[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Pages 77175-77177]
[FR Doc No: 2013-30272]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30832; 812-14101]

Catalyst Capital Advisors LLC and Mutual Fund Series Trust;
Notice of Application

December 16, 2013.

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

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

SUMMARY: Summary of Application: Applicants request an order that would
permit them to enter into and materially amend subadvisory agreements
without shareholder approval.

APPLICANTS: Catalyst Capital Advisors LLC (``CCA'' or the ``Adviser'')
and Mutual Fund Series Trust (formerly Catalyst Funds) (the ``Trust'').

DATES: Filing Dates: The application was filed on December 7, 2012 and
amended on June 20, 2013 and November 12, 2013.

HEARING OR NOTIFICATION OF HEARING:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on January 10, 2014, and should be accompanied by proof of service
on the applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants:
Adviser, 22 High Street, Huntington, NY 11743 and the Trust, 4020 South
147th Street, Suite 2, Omaha, Nebraska 68137.

FOR FURTHER INFORMATION CONTACT: Jaea F. Hahn, Senior Counsel, at (202)
551-6970, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER> (Chief
Counsel's Office).

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

Applicants' Representations

    1. The Trust is organized as an Ohio business trust and is
registered as an open-end management investment company with multiple
series. Each series of the Trust has its own investment objective,
policies and restrictions, and each is managed by the Adviser and may
be managed by various subadvisers.\1\
---------------------------------------------------------------------------

    \1\ Applicants request relief with respect to any existing or
future series of the Trust and any other existing or future
registered open-end management investment company or series thereof
that (a) is advised by CCA, including any entity controlling,
controlled by or under common control with CCA or its successors
(included in the term ``Adviser''); (b) uses the manager-of-managers
structure described in the application (``Manager of Managers
Structure''); and (c) complies with the terms and conditions of the
application (each a ``Fund'' and together, the ``Funds''). The only
existing investment company that currently intends to rely on the
requested order is named as an applicant. For purposes of the
requested order, ``successor'' is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of organization.
---------------------------------------------------------------------------

    2. CCA is a New York limited liability company registered as an
investment adviser under the Investment Advisers Act of 1940
(``Advisers Act''). CCA provides investment management services to the
Funds under an investment advisory agreement with the Trust (the
``Advisory Agreement'').\2\ The terms of each Advisory Agreement comply
or will comply with section 15(a) of the Act. Each Advisory Agreement
was or will be approved by the board of trustees of the relevant Fund
(the board of trustees of any Fund, a ``Board''), including by a
majority of the trustees who are not ``interested persons'' (as defined
in section 2(a)(19) of the Act) of the Trust or Adviser (the
``Independent Trustees''), and by the shareholders of the respective
Fund in the manner required by sections 15(a) and (c) of the Act and
rule 18f-2 thereunder.\3\
---------------------------------------------------------------------------

    \2\ CCA or another Adviser will enter into substantially similar
investment advisory agreements to provide investment management
services to each future Fund (each included in the term ``Advisory
Agreement''). Each other Adviser will also be registered as an
investment adviser under the Advisers Act.
    \3\ Applicants are not seeking any exemptions with respect to
the Advisory Agreements.
---------------------------------------------------------------------------

    3. Under the terms of each Advisory Agreement, CCA is responsible
for the overall management of the business affairs of the Funds'
business affairs and selecting investments in accordance with the
Funds' respective investment objectives, policies and restrictions. For
the investment management services that it provides to the Funds, the
Adviser receives the fee specified in the Advisory Agreements. In
addition, pursuant to each Advisory Agreement, CCA may retain one or
more subadvisers for the purpose of managing all or a portion of the
assets of the Funds. Pursuant to this authority, the Adviser intends to
enter into subadvisory agreements with certain unaffiliated subadvisers
(``Subadvisers'', and such agreements, ``Subadvisory Agreements'') to
provide investment advisory services to the Funds. Each Subadviser to a
Fund will be an ``investment adviser'' as defined in section
2(a)(20)(B) of the Act and registered as an investment adviser under
the Advisers Act or not subject to such registration.\4\ The Adviser
will supervise and monitor the Subadvisers, allocate Fund assets to the
Subadvisers and periodically recommend to the

Board which Subadvisers should be retained or released. The Adviser
will compensate the Subadvisers for a Fund out of the advisory fees
that are paid to the Adviser under the applicable Advisory Agreement.
---------------------------------------------------------------------------

    \4\ If the name of any Fund contains the name of a Subadviser,
the name of the Adviser will precede the name of the Subadviser.
---------------------------------------------------------------------------

    4. Applicants request an order to permit the Adviser, subject to
Board approval, to select Subadvisers and enter into and materially
amend Subadvisory Agreements without obtaining shareholder approval.
The terms of the Subadvisory Agreements will comply fully with the
requirements of section 15(a) of the Act and the Subadvisory Agreements
will be approved by the Board, including a majority of the Independent
Trustees as required under section 15(a) and section 15(c) of the Act.
Each Fund's prospectus has contained or will contain, at all times
following the approval of the Manager of Managers Structure, the
disclosure required by condition 2 below.
    5. The requested relief will not extend to any subadviser that is
an affiliated person, as defined in section 2(a)(3) of the Act, of the
Trust, a Fund or the Adviser (other than by reason of serving as a
subadviser to one or more Funds) (``Affiliated Subadviser'').
    6. The Funds will inform shareholders of the hiring of a new
Subadviser pursuant to the following procedures (``Modified Notice and
Access Procedures''): (a) Within 90 days after a new Subadviser is
hired for any Fund, that Fund will send its shareholders either a
Multi-manager Notice or a Multi-manager Notice and Multi-manager
Information Statement; \5\ and (b) the Fund will make the Multi-manager
Information Statement available on the Web site identified in the
Multi-manager Notice no later than when the Multi-manager Notice (or
Multi-manager Notice and Multi-manager Information Statement) is first
sent to shareholders, and will maintain it on that Web site for at
least 90 days.
---------------------------------------------------------------------------

    \5\ The ``Multi-manager Notice'' will be modeled on a Notice of
Internet Availability as defined in rule 14a-16 under the Securities
Exchange Act of 1934 (``Exchange Act''), and specifically will,
among other things: (a) Summarize the relevant information regarding
the new Subadviser; (b) inform shareholders that the Multi-manager
Information Statement is available on a Web site; (c) provide the
Web site address; (d) state the time period during which the Multi-
manager Information Statement will remain available on that Web
site; (e) provide instructions for accessing and printing the Multi-
manager Information Statement; and (f) instruct the shareholder that
a paper or email copy of the Multi manager Information Statement may
be obtained, without charge, by contacting the Funds.
    A ``Multi-manager Information Statement'' will meet the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule
14A under the Exchange Act for an information statement. Multi-
manager Information Statements will be filed electronically with the
Commission via the EDGAR system.
---------------------------------------------------------------------------

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of securities in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants state that the requested relief meets this standard for
the reasons discussed below.
    3. Applicants assert that the shareholders are relying on the
Adviser's experience to select one or more Subadvisers best suited to
achieve a Fund's investment objectives. Applicants assert that, from
the perspective of the investor, the role of the Subadvisers is
comparable to that of the individual portfolio managers employed by the
Adviser. Applicants state that requiring shareholder approval of each
Subadvisory Agreement would impose costs and unnecessary delays on the
Funds, and may preclude the Adviser from acting promptly in a manner
considered advisable by the Board. Applicants note that the Advisory
Agreements and any subadvisory agreement with an Affiliated Subadviser
will remain subject to sections 15(a) and (c) of the Act and rule 18f-2
under the Act.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Fund may rely on the requested order, the operation of
the Fund in the manner described in the application will be approved by
a majority of the Fund's outstanding voting securities, as defined in
the Act, or in the case of a Fund whose public shareholders purchase
shares on the basis of a prospectus containing the disclosure
contemplated by condition 2 below, by the initial shareholder(s) before
offering shares of that Fund to the public.
    2. Each Fund relying on the requested order will disclose in its
prospectus the existence, substance, and effect of any order granted
pursuant to the application. Each Fund will hold itself out to the
public as utilizing the Manager of Managers Structure. The prospectus
will prominently disclose that the Adviser has ultimate responsibility
(subject to oversight by the Board) to oversee the Subadvisers and
recommend their hiring, termination, and replacement.
    3. Funds will inform shareholders of the hiring of a new Subadviser
within 90 days after the hiring of the new Subadviser pursuant to the
Modified Notice and Access Procedures.
    4. The Adviser will not enter into a subadvisory agreement with any
Affiliated Subadviser without such agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Fund.
    5. At all times, at least a majority of the Board will be
Independent Trustees, and the nomination of new or additional
Independent Trustees will be placed within the discretion of the then-
existing Independent Trustees.
    6. Whenever a subadviser change is proposed for a Fund with an
Affiliated Subadviser, the Board, including a majority of the
Independent Trustees, will make a separate finding, reflected in the
Board minutes, that such change is in the best interests of the Fund
and its shareholders, and does not involve a conflict of interest from
which the Adviser or the Affiliated Subadviser derives an inappropriate
advantage.
    7. The Adviser will provide general management services to each
Fund, including overall supervisory responsibility for the general
management and investment of each Fund's assets and, subject to review
and approval of the Board, will: (a) Set each Fund's overall investment
strategies; (b) evaluate, select and recommend Subadvisers to manage
all or a part of each Fund's assets; (c) allocate and, when
appropriate, reallocate each Fund's assets among one or more
Subadvisers; (d) monitor and evaluate the performance of Subadvisers;
and (e) implement procedures reasonably designed to ensure that the
Subadvisers comply with each Fund's investment objective, policies and
restrictions.
    8. No trustee or officer of the Trust or a Fund, or director,
manager, or officer of the Adviser, will own, directly or indirectly
(other than through a pooled investment vehicle that is not controlled
by such person), any interest in a

Subadviser, except for (a) ownership of interests in the Adviser or any
entity that controls, is controlled by, or is under common control with
the Adviser or (b) ownership of less than 1% of the outstanding
securities of any class of equity or debt of any publicly traded
company that is either a Subadviser or an entity that controls, is
controlled by, or is under common control with a Subadviser.
    9. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the application, the requested order will expire on the effective
date of that rule.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30272 Filed 12-19-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 49 (Tuesday, March 16, 2021)]
[Notices]
[Pages 14516-14518]
[FR Doc No: 2021-05328]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0224]

Controlled Substances and Alcohol Use and Testing: FirstGroup
plc. Application for Exemption From the Drug and Alcohol Clearinghouse
Pre-Employment Full Query

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that FirstGroup plc (FirstGroup) has applied
for an exemption on behalf of three of its subsidiaries, First Student,
Inc., First Transit, Inc., and First Mile Square, which employ
commercial driver's license (CDL) holders subject to drug and alcohol
testing. FirstGroup requests an exemption from the requirement that an
employer must conduct a full query of FMCSA's Drug and Alcohol
Clearinghouse (Clearinghouse) before employing a CDL holder to perform
safety-sensitive functions. Under the requested exemption, in lieu of a
full query, FirstGroup would conduct a limited pre-employment query of
the Clearinghouse. If the limited query indicated that information
about the driver existed in the Clearinghouse, FirstGroup would then
conduct a full query of the Clearinghouse, with the driver-applicant
providing consent in the Clearinghouse as required. In addition,
FirstGroup would conduct a second limited query within 30 to 35 days of
the initial limited query and conduct multiple limited queries on all
its CDL drivers each year thereafter.

DATES: Comments must be received on or before April 15, 2021.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2020-0224 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.

     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Each submission must include the Agency name and the docket number
for this notice (FMCSA-2020-0224). Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Dockets
Operations.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its regulatory exemptions
process. DOT posts these comments, without edit, including any personal
information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards;<PHONE_NUMBER><EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2020-0224), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2020-0224'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved absent the exemption (49 U.S.C 31315(b)(1)). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must specify the effective period (up to 5 years)
and explain the terms and conditions of the exemption. The exemption
may be renewed (49 CFR 381.300(b)).

III. Background

Current Regulation Requirements

    Under 49 CFR 382.701(a)(2) employers of CDL holders must not employ
a driver subject to the testing requirements of 49 CFR part 382 without
first conducting a pre-employment full query of the Clearinghouse. A
full query allows the employer to see any information that exists about
a driver in the Clearinghouse. An employer must obtain the driver's
specific consent, provided electronically through the Clearinghouse,
prior to the release of detailed information provided in response to
the full query.
    A limited query is permitted to satisfy the annual query
requirement in 49 CFR 382.701(b)(1), which pertains to currently
employed drivers. The limited query, conducted after obtaining the
driver's general consent, will tell the employer whether information
about the individual driver exists in the Clearinghouse but will not
release that information to the employer. General consent is obtained
and retained outside the Clearinghouse and may be in written or
electronic form. If the response to a limited query indicates there is
information about the driver in the Clearinghouse, the employer must
conduct a full query, after obtaining the driver's specific consent,
within 24 hours, as required by 49 CFR 382.701(b)(3).

Applicant's Request

    FirstGroup requests an exemption from the rule prohibiting an
employer from employing a driver subject to drug and alcohol testing
requirements to perform safety-sensitive functions without first
conducting a full query of the Clearinghouse. Under the requested
exemption, FirstGroup would, in lieu of a full query, conduct a limited
pre-employment query of the Clearinghouse before one of its members
employed a driver. If the limited query indicated that information
about the driver exists in the Clearinghouse, FirstGroup would then
conduct a full query of the Clearinghouse, with the driver applicant
providing consent in the Clearinghouse as required. In addition,
FirstGroup would conduct a second limited query within 30 to 35 days of
the initial query, would conduct quarterly limited queries on all its
CDL drivers for the first year of the exemption, and for years 2
through 5, would conduct semi-annual limited queries on all its CDL
drivers.
    FirstGroup believes the requirements of 49 CFR 382.701(a)(2) is
hindering its ability to hire at the speed and level needed to keep
pace with the demands of the contracted school and transit
transportation industry. FirstGroup also believes the exemption is
needed since the delays and administrative costs related to conducting
a full query during FirstGroup's driver hiring process is resulting in
hundreds of thousands of dollars of increased costs.

    A copy of FirstGroup's exemption application is included in the
docket referenced above.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on FirstGroup's application for an
exemption from Sec.  382.701(a)(2). All comments received before the
close of business on the comment closing date indicated at the
beginning of this notice will be considered and will be available for
examination in the docket at the location listed under the ADDRESSES
section of this notice. Comments received after the comment closing
date will be filed in the public docket and will be considered to the
extent practicable. In addition to late comments, FMCSA will continue
to file, in the public docket, relevant information that becomes
available after the comment closing date. Interested persons should
continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-05328 Filed 3-15-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: January 12, 2009 (Volume 74, Number 7)]
[Notices]
[Page 1212-1213]
[DOCID:fr12ja09-67]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF09-4021-000]

Southwestern Power Administration; Notice of Filing

January 6, 2009.
    Take notice that on December 22, 2008, the Acting Deputy Secretary,
U.S. Department of Energy, pursuant to the authority vested by the
Department of Energy's Delegation Order Nos. 00-001.00C and 00-037.00,
and by sections 302(a) and 301(b), 402(e), 641, 642, 643, and 644 of
the Department of Energy Organization Act (Pub. L. 95-91), submitted
for confirmation and approval on a final basis, Rate Order SWPA-60,
which increases the power rate for Sam Rayburn Dam pursuant to Rate
Schedule SRD-08, Wholesale Rates for Hydropower and Energy Sold to Sam
Rayburn Dam Electric Cooperative, Inc., (Contract No. DE-PM75-
92SW00215), effective January 1, 2009 through September 30, 2012.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 21, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-335 Filed 1-9-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Proposed Rules]
[Pages 22619-22621]
[FR Doc No: 2017-09848]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0335; Directorate Identifier 2017-NM-025-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This proposed AD was prompted by a report of cracks in the
upper aft skin of the right wing at certain fastener holes along the
rear spar upper chord. This proposed AD would require repetitive
inspections for cracking of the upper aft skin of the wings, and repair
if necessary. We are proposing this AD to address the unsafe condition
on these products.

DATES: We must receive comments on this proposed AD by July 3, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone
562-797-1717; Internet https://www.myboeingfleet.com. You may view this
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0335.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0335; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Payman Soltani, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5313; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2017-0335;
Directorate Identifier 2017-NM-025-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received a report indicating that cracks were found in the
upper aft skin of the right wing at fastener holes along the rear spar
upper chord at wing buttock line (WBL) 125 (crack length 0.045 inch)
and WBL 141 (crack length 0.060 inch). The cracks originated from
fastener holes in the upper aft skin and had not penetrated the
thickness of the skin. There were 68,100 total flight hours and 55,151
total flight cycles on the airplane. Several other reports of similar
crack findings were found on airplanes having between 48,220 and 57,543
total flight cycles. The root cause of the cracks is identified as the
braking loads, which introduce a high tension stress in the rear spar
upper chord and skin between the main landing gear beam and the side-
of-body for the rear spar chord. It was determined that the existing
inspection programs are not sufficient to find such cracks before they
grow to a critical length. The upper aft skin of both the left and
right wings are subject to such cracking. This condition, if not
corrected, could result in the inability of a principle structural
element to sustain limit load, and consequent reduced structural
integrity of the airplane.

Explanation of Applicability

    This NPRM applies to all Model 737-100, -200, -200C, -300, -400,
and -500 series airplanes, including some models that may have a limit
of validity (LOV). Model 737 airplanes having line numbers 1 through
291 have an LOV of 34,000 total flight cycles, and the actions in this
proposed AD, as specified in Boeing Alert Service Bulletin 737-57A1332,
dated January 3, 2017, would be required at a compliance time occurring
after reaching that LOV. Although operation of an airplane beyond its
LOV is prohibited by 14 CFR 121.1115 and 129.115, this proposed AD
would include those airplanes in the applicability so that those
airplanes are tracked in the event the LOV is extended in the future.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-57A1332, dated
January 3, 2017. The service information describes procedures for
repetitive detailed inspections of the upper aft skin of the wings for
cracking. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously. For information on the
procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0335.

Costs of Compliance

    We estimate that this proposed AD affects 471 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Repetitive inspections.........  5 work-hours x $85 per               $0  $425 per            $200,175 per
                                  hour = $425 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2017-0335; Directorate Identifier
2017-NM-025-AD.

(a) Comments Due Date

    We must receive comments by July 3, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company 737-100, -200, -200C,
-300, -400, and -500 series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57; Wings.

(e) Unsafe Condition

    This AD was prompted by a report of cracks in the upper aft skin
of the right wing at certain fastener holes along the rear spar
upper chord. We are issuing this AD to detect and correct cracks in
the upper aft skin of the wings, which could result in the inability
of a principle structural element to sustain limit load, and
consequent reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Group 2 Airplanes: Detailed Inspections and Repair

    For Group 2 airplanes identified in Boeing Alert Service
Bulletin 737-57A1332, dated January 3, 2017: At the applicable time
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 737-57A1332, dated January 3, 2017, except as required by
paragraph (i) of this AD, do a detailed inspection for cracking of
the upper aft skin of the wings from wing buttock line (WBL) 80 to
WBL 155, in accordance with Part 1 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-57A1332, dated
January 3, 2017. If any cracking is found, repair before further
flight in accordance with the procedures specified in paragraph (j)
of this AD. Although Boeing Alert Service Bulletin 737-57A1332,
dated January 3, 2017, specifies to contact Boeing for repair
instructions, and specifies that action as ``RC'' (Required for
Compliance), this AD requires repair as specified in this paragraph.
Repeat the inspection thereafter at the applicable time specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-57A1332, dated January 3, 2017.

(h) Group 1 Airplanes: Inspection and Corrective Action

    For airplanes identified as Group 1 in Boeing Alert Service
Bulletin 737-57A1332, dated January 3, 2017: Within 120 days after
the effective date of this AD, inspect for cracking of the upper aft
skin of the wings, and do all applicable corrective actions, using a
method approved in accordance with the procedures specified in
paragraph (j) of this AD.

(i) Exception to the Service Information

    Where Boeing Alert Service Bulletin 737-57A1332, dated January
3, 2017, specifies a compliance time ``after the original issue date
of this Service Bulletin,'' this AD requires compliance within the
specified compliance time after the effective date of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (k)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) Except as required by paragraph (g) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (j)(4)(i) and
(j)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    (1) For more information about this AD, contact Payman Soltani,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles
Aircraft Certification Office (ACO), 3960 Paramount Boulevard,
Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740;
telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on May 8, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-09848 Filed 5-16-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Rules and Regulations]
[Pages 6045-6046]
[FR Doc No: 2020-01165]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. FDA-2012-N-1210]

Food Labeling: Revision of the Nutrition and Supplement Facts
Labels; Small Entity Compliance Guide; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a guidance for industry entitled ``Food Labeling:
Revision of the Nutrition and Supplement Facts Labeling--Small Entity
Compliance Guide.'' The small entity compliance guide (SECG) is
intended to help small entities comply with a final rule we issued in
the Federal Register of May 27, 2016, entitled ``Food Labeling:
Revision of the Nutrition and Supplement Facts Labeling.''

DATES: The announcement of the guidance is published in the Federal
Register on February 4, 2020.

ADDRESSES: You may submit either electronic or written comments on FDA
guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2012-N-1210 for ``Food Labeling: Revision of the Nutrition and
Supplement Facts Labeling--Small Entity Compliance Guide.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in our
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information to be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the SECG to the Office
of Nutrition and Food Labeling, Center for Food Safety and Applied
Nutrition (HFS-800), Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740. Send two self-addressed adhesive labels to
assist that office in processing your request. See the SUPPLEMENTARY
INFORMATION section for electronic access to the SECG.

FOR FURTHER INFORMATION CONTACT: Blakeley Fitzpatrick, Center for Food
Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus
Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of May 27, 2016 (81 FR 33742), we issued a
final rule amending our labeling regulations for conventional foods and
dietary supplements to provide updated nutrition information on the
label to assist consumers in maintaining healthy dietary practices. The
final rule updates the list of nutrients that are required or permitted
to be declared; provides updated Daily Reference Values and Reference
Daily Intake values that are based on updated dietary recommendations
from consensus reports; amends requirements for foods represented or
purported to be specifically for children under the age of 4 years and
pregnant and lactating women and establishes nutrient reference values
specifically for these population subgroups; and revises the format and
appearance of the Nutrition Facts label. The final rule, which is
codified at 21 CFR 101.9, 101.30, and 101.36, became effective July 26,
2016, and set a compliance date of July 26, 2018, for manufacturers
with $10 million or more in annual food sales, and July 26, 2019, for
manufacturers

with less than $10 million in annual food sales. In the Federal
Register of May 4, 2018 (83 FR 19619), we published a final rule to
extend the compliance dates to January 1, 2020, for manufacturers with
$10 million or more in annual food sales, and January 1, 2021, for
manufacturers with less than $10 million in annual food sales.
    We examined the economic implications of the final rule as required
by the Regulatory Flexibility Act (5 U.S.C. 601-612) and determined
that the final rules on nutrition labeling, taken as a whole, will have
a significant economic impact on a substantial number of small
entities. In compliance with section 212 of the Small Business
Regulatory Enforcement Fairness Act (Pub. L. 104-121, as amended by
Pub. L. 110-28), we are making available the SECG to explain the
actions that a small entity must take to comply with the rule.
    We are issuing the SECG consistent with our good guidance practices
regulation (21 CFR 10.115(c)(2)). The SECG represents the current
thinking of FDA on this topic. It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

II. Paperwork Reduction Act of 1995

    The guidance refers to previously approved collections of
information found in FDA regulations. The collections of information in
Sec. Sec.  101.9, 101.30, and 101.36 have been approved under OMB
control number 0910-0813.

III. Electronic Access

    Persons with access to the internet may obtain the SECG at either
http://www.fda.gov/FoodGuidances or https://www.regulations.gov. Use
the FDA website listed in the previous sentence to find the most
current version of the guidance.

    Dated: January 21, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-01165 Filed 2-3-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17119-17121]
[FR Doc No: 2015-07258]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74577; File No. SR-ICEEU-2015-006]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to FATCA Requirements

March 25, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 13, 2015, ICE Clear Europe Limited (``ICE Clear Europe'' or
``Clearing House'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change described in Items I, II and
III below, which Items have been prepared by ICE Clear Europe. ICE
Clear Europe filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(4)(i) \4\ thereunder, so
that the proposed rule change was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(i).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The principal purpose of the proposed rule change is to amend the
ICE Clear Europe Finance Procedures in order to address certain
reporting and information requirements relating to Sections 1471
through 1474 of the U.S.

Internal Revenue Code \5\ and U.S. Treasury regulations and other
guidance thereunder (commonly known as the Foreign Account Tax
Compliance Act, or ``FATCA'') and related provisions under U.K. law and
similar legislation, regulations or guidance enacted in any
jurisdiction which seeks to implement similar tax reporting and/or
withholding tax regimes.
---------------------------------------------------------------------------

    \5\ 26 U.S.C. 1471-1474.
---------------------------------------------------------------------------

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

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

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

(i) Purpose
    The purpose of the proposed rule change is for ICE Clear Europe to
adopt amendments to its Finance Procedures in order to clarify certain
informational and tax form requirements applicable to its Clearing
Members in connection with FATCA (and other similar laws).
Specifically, the amendments add a new paragraph 6.1(j) to the Finance
Procedures, which states that Clearing Members are required to provide
to the Clearing House information, and to complete tax forms, as may be
required by the Clearing House in order to comply with its obligations
relating to FATCA, including obligations under intergovernmental
arrangements between U.K. and U.S. authorities with respect to FATCA
compliance and implementing regulations and guidance in the U.K. The
amendments also clarify that ICE Clear Europe's status under FATCA and
such agreements and implementing regulations (including ICE Clear
Europe's registration with the U.S. Internal Revenue Service for a
Global Intermediary Identification Number for FATCA reporting purposes)
is not intended to have any effect on ICE Clear Europe's status for the
purposes of any other applicable law, or any of the rights or
obligations of ICE Clear Europe or any Clearing Member or customer
provided for under the Rules and Procedures and relevant member
agreements.
(ii) Statutory Basis
    FATCA was enacted on March 18, 2010, as part of the Hiring
Incentives to Restore Employment Act, and became effective, subject to
transition rules, on January 1, 2013. The U.S. Treasury Department
finalized and issued various implementing regulations (``FATCA
Regulations'') \6\ on January 17, 2013. FATCA's intent is to curb tax
evasion by U.S. citizens and residents through their use of offshore
bank accounts. FATCA generally requires foreign financial institutions
(``FFIs'') \7\ to become ``participating FIs'' by entering into
agreements with the Internal Revenue Service (``IRS''), under which the
FFI is required to report to the IRS information on U.S. persons and
entities that have accounts with the FFI. Failure to enter into such an
agreement would result in withholding taxes on certain payments to the
FFI. As an alternative to FFIs entering into individual agreements with
the IRS, the U.S. Treasury Department provided another means of
complying with FATCA for FFIs which are resident in Non-U.S.
jurisdictions that enter into intergovernmental agreements (``IGAs'')
with the United States. Generally, such a jurisdiction (``FATCA
Partner'') would pass laws to eliminate the conflicts of law issues
that would otherwise make it difficult for FFIs in its jurisdiction to
collect the information required under FATCA and transfer this
information, directly or indirectly, to the United States. An FFI
resident in a FATCA Partner jurisdiction would be required to transmit
FATCA reporting to its local competent tax authority (which in turn
would transmit the information to the IRS), or the FFI would be
authorized or required to transmit FATCA reporting directly to the
IRS.\8\
---------------------------------------------------------------------------

    \6\ Regulations Relating to Information Reporting by Foreign
Financial Institutions and Withholding on Certain Payments to
Foreign Financial Institutions and Other Foreign Entities, 78 FR
5874 (Apr. 15, 2013).
    \7\ Non-U.S. financial institutions are referred to as ``foreign
financial institutions'' or ``FFIs'' in the FATCA Regulations.
    \8\ For a more complete discussion of the background of FATCA,
as well as certain rules and procedures previously adopted by ICE
Clear Europe relating to FATCA compliance, see Exchange Act Release
No. 34-70283 (August 29, 2013), 78 FR 54713 (Sept. 5, 2013) (File
No. SR-ICEEU-2013-08).
---------------------------------------------------------------------------

    The U.K. has entered into an IGA with the United States, and U.K.
tax authorities have adopted implementing regulations (and related
guidance) with respect to FATCA compliance for U.K. entities.\9\ Under
the U.K. implementing regulations and guidance, central counterparties
such as ICE Clear Europe may be treated as FFIs for purposes of FATCA
compliance. In connection with those regulations, and ICE Clear
Europe's potential obligations under them as a central counterparty,
ICE Clear Europe has proposed the amendments to the Finance Procedures
to require its Clearing Members to provide necessary information and
relevant tax forms to the Clearing House. In addition, for added
clarity and to avoid any potential legal uncertainty arising from the
treatment of central counterparties under the U.K. implementing
regulations for FATCA purposes, the amendments also provide that ICE
Clear Europe's FATCA status is not intended to otherwise affect its
status under other laws, or to affect the rights and obligations of the
Clearing House, its Clearing Members or other market participants.
---------------------------------------------------------------------------

    \9\ See International Tax Compliance (United States of America)
Regulations 2014 (SI 2014/1506); Implementation of The International
Tax Compliance (United States of America) Regulations 2014, HM
Revenue & Customs Guidance Notes (Aug. 28, 2014).
---------------------------------------------------------------------------

    ICE Clear Europe believes that the proposed rule change is
consistent with the requirements of Section 17A of the Securities
Exchange Act of 1934 (the ``Act'') \10\ and the regulations thereunder
applicable to it. Section 17A(b)(3)(F) of the Act \11\ requires, among
other things, that the rules of a clearing agency be designed to
promote the prompt and accurate clearance and settlement of securities
transactions and, to the extent applicable, derivative agreements,
contracts, and transactions, to assure the safeguarding of securities
and funds which are in the custody or control of the clearing agency or
for which it is responsible and to protect investors and the public
interest. Specifically, the proposed rule change is intended to
facilitate compliance by ICE Clear Europe with its potential
obligations under FATCA and under the related implementing regulations
and guidance in the U.K. and thus further the tax compliance goals of
the FATCA regime. In ICE Clear Europe's view, the amendments are
therefore consistent with the protection of investors and the public
interest, and the requirements of Section 17A(b)(3)(F) of the Act.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1.
    \11\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed rule change would
have any impact, or impose any burden, on

competition not necessary or appropriate in furtherance of the purpose
of the Act. The proposed rule change imposes certain informational
requirements on Clearing Members, in order to ensure that ICE Clear
Europe is in compliance with FATCA and implementing U.K. regulations
and guidance. The amendments would apply to all Clearing Members. ICE
Clear Europe does not believe that the amendments would adversely
affect the ability of Clearing Members or other market participants
generally to engage in cleared transactions or to access clearing,
adversely affect competition among Clearing Members, adversely affect
the market for clearing services or limit market participants' choices
for clearing transactions. To the extent that compliance with the
amendments will result in any additional cost for Clearing Member or
other market participants, ICE Clear Europe believes that such cost
results from the requirements mandated by FATCA and implementing
regulations. As a result, ICE Clear Europe does not believe that the
proposed amendments will impose any burden on competition not
appropriate in furtherance of the purposes of the Act.

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

    Written comments relating to the proposed rule change to the rules
have not been solicited or received. ICE Clear Europe will notify the
Commission of any written comments received by ICE Clear Europe.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(4)(i).\13\ At
any time within 60 days of the filing of the proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(4)(i).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2015-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2015-006. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available
for inspection and copying at the principal office of ICE Clear Europe
and on ICE Clear Europe's Web site at https://www.theice.com/clear-europe/regulation. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
ICEEU-2015-006 and should be submitted on or before April 21, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-07258 Filed 3-30-15; 8:45 am]
BILLING CODE 8011-01P


NOTE SUBJECT: Consultation with US Department of Transportation, Federal Highway Administration ( FHA)

TO: File FROM: Stephen Hoffman DATE: 1/ 27/ 06 The purpose of this note is to document consultation between USEPA and the US Department of Transportation regarding the use of chat in transportation projects funded wholly or in part by federal funds.

On August 16, 2005 I called Jason Harrington, Office of Pavement Technology, Federal Highway Administration to inform him that legislation had been signed that required EPA to develop criteria for the use of chat in transportation projects. Mr. Harrington requested a copy of the legislation which was emailed that day. Mr. Harrington suggested that EPA conduct an introductory briefing for FHA staff so they would have the opportunity to assist EPA in the development of the rule. A briefing for FHA was held at their offices on September 6, 2005 at which time EPA noted that the legislation required formal consultation with USDOT. It was decided at that time that Mr Harrington would serve as FHA liaison.

FHA has been contacted approximately once a month since September 2005 to discuss sources of highway construction specification and to identify other sources of pavement information. FHA has also assisted EPA by identifying ASHTO and ASTM standards commonly used for highway construction. Reference to those specifications can be found in the preamble.

To assure USDOT had adequate time to review critical elements of the proposal, a draft version of the proposal was sent to FHA in December 2005. Mr Harrington and I discussed key concerns that FHA had and those issues were reflected in later drafts fo the proposal.

FHA has provided routine information and support throughout the proposal process. OMB sought review from USDOT as part of their review.


[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Notices]
[Pages 69692-69693]
[FR Doc No: 2012-28060]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Guidance on Review and Approval of Public Charter Prospectuses

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Guidance on Review and Approval of Public Charter Prospectuses.

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

SUMMARY: The Department is publishing the following notice on new
policies affecting the review and approval of public charter filings
under 14 CFR Part 380 and related changes in the Department's
enforcement policies.

FOR FURTHER INFORMATION CONTACT: Nicholas Lowry, Attorney, Office of
Aviation Enforcement and Proceedings (C-70), 1200 New Jersey Ave. SE.,
Washington, DC 20590,<PHONE_NUMBER>.
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Washington, DC

Guidance on Review and Approval of Public Charter Prospectuses

Notice

    The abrupt cessation of service by the public charter operator,
Southern Sky Air & Tours, LLC d/b/a Direct Air, in March 2012, and its
subsequent bankruptcy, resulted in the cancellation of numerous charter
flights and disrupted the travel plans of thousands of consumers. In
light of the Direct Air collapse, the Office of International
Aviation's Special Authorities Division, in conjunction with the Office
of Aviation Enforcement and Proceedings (Enforcement Office), has
revised its policies regarding the review and approval of public
charter prospectuses filed under 14 CFR Part 380 and the related
enforcement policy.
    A number of practices followed by Direct Air may have exacerbated
consumer harm. Among these were Direct Air's contracting out of its
reservations process to a third party, and its entry into direct air
carrier contracts that were apparently limited to providing aircraft,
crew, maintenance and insurance (ACMI). The public charter operator
separately contracted on its own behalf directly with fuel suppliers
and perhaps ground handlers. In addition, the charter operator
collected consumer funds, accepting debit as well as credit card
payments, through a voucher program in which consumers paid in advance
for flights without selecting specific travel dates and without
entering into the formal operator-participant contracts required by
Part 380.
    In the future, pursuant to the public interest responsibilities we
have under 14 CFR 380.24, we will no longer approve public charter
prospectus filings that do not, as part of the filings, contain:
    (1) A statement, in addition to that required under section
380.28(a)(1)(iii), confirming that the contracts between the public
charter operator and the direct air carriers include the full cost of
the direct air service; that is, contracts between the tour operator
and the direct air carriers must be all-inclusive and cannot be ACMI
(i.e., fuel or ground handling cannot be addressed in separate
contracts between the public charter operator and a third-party
vendor); and
    (2) A statement that the public charter operator will retain direct
control of all passenger reservation records and will share those
records with the direct air carrier to ensure that, in the event of a
major disruption in the program as occurred with Direct Air, the direct
air carrier would be able to identify and contact tour participants
regarding returning flights, and to ensure that the charter operator
can fulfill its obligation to provide appropriate cancellation notices
to those with reservations more than 10 days in the future; if a public
charter operator contracts with a third-party for reservations service,
a duplicate, current copy of all reservations records must be
accessible to the tour operator at all times.
    In addition, to ensure that consumers not paying in cash receive
the protections of the Fair Credit Billing Act (15 U.S.C. 1601 et
seq.), public charter operators may accept payment, as the explicit
language of section 380.31 currently provides, only by credit card, but
not by debit card.\1\ The Department will consider exemptions to this
requirement provided it can be assured that debit card issuers, their
merchant

banks and credit card/debit card processors, will provide the same
chargeback protections to those using debit cards as credit card users
receive under the Fair Credit Billing Act.
---------------------------------------------------------------------------

    \1\ In a future rulemaking, the Department may address the use
of debit cards in purchasing charter air transportation.
---------------------------------------------------------------------------

    Finally, as a matter of enforcement policy, the Enforcement Office
will consider any voucher program such as that offered by Direct Air a
per se violation of 14 CFR Part 380, and if that office discovers such
a program it will pursue immediate enforcement action. A voucher
program that accepts consumer funds without the consumer entering into
a contract with specific flight dates is not the equivalent of the
operator-participant contract required under Part 380 and does not
provide protection of consumer funds under the escrow provisions of
section 380.34.
    This revised policy regarding approval of charter prospectuses will
take effect 30 days from the date of this notice. Prospectuses filed
after that date will not be accepted without the supplemental
statements, outlined above. The Enforcement Office intends to undertake
enforcement action, where appropriate, if it obtains evidence of
violations of commitments made in those statements, or of the
acceptance of debit purchases, or of sales initiatives such as the
voucher program described above. Questions regarding this notice may be
addressed to the Office of Aviation Enforcement and Proceedings (C-70),
1200 New Jersey Avenue SE., Washington, DC 20590.
    An electronic version of this document is available at http://www.regulations.gov

     Dated: November 13, 2012.
Paul L. Gretch,
Director, Office of International Aviation.

Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings.
[FR Doc. 2012-28060 Filed 11-19-12; 8:45 am]
BILLING CODE P


[Federal Register: October 4, 2006 (Volume 71, Number 192)]
[Notices]
[Page 58598-58599]
[DOCID:fr04oc06-55]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting
Comments, Motions to Intervene, and Protests

September 27, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No: 12739-000.
    c. Date Filed: September 18, 2006.
    d. Applicant: Fishers Island Tidal Energy Inc.
    e. Name of Project: Fisher Island Tidal Energy Project.
    f. Location: The proposed tidal project would be located on Long
Island Sound in Suffolk County, New York.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Mr. Kevin G. Lynch, Fishers Island Tidal
Energy Inc., 1037 Ashe Street, Davidsonville, MD 21035,<PHONE_NUMBER>.
    i. FERC Contact: Mr. Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing motions to intervene, protests and comments:
60 days from the issuance date of this notice.
    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. 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 under the ``e-Filing'' link. The Commission
strongly encourages electronic filings.

Please include the project number (P-12739-000) on any comments or
motions filed.
    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 in 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.
    k. Competing Application: Project No. 12732-000, Date Filed: August
29, 2006, Date Issued: September 19, 2006, Due Date: November 18, 2006.
    l. Description of Project: The proposed Tidal project would consist
of: (1) a proposed field of axial free flow turbines having a total
installed capacity ranging from 93 to 410 megawatts, (2) proposed
transmission line; and (3) appurtenant facilities. The project would
have an annual generation of 345 to 1540 gigawatt-hours.
    m. 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. 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.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    p. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    q. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    r. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    s. 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. 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.
    t. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
    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 under the ``e-Filing''
link. The Commission strongly encourages electronic filings
    u. 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.

Magalie R. Salas,
Secretary.
[FR Doc. E6-16345 Filed 10-3-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46983-46984]
[FR Doc No: 2015-19300]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2265-007; ER12-21-017; ER11-2211-006; ER11-
2209-006; ER11-2210-006; ER11-2207-006; ER11-2206-006; ER13-1150-004;
ER13-1151-004; ER10-2783-012; ER10-2784-012; ER11-2855-017; ER10-2791-
013; ER10-2333-006; ER10-2792-013; ER14-1818-007; ER12-1238-005; ER10-
2260-004; ER10-2261-004; ER10-2337-007; ER14-1668-004; ER14-1669-004;
ER14-1674-004; ER14-1670-004; ER14-1671-004; ER14-1675-004; ER14-1673-
004; ER14-1676-004; ER14-1677-004; ER14-1678-004; ER14-1679-004; ER14-
1672-004; ER10-2795-012; ER10-2798-012; ER10-1575-011; ER10-2339-009;
ER10-2338-009; ER10-2340-009; ER12-1239-005; ER10-2336-006; ER10-2335-
006; ER10-2799-012; ER10-2801-012; ER10-2385-006; ER11-3727-012; ER10-
2262-003; ER12-2413-011; ER11-2062-016; ER10-2346-007; ER10-2812-011;
ER10-1291-017; ER10-2843-010; ER11-2508-015; ER11-2863-009; ER11-4307-
016; ER10-2347-006; ER10-2348-005; ER12-1711-012; ER10-2350-006; ER10-
2846-012; ER12-261-015; ER10-3223-006; ER10-2351-006; ER10-2875-012;
ER10-2368-005; ER10-2352-006; ER10-2264-004; ER10-1581-014.
    Applicants: NRG Power Marketing LLC, Agua Caliente Solar, LLC, Alta
Wind I, LLC, Alta Wind II, LLC, Alta Wind III, LLC, Alta Wind IV, LLC,
Alta Wind V, LLC, Alta Wind X, LLC, Alta Wind XI, LLC, Arthur Kill
Power LLC, Astoria Gas Turbine Power LLC, Avenal Park LLC, Bayou Cove
Peaking Power, LLC, Bendwind, LLC, Big Cajun I Peaking Power LLC,
Boston Energy Trading and Marketing LLC, Broken Bow Wind, LLC, Cabrillo
Power I LLC, Cabrillo Power II LLC, CL Power Sales Eight, L.L.C.,
Community Wind North 1 LLC, Community Wind North 2 LLC, Community Wind
North 3 LLC, Community Wind North 5 LLC, Community Wind North 6 LLC,
Community Wind North 7 LLC, Community Wind North 8 LLC, Community Wind
North 9 LLC, Community Wind North 10 LLC, Community Wind North 11 LLC,
Community Wind North 13 LLC, Community Wind North 15 LLC, Conemaugh
Power LLC, Connecticut Jet Power LLC, Cottonwood Energy Company LP, CP
Power Sales Seventeen, L.L.C., CP Power Sales Nineteen, L.L.C., CP
Power Sales Twenty, L.L.C., Crofton Bluffs Wind, LLC, DeGreeff DP, LLC,
DeGreeffpa, LLC, Devon Power LLC, Dunkirk Power LLC, Elkhorn Ridge
Wind, LLC, El Segundo Energy Center LLC, El Segundo Power, LLC, Energy
Alternatives Wholesale, LLC, Energy Plus Holdings LLC, Forward
WindPower LLC, GenConn Devon LLC, GenConn Energy LLC, GenConn
Middletown LLC, GenOn Energy Management, LLC, GenOn Mid-Atlantic, LLC,
Green Mountain Energy Company, Groen Wind, LLC, High Lonesome Mesa,
LLC, High Plains Ranch II, LLC, Hillcrest Wind, LLC, Huntley Power LLC,
Independence Energy Group LLC, Indian River Power LLC, Jeffers Wind 20,
LLC, Keystone Power LLC, Laredo Ridge Wind, LLC, Larswind, LLC, Long
Beach Generation LLC, Long Beach Peakers LLC.
    Description: Notification of Change in Status of NRG Power
Marketing LLC, et al.
    Filed Date: 7/29/15.
    Accession Number: 20150729-5190.
    Comments Due: 5 p.m. ET 8/19/15.

    Docket Numbers: ER15-1020-001.
    Applicants: Rising Tree Wind Farm III LLC.
    Description: Notice of Non-Material Change in Status of Rising Tree
Wind Farm III LLC.
    Filed Date: 7/30/15.
    Accession Number: 20150730-5106.
    Comments Due: 5 p.m. ET 8/20/15.

    Docket Numbers: ER15-1650-001.
    Applicants: ISO New England Inc.
    Description: Compliance filing: Market Monitor Capacity Related
Revisions to be effective 6/1/2015.
    Filed Date: 7/30/15.
    Accession Number: 20150730-5096.
    Comments Due: 5 p.m. ET 8/20/15.

    Docket Numbers: ER15-2308-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Second Revised Service
Agreement No. 937; Queue Z2-108 (ISA) to be effective 6/30/2015.
    Filed Date: 7/30/15.
    Accession Number: 20150730-5095.
    Comments Due: 5 p.m. ET 8/20/15.

    Docket Numbers: ER15-2309-000.
    Applicants: PacifiCorp.

    Description: Section 205(d) Rate Filing: CPUD Construct Agmt ?
Merwin Sub to be effective 9/29/2015.
    Filed Date: 7/30/15.
    Accession Number: 20150730-5103.
    Comments Due: 5 p.m. ET 8/20/15.

    Docket Numbers: ER15-2310-000.
    Applicants: Nevada Power Company.
    Description: Section 205(d) Rate Filing: Rate Schedule No. 139 NPC
Amendments to be effective 9/29/2015.
    Filed Date: 7/30/15.
    Accession Number: 20150730-5110.
    Comments Due: 5 p.m. ET 8/20/15.

    Docket Numbers: ER15-2311-000.
    Applicants: Northern States Power Company, a Minnesota corporation.
    Description: Section 205(d) Rate Filing: 2015-7-30_JPZ Rev Alloc
Agrmt Amnd _304-NSP-0.3.0 to be effective 6/1/2015.
    Filed Date: 7/30/15.
    Accession Number: 20150730-5124.
    Comments Due: 5 p.m. ET 8/20/15.

    Docket Numbers: ER15-2312-000.
    Applicants: Arizona Public Service Company.
    Description: Section 205(d) Rate Filing: Service Agreement Nos. 218
and 335 Amended and Restated--Mead to be effective 7/1/2015.
    Filed Date: 7/30/15.
    Accession Number: 20150730-5148.
    Comments Due: 5 p.m. ET 8/20/15.

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

    Dated: July 30, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-19300 Filed 8-5-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Notices]
[Page 20971-20972]
[DOCID:fr06my09-95]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1834-DR; Docket ID FEMA-2008-0018]

Arkansas; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Arkansas (FEMA-1834-DR), dated April 27, 2009, and
related determinations.

DATES: Effective Date: April 28, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Arkansas is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of April 27, 2009.

    Ashley and Howard Counties for Public Assistance.
    Miller, Polk, and Sevier Counties for Public Assistance (already
designated for Individual Assistance).

(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.)

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. E9-10438 Filed 5-5-09; 8:45 am]

BILLING CODE 9111-23-P