[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Notices]
[Pages 53868-53871]
[FR Doc No: 2020-19051]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89663; File No. SR-NYSEArca-2020-48]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade
Shares of Gabelli ETFs Under Rule 8.900-E, Managed Portfolio Shares

August 25, 2020.

I. Introduction

    On May 15, 2020, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) \1\ of the Securities

Exchange Act of 1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ a
proposed rule change to list and trade shares (``Shares'') of the
following funds under Rule 8.900-E (Managed Portfolio Shares): Gabelli
Growth Innovators ETF, Gabelli Financial Services ETF, Gabelli Small
Cap Growth ETF, Gabelli Small & Mid Cap ETF, Gabelli Micro Cap ETF,
Gabelli ESG ETF, Gabelli Asset ETF, Gabelli Equity Income ETF, and
Gabelli Green Energy ETF (each a ``Fund'' and, collectively, the
``Funds''). The proposed rule change was published for comment in the
Federal Register on June 3, 2020.\4\ On July 9, 2020, the Commission
extended the time period within which to approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether to approve or disapprove the proposed rule change
to September 1, 2020.\5\ On August 6, 2020, the Exchange filed
Amendment No. 1 to the proposed rule change, which replaced and
superseded the proposed rule change as originally filed.\6\ The
Commission has received no comment letters on the proposal. This order
approves the proposed rule change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 88970 (May 28,
2020), 85 FR 34262.
    \5\ See Securities Exchange Act Release No. 89279, 85 FR 42925
(July 15, 2020).
    \6\ Because Amendment No. 1 does not materially alter the
substance of the proposed rule change, Amendment No. 1 is not
subject to notice and comment. Amendment No. 1 is available on the
Commission's website at: https://www.sec.gov/comments/sr-nysearca-2020-48/srnysearca202048-7529145-222118.pdf.
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II. The Exchange's Description of the Proposal \7\
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    \7\ Additional information regarding the Fund, the Trust
(defined infra), and the Shares can be found in Amendment No. 1,
supra note 6, and the Registration Statement, infra note 8.
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    NYSE Arca Rule 8.900-E(b)(1) requires the Exchange to file separate
proposals under Section 19(b) of the Act before listing and trading any
series of Managed Portfolio Shares on the Exchange; thus, the Exchange
submitted this proposal to list and trade Managed Portfolio Shares of
the Funds. The Shares will be issued by the Gabelli ETFs Trust
(``Trust''), a statutory trust organized under the laws of the State of
Delaware and registered with the Commission as an open-end management
investment company.\8\ The investment adviser to each Fund will be
Gabelli Funds, LLC (``Adviser''). G.distributors, LLC will serve as the
distributor of each of the Funds' Shares.
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    \8\ The Trust is registered under the Investment Company Act of
1940 (15 U.S.C. 80a-1) (``1940 Act''). On May 8, 2020, the Trust
filed a registration statement on Form N-1A under the Securities Act
of 1933 and the 1940 Act for the Funds (File No. 812-15036)
(``Registration Statement''). The Commission issued an order
granting exemptive relief to the Trust (``Exemptive Order'') under
the 1940 Act on December 3, 2019 (Investment Company Act Release No.
33708). The Exemptive Order was granted in response to the Trust's
application for exemptive relief (``Exemptive Application'') (File
No. 812-15036).
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A. Description of the Funds

    Each Fund's holdings will conform to the permissible investments as
set forth in the Exemptive Application and Exemptive Order, and the
holdings will be consistent with all requirements in the Exemptive
Application and Exemptive Order.\9\
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    \9\ Pursuant to the Exemptive Order, the only permissible
investments for a Fund are the following that trade on a U.S.
exchange contemporaneously with the Funds' Shares: Exchange-traded
funds (``ETFs''), exchange-traded notes, exchange-listed common
stocks, exchange-traded American Depositary Receipts, exchange-
traded real estate investment trusts, exchange-traded commodity
pools, exchange-traded metals trusts, exchange-traded currency
trusts and exchange-traded futures, as well as cash and cash
equivalents (short-term U.S. Treasury securities, government money
market funds, and repurchase agreements).
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    Gabelli Growth Innovators ETF. The Fund's primary objective is to
seek to provide capital appreciation. The Fund will primarily invest in
common stocks of companies that the Adviser believes are relevant to
the Fund's investment theme of innovation, with assets invested
primarily in a broad range of readily marketable equity securities
consisting of U.S. exchange-listed common stock and preferred stock.
    Gabelli Financial Services ETF. The Fund seeks to provide capital
appreciation. The Fund intends to invest in the securities, including
U.S. exchange-listed common stock and preferred stock, of companies
principally engaged in the group of industries comprising the financial
services sector.
    Gabelli Small Cap Growth ETF. The Fund seeks to provide a high
level of capital appreciation. The Fund intends to invest primarily in
the U.S. exchange-listed common stocks of companies which the Adviser
believes are likely to have rapid growth in revenues and above average
rates of earnings growth.
    Gabelli Small & Mid Cap ETF. The Fund seeks long term capital
growth. The Fund intends to invest primarily in equity securities (such
as U.S. exchange-listed common stock and preferred stock) of companies
with small or medium sized market capitalizations.
    Gabelli Micro Cap ETF. The Fund primarily seeks to provide
investors with long term capital appreciation. The Fund intends to
invest primarily in equity securities of micro-cap companies (as
defined by the Fund). The Fund seeks to invest in equity securities
including U.S. exchange-listed common stocks (including indirect
holdings of common stock through American Depositary Receipts) and
preferred stocks.
    Gabelli ESG ETF. The Fund's investment objective is capital
appreciation. The Fund seeks to invest primarily in companies that the
Adviser believes meet the Fund's guidelines for social responsibility.
The Fund intends to invest in common and preferred stocks that are
listed on a national securities exchange.
    Gabelli Asset ETF. The Fund primarily seeks to provide growth of
capital. The Fund intends to invest primarily in U.S. exchange-listed
common stocks and preferred stocks and may also invest in foreign
securities by investing in American Depositary Receipts.
    Gabelli Equity Income ETF. The Fund seeks a high level of total
return on its assets with an emphasis on income. The Fund intends to
invest in income producing equity securities including U.S. exchange-
listed common stock and preferred stock.
    Gabelli Green Energy ETF. The Fund seeks total return through
current income and capital appreciation. The Fund intends to invest
primarily in U.S. equity securities and American Depositary Receipts
issued by clean energy companies.

B. The Funds' Investment Restrictions

    Each Fund's holdings will be consistent with all requirements
described in the Exemptive Application and Exemptive Order.\10\ Each
Fund's investments, including derivatives, will be consistent with its
investment objective and will not be used to enhance leverage (although
certain derivatives and other investments may result in leverage). That
is, for each Fund, the Fund's investments will not be used to seek
performance that is the multiple or inverse multiple (e.g., 2X or -3X)
of the Fund's primary broad-based securities benchmark index (as
defined in Form N-1A).\11\
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    \10\ See id. and supra note 8.
    \11\ Each Fund's broad-based securities benchmark index will be
identified in a future amendment to the Registration Statement
following that Fund's first full calendar year of performance.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, to list and trade the Shares is
consistent with

the Act and the rules and regulations thereunder applicable to a
national securities exchange.\12\ In particular, the Commission finds
that the proposed rule change, as modified by Amendment No. 1, is
consistent with Section 6(b)(5) of the Act,\13\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
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    \12\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \13\ 15 U.S.C. 78f(b)(5).
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    For each series, the Exchange will establish a minimum number of
shares required to be outstanding at the time of commencement of
trading on the Exchange.\14\
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    \14\ See NYSE Arca Rule 8.900-E(d)(1)(A).
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    The Adviser is not registered as a broker-dealer but is affiliated
with a broker-dealer.\15\ The Adviser has implemented and will maintain
a ``fire wall'' with respect to its broker-dealer affiliate regarding
access to information concerning the composition and/or changes to a
Fund's portfolio and Creation Basket.\16\ Any person related to the
Adviser or the Trust who makes decisions pertaining to a Fund's
portfolio composition or that has access to information regarding a
Fund's portfolio or changes thereto or the Creation Basket will be
subject to procedures designed to prevent the use and dissemination of
material non-public information regarding such portfolio or changes
thereto and the Creation Basket.\17\ Further, any person or entity,
including an AP Representative,\18\ custodian, Reporting Authority,
distributor, or administrator, who has access to information regarding
the Fund's portfolio composition or changes thereto or its Creation
Basket, must be subject to procedures designed to prevent the use and
dissemination of material nonpublic information regarding the
applicable Fund portfolio or changes thereto or the Creation
Basket.\19\ Moreover, if any such person or entity is registered as a
broker-dealer or affiliated with a broker-dealer, such person or entity
must erect and maintain a ``fire wall'' between the person or entity
and the broker-dealer with respect to access to information concerning
the composition of and/or changes to such Fund's portfolio or Creation
Basket.\20\
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    \15\ See Amendment No. 1, supra note 6, at 6.
    \16\ See id. See also NYSE Arca Rule 8.900-E(c)(5) (defining
``Creation Basket'').
    \17\ See Amendment No. 1, supra note 6, at 6. Furthermore, the
Exchange represents that in the event that (a) the Adviser becomes
registered as a broker-dealer or becomes newly affiliated with a
broker-dealer, or (b) any new adviser or sub-adviser is a registered
broker-dealer or becomes affiliated with a broker-dealer, the
Adviser will implement and maintain a fire wall with respect to
personnel of the broker-dealer or broker-dealer affiliate regarding
access to information concerning the composition and/or changes to
the portfolio and/or Creation Basket. See id. at 18.
    \18\ See NYSE Arca Rule 8.900-E(c)(5) (defining ``AP
Representative'').
    \19\ See NYSE Arca Rule 8.900-E(b)(5).
    \20\ See id.
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    The Exchange states that trading in the Shares will be subject to
the Exchange's surveillance procedures for derivative products, and
that its surveillance procedures are adequate to properly monitor the
trading of the Shares on the Exchange during all trading sessions and
to deter and detect violations of Exchange rules and the applicable
federal securities laws.\21\ NYSE Arca Rule 8.900-E(b)(3) requires each
Fund's investment adviser to, upon request by the Exchange, or the
Financial Industry Regulatory Authority (``FINRA'') on behalf of the
Exchange, to make available to the daily portfolio holdings of each
series of Managed Portfolio Shares. The Exchange states that it has a
general policy prohibiting the distribution of material, non-public
information by its employees.\22\ The Commission notes that, similarly,
FINRA Rule 9910(d) generally prohibits FINRA employees from
disseminating or disclosing, for a purpose unnecessary to the
performance of FINRA job responsibilities any nonpublic information
obtained in the course of his or her employment.
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    \21\ See Amendment No. 1, supra note 6, at 16.
    \22\ See id.
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    The Commission also finds that the proposal is consistent with
Section 11A(a)(1)(C)(iii) of the Act,\23\ which sets forth Congress's
finding that it is in the public interest and appropriate for the
protection of investors and the maintenance of fair and orderly markets
to assure the availability to brokers, dealers, and investors of
information with respect to quotations for, and transactions in,
securities. The Commission believes that the proposal is reasonably
designed to promote fair disclosure of information that may be
necessary to price the Shares appropriately and to prevent trading in
the Shares when a reasonable degree of certain pricing transparency
cannot be assured. As such, the Commission believes the proposal is
reasonably designed to maintain a fair and orderly market for trading
the Shares.
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    \23\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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    Specifically, as required by NYSE Arca Rule 8.900-E(d)(1)(B), the
Exchange will obtain a representation from the issuer that the net
asset value (``NAV'') per Share of each Fund will be calculated daily
and will be made available to all market participants at the same
time.\24\ Information regarding market price and trading volume of the
Shares will be continually available on a real-time basis throughout
the day on brokers' computer screens and other electronic services.\25\
Quotation and last-sale information for the Shares will be available
via the Consolidated Tape Association high-speed line.\26\ In addition,
the Verified Intraday Indicative Value (``VIIV''), as defined in Rule
8.900-E(c)(2),\27\ will be widely disseminated by the Reporting
Authority and/or one or more major market data vendors in one second
intervals during the Exchange's Core Trading Session and will be
disseminated to all market participants at the same time.\28\ Moreover,
the Funds' website, www.Gabelli.com, will include a form of the
prospectus for each Fund that may be downloaded. The Funds' website
will include additional quantitative information updated on a daily
basis, including, for each Fund, the prior Business Day's NAV, market
closing price or mid-point of the bid/ask spread at the time of
calculation of such NAV (``Bid/Ask Price''),\29\ and a calculation of
the

premium and discount of the market closing price or Bid/Ask Price
against the NAV. The website and information will be publicly available
at no charge.\30\
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    \24\ See Amendment No. 1, supra note 6, at 15-16.
    \25\ See id. at 13.
    \26\ See id.
    \27\ NYSE Arca Rule 8.900-E(c)(2) defines the term ``Verified
Intraday Indicative Value'' as the indicative value of a Managed
Portfolio Share based on all of the holdings of a series of Managed
Portfolio Shares as of the close of business on the prior business
day and, for corporate actions, based on the applicable holdings as
of the opening of business on the current business day, priced and
disseminated in one second intervals during the Core Trading Session
by the Reporting Authority. NYSE Arca Rule 8.900-E(c)(8) defines the
term ``Reporting Authority'' with respect to a particular series of
Managed Portfolio Shares as the Exchange, an institution, or a
reporting service designated by the Exchange or by the exchange that
lists a particular series of Managed Portfolio Shares (if the
Exchange is trading such series pursuant to unlisted trading
privileges), as the official source for calculating and reporting
information relating to such series, including, but not limited to,
the NAV, the VIIV, or other information relating to the issuance,
redemption, or trading of Managed Portfolio Shares. A series of
Managed Portfolio Shares may have more than one Reporting Authority,
each having different functions.
    \28\ See NYSE Arca Rule 8.900-E(d)(2)(A). See Amendment No. 1,
supra note 6, at 13.
    \29\ The Bid/Ask Price of a Fund's Shares will be the mid-point
between the current national best bid and offer at the time of
calculation of such Fund's NAV. The records relating to Bid/Ask
Prices will be retained by the Funds or their service providers. See
Amendment No. 1, supra note 6, at 13.
    \30\ See id.
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    The Commission also notes that the Exchange's rules regarding
trading halts help to ensure the maintenance of fair and orderly
markets for the Shares. Specifically, the Exchange may consider all
relevant factors in exercising its discretion to halt trading in the
Shares, and will halt trading in the Shares under the conditions
specified in NYSE Arca Rule 7.12-E. Trading in the Shares will be
subject to Rule 8.900-E(d)(2)(C), which sets forth circumstances under
which trading in the Shares will be halted. Specifically, Rule 8.900-
E(d)(2)(C)(i) provides that the Exchange may consider all relevant
factors in exercising its discretion to halt trading in a series of
Managed Portfolio Shares. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the series of Managed Portfolio Shares inadvisable. These
may include: (a) The extent to which trading is not occurring in the
securities and/or the financial instruments composing the portfolio; or
(b) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present.\31\ Rule
8.900-E(d)(2)(C)(ii) provides that, if the Exchange becomes aware that:
(i) The VIIV of a series of Managed Portfolio Shares is not being
calculated or disseminated in one second intervals, as required; (ii)
the NAV with respect to a series of Managed Portfolio Shares is not
disseminated to all market participants at the same time; (iii) the
holdings of a series of Managed Portfolio Shares are not made available
on at least a quarterly basis as required under the 1940 Act; or (iv)
such holdings are not made available to all market participants at the
same time (except as otherwise permitted under the applicable Exemptive
Order or no-action relief granted by the Commission or Commission staff
to the Investment Company with respect to the series of Managed
Portfolio Shares), it will halt trading in such series until such time
as the VIIV, the NAV, or the holdings are available, as required.
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    \31\ The Exemptive Application provides that the Investment
Company or their agent will request that the Exchange halt trading
in the applicable series of Managed Portfolio Shares where: (i) The
intraday indicative values calculated by the calculation engines
differ by more than 25 basis points for 60 seconds in connection
with pricing of the VIIV; or (ii) holdings representing 10% or more
of a series of Managed Portfolio Shares' portfolio have become
subject to a trading halt or otherwise do not have readily available
market quotations. Any such requests will be one of many factors
considered in order to determine whether to halt trading in a series
of Managed Portfolio Shares, and the Exchange retains sole
discretion in determining whether trading should be halted. As
provided in the Exemptive Application, each series of Managed
Portfolio Shares would employ a pricing verification agent to
continuously compare two intraday indicative values during regular
trading hours in order to ensure the accuracy of the VIIV. See id.
at 15, n.21.
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    In support of this proposal, the Exchange has also made the
following representations:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Rule 8.900-E.
    (2) The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities.\32\
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    \32\ See id. at 15.
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    (3) Prior to the commencement of trading, the Exchange will inform
its members in an Information Bulletin (``Bulletin'') of the special
characteristics and risks associated with trading the Shares.\33\
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    \33\ The Bulletin will discuss the following: (1) The procedures
for purchases and redemptions of Shares; (2) Rule 9.2-E(a), which
imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the
Shares; (3) how information regarding the VIIV is disseminated; (4)
the requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; (5) trading information; and (6) that
the portfolio holdings of the Shares are not disclosed on a daily
basis. See id. at 16-17.
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    (4) FINRA, on behalf of the Exchange, or the regulatory staff of
the Exchange, or both, will communicate as needed regarding trading in
the Shares and certain exchange-traded instruments with other markets
and other entities that are members of the Intermarket Surveillance
Group (``ISG''), and FINRA, on behalf of the Exchange, or the
regulatory staff of the Exchange, or both, may obtain trading
information regarding trading such securities from such markets and
other entities. In addition, the Exchange may obtain information
regarding trading in the Shares and certain exchange-traded instruments
from markets and other entities that are members of ISG or with which
the Exchange has in place a comprehensive surveillance sharing
agreement.
    (5) The Exchange represents that, for initial and/or continued
listing, each Fund will be in compliance with Rule 10A-3 under the
Act.\34\
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    \34\ See id. at 7.
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    This approval order is based on all of the Exchange's statements
and representations set forth above and in Amendment No. 1.
Additionally, the Exchange states that all statements and
representations made in its proposal regarding (a) the description of
the portfolio or reference assets, (b) limitations on portfolio
holdings or reference assets, or (c) the applicability of Exchange
rules shall constitute continued listing requirements for listing the
Shares on the Exchange, as provided under Rule 8.900-E(b)(1). The
issuer of the Shares will be required to represent to the Exchange that
it will advise the Exchange of any failure by a Fund to comply with the
continued listing requirements, and, pursuant to its obligations under
Section 19(g)(1) of the Act, the Exchange will surveil for compliance
with the continued listing requirements. If a Fund is not in compliance
with the applicable listing requirements, the Exchange will commence
delisting procedures under Exchange Rule 5.5-E(m).\35\
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    \35\ See id. at 16.
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    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) of the Act \36\ and Section 11A(a)(1)(C)(iii) of the Act \37\
and the rules and regulations thereunder applicable to a national
securities exchange.
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    \36\ 15 U.S.C. 78f(b)(5).
    \37\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\38\ that the proposed rule change (SR-NYSEArca-2020-48), as
modified by Amendment No. 1, be, and it hereby is, approved.
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    \38\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\39\
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    \39\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2020-19051 Filed 8-28-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Notices]
[Pages 34110-34111]
[FR Doc No: 2011-14390]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549.
Extension:
    Rule 32a-4; SEC File No. 270-473; OMB Control No. 3235-0530.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collections
of information summarized below. The Commission plans to submit these
existing collections of information to the Office of Management and
Budget (``OMB'') for extension and approval.
    Section 32(a)(2) of the Investment Company Act (15 U.S.C. 80a-
31(a)(2)) requires that shareholders of a registered investment
management or face-amount certificate company (collectively, ``funds'')
ratify or reject the selection of the fund's independent public
accountant. Rule 32a-4 (17 CFR 270.32a-4) exempts funds from this
requirement if (i) The fund's board of directors establishes an audit
committee composed solely of independent directors with responsibility
for overseeing the fund's accounting and auditing processes,\1\ (ii)
the fund's board of directors adopts an audit committee charter setting
forth the committee's structure, duties, powers and methods of
operation, or sets forth such provisions in the fund's charter or
bylaws,\2\ and (iii) the fund maintains a copy of such an audit
committee charter, and any modifications to the charter, permanently in
an easily accessible place.\3\
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    \1\ Rule 32a-4(a).
    \2\ Rule 32a-4(b).
    \3\ Rule 32a-4(c).
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    Each fund that chooses to rely on rule 32a-4 incurs two collection
of information burdens. The first, related to the board of directors'
adoption of the audit committee charter, occurs once, when the
committee is established. The second, related to the fund's maintenance
and preservation of a copy of the charter in an easily accessible
place, is an ongoing annual burden. The information collection
requirement in rule 32a-4 enables the Commission to monitor the duties
and responsibilities of an independent audit committee formed by a fund
relying on the rule.
    Commission staff estimates that, on average, the board of directors
takes 15 minutes to adopt the audit committee charter. Commission staff
has estimated that with an average of 8 directors on the board,\4\
total director time to adopt the charter is 2 hours. Combined with an
estimated 1 hour of paralegal time to prepare the charter for board
review, the staff estimates a total one-time collection of information
burden of 3 hours for each fund. Once a board adopts an audit committee
charter, a fund generally maintains it in a file cabinet or as a
computer file. Commission staff has estimated that there is no annual
hourly burden associated with maintaining the charter in this form.\5\
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    \4\ This estimate is based on staff discussions with a
representative of an entity that surveys funds and calculates fund
board statistics based on responses to its surveys.
    \5\ No hour burden related to such maintenance of the charter
was identified by the funds the Commission staff surveyed.
Commission staff understands that many audit committee charters have
been significantly revised after their adoption in response to the
Sarbanes-Oxley Act (Pub. L. 107-204, 116 Stat. 745) and other
developments. However, the costs associated with these revisions are
not attributable to the requirements of rule 32a-4.
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    Because virtually all funds extant have now adopted audit committee
charters, the annual one-time collection of information burden
associated with adopting audit committee charters is limited to the
burden incurred by newly established funds. Commission staff estimates
that fund sponsors establish approximately 117 new funds each year,\6\
and that all of these funds will adopt an audit committee charter in
order to rely on rule 32a-4. Thus, Commission staff estimates that the
annual one-time hour burden associated with adopting an audit committee
charter under rule 32a-4 going forward will be approximately 351
hours.\7\
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    \6\ This estimate is based on the number of Form N-8As filed
from January 2010 through December 2010.
    \7\ This estimate is based on the following calculation: (3.0
burden hours for establishing charter x 117 new funds = 351 burden
hours).
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    As noted above, all funds that rely on rule 32a-4 are subject to
the ongoing collection of information requirement to preserve a copy of
the charter in an easily accessible place. This ongoing requirement,
which Commission staff has estimated has no hourly burden, applies to
new funds that adopt an audit committee charter each year and to all
funds that have previously adopted the charter and continue to maintain
it.
    When funds adopt an audit committee charter in order to rely on
rule 32a-4, they also may incur one-time costs related to hiring
outside counsel to prepare the charter. Commission staff estimates that
those costs average approximately $1500 per fund.\8\

Commission staff understands that virtually all funds now rely on rule
32a-4 and have adopted audit committee charters, and thus estimates
that the annual cost burden related to hiring outside legal counsel is
limited to newly established funds.
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    \8\ Costs may vary based on the individual needs of each fund.
However, based on the staff's conversations with outside counsel
that prepare these charters, legal fees related to the preparation
and adoption of an audit committee charter usually average $1500 or
less. The Commission also understands that the ICI has prepared a
model audit committee charter, which most legal professionals use
when establishing audit committees, thereby reducing the costs
associated with drafting a charter.
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    As noted above, Commission staff estimates that approximately 117
new funds each year will adopt an audit committee charter in order to
rely on rule 32a-4. Thus, Commission staff estimates that the ongoing
annual cost burden associated with rule 32a-4 in the future will be
approximately $175,500.\9\
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    \9\ This estimate is based on the following calculations: ($1500
cost of adopting charter x 117 newly established funds = $175,500).
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    The estimates of average burden hours and costs are made solely for
the purposes of the Paperwork Reduction Act, and are not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules and forms.
    The collections of information required by rule 32a-4 are necessary
to obtain the benefits of the rule. The Commission is seeking OMB
approval, because 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 control number.
    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimates of the burdens
of the collections of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burdens of the collections of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312; or send an
e-mail to<EMAIL_ADDRESS>
    Dated: June 6, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-14390 Filed 6-9-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Notices]
[Page 34712]
[FR Doc No: 2020-12137]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0303]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Small Unmanned
Aircraft Systems (sUAS) Accident Reporting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

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 an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on March 31, 2020. The FAA requires that small unmanned
aircraft accidents be reported to the FAA if they result in injury or
damage exceeding certain thresholds.

DATES: Written comments should be submitted by July 6, 2020.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Joseph K. Hemler, Jr., by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    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.
    OMB Control Number: 2120-0767.
    Title: Small Unmanned Aircraft Systems (sUAS) Accident Reporting.
    Form Numbers: N/A (web portal: https://faadronezone.faa.gov).
    Type of Review: Renewal.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on March 31, 2020 (85 FR 17941). 14 CFR part 107 requires
that a small unmanned aircraft accident be reported if it causes: (1)
Serious injury to any person or any loss of consciousness; or (2)
damage to any property, other than the small unmanned aircraft, unless
the cost of repair or fair market value in the event of total loss does
not exceed $500. The information collected by the FAA through its
DroneZone web portal, Flight Standards District Offices, or one of the
Regional Operations Centers or the Washington Operations Center for
each small UAS accident will be used to investigate and determine
regulatory compliance. In addition, the accident information will go
into the FAA aircraft accident database for safety analysis purposes by
the FAA Office of Accident Investigation and Analysis, pursuant to its
statutory safety mission. As is currently the case for manned aircraft
accidents, small UAS accident data will be made available to the public
and the National Transportation Safety Board (NTSB).
    Respondents: Approximately 35 per year.
    Frequency: On occasion.
    Estimated Average Burden per Response: 15 minutes.
    Estimated Total Annual Burden: 8.75 hours.

    Issued in Washington, DC, on June 1, 2020.
Dwayne C. Morris,
Project Manager, Flight Standards Service, General Aviation and
Commercial Division.
[FR Doc. 2020-12137 Filed 6-4-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Notices]
[Pages 25671-25672]
[FR Doc No: 2015-10425]

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DEPARTMENT OF COMMERCE

International Trade Administration

[Docket No. 150416372-5372-01]

DEPARTMENT OF STATE

DEPARTMENT OF TRANSPORTATION

Information on Claims Raised About State-Owned Airlines in Qatar
and the UAE

AGENCY: International Trade Administration, U.S. Department of
Commerce; Transportation Affairs, Bureau for Economic and Business
Affairs, U.S. Department of State; Office of Aviation and International
Affairs, U.S. Department of Transportation.

ACTION: Notice and request for comments.

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

SUMMARY: This notice announces that the Departments of Commerce, State,
and Transportation are interested in obtaining from interested
stakeholders information regarding their views on claims that three
foreign airlines--Emirates Airline, Etihad Airways, and Qatar Airways--
have received and are benefitting from subsidies from their homeland
governments that are distorting the global aviation market.

DATES: The comment period for this notice is now open and will remain
open for the foreseeable future. As explained below, however, anyone
interested in providing input to the Departments before they determine
what actions should be taken, if any, should submit information as soon
as practicable.

ADDRESSES: You may submit comments on this document via the Federal e-
Rulemaking Portal at http://www.regulations.gov. You may submit
comments in any (or all) of the three docket numbers open for comment:

 DOT-OST-2015-0082
 DOS-2015-0016
 DOC-2015-0001

FOR FURTHER INFORMATION CONTACT: Eugene Alford, Office of Supply Chain,
Professional & Business Services, International Trade Administration,
U.S. Department of Commerce (Phone:<PHONE_NUMBER> or Email:
Airservices@trade.gov). Robert Newsome, Transportation Affairs, Bureau
for Economic and Business Affairs, U.S. Department of State (Phone:
(202) 647-7540 or Email: newsomerc@state.gov). Reese Davidson, Office
of International Aviation, Office of Aviation and International
Affairs, U.S. Department of Transportation (Phone:<PHONE_NUMBER> or
Email: Reese.Davidson@dot.gov). Claire McKenna, Office of Operations,
Office of the General Counsel, U.S. Department of Transportation
(Phone:<PHONE_NUMBER> or Email: Claire.McKenna@dot.gov).

SUPPLEMENTARY INFORMATION:
    Background: The U.S. Departments of Commerce, State, and
Transportation are reviewing claims that three foreign airlines--
Emirates Airline, Etihad Airways, and Qatar Airways--have received and
are benefitting from subsidies from their respective governments of the
United Arab Emirates (UAE) and Qatar that are distorting the global
aviation market. The claims, which are asserted in a publicly available
report, are of significant interest to stakeholders and all three
Federal agencies. The U.S. government takes seriously the concerns
raised in the report and is interested in receiving insights and
feedback from stakeholders before any decisions are made regarding what
action, if any, should be taken. Accordingly, consistent with the Obama
Administration's Open Government Initiative and commitment to
transparency, public participation, and collaboration, the three
Departments are announcing the establishment of an open forum by which
any interested stakeholder may submit information regarding their views
on this subject and have access to such information submitted by other
interested stakeholders.
    Any interested person or group may submit information, responses to
existing materials, or any other analysis that they might wish to
provide the U.S. government on this subject on the www.regulations.gov
Web site. Each Department will have a corresponding number_listed
below_on www.regulations.gov, and all submissions will be reviewed
jointly by the interagency team.
    No provision has been made for submission of confidential material
to these dockets. The materials in the docket will not be edited to
remove identifying or contact information. The Departments caution
against including any information in an electronic submission that one
does not want publicly disclosed.
    All correspondence on this subject received by the Departments
after the issuance of this notice will be considered part of this
submission process and will be posted in www.regulations.gov for the
benefit of the public, unless the submitter has requested and been
granted confidential treatment of commercial information by the
Departments. To the extent allowed

by law, the Departments will protect trade secrets and confidential
commercial or financial information from disclosure, and will follow
their established procedures under the Freedom of Information Act,
Executive Order 12600, and the relevant Department regulations for
handling requests that seek disclosure of confidential business
information.
    Any stakeholder that has previously submitted letters on this
matter to the Departments can also submit such previous correspondence
to the www.regulations.gov Web site. All material posted will be deemed
to be public and freely accessible by any interested person.
    The three Departments encourage submissions to be made as soon as
practicable, as review of any new material submitted to the joint
docket is expected to begin by the end of May, to supplement the U.S.
government's ongoing review and evaluation of this matter.
    To submit a comment, please visit www.regulations.gov and enter one
of the below docket numbers in the search field:

 DOT-OST-2015-0082
 DOS-2015-0016
 DOC-2015-0001

    Dated: April 27, 2015.
Ted Dean,
Deputy Assistant Secretary for Services, Department of Commerce.
     Dated: April 27, 2015.
Thomas Engle,
Deputy Assistant Secretary for Transportation Affairs, Department of
State.
    Dated: April 29, 2015.
Brandon M. Belford,
Deputy Assistant Secretary for Aviation and International Affairs,
Department of Transportation.
[FR Doc. 2015-10425 Filed 5-4-15; 8:45 am]
 BILLING CODE 3510-DR-P


[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Notices]
[Page 66761]
[DOCID:fr16no06-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-19-000]

Southern Natural Gas Company; Notice of Application

November 9, 2006.
    Take notice that on October 30, 2006, Southern Natural Gas Company
(Southern), 1900 Fifth Avenue North, Birmingham, Alabama 35203, filed
an application in Docket No. CP07-19-000, pursuant to section 7(b) of
the Natural Gas Act for permission and approval to abandon, by removal,
the Olga Compressor Station (Olga Station), located offshore,
Louisiana, all as more fully set forth in the application which is on
file with the Commission and open for public inspection. This filing is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using

the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.
    Any questions regarding this Application should be directed Patrick
B. Pope, Vice President and General Counsel, Southern Natural Gas
Company, Post Office Box 2563, Birmingham, Alabama 35202-2563 at (205)
325-7126, or Patricia S. Francis, Senior Counsel, Southern Natural Gas
Company, Post Office Box 2563, Birmingham, Alabama 35202-2563 at (205)
325-7696.
    Southern states that due to severe damage following Hurricane
Katrina, it now seeks to abandon a total of 4,620 horsepower at its
Olga Station. Southern's Olga Station is located at Coquille Point off
of the Coquille Bay on Southern's Main Pass/Franklinton Loop Line,
offshore, Louisiana.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the below listed comment date, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: November 30, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-19359 Filed 11-15-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Notices]
[Pages 89441-89442]
[FR Doc No: 2023-28539]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3633-044]

KC Brighton LLC; Notice of Application for Surrender of License
Accepted for Filing, Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Surrender of License.
    b. Project No: 3633-044.
    c. Date Filed: December 29, 2022.
    d. Applicant: KC Brighton LLC.
    e. Name of Project: Brighton Project.
    f. Location: The project is located on the Patuxent River in Howard
and

Montgomery counties, Maryland. The project does not occupy any Federal
lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Jonathan DiCesare, Regulatory Manager, 10
Roberts Lane, Suite 201, Ridgefield, CT 06877,<PHONE_NUMBER>.
    i. FERC Contact: Diana Shannon,<PHONE_NUMBER>,
[email protected].
    j. Cooperating agencies: With this notice, the Commission is
inviting Federal, State, local, and Tribal agencies with jurisdiction
and/or special expertise with respect to environmental issues affected
by the proposal, that wish to cooperate in the preparation of any
environmental document, if applicable, to follow the instructions for
filing such requests described in item m below. Cooperating agencies
should note the Commission's policy that agencies that cooperate in the
preparation of any environmental document cannot also intervene. See 94
FERC ] 61,076 (2001).
    k. Deadline for filing comments, motions to intervene, and
protests: January 19, 2024.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, 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 protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-3633-044. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    l. Description of Request: During relicensing consultation with
interested parties which began in 2020, the licensee determined that
the cost of relicensing the project, as well as anticipated mitigation
measures, would render the project uneconomic. Thus, the licensee
proposes to surrender its license. The licensee proposes to remove all
generating equipment, including the equipment diverging from the main
penstocks including the turbine, generator, gate valve, and elbow for
each unit. The electrical conduit in the powerhouse, the motor
controllers, and the generation cables up to the interconnection point
would also be removed. Surrender activities would be confined to the
powerhouse. No changes to the dam, which is owned by Washington
Suburban Sanitary Commission (WSSC), are proposed. The primary use of
WSSC's dam and reservoir is to provide a water source to surrounding
counties. No changes to this water supply are proposed as part of
surrender. The licensee is not proposing any ground disturbing
activities or any changes to the environment in the project area.
    m. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    p. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.
    q. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: December 20, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-28539 Filed 12-26-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Notices]
[Pages 54684-54685]
[FR Doc No: 2022-19245]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record

communication and may request that the Commission place the prohibited
communication and responses thereto in the decisional record. The
Commission will grant such a request only when it determines that
fairness so requires. Any person identified below as having made a
prohibited off-the-record communication shall serve the document on all
parties listed on the official service list for the applicable
proceeding in accordance with Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
                 Docket Nos.                    File date                  Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    1. CP21-57-000...........................    8/26/2022  FERC Staff.\1\
Exempt:
    1. CP16-116-000..........................    8/23/2022  U.S. Congress.\2\
    CP16-454-000.............................
    CP16-455-000.............................
----------------------------------------------------------------------------------------------------------------
\1\ Emailed comments dated 8/25/2022 from Cory Alperstein.
\2\ Congressmen Dan Crenshaw and Michael C. Burgess.

    Dated: August 31, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-19245 Filed 9-6-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Notices]
[Pages 31440-31441]
[FR Doc No: 2015-13382]

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SECURITIES AND EXCHANGE COMMISSION

[Extension: Rule 17g-1; OMB Control No. 3235-0213, SEC File No. 270-
208]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100F Street NE., Washington, DC
20549-2736.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 350l-3520), the Securities and Exchange
Commission (the ``Commission'') has submitted to the Office of
Management and Budget a request for extension of the previously
approved collection of information discussed below.
    Rule 17g-1 (17 CFR 270.17g-1) under the Investment Company Act of
1940 (the ``Act'') (15 U.S.C. 80a-17(g)) governs the fidelity bonding
of officers and employees of registered management investment companies
(``funds'') and their advisers. Rule 17g-1 requires, in part, the
following:

Independent Directors' Approval

    The form and amount of the fidelity bond must be approved by a
majority of the fund's independent directors at least once annually,
and the amount of any premium paid by the fund for any ``joint insured
bond,'' covering multiple funds or certain affiliates, must be approved
by a majority of the fund's independent directors.

Terms and Provisions of the Bond

    The amount of the bond may not be less than the minimum amounts of
coverage set forth in a schedule based on the fund's gross assets. The
bond must provide that it shall not be cancelled, terminated, or
modified except upon 60-days written notice to the affected party and
to the Commission. In the case of a joint insured bond, 60-days written
notice must also be given to each fund covered by the bond. A joint
insured bond must

provide that the fidelity insurance company will provide all funds
covered by the bond with a copy of the agreement, a copy of any claim
on the bond, and notification of the terms of the settlement of any
claim prior to execution of that settlement. Finally, a fund that is
insured by a joint bond must enter into an agreement with all other
parties insured by the joint bond regarding recovery under the bond.

Filings With the Commission

    Upon the execution of a fidelity bond or any amendment thereto, a
fund must file with the Commission within 10 days: (i) A copy of the
executed bond or any amendment to the bond, (ii) the independent
directors' resolution approving the bond, and (iii) a statement as to
the period for which premiums have been paid on the bond. In the case
of a joint insured bond, a fund must also file: (i) A statement showing
the amount the fund would have been required to maintain under the rule
if it were insured under a single insured bond; and (ii) the agreement
between the fund and all other insured parties regarding recovery under
the bond. A fund must also notify the Commission in writing within five
days of any claim or settlement on a claim under the fidelity bond.

Notices to Directors

    A fund must notify by registered mail each member of its board of
directors of: (i) Any cancellation, termination, or modification of the
fidelity bond at least 45 days prior to the effective date; and (ii)
the filing or settlement of any claim under the fidelity bond when
notification is filed with the Commission.
    Rule 17g-1's independent directors' annual review requirements,
fidelity bond content requirements, joint bond agreement requirement,
and the required notices to directors are designed to ensure the safety
of fund assets against losses due to the conduct of persons who may
obtain access to those assets. These requirements also seek to
facilitate oversight of a fund's fidelity bond. The rule's required
filings with the Commission are designed to assist the Commission in
monitoring funds' compliance with the fidelity bond requirements.
    Based on conversations with representatives in the fund industry,
the Commission staff estimates that for each of the estimated 3,319
active funds (respondents),\1\ the average annual paperwork burden
associated with rule 17g-1's requirements is two hours, one hour each
for a compliance attorney and the board of directors as a whole. The
time spent by a compliance attorney includes time spent filing reports
with the Commission for fidelity losses (if any) as well as paperwork
associated with any notices to directors, and managing any updates to
the bond and the joint agreement (if one exists). The time spent by the
board of directors as a whole includes any time spent initially
establishing the bond, as well as time spent on annual updates and
approvals. The Commission staff therefore estimates the total ongoing
paperwork burden hours per year for all funds required by rule 17g-1 to
be 6,638 hours (3,319 funds x 2 hours = 6,638 hours).
---------------------------------------------------------------------------

    \1\ Based on statistics compiled by Commission staff, we
estimate that there are approximately 3,319 funds that must comply
with the collections of information under rule 17g-1 and have made a
filing within the last 12 months.
---------------------------------------------------------------------------

    These estimates of average burden hours are made solely for the
purposes of the Paperwork Reduction Act. These estimates are not
derived from a comprehensive or even a representative survey or study
of Commission rules. The collection of information required by Rule
17g-1 is mandatory and will not be kept confidential. 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 control
number.
    The public may view the background documentation for this
information collection at the following Web site: www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549. Or, commenters
may send an email to<EMAIL_ADDRESS>Comments must be submitted
to OMB within 30 days of this notice.

    Dated: May 28, 2015.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-13382 Filed 6-1-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 24 (Thursday, February 5, 2015)]
[Notices]
[Pages 6515-6516]
[FR Doc No: 2015-02308]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2014-0335; FRL-9921-86]

Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has granted or denied emergency exemptions under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of
pesticides as listed in this notice. The exemptions or denials were
granted during the period July 1, 2014 to September 30, 2014 to control
unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed at the end of
the emergency exemption or denial.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2014-0335, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. Background

    EPA has granted or denied emergency exemptions to the following
State and Federal agencies. The emergency exemptions may take the
following form: Crisis, public health, quarantine, or specific. EPA has
also listed denied emergency exemption requests in this notice.
    Under FIFRA section 18 (7 U.S.C. 136p), EPA can authorize the use
of a pesticide when emergency conditions exist. Authorizations
(commonly called emergency exemptions) are granted to State and Federal
agencies and are of four types:
    1. A ``specific exemption'' authorizes use of a pesticide against
specific pests on a limited acreage in a particular

State. Most emergency exemptions are specific exemptions.
    2. ``Quarantine'' and ``public health'' exemptions are emergency
exemptions issued for quarantine or public health purposes. These are
rarely requested.
    3. A ``crisis exemption'' is initiated by a State or Federal agency
(and is confirmed by EPA) when there is insufficient time to request
and obtain EPA permission for use of a pesticide in an emergency.
    EPA may deny an emergency exemption: If the State or Federal agency
cannot demonstrate that an emergency exists, if the use poses
unacceptable risks to the environment, or if EPA cannot reach a
conclusion that the proposed pesticide use is likely to result in ``a
reasonable certainty of no harm'' to human health, including exposure
of residues of the pesticide to infants and children.
    If the emergency use of the pesticide on a food or feed commodity
would result in pesticide chemical residues, EPA establishes a time-
limited tolerance meeting the ``reasonable certainty of no harm
standard'' of the Federal Food, Drug, and Cosmetic Act (FFDCA).
    In this document: EPA identifies the State or Federal agency
granted the exemption or denial, the type of exemption, the pesticide
authorized and the pests, the crop or use for which authorized, and the
duration of the exemption. EPA also gives the Federal Register citation
for the time-limited tolerance, if any.

III. Emergency Exemptions and Denials

A. U.S. States and Territories

Arkansas
State Plant Board
    Specific Exemption: EPA authorized the use of sulfoxaflor on
sorghum to control sugarcane aphid; July 2, 2014 to October 31, 2014.
Colorado
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop
beta acids in beehives to control varroa mite; August 25, 2014 to
December 31, 2014.
Florida
Department of Agriculture and Consumer Services
    Specific Exemption: EPA authorized the use of clothianidin on
immature (3 to 5 years old) citrus trees to manage transmission of
Huanglongbing (HLB) disease vectored by the Asian citrus psyllid;
September 12, 2014 to October 31, 2014.
    Specific Exemption: EPA authorized the use of sulfoxaflor on
sorghum to control sugarcane aphid; September 24, 2014 to December 31,
2014.
Georgia
Department of Agriculture
    Specific Exemption: EPA authorized the use of sulfoxaflor on
sorghum to control sugarcane aphid; September 11, 2014 to November 30,
2014.
Idaho
Department of Agriculture
    Crisis Exemption: On July 31, 2014, for use of hexythiazox on sugar
beet to control two-spotted spider mites. This program ended on
September 30, 2014.
Missouri
Department of Agriculture
    Specific Exemption: EPA authorized the use of sulfoxaflor on
sorghum to control sugarcane aphid; September 11, 2014 to November 30,
2014.
New Jersey
Department of Environmental Protection
    Specific Exemption: EPA authorized the use of bifenthrin on apple,
peach, and nectarine to control the brown marmorated stinkbug; July 3,
2014 to October 15, 2014.
    Specific Exemption: EPA authorized the use of dinotefuran on pome
and stone fruit to control the brown marmorated stinkbug; July 3, 2014
to October 15, 2014.
Oregon
Department of Agriculture
    Specific Exemption: EPA authorized the use of fipronil on turnip
and rutabaga to control the cabbage maggot; July 7, 2014 to October 15,
2014. EPA authorized the use because available alternatives are not
suitable or do not provide adequate control to avoid significant
economic losses under the increasing pest populations with resistance
development suspected. Since this use has been requested for more than
5 years and an application for registration has not yet been received
by EPA, a Notice of Receipt with opportunity for public comment
published in the Federal Register, as required by 40 CFR 166.24, on
June 4, 2014 (79 FR 32282) (FRL-9910-88) with public comment period
closing on June 19, 2014.
    Crisis Exemption: On July 31, 2014, for use of hexythiazox on sugar
beet to control two-spotted spider mites. This program ended on
September 30, 2014.
Tennessee
Department of Agriculture
    Specific Exemption: EPA authorized the use of sulfoxaflor on
sorghum to control sugarcane aphid; August 18, 2014 to October 31,
2014.
    Specific Exemption: EPA authorized the use of potassium salt of hop
beta acids in beehives to control varroa mite; August 25, 2014 to
December 31, 2014.
Texas
Department of Agriculture
    Denial: On July 18, 2014, EPA denied the use of a pesticide product
containing the active ingredient propazine on cotton to control
glyphosate-resistant Palmer amaranth. This request was denied because
the Agency was unable to conclude that the proposed pesticide use is
likely to result in ``a reasonable certainty of no harm'' to human
health, including exposure of residues of the pesticide to infants and
children as required under the Food Quality Protection Act (FQPA).

    Authority: 7 U.S.C. 136 et seq.

    Dated: January 30, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-02308 Filed 2-4-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Pages 23119-23120]
[FR Doc No: 2012-9377]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0248]

Annual Marine Events in the Eighth Coast Guard District, Dauphin
Island Race; Mobile Bay; Mobile, AL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce Special Local Regulations for the
Dauphin Island Race in the Mobile Bay, Mobile, AL from 9 a.m. until 5
p.m. on April 28, 2012. This action is necessary for the safeguard of
participants and spectators, including all crews, vessels, and persons
on navigable waters during the Dauphin Island Race. During the
enforcement period, entry into, transiting or anchoring in the
regulated area is prohibited to all vessels not registered with the
sponsor as participants or official patrol vessels, unless specifically
authorized by the Captain of the Port (COTP) Mobile or the designated
Coast Guard Patrol Commander.

DATES: The regulations in 33 CFR 100.801 will be enforced from 9 a.m.
until 5 p.m. on April 28, 2012.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of enforcement, call or email LT Lenell J. Carson, Coast Guard Sector
Mobile, Waterways Division; telephone<PHONE_NUMBER> or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Special
Local Regulations for the annual Dauphin Island Race event listed in 33
CFR 100.801 (Table 1, VII. Sector Mobile, 150) on April 28,
2012 from 9 a.m. until 5 p.m.
    Under the provisions of 33 CFR 100.801, all persons and vessels not
registered with the sponsor as participants or official patrol vessels
are considered spectators. The ``official patrol vessels'' consist of
any Coast Guard, state or local law enforcement and sponsor provided
vessels assigned or approved by the Commander, Eighth Coast Guard
District, to patrol the event. Spectator vessels desiring to transit
the regulated area may do so only with prior approval of the Patrol
Commander and when so directed by that officer and will be operated at
slowest safe speed in a manner which will not endanger participants in
the event or any other

craft. No spectator shall anchor, block, loiter, or impede the through
transit of participants or official patrol vessels in the regulated
area during the effective dates and times, unless cleared for entry by
or through an official patrol vessel. The Patrol Commander may forbid
and control the movement of all vessels in the regulated area. When
hailed or signaled by an official patrol vessel, a vessel shall come to
an immediate stop and comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both. Any spectator vessel may anchor outside the regulated
area, but may not anchor in, block, or loiter in a navigable channel.
The Patrol Commander may terminate the event or the operation of any
vessel at any time it is deemed necessary for the protection of life or
property. The Patrol Commander will terminate enforcement of the
special regulations at the conclusion of the event.
    This notice is issued under authority of 33 CFR 100.35, 33 U.S.C.
1233, and 5 U.S.C. 552(a). In addition to this notice in the Federal
Register, the Coast Guard will provide the maritime community with
advance notification of this enforcement period via Local Notice to
Mariners and Marine Information Broadcasts.
    If the Captain of the Port Mobile or Patrol Commander determines
that the regulated area need not be enforced for the full duration
stated in this notice of enforcement, he or she may use a Broadcast
Notice to Mariners to grant general permission to enter the regulated
area.

    Dated: March 27, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-9377 Filed 4-17-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 11, 2006 (Volume 71, Number 132)]
[Notices]
[Page 39094]
[DOCID:fr11jy06-78]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Amendment of License andSoliciting
Comments, Motions To Intervene, and Protests

July 3, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amendment of license to upgrade the installed
capacity.
    b. Project No.: 2503-100.
    c. Date Filed: May 25, 2006.
    d. Applicant: Duke Power A Division of Duke Energy.
    e. Name of Project: Keowee-Toxaway.
    f. Location: The project is located on the Keowee River in Ocone
County, South Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Jeffery G. Lineberger, Manager Hydro
Licensing, Duke Energy Lake Services, EC12Q/PO Box 1006, Charlotte, NC
28201-1006, Tel.<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Vedula Sarma at<PHONE_NUMBER> or<EMAIL_ADDRESS>    j. Deadline for filing comments and/or motions: July 31, 2006.
    k. Description of Filing: Duke Power A Division of Duke Energy
proposes to replace the existing runners of Units 3 and 4 of the
Jacosee Pumped Storage Development of the project. The project consists
of Jacosee and Keowee developments with a current authorized total
installed capacity of 769.5 megawatts (MW) and total hydraulic capacity
of 55,600 cfs. The proposed upgrade would increase the authorized
installed capacity of the Jacosee Development of the project from 612
MW to 662.5 MW, and the hydraulic capacity from 55,600 cfs to 57,900
cfs. The proposed changes would increase the project's total installed
capacity by 50.5 MW and its hydraulic capacity by 4.1 percent.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. You may
also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
call toll-free 1-866-208-3676 or e-mail<EMAIL_ADDRESS>For
TTY, call<PHONE_NUMBER>. A copy is also available for inspection and
reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. All documents (original and eight copies)
should be filed with: Magalie R. Salas, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington DC 20426. A
copy of any motion to intervene must also be served upon each
representative of the Applicant specified in the particular
application.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link.

Magalie R. Salas,
Secretary.
[FR Doc. E6-10807 Filed 7-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Proposed Rules]
[Pages 12760-12761]
[FR Doc No: 2012-5002]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 366

[Docket No. RM11-12-000]

Availability of E-Tag Information to Commission Staff

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice providing for reply comments.

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

SUMMARY: On April 21, 2011, the Commission issued a Notice of Proposed
Rulemaking (76 FR 23516) proposing to require the Commission-certified
Electric Reliability Organization to make available to Commission
staff, on an ongoing basis, access to complete electronic tagging data
used to schedule the transmission of electric power in transmission
markets. The Commission is providing interested parties an opportunity
to file reply comments on the Notice of Proposed Rulemaking. These
reply comments may also address whether the Commission should require
entities that create e-Tags or distribute them for approval to provide
the Commission with viewing rights to the e-Tags.

DATES: Reply comments are due March 26, 2012.

ADDRESSES: You may submit reply comments, identified by Docket No.

RM11-12-000, by any of the following methods:
     Agency Web Site: http://www.ferc.gov. Documents created
electronically using word processing software should be filed in native
applications or print-to-PDF format and not in a scanned format.
     Mail/Hand Delivery: Commenters unable to file comments
electronically must mail or hand deliver an original of their comments
to: Federal Energy Regulatory Commission, Office of the Secretary, 888
First Street NE., Washington, DC 20426.

FOR FURTHER INFORMATION CONTACT:
Maria Vouras (Technical Information), Office of Enforcement, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426, Telephone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>Gary D. Cohen (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, Telephone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Notice Providing for Reply Comments

(February 23, 2012).
    On April 21, 2011, the Commission issued a Notice of Proposed
Rulemaking (NOPR) in the above-referenced proceeding \1\ proposing to
require the Commission-certified Electric Reliability Organization to
make available to Commission staff, on an ongoing basis, access to
complete electronic tagging data used to schedule the transmission of
electric power in wholesale markets. Initial comments on this NOPR were
due on June 29, 2011. The Commission is providing interested parties
with an opportunity to file reply comments on the NOPR. These reply
comments may also address whether the Commission should require
entities that create e-Tags or distribute them for approval to provide
the Commission with viewing rights to the e-Tags.
---------------------------------------------------------------------------

    \1\ Availability of E-Tag Information to Commission Staff, 135
FERC ] 61,052 (2011).
---------------------------------------------------------------------------

    By this notice, reply comments should be filed on or before March
26, 2012.

    Dated: February 23, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-5002 Filed 3-1-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Rules and Regulations]
[Pages 39583-39584]
[FR Doc No: 2018-17099]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0426; Airspace Docket No. 17-AEA-8]
RIN-2120-AA66

Establishment of Class E Airspace; Freeport, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface in Freeport, PA, to accommodate new area
navigation (RNAV) global positioning system (GPS) standard instrument
approach procedures serving McVille Airport. Controlled airspace is
necessary for the safety and management of instrument flight rules
(IFR) operations at this airport.

DATES: Effective 0901 UTC, November 8, 2018. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This proposed 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 establishes Class E airspace at McVille Airport,
Freeport, PA, to support IFR operations in standard instrument approach
procedures at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 22888, May 17, 2018) for Docket No. FAA-2017-0426 to
establish Class E airspace extending upward from 700 feet above the
surface within a 7.6-mile radius of McVille Airport, Freeport, PA.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B dated August 3, 2017, and effective September 15,
2017, which

is incorporated by reference in 14 CFR part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface within a 7.6-mile radius of McVille Airport,
Freeport, PA, providing the controlled airspace required to support the
new RNAV (GPS) standard instrument approach procedures. These changes
are necessary for continued safety and management of IFR operations at
the airport.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017,
effective September 15, 2017, is amended as follows:

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

* * * * *

AEA PA E5 Freeport, PA [New]

McVille Airport, PA
    (Lat. 40[deg]44'04'' N, long. 79[deg]35'44'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.6-mile radius of McVille Airport.

    Issued in College Park, Georgia, on July 31, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-17099 Filed 8-9-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Page 72503]
[FR Doc No: 2023-23185]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4707-DR; Docket ID FEMA-2023-0001]

Hoopa Valley Tribe; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
Hoopa Valley Tribe (FEMA-4707-DR), dated April 25, 2023, and related
determinations.

DATES: This amendment was issued September 21, 2023.

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 21, 2023, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''), in a letter to Deanne
Criswell, Administrator, Federal Emergency Management Agency,
Department of Homeland Security, under Executive Order 12148, as
follows:

    I have determined that the damage to the lands associated with
the Hoopa Valley Tribe resulting from severe winter storms and
mudslides during the period of February 14 to March 5, 2023, is of
sufficient severity and magnitude that special cost sharing
arrangements are warranted regarding Federal funds provided under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act'').
    Therefore, I amend my declaration of April 25, 2023, to
authorize Federal funds for all categories of Public Assistance at
90 percent of total eligible costs.

    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.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-23185 Filed 10-19-23; 8:45 am]
BILLING CODE 9111-23-P