[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Notices]
[Page 27948]
[FR Doc No: 2015-11770]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-1665-000]

Greenleaf Power Management LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Greenleaf Power Management 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 June 1, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: May 11, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-11770 Filed 5-14-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Page 44647]
[FR Doc No: 2017-20451]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3384-EM; Docket ID FEMA-2017-0001]

Puerto Rico; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the Commonwealth of Puerto Rico (FEMA-3384-EM), dated
September 5, 2017, and related determinations.

DATES: The declaration was issued September 5, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 5, 2017, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the Commonwealth of Puerto Rico resulting from Hurricane Irma
beginning on September 5, 2017, and continuing, are of sufficient
severity and magnitude to warrant an emergency declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (``the Stafford Act''). Therefore, I declare
that such an emergency exists in the Commonwealth of Puerto Rico.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for debris removal and emergency
protective measures (Categories A and B), including direct Federal
assistance, under the Public Assistance program.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended,
Alejandro DeLaCampa, of FEMA is appointed to act as the Federal
Coordinating Officer for this declared emergency.
    The following areas of the Commonwealth of Puerto Rico have been
designated as adversely affected by this declared emergency:

    All 78 municipalities in the Commonwealth of Puerto Rico for
debris removal and emergency protective measures (Categories A and
B), including direct federal assistance, under the Public Assistance
program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-20451 Filed 9-22-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Notices]
[Pages 9178-9179]
[FR Doc No: 2016-03832]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP16-604-000.
    Applicants: Wyckoff Gas Storage Company, LLC.
    Description: Compliance filing NAESB v. 3.0 Compliance to be
effective 4/1/2016.
    Filed Date: 2/11/16.
    Accession Number: 20160211-5112.
    Comments Due: 5 p.m. ET 2/23/16.

    Docket Numbers: RP16-605-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated Rate Filing--
February 11, 2016--CEM 1006966 to be effective 2/11/2016.
    Filed Date: 2/11/16.
    Accession Number: 20160211-5138.
    Comments Due: 5 p.m. ET 2/23/16.

    Docket Numbers: RP16-606-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) Rate Filing: 02/11/16 Negotiated Rates--
ConEdison Energy, Inc. (HUB) 2275-89 to be effective 2/11/2016.
    Filed Date: 2/11/16.
    Accession Number: 20160211-5148.
    Comments Due: 5 p.m. ET 2/23/16.

    Docket Numbers: RP16-607-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) Rate Filing: 02/11/16 Negotiated Rates--
Mercuria Energy Gas Trading LLC (HUB) 7540-89 to be effective 2/12/
2016.
    Filed Date: 2/11/16.
    Accession Number: 20160211-5189.
    Comments Due: 5 p.m. ET 2/23/16.

    Docket Numbers: RP16-608-000.
    Applicants: ANR Pipeline Company.
    Description: Section 4(d) Rate Filing: J. Aron NC Service Agmt to
be effective 4/1/2016.
    Filed Date: 2/12/16.
    Accession Number: 20160212-5003.
    Comments Due: 5 p.m. ET 2/24/16.

    Docket Numbers: RP16-609-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Cap Rel Neg Rate Agmt (EOG
34687 to Tenaska 45706) to be effective 4/1/2016.
    Filed Date: 2/12/16.
    Accession Number: 20160212-5018.
    Comments Due: 5 p.m. ET 2/24/16.

    Docket Numbers: RP16-610-000.
    Applicants: Northern Natural Gas Company.
    Description: Northern Natural Gas submits report of the penalty and
daily delivery variance charge (DDVC) revenues that have been credited
to shippers under RP16-610.
    Filed Date: 2/12/16.
    Accession Number: 20160212-5136.
    Comments Due: 5 p.m. ET 2/24/16.

    Docket Numbers: RP16-611-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) Rate Filing: 02/16/16 Negotiated Rates--
Mercuria Energy Gas Trading LLC to be effective 2/13/2016.
    Filed Date: 2/16/16.
    Accession Number: 20160216-5224.
    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: RP16-612-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) Rate Filing: 02/16/16 Negotiated Rates--
ConEdison Energy, Inc. (HUB) 2275-89 to be effective 2/14/2016.
    Filed Date: 2/16/16.
    Accession Number: 20160216-5229.
    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: RP16-613-000.
    Applicants: Alliance Pipeline L.P.
    Description: Section 4(d) Rate Filing: Daily Open Season Feb 12-19
2016 to be effective 2/12/2016.
    Filed Date: 2/16/16.
    Accession Number: 20160216-5362.
    Comments Due: 5 p.m. ET 2/29/16.

    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.

Filings in Existing Proceedings

    Docket Numbers: RP16-524-001.
    Applicants: SG Resources Mississippi, L.L.C.
    Description: Compliance filing SG Resources Mississippi, L.L.C.--
Order No. 587-W Revised Compliance Filing to be effective 4/1/2016.
    Filed Date: 2/11/16.
    Accession Number: 20160211-5171.
    Comments Due: 5 p.m. ET 2/23/16.

    Any person desiring to protest in any of the above proceedings must
file in

accordance with Rule 211 of the Commission's Regulations (18 CFR
385.211) on or before 5:00 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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 17, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-03832 Filed 2-23-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Notices]
[Pages 15057-15062]
[FR Doc No: 2013-05423]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30412; File No. 812-14065]

The Advisors' Inner Circle Fund, et al.; Notice of Application

March 4, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 12(d)(1)(J)
of the Investment Company Act of 1940 (the ``Act'') for an exemption
from sections 12(d)(1)(A) and (B) of the Act, under sections 6(c) and
17(b) of the Act for an exemption from sections 17(a)(1) and (2) of the
Act, and under section 6(c) of the Act for an exemption from rule 12d1-
2(a) under the Act.

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SUMMARY: Summary of the Application: The requested order would (a)
permit certain registered open-end management investment companies that
operate as ``funds of funds'' to acquire shares of certain registered
open-end management investment companies and unit investment trusts
(``UITs'') that are within and outside the same group of investment
companies as the acquiring investment companies, and (b) permit funds
of funds relying on rule 12d1-2 under the Act to invest in certain
financial instruments.

Applicants: The Advisors' Inner Circle Fund (``AIC''), The Advisors'
Inner Circle Fund II (``AIC II'') and Bishop Street Funds (``BSF'')
(each a ``Trust'' and together, the ``Trusts''); and Citigroup First
Investment Management Americas LLC (``Citigroup''), Cornerstone
Advisors Inc.

(``Cornerstone''), PNC Capital Advisors, LLC (``PNC''), Frost
Investment Advisors, LLC (``Frost''), GRT Capital Partners, L.L.C.
(``GRT''), Abbot Downing Investment Advisors (``Abbot Downing''), and
Bishop Street Capital Management (``BSCM'') (each a ``Fund of Funds
Adviser'' and together, the ``Fund of Funds Advisers''); and SEI
Investments Distribution Co. (the ``Distributor'').

Filing Dates: The application was filed on August 1, 2012, and amended
on January 8, 2013.

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 March 29, 2013, and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants: c/
o Dianne M. Sulzbach, SEI Corporation, One Freedom Valley Drive, Oaks,
PA 19456.

FOR FURTHER INFORMATION CONTACT: Laura J. Riegel, Senior Counsel, at
(202) 551-6873, or Mary Kay Frech, 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 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, a Massachusetts business trust, is registered under
the Act as an open-end management investment company. Each Trust is
comprised of multiple series that pursue different investment
objectives and principal investment strategies.\1\
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    \1\ Applicants request that the order apply to each existing and
future series of the Trusts and to each existing and future
registered open-end management investment company or series thereof
which is advised by a Fund of Funds Adviser or any entity
controlling, controlled by or under common control with the Fund of
Funds Adviser and which is part of the same ``group of investment
companies'' (as defined in section 12(d)(1)(G)(ii) of the Act), as
the relevant Trust (each, a ``Fund'' and collectively, ``Funds'').
All entities that currently intend to rely on the requested order
are named as applicants. Any other entity that relies on the order
in the future will comply with the terms and conditions of the
application.
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    2. Citigroup, a Delaware limited liability company, is registered
as an investment adviser under the Investment Advisers Act of 1940
(``Advisers Act'') and currently serves as investment adviser to
certain series of AIC.\2\ Cornerstone, a Washington corporation, is
registered as an investment adviser under the Advisers Act and
currently serves as investment adviser to certain series of AIC.\3\
PNC, an indirect wholly owned subsidiary of The PNC Financial Services
Group, Inc. is registered as an investment adviser under the Advisers
Act and currently serves as investment adviser to one series of AIC.\4\
Frost, a Delaware limited liability company and a wholly owned non-
banking subsidiary of Frost Bank, is registered as an investment
adviser under the Advisers Act and currently serves as investment
adviser to certain series of AIC II.\5\ GRT, a Delaware limited
liability company, is registered as an investment adviser under the
Advisers Act and currently serves as investment adviser to certain
series of AIC II.\6\ Abbot Downing, a department of Wells Fargo Bank,
N.A., is registered as an investment adviser under the Advisers Act and
currently serves as investment adviser to one series of AIC II.\7\
BSCM, a wholly-owned subsidiary of First Hawaiian Bank, is registered
as an investment adviser under the Advisers Act and currently serves as
investment adviser to certain series of BSF.\8\
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    \2\ Citigroup currently serves as investment adviser to the
following series of AIC: the Citi Market Pilot 2020 Fund, Citi
Market Pilot 2030 Fund, and Citi Market Pilot 2040 Fund.
    \3\ Cornerstone currently serves as investment adviser to the
following series of AIC: Cornerstone Advisors Global Public Equity
Fund, Cornerstone Advisors Income Opportunities Fund, Cornerstone
Advisors Public Alternatives Fund, and Cornerstone Advisors Real
Assets Fund.
    \4\ PNC currently serves as investment adviser to the following
series of AIC: the United Association S&P 500 Index Fund.
    \5\ Frost currently serves as investment adviser to the
following series of AIC II: the Frost Growth Equity Fund, Frost
Dividend Value Equity Fund, Frost Strategic Balanced Fund, Frost
Kempner Multi-Cap Deep Value Equity Fund, Frost Small Cap Equity
Fund, Frost International Equity Fund, Frost Low Duration Bond Fund,
Frost Total Return Bond Fund, Frost Municipal Bond Fund, Frost Low
Duration Municipal Bond Fund, Frost Kempner Treasury and Income
Fund, Frost LKCM Multi-Cap Equity Fund, Frost Mid Cap Equity Fund,
Frost Diversified Strategies Fund, Frost Natural Resources Fund,
Frost Credit Fund, and Frost Cinque Large Cap Buy-Write Equity Fund.
    \6\ GRT currently serves as investment adviser to the following
series of AIC II: the GRT Value Fund and the GRT Absolute Return
Fund.
    \7\ Abbot Downing currently serves as investment adviser to the
following series of AIC II: the Clear River Fund.
    \8\ BSCM currently serves as investment adviser to the following
series of BSF: The Bishop Street Strategic Growth Fund, Bishop
Street Dividend Value Fund, Bishop Street High Grade Income Fund,
and Bishop Street Hawaii Municipal Bond Fund.
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    3. The Distributor, a Pennsylvania corporation, is registered as a
broker-dealer under the Securities Exchange Act of 1934 (the ``Exchange
Act ''). The Distributor serves as principal underwriter and
distributor for the shares of the Trusts' Funds.
    4. Applicants request an order to permit (a) a Fund that operates
as a ``fund of funds'' (each a ``Fund of Funds'') to acquire shares of
(i) registered open-end management investment companies that are not
part of the same ``group of investment companies,'' within the meaning
of section 12(d)(1)(G)(ii) of the Act, as the Fund of Funds
(``Unaffiliated Investment Companies'') and UITs that are not part of
the same group of investment companies as the Fund of Funds
(``Unaffiliated Trusts,'' together with the Unaffiliated Investment
Companies, ``Unaffiliated Funds'') \9\ or (ii) registered open-end
management companies or UITs that are part of the same ``group of
investment companies, within the meaning of section 12(d)(1)(G) (ii) of
the Act, as the Fund of Funds (collectively, ``Affiliated Funds,''
together with the Unaffiliated Funds, ``Underlying Funds'') \10\ and
(b) each Underlying Fund, the Distributor or any principal underwriter
for the Underlying Fund, and any broker or dealer registered under the
Exchange

Act (``Broker'') to sell shares of the Underlying Fund to the Fund of
Funds. Applicants also request an order under sections 6(c) and 17(b)
of the Act to exempt applicants from section 17(a) to the extent
necessary to permit Underlying Funds to sell their shares to Funds of
Funds and redeem their shares from Funds of Funds.
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    \9\ Certain of the Unaffiliated Funds may be registered under
the Act as either UITs or open-end management investment companies
and have received exemptive relief to permit their shares to be
listed and traded on a national securities exchange at negotiated
prices (``ETFs'').
    \10\ Certain of the Underlying Funds currently pursue, or may in
the future pursue, their investment objectives through a master-
feeder arrangement in reliance on section 12(d)(1)(E) of the Act. In
accordance with condition 11, a Fund of Funds may not invest in an
Underlying Fund that operates as a feeder fund unless the feeder
fund is part of the same ``group of investment companies,'' as
defined in section 12(d)(1)(G)(ii) of the Act, as its corresponding
master fund or the Fund of Funds. If a Fund of Funds invests in an
Affiliated Fund that operates as a feeder fund and the corresponding
master fund is not within the same ``group of investment
companies,'' as defined in section 12(d)(1)(G)(ii) of the Act, as
the Fund of Funds and Affiliated Fund, the master fund would be an
Unaffiliated Fund for purposes of the application and its
conditions.
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    5. Applicants also request an exemption under section 6(c) from
rule 12d1-2 under the Act to permit any existing or future Fund that
relies on section 12(d)(1)(G) of the Act (``Same Group Investing
Fund'') and that otherwise complies with rule 12d1-2 to also invest, to
the extent consistent with its investment objective, policies,
strategies, and limitations, in financial instruments that may not be
securities within the meaning of section 2(a)(36) of the Act (``Other
Investments'').

Applicants' Legal Analysis

A. Investments in Underlying Funds--Section 12(d)(1)

    1. Section 12(d)(1)(A) of the Act, in relevant part, prohibits a
registered investment company from acquiring shares of an investment
company if the securities represent more than 3% of the total
outstanding voting stock of the acquired company, more than 5% of the
total assets of the acquiring company, or, together with the securities
of any other investment companies, more than 10% of the total assets of
the acquiring company. Section 12(d)(1)(B) of the Act prohibits a
registered open-end investment company, its principal underwriter, and
any Broker from selling the investment company's shares to another
investment company if the sale will cause the acquiring company to own
more than 3% of the acquired company's total outstanding voting stock,
or if the sale will cause more than 10% of the acquired company's total
outstanding voting stock to be owned by investment companies generally.
    2. Section 12(d)(1)(J) of the Act provides that the Commission may
exempt any person, security, or transaction, or any class or classes of
persons, securities, or transactions, from any provision of section
12(d)(1) if the exemption is consistent with the public interest and
the protection of investors. Applicants seek an exemption under section
12(d)(1)(J) of the Act to permit a Fund of Funds to acquire shares of
the Underlying Funds in excess of the limits in section 12(d)(1)(A),
and an Underlying Fund, the Distributor or any principal underwriter
for an Underlying Fund, and any Broker to sell shares of an Underlying
Fund to a Fund of Funds in excess of the limits in section 12(d)(1)(B)
of the Act.
    3. Applicants state that the terms and conditions of the proposed
arrangement will not give rise to the policy concerns underlying
sections 12(d)(1)(A) and (B), which include concerns about undue
influence by a fund of funds over underlying funds, excessive layering
of fees, and overly complex fund structures. Accordingly, applicants
believe that the requested exemption is consistent with the public
interest and the protection of investors.
    4. Applicants believe that the proposed arrangement will not result
in the exercise of undue influence by a Fund of Funds or a Fund of
Funds Affiliate over the Unaffiliated Funds.\11\ To limit the control
that a Fund of Funds may have over an Unaffiliated Fund, applicants
propose a condition prohibiting a Fund of Funds Adviser, any person
controlling, controlled by, or under common control with a Fund of
Funds Adviser, and any investment company or issuer that would be an
investment company but for section 3(c)(1) or 3(c)(7) of the Act that
is advised or sponsored by a Fund of Funds Adviser or any person
controlling, controlled by, or under common control with a Fund of
Funds Adviser (the ``Advisory Group'') from controlling (individually
or in the aggregate) an Unaffiliated Fund within the meaning of section
2(a)(9) of the Act. The same prohibition would apply to any other
investment adviser within the meaning of section 2(a)(20)(B) of the Act
to a Fund of Funds (``Subadviser''), any person controlling, controlled
by, or under common control with the Subadviser, and any investment
company or issuer that would be an investment company but for section
3(c)(1) or 3(c)(7) of the Act (or portion of such investment company or
issuer) advised or sponsored by the Subadviser or any person
controlling, controlled by, or under common control with the Subadviser
(the ``Subadvisory Group''). Applicants propose other conditions to
limit the potential for undue influence over the Unaffiliated Funds,
including that no Fund of Funds or Fund of Funds Affiliate (except to
the extent it is acting in its capacity as an investment adviser to an
Unaffiliated Investment Company or sponsor to an Unaffiliated Trust)
will cause an Unaffiliated Fund to purchase a security in an offering
of securities during the existence of any underwriting or selling
syndicate of which a principal underwriter is an Underwriting Affiliate
(``Affiliated Underwriting''). An ``Underwriting Affiliate'' is a
principal underwriter in any underwriting or selling syndicate that is
an officer, director, trustee, advisory board member, investment
adviser, Subadviser, or employee of the Fund of Funds, or a person of
which any such officer, director, trustee, member of an advisory board,
investment adviser, Subadviser, or employee is an affiliated person. An
Underwriting Affiliate does not include any person whose relationship
to an Unaffiliated Fund is covered by section 10(f) of the Act.
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    \11\ A ``Fund of Funds Affiliate'' is any Fund of Funds Adviser,
any Subadviser (as defined below), promoter, or principal
underwriter of a Fund of Funds, as well as any person controlling,
controlled by, or under common control with any of those entities.
An ``Unaffiliated Fund Affiliate'' is an investment adviser,
sponsor, promoter, or principal underwriter of an Unaffiliated Fund,
as well as any person controlling, controlled by, or under common
control with any of those entities.
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    5. To further assure that an Unaffiliated Investment Company
understands the implications of an investment by a Fund of Funds under
the requested order, prior to a Fund of Funds' investment in the shares
of an Unaffiliated Investment Company in excess of the limit in section
12(d)(1)(A)(i) of the Act, the Fund of Funds and the Unaffiliated
Investment Company will execute an agreement stating, without
limitation, that their respective board of directors or trustees (for
any entity, the ``Board'') and their investment advisers understand the
terms and conditions of the order and agree to fulfill their
responsibilities under the order (``Participation Agreement'').
Applicants note that an Unaffiliated Investment Company (other than an
ETF whose shares are purchased by a Fund of Funds in the secondary
market) will retain its right at all times to reject any investment by
a Fund of Funds.\12\
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    \12\ An Unaffiliated Investment Company, including an ETF, would
retain its right to reject any initial investment by a Fund of Funds
in excess of the limit in section 12(d)(1)(A)(i) of the Act by
declining to execute the Participation Agreement with the Fund of
Funds.
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    6. Applicants state that they do not believe that the proposed
arrangement will involve excessive layering of fees. The Board of each
Fund of Funds, including a majority of the trustees who are not
``interested persons'' (within the meaning of section 2(a)(19) of the
Act) (``Independent Trustees''), will find that the advisory fees
charged under investment advisory or management contract(s) are based
on services provided that will be in addition to, rather than
duplicative of, the services provided under such advisory contract(s)
of any Underlying Fund in which the Fund of Funds may invest. In
addition, a Fund of Funds Adviser will

waive fees otherwise payable to it by a Fund of Funds in an amount at
least equal to any compensation (including fees received pursuant to
any plan adopted by an Unaffiliated Investment Company under rule 12b-1
under the Act) received from an Unaffiliated Fund by the Fund of Funds
Adviser or an affiliated person of the Fund of Funds Adviser, other
than any advisory fees paid to the Adviser or its affiliated person by
an Unaffiliated Investment Company, in connection with the investment
by the Fund of Funds in the Unaffiliated Fund. Any sales charges and/or
service fees charged with respect to shares of the Fund of Funds will
not exceed the limits applicable to a fund of funds as set forth in
Rule 2830 of the Conduct Rules of the NASD (``NASD Conduct Rule
2830'').\13\
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    \13\ Any references to NASD Conduct Rule 2830 include any
successor or replacement rule of FINRA to NASD Conduct Rule 2830.
---------------------------------------------------------------------------

    7. Applicants submit that the proposed arrangement will not create
an overly complex fund structure. Applicants note that no Underlying
Fund will acquire securities of any investment company or company
relying on section 3(c)(1) or 3(c)(7) of the Act in excess of the
limits contained in section 12(d)(1)(A) of the Act, except in certain
circumstances identified in condition 11 below.

B. Section 17(a)

    1. Section 17(a) of the Act generally prohibits sales or purchases
of securities between a registered investment company and any
affiliated person of the company. Section 2(a)(3) of the Act defines an
``affiliated person'' of another person to include (a) any person
directly or indirectly owning, controlling, or holding with power to
vote, 5% or more of the outstanding voting securities of the other
person; (b) any person 5% or more of whose outstanding voting
securities are directly or indirectly owned, controlled, or held with
power to vote by the other person; and (c) any person directly or
indirectly controlling, controlled by, or under common control with the
other person.
    2. Applicants state that a Fund of Funds and the Affiliated Funds
managed by the same Adviser might be deemed to be under common control
of the Fund of Funds Adviser and therefore affiliated persons of one
another. Applicants also state that the Fund of Funds and the
Unaffiliated Funds might be deemed to be affiliated persons of one
another if the Fund of Funds acquires 5% or more of an Unaffiliated
Fund's outstanding voting securities. In light of these and other
possible affiliations, section 17(a) could prevent an Underlying Fund
from selling shares to and redeeming shares from a Fund of Funds.
    3. Section 17(b) of the Act authorizes the Commission to grant an
order permitting a transaction otherwise prohibited by section 17(a) if
it finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act. Section
6(c) of the Act permits the Commission to exempt any persons or
transactions from any provision of the Act if such exemption is
necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act.
    4. Applicants submit that the proposed transactions satisfy the
standards for relief under sections 17(b) and 6(c) of the Act.\14\
Applicants state that the terms of the transactions are reasonable and
fair and do not involve overreaching. Applicants state that the terms
upon which an Underlying Fund will sell its shares to or purchase its
shares from a Fund of Funds will be based on the net asset value of the
Underlying Fund.\15\ Applicants state that the proposed transactions
will be consistent with the policies of each Fund of Funds and each
Underlying Fund and with the general purposes of the Act.
---------------------------------------------------------------------------

    \14\ Applicants acknowledge that receipt of any compensation by
(a) an affiliated person of a Fund of Funds, or an affiliated person
of such person, for the purchase by a Fund of Funds of shares of an
Underlying Fund or (b) an affiliated person of an Underlying Fund,
or an affiliated person of such person, for the sale by the
Underlying Fund of its shares to a Fund of Funds may be prohibited
by section 17(e)(1) of the Act. The Participation Agreement also
will include this acknowledgement.
    \15\ To the extent purchases and sales of shares of an ETF occur
in the secondary market (and not through principal transactions
directly between a Fund of Funds and an ETF), relief from section
17(a) of the Act would not be necessary. The requested relief is
intended to cover, however, transactions directly between ETFs and a
Fund of Funds. Applicants are not seeking relief from section 17(a)
of the Act for, and the requested relief will not apply to,
transactions where an ETF could be deemed an affiliated person, or
an affiliated person of an affiliated person, of a Fund of Funds
because the investment adviser to the ETF or an entity controlling,
controlled by, or under common control with the investment adviser
to the ETF, also is an investment adviser to the Fund of Funds.
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C. Other Investments by Same Group Investing Funds

    1. Section 12(d)(1)(G) of the Act provides that section 12(d)(1)
will not apply to securities of an acquired company purchased by an
acquiring company if: (i) The acquiring company and acquired company
are part of the same group of investment companies; (ii) the acquiring
company holds only securities of acquired companies that are part of
the same group of investment companies, government securities, and
short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section
22(c) of the Act by a securities association registered under section
15A of the Exchange Act or by the Commission; and (iv) the acquired
company has a policy that prohibits it from acquiring securities of
registered open-end management investment companies or registered unit
investment trusts in reliance on section 12(d)(1)(F) or (G) of the Act.
    2. Rule 12d1-2 under the Act permits a registered open-end
investment company or a registered unit investment trust that relies on
section 12(d)(1)(G) of the Act to acquire, in addition to securities
issued by another registered investment company in the same group of
investment companies, government securities, and short-term paper: (1)
Securities issued by an investment company that is not in the same
group of investment companies, when the acquisition is in reliance on
section 12(d)(1)(A) or 12(d)(1)(F) of the Act; (2) securities (other
than securities issued by an investment company); and (3) securities
issued by a money market fund, when the investment is in reliance on
rule 12d1-1 under the Act. For the purposes of rule 12d1-2,
``securities'' means any security as defined in section 2(a)(36) of the
Act.
    3. Applicants state that the proposed arrangement would comply with
the provisions of rule 12d1-2 under the Act, but for the fact that a
Same Group Investing Fund may invest a portion of its assets in Other
Investments. Applicants request an order under section 6(c) of the Act
for an exemption from rule 12d1-2(a) to allow the Same Group Investing
Funds to invest in Other Investments. Applicants assert that permitting
Same Group Investing Funds to invest in Other Investments as described
in the application would not raise any of the concerns that the
requirements of section 12(d)(1) were designed to address.

    4. Consistent with its fiduciary obligations under the Act, the
Board of each Same Group Investing Fund will review the advisory fees
charged by the Same Group Investing Fund's investment adviser to ensure
that they are based on services provided that are in addition to,
rather than duplicative of, services provided pursuant to the advisory
agreement of any investment company in which the Same Group Investing
Fund may invest.

Applicants' Conditions

Investments by Funds of Funds in Underlying Funds

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

Company a list of the names of each Fund of Funds Affiliate and
Underwriting Affiliate. The Fund of Funds will notify the Unaffiliated
Investment Company of any changes to the list of the names as soon as
reasonably practicable after a change occurs. The Unaffiliated
Investment Company and the Fund of Funds will maintain and preserve a
copy of the order, the Participation Agreement, and the list with any
updated information for the duration of the investment and for a period
of not less than six years thereafter, the first two years in an easily
accessible place.
    9. Before approving any advisory contract under section 15 of the
Act, the Board of each Fund of Funds, including a majority of the
Independent Trustees, shall find that the advisory fees charged under
such advisory contract are based on services provided that are in
addition to, rather than duplicative of, services provided under the
advisory contract(s) of any Underlying Fund in which the Fund of Funds
may invest. Such finding and the basis upon which the finding was made
will be recorded fully in the minute books of the appropriate Fund of
Funds.
    10. A Fund of Funds Adviser will waive fees otherwise payable to it
by a Fund of Funds in an amount at least equal to any compensation
(including fees received pursuant to any plan adopted by an
Unaffiliated Investment Company under rule 12b-1 under the Act)
received from an Unaffiliated Fund by the Fund of Funds Adviser, or an
affiliated person of the Fund of Funds Adviser, other than any advisory
fees paid to the Fund of Funds Adviser or its affiliated person by an
Unaffiliated Investment Company, in connection with the investment by
the Fund of Funds in the Unaffiliated Fund. Any Subadviser will waive
fees otherwise payable to the Subadviser, directly or indirectly, by
the Fund of Funds in an amount at least equal to any compensation
received by the Subadviser, or an affiliated person of the Subadviser,
from an Unaffiliated Fund, other than any advisory fees paid to the
Subadviser or its affiliated person by an Unaffiliated Investment
Company, in connection with the investment by the Fund of Funds in the
Unaffiliated Fund made at the direction of the Subadviser. In the event
that a Subadviser waives fees, the benefit of the waiver will be passed
through to the applicable Fund of Funds.
    11. No Underlying Fund will acquire securities of any other
investment company or company relying on section 3(c)(1) or 3(c)(7) of
the Act in excess of the limits contained in section 12(d)(1)(A) of the
Act, except to the extent that such Underlying Fund: (a) Acquires such
securities in compliance with section 12(d)(1)(E) of the Act and either
is an Affiliated Fund or is in the same ``group of investment
companies,'' as defined in section 12(d)(1)(G)(ii) of the Act, as its
corresponding master fund; (b) receives securities of another
investment company as a dividend or as a result of a plan of
reorganization of a company (other than a plan devised for the purpose
of evading section 12(d)(1) of the Act); or (c) Acquires (or is deemed
to have acquired) securities of another investment company pursuant to
exemptive relief from the Commission permitting such Underlying Fund to
(i) acquire securities of one or more investment companies for short-
term cash management purposes, or (ii) engage in interfund borrowing
and lending transactions.
    12. Any sales charges and/or service fees charged with respect to
shares of a Fund of Funds will not exceed the limits applicable to fund
of funds set forth in NASD Conduct Rule 2830.

Other Investments by Same Group Investing Funds

    Applicants agree that the relief to permit Same Group Investing
Funds to invest in Other Investments shall be subject to the following
condition:
    13. Applicants will comply with all provisions of rule 12d1-2 under
the Act, except for paragraph (a)(2) to the extent that it restricts
any Same Group Investing Fund from investing in Other Investments as
described in the application.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-05423 Filed 3-7-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Notices]
[Pages 7675-7677]
[FR Doc No: 2015-02811]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0335]

Parts and Accessories Necessary for Safe Operation; Dealers
Choice Truckaway System, Inc. Exemption Application

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Dealers Choice Truckaway System, Inc.'s
(Truckmovers) exemption application to allow the use of ultra-high-
molecular-weight polyethylene blocks to build up the height of the
front end of towed vehicles in driveaway-towaway operations. The
Federal Motor Carrier Safety Regulations (FMCSRs) permit the use of
``hardwood blocks of good quality'' for this purpose, but the use of
materials other than hardwood blocks is not addressed. FMCSA believes
the use of ultra-high-molecular-weight polyethylene plastic blocks will
maintain a level of safety that is equivalent to the level of safety
achieved without the exemption. While the Truckmovers exemption
application requested relief for an estimated 250 drivers and CMVs, the
Agency has decided that it is appropriate to extend the scope of the
exemption to allow any motor carrier to use ultra-high-molecular-weight
polyethylene support blocks in lieu of hardwood blocks.

DATES: This exemption is effective February 11, 2015 and ending
February 13, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
Room W12-140 on the ground level of the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

Truckmovers Application for Exemption

    Truckmovers applied for an exemption from 49 CFR 393.71(k)(4) to
allow the use of ultra-high-molecular-weight polyethylene support
blocks in lieu of hardwood blocks to increase the height of a towed
vehicle in driveaway-towaway operations. A copy of the application is
included in the docket referenced at the beginning of this notice.
    In its application, Truckmovers states that without the proposed
exemption it will not be able to utilize ultra-high-molecular-weight
polyethylene support blocks because 49 CFR 393.71(k)(4) specifically
requires the use of hardwood blocks to build up the height of the front
end of a towed vehicle in driveaway-towaway operations. Truckmovers
provided information regarding the development of ultra-high-molecular-
weight polyethylene blocks with a compression rating of 3,300 psi,
which can withstand extreme heat and cold. These blocks are not
susceptible to decomposition and erosion like wood blocks, allowing for
their re-use. The high compression strength of the ultra-high-
molecular-weight polyethylene makes the blocks resistant to deformation
under loading when secured with cargo securement devices, while wood
can be compressed as a result of over-tightening of the cargo
securement devices, and can crack and become loose in transit. For the
reasons stated above, Truckmovers requests that its operators be
permitted to use the ultra-high molecular polyethylene support blocks
to increase the height of a towed vehicle in driveaway-towaway
operations, instead of utilizing hardwood blocks as specified in the
current regulation. Truckmovers believes that the use of ultra-high-
molecular-weight polyethylene plastic blocks, in lieu of hardwood
support blocks, will maintain a level of safety that is equivalent to
the level of safety achieved without the exemption.

Comments

    FMCSA published a notice of the application in the Federal Register
on October 8, 2014, and asked for public comment (79 FR 60891). No
comments were received.

FMCSA Decision

    The FMCSA has evaluated the Truckmovers exemption application. The
Agency believes that granting the temporary exemption to allow the use
of ultra-high-molecular-weight polyethylene support blocks in lieu of
hardwood blocks to increase the height of a towed vehicle in driveaway-
towaway operations will provide a level of safety that is equivalent
to, or greater than the level of safety achieved without the exemption.
FMCSA agrees that ultra-high-molecular-weight polyethylene blocks will
be less susceptible to material degradation than hardwood blocks, and
that the use of these plastic blocks will help ensure that the towed
vehicle will remain secure within the saddle mounts and will prevent
shifting while in transit. While the Truckmovers exemption application
requested relief for an estimated 250 drivers and CMVs, the Agency has
decided that it is appropriate to extend the scope of the exemption to
allow any motor carrier to use ultra-high-molecular-weight polyethylene
support blocks in lieu of hardwood blocks to increase the height of a
towed vehicle in driveaway-towaway operations.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a two-year period,
beginning February 11, 2015 and ending February 13, 2017. Any motor
carrier that experiences a failure of the ultra-high-molecular-weight
polyethylene support blocks must report the incident to FMCSA's Vehicle
and Roadside Operations Division, 1200 New Jersey Avenue, Washington,
DC 20590. The report must include information about the size of the
support block and the weight upon the support block at the time the
block was damaged. This information will enable FMCSA to gather
information about the real-world experiences of carriers in using
ultra-high-molecular-weight polyethylene support blocks.

    The exemption will be valid for two years unless rescinded earlier
by FMCSA. The exemption will be rescinded if: (1) Motor carriers and/or
commercial motor vehicles fail to comply with the terms and conditions
of the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained before it was granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315(b).
    Interested parties possessing information that would demonstrate
that motor carriers using the plastic support blocks are not achieving
the requisite statutory level of safety should immediately notify
FMCSA. The Agency will evaluate any such information and, if safety is
being compromised or if the continuation of the exemption is not
consistent with 49 U.S.C. 31136(e) and 31315(b), will take immediate
steps to revoke the exemption.

Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption.

    Issued on: January 30, 2015.
T.F. Scott Darling, III,
 Acting Administrator.
[FR Doc. 2015-02811 Filed 2-10-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Page 36952]
[FR Doc No: 2023-11926]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0406]

Security Zone; Portland Rose Festival on Willamette River

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the security zone for the
Portland Rose Festival on the Willamette River in Portland, OR, from
noon on June 6, 2023 through noon on June 12, 2023. This action is
necessary to ensure the security of vessels participating in the 2023
Portland Rose Festival on the Willamette River during the event. Our
regulation for the Security Zone Portland Rose Festival on the
Willamette River identifies the regulated area. During the enforcement
period, no person or vessel may enter or remain in the security zone
without permission from the Sector Columbia River Captain of the Port.

DATES: The regulations in 33 CFR 165.1312 will be enforced from noon on
June 6, 2023 through noon on June 12, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email LT Carlie Gilligan,
Waterways Management Division, Sector Columbia River, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the security
zone for the Portland Rose Festival in 33 CFR 165.1312 for the
Willamette River regulated area from noon on June 6, 2023 through noon
on June 12, 2023. This action is necessary to ensure the security of
vessels participating in the 2023 Portland Rose Festival on the
Willamette River during the event. Under the provisions of 33 CFR
165.1312 and subpart D of Part 165, no person or vessel may enter or
remain in the security zone, consisting of all waters of the Willamette
River, from surface to bottom, encompassed by the Hawthorne and Steel
Bridges, without permission from the Sector Columbia River Captain of
the Port. Persons or vessels wishing to enter the security zone may
request permission to do so from the on-scene Captain of the Port
representative via VHF Channel 16 or 13. The Coast Guard may be
assisted by other Federal, State, or local enforcement agencies in
enforcing this regulation.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard will provide notification of this enforcement
period via the Local Notice to Mariners and marine information
broadcasts.

    Dated: May 30, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2023-11926 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 12, 2007 (Volume 72, Number 197)]
[Notices]
[Page 58143-58144]
[DOCID:fr12oc07-108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56616; File No. SR-NYSEArca-2007-99]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Modify the
Exchange's Fees for Orders Submitted for Certain NYSE and Nasdaq-Listed
Securities

October 4, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 28, 2007, NYSE Arca, Inc. (the ``Exchange''), through its
wholly owned subsidiary NYSE Arca Equities, Inc. (``NYSE Arca
Equities''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. The Exchange has designated this proposal as one establishing
or changing a due, fee, or other charge imposed by the Exchange under
section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange, through its wholly owned subsidiary NYSE Arca
Equities, proposes to amend its Schedule of Fees and Charges for
Exchange Services (the ``Fee Schedule'') to revise transaction fees for
orders submitted by ETP Holders \5\ (including Market Makers \6\) for
securities listed on either the New York Stock Exchange LLC (``NYSE'')
or The NASDAQ Stock Market LLC (``Nasdaq''). The Exchange also proposes
to revise its routing fees for Nasdaq-listed securities. While changes
to the Fee Schedule pursuant to this proposal were effective upon
filing, the Exchange designated the changes operative on October 1,
2007. The text of the proposed rule change is available on the
Exchange's Web site at http://www.nyse.com, at the Exchange's Office of

the Secretary, and at the Commission.
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    \5\ See NYSE Arca Equities Rule 1.1(n).
    \6\ See NYSE Arca Equities Rule 1.1(u).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    As part of its continuing efforts to enhance participation on the
Exchange, NYSE Arca Equities proposes to amend relevant sections of its
Fee Schedule that apply to orders submitted for NYSE and Nasdaq-listed
securities, excluding Exchange Traded Funds (``ETFs'') listed on the
NYSE. These changes will narrow the margins of fees received and
credits paid by either: (1) For Nasdaq-listed securities, reducing the
fees assessed for orders that remove liquidity from the NYSE Arca
Equities book, or (2) for NYSE-listed securities (other than ETFs),
increasing the credits provided for orders that provide liquidity to
the book.
    Currently, the fees and credits for round lot orders in NYSE-listed
securities are $0.003 per share and $0.002 per share, respectively.
Pursuant to this proposal, for NYSE-listed securities (excluding ETFs),
the Exchange will increase the $0.002 per share credit to $0.0025 per
share.
    Similarly, the fees and credits for round lot orders in Nasdaq-
listed securities are $0.003 per share and $0.002 per share,
respectively. Pursuant to this proposal, for Nasdaq-listed securities,
the Exchange will reduce the $0.003 per share fee to $0.0025 per share.
    Additionally, the Exchange proposes to reduce the fee for round lot
and odd-lot orders of Nasdaq-listed securities submitted by ETP Holders
routed away from the Exchange, and executed by another market center or
participant, from $0.004 per share to $0.0035 per share.
    By this filing, the Exchange has also made clarifying amendments to
the Fee Schedule to reflect: (1) The approval of Nasdaq as a national
securities exchange thereby classifying Nasdaq securities as ``listed
securities,'' and (2) the dissolution of the Intermarket Trading
System.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of section 6 of the Act \7\ in general and furthers
the objectives of section 6(b)(4) of the Act \8\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among its

members and other persons using its facilities.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments on the proposed rule change were neither solicited
nor received.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(2)
\10\ thereunder, because it establishes or changes a due, fee, or other
charge imposed by the Exchange.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2007-99 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2007-99. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the NYSE. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2007-99 and should
be submitted on or before November 2, 2007.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
Nancy M. Morris,
Secretary.
 [FR Doc. E7-20119 Filed 10-11-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: December 21, 2009 (Volume 74, Number 243)]
[Rules and Regulations]
[Page 67819-67821]
[DOCID:fr21de09-8]

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

40 CFR Part 52

[EPA-R09-OAR-2008-0379; FRL-8982-4]

Approval and Promulgation of Maintenance Plan for Carbon
Monoxide; State of Arizona; Tucson Air Planning Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Clean Air Act, EPA is approving two revisions
to the Arizona State Implementation Plan. These revisions include the
2008 Revision to the Carbon Monoxide Limited Maintenance Plan for the
Tucson Air Planning Area, submitted on July 10, 2008, and a statutory
provision, submitted on June 22, 2009, that extends the life of the
State's vehicle emissions inspection program through the end of 2016.
EPA is taking this action pursuant to those provisions of the Clean Air
Act that obligate the Agency to take action on submittals of revisions
to state implementation plans. The effect of this action is to make
certain commitments related to maintenance of the carbon monoxide
standard in the Tucson Air Planning Area Federally enforceable as part
of the Arizona State Implementation Plan.

DATES: Effective Date: This rule is effective on January 20, 2010.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2008-0379 for
this action. The index to the docket is

available electronically at http://www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed in the index, some information
may be publicly available only at the hard copy location (e.g.,
copyrighted material), and some may not be publicly available in either
location (e.g., CBI). To inspect the hard copy materials, please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Marty Robin, Air Planning Office (AIR-
2), EPA Region IX,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On August 5, 2009 (74 FR 39007), EPA proposed to approve, under the
Clean Air Act (CAA or ``Act''), two revisions to the Arizona State
Implementation Plan (SIP) submitted by the Arizona Department of
Environmental Quality (ADEQ). First, we proposed to approve the 2008
Revision to the Carbon Monoxide Limited Maintenance Plan for the Tucson
Air Planning Area (for 2010) (``2008 CO Maintenance Plan''), submitted
by ADEQ on July 10, 2008. Second, we proposed to approve a statutory
provision that was submitted by ADEQ on June 22, 2009 that extends the
life of the State's vehicle emissions inspection (VEI) program through
the end of 2016.
    We proposed approval of the 2008 CO Maintenance Plan because we
concluded that it includes an acceptable update of the various elements
of the initial EPA-approved 1996 CO Maintenance Plan for the Tucson Air
Planning Area (TAPA) (including emissions inventory, assurance of
adequate monitoring and verification of continued attainment, and
contingency provisions), and essentially carries forward all of the
control measures and contingency provisions relied upon in the earlier
plan.
    We also concluded that the TAPA, a former nonclassifiable CO
nonattainment area, continues to qualify for the Limited Maintenance
Plan (LMP) option and that therefore the 2008 CO Maintenance Plan
adequately demonstrates maintenance of the CO NAAQS through
documentation of monitoring data showing maximum CO levels less than
85% of the NAAQS and continuation of existing control measures. We
believed the 2008 CO Maintenance Plan to be sufficient to provide for
maintenance of the CO NAAQS in the TAPA over the second 10-year
maintenance period and to thereby satisfy the requirements for such a
plan under CAA section 175A(b). Based on our finding that the 2008 CO
Maintenance Plan qualifies as an LMP, we proposed to approve the 2008
CO Maintenance Plan for transportation conformity purposes.
    In connection with the 2008 CO Maintenance Plan, we proposed to
approve a statutory provision, Arizona Revised Statutes (ARS) section
41-3017.01, that extends the life of the State's VEI program
(applicable to the TAPA and Phoenix metropolitan areas) until the end
of 2016, and that was submitted to EPA as a revision to the Arizona SIP
on June 22, 2009, based on our expectation that the Arizona Legislature
will extend the VEI program beyond 2016. The VEI program is one of the
control measures relied upon by the 2008 CO Maintenance Plan.
    Please refer to our August 5, 2009 proposed rule for more
information on our evaluation and decision.

II. Public Comment

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. Final Action

    Under sections 110(k) and 175A of the CAA and for the reasons set
forth above and in our proposed rule, EPA is approving two revisions of
the Arizona SIP submitted by ADEQ. The first, submitted on July 10,
2008, includes the 2008 CO Maintenance Plan for the Tucson Air Planning
Area, and the second, submitted on June 22, 2009, includes a statutory
provision (ARS section 41-3017.01) extending the life of the VEI
program through the end of 2016. Our approval makes the commitments in
the maintenance plan, such as the commitment to continue to maintain a
monitoring network in accordance with EPA requirements and to implement
the contingency provisions, federally enforceable.
    We are also approving the 2008 CO Maintenance Plan as an LMP, and
under our LMP policy, such an approval means that the Pima Association
of Governments (PAG), the Federal Highway Administration, and the
Federal Transit Administration will not be required to satisfy the
regional emissions analysis for CO under 40 CFR 93.118 and/or 40 CFR
93.119 in determining conformity of transportation plans and programs
in the Tucson Air Planning Area.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:

     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249,

November 9, 2000), because the SIP is not approved to apply in Indian
country located in the State, and EPA notes that it will not impose
substantial direct costs on Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 19, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: October 14, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart D--Arizona

0
2. Section 52.120 is amended by adding paragraphs (c)(143) and (c)(144)
to read as follows:

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (143) The 2008 Revision to the Carbon Monoxide Limited Maintenance
Plan for the Tucson Air Planning Area (for 2010), adopted by the Pima
Association of Governments on June 26, 2008, and adopted and submitted
by the Arizona Department of Environmental Quality on July 10, 2008,
excluding appendix D. (144) Appendix D (Revised) (``Letter from Arizona
Department of Environmental Quality re: Vehicle Emissions Inspection
Program (VEIP), Revised to include supporting documents authorizing the
VEIP from 2009 to 2017 (Chapter 171, Senate Bill 1531 from the 48th
Regular Session of the Arizona Legislature and Arizona Revised Statute
text A.R.S. 41-3017.01''), adopted as a Supplement to the Carbon
Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (for
2010) by the Pima Association of Governments on May 28, 2009, and
adopted and submitted by the Arizona Department of Environmental
Quality on June 22, 2009.

[FR Doc. E9-30134 Filed 12-18-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 65995-65996]
[FR Doc No: 2015-27404]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2790-064]

Boott Hydropower, Inc.; Eldred L. Field Hydro Facility Trust;
Notice of Application for Partial Transfer of License and Soliciting
Comments, Motions to Intervene, and Protests

    On October 9, 2015, Boott Hydropower, Inc., co-licensee and Eldred
L. Field Hydro Facility Trust, co-licensee (transferors) jointly filed
an application for the partial transfer of the license of the Lowell
Hydroelectric Project No. 2790 to remove as co-licensee Eldred L. Hydro
Facility Trust and to convert Boott Hydropower, Inc. to an LLC. The
project is located on the Merrimack River in Middlesex County,
Massachusetts.
    Boott Hydropower, Inc. is a subsidiary of Enel Green Power North
America, Inc. As part of an internal reorganization Boott Hydropower,
Inc. intends to convert to an LLC, (Boott Hydropower, LLC). Boott
Hydropower, Inc. seeks Commission approval to transfer the license for
the Lowell Hydroelectric Project to Boott Hydropower, LLC as sole
licensee in association with the conversion, effective on the date
Boott Hydropower, LLC submits certified copies of its articles of
conversion, plan of conversion, and limited liability company operating
agreement to the Commission.
    Applicant Contact: For Applicants: Ms. Megan Beauregard, Senior
Associate General Counsel, Enel Green Power North America, Inc., One
Tech Drive, Suite 220, Andover, MA 01810, telephone:<PHONE_NUMBER>,
email<EMAIL_ADDRESS>    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, and protests:
30 days from the date that the Commission issues this notice. The
Commission strongly encourages electronic filing. Please file motions
to intervene, comments, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please

send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426. The first page of any
filing should include docket number P-2790-064.

    Dated: October 22, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-27404 Filed 10-27-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Notices]
[Pages 40620-40621]
[FR Doc No: 2017-17990]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Requests for
Comments; Clearance of Renewed Approval of Information Collection:
Passenger Facility Charge (PFC) Application

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew a previously approved
information collection. This program requires public agencies and
certain members of the aviation industry to prepare and submit
applications and reports to the FAA. Through this program the FAA
provides additional funding for airport development which is needed now
and in the future.

DATES: Written comments should be submitted by September 25, 2017.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and

Budget. Comments should be addressed to the attention of the Desk
Officer, Department of Transportation/FAA, and sent via electronic mail
to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed
to the Office of Information and Regulatory Affairs, Office of
Management and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Barbara Hall at<EMAIL_ADDRESS>or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0557.
    Title: Passenger Facility Charge (PFC) Application.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on June 19, 2017 (82 FR 27943). There were no comments.
49 U.S.C. 40117 authorizes airports to impose passenger facility
charges (PFC). The final rule (14 CFR part 158) implementing this Act
was effective June 28, 1991. The information collected allows the FAA
to approve the collection of PFC revenue for projects which preserve or
enhance safety, security, or capacity of the national air
transportation system, or which reduce noise or mitigate noise impacts
resulting from an airport, or which furnish opportunities for enhanced
competition between or among air carriers.
    Respondents: Approximately 450 applicants annually.
    Frequency: On occasion.
    Estimated Average Burden per Response: 10 hours.
    Estimated Total Annual Burden: 24,025 hours.

    Issued in Washington, DC, on August 21, 2017.
Ronda L. Thompson,
FAA Information Collection Clearance Officer, Performance, Policy &
Records Management Branch, ASP-110.
[FR Doc. 2017-17990 Filed 8-24-17; 8:45 am]
 BILLING CODE 4910-13-P