[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Notices]
[Pages 14659-14660]
[FR Doc No: 2019-07213]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2013-0119; FRL-9992-06-OAR]

Proposed Information Collection Request; Comment Request; Motor
Vehicle and Engine Compliance Program Fees (Renewal), EPA ICR 2080.07,
OMB Control No. 2060-0545

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Motor Vehicle and Engine
Compliance Program Fees (Renewal)'' (EPA ICR No. 2080.07, OMB Control
No. 2060-0545) to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). Before doing so, EPA is soliciting public comments on
specific aspects of the proposed information collection as described
below. This is a proposed extension of the ICR, which is currently
approved through December 31, 2019. 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.

DATES: Comments must be submitted on or before June 10, 2019.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2013-0119 referencing the Docket ID numbers provided for each item in
the text, online using 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.
    EPA's policy is that all comments received will be included in the
public 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.

FOR FURTHER INFORMATION CONTACT: Lynn Sohacki, Compliance Division,
Office of Transportation and Air Quality, Environmental Protection
Agency, 2000 Traverwood Dr., Ann Arbor, MI 48105; telephone number:
734-214-4851, fax number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through 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. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: As required by the Clean Air Act, EPA has regulations
establishing emission standards and other requirements for various
classes of vehicles, engines, and evaporative emission component. These
regulations require that compliance be demonstrated prior to EPA
granting a ``Certificate of Conformity''. EPA charges fees for
administering this certification program. In 2004 the fees program was
expanded to include nonroad categories of vehicles and engines, such as
several categories of marine engines, locomotives, non-road
recreational vehicles, and many nonroad compression-ignition and spark-
ignition engines. Manufacturers and importers of covered vehicles,
engines and components are required to pay the applicable certification
fees prior to their certification applications being reviewed by the
Agency. Under section 208 of the Clean Air Act (42 U.S.C. 7542(c)) all
information, other than trade secret processes or methods, must be
publicly available. Information about fee payments is treated as
confidential information prior to certification.
    Form Numbers: 3520-29.
    Respondents/affected entities: Manufacturers or importers of
passenger cars, motorcycles, light trucks, heavy duty truck engines,
nonroad vehicles or engines, and evaporative emissions components are
required to receive a certificate of conformity from EPA prior to
selling or introducing these products into commerce in the U.S.
    Respondent's obligation to respond: Required to obtain or retain a
benefit (40 CFR part 1027).
    Estimated number of respondents: 611 (total).
    Frequency of response: An average of approximately eight responses
per respondent per year.
    Total estimated burden: 1,019 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $67,445 (per year), includes $11,411
annualized capital or operation & maintenance costs.
    Changes in Estimates: There is an increase of 92 hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. This increase is based on the increase in the number applications
for certification and the associated fees, updates and corrections that
are filed by the manufacturer as part of the fee payment process.

    Dated: April 3, 2019.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation and Air
Quality, Office of Air and Radiation.
[FR Doc. 2019-07213 Filed 4-10-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Notices]
[Page 57762-57763]
[DOCID:fr22se10-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-2546-000]

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

September 14, 2010.
    This is a supplemental notice in the above-referenced proceeding of
Greenbelt Energy LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 4, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC

Online service, please e-mail<EMAIL_ADDRESS>or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-23617 Filed 9-21-10; 8:45 am]
BILLING CODE 6717-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

	      Issued by the Department of Transportation on February 25, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2000-7252

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated

(no additional confirming order will be issued in this matter).

Applicant:  C.A.L. Cargo Air Lines Ltd.						Date Filed:  February 4,
2003

Relief requested:  Renew exemption from 49 U.S.C. 41301 to conduct
scheduled foreign air transportation of property and mail between Tel
Aviv, Israel, via the intermediate point Luxembourg (with a technical
stop in Gander, Newfoundland), and the coterminal points New York, NY,
and Chicago, IL; and all-cargo charters pursuant to 14 CFR 212 of the
Department’s regulations.

If renewal, date and citation of last action:  Notice of Action Taken
dated February 6, 2002, in this docket

Applicant representative:  Evelyn Sahr<PHONE_NUMBER>		DOT analyst:
Barbara Schools<PHONE_NUMBER>

Responsive pleadings:  None

	DISPOSITION

Action:  Approved									Action date:  February 25, 2003

Effective dates of authority granted:  February 25, 2003  -  February
25, 2004

Basis for approval (bilateral agreement/reciprocity):  U.S.-Israel Air
Transport Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

 X  Standard exemption conditions (attached)        __ Foreign air
carrier permit conditions (Order   -  -  )

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
____________________________________________________________

We found that the applicant was qualified to perform its proposed
operations.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

												        Appendix A

FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY

In the conduct of the operations authorized, the holder shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security;1

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are:

   (a)  based on its operations in international air transportation
that, according to the contract of carriage, include a point in the
United States as a point of origin, point of destination, or agreed
stopping place, or for which the contract of carriage was purchased in
the United States; or

   (b)  based on a claim under any international agreement or treaty
cognizable in any court or other tribunal of the United States.

In this condition, the term "international air transportation" means
"international transportation" as defined by the Warsaw Convention,
except that all States shall be considered to be High Contracting
Parties for the purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code (formerly the
Federal Aviation Act of 1958, as amended).__________________

1  To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) from a foreign airport that would be
the holder’s last point of departure for the United States, inform its
Principal Security Inspector of its plans.

U.S. Department of Transportation

Office of the Secretary of Transportation									        (41301/40109)
10/2002


Appendix C  Occupational Post Application Risks of 2,4 D Short Term Exposures Chemical: 2,4 D Reason: Short Term Exposure Date: 05/ 20/ 04 Assessor: TD Crops Applicable TC Groups Spreadsheet Number Cereal Grains Field Row/ Low Medium C1 Corn, Field Field Row/ Tall C2 Corn, Sweet Field Row/ Tall C3 Potato Vegetable/ Root C4 Rice Field Row/ Low Medium C5 Sorghum Field Row/ Tall C6 Sugarcane Sugarcane C7 Turf/ Sod ( California Conditions) Turf C8 Turf/ Sod ( North Carolina Conditions) Turf C9 DFR/ TTR Data Defaults:

Initial Percent of Rate as DFR (%): 20 Dissipation Rate per day (%): 10 Toxicology & Exposure Factor Inputs:

Uncertainty Factor: 100 NOAEL ( mg/ kg/ day): 25 Source of NOAEL: Rat Developmental Study ( Oral)

Adult Exposure Duration ( hrs/ day): 8 Adult Body Weight ( kg): 60 Dermal Abs. (%): 5.8 Appendix C  Occupational Post Application Risks of 2,4 D Short Term Exposures Spreadsheet C1 Chemical: 2,4 D Reason: Short Term Exposure Transfer Coefficient Group: Field/ row crop, low/ medium Specific Crop( s) Considered: Cereal Grains Application Rate of Crop ( lb ae/ A): 1.25 Application Rate Source: Master Label Post Emergence Rate DFR Data Summary Data Source ( enter 1 if data available, 0 if defaults): 0 Source:

Slope of Semilog Regression:

[ Initial] ( ug/ cm2):

Study Application Rate ( lb ae/ A): 1.25 Limit of Quantification ( ug/ cm2):

[ Note: Enter application rate of crop if no data available in study rate cell.]

Exposure Inputs Summary Exposure Potential Transfer Coefficients ( cm2/ hour) Activities Used For RA Range Very Low N/ A N/ A N/ A Low 100 TBD Irrigation, scouting, thinning, weeding immature/ low foliage plants Medium 1500 486 to 2760 Irrigation, scouting, weeding mature/ high foliage plants DAT DFR LEVELS DOSE MOES ( ug/ cm2) ( mg/ kg/ day)

Not Adjusted Adjusted For Rate Low Exposure Medium Exposure Low Medium 0 2.805 2.805 0.0022 0.0325 11526 768 Appendix C  Occupational Post Application Risks of 2,4 D Short Term Exposures Spreadsheet C2 Chemical: 2,4 D Reason: Short Term Exposure Transfer Coefficient Group: Field/ row crop, tall Specific Crop( s) Considered: Field Corn Application Rate of Crop ( lb ae/ A): 1.5 Application Rate Source: Master Label DFR Data Summary Data Source ( enter 1 if data available, 0 if defaults): 0 Source: N/ A Slope of Semilog Regression: N/ A [ Initial] ( ug/ cm2): N/ A Study Application Rate ( lb ae/ A): 1.5 Limit of Quantification ( ug/ cm2): N/ A [ Note: Enter application rate of crop if no data available in study rate cell.]

Exposure Inputs Summary Exposure Potential Transfer Coefficients ( cm2/ hour) Activities Used For RA Range Very Low N/ A N/ A N/ A Low 100 TBD scouting, weeding immature/ low foliage plants Medium 400 418 to 1980 scouting, weeding more mature/ foliaged plants High 1000 418 to 1980 scouting, irrigation, weeding mature/ full foliage plants DAT DFR LEVELS DOSE MOES ( ug/ cm2) ( mg/ kg/ day)

Not Adjusted Adjusted For Rate Low Exposure Med Exposure High Exposure Low Medium High 0 3.366 3.366 0.0026 0.0104 0.0260 9605 2401 961 Appendix C  Occupational Post Application Risks of 2,4 D Short Term Exposures Spreadsheet C3 Chemical: 2,4 D Reason: Short Term Exposure Transfer Coefficient Group: Field/ row crop, tall Specific Crop( s) Considered: Sweet Corn Application Rate of Crop ( lb ae/ A): 0.5 Application Rate Source: Master Label DFR Data Summary Data Source ( enter 1 if data available, 0 if defaults): 0 Source: N/ A Slope of Semilog Regression: N/ A [ Initial] ( ug/ cm2): N/ A Study Application Rate ( lb ae/ A): 0.5 Limit of Quantification ( ug/ cm2): N/ A [ Note: Enter application rate of crop if no data available in study rate cell.]

Exposure Inputs Summary Exposure Potential Transfer Coefficients ( cm2/ hour) Activities Used For RA Range Very Low N/ A N/ A N/ A Low 100 TBD scouting, weeding immature/ low foliage plants Medium 400 418 to 1980 scouting, weeding more mature/ foliaged plants High 1000 418 to 1980 Does not Apply Very High 17000 6748 to 25254 Does not apply DAT DFR LEVELS DOSE MOES ( ug/ cm2) ( mg/ kg/ day)

Not Adjusted Adjusted For Rate Low Exposure Med Exposure Low Medium 0 1.122 1.122 0.0009 0.0035 28815 7204 Appendix C  Occupational Post Application Risks of 2,4 D Short Term Exposures Spreadsheet C4 Chemical: 2,4 D Reason: Short Term Exposure Transfer Coefficient Group: Root Vegetables Specific Crop( s) Considered: potatoes Application Rate of Crop ( lb ae/ A): 0.07 Application Rate Source: Master Label DFR Data Summary Data Source ( enter 1 if data available, 0 if defaults): 0 Source: N/ A Slope of Semilog Regression: N/ A [ Initial] ( ug/ cm2): N/ A Study Application Rate ( lb ae/ A): 0.07 Limit of Quantification ( ug/ cm2): N/ A [ Note: Enter application rate of crop if no data available in study rate cell.]

Exposure Inputs Summary Exposure Potential Transfer Coefficients ( cm2/ hour) Activities Used For RA Range Very Low N/ A N/ A N/ A Low 300 140 to 290 Irrigation, scouting, thinning, weeding immature plants Medium 1500 486 to 2760 Irrigation and scouting mature plants Very High N/ A N/ A N/ A DAT DFR LEVELS DOSE MOES ( ug/ cm2) ( mg/ kg/ day)

Not Adjusted Adjusted For Rate Low Exposure Medium Exposure Low Medium 0 0.157 0.157 0.0004 0.0018 68608 13722 Appendix C  Occupational Post Application Risks of 2,4 D Short Term Exposures Spreadsheet C5 Chemical: 2,4 D Reason: Short Term Exposure Transfer Coefficient Group: Field/ row crop, low/ medium Specific Crop( s) Considered: Rice Application Rate of Crop ( lb ae/ A): 1.5 Application Rate Source: Master Label DFR Data Summary Data Source ( enter 1 if data available, 0 if defaults): 0 Source:

Slope of Semilog Regression:

[ Initial] ( ug/ cm2):

Study Application Rate ( lb ae/ A): 1.5 Limit of Quantification ( ug/ cm2):

[ Note: Enter application rate of crop if no data available in study rate cell.]

Exposure Inputs Summary Exposure Potential Transfer Coefficients ( cm2/ hour) Activities Used For RA Range Very Low N/ A N/ A N/ A Low 100 TBD Irrigation, scouting, thinning, weeding immature/ low foliage plants Medium 1500 486 to 2760 Irrigation, scouting, weeding mature/ high foliage plants DAT DFR LEVELS DOSE MOES ( ug/ cm2) ( mg/ kg/ day)

Not Adjusted Adjusted For Rate Low Exposure Medium Exposure Low Medium 0 3.366 3.366 0.0026 0.0390 9605 640 Appendix C  Occupational Post Application Risks of 2,4 D Short Term Exposures Spreadsheet C6 Chemical: 2,4 D Reason: Short Term Exposure Transfer Coefficient Group: Field/ row crop, tall Specific Crop( s) Considered: Sorghum Application Rate of Crop ( lb ae/ A): 1 Application Rate Source: Master Label DFR Data Summary Data Source ( enter 1 if data available, 0 if defaults): 0 Source: N/ A Slope of Semilog Regression: N/ A [ Initial] ( ug/ cm2): N/ A Study Application Rate ( lb ae/ A): 1 Limit of Quantification ( ug/ cm2): N/ A [ Note: Enter application rate of crop if no data available in study rate cell.]

Exposure Inputs Summary Exposure Potential Transfer Coefficients ( cm2/ hour) Activities Used For RA Range Very Low N/ A N/ A N/ A Low 100 TBD scouting, weeding immature/ low foliage plants Medium 400 418 to 1980 scouting, weeding more mature/ foliaged plants DAT DFR LEVELS DOSE MOES ( ug/ cm2) ( mg/ kg/ day)

Not Adjusted Adjusted For Rate Low Exposure Medium Exposure Low Medium 0 2.244 2.244 0.0017 0.0069 14408 3602 Appendix C  Occupational Post Application Risks of 2,4 D Short Term Exposures Spreadsheet C7 Chemical: 2,4 D Reason: Short Term Exposure Transfer Coefficient Group: Sugarcane Specific Crop( s) Considered: Sugarcane Application Rate of Crop ( lb ae/ A): 2 Application Rate Source: Master Label DFR Data Summary Data Source ( enter 1 if data available, 0 if defaults): 0 Source: N/ A Slope of Semilog Regression: N/ A [ Initial] ( ug/ cm2): N/ A Study Application Rate ( lb ae/ A): 2 Limit of Quantification ( ug/ cm2): N/ A [ Note: Enter application rate of crop if no data available in study rate cell.]

Exposure Inputs Summary Exposure Potential Transfer Coefficients ( cm2/ hour) Activities Used For RA Range Very Low N/ A N/ A N/ A Low N/ A N/ A N/ A Medium 1000 418 to 1980 Scouting immature plants High 2000 418 to 1980 Scouting mature plants Very High N/ A N/ A N/ A DAT DFR LEVELS DOSE MOEs ( ug/ cm2) ( mg/ kg/ day)

Not Adjusted Adjusted For Rate Medium Exposure High Exposure Medium High 0 4.488 4.488 0.0347 0.0694 720 360 Appendix C  Occupational Post Application Risks of 2,4 D Short Term Exposures Spreadsheet C8 Chemical: 2,4 D Reason: Short Term Exposure Transfer Coefficient Group: Turf Specific Crop( s) Considered: Golf course and sodfarm turf Using California TTR Data Application Rate of Crop ( lb ae/ A): 2 DFR Data Summary Data Source ( enter 1 if data available, 0 if defaults): 1 Source: Turf Task Force Slope of Semilog Regression: ( CA TTR Data)  0.26 [ Initial] ( ug/ cm2): ( CA TTR Data) 0.242 Study Application Rate ( lb ae/ A): 1.66 Limit of Quantification ( ug/ cm2): 0.000879 Exposure Inputs Summary Exposure Potential Transfer Coefficients ( cm2/ hour) Activities Used For RA Range Very Low N/ A N/ A N/ A Low 3400 N/ A Mowing Medium N/ A N/ A N/ A High 6800 N/ A Transplanting, handweeding Very High N/ A N/ A N/ A DAT DFR LEVELS DOSE MOEs ( ug/ cm2) ( mg/ kg/ day)

Not Adjusted Adjusted For Rate Low Exposure High Exposure Low High 0 0.242 0.292 0.008 0.015 3261 1631 Appendix C  Occupational Post Application Risks of 2,4 D Short Term Exposures Spreadsheet C9 Chemical: 2,4 D Reason: Short Term Exposure Transfer Coefficient Group: Turf Specific Crop( s) Considered: Golf course and sodfarm turf using North Carolina TTR Data Application Rate of Crop ( lb ae/ A): 2 DFR Data Summary Data Source ( enter 1 if data available, 0 if defaults): 1 Source: Turf Task Force Slope of Semilog Regression: ( NC TTR Data)  0.832 [ Initial] ( ug/ cm2): ( NC 1 DMA TTR Data) 0.561 Study Application Rate ( lb ae/ A): 1.76 Limit of Quantification ( ug/ cm2): 0.000879 Exposure Inputs Summary Exposure Potential Transfer Coefficients ( cm2/ hour) Activities Used For RA Range Very Low N/ A N/ A N/ A Low 3400 N/ A Mowing, Turf Maintenance Medium N/ A N/ A N/ A High 6800 N/ A Transplanting, handweeding Very High N/ A N/ A N/ A DAT DFR LEVELS DOSE MOEs ( ug/ cm2) ( mg/ kg/ day)

Not Adjusted Adjusted For Rate Low Exposure High Exposure Low High 0 0.561 0.638 0.017 0.034 1491 746


[Federal Register: November 29, 2010 (Volume 75, Number 228)]
[Notices]
[Page 73074]
[DOCID:fr29no10-74]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-2079-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization

November 18, 2010.

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

------------------------------------------------------------------------
Duke Energy Fayette II, LLC...............  Docket No. ER11-2079-000.
------------------------------------------------------------------------

    This is a supplemental notice in the above-referenced proceeding,
of Duke Energy Fayette II, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is December 7, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-29840 Filed 11-26-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Rules and Regulations]
[Pages 77709-77710]
[FR Doc No: 2022-27469]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1031; Airspace Docket No. 22-ANM-1]
RIN 2120-AA66

Establishment of Class E Airspace; Brookings Airport, Brookings,
OR

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Brookings Airport, OR. This action will
support the Airport's transition from visual flight rules (VFR) to
instrument flight rules (IFR) at the airport.

DATES: Effective 0901 UTC, February 23, 2023. The Director of the
Federal Register approves this incorporation by reference under Title 1
CFR part 51, subject to the annual revision of FAA Order JO 7400.11,
Airspace Designations and Reporting Points, and publication of
conforming amendments.

ADDRESSES: FAA Order JO 7400.11G and subsequent amendments can be
viewed online at 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:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Nathan A. Chaffman, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106,
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the Agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would establish Class E airspace extending upward from 700 feet
above the surface at Brookings Airport, OR, to support IFR operations
at the airport.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register for FAA-2022-1031 (87 FR 57160; September 19, 2022) to
establish Class E airspace extending upward from 700 feet above the
surface at Brookings Airport, OR. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. Two comments were received. One comment was in
favor, and the other was not germane to the proposal.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 by establishing Class E airspace
extending upward from 700 feet above the surface at Brookings Airport,
OR. Class E airspace extending upward from 700 feet above the surface
is intended to contain departing aircraft until reaching 1,200 feet
above the surface, and arriving aircraft below 1,500 feet above the
surface. The airspace is centered on the Brookings Airport reference
point, with a 6.4-mile radius, excluding the portion northeast of the
airport, as circling is not authorized there. A 6.4-mile radius is
needed due to rising terrain from north to southeast of the airport,
clockwise.
    The Class E5 airspace designation is published in paragraph 6005 of
FAA Order JO 7400.11G, dated August 19, 2022, and effective September
15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designation listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11 is published annually and becomes 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, is
non-controversial, and unlikely to result in adverse or negative
comments. 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 so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would 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 the preparation of an environmental
assessment.

List of Subjects in 14 CFR Part 71

    Airspace, incorporation by reference, navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the FAA 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 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

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

* * * * *

ANM OR E5 Brookings, OR [New]

Brookings Airport, OR
    (Lat. 42[deg]04'26'' N, long. 124[deg]17'23'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the airport beginning at the 127[deg]
bearing to the 340[deg] bearing, thence to the point of beginning.

    Issued in Des Moines, Washington, on December 13, 2022.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2022-27469 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11107-11108]
[FR Doc No: 2012-4301]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: EC12-73-000.
    Applicants: Tucson Electric Power Company.
    Description: Application for Approval Pursuant to Section 203 of
the Federal Power Act and Request for Expedited Treatment by April 16,
2012 of Tucson Electric Power Company.
    Filed Date: 2/16/12.
    Accession Number: 20120216-5114.
    Comments Due: 5 p.m. ET 3/8/12.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG12-32-000.
    Applicants: USG Nevada LLC.
    Description: USG Nevada LLC Notice of Exempt Wholesale Generator.
    Filed Date: 2/16/12.
    Accession Number: 20120216-5115.
    Comments Due: 5 p.m. ET 3/8/12.

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

    Docket Numbers: ER10-2074-001; ER10-2097-003.
    Applicants: Kansas City Power & Light Company, KCP&L Greater
Missouri Operations Company.
    Description: Supplemental Information of Kansas City Power & Light
Company and KCP&L Greater Missouri Operations Company.
    Filed Date: 10/28/11.
    Accession Number: 20111028-5169.
    Comments Due: 5 p.m. ET 3/8/12.

    Docket Numbers: ER12-1101-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii: Revisions to ISO NE FAP Related to Expiration of Load
Response Program to be effective 6/1/2012.
    Filed Date: 2/16/12.
    Accession Number: 20120216-5026.
    Comments Due: 5 p.m. ET 3/8/12.

    Docket Numbers: ER12-1103-000.
    Applicants: Tucson Electric Power Company.
    Description: Tucson Electric Power Company submits tariff filing
per 35.13(a)(2)(iii: Second Amended and Restated Participation
Agreement and 230kV Attachment Agreement to be effective 12/31/9998.
    Filed Date: 2/16/12.
    Accession Number: 20120216-5061.
    Comments Due: 5 p.m. ET 3/8/12.

    Docket Numbers: ER12-1104-000.
    Applicants: Robbins Energy, LLC.
    Description: Robbins Energy, LLC submits tariff filing per
35.13(a)(2)(iii: Amended Tariff Filing to be effective 2/3/2012.
    Filed Date: 2/16/12.
    Accession Number: 20120216-5064.
    Comments Due: 5 p.m. ET 3/8/12.

    Docket Numbers: ER12-1105-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: PJM Original Service Agreement No. 3203; Queue No. W3-
079 to be effective 1/20/2012.
    Filed Date: 2/16/12.
    Accession Number: 20120216-5085.
    Comments Due: 5 p.m. ET 3/8/12.

    Docket Numbers: ER12-1106-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: PJM Original Service Agreement No. 3201; Queue No. W3-
076 to be effective 1/20/2012.
    Filed Date: 2/16/12.
    Accession Number: 20120216-5094.
    Comments Due: 5 p.m. ET 3/8/12.

    Docket Numbers: ER12-1107-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: PJM Original Service Agreement No. 3202; Queue No. W3-
077 to be effective 1/20/2012.
    Filed Date: 2/16/12.
    Accession Number: 20120216-5100.
    Comments Due: 5 p.m. ET 3/8/12.

    Docket Numbers: ER12-1108-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.15: Notice of Cancellation of Service Agreement 2641 in Docket No.
ER10-3313-000 to be effective 1/16/2012.
    Filed Date: 2/16/12.
    Accession Number: 20120216-5103.
    Comments Due: 5 p.m. ET 3/8/12.

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

    Docket Numbers: ES12-1-001.
    Applicants: Northeast Utilities Service Company, The Connecticut
Light and Power Company.
    Description: The Connecticut Light and Power Company Request for
Modification of Order Pursuant to Section 204 of the Federal Power Act
Authorizing the Issuance and Sale of Short-term Debt Securities.
    Filed Date: 2/15/12.
    Accession Number: 20120215-5180.
    Comments Due: 5 p.m. ET 3/7/12.

    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
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: February 16, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-4301 Filed 2-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 24035-24036]
[FR Doc No: 2011-10382]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0381]

Generic Drug User Fee; Public Meeting; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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

    The Food and Drug Administration (FDA) is announcing a public
meeting to provide a public update and to gather additional stakeholder
input on the development of a generic drug user fee program. A user fee
program could provide necessary supplemental funding, in addition to
current Congressional appropriations, to facilitate the timely review
of human generic drug applications by FDA, and FDA is currently in
negotiations with the regulated industry aimed at providing a consensus
proposal for congressional consideration. In the interest of
transparency, and to assure that all interested stakeholders' views are
heard and considered, whether they are present at the negotiations or
not, FDA is holding a public meeting to

provide an update on the current process and to gather additional input
on such a program.
    Date and Time: The public meeting will be held on May 10, 2011,
from 2 p.m. to 3:30 p.m.
    Location: The public meeting will be held at FDA's White Oak
Campus, 10903 New Hampshire Ave., Bldg. 1, Conference Rooms 4101, 4103,
and 4105, Silver Spring, MD 20993-0002.
    Contact Person: Mari Long, Center for Drug Evaluation and Research,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, rm.
4237, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, Fax<PHONE_NUMBER>,
<EMAIL_ADDRESS>or
    Peter C. Beckerman, Office of Policy, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 32, rm. 4238, Silver Spring, MD 20993-
0002,<PHONE_NUMBER>, Fax<PHONE_NUMBER><EMAIL_ADDRESS>    Registration and Requests for Oral Presentations: If you wish to
attend and/or present at the meeting, please e-mail your registration
information to<EMAIL_ADDRESS>by May 3, 2011. Your e-mail
should contain complete contact information for each attendee,
including name, title, affiliation, address, e-mail address, and
telephone number. Registration is free and will be on a first-come,
first-served basis. Early registration is recommended because seating
is limited. FDA may limit the number of participants from each
organization as well as the total number of participants, based on
space limitations. Registrants will receive confirmation once they have
been accepted. Onsite registration on the day of the meeting will be
based on space availability. We will try to accommodate all persons who
wish to make a presentation. The time allotted for presentations may
depend on the number of persons who wish to speak, and if the entire
meeting time is not needed for presentations, FDA reserves the right to
terminate the meeting early.
    If you need special accommodations because of disability, please
contact Mari Long or Peter Beckerman (see Contact Person) at least 7
days before the meeting.
    Comments: Regardless of attendance at the public meeting,
interested persons may submit either electronic or written comments
regarding this document by June 10, 2011. To ensure consideration, all
comments must be received by June 10, 2011. Submission of comments
prior to the meeting is strongly encouraged. Submit any comments that
you plan to present at the public meeting to the docket by the date of
the public meeting, but note that either electronic or written comments
generally may be submitted until June 10, 2011.
    Submit electronic comments to http://www.regulations.gov. Submit
written comments to the Division of Dockets Management (HFA-305), Food
and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD
20852. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing its intention to hold a public meeting related to
generic drug user fees. The Agency continues to solicit comment on
whether to seek a user fee program that would provide additional
resources for the review of human generic drug applications, as well as
what such a program should look like. New legislation would be required
for FDA to establish and collect user fees for generic drugs, and FDA
is currently engaged in negotiations with industry over aspects of a
joint proposal for a generic drug user fee program, including fees and
performance goals. Because FDA can only negotiate with trade
organizations, not individual companies, but remains interested in
hearing from non-affiliated companies in addition to patient and
consumer stakeholders, the Agency will hold a public meeting. The
public meeting will provide a status update and seek input from
stakeholders on generic drug user fees. In addition, FDA continues to
encourage all interested stakeholders to submit either electronic or
written comments to the docket (see Comments).

II. What information should you know about the public meeting, when and
where will the public meeting occur, and what format will FDA use?

    Through this notice, we are announcing a public meeting to update
stakeholders and hear stakeholder views on what features FDA should
propose for a generic drug user fee program. We will conduct the
meeting on May 10, 2011, from 2 p.m. to 3:30 p.m. at FDA's White Oak
Campus, 10903 New Hampshire Ave., Bldg. 1, Conference Rooms 4101, 4103,
and 4105, Silver Spring, MD 20993-0002. In general, the meeting format
will include a presentation by FDA and presentations by stakeholders
and members of the public who have registered in advance to present at
the meeting. The amount of time available for presentations will be
determined by the number of people who register to make a presentation.
We will also provide an opportunity for organizations and individuals
to submit either electronic or written comments to the docket after the
meeting (see Comments). FDA policy issues are beyond the scope of this
initiative. Accordingly, the presentations should focus on process and
funding issues, and not focus on policy.

    Dated: April 26, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-10382 Filed 4-28-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Notices]
[Pages 8369-8373]
[FR Doc No: 2015-03098]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31453; File No. 812-14334]

Exchange Traded Concepts, LLC et al.; Notice of Application

February 10, 2015.
AGENCY: Securities and Exchange Commission (``Commission'').

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

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Summary of Application: Applicants request an order that would permit
them to enter into and materially amend subadvisory agreements with
Wholly-Owned Sub-Advisers (as defined below) and non-affiliated sub-
advisers without shareholder approval and would grant relief from
certain disclosure requirements.

Applicants: Exchange Traded Concepts Trust, Exchange Traded Concepts
Trust II, Source ETF Trust and ETF Series Solutions (each, a ``Trust'')
and Exchange Traded Concepts, LLC (the ``Initial Adviser'').

Filing Dates: The application was filed on July 17, 2014, and amended
on December 29, 2014.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by 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 March 9, 2015, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants, c/o Michael D.
Barolsky, Esq. 615 E Michigan Street, Milwaukee, WI 53202.

FOR FURTHER INFORMATION CONTACT: Rachel Loko, Senior Counsel, at (202)
551-6883, or Holly L. Hunter-Ceci, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

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

Applicants' Representations

    1. Each Trust is organized as a Delaware statutory trust and is
registered with the Commission as an open-end management investment
company under the Act. Each Trust may offer one or more series of
shares (each, a ``Fund'' and collectively the ``Funds'') with its own
distinct investment

objectives, policies and restrictions.\1\ Currently, each Trust has
registered several Funds, certain of which are operational. Applicants
state that each Fund that has commenced operations to date operates as
a passively-managed exchange-traded fund in reliance on a previously
granted exemptive order.\2\ The Adviser is a limited liability company
organized under the laws of the State of Oklahoma and is registered
with the Commission as an investment adviser under the Investment
Advisers Act of 1940 (the ``Advisers Act'').
---------------------------------------------------------------------------

    \1\ Future Funds may be operated as a master-feeder structure
pursuant to section 12(d)(1)(E) of the Act. In such a structure,
certain Funds (each, a ``Feeder Fund'') may invest substantially all
of their assets in a Fund (a ``Master Fund'') pursuant to section
12(d)(1)(E) of the Act. No Feeder Fund will engage any sub-advisers
other than through approving the engagement of one or more of the
Master Fund's sub-advisers.
    \2\ Exchange Traded Concepts, LLC, et al., Investment Company
Act Release Nos. 30634 (July 29, 2013) (Notice) and 30674 (August
26, 2013) (Order).
---------------------------------------------------------------------------

    2. Applicants request an order to permit the Adviser,\3\ subject to
the approval of the board of trustees of the applicable Trust (the
``Board''), including a majority of the trustees who are not
``interested persons'' of the Funds or the Adviser as defined in
section 2(a)(19) of the Act (the ``Independent Trustees''), to, without
obtaining shareholder approval: (i) Select Sub-Advisers \4\ to manage
all or a portion of the assets of a Fund and enter into Sub-Advisory
Agreements (as defined below) with the Sub-Advisers, and (ii)
materially amend Sub-Advisory Agreements with the Sub-Advisers.\5\
Applicants request that the relief apply to the named applicants, as
well as to any future Fund and any other existing or future registered
open-end management investment company or series thereof that is
advised by the Adviser, uses the multi-manager structure described in
the application, and complies with the terms and conditions set forth
in the application (each, a ``Subadvised Funds'').\6\ The requested
relief will not extend to any sub-adviser, other than a Wholly-Owned
Sub-Adviser, who is an affiliated person, as defined in section 2(a)(3)
of the Act, of the Subadvised Fund, of any Feeder Fund, or of the
Adviser, other than by reason of serving as a sub-adviser to one or
more of the Subadvised Funds (``Affiliated Sub-Adviser'').
---------------------------------------------------------------------------

    \3\ The term ``Adviser'' includes (i) the Initial Adviser and
(ii) any entity controlling, controlled by or under common control
with, the Initial Adviser or its successors that serves as
investment adviser to the Funds. For purposes of the requested
order, ``successor'' is limited to an entity that results from a
reorganization into another jurisdiction or a change in the type of
business organization.
    \4\ A ``Sub-Adviser'' for a Fund is (1) an indirect or direct
``wholly owned subsidiary'' (as such term is defined in Section
2(a)(43) of the Act) of the Adviser for that Fund, or (2) a sister
company of the Adviser for that Fund that is an indirect or direct
``wholly-owned subsidiary'' of the same company that, indirectly or
directly, wholly owns the Adviser (each of (1) and (2) a ``Wholly-
Owned Sub-Adviser'' and collectively, the ``Wholly-Owned Sub-
Advisers''), or (3) not an ``affiliated person'' (as such term is
defined in section 2(a)(3) of the Act) of the Fund, any Feeder Fund
invested in a Master Fund, the Trust, or the Adviser, except to the
extent that an affiliation arises solely because the Sub-Adviser
serves as a sub-adviser to a Fund (each, a ``Non-Affiliated Sub-
Adviser'').
    \5\ Shareholder approval will continue to be required for any
other sub-adviser changes (not otherwise permitted by rule or other
action of the Commission or staff) and material amendments to an
existing Sub-Advisory Agreement with any sub-adviser other than a
Non-Affiliated Sub-Adviser or Wholly-Owned Sub-Adviser (all such
changes referred to as ``Ineligible Sub-Adviser Changes'').
    \6\ All registered open-end investment companies that currently
intend to rely on the requested order are named as applicants. All
Funds that currently are, or that currently intend to be, Subadvised
Funds are identified in the application. Any entity that relies on
the requested order will do so only in accordance with the terms and
conditions contained in the application. If the name of any
Subadvised Fund contains the name of a Sub-Adviser, the name of the
Adviser that serves as the primary adviser to the Subadvised Fund,
or a trademark or trade name that is owned by or publicly used to
identify that Adviser, will precede the name of the Sub-Adviser.
---------------------------------------------------------------------------

    3. The Adviser serves as the investment adviser to each Fund
pursuant to an investment advisory agreement with the applicable Trust
(each, an ``Investment Management Agreement''). Any other Adviser will
be registered with the Commission as an investment adviser under the
Advisers Act. Each Investment Management Agreement was approved by the
respective Board, including a majority the Independent Trustees, and by
the shareholders of each Fund in the manner required by sections 15(a)
and 15(c) of the Act and rule 18f-2 thereunder. The terms of each
Investment Management Agreement comply with section 15(a) of the Act.
Each other investment management agreement with respect to a Fund
(included in the term ``Investment Management Agreement'') will comply
with section 15(a) of the Act and will be similarly approved.
    4. Pursuant to the terms of each Investment Management Agreement,
the Adviser, subject to the supervision of the respective Board,
provides continuous investment management of the assets of each Fund.
The Adviser periodically reviews a Fund's investment policies and
strategies and, based on the need of a particular Fund, may recommend
changes to the investment policies and strategies of the Fund for
consideration by the Board. For its services to each Fund under an
Investment Management Agreement, the Adviser receives an investment
management fee from that Fund. Consistent with the terms of each
Investment Management Agreement, the Adviser may, subject to the
approval of the Board, including a majority of the Independent
Trustees, and the shareholders of the applicable Subadvised Fund (if
required), delegate portfolio management responsibilities of all or a
portion of the assets of a Subadvised Fund to one or more Sub-Advisers.
The Adviser continues to have overall responsibility for the management
and investment of the assets of each Subadvised Fund, and the Adviser's
responsibilities include, for example, recommending the removal or
replacement of Sub-Advisers and determining the portion of that
Subadvised Fund's assets to be managed by any given Sub-Adviser and
reallocating those assets as necessary from time to time.
    5. The Adviser has entered into sub-advisory agreements with
various Sub-Advisers (``Sub-Advisory Agreements'') on behalf of the
Subadvised Funds. The Adviser may also, in the future, enter into Sub-
Advisory Agreements on behalf of other Funds. The Sub-Advisory
Agreements were approved by the respective Board, including a majority
of the Independent Trustees, and the shareholders of the applicable
Subadvised Fund in accordance with sections 15(a) and 15(c) of the Act
and rule 18f-2 thereunder. In addition, the terms of each Sub-Advisory
Agreement comply fully with the requirements of section 15(a) of the
Act. The Sub-Advisers, subject to the supervision of the Adviser and
oversight of the Board, determine the securities and other instruments
to be purchased, sold or entered into by a Subadvised Fund's portfolio
or a portion thereof, and place orders with brokers or dealers that
they select. The Adviser will compensate each Sub-Adviser out of the
fee paid to the Adviser under the Investment Management Agreement.
    6. Subadvised Funds will inform shareholders of the hiring of a new
Sub-Adviser pursuant to the following procedures (``Modified Notice and
Access Procedures''): (a) Within 90 days after a new Sub-Adviser is
hired for any Subadvised Fund, that Subadvised Fund will send its
shareholders \7\ either a Multi-manager Notice or a Multi-

manager Notice and Multi-manager Information Statement; \8\ and (b) the
Subadvised Fund will make the Multi-manager Information Statement
available on the Web site identified in the Multi-manager Notice no
later than when the Multi-manager Notice (or Multi-manager Notice and
Multi-manager Information Statement) is first sent to shareholders, and
will maintain it on that Web site for at least 90 days. Applicants
state that, in the circumstances described in the application, a proxy
solicitation to approve the appointment of new Sub-Advisers provides no
more meaningful information to shareholders than the proposed Multi-
manager Information Statement. Applicants also state that each Board
would comply with the requirements of sections 15(a) and 15(c) of the
Act before entering into or amending Sub-Advisory Agreements.
---------------------------------------------------------------------------

    \7\ If the Subadvised Fund is a Master Fund, for purposes of the
Modified Notice and Access Procedures, ``shareholders'' include both
the shareholders of the applicable Master Fund and the shareholders
of its Feeder Funds.
    \8\ A ``Multi-manager Notice'' will be modeled on a Notice of
Internet Availability as defined in rule 14a-16 under the Securities
Exchange Act of 1934 (``Exchange Act''), and specifically will,
among other things: (a) Summarize the relevant information regarding
the new Sub-Adviser; (b) inform shareholders that the Multi-manager
Information Statement is available on a Web site; (c) provide the
Web site address; (d) state the time period during which the Multi-
manager Information Statement will remain available on that Web
site; (e) provide instructions for accessing and printing the Multi-
manager Information Statement; and (f) instruct the shareholder that
a paper or email copy of the Multi-manager Information Statement may
be obtained, without charge, by contacting the Subadvised Fund.
    A ``Multi-manager Information Statement'' will meet the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule
14A under the Exchange Act for an information statement. Multi-
manager Information Statements will be filed with the Commission via
the EDGAR system.
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    7. Applicants also request an order under section 6(c) of the Act
exempting the Subadvised Funds from certain disclosure obligations that
may require each Subadvised Fund to disclose fees paid by the Adviser
to each Sub-Adviser. Applicants seek relief to permit each Subadvised
Fund to disclose (as a dollar amount and a percentage of the Subadvised
Fund's net assets): (a) The aggregate fees paid to the Adviser and any
Wholly-Owned Sub-Advisers; (b) the aggregate fees paid to Non-
Affiliated Sub-Advisers; and (c) the fee paid to each Affiliated Sub-
Adviser (collectively, the ``Aggregate Fee Disclosure''). An exemption
is requested to permit the Funds to include only the Aggregate Fee
Disclosure. All other items required by sections 6-07(2)(a), (b) and
(c) of Regulation S-X will be disclosed.

Applicants' Legal Analysis

    1. Section 15(a) of the Act states, in 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, which
contract, whether with such registered company or with an investment
adviser of such registered company, has been approved by the vote of a
majority of the outstanding voting securities of such registered
company.'' Rule 18f-2 under the Act provides that each series or class
of stock in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 19(a)(3) of Form N-1A requires a registered
investment company to disclose in its statement of additional
information the method of computing the ``advisory fee payable'' by the
investment company, including the total dollar amounts that the
investment company ``paid to the adviser (aggregated with amounts paid
to affiliated advisers, if any), and any advisers who are not
affiliated persons of the adviser, under the investment advisory
contract for the last three fiscal years.''
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to a registered investment company to comply with Schedule 14A under
the Exchange Act. Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and
22(c)(9) of Schedule 14A, taken together, require a proxy statement for
a shareholder meeting at which the advisory contract will be voted upon
to include the ``rate of compensation of the investment adviser,'' the
``aggregate amount of the investment adviser's fee,'' a description of
the ``terms of the contract to be acted upon,'' and, if a change in the
advisory fee is proposed, the existing and proposed fees and the
difference between the two fees.
    4. Regulation S-X sets forth the requirements for financial
statements required to be included as part of investment company
registration statements and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b) and (c) of Regulation S-X require
registered investment companies to include in their financial
statements information about investment advisory fees.
    5. Section 6(c) of the Act provides that the Commission by order
upon application may conditionally or unconditionally exempt any
person, security, or transaction or any class or classes of persons,
securities, or transactions from any provisions of the Act, or from any
rule thereunder, if such exemption is necessary or appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Applicants state that their requested relief meets this standard for
the reasons discussed below.
    6. Applicants assert that the shareholders expect the Adviser,
subject to the review and approval of the Board, to select the Sub-
Advisers who are in the best position to achieve the Subadvised Funds'
investment objectives. Applicants assert that, from the perspective of
the shareholder, the role of the Sub-Advisers is substantially
equivalent to the role of the individual portfolio managers employed by
an investment adviser to a traditional investment company. Applicants
believe that permitting the Adviser to perform the duties for which the
shareholders of the Subadvised Fund are paying the Adviser--the
selection, supervision and evaluation of the Sub-Advisers--without
incurring unnecessary delays or expenses is appropriate in the interest
of the Subadvised Fund's shareholders and will allow such Subadvised
Fund to operate more efficiently. Applicants state that the Investment
Management Agreement will continue to be fully subject to section 15(a)
of the Act and rule 18f-2 under the Act and approved by the Board,
including a majority of the Independent Trustees, in the manner
required by sections 15(a) and 15(c) of the Act. Applicants are not
seeking an exemption with respect to the Investment Management
Agreement.
    7. Applicants assert that disclosure of the individual fees that
the Adviser would pay to the Sub-Advisers of Subadvised Funds that
operate in the multi-manager structure described in the application
does not serve any meaningful purpose. Applicants contend that the
primary reasons for requiring disclosure of individual fees paid to
Sub-Advisers are to inform shareholders of expenses to be charged by a
particular Subadvised Fund and to enable shareholders to compare the
fees to those of other comparable investment companies. Applicants
believe that the requested relief satisfies these objectives because
the advisory fee paid to the Adviser will be fully disclosed and,
therefore, shareholders will know what the Subadvised Fund's fees and
expenses are and will be able to compare the advisory fees a Subadvised
Fund is charged to those of other investment companies. Applicants
assert that the requested disclosure relief would benefit shareholders
of the Subadvised Fund because it would improve the Adviser's ability
to negotiate the fees paid to Sub-Advisers.

Applicants state that if the Adviser is not required to disclose the
Sub-Advisers' fees to the public, the Adviser may be able to negotiate
rates that are below a Sub-Adviser's ``posted'' amounts. Applicants
assert that the relief will also encourage Sub-Advisers to negotiate
lower sub-advisory fees with the Adviser if the lower fees are not
required to be made public.
    8. Applicants submit that the requested relief meets the standards
for relief under section 6(c) of the Act. Applicants state that each
Subadvised Fund will be required to obtain shareholder approval to
operate as a ``multiple manager'' fund as described in the application
before relying on the requested order. Applicants assert that
conditions 6, 10, and 11 are designed to provide the Board with
sufficient independence and the resources and information it needs to
monitor and address any conflicts of interest. Applicants state that,
accordingly, they believe the requested relief 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' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions: \9\
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    \9\ Applicants will only comply with conditions 7, 8, 9, and 12
if they rely on the relief that would allow them to provide
Aggregate Fee Disclosure.
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    1. Before a Subadvised Fund may rely on the order requested in the
application, the operation of the Subadvised Fund in the manner
described in the application, including the hiring of Wholly-Owned Sub-
Advisers, will be approved by a majority of the Subadvised Fund's
outstanding voting securities as defined in the Act, which in the case
of a Master Fund will include voting instructions provided by
shareholders of the Feeder Funds investing in such Master Fund or other
voting arrangements that comply with section 12(d)(1)(E)(iii)(aa) of
the Act or, in the case of a new Subadvised 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 the Subadvised Fund's shares to the
public.
    2. The prospectus for each Subadvised Fund, and in the case of a
Master Fund relying on the requested relief, the prospectus for each
Feeder Fund investing in such Master Fund, will disclose the existence,
substance and effect of any order granted pursuant to the application.
Each Subadvised Fund (and any such Feeder Fund) will hold itself out to
the public as employing the multi-manager structure described in the
application. Each prospectus will prominently disclose that the Adviser
has the ultimate responsibility, subject to oversight by the Board, to
oversee the Sub-Advisers and recommend their hiring, termination, and
replacement.
    3. The Adviser will provide general management services to a
Subadvised Fund, including overall supervisory responsibility for the
general management and investment of the Subadvised Fund's assets.
Subject to review and approval of the Board, the Adviser will (a) set a
Subadvised Fund's overall investment strategies, (b) evaluate, select,
and recommend Sub-Advisers to manage all or a portion of a Subadvised
Fund's assets, and (c) implement procedures reasonably designed to
ensure that Sub-Advisers comply with a Subadvised Fund's investment
objective, policies and restrictions. Subject to review by the Board,
the Adviser will (a) when appropriate, allocate and reallocate a
Subadvised Fund's assets among Sub-Advisers; and (b) monitor and
evaluate the performance of Sub-Advisers.
    4. A Subadvised Fund will not make any Ineligible Sub-Adviser
Changes without such agreement, including the compensation to be paid
thereunder, being approved by the shareholders of the applicable
Subadvised Fund, which in the case of a Master Fund will include voting
instructions provided by shareholders of the Feeder Fund investing in
such Master Fund or other voting arrangements that comply with section
12(d)(1)(E)(iii)(aa) of the Act.
    5. Subadvised Funds will inform shareholders, and if the Subadvised
Fund is a Master Fund, shareholders of any Feeder Funds, of the hiring
of a new Sub-Adviser within 90 days after the hiring of the new Sub-
Adviser pursuant to the Modified Notice and Access Procedures.
    6. At all times, at least a majority of the Board will be
Independent Trustees, and the selection and nomination of new or
additional Independent Trustees will be placed within the discretion of
the then-existing Independent Trustees.
    7. Independent Legal Counsel, as defined in rule 0-1(a)(16) under
the Act, will be engaged to represent the Independent Trustees. The
selection of such counsel will be within the discretion of the then-
existing Independent Trustees.
    8. The Adviser will provide the Board, no less frequently than
quarterly, with information about the profitability of the Adviser on a
per Subadvised Fund basis. The information will reflect the impact on
profitability of the hiring or termination of any sub-adviser during
the applicable quarter.
    9. Whenever a sub-adviser is hired or terminated, the Adviser will
provide the Board with information showing the expected impact on the
profitability of the Adviser.
    10. Whenever a sub-adviser change is proposed for a Subadvised Fund
with an Affiliated Sub-Adviser or a Wholly-Owned Sub-Adviser, 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 Subadvised Fund and its shareholders, and
if the Subadvised Fund is a Master Fund, the best interests of any
applicable Feeder Funds and their respective shareholders, and does not
involve a conflict of interest from which the Adviser or the Affiliated
Sub-Adviser or Wholly-Owned Sub-Adviser derives an inappropriate
advantage.
    11. No Trustee or officer of the Trust, a Fund or a Feeder Fund, or
partner, 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 Sub-Adviser except for
(a) ownership of interests in the Adviser or any entity, except a
Wholly-Owned Sub-Adviser, 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 Sub-Adviser or an entity that
controls, is controlled by, or under common control with a Sub-Adviser.
    12. Each Subadvised Fund and any Feeder Fund that invests in a
Subadvised Fund that is a Master Fund will disclose the Aggregate Fee
Disclosure in its registration statement.
    13. Any new Sub-Advisory Agreement or any amendment to a Subadvised
Fund's existing Investment Management Agreement or Sub-Advisory
Agreement that directly or indirectly results in an increase in the
aggregate advisory fee rate payable by the Subadvised Fund will be
submitted to the Subadvised Fund's shareholders for approval.
    14. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that 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.
Brent J. Fields,
Secretary.
[FR Doc. 2015-03098 Filed 2-13-15; 8:45 am]
BILLING CODE 8011-01-P