feet above the surface at Skypark Airport,
Red Hook, NY, as the airport has closed. Therefore, the airspace is no
longer necessary. This action enhances the safety and management of
controlled airspace within the national airspace system.
    Subsequent to publication of the NPRM the FAA found the airport
name was incorrectly identified as Skyhawk Airport. This action
corrects this error.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is minimal. Since this is a routine matter that only
affects air traffic procedures an air navigation, it is certified that
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

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

* * * * *

AEA NY E5 Red Hook, NY [Removed]

    Issued in College Park, Georgia, on September 1, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2021-19217 Filed 9-3-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Notices]
[Page 23847]
[FR Doc No: 2015-10037]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Wednesday, April
29, 2015 at 12:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matter at the Closed Meeting.
    Commissioner Aguilar, as duty officer, voted to consider the item
listed for the Closed Meeting in closed session, and determined that no
earlier notice thereof was possible.
    The subject matter of the Closed Meeting will be a matter related
to an enforcement proceeding.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: April 24, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-10037 Filed 4-27-15; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76002-76003]
[FR Doc No: 2015-30705]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC16-42-000.
    Applicants: The Williams Companies, Inc., Energy Transfer Equity,
L.P.
    Description: Application For Authorization Under Section 203 of The
Federal Power Act To Merge Jurisdictional Facilities And Requests For
Expedited Treatment, Shortened Comment Period, And Waivers of The
Williams Companies, Inc., et al.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5426.
    Comments Due: 5 p.m. ET 12/16/15.

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

    Docket Numbers: ER10-2331-031; ER14-630-008; ER10-2326-029; ER10-
2330-030.
    Applicants: J.P. Morgan Ventures Energy Corporation, AlphaGen Power
LLC, Cedar Brakes I, L.L.C., Utility Contract Funding, L.L.C.
    Description: Supplement to June 23, 2015 Updated market power
analysis for the Central Region of the JPMorgan Sellers.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5425.
    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER15-303-001.
    Applicants: PJM Interconnection, L.L.C., American Transmission
Systems, Incorporated.
    Description: Compliance filing: ATSI compliance filing per 10/29/15
Order revising Attachment H-21A and H-21B to be effective 1/1/2015.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5173.
    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER15-1883-001; ER15-2601-001; ER15-2101-002; ER15-
1925-001; ER15-1418-001; ER14-2707-005; ER14-2138-003; ER13-752-007;
ER13-712-009; ER13-2112-003; ER13-1992-005; ER13-1991-005; ER12-569-
009; ER12-2227-008; ER12-2226-006; ER12-2225-006; ER12-1228-010; ER11-
3635-007; ER11-2642-008; ER11-26-008; ER11-2160-007; ER11-2037-008;
ER10-2551-007; ER10-2006-009; ER10-2005-008; ER10-1966-007; ER10-1965-
008; ER10-1964-008; ER10-1963-007; ER10-1962-007; ER10-1961-008; ER10-
1952-008; ER10-1950-008; ER10-1935-007; ER10-1932-007; ER10-1931-007;
ER10-1930-006; ER10-1928-010; ER10-1927-008; ER10-1925-008; ER10-1920-
010; ER10-1918-008; ER10-1915-007; ER10-1907-008; ER10-1906-006; ER10-
1905-008; ER10-1903-008; ER10-1902-008; ER10-1899-008; ER10-1897-008;
ER10-1890-007; ER10-1887-008; ER10-1857-007; ER10-1856-007; ER10-1855-
007; ER10-1852-012; ER10-1851-006; ER10-1849-008; ER10-1847-007; ER10-
1846-007; ER10-1845-008; ER10-1844-008; ER10-1843-008; ER10-1841-008;
ER10-1838-008; ER10-1836-008.
    Applicants: Adelanto Solar, LLC, Adelanto Solar, LLC, Adelanto
Solar II, LLC, Ashtabula Wind, LLC, Ashtabula Wind II, LLC, Ashtabula
Wind III, LLC, Backbone Mountain Windpower LLC, Baldwin Wind, LLC,
Bayswater Peaking Facility, LLC, Blackwell Wind, LLC, Breckinridge Wind
Project, LLC, Butler Ridge Wind Energy Center, LLC, Cimarron Wind
Energy, LLC, Crystal Lake Wind, LLC, Crystal Lake Wind II, LLC, Crystal
Lake Wind III, LLC, Day County Wind, LLC, Desert Sunlight 250, LLC,
Desert Sunlight 300, LLC, Diablo Winds, LLC, Elk City Wind, LLC, Elk
City II Wind, LLC, Energy Storage Holdings, LLC, Ensign Wind, LLC, ESI
Vansycle Partners, L.P., Florida Power & Light Company, FPL Energy
Burleigh

County Wind, LLC, FPL Energy Cabazon Wind, LLC, FPL Energy Cape, LLC,
FPL Energy Cowboy Wind, LLC, FPL Energy Green Power Wind, LLC, FPL
Energy Hancock County Wind, LLC, FPL Energy Illinois Wind, LLC, FPL
Energy Marcus Hook, L.P., FPL Energy MH50 L.P., FPL Energy Montezuma
Wind, LLC, FPL Energy Mower County, LLC, FPL Energy New Mexico Wind,
LLC, FPL Energy North Dakota Wind, LLC, FPL Energy North Dakota Wind
II, LLC, FPL Energy Oklahoma Wind, LLC, FPL Energy Oliver Wind I, LLC,
FPL Energy Oliver Wind II, LLC, FPL Energy Sooner Wind, LLC, FPL Energy
South Dakota Wind, LLC, FPL Energy Stateline II, Inc., FPL Energy
Vansycle, L.L.C, FPL Energy Wyman, LLC, FPL Energy Wyman IV, LLC,
Garden Wind, LLC, Genesis Solar, LLC, Golden West Power Partners, LLC,
Gray County Wind Energy, LLC, Green Mountain Storage, LLC, Hatch Solar
Energy Center I, LLC, Hawkeye Power Partners, LLC, High Majestic Wind
Energy Center, LLC, High Majestic Wind II, LLC, High Winds, LLC,
Jamaica Bay Peaking Facility, LLC, Lake Benton Power Partners II, LLC,
Langdon Wind, LLC, Limon Wind, LLC, Limon Wind II, LLC, Limon Wind III,
LLC, Logan Wind Energy LLC, Mammoth Plains Wind Project, LLC.
    Description: Supplement to October 28, 2015 Notice of Change in
Status of the NextEra Energy Companies [Part 1 of 2].
    Filed Date: 11/25/15.
    Accession Number: 20151125-5220.
    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER16-414-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revised Service Agreement
No. 1135; Queue K4 (ISA--Assignment Agreement) to be effective 6/4/
2004.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5047.
    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-415-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revised Service Agreement
No. 1791; Queue R74 (WMPA--Assignment Agreement) to be effective 10/30/
2007.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5057.
    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-416-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original Service Agreement
No. 4312; Queue No. AA2-058 to be effective 10/29/2015.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5083.
    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-417-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Distribution Service
Agreement Mirasol Development, LLC Ivanhoe Land 1A Project to be
effective 1/30/2016.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5092.
    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-418-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Distribution Service
Agreement Mirasol Development, LLC Ivanhoe Land 1B Project to be
effective 1/30/2016.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5093.
    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-419-000.
    Applicants: Dominion Energy Marketing, Inc.
    Description: Compliance filing: Compliance Filing--DEMI Removal of
Affiliate Waiver to be effective 11/1/2015.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5124.
    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-420-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3103 Plains and Eastern
Clean Line Oklahoma & SPS Inter Agr to be effective 11/6/2015.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5152.
    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-421-000.
    Applicants: Dominion Nuclear Connecticut, Inc.
    Description: Compliance filing: Compliance Filing--DNCI Removal of
Affiliate Waiver to be effective 11/1/2015.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5153.
    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-422-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original Service Agreement
No. 4300; Queue No. Z1-079 to be effective 10/30/2015.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5163.
    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-423-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Second Revised Service
Agreement No. 2775; Queue No. Y3-045/Y3-052/Y3-107 to be effective 10/
29/2015.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5172.
    Comments Due: 5 p.m. ET 12/21/15.

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

    Dated: November 30, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-30705 Filed 12-4-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Page 17830]
[FR Doc No: 2021-07071]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Revocation of Market-Based Rate Authority and
Termination of Electric Market-Based Rate Tariff

------------------------------------------------------------------------
                                                    Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports..............  ER02-2001-020
Palama LLC..............................  ER10-2809-000
City Power Marketing, LLC...............   ER10-3157-000
Oracle Energy Services, LLC.............  ER11-2436-000
EmpireCo Limited Partnership............  ER11-2882-001
Allied Energy Resources Corporation.....  ER11-4722-000
Entra Energy LLC........................  ER12-1137-000
BlueRock Energy, Inc....................  ER12-1269-000
Power Dave Fund LLC.....................  ER12-2217-004
ESS Lewes Project, LLC..................  ER17-3-001
ESS Snook Project, LLC..................  ER17-94-001
------------------------------------------------------------------------

    On February 24, 2021, the Commission issued an order announcing its
intent to revoke the market-based rate authority of several public
utilities that had failed to file their required Electric Quarterly
Reports.\1\ The Commission directed those public utilities to file the
required Electric Quarterly Reports within 15 days of the date of
issuance of the order or face revocation of their authority to sell
power at market-based rates and termination of their electric market-
based rate tariffs.\2\
---------------------------------------------------------------------------

    \1\ Elec. Q. Rep, 174 FERC ] 61,144 (2021) (February 24 Order).
    \2\ Id. at Ordering Paragraph A.
---------------------------------------------------------------------------

    The time period for compliance with the February 24 Order has
elapsed. The above-captioned companies failed to file their delinquent
Electric Quarterly Reports. The Commission hereby revokes, effective as
of the date of issuance of this notice, the market-based rate authority
and terminates the electric market-based rate tariff of each of the
companies which are named in the caption of this order.

    Dated: March 31, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-07071 Filed 4-5-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 14, 2006 (Volume 71, Number 135)]
[Rules and Regulations]
[Page 40025-40027]
[DOCID:fr14jy06-8]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 206

[Docket ID FEMA-2006-0028]
RIN 1660-AA45

Public Assistance Eligibility

AGENCY: Federal Emergency Management Agency (FEMA), Department of
Homeland Security (DHS).

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule will allow FEMA to reimburse State, Tribal
and local governments within an area designated under a Presidential
emergency or major disaster declaration for sheltering and evacuation
costs incurred outside of the designated area. Under this rule, FEMA
may also directly provide sheltering and evacuation assistance outside
of the designated area.

DATES: Effective: This rule is effective July 14, 2006. Comments:
Comments due on or before September 12, 2006.

ADDRESSES: You may submit comments, identified by Docket ID FEMA-2006-
0028, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the

instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>Include Docket ID FEMA-2006-0028 in the
subject line of the message.
    Fax:<PHONE_NUMBER>
    Mail/Hand Delivery/Courier: Rules Docket Clerk, Office of General
Counsel, Federal Emergency Management Agency, Room 835, 500 C Street,
SW., Washington, DC 20472.
    Instructions: All Submissions received must include the agency name
and Docket ID (if available) for this interim final rule. All comments
received will be posted without change to http://www.regulations.gov,

including any personal information provided. For detailed instructions
on submitting comments, see the ``Public Participation'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.
 Submitted comments may also be inspected at FEMA,

Office of General Counsel, 500 C Street, SW., Room 835, Washington, DC
20472.

FOR FURTHER INFORMATION CONTACT: James A. Walke, FEMA, 500 C Street,
SW., Washington, DC 20472, or call<PHONE_NUMBER>, or e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Public Participation

    Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
interim rule. FEMA also invites comments that relate to the economic,
environmental, or federalism affects that might result from this
interim rule. Comments that will provide the most assistance to FEMA in
developing these procedures will reference a specific portion of the
interim rule, explain the reason for any recommended change, and
include data, information, or authority that support such recommended
change.
    Instructions: All submissions received must include the agency name
and Docket ID for this rulemaking. All comments received will be posted
without change to http://www.regulations.gov, including any personal

information provided.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Submitted comments

may also be inspected at Office of General Counsel, Federal Emergency
Management Agency, 500 C Street, SW., Room 835, Washington, DC 20472.

Background

    In response to Hurricanes Katrina and Rita in 2005, pre- and post-
storm evacuations created a significant need for evacuation and
sheltering outside of the counties and States that were initially
designated eligible for assistance under the emergency and major
disaster declarations. State and local governmental entities outside of
the designated areas provided transportation and shelter for evacuees
and, as a result, incurred significant costs. However, FEMA's existing
regulation required that the eligible work be performed within the
designated disaster (or emergency) area. 44 CFR 206.223(a)(2).
Therefore, in order for the non-designated State and local governments
to recoup their eligible costs, the States were required to request and
obtain approval for a separate emergency declaration. Otherwise, there
was no mechanism whereby FEMA could provide assistance to those
entities that provided evacuation and sheltering services outside the
designated areas.

Discussion of Interim Rule

    This interim rule implements a change to 44 CFR 206.223(a)(2). This
rule will allow FEMA to reimburse for sheltering and evacuation costs
incurred outside of the area designated under a Presidential emergency
or major disaster declaration, if the costs are otherwise eligible for
Public Assistance funding. Under this rule, an eligible applicant (as
defined in 44 CFR 206.222) within the designated disaster area may
request an entity outside of the designated area to provide evacuation
and sheltering services for its citizens. In such circumstances, the
entity that provides the evacuation or sheltering services may seek
reimbursement under a mutual aid or similar agreement \1\ from the
eligible applicant within the designated area that requested the
services. The eligible applicant will reimburse the providing entity
and FEMA will then reimburse the eligible applicant. Alternatively,
FEMA may request an entity outside of the designated area to provide
evacuation and sheltering services for the affected

State or local government within the designated area. In this case,
FEMA will directly reimburse the providing entity for eligible costs.
---------------------------------------------------------------------------

    \1\ Mutual aid agreements where one State or local government
reimburses another State or local government for services provided
take many forms, including the Emergency Management Assistance
Compact, Public Law 104-321.
---------------------------------------------------------------------------

    This interim rule will eliminate the requirement that entities,
such as States and local governments that provide evacuation and
sheltering services outside of the designated areas, request and
receive an emergency declaration from the President before they can
recoup their eligible costs for those services.
    This interim rule will reduce costs and the administrative burden
associated with managing Presidential emergency declarations. By
eliminating the requirement for an emergency declaration, States will
not have to activate the same level of emergency management plans,
staff, and resources that are normally required to manage and
coordinate operations with FEMA. Furthermore, FEMA will realize cost
savings as it will not be required to activate and deploy a Federal
Coordinating Officer and the requisite support staff and resources to
manage its operations. Finally, FEMA and State governments will avoid
the administrative requirements for processing an emergency declaration
request or a request to add an area to an existing declaration. States
will still have the option of requesting an emergency declaration when
the effects of the event create conditions that warrant direct Federal
support or assistance to the State providing evacuation and sheltering.
    Since hurricane season started on June 1, 2006, and because this
rule removes restrictions now in place without adding any new
restrictions, this interim rule takes effect immediately. This will
allow FEMA to provide assistance for sheltering and evacuation
operations, such that the providing entities can be reimbursed while
eliminating the requirement that States request an emergency
declaration from the President. However, FEMA still seeks comments on
this rule, especially from State and local governmental entities that
have provided or received evacuation and sheltering services in
previously declared disasters and emergencies.
    FEMA is also aware of its responsibility to the taxpayers to ensure
that this program is operated with the appropriate level of
accountability. Therefore, FEMA particularly welcomes comments on
whether this interim rule effectively strikes the balance of providing
administrative flexibility to State and local governments while
safeguarding taxpayer resources.

Administrative Procedure Act

    In general, FEMA publishes a rule for public comment before issuing
a final rule under the Administrative Procedure Act (APA), 5 U.S.C.
533, and 44 CFR 1.12. However, FEMA is issuing this interim rule
immediately, and without prior notice and opportunity to comment
pursuant section 5 U.S.C. 553(b). This provision authorizes an agency
to issue a rule without prior notice and opportunity to comment when
the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.'' Id.
FEMA has determined that delaying implementation of this rule to await
public notice and comment is unnecessary, impracticable, and contrary
to the public interest for the following reasons:
    This interim rule is critically important in preparation for the
2006 hurricane season, which officially started on June 1, 2006. The
evacuation and sheltering operations following Hurricanes Katrina and
Rita in 2005 clearly demonstrate that FEMA needs the ability to address
evacuation and sheltering operations in a manner that eliminates
unnecessary costs, administrative requirements, and resource
deployment. Furthermore, under this rule emergency declaration requests
for evacuation and sheltering are unnecessary, thereby eliminating a
significant administrative and procedural burden for State governments
and FEMA.
    This interim rule will permit those entities that are not located
in a designated area to seek reimbursement without having to request an
emergency declaration. Any delay in implementing this interim rule
could affect the ability to provide these sheltering and evacuation
services for the current hurricane season and have a severe impact on
the health, safety, and welfare of the citizens of the affected areas.
The ability to provide these services could very well be negatively
affected because the administrative requirements removed by this rule
take extra time to satisfy in situations where time is of the essence.
Relieved of this burden, local jurisdictions and the Federal government
will be free to direct their resources to more urgent tasks of
evacuation and sheltering. Given that it is currently hurricane season,
situations requiring such urgent action could arise in a matter of
weeks or days, prior to a time when notice and comment rulemaking could
be completed.
    In accordance with 5 U.S.C. 553(d)(3), FEMA has determined that
delaying implementation of this rule to await public notice and comment
is unnecessary, impracticable, and contrary to the public interest.
Delay is impracticable and contrary to the public interest because
hurricane season began on June 1, 2006, and because of the critical
nature of providing evacuation and sheltering services. In the event of
another catastrophic disaster, resources will be so stressed that
freeing up any resources to use toward delivering services as permitted
by this rule will provide significant benefits to the impacted public.
    FEMA also finds good cause, under 5 U.S.C. 553(d)(3), for this
interim rule to take effect immediately. FEMA finds that, for the
reasons previously discussed, it would be impracticable and contrary to
the public interest to delay this rule taking effect due to the current
hurricane season and the critical nature of providing evacuation and
sheltering services. See also 5 U.S.C. 553(d)(1).
    Although FEMA has good cause to publish this rule without prior
notice and comment, FEMA values public comments. As a result, FEMA is
soliciting public comments on this interim rule and may revise the
final rule in response to those comments. In particular FEMA invites
comments from State and local governments who have both received and
provided evacuation and sheltering services.

Executive Order 12866--Regulatory Planning and Review

    Under Executive Order 12866, 58 FR 51735, October 4, 1993, a
``significant regulatory action''' is subject to Office of Management
and Budget (OMB) review and the requirements of Executive Order 12866.
Section 3(f) of the Executive Order defines ``significant regulatory
action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more,
or may adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.

    DHS and OMB have determined that this rule does not constitute a
significant regulatory action under Executive Order 12866. This interim
rule does not substantially change the amount of eligible grant funding
under Presidential emergency or major disaster declarations. Rather, it
alters the mechanism by which assistance for sheltering and evacuation
operations is delivered.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) mandates that an agency
conduct an RFA analysis when an agency is ``required by section 553 * *
* to publish general notice of proposed rulemaking for any proposed
rule * * *'' 5 U.S.C. 603(a). Accordingly, RFA analysis is not required
when a rule is exempt from notice and comment rulemaking under 5 U.S.C.
553(b). DHS has determined that good cause exists under 5 U.S.C.
553(b)(B) to exempt this rule from the notice and comment requirements
of 5 U.S.C. 553(b). Therefore no RFA analysis under 5 U.S.C. 603 is
required for this rule.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Unfunded Mandates Reform Act
addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year. The Unfunded Mandates Reform Act
does not require an assessment in the case of an interim rule issued
without prior notice and public comment. Nevertheless, FEMA does not
expect this rule to result in such expenditure.

Executive Order 13132, Federalism

    This interim rule will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. It will not preempt any State laws. In
accordance with section 6 of Executive Order 13132, FEMA determines
that this rule will not have federalism implications sufficient to
warrant the preparation of a federalism impact statement.

National Environmental Policy Act

    This interim rule falls within the exclusion category of 44 CFR
10.8(d)(2)(ii), which addresses the preparation, revision, adoption of
regulations, directives, manuals, and other guidance documents related
to actions that qualify for categorical exclusions. Because no other
extraordinary circumstances have been identified, this interim rule
will not require the preparation of either an environmental assessment
or an environmental impact statement as defined by the National
Environmental Policy Act.

Paperwork Reduction Act of 1995

    This interim rule will not revise information collection
requirements currently approved under the Paperwork Reduction Act of
1995. Under the Paperwork Reduction Act, a person may not be penalized
for failing to comply with an information collection that does not
display a currently valid OMB control number. FEMA has determined that
because the interim rule would not involve information collection,
there is no need to address the Paperwork Reduction Act in the
promulgation of the rule.

List of Subjects in 44 CFR Part 206

    Public Assistance, Work Eligibility.

0
Accordingly, for the reasons set forth in the preamble, FEMA amends
part 206 of Chapter I of title 44 of the Code of Federal Regulations as
follows:

PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR
AFTER NOVEMBER 23, 1988

0
1. Revise the authority citation for part 206 to read as follows:

    Authority: Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5206; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR
19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR,
1979 Comp., p. 412; and E.O. 12673, 54 FR 12571, 3 CFR, 1989 Comp.,
p. 214.

0
2. Revise Sec.  206.223(a)(2) to read as follows:

Sec.  206.223  General work eligibility.

    (a) * * *
    (2) Be located within a designated disaster area, except that
sheltering and evacuation activities may be located outside the
designated disaster area, and
* * * * *

    Dated: July 10, 2006.
R. David Paulison,
Director, Federal Emergency Management Agency, Department of Homeland
Security.
[FR Doc. E6-11128 Filed 7-13-06; 8:45 am]

BILLING CODE 9110-10-P


 [Federal Register: February 14, 2008 (Volume 73, Number 31)] [Rules and Regulations]                [Page 8606-8608] [DOCID:fr14fe08-13]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 184

[Docket No. FDA-2008-N-0068]

  Generally Recognized As Safe Substances; Technical Amendments

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendments.

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

SUMMARY: The Food and Drug Administration (FDA) is amending certain  regulations regarding generally recognized as safe (GRAS) substances to  remove references to FDA development of food-grade specifications in  cooperation with the National Academy of Sciences (NAS, now the  National Academies). This action is editorial in nature and is intended  to ensure the accuracy of the agency's regulations.

DATES: This rule is effective February 14, 2008.

FOR FURTHER INFORMATION CONTACT:  Daniel E. Folmer, Center for Food  Safety and Applied Nutrition (HFS-265), Food and Drug Administration,  5100 Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FDA is amending its regulations in part 184  (21 CFR part 184). Several sections in part 184 state that FDA is  developing food-grade specifications in cooperation with the National  Academy of Sciences (NAS, now the National Academies). However, the  National Academies is no longer developing food-grade specifications  for food additives and ingredients. Therefore, this rule removes the  obsolete information.     The final rule contains no collection of information. Therefore,  clearance by the Office of Management and Budget under the Paperwork  Reduction Act of 1995 is not required.     Publication of this document constitutes final action on these  changes under the Administrative Procedure Act (5 U.S.C. 553). These  amendments remove obsolete information and are nonsubstantive. FDA  therefore, for good cause, finds under 5 U.S.C. 553(b)(3)(B) and (d)(3)  that notice and public comment are unnecessary.

List of Subjects in 21 CFR Part 184

    Food additives.

0 Therefore, under the Federal Food, Drug, and Cosmetic Act and under  authority delegated to the Commissioner of Food and Drugs, 21 CFR part  184 is amended as follows:

PART 184--DIRECT FOOD SUBSTANCES AFFIRMED AS GENERALLY RECOGNIZED  AS SAFE

0 1. The authority citation for 21 CFR part 184 continues to read as  follows:

    Authority: 21 U.S.C. 321, 342, 348, 371.

0 2. Section 184.1065 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1065  Linoleic acid.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. The ingredient must also meet the specifications in Sec.   172.860(b) of this chapter. * * * * *

0 3. Section 184.1140 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1140  Ammonium citrate, dibasic.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 4. Section 184.1155 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1155  Bentonite.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 5. Section 184.1165 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1165  n-Butane and iso-butane.

* * * * *     (b) The ingredients must be of a purity suitable for their intended  use. * * * * *

0 6. Section 184.1240 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1240  Carbon dioxide.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 7. Section 184.1261 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1261  Copper sulfate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 8. Section 184.1262 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1262  Corn silk and corn silk extract.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 9. Section 184.1265 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1265  Cuprous iodide.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 10. Section 184.1287 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1287  Enzyme-modified fats.

* * * * *     (b) The ingredients must be of a purity suitable for their intended  use. * * * * *

0 11. Section 184.1297 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1297  Ferric chloride.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 12. Section 184.1298 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1298  Ferric citrate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 13. Section 184.1307 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1307  Ferric sulfate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 14. Section 184.1307a is amended by revising paragraph (b) to read as  follows:

Sec.  184.1307a  Ferrous ascorbate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 15. Section 184.1307b is amended by revising paragraph (b) to read as  follows:

Sec.  184.1307b  Ferrous carbonate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 16. Section 184.1307c is amended by revising paragraph (b) to read as  follows:

Sec.  184.1307c  Ferrous citrate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 17. Section 184.1321 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1321  Corn gluten.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 18. Section 184.1322 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1322  Wheat gluten.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 19. Section 184.1323 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1323  Glyceryl monooleate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 20. Section 184.1324 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1324  Glyceryl monostearate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 21. Section 184.1355 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1355  Helium.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 22. Section 184.1386 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1386  Isopropyl citrate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 23. Section 184.1445 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1445  Malt syrup (malt extract).

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 24. Section 184.1449 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1449  Manganese citrate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 25. Section 184.1521 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1521  Monosodium phosphate derivatives of mono- and  diglycerides.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 26. Section 184.1537 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1537  Nickel.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 27. Section 184.1540 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1540  Nitrogen.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 28. Section 184.1545 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1545  Nitrous oxide.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 29. Section 184.1553 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1553  Peptones.

* * * * *     (b) The ingredients must be of a purity suitable for their intended  use. * * * * *

0 30. Section 184.1555 is amended by revising paragraph (c)(3) to read as  follows:

Sec.  184.1555  Rapeseed oil.

* * * * *     (c) * * *     (3) In addition to limiting the content of erucic acid to a level  not exceeding 2 percent of the component fatty acids, low erucic acid  rapeseed oil and partially hydrogenated low erucic acid rapeseed oil  must be of a purity suitable for their intended use. * * * * *

0 31. Section 184.1639 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1639  Potassium lactate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 32. Section 184.1655 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1655  Propane.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 33. Section 184.1764 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1764  Sodium hypophosphite.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 34. Section 184.1768 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1768  Sodium lactate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 35. Section 184.1769a is amended by revising paragraph (b) to read as  follows:

Sec.  184.1769a  Sodium metasilicate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 36. Section 184.1848 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1848  Starter distillate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 37. Section 184.1851 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1851  Stearyl citrate.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 38. Section 184.1854 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1854  Sucrose.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 39. Section 184.1859 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1859  Invert sugar.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 40. Section 184.1865 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1865  Corn syrup.

* * * * *     (b) The ingredient meets the specifications as defined and  determined in Sec.  168.120(b) or Sec.  168.121(a) of this chapter, as  appropriate. * * * * *

0 41. Section 184.1923 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1923  Urea.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

0 42. Section 184.1950 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1950  Vitamin D.

* * * * *     (b) Vitamin D2 and vitamin D3 as crystals  meet the specifications of the Food Chemicals Codex, 3d Ed. (1981), pp.  344 and 345, which is incorporated by reference. Copies are available  from the National Academy Press, 2101 Constitution Ave. NW.,  Washington, DC 20418, or available for inspection at the National  Archives and Records Administration (NARA). For information on the  availability of this material at NARA, call<PHONE_NUMBER>, or go to:  http://www.archives.gov/federal_register/code_of_federal_ regulations_/ibr_locations.html. Vitamin D2 resin and  vitamin D3 resin must be of a purity suitable for their  intended use. * * * * *

0 43. Section 184.1984 is amended by revising paragraph (b) to read as  follows:

Sec.  184.1984  Zein.

* * * * *     (b) The ingredient must be of a purity suitable for its intended  use. * * * * *

    Dated: February 8, 2008. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E8-2809 Filed 2-13-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Pages 59455-59456]
[FR Doc No: 2011-24590]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29794; File No. 812-13855]

Curian Series Trust and Curian Capital, LLC; Notice of
Application

AGENCY: Securities and Exchange Commission (``Commission'').

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

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SUMMARY: The requested order would permit certain registered open-end
management investment companies to enter into and materially amend
subadvisory agreements without shareholder approval.
    Applicants: Curian Series Trust (``Trust'') and Curian Capital, LLC
(the ``Adviser'').

DATES: Filing Dates: The application was filed on December 30, 2010,
and amended on June 7, 2011 and September 16, 2011.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on October 14, 2011 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 reasons 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, Curian Series
Trust, 7601 Technology Way, Denver, CO 80237.

FOR FURTHER INFORMATION CONTACT: Jaea F. Hahn, Senior Counsel at (202)
551-6870, or Jennifer L. Sawin, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

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

Applicants' Representations

    1. The Trust is organized as a Massachusetts business trust and is
registered under the Act as an open-end management investment company.
The Trust is currently comprised of three separate series, Curian/PIMCO
Total Return Fund, Curian/PIMCO Income Fund, and Curian/WMC
International Equity Fund (the ``Initial Funds''), each with its own
distinct investment objectives, policies and restrictions.\1\ Each
Initial Fund currently employs an unaffiliated subadviser (each, a
``Subadviser'').
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    \1\ Applicants also request relief with respect to future series
of the Trust and any other existing or future registered open-end
management investment company or series thereof that: (a) is advised
by the Adviser or any entity controlling, controlled by, or under
common control with the Adviser or its successors (included in the
term ``Adviser''); (b) uses the manager of managers structure
described in the application (``Manager of Managers Structure'');
and (c) complies with the terms and conditions of the application
(together with the Initial Funds, the ``Funds''). The only existing
registered open-end management investment company that currently
intends to rely on the requested order is named as an applicant. If
the name of any Fund contains the name of a Subadviser (as defined
below), the name of the Adviser will precede the name of the
Subadviser. For purposes of the requested order, ``successor'' is
limited to any entity or entities that result from a reorganization
into another jurisdiction or a change in the type of business
organization.
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    2. The Adviser is registered as an investment adviser under the
Investment Advisers Act of 1940 (``Advisers Act''). The Adviser serves
as investment adviser to each Initial Fund under an investment advisory
agreement (``Advisory Agreement'') with the Trust. An Adviser will also
serve as the investment adviser to any future Funds. Each Initial
Fund's Advisory Agreement was approved by the Trust's board of trustees
(``Board''), including a majority of trustees who are not ``interested
persons,'' as defined in section 2(a)(19) of the Act, of the Trust, the
Adviser, or the Subadvisers (``Independent Trustees'') and by that
Fund's shareholders.
    3. Under the terms of the Advisory Agreement, and subject to the
authority of the Board, the Adviser is responsible for the overall
management of the Initial Funds' business affairs and selecting the
Initial Funds' investments in accordance with each Fund's investment
objectives, policies and restrictions. For the investment advisory
services that it provides to the Initial Funds, the Adviser receives
the fee specified in the Advisory Agreement from each Fund. Under the
Advisory Agreement, the Adviser may retain one or more subadvisers for
the purpose of managing the investment of the assets of the Funds.
Pursuant to this authority, the Adviser has entered into investment
subadvisory agreements (``Subadvisory Agreements'') with two
Subadvisers to provide investment advisory services to the Initial
Funds. Each Subadviser is and each future Subadviser will be registered
as an investment adviser under the Advisers Act. The Adviser will
obtain for the Funds the services of one or more Subadvisers, evaluate
and allocate assets to, and oversee the Subadvisers, and make
recommendations about their hiring, termination and replacement to the
Board, at all times subject to the authority of the Board. The
Subadvisers are expected to be compensated directly by each Fund.\2\
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    \2\ It is possible that, in the future, a Subadviser to a Fund
may be compensated by the Adviser out of the advisory fees the
Adviser receives from the Fund.
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    4. Applicants request an order to permit the Adviser, subject to
Board approval, to enter into and materially amend Subadvisory
Agreements without obtaining shareholder approval. The requested relief
will not extend to any subadviser that is an affiliated person, as
defined in section 2(a)(3) of the Act, of the Trust, a Fund or the
Adviser (other than by reason of serving as a subadviser to one or more
of the Funds) (``Affiliated Subadviser'').

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of stock in a series company affected by a matter must approve such
matter if the Act requires shareholder approval.
    2. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provision of the Act, or
from any rule thereunder, if and

to the extent that such exemption is necessary or appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard for
the reasons discussed below.
    3. Applicants state that the shareholders rely on the Adviser's
experience to select one or more Subadvisers best suited to achieve the
Fund's investment objectives. Applicants assert that, from the
perspective of the investor, the role of the Subadvisers is
substantially equivalent to that of the individual portfolio managers
employed by the Adviser for Fund assets managed by the Adviser.
Applicants contend that requiring shareholder approval of Subadvisory
Agreements would impose costs and unnecessary delays on the Funds and
may preclude the Adviser and the Board from acting promptly when a
change in Subadvisers would benefit a Fund. Applicants note that each
Advisory Agreement and any subadvisory agreement with an Affiliated
Subadviser will remain subject to the shareholder approval requirements
of section 15(a) and rule 18f-2 under the Act.

Applicants' Conditions

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

    For the Commission, by the Division of Investment Management,
under delegated authority.

    Dated: September 19, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-24590 Filed 9-23-11; 8:45 am]
BILLING CODE 8011-01-P