                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on June 18, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-99-5749

________________________________________________________________________
__________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of     Delta Air Lines, Inc.      filed     6/4/2004   to:

XX Amend exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between the United States and Belize to be operated with Delta’s own
aircraft, and to integrate this authority with Delta’s existing
certificate and exemption authority.

Applicant rep:  Robert E. Cohn for Delta<PHONE_NUMBER>         DOT
Analyst:  Gerald Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX Granted, subject to conditions (see below).

The above action was effective when taken:  June 18, 2004   through
April 17, 2005  or until 90 days after final Department action on
Delta's corresponding certificate application in Docket OST-97-3218,
whichever occurs earlier.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is also consistent with the overall state of
aviation relations between the United States and Belize.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated: 		XX  Holder’s
certificates of public convenience and necessity

	XX  Standard Exemption Conditions (attached)

_________________________

Conditions:

The route integration authority granted is subject to the condition that
any service provided under the exemption shall be consistent with all
applicable agreements between the United States and the foreign
countries involved.  Furthermore, (a) nothing in the award of the route
integration authority requested should be construed as conferring upon
Delta rights (including fifth-freedom intermediate and/or beyond rights)
to serve markets where U.S. carrier entry is limited unless Delta
notifies us of its intent to serve such a market and unless and until
the Department has completed any necessary selection procedures to
determine which carrier(s) should be authorized to exercise such rights;
and (b) should there be a request by any carrier to use the
limited-entry route rights that are included in Delta’s authority by
virtue of the route integration exemption granted here, but that are not
then being used by Delta, the holding of such authority by route
integration will not be considered as providing any preference for Delta
in a competitive carrier selection proceeding to determine which
carrier(s) should be entitled to use the authority at issue.

Remarks:

We acted upon this application without awaiting expiration of the 15-day
answer period with the consent of all parties served.

________________________________________________________________________
____________________

On the basis of data officially noticeable under Rule 24(g) of the
Department regulations, we found the applicant qualified to provide the
services authorized.

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

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

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

at http://dms.dot.gov//reports/reports_ aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

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

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

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

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

  Delta currently holds exemption authority to provide service between
the United States and Belize under a code-share arrangement with Air
Jamaica.  The carrier here is requesting authority to provide such
service using its own aircraft.

  Delta proposes to offer initial service between Atlanta and Belize
City.

  Delta requested that this authority remain in effect through April 17,
2005, to be coextensive with its existing Belize code-share authority.

 PAGE

 PAGE   2


[Federal Register: November 12, 2009 (Volume 74, Number 217)]
[Notices]
[Page 58298-58299]
[DOCID:fr12no09-67]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0508]

Guidance for Industry on Registration and Product Listing for
Owners and Operators of Domestic Tobacco Product Establishments;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the guidance entitled ``Registration and Product
Listing for Owners and Operators of Domestic Tobacco Product
Establishments.'' The guidance document is intended to assist persons
making tobacco product establishment registration and product listing
submissions to FDA under the Family Smoking Prevention and Tobacco
Control Act (Tobacco Control Act).

DATES: Submit written or electronic comments on this guidance at any
time. General comments on agency guidance documents are welcome at any
time.

ADDRESSES: Submit written requests for single copies of the guidance
document entitled ``Registration and Product Listing for Owners and
Operators of Domestic Tobacco Product Establishments'' to the Center
for Tobacco Products, Food and Drug Administration, 9200 Corporate
Blvd., Rockville, MD 20850-3229. Send one self-addressed adhesive label
to assist that office in processing your request or include a fax
number to which the guidance document may be sent. See the
SUPPLEMENTARY INFORMATION section for information on electronic access
to the guidance document.
    Submit written comments on the guidance to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Submit electronic comments to http://
www.regulations.gov. Identify comments with the docket number found in
brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Michele Mital, Center for Tobacco
Products, Food and Drug Administration, 9200 Corporate Blvd.,
Rockville, MD 20850-3229,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of October 21, 2009 (74 FR 54052), FDA
announced the availability of a draft guidance document entitled
``Registration and Product Listing for Owners and Operators of Domestic
Tobacco Product Establishments.'' The agency considered received
comments as it finalized this guidance. This guidance document is
designed to assist domestic owners and operators with submitting
tobacco product establishment registration and tobacco product listing
information. Under section 905(b) of the Federal Food, Drug, and
Cosmetic Act (the act) (21 U.S.C. 387e(b)), added by the

Tobacco Control Act, every person who owns or operates any domestic
establishments engaged in the manufacture, preparation, compounding, or
processing of a regulated tobacco product must register with FDA by
December 31 of each year. Moreover, all registrants must at the time of
registration file with FDA a list of all tobacco products which are
being manufactured, prepared, compounded, or processed by that person
for commercial distribution, along with certain accompanying
information, including all labeling (see section 905(i)(1) of the act,
as added by the Tobacco Control Act).
    FDA does not intend to enforce the requirement to submit
registration and product listing information under section 905 of the
act by December 31, 2009, provided that the submission is received by
FDA on or before February 28, 2010. We recognize that the forms
developed by FDA are new to industry, and so may require additional
time to complete accurately. While electronic submission of
registration and listing information is not required, FDA is strongly
encouraging electronic submission to facilitate efficiency and
timeliness of data management and submission. FDA does recognize,
however, that electronic submission requires several additional steps,
such as obtaining an Electronic Submissions Gateway account and
becoming familiar with the eSubmitter electronic application. FDA
therefore believes that this additional time for the first submission
of this registration and listing information should result in
submission of higher quality information.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
agency's current thinking on ``Registration and Product Listing for
Owners and Operators of Domestic Tobacco Product Establishments.'' It
does not create or confer any rights for or on any person and does not
operate to bind FDA or the public. An alternative approach may be used
if such approach satisfies the requirements of the applicable statute
and regulations.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

IV. Paperwork Reduction Act of 1995

    This guidance contains information collection provisions that are
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collection of information in this guidance was approved under OMB
control number 0910-0650.

V. Electronic Access

    An electronic version of the guidance document is available on the
Internet at http://www.regulations.gov and http://www.fda.gov/
TobaccoProducts/GuidanceComplianceRegulatoryInformation/default.htm.

    Dated: November 6, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-27182 Filed 11-6-09; 4:15 pm]

BILLING CODE 4160-01-S


[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Notices]
[Pages 35825-35828]
[FR Doc No: 2014-14694]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72426; File No. SR-NASDAQ-2014-035]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Amendment No. 1 and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To
List and Trade Shares of the AdvisorShares Sunrise Global Multi-
Strategy ETF of AdvisorShares Trust

June 18, 2014.

I. Introduction

    On April 22, 2014, The NASDAQ Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to list and trade the shares
(``Shares'') of the AdvisorShares Sunrise Global Multi-Strategy ETF
(``Fund'') under Nasdaq Rule 5735. The proposed rule change was
published for comment in the Federal Register on May 7, 2014.\3\ The
Commission received no comments on the proposal. On June 5, 2014,
Nasdaq filed Amendment No. 1 to the proposal.\4\ The Commission is
publishing this notice to solicit comments on Amendment No. 1 from
interested persons and is approving the proposed rule change, as
modified by Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 72077 (May 1, 2014),
79 FR 26283 (May 7, 2014) (``Notice'').
    \4\ In Amendment No. 1, Nasdaq amended the proposed rule change
to: (1) Provide that over-the-counter options and structured notes
could be among the Fund's other investments, rather than among its
primary investments; (2) correct statements regarding the
availability of quotation and last-sale information for underlying
exchange traded equities, options, and futures; and (3) supplement
the information disclosed about the Fund's portfolio holdings,
stating: On a daily basis, the Fund will disclose on its Web site
the following information regarding each portfolio holding, as
applicable to the type of holding: Ticker symbol, CUSIP number or
other identifier, if any; a description of the holding (including
the type of holding); the identity of the security or other asset or
instrument underlying the holding, if any; for options, the option
strike price; quantity held (as measured by, for example, par value,
notional value or number of shares, contracts or units); maturity
date, if any; coupon rate, if any; effective date, if any; market
value of the holding; and the percentage weighting of the holding in
the Fund's portfolio.
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade the Shares under Nasdaq
Rule 5735, which governs the listing and trading of Managed Fund Shares
on the Exchange. The Shares will be offered by AdvisorShares Trust
(``Trust''). The Trust is registered with the Commission as an
investment company.\5\ The Fund is a series of the Trust.
---------------------------------------------------------------------------

    \5\ The Trust has filed a registration statement on Form N-1A
(``Registration Statement'') with the Commission. See Registration
Statement on Form N-1A for the Trust filed on October 9, 2013 (File
Nos. 333-157876 and 811-22110). In addition, the Commission has
issued an order granting certain exemptive relief to the Trust under
the 1940 Act. See Investment Company Act Release No. 28822 (July 20,
2009) (File No. 812-13677).
---------------------------------------------------------------------------

    AdvisorShares Investments, LLC will be the investment adviser
(``Adviser'') to the Fund. Sunrise Capital Partners LLC will be the
investment sub-adviser (``Sub-Adviser'') to the Fund. Foreside Fund
Services, LLC will be the principal underwriter and distributor of the
Fund's Shares. The Bank of New York Mellon will act as the
administrator, accounting agent, custodian, and transfer agent to the
Fund.
    The Exchange represents that neither the Adviser nor the Sub-
Adviser is a broker-dealer or affiliated with a broker-dealer.\6\ The
Exchange also represents that the Shares will be subject to Nasdaq Rule
5735, which sets forth the initial and continued listing criteria
applicable to Managed Fund Shares \7\ and that for initial and
continued listing, the Fund must be in compliance with Rule 10A-3 under
the Act.\8\ The Exchange has made the following representations and
statements describing the Fund and its investment strategy, including
portfolio holdings and investment restrictions.\9\
---------------------------------------------------------------------------

    \6\ See Notice supra note 3, 79 FR at 26284. The Exchange states
that in the event (a) the Adviser or the Sub-Adviser becomes newly
affiliated with a broker-dealer or registers as a broker-dealer, or
(b) any new adviser or sub-adviser is a registered broker-dealer or
becomes affiliated with a broker-dealer, it will implement a fire
wall with respect to its relevant personnel and/or such broker-
dealer affiliate, if applicable, regarding access to information
concerning the composition and/or changes to the portfolio and will
be subject to procedures designed to prevent the use and
dissemination of material non-public information regarding such
portfolio. See id.
    \7\ See id. at 26287.
    \8\ See 17 CFR 240.10A-3. See also Notice, supra note 3 at
26287.
    \9\ Additional information regarding the Trust, the Fund, and
the Shares, investment strategies, investment restrictions, risks,
net asset value (``NAV'') calculation, creation and redemption
procedures, fees, portfolio holdings, disclosure policies,
distributions, and taxes, among other information, is included in
the Notice and the Registration Statement, as applicable. See Notice
and Registration Statement, supra notes 3 and 5, respectively.

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

Principal Investments

    The Fund's investment objective will be to provide long-term total
returns by investing long and short in a variety of asset classes and
investment strategies. The Fund will seek to achieve its investment
objective by utilizing a diversified multi-asset strategy that invests
both long and short, in numerous global markets to gain diversified
exposure to equity securities and sectors. To obtain such exposure, the
Sub-Adviser will invest in exchange traded funds (``ETFs'') \10\ and
other exchange traded products (together with ETFs, ``ETPs''), as well
as U.S. treasuries, stock index futures, single stock futures, fixed
income futures, currencies and currency futures. To the extent that the
Fund invests in ETPs to gain exposure to a particular domestic or
global market, the Fund is considered, in part, a ``fund of funds.''
---------------------------------------------------------------------------

    \10\ While the Fund may invest in inverse ETFs, the Fund will
not invest in leveraged or inverse leveraged (e.g., 2X or -3X) ETFs.
See Notice, supra note 3, 79 FR at 26284, n.8.
---------------------------------------------------------------------------

    In seeking to achieve the Fund's investment objective, the Sub-
Adviser will employ a proprietary multi-technique strategy that
includes trend-following and momentum-utilizing trading methods,
pattern recognition methods, and mean reversion methods, among others.
The Fund's portfolio will vary greatly over time depending upon the
investment opportunities presented by trading models.
    The Fund may trade put and call options on securities, securities
indices and currencies. The Fund may purchase put and call options on
securities to protect against a decline in the market value of the
securities in its portfolio or to anticipate an increase in the market
value of securities that the Fund may seek to purchase in the future.
The Fund may write covered call options on securities as a means of
increasing the yield on its assets and as a means of providing limited
protection against decreases in its market value. The Fund may purchase
and write exchange-listed options.\11\
---------------------------------------------------------------------------

    \11\ See Amendment No. 1, supra note 4.
---------------------------------------------------------------------------

    The Fund may buy and sell futures contracts. The Fund will only
enter into futures contracts that are traded on a national futures
exchange regulated by the Commodities Futures Trading Commission.\12\
The Fund may use futures contracts and related options for bona fide
hedging; attempting to offset changes in the value of securities held
or expected to be acquired or be disposed of; attempting to gain
exposure to a particular market, index or instrument; or other risk
management purposes. The Fund may buy and sell index futures contracts
with respect to any index that is traded on a recognized exchange.
---------------------------------------------------------------------------

    \12\ See Notice, supra note 3, 79 FR at 26284.
---------------------------------------------------------------------------

    On a day-to-day basis, the Fund may hold U.S. government issued
securities, money market instruments,\13\ cash, other cash equivalents,
and ETPs that invest in these and other highly liquid instruments to
collateralize its derivative positions.
---------------------------------------------------------------------------

    \13\ The Fund also may invest in shares of money market mutual
funds to the extent permitted by the 1940 Act.
---------------------------------------------------------------------------

Other Investments

    The following investments will make up less than 20% of the Fund
assets under normal circumstances.
    The Fund may invest in certificates of deposit issued against funds
deposited in a bank or savings and loan association. In addition, the
Fund may invest in bankers' acceptances, which are short-term credit
instruments used to finance commercial transactions. The Fund may
purchase and write over-the-counter options.\14\
---------------------------------------------------------------------------

    \14\ See Amendment No. 1, supra note 4.
---------------------------------------------------------------------------

    The Fund also may invest in fixed time deposits, which are bank
obligations payable at a stated maturity date and bearing interest at a
fixed rate. Additionally, the Fund may invest in commercial paper rated
A-1 or A-2 by Standard and Poor's Rating Services or Prime-1 or Prime-2
by Moody's Investors Service, Inc. or, if unrated, judged by the
Adviser to be of comparable quality.
    The Fund may invest in exchange-traded equity securities, which
represent ownership interests in a company or partnership and consist
of common stocks, preferred stocks, warrants to acquire common stock,
securities convertible into common stock, and investments in master
limited partnerships.
    The Fund may invest in swap agreements, including, but not limited
to, total return swaps, index swaps, and interest rate swaps. If used,
swaps could be based on published and readily available reference
prices of global equity, currency, fixed income and commodity indices.
The Fund may utilize swap agreements in an attempt to gain exposure to
the securities in a market without actually purchasing those
securities, or to hedge a position. In seeking to establish a position
in such instruments, the Fund may use swaps based on published indices,
including international indices.
    The Fund may invest in structured notes, which are debt obligations
that also contain an embedded derivative component with characteristics
that adjust the obligation's risk/return profile.\15\ Generally, the
performance of a structured note will track that of the underlying debt
obligation and the derivative embedded within it. The Fund has the
right to receive periodic interest payments from the issuer of the
structured notes at an agreed-upon interest rate and a return of the
principal at the maturity date.
---------------------------------------------------------------------------

    \15\ See id.
---------------------------------------------------------------------------

Investment Restrictions

    The Fund will not purchase securities of open-end or closed-end
investment companies except in compliance with the 1940 Act.
    The Fund may invest up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment). The
Fund will monitor its portfolio liquidity on an ongoing basis to
determine whether, in light of current circumstances, an adequate level
of liquidity is being maintained, and will consider taking appropriate
steps in order to maintain adequate liquidity if, through a change in
values, net assets, or other circumstances, more than 15% of the Fund's
net assets are invested in illiquid assets. Illiquid assets include
securities subject to contractual or other restrictions on resale and
other instruments that lack readily available markets as determined in
accordance with Commission staff guidance.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the
requirements of Section 6 of the Act \16\ and the rules and regulations
thereunder applicable to a national securities exchange.\17\ In
particular, the Commission finds that the proposed rule change, as
modified by Amendment No. 1, is consistent with the requirements of
Section 6(b)(5) of the Act,\18\ which requires, among other things,
that the Exchange's rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market

and a national market system, and, in general, to protect investors and
the public interest. The Commission notes that the Fund and the Shares
must comply with the requirements of Nasdaq Rule 5735 to be listed and
traded on the Exchange.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78(f).
    \17\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\19\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information for the Shares will be available via Nasdaq
proprietary quote and trade services, as well as in accordance with the
Unlisted Trading Privileges and the Consolidated Tape Association plans
for the Shares.\20\ Quotation and last sale information for any
underlying exchange-traded equity will also be available via the quote
and trade service of their respective primary exchanges, as well as in
accordance with the Unlisted Trading Privileges and the Consolidated
Tape Association plans.\21\ Quotation and last sale information for any
underlying exchange-traded options will also be available via the quote
and trade service of their respective primary exchanges and through the
Options Price Reporting Authority.\22\ Quotation and last sale
information for any underlying exchange-traded futures contracts will
be available via the quote and trade service of their respective
primary exchanges.\23\ In addition, the Intraday Indicative Value (as
defined in Nasdaq Rule 5735(c)(3)) will be based upon the current value
of the components of the Disclosed Portfolio (as defined in Nasdaq Rule
5735(c)(2)), will be available on the NASDAQ OMX Information LLC
proprietary index data service,\24\ and will be updated and widely
disseminated and broadly displayed at least every 15 seconds during the
Regular Market Session.\25\ On each business day, before commencement
of trading in Shares in the Regular Market Session on the Exchange, the
Fund will disclose on its Web site the Disclosed Portfolio, which will
form the basis for the Fund's calculation of NAV at the end of the
business day.\26\ The NAV of the Fund will be determined once each
business day, normally as of the close of trading on the New York Stock
Exchange (normally 4:00 p.m. Eastern time).\27\ Information regarding
market price and volume of the Shares will be continually available on
a real-time basis throughout the day on brokers' computer screens and
other electronic services.\28\ Information regarding the previous day's
closing price and trading volume information for the Shares will be
published daily in the financial section of newspapers.\29\ Intra-day,
executable price quotations for the securities and other assets held by
the Fund will be available from major broker-dealer firms or on the
exchange on which they are traded, as applicable.\30\ Intra-day price
information will also be available through subscription services, such
as Bloomberg, Markit, and Thomson Reuters, which can be accessed by
authorized participants and other investors.\31\ The Fund's Web site
will include a form of the prospectus for the Fund and additional data
relating to NAV and other applicable quantitative information.\32\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \20\ See Notice, supra note 3, 79 FR at 26287.
    \21\ See Amendment No. 1, supra note 4
    \22\ See id.
    \23\ See id.
    \24\ The Exchange states that the NASDAQ OMX Global Index Data
Service is the NASDAQ OMX global index data feed service, and it
offers real-time updates, daily summary messages, and access to
widely followed indexes and Intraday Indicative Values for exchange-
traded funds. See Notice, supra note 3, 79 FR at 26287.
    \25\ See id.
    \26\ The Web site information will be publicly available at no
charge. See id.
    \27\ See id. at 26285.
    \28\ See id. at 26287.
    \29\ See id.
    \30\ See id.
    \31\ See id.
    \32\ See id. at 26289.
---------------------------------------------------------------------------

    Further, the Commission believes that the proposal to list and
trade the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation from the issuer of the Shares that the NAV will be
calculated daily and that the NAV and the Disclosed Portfolio will be
made available to all market participants at the same time.\33\
Further, trading in the Shares will be subject to Nasdaq 5735(d)(2)(D),
which sets forth circumstances under which trading in the Shares may be
halted.\34\ The Exchange may halt trading in the Shares if trading is
not occurring in the securities or the financial instruments
constituting the Disclosed Portfolio or if other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present.\35\ Further, the Commission notes that the
Reporting Authority that provides the Disclosed Portfolio must
implement and maintain, or be subject to, procedures designed to
prevent the use and dissemination of material, non-public information
regarding the actual components of the portfolio.\36\ The Exchange
states that it has a general policy prohibiting the distribution of
material, non-public information by its employees.\37\ The Exchange
states that neither the Adviser nor the Sub-Adviser is a broker-dealer
or affiliated with a broker-dealer. The Exchange also states that in
the event (a) the Adviser or the Sub-Adviser becomes newly affiliated
with a broker-dealer or registers as a broker-dealer, or (b) any new
adviser or sub-adviser is a registered broker-dealer or becomes
affiliated with a broker-dealer, it will implement a fire wall with
respect to its relevant personnel and/or such broker-dealer affiliate
regarding access to information concerning the composition of or
changes to the portfolio and will be subject to procedures designed to
prevent the use and dissemination of material, non-public information
regarding the portfolio.\38\
---------------------------------------------------------------------------

    \33\ See id. at 26287.
    \34\ See id.
    \35\ See id. See also Nasdaq Rule 5735(d)(2)(C) (providing
additional considerations for the suspension of trading in or
removal from listing of Managed Fund Shares on the Exchange). With
respect to trading halts, the Exchange may consider all relevant
factors in exercising its discretion to halt or suspend trading in
the Shares of the Fund. Nasdaq will halt or pause trading in the
Shares under the conditions specified in Nasdaq Rules 4120 and 4121,
including the trading pauses under Nasdaq Rules 4120(a)(11) and
(12). Trading also may be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the
Shares inadvisable. See Notice, supra note 3, 79 FR at 20267.
    \36\ See Nasdaq Rule 5735(d)(2)(B)(ii).
    \37\ See Notice, supra note 3, 79 FR at 26284.
    \38\ See supra note 6 and accompanying text.
---------------------------------------------------------------------------

    In support of this proposal, the Exchange has made representations,
including:
    (1) The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities.
    (2) The Shares will be subject to Nasdaq Rule 5735, which sets
forth the initial and continued listing criteria applicable to Managed
Fund Shares.
    (3) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (4) Prior to the commencement of trading, the Exchange will inform
its members in an Information Circular of the special characteristics
and risks associated with trading the Shares.

Specifically, the Information Circular will discuss the following: (a)
The procedures for purchases and redemptions of Shares in Creation
Units (and that Shares are not individually redeemable); (b) Nasdaq
Rule 2111A, which imposes suitability obligations on Nasdaq members
with respect to recommending transactions in the Shares to customers;
(c) how information regarding the Intraday Indicative Value is
disseminated; (d) the risks involved in trading the Shares during the
Pre-Market and Post-Market Sessions when an updated Intraday Indicative
Value will not be calculated or publicly disseminated; (e) the
requirement that members deliver a prospectus to investors purchasing
newly issued Shares prior to or concurrently with the confirmation of a
transaction; and (f) trading information.
    (5) Trading in the Shares will be subject to the existing trading
surveillances, administered by both Nasdaq and the Financial Industry
Regulatory Authority (``FINRA'') on behalf of the Exchange, which are
designed to detect violations of Exchange rules and applicable federal
securities laws, and these procedures are adequate to properly monitor
Exchange trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules and applicable federal securities
laws.
    (6) FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares and other exchange-traded securities
and instruments held by the Fund with other markets and other entities
that are members of the Intermarket Surveillance Group (``ISG'') \39\
and FINRA may obtain trading information regarding trading in the
Shares and exchange-traded securities and instruments held by the Fund
from such markets and other entities. In addition, the Exchange may
obtain information regarding trading in the Shares and exchange-traded
securities and instruments held by the Fund from markets and other
entities that are members of ISG, which includes all U.S. and some
foreign securities and futures exchanges, or with which the Exchange
has in place a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    \39\ For a list of the current members of ISG, see
www.isgportal.org.
---------------------------------------------------------------------------

    (7) For initial and continued listing, the Fund must be in
compliance with Rule 10A-3 under the Exchange Act.\40\
---------------------------------------------------------------------------

    \40\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (8) A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange.
    (9) The Fund may invest up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment); will
monitor its portfolio liquidity on an ongoing basis to determine
whether, in light of current circumstances, an adequate level of
liquidity is being maintained; and will consider taking appropriate
steps in order to maintain adequate liquidity if, through a change in
values, net assets, or other circumstances, more than 15% of the Fund's
net assets are invested in illiquid assets.

This approval order is based on all of the Exchange's representations
and description of the Fund, including those set forth above and in the
Notice.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning whether Amendment No. 1 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-NASDAQ-2014-035 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-NASDAQ-2014-035. 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 filing also will be available
for inspection and copying at the principal office of the Exchange. 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-NASDAQ-2014-035, and should
be submitted on or before July 15, 2014.

V. Accelerated Approval of Proposed Rule Change, as Modified by
Amendment No. 1

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 1, prior to the thirtieth day
after the date of publication of notice in the Federal Register. The
amendment makes certain corrections regarding the availability of price
information for certain exchange-listed portfolio components, lowers
the maximum portfolio weighting for OTC options and structured notes,
and provides for more robust disclosure regarding the portfolio
components. The Commission believes that these changes will improve the
ability of market participants to value the Shares. Accordingly, the
Commission finds good cause, pursuant to Section 19(b)(2) of the
Act,\41\ to approve the proposed rule change, as modified by Amendment
No. 1, on an accelerated basis.
---------------------------------------------------------------------------

    \41\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\42\ that the proposed rule change (SR-NASDAQ-2014-035), as
modified by Amendment No. 1, be, and it hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \42\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\43\
---------------------------------------------------------------------------

    \43\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-14694 Filed 6-23-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Notices]
[Page 49013]
[FR Doc No: 2021-18906]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2767-000]

Skipjack Solar Center, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Skipjack Solar Center, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 15, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: August 26, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-18906 Filed 8-31-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Proposed Rules]
[Pages 68415-68416]
[FR Doc No: 2022-24683]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2022-0866; FRL-10415-01-R1]

Air Plan Approval; New Hampshire; Approval of Single Source Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of New Hampshire. This revision establishes reasonably available
control technology (RACT) requirements for Fujifilm Dimatix
Incorporated located in Lebanon, NH. The intended effect of this action
is to propose approval of the state's order for this facility. This
action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before December 15,
2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2022-0866 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that, if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Michele Kosin, Physical Scientist, Air
Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts 02109-3912;<PHONE_NUMBER>;
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Description and Review of Submittals
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 26, 2021, the New Hampshire Air Resources Division (ARD)
submitted a revision to its State Implementation Plan. The revision
consists of an order establishing reasonably available control
technology (RACT) requirements for Fujifilm Dimatix, Inc.

II. Description and Review of Submittals

    On August 26, 2021, the New Hampshire ARD submitted to EPA as a SIP
revision request order RO-0006 establishing RACT requirements to limit
emissions of volatile organic compounds (VOCs) for Fujifilm Dimatix,
Inc. located in Lebanon, New Hampshire. Fujifilm Dimatix, Inc.
requested a source specific RACT order for VOCs for an adhesive process
as well as the use of emission reduction credits (ERCs) to offset the
gap between future actual emissions and allowable emissions. Fujifilm
Dimatix, Inc. uses adhesives that bond metal to metal substrates to
produce piezoelectric ink jet print heads and printing systems. The
request included a technical justification and an evaluation of capture
and control device technologies that were evaluated. Fujifilm Dimatix,
Inc. evaluated the feasibility of using an alternative adhesive and
add-on controls but could not find a suitable alternative coating or
cost-effective, technically feasible control technology. New Hampshire
reviewed and concurred with the facility's request, and on July 8,
2021, issued Order No. RO-0006 to the Fujifilm Dimatix, Inc. Order No.
RO-0006 includes a 12.2 tons per year cap for VOC emissions, a VOC
content limit for adhesives used by the facility, requirements for how
the adhesives shall be applied, work practice standards, and
recordkeeping and reporting requirements. Fujifilm Dimatix, Inc. will
continue to investigate alternative spray equipment technology and
employ good operating practices in order to minimize air emissions. We
are proposing approval of the order into the New Hampshire SIP because
it is consistent with CAA requirements for VOC RACT and with New
Hampshire's Env-A 1200, VOCs RACT regulation.

III. Proposed Action

    EPA is proposing to approve the New Hampshire SIP revision requests
as described above. The SIP revisions meet section 110(l) of the CAA
because the revisions will not interfere with any applicable
requirement concerning attainment and reasonable further process, or
any other applicable requirement of the CAA. EPA is soliciting public
comments on the issues discussed in this notice or on other relevant
matters. These comments will be considered before taking final action.
Interested parties may participate in the Federal rulemaking procedure
by submitting written comments to this proposed rule by following the
instructions listed in the ADDRESSES section of this Federal Register.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference RACT Order RO-0006, dated July 8, 2021, which establishes
RACT requirements for Fujifilm Dimatix, Inc. The EPA has made, and will
continue to make, these documents generally

available through https://www.regulations.gov and at the EPA Region 1
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: November 7, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-24683 Filed 11-14-22; 8:45 am]
BILLING CODE 6560-50-P


1. If the adviser disseminates advertisements by or through
third parties, what steps would the adviser expect to take in order
to comply with the proposed requirements for performance
advertising? [free text]
    (3) Use of testimonials, endorsements, and third-party ratings
in adviser advertisements.

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

-------------------------------------------------------------------------
Under our proposal:
     A testimonial generally means a statement of a client or
     investor's experience with the adviser.
     An endorsement generally means a statement by a person
     other than a client or investor indicating approval, support, or
     recommendation of the investment adviser.
     A third-party rating generally means a rating of an
     investment adviser provided by a third-party that provides such
     ratings in the ordinary course of its business.
    In addition to the conditions described below, under our proposal an
     adviser could not use a testimonial, endorsement, or third-party
     rating in an advertisement if it violates the proposed advertising
     rule's general prohibitions of certain advertising practices (e.g.,
     it could not include an untrue or misleading implication about a
     material fact relating to the investment adviser).
------------------------------------------------------------------------

     Testimonials and Endorsements in          Third-Party Ratings in
              Advertisements                       Advertisements
------------------------------------------------------------------------
Our proposed advertising rule would permit  Our proposed advertising
 investment advisers to use testimonials     rule would permit
 and endorsements only if:                   investment advisers to use
 They clearly and prominently        third-party ratings in
 disclose:                                   adviser advertisements,
[ssquf] That the statement was given by an   only if:
 investor (if a testimonial) or a non-       They contains
 investor (if an endorsement); and           disclosures similar to, and
[ssquf] That cash or non-cash compensation   in addition to, those
 has been provided by or on behalf of the    required for testimonials
 adviser in connection with the              and endorsements; and
 testimonial or endorsement, if              The adviser
 applicable.                                 reasonably believes that
                                             any questionnaire or survey
                                             used in the preparation of
                                             the third-party rating is
                                             structured to make it
                                             equally easy for a
                                             participant to provide
                                             favorable and unfavorable
                                             responses, and is not
                                             designed or prepared to
                                             produce any pre-determined
                                             results.
------------------------------------------------------------------------

    1. Does the adviser currently use endorsements and/or third-
party ratings in adviser advertisements? [Y/N]
    2. Do you anticipate that, if the proposed advertising rule is
adopted, the adviser would use testimonials, endorsements, or third-
party ratings in adviser advertisements? [Y/N]
    3. If an adviser advertises a testimonial, endorsement, or
third-party rating that is made available by a third-party (such as
on a third-party hosted website), what procedures would the adviser
implement to form a reasonable belief that the third-party includes
the required disclosures in the testimonials, endorsements, or
third-party ratings?
    4. If the adviser answered ``yes'' to either question 1 or 2,
approximately how much do you think it would cost the adviser, per
year on an initial and ongoing basis, to implement the proposed
requirements for testimonials, endorsements, and third-party ratings
(e.g., the required disclosures and the additional conditions for
using third-party ratings)? If applicable, include in your answer
the costs of forming a reasonable belief that any testimonial,
endorsement, or third-party rating in an adviser advertisement that
is made available by a third-party contains the required
disclosures.

                                                               Estimated Initial Cost ($)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Does not expect to
      $0-$5,000          $5,001-$10,000        $10,001-$50,000       $50,001-$100,000          >$100,001             advertise          Does not know
                                                                                performance  results
--------------------------------------------------------------------------------------------------------------------------------------------------------
              [ ]                   [ ]                   [ ]                   [ ]                    [ ]                   [ ]                  [ ]
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                           Estimated Ongoing Cost per Year ($)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Does not expect to
      $0-$5,000          $5,001-$10,000        $10,001-$50,000       $50,001-$100,000          >$100,001             advertise          Does not know
                                                                                performance  results
--------------------------------------------------------------------------------------------------------------------------------------------------------
              [ ]                   [ ]                   [ ]                   [ ]                    [ ]                   [ ]                  [ ]
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (4) Review and approval of advertisements.

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

-------------------------------------------------------------------------
The proposed advertising rule would generally require an adviser to
 designate an employee that would be required to review the adviser's
 advertisements before each advertisement is given to any client or
 investor. The following are exceptions to this requirement:

     Communications that are disseminated only to a single
     person or household or to a single investor in a pooled investment
     vehicle; or
     Live oral communications that are broadcast on radio,
     television, the internet, or any other similar medium.
------------------------------------------------------------------------

    1. Does the adviser already have internal policies and
procedures that require reviews of adviser advertisements? [Y/N]
    2. If so, who reviews the adviser's advertisements? (check all
that apply)

                                                   Personnel Who Have Reviewed Adviser Advertisements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                In-house
     In-house        Chief  compliance       In-house           In-house      business  analyst       In-house           Outside         Other  (please
    compliance            officer          attorney(s)         paralegal      and/or  portfolio      marketing        consultant  or       describe)
    employee(s)                                                                     manager          personnel      outside  attorney
--------------------------------------------------------------------------------------------------------------------------------------------------------
             [ ]                 [ ]                [ ]                [ ]                [ ]                [ ]                [ ]        [free text]
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. If the adviser answered ``yes'' to question 1, would the
adviser need to expand the scope of existing reviews as a result of
the proposed rule (e.g., so that the employee review process would
apply to advertisements emailed to more than 1 person)? [Y/N]
    4. Approximately how much do you think it would cost the
adviser, per year on an initial and ongoing basis, to comply with
the proposed employee review requirements (e.g., preparing,
adopting, implementing and overseeing any new or revised policies
and procedures for review of advertisements)?

                                           Estimated Initial Cost ($)
----------------------------------------------------------------------------------------------------------------
    $0-$25,000      $25,000-$50,000    $50,000-$100,000    $100,000-$500,000      >$500,000       Does not know
----------------------------------------------------------------------------------------------------------------
            [ ]                [ ]                 [ ]                 [ ]                [ ]               [ ]
----------------------------------------------------------------------------------------------------------------

                                       Estimated Ongoing Cost per Year ($)
----------------------------------------------------------------------------------------------------------------
    $0-$25,000      $25,000-$50,000    $50,000-$100,000    $100,000-$500,000      >$500,000       Does not know
----------------------------------------------------------------------------------------------------------------
            [ ]                [ ]                 [ ]                 [ ]                [ ]               [ ]
----------------------------------------------------------------------------------------------------------------

    5. If the adviser already has policies and procedures that
require reviews of adviser advertisements, would the adviser
designate a different employee or employees to review advertisements
under the proposed advertising rule? [Y/N]
    6. If the proposed advertising rule is adopted, which employee
or employees would the adviser designate to review the
advertisements?

                                                    Personnel Who Would Review Adviser Advertisements
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Same  personnel
  who  currently                                              Attorney(s)                        Business  analyst
      review            Compliance      Chief  compliance    (legal and/or        Paralegal      and/or  portfolio      Marketing        Other  (please
   advertisement        employee(s)           officer          compliance                              manager          personnel          describe)
    (see above)                                                attorney)
--------------------------------------------------------------------------------------------------------------------------------------------------------
             [ ]                 [ ]                [ ]                [ ]                [ ]                [ ]                [ ]        [free text]
--------------------------------------------------------------------------------------------------------------------------------------------------------

    7. If we were to require that the employee who reviews a firm's
advertisements be someone other than the employee who created the
advertisements, would the adviser be able to comply with the rule?
[Y/N]
    (5) Overall effect of proposed advertising rule on smaller
advisers.
    1. If the proposed advertising rule is adopted, which of the
following impacts do you think the amended rule would have on

your firm's advertising and related compliance budget?

__ No impact (budget would be unchanged)
__ Budget would be the same overall amount but allocated differently
__ Budget would be increased
__ Budget would be decreased
__ Don't know

    (6) General Information about the adviser's referral activities.
    1. Does the adviser, directly or indirectly, provide any person
compensation that is specifically related to obtaining advisory
clients? Do not include regular salaries paid to your employees. [Y/
N]
    2. If the adviser advises any private funds, does the adviser,
directly or indirectly, provide any person compensation that is
specifically related to obtaining investors in the firm's private
funds? Do not include regular salaries paid to your employees. [Y/N/
Adviser does not advise any private funds]
    3. If you answered ``yes'' to questions (1) or (2), who does the
adviser compensate for referrals (other than regular salary)? (Check
either or both)

__ The adviser compensates its own personnel
__ The adviser compensates a third-party

    4. If you answered ``yes'' to questions (1) or (2), does the
adviser pay cash compensation, non-cash compensation, or both? Non-
cash compensation can be, for example, gifts and sending business to
the adviser's solicitors (e.g., directing brokerage to brokers who
solicit for the adviser).

__ Cash compensation
__ Non-cash compensation

    5. If the adviser pays solicitors non-cash compensation, can the
adviser briefly describe the type of non-cash compensation? [free
text]
    6. If applicable, which of the below options best represents the
typical dollar amount or value of compensation paid per referral (in
cash or converted to cash equivalent)?

                                                 Estimated Cost
                                        [In dollar or equivalent amount]
----------------------------------------------------------------------------------------------------------------
                                                                             A percentage of
      $1-$20            $21-$100         $101-$1,000          >$1,001          assets under      Does not know
                                                                                management
----------------------------------------------------------------------------------------------------------------
            [ ]                [ ]                [ ]                [ ]                [ ]                [ ]
----------------------------------------------------------------------------------------------------------------

    (7) Questions about the proposed solicitation rule.

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

-------------------------------------------------------------------------
Under the proposed solicitation rule, an adviser that pays cash or non-
 cash compensation to a solicitor for investor referrals would be
 subject to the proposed rule's requirements, generally as follows:
     The adviser and solicitor must enter into a written
     agreement that describes the solicitation activities to be
     performed along with the terms of the compensation for the
     solicitation activities, and contains an undertaking by the
     solicitor to perform its duties under the agreement in a manner
     consistent with certain Advisers Act rules.
     The solicitor or the adviser must provide the client with a
     separate solicitor disclosure describing the solicitation
     arrangement and the solicitor's compensation.
     The adviser must oversee the solicitor's solicitation
     activities.
     The adviser may not hire a disqualified solicitor (a list
     of disqualifying misconduct is enumerated in the rule).
------------------------------------------------------------------------
The proposed solicitation rule would contain certain exemptions from
 most or all of the above for:
     An adviser's employees and other affiliates.
     Solicitors that refer client solely for impersonal
     investment advice.
     Solicitors that are provided de minimis compensation of
     $100 or less during a 12-month period.
     Solicitors that are nonprofit programs that satisfy certain
     conditions and disclosures under the proposed rule.
------------------------------------------------------------------------

    1. If the proposed solicitation rule were adopted, would the
adviser be required to enter into additional written agreements with
solicitors, given the proposed rule's expanded application to non-
cash compensation and compensated solicitations for private fund
investors?

__ The adviser would be required to enter into additional written
agreements with solicitors because of the proposed rule's new
inclusion of non-cash compensation
__ The adviser would be required to enter into additional written
agreements with solicitors because of the proposed rule's new
inclusion of compensation to solicitors of private fund investors
__ Both of the above
__ The adviser does not expect enter into any solicitation
arrangements that would be subject to the proposed rule

    2. If the proposed rule is adopted, does the adviser think that
it would use any of the proposed rule's exemptions? [Y/N]
    3. If yes, please check all that apply:

__ Exemption for compensation to an adviser's employees or other
affiliates
__ Exemption for compensation to solicitors that refer clients
solely for impersonal investment advice
__ Exemption for de minimis compensation to solicitors ($100 or less
during a 12-month period)
__ Exemption for compensation to solicitors that are nonprofit
programs

    4. Does the adviser currently have policies and procedures to
determine that a solicitor is not disqualified under the rule (e.g.,
the solicitor did not engage in the rule's enumerated misconduct),
and that the solicitor complies with the proposed rule's written
agreement requirements (including delivering the solicitor
disclosure)?
    5. If the adviser answered ``yes'' to question 4, what steps
does the adviser take to oversee its solicitors? (free text)
    6. What does the adviser expect the cost would be, per year on
an initial and ongoing basis, in order to comply with the proposed
solicitation rule's requirements (e.g., overseeing its solicitors,
overseeing any policies and procedures around solicitor
disqualification, entering into required written solicitation
agreements, preparing and delivering solicitor disclosures or
overseeing the solicitor's delivery of the disclosures, and tracking
the firm's use of any applicable exemptions)?

                                           Estimated Initial Cost ($)
----------------------------------------------------------------------------------------------------------------
      $0-$5,000            $5,001-$10,000        $10,001-$50,000            >$50,001            Does not know
----------------------------------------------------------------------------------------------------------------
              [ ]                    [ ]                    [ ]                    [ ]                    [ ]
----------------------------------------------------------------------------------------------------------------

                                       Estimated Ongoing Cost per Year ($)
----------------------------------------------------------------------------------------------------------------
      $0-$5,000            $5,001-$10,000        $10,001-$50,000            >$50,001            Does not know
----------------------------------------------------------------------------------------------------------------
              [ ]                    [ ]                    [ ]                    [ ]                    [ ]
----------------------------------------------------------------------------------------------------------------

    7. If the adviser anticipates that it would use employees or
other affiliates as compensated solicitors under the proposed rule,
does the adviser believe that the affiliation between the employee/
affiliate, on the one hand, and the adviser, on the other hand,
would be readily apparent to the solicited client or investor? [Y/N/
not applicable]
    8. If the adviser answered ``no'' to the previous question,
would it be impractical or difficult for the employee or affiliate
to disclose its affiliation with the adviser at the time of
solicitation? [Y/N/don't know] If yes, what practical difficulties
would arise? [free text]
    9. If the proposed amendments to the solicitation rule are
adopted, do you think your firm's solicitation or referral and
related compliance budget would be:

__ No impact (budget would be unchanged)
__ Budget would be the same overall amount but allocated differently
__ Budget would be increased
__ Budget would decreased
__ Don't know

    (8) Questions about the proposed amendments to the books and
records rule.

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

-------------------------------------------------------------------------
Advisers are currently required to make and keep certain books and
 records relating to their investment advisory businesses. Our proposal
 would update the recordkeeping rule to conform to the proposed changes
 to the advertising and solicitation rules, as follows:
     An adviser would be newly required to keep copies of
     advertisements to one or more persons (rather than to ten or more
     persons, as is generally required now).
     An adviser would be newly required to keep copies of
     written approvals of advertisements required under proposed
     advertising rule's employee review.
     An adviser that uses a third-party rating in any
     advertisement under the proposed rule would be newly required to
     retain copies of questionnaires or surveys used in preparation of
     the third-party rating.
     An adviser that compensates a solicitor under the proposed
     solicitation rule would no longer be required to keep written
     acknowledgments of each client's receipt of the solicitor
     disclosure, but would be newly required to keep certain records
     related to its belief that each solicitor has complied with the
     required written agreement.
     An adviser that compensates a nonprofit program under the
     proposed solicitation rule would be newly required to keep certain
     records relating to the nonprofit program.
     An adviser that compensates a solicitor under the proposed
     solicitation rule would be newly required to keep certain records
     related to its belief that any such solicitor is not disqualified
     under the proposed solicitation rule.
     An adviser that compensates a solicitor under the proposed
     solicitation rule would be newly required to keep records of the
     names of all solicitors that are employees or other affiliates.
------------------------------------------------------------------------

    1. Approximately how much do you think it would cost the
adviser, on an initial and ongoing basis, to comply with the
proposed amendments to the books and records rule?

                                           Estimated Initial Cost ($)
----------------------------------------------------------------------------------------------------------------
    $0-$1,000        $1,001-$5,000      $5,001-$10,000    $10,001-$15,000        >$15,001        Does not know
----------------------------------------------------------------------------------------------------------------
            [ ]                [ ]                [ ]                [ ]                [ ]                [ ]
----------------------------------------------------------------------------------------------------------------

                                       Estimated Ongoing Cost per Year ($)
----------------------------------------------------------------------------------------------------------------
    $0-$1,000        $1,001-$5,000      $5,001-$10,000    $10,001-$15,000        >$15,001        Does not know
----------------------------------------------------------------------------------------------------------------
            [ ]                [ ]                [ ]                [ ]                [ ]                [ ]
----------------------------------------------------------------------------------------------------------------

    2. Would complying with these proposed amendments to the books
and records rule be particularly difficult and/or present compliance
challenges? Please explain.
    (9) Additional overall feedback.
    1. Are there any less expensive alternatives to any of these
proposed requirements you can suggest that would still preserve the
proposed amendments' intended investor protection safeguards? [free
text]
    How to Submit Your Feedback:
    You can also send us feedback in the following ways (include the
file number S7-21-19 in your response):
    Print Your Responses and Mail: Secretary, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
    Submit a PDF of Your Responses and Email: Use this fillable PDF
form to fill out and click ``Submit Form'' when finished to email a
file to<EMAIL_ADDRESS>    Print a Blank Copy of this Flier, Fill it Out, and Mail:
Secretary, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-1090.
    We will post your feedback on our website. Your submission will
be posted without change; we do not redact or edit personal
identifying information from submissions. You should only make
submissions that you wish to make available publicly.
    Thank you!

[FR Doc. 2019-24651 Filed 12-9-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Page 26707]
[FR Doc No: 2020-09505]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4521-DR; Docket ID FEMA-2020-0001]

Nebraska; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Nebraska (FEMA-4521-DR), dated April 4, 2020,
and related determinations.

DATES: The declaration was issued April 4, 2020.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 4, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the emergency conditions in the State of
Nebraska resulting from the Coronavirus Disease 2019 (COVID-19)
pandemic beginning on January 20, 2020, and continuing, are of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Nebraska.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program throughout the
State. Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Paul Taylor, of FEMA is appointed to
act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Nebraska have been designated
as adversely affected by this major disaster:

    Emergency protective measures (Category B) not authorized under
other Federal statutes, including direct Federal assistance, under
the Public Assistance program at 75 percent federal funding for all
areas in the State of Nebraska.

(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.)

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-09505 Filed 5-4-20; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39432-39433]
[FR Doc No: 2018-17030]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC18-119-000.
    Applicants: NextEra Energy, Inc., 700 Universe, LLC, Southern
Company--Florida LLC, Oleander Power Project, Limited Partnership.
    Description: Errata to July 3, 2018 Joint Application for
Authorization Under Section 203 of the Federal Power Act of NextEra
Energy, Inc., et. al.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5046.
    Comments Due: 5 p.m. ET 9/4/18.

    Docket Numbers: EC18-131-000.
    Applicants: Oleander Power Project, Limited Partnership, Power
Holdings, LLC.
    Description: Application Under Section 203 of the Federal Power Act
of Oleander Power Project, et al.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5044.
    Comments Due: 5 p.m. ET 8/24/18.

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

    Docket Numbers: EG18-118-000.
    Applicants: Whalley Computer Associates, Inc.
    Description: Self-Certification of EG or FC of Whalley Computer
Associates, Inc.
    Filed Date: 8/2/18.
    Accession Number: 20180802-5109.
    Comments Due: 5 p.m. ET 8/23/18.

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

    Docket Numbers: ER18-1222-003.
    Applicants: PSEG Energy Resources & Trade LLC.
    Description: Compliance filing: Informational Filing KEC Effective
Date to be effective 7/4/2018.
    Filed Date: 8/2/18.
    Accession Number: 20180802-5018.
    Comments Due: 5 p.m. ET 8/23/18.

    Docket Numbers: ER18-2115-001.
    Applicants: Wisconsin Public Service Corporation.
    Description: Tariff Amendment: Amendment to Reactive Power Rate
Filing to be effective 10/1/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5068.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2118-000; ER18-2003-000;ER18-2066-000; ER18-
2067-000;ER18-1981-000; ER18-2032-000.
    Applicants: Armadillo Flats Wind Project, LLC, Lorenzo Wind, LLC,
Minco Wind IV, LLC, Minco Wind V, LLC, Pratt Wind, LLC, Wildcat Ranch
Wind Project, LLC.
    Description: Supplement to July 31, 2018 et al. Armadillo Flats
Wind Project, LLC tariff filing, et al.
    Filed Date: 8/1/18.
    Accession Number: 20180801-5195.
    Comments Due: 5 p.m. ET 8/22/18.

    Docket Numbers: ER18-2142-000.
    Applicants: Summer Solar LLC.
    Description: Sec.  205(d) Rate Filing: Shared Facilities Agreement
to be effective 8/16/2018.
    Filed Date: 8/2/18.
    Accession Number: 20180802-5099.
    Comments Due: 5 p.m. ET 8/23/18.

    Docket Numbers: ER18-2143-000.
    Applicants: Big Sky North, LLC.
    Description: Baseline eTariff Filing: Shared Facilities Agreement
to be effective 8/16/2018.
    Filed Date: 8/2/18.
    Accession Number: 20180802-5112.
    Comments Due: 5 p.m. ET 8/23/18.

    Docket Numbers: ER18-2145-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1067R9 East Texas Electric
Cooperative NITSA and NOA to be effective 1/1/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5043.

    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2146-000.
    Applicants: E. I. du Pont de Nemours and Company.
    Description: Sec.  205(d) Rate Filing: Revisions to Market-Based
Rate Tariff to be effective 10/3/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5067.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2147-000.
    Applicants: Bayshore Solar C, LLC.
    Description: Sec.  205(d) Rate Filing: Bayshore Solar C, LLC
Amended SFA to be effective 8/16/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5072.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2148-000.
    Applicants: Bayshore Solar A, LLC.
    Description: Sec.  205(d) Rate Filing: Bayshore Solar A, LLC
Amended SFA to be effective 8/16/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5074.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2149-000.
    Applicants: Bayshore Solar B, LLC.
    Description: Sec.  205(d) Rate Filing: Bayshore Solar B, LLC
Amended SFA to be effective 8/16/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5075.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2150-000.
    Applicants: Antelope Big Sky Ranch LLC.
    Description: Sec.  205(d) Rate Filing: Antelope Big Sky Ranch LLC
Amended SFA to be effective 8/16/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5081.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2151-000.
    Applicants: Antelope DSR 1, LLC.
    Description: Sec.  205(d) Rate Filing: Antelope DSR 1, LLC Amended
SFA to be effective 8/16/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5089.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2152-000.
    Applicants: Antelope DSR 2, LLC.
    Description: Sec.  205(d) Rate Filing: Antelope DSR 2, LLC Amended
SFA to be effective 8/16/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5093.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2153-000.
    Applicants: Antelope DSR 3, LLC.
    Description: Sec.  205(d) Rate Filing: Antelope DSR 3, LLC Amended
SFA to be effective 8/16/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5094.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2154-000.
    Applicants: Elevation Solar C LLC.
    Description: Sec.  205(d) Rate Filing: Elevation Solar C LLC
Amended SFA to be effective 8/16/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5095.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2155-000.
    Applicants: Solverde 1, LLC.
    Description: Sec.  205(d) Rate Filing: Solverde 1, LLC Amended SFA
to be effective 8/16/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5096.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2156-000.
    Applicants: Western Antelope Blue Sky Ranch B LLC.
    Description: Sec.  205(d) Rate Filing: Western Antelope Blue Sky
Ranch B LLC Amended SFA to be effective 8/16/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5097.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2157-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits ECSAs, SA Nos.
4969, 4970, 4973, 4974 to be effective 10/5/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5098.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2158-000.
    Applicants: Stillwater Wind, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authority to be effective 8/6/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5112.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2159-000.
    Applicants: Crazy Mountain Wind LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authority to be effective 8/6/2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5113.
    Comments Due: 5 p.m. ET 8/24/18.

    Docket Numbers: ER18-2160-000.
    Applicants: Wisconsin Power and Light Company.
    Description: Sec.  205(d) Rate Filing: Concurrence to WEPCo and WPL
Balancing Area Operations Coordination Agreement to be effective 10/2/
2018.
    Filed Date: 8/3/18.
    Accession Number: 20180803-5118.
    Comments Due: 5 p.m. ET 8/24/18.

    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: August 3, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-17030 Filed 8-8-18; 8:45 am]
 BILLING CODE 6717-01-P


Enclosure 1 1 Enclosure 1 State of California Initial Recommendations for Area Designations under the Federal PM2.5 Standard ( based on 2000 2002 monitoring data)

Recommended PM2.5 Nonattainment Areas in California Nonattainment Area 24 Hour Design Value* High Monitor ID and Location Annual Average Design Value* High Monitor ID and Location Areas Included 1. South Coast Air Basin 73 ID# 60658001 Rubidioux 28.9 ID# 60658001 Rubidioux Western Los Angeles ( including Catalina and San Clemente Islands), Orange,

Southwestern San Bernardino, and Western Riverside Counties 2. San Joaquin Valley Air Basin 90 ID# 61072002 Visalia 23.2 ID# 61072002 Visalia San Joaquin, Stanislaus, Merced,

Madera, Fresno, Kings, Tulare, and Western Kern Counties 3. San Diego County** 43 ID# 60730001 Chula Vista 16.4 ID# 60731002 Escondido San Diego County 4. Calexico** 50 ID# 60250005 Calexico 15.6 ID# 60250005 Calexico City of Calexico * The federal 24 hour standard is 65 ug/ m3. The federal annual average standard is 15.0 ug/ m3.

** Recommended nonattainment for the annual average standard only. Enclosure 1 2 Recommended PM2.5 Attainment Areas in California Attainment Area 24 Hour Design Value High Monitor ID and Location Annual Average Design Value High Monitor ID and Location Areas Included North Coast Air Basin 28 ID# 60450006 Ukiah 8.8 ID# 60231002 Eureka Del Norte, Humbolt, Trinity, Mendocino,

and Northern Sonoma Counties Shasta County 34 ID# 60890004 Redding 9.7 ID# 60890004 Redding Shasta County Butte County 60 ID# 60070002 Chico 14.6 ID# 60070002 Chico Butte County Colusa County 37 ID# 60111002 Colusa 10.4 ID# 60111002 Colusa Colusa County Calaveras County 26 ID# 60090001 San Andreas 9.0 ID# 60090001 San Andreas Calaveras County North Central Coast Air Basin 22 ID# 60531003 Salinas 8.6 ID# 60531003 Salinas Monterey, San Benito, and Santa Cruz Counties San Luis Obispo County 39 ID# 60798001 Atascadero 10.0 ID# 60792002 San Luis Obispo San Luis Obispo County Coachella Valley 26 ID# 60652002 Indio 11.8 ID# 60652002 Indio Portion of Riverside County Enclosure 1 3 Recommended PM2.5 Unclassifiable Areas in California Northeast Plateau Air Basin ( includes Siskiyou, Modoc, and Lassen Counties)

Tehama County Sierra County Plumas County Glenn County Lake County Sutter County Yuba County Nevada County Placer County El Dorado County Sacramento County Yolo County San Francisco Bay Area ( includes Marin, Southern Sonoma, Napa, Western Solano, Contra Costa, Alameda, Santa Clara,

San Francisco, and San Mateo Counties)

Amador County Tuolume County Mariposa County Santa Barbara County Great Basin Valleys Air Basin ( includes Alpine, Mono, and Inyo Counties)

Ventura County Mojave Desert Air Basin ( includes Eastern Kern County, Antelope Valley and Riverside County, excluding recommended Coachella Valley attainment area)

Imperial County ( excluding the recommended Calexico nonattainment area)