[Federal Register: December 30, 2005 (Volume 70, Number 250)]
[Notices]
[Page 77387-77389]
[DOCID:fr30de05-47]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0478; FRL-7742-8]

Ferbam Reregistration Eligibility Decision; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide ferbam, and opens a public
comment period on this document. The Agency's risk assessments and
other related documents also are available in the Ferbam Docket. Ferbam
is registered for use as a fungicide on citrus, pome and stone fruits,
cranberries, and tobacco. EPA has reviewed ferbam through the public
participation process that the Agency uses to involve the public in
developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.

ADDRESSES:  Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Amaris Johnson, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2004-0337. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

     An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
     Certain types of information will not be placed in the EPA
Dockets. Information claimed as CBI and other information whose
disclosure is restricted by statute, which is not included in the
official public docket, will not be available for public viewing in
EPA's electronic public docket. EPA's policy is that copyrighted
material will not be placed in EPA's electronic public docket but will
be available only in printed, paper form in the official public docket.
To the extent feasible, publicly available docket materials will be
made available in EPA's electronic public docket. When a document is
selected from the index list in EPA Dockets, the system will identify
whether the document is available for viewing in EPA's electronic
public docket. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in Unit I.B.1.
EPA intends to work towards providing electronic access to all of the
publicly available docket materials through EPA's electronic public
docket.
    For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
     Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

     You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.

    1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.

Once in the system, select ``search,'' and then key in docket ID number
OPP-2004-0337. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to<EMAIL_ADDRESS>
Attention: Docket ID Number OPP-2004-0337. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
     iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
     2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2004-0337.
     3.  By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
Number OPP-2004-0337. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

     Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
     In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that
support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a RED for the pesticide, ferbam under section 4(g)(2)(A)
of FIFRA. Ferbam is registered for use as a fungicide on citrus, pome
and stone fruits, cranberries, and tobacco. EPA has determined that the
data base to support reregistration is substantially complete and that
products containing ferbam are eligible for reregistration. Upon
submission of any required product-specific data under section
4(g)(2)(B) and any necessary changes to the registration and labeling
(either to address concerns identified in the RED or as a result of
product-specific data), EPA will make a final reregistration decision
under section 4(g)(2)(C) for products containing ferbam.
    EPA must review tolerances and tolerance exemptions that were in
effect when the Food Quality Protection Act was enacted in August 1996,
to ensure that these existing pesticide residue limits for food and
feed commodities meet the safety standard established by the new law.
Tolerances are considered reassessed once the safety finding has been
made or a revocation occurs. EPA has reviewed and made the requisite
safety finding for the ferbam tolerances included in this notice.
     EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of

risk, extent of use, complexity of issues, and degree of public concern
associated with each pesticide. Due to its limited use pattern and low
risks of concern, ferbam was reviewed through the modified 4-Phase
process. Through this process, EPA worked extensively with stakeholders
and the public to reach the regulatory decisions for ferbam.
     The reregistration program is being conducted under
Congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public. The Agency is
issuing the ferbam RED for public comment. This comment period is
intended to provide an additional opportunity for public input and a
mechanism for initiating any necessary amendments to the RED. For
ecological and worker protection, the Agency is prohibiting aerial
applications, requiring decreased rates and added personal protective
equipment for some uses. Comments on the feasibility of these
mitigation measures and/or benefits of ferbam use are requested. All
comments should be submitted using the methods in Unit I. of the
SUPPLEMENTARY INFORMATION, and must be received by EPA on or before the
closing date. These comments will become part of the Agency Docket for
ferbam. Comments received after the close of the comment period will be
marked ``late.'' EPA is not required to consider these late comments.
     The Agency will carefully consider all comments received by the
closing date and will provide a Response to Comments Memorandum in the
Docket and electronic EDOCKET. If any comment significantly affects the
document, EPA also will publish an amendment to the RED in the Federal
Register. In the absence of substantive comments requiring changes, the
ferbam RED will be implemented as it is now presented.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in
product-specific data on individual end-use products and either
reregistering products or taking other ``appropriate regulatory
action.''
     Section 408(q) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a(q), requires EPA to review tolerances and
exemptions for pesticide residues in effect as of August 2, 1996, to
determine whether the tolerance or exemption meets the requirements of
section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by
August 3, 2006.

List of Subjects

     Environmental protection, Pesticides and pests.

     December 19, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E5-8034 Filed 12-29-05; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: October 1, 2008 (Volume 73, Number 191)]
[Notices]
[Page 57163-57166]
[DOCID:fr01oc08-126]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28406; 812-13506]

Van Kampen Retirement Strategy Trust, et al.; Notice of
Application

September 25, 2008.
AGENCY: Securities and Exchange Commission (``Commission'').

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

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Summary of the Application: Applicants request an order that would
permit certain registered open-end management investment companies to
acquire shares of other registered open-end management investment
companies and unit investment trusts that are within and outside the
same group of investment companies.

Applicants: Van Kampen Retirement Strategy Trust (``VK Trust''), Van
Kampen Asset Management (``VKAM'' or ``Adviser'') and Morgan Stanley
Investment Management Limited (``MSIM Ltd.'').

Filing Dates: The application was filed on March 7, 2008 and amended on
September 19, 2008.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on October 16, 2008, and should be accompanied by proof of service
on applicants in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants: VK Trust and VKAM,
522 Fifth Avenue, New York, New York 10036; MSIM Ltd., 25 Bank Street,
Canary Wharf, London, United Kingdom E14 4AD.

FOR FURTHER INFORMATION CONTACT: Emerson S. Davis, Sr., Senior Counsel,
at<PHONE_NUMBER>, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Office of Investment Company Regulation, Division of Investment
Management).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Desk, 100 F Street, NE., Washington, DC
20549-0102 (telephone<PHONE_NUMBER>).

Applicants' Representations

    1. The VK Trust, organized as a Delaware statutory trust, is
registered under the Act as an open-end management investment company.
The VK Trust currently offers ten series, each with its own investment
objective and policies (the ``VK Funds'').\1\ The Adviser, a wholly-
owned subsidiary of Van Kampen Investments Inc., which is an indirect
wholly-owned subsidiary of Morgan Stanley, is registered as an
investment adviser under the Investment Advisers Act of 1940 (the
``Advisers Act''). The Adviser serves as the investment adviser to each
VK Fund. MSIM Ltd., a wholly-owned subsidiary of Morgan Stanley, is an
investment adviser registered under the Advisers Act and serves as
subadviser for certain VK Funds.
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    \1\ Applicants request that the order extend to any other
existing or future registered open-end management investment
companies and their series that are part of the same group of
investment companies, as defined in section 12(d)(1)(G) of the Act,
as VK Trust and are, or may in the future be, advised by the Adviser
or any existing or future entity controlling, controlled by, or
under common control with the Adviser. All entities that currently
intend to rely on the requested order are named as applicants and
any other entity that relies on the order in the future will comply
with the terms and conditions of the application.
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    2. Applicants request relief to permit certain VK Funds (each such
VK Fund, a ``Fund of Funds'') to invest in: (a) other VK Funds
(``Affiliated Underlying Funds''), and (b) registered open-end
management investment companies and registered unit investment trusts
(``UITs'') that are not part of the same ``group of investment
companies'' (as defined in section 12(d)(1)(G)(ii) of the Act) as the
VK Funds (``Unaffiliated Underlying Funds,'' and together with the
Affiliated Underlying Funds, the ``Underlying Funds''). The
Unaffiliated Underlying Funds may include UITs (``Unaffiliated
Trusts'') and open-end management investment companies (``Unaffiliated
Funds'') registered under the Act. The relief also would permit the
Underlying Funds, their principal underwriter and any broker or dealer
to sell the shares of the Underlying Funds to the Fund of Funds.
Certain of the Unaffiliated Underlying Funds may have received
exemptive relief to sell their shares on a national securities exchange
at negotiated prices (``ETFs''). Each Fund of Funds may also invest in
other securities and financial instruments that are not issued by
registered investment companies and which are consistent with its
investment objective. Applicants state that each Fund of Funds seeks to
provide, in a single investment vehicle, an asset allocation strategy
designed for investors planning to retire on or about a specific year
or to provide income for investors who have already retired.

Applicants' Legal Analysis

A. Section 12(d)(1)

    1. Section 12(d)(1)(A) of the Act prohibits a registered investment
company from acquiring shares of an investment company if the
securities represent more than 3% of the total outstanding voting stock
of the acquired company, more than 5% of the total assets of the
acquiring company, or, together with the securities of any other
investment companies, more than 10% of the total assets of the
acquiring company. Section 12(d)(1)(B) of the Act prohibits a
registered open-end investment company, its principal underwriter and
any broker or dealer from selling the shares of the investment company
to another investment company if the sale will cause the acquiring
company to own more than 3% of the acquired company's voting stock, or
if the sale will cause more than 10% of the acquired company's voting
stock to be owned by investment companies generally.

    2. Section 12(d)(1)(J) of the Act provides that the Commission may
exempt any person, security, or transaction, or any class or classes of
persons, securities or transactions, from any provision of section
12(d)(1) if the exemption is consistent with the public interest and
the protection of investors. Applicants seek an exemption under section
12(d)(1)(J) of the Act from the limitations of sections 12(d)(1)(A) and
(B) to the extent necessary to permit the Funds of Funds to acquire
shares of the Underlying Funds in excess of the limits set forth in
section 12(d)(1)(A) of the Act and to permit the Underlying Funds,
their principal underwriters and any broker or dealer to sell their
shares to the Funds of Funds in excess of the limits set forth in
section 12(d)(1)(B) of the Act.
    3. Applicants state that the proposed arrangement will not give
rise to the policy concerns underlying sections 12(d)(1)(A) and (B),
which include concerns about undue influence by a fund of funds or its
affiliated persons over underlying funds, excessive layering of fees,
and overly complex fund structures. Accordingly, applicants believe
that the requested exemption is consistent with the public interest and
the protection of investors.
    4. Applicants state that the proposed arrangement will not result
in undue influence by a Fund of Funds or its affiliated persons over
the Underlying Funds. The concern about undue influence does not arise
in connection with a Fund of Funds' investment in the Affiliated
Underlying Funds, since they are part of the same group of investment
companies. To limit the control that a Fund of Funds or its affiliated
persons may have over an Unaffiliated Underlying Fund, applicants
submit that: (a) The Adviser; any person controlling, controlled by or
under common control with the Adviser; and any investment company and
any issuer that would be an investment company but for section 3(c)(1)
or section 3(c)(7) of the Act advised or sponsored by the Adviser or
any person controlling, controlled by or under common control with the
Adviser (collectively, the ``Group''); and (b) MSIM Ltd. and any
investment adviser to a Fund of Funds that meets the definition in
section 2(a)(20)(B) of the Act (``Subadviser''); any person
controlling, controlled by or under common control with the Subadviser;
and any investment company and any issuer that would be an investment
company but for section 3(c)(1) or 3(c)(7) of the Act (or portion of
such investment company or issuer) advised or sponsored by the
Subadviser or any person controlling, controlled by or under common
control with the Subadviser (collectively, the ``Subadviser Group'')
will not control (individually or in the aggregate) an Unaffiliated
Underlying Fund within the meaning of section 2(a)(9) of the Act.
    5. Applicants also propose to prevent a Fund of Funds and its
affiliated entities from taking advantage of an Unaffiliated Underlying
Fund with respect to transactions between the entities by precluding a
Fund of Funds and its Adviser, Subadviser, promoter, principal
underwriter and any person controlling, controlled by or under common
control with any of these entities (each, a ``Fund of Funds
Affiliate'') from causing any existing or potential investment by the
Fund of Funds in an Unaffiliated Underlying Fund to influence the terms
of any services or transactions between the Fund of Funds or a Fund of
Funds Affiliate and the Unaffiliated Underlying Fund or its investment
adviser(s), sponsor, promoter, principal underwriter and any person
controlling, controlled by or under common control with any of these
entities (each, an ``Unaffiliated Underlying Fund Affiliate''). In
addition, no Fund of Funds or Fund of Funds Affiliate (except to the
extent it is acting in its capacity as an investment adviser to an
Unaffiliated Fund or sponsor to an Unaffiliated Trust) will cause an
Unaffiliated Underlying Fund to purchase a security in an offering of
securities during the existence of an underwriting or selling syndicate
of which a principal underwriter is an officer, director, member of an
advisory board, Adviser, Subadviser, or employee of the Fund of Funds,
or a person of which any such officer, director, member of an advisory
board, Adviser, Subadviser, or employee is an affiliated person (each,
an ``Underwriting Affiliate,'' except any person whose relationship to
the Unaffiliated Underlying Fund is covered by section 10(f) of the Act
is not an Underwriting Affiliate). An offering of securities during the
existence of an underwriting or selling syndicate of which a principal
underwriter is an Underwriting Affiliate is an ``Affiliated
Underwriting.''
    6. To further ensure that an Unaffiliated Fund understands the
implications of an investment by a Fund of Funds under the requested
order, prior to its investment in the shares of an Unaffiliated Fund in
excess of the limit in section 12(d)(1)(A)(i), a Fund of Funds and the
Unaffiliated Fund will execute an agreement stating, without
limitation, that their boards of directors or trustees and their
investment advisers understand the terms and conditions of the order
and agree to fulfill their responsibilities under the order
(``Participation Agreement''). Applicants note that an Unaffiliated
Underlying Fund (other than an ETF whose shares are purchased by a Fund
of Funds in the secondary market) will retain the right to reject any
investment by a Fund of Funds.\2\
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    \2\ An Unaffiliated Fund, including an ETF, would retain its
right to reject an initial investment by a Fund of Funds in excess
of the limit in section 12(d)(1)(A)(i) of the Act by declining to
execute the Participation Agreement.
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    7. Applicants do not believe that the proposed arrangement will
involve excessive layering of fees. With respect to investment advisory
fees, applicants state that, prior to approval of any investment
advisory contract under section 15 of the Act, the board of trustees
(``Board'') of each Fund of Funds, including a majority of the trustees
who are not ``interested persons,'' as defined in section 2(a)(19) of
the Act (``Disinterested Trustees''), will find that the advisory fees
charged under the advisory contract are based on services provided that
are in addition to, rather than duplicative of, services provided
pursuant to any Underlying Fund's advisory contract(s). Applicants
further state that the Adviser will waive fees otherwise payable to it
by the Fund of Funds in an amount at least equal to any compensation
(including fees received pursuant to a plan adopted by an Unaffiliated
Fund under rule 12b-1 under the Act) received by the Adviser or an
affiliated person of the Adviser from an Unaffiliated Underlying Fund,
other than any advisory fees paid to the Adviser or its affiliated
person by an Unaffiliated Fund, in connection with the investment by
the Fund of Funds in the Unaffiliated Underlying Fund.
    8. Applicants state that the proposed arrangement will not create
an overly complex fund structure. Applicants note that an Underlying
Fund will be prohibited from acquiring securities of any investment
company or company relying on section 3(c)(1) or 3(c)(7) of the Act in
excess of the limits contained in section 12(d)(1)(A), except to the
extent that such Underlying Fund: (a) Receives securities of another
investment company as a dividend or as a result of a plan of
reorganization of a company (other than a plan devised for the purpose
of evading section 12(d)(1) of the Act); or (b) acquires (or is deemed
to have acquired) securities of another investment company pursuant to
exemptive relief from the Commission permitting such Underlying Fund
to: (i) Acquire securities of one or more investment companies for
short-term cash management purposes, or (ii)

engage in interfund borrowing and lending transactions. Applicants also
represent that a Fund of Funds' prospectus and sales literature will
contain clear, concise, ``plain English'' disclosure designed to inform
investors of the unique characteristics of the proposed Fund of Funds
structure, including, but not limited to, its expense structure and the
additional expenses of investing in Underlying Funds.

B. Section 17(a)

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

    \3\ Applicants acknowledge that receipt of compensation by (a)
an affiliated person of a Fund of Funds, or an affiliated person of
such person, for the purchase by the Fund of Funds of shares of an
Underlying Fund or (b) an affiliated person of an Underlying Fund,
or an affiliated person of such person, for the sale by the
Underlying Fund of its shares to a Fund of Funds may be prohibited
by section 17(e)(1) of the Act. The Participation Agreement also
will include this acknowledgement.
    \4\ Applicants note that a Fund of Funds generally would
purchase and sell shares of an Unaffiliated Underlying Fund that
operates as an ETF through secondary market transactions at market
prices rather than through principal transactions with the
Unaffiliated Underlying Fund at net asset value. Applicants would
not rely on the requested relief from section 17(a) for such
secondary market transactions. To the extent that a Fund of Funds
purchases or redeems shares from an Unaffiliated Underlying Fund
that is an ETF and an affiliated person of the Fund of Funds in
exchange for a basket of specified securities as described in the
application for the exemptive order upon which the ETF relies,
applicants also request relief from section 17(a) for those
transactions.
---------------------------------------------------------------------------

Applicants' Conditions

    Applicants agree that any order granting the requested relief shall
be subject to the following conditions:
    1. The members of the Group will not control (individually or in
the aggregate) an Unaffiliated Underlying Fund within the meaning of
section 2(a)(9) of the Act. The members of a Subadviser Group will not
control (individually or in the aggregate) an Unaffiliated Underlying
Fund within the meaning of section 2(a)(9) of the Act. If, as a result
of a decrease in the outstanding voting securities of an Unaffiliated
Underlying Fund, the Group or the Subadviser Group, each in the
aggregate, becomes a holder of more than 25% of the outstanding voting
securities of the Unaffiliated Underlying Fund, then the Group or the
Subadviser Group will vote its shares of the Unaffiliated Underlying
Fund in the same proportion as the vote of all other holders of the
Unaffiliated Underlying Fund's shares. This condition will not apply to
the Subadviser Group with respect to an Unaffiliated Underlying Fund
for which the Subadviser or a person controlling, controlled by, or
under common control with the Subadviser acts as the investment adviser
within the meaning section 2(a)(20)(A) of the Act (in the case of an
Unaffiliated Fund) or as the sponsor (in the case of an Unaffiliated
Trust).
    2. No Fund of Funds or Fund of Funds Affiliate will cause any
existing or potential investment by the Fund of Funds in an
Unaffiliated Underlying Fund to influence the terms of any services or
transactions between the Fund of Funds or a Fund of Funds Affiliate and
the Unaffiliated Underlying Fund or an Unaffiliated Underlying Fund
Affiliate.
    3. Each Fund of Funds Board, including a majority of the
Disinterested Trustees, will adopt procedures reasonably designed to
ensure that the Adviser and the Subadviser are conducting the
investment program of the Fund of Funds without taking into account any
consideration received by the Fund of Funds or Fund of Funds Affiliate
from an Unaffiliated Underlying Fund or an Unaffiliated Underlying Fund
Affiliate in connection with any services or transactions.
    4. Once an investment by a Fund of Funds in the securities of an
Unaffiliated Fund exceeds the limit of section 12(d)(1)(A)(i) of the
Act, the Board of the Unaffiliated Fund, including a majority of the
Disinterested Trustees, will determine that any consideration paid by
the Unaffiliated Fund to a Fund of Funds or a Fund of Funds Affiliate
in connection with any services or transactions: (a) Is fair and
reasonable in relation to the nature and quality of the services and
benefits received by the Unaffiliated Fund; (b) is within the range of
consideration that the Unaffiliated Fund would be required to pay to
another unaffiliated entity in connection with the same services or
transactions; and (c) does not involve overreaching on the part of any
person concerned. This condition does not apply with respect to any
services or transactions between an Unaffiliated Fund and its
investment adviser(s), or any person controlling, controlled by, or
under common control with such investment adviser(s).
    5. No Fund of Funds or Fund of Funds Affiliate (except to the
extent it is acting in its capacity as an investment adviser to an
Unaffiliated Fund or sponsor to an Unaffiliated Trust) will cause an
Unaffiliated Underlying Fund to purchase a security in any Affiliated
Underwriting.
    6. The Board of an Unaffiliated Fund, including a majority of the
Disinterested Trustees, will adopt procedures

reasonably designed to monitor any purchases of securities by the
Unaffiliated Fund in an Affiliated Underwriting once an investment by a
Fund of Funds in the securities of the Unaffiliated Fund exceeds the
limit of section 12(d)(1)(A)(i) of the Act, including any purchases
made directly from an Underwriting Affiliate. The Board of the
Unaffiliated Fund will review these purchases periodically, but no less
frequently than annually, to determine whether the purchases were
influenced by the investment by the Fund of Funds in shares of the
Unaffiliated Fund. The Board of the Unaffiliated Fund will consider,
among other things: (a) Whether the purchases were consistent with the
investment objectives and policies of the Unaffiliated Fund; (b) how
the performance of securities purchased in an Affiliated Underwriting
compares to the performance of comparable securities purchased during a
comparable period of time in underwritings other than Affiliated
Underwritings or to a benchmark such as a comparable market index; and
(c) whether the amount of securities purchased by the Unaffiliated Fund
in Affiliated Underwritings and the amount purchased directly from an
Underwriting Affiliate have changed significantly from prior years. The
Board of the Unaffiliated Fund will take any appropriate actions based
on its review, including, if appropriate, the institution of procedures
designed to ensure that purchases of securities in Affiliated
Underwritings are in the best interests of shareholders.
    7. Each Unaffiliated Fund will maintain and preserve permanently in
an easily accessible place a written copy of the procedures described
in the preceding condition, and any modifications to such procedures,
and will maintain and preserve for a period of not less than six years
from the end of the fiscal year in which any purchase from an
Affiliated Underwriting occurred, the first two years in an easily
accessible place, a written record of each purchase made once an
investment by a Fund of Funds in the securities of an Unaffiliated Fund
exceeds the limit of section 12(d)(1)(A)(i) of the Act, setting forth
from whom the securities were acquired, the identity of the
underwriting syndicate's members, the terms of the purchase, and the
information or materials upon which the determinations of the Board of
the Unaffiliated Fund were made.
    8. Prior to its investment in shares of an Unaffiliated Fund in
excess of the limit in section 12(d)(1)(A)(i) of the Act, the Fund of
Funds and the Unaffiliated Fund will execute a Participation Agreement
stating, without limitation, that their boards of directors or trustees
and their investment advisers understand the terms and conditions of
the order and agree to fulfill their responsibilities under the order.
At the time of its investment in shares of an Unaffiliated Fund in
excess of the limit in section 12(d)(1)(A)(i), a Fund of Funds will
notify the Unaffiliated Fund of the investment. At such time, the Fund
of Funds will also transmit to the Unaffiliated Fund a list of the
names of each Fund of Funds Affiliate and Underwriting Affiliate. The
Fund of Funds will notify the Unaffiliated Fund of any changes to the
list as soon as reasonably practicable after a change occurs. The
Unaffiliated Fund and the Fund of Funds will maintain and preserve a
copy of the order, the Participation Agreement, and the list with any
updated information for the duration of the investment and for a period
of not less than six years thereafter, the first two years in an easily
accessible place.
    9. Prior to approving any investment advisory contract under
section 15 of the Act, each Fund of Funds Board, including a majority
of the Disinterested Trustees, will find that the advisory fees charged
under the advisory contract are based on services provided that are in
addition to, rather than duplicative of, services provided under the
advisory contract(s) of any Underlying Funds in which the Fund of Funds
may invest. This finding, and the basis upon which the finding was
made, will be recorded fully in the minute books of the appropriate
Fund of Funds.
    10. The Adviser will waive fees otherwise payable to it by the Fund
of Funds in an amount at least equal to any compensation (including
fees received pursuant to a plan adopted by an Unaffiliated Fund under
rule 12b-1 under the Act) received by the Adviser, or an affiliated
person of the Adviser, from an Unaffiliated Underlying Fund, other than
any advisory fees paid to the Adviser or an affiliated person of the
Adviser by the Unaffiliated Fund, in connection with the investment by
the Fund of Funds in the Unaffiliated Underlying Fund. Any Subadviser
will waive fees otherwise payable to the Subadviser, directly or
indirectly, by the Fund of Funds in an amount at least equal to any
compensation received by the Subadviser, or an affiliated person of the
Subadviser, from an Unaffiliated Underlying Fund, other than any
advisory fees paid to the Subadviser or an affiliated person of the
Subadviser by the Unaffiliated Fund, in connection with the investment
by the Fund of Funds in the Unaffiliated Underlying Fund made at the
direction of the Subadviser. In the event that the Subadviser waives
fees, the benefit of the waiver will be passed through to the Fund of
Funds.
    11. No Underlying Fund will acquire securities of any other
investment company or company relying on section 3(c)(1) or 3(c)(7) of
the Act, in excess of the limits contained in section 12(d)(1)(A) of
the Act, except to the extent that such Underlying Fund: (a) Receives
securities of another investment company as a dividend or as a result
of a plan of reorganization of a company (other than a plan devised for
the purpose of evading section 12(d)(1) of the Act); or (b) acquires
(or is deemed to have acquired) securities of another investment
company pursuant to exemptive relief from the Commission permitting
such Underlying Fund to: (i) Acquire securities of one or more
investment companies for short-term cash management purposes, or (ii)
engage in interfund borrowing and lending transactions.
    12. Any sales charges and/or service fees charged with respect to
shares of a Fund of Funds will not exceed the limits applicable to
funds of funds set forth in NASD Conduct Rule 2830.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-23043 Filed 9-30-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Pages 50777-50779]
[FR Doc No: 2011-20736]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65095; File No. SR-NSX-2011-08]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Rules To Extend Pilot Program Regarding Trading Pauses in
Individual Securities Due to Extraordinary Market Volatility

August 10, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 5, 2011, National Stock Exchange, Inc. filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change, as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comment on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    National Stock Exchange, Inc. (``NSX[supreg]'' or ``Exchange'') is
proposing to amend its rules to extend a certain pilot program
regarding trading pauses in individual securities due to extraordinary
market volatility.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.com, at the principal office of the
Exchange, http://www.sec.gov, and at the Commission's Public Reference
Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the

proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    With this rule change, the Exchange is proposing to extend a pilot
program currently in effect regarding trading pauses in individual
securities due to extraordinary market volatility under NSX Rule
11.20B. Currently, unless otherwise extended or approved permanently,
this pilot program will expire on August 11, 2011 or the date on which
a limit up/limit down mechanism to address extraordinary market
volatility, if adopted, applies to the Circuit Breaker Securities as
defined in Commentary .05 of Rule 11.20. The instant rule filing
proposes an extension to the pilot program until January 31, 2012.
    NSX Rule 11.20B (Trading Pauses in Individual Securities Due to
Extraordinary Market Volatility) was approved by the Securities and
Exchange Commission (the ``Commission'') on June 10, 2010 on a pilot
basis to end on December 10, 2010.\3\ The pilot program end date was
subsequently extended until April 11, 2011.\4\ Similar rule changes
were adopted by other markets in the national market system in a
coordinated manner. As the Exchange noted in its filing to adopt NSX
Rule 11.20B, during the pilot period, the Exchange, in conjunction with
other markets in the national market system, would continue to assess
whether additional securities need to be added and whether the
parameters of the rule would need to be modified to accommodate trading
characteristics of different securities. NSX Rule 11.20B was expanded
to include additional exchange traded products on September 10,
2010.\5\ The pilot program end date was further extended to August 11,
2011 or the date on which a limit up/limit down mechanism to address
extraordinary market volatility, if adopted applies.\6\ The Exchange,
in consultation with the Commission and other markets, has determined
that the duration of this pilot program should be extended until
January 31, 2012. Accordingly, pursuant to the instant rule filing, the
expiration date of the pilot program referenced in Commentary .05 to
Rule 11.20B is proposed to be changed from ``August 11, 2011 or the
date on which a limit up/limit down mechanism to address extraordinary
market volatility, if adopted, applies to the Circuit Breaker
Securities as defined in Commentary .05 of Rule 11.20'' to ``January
31, 2012''.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62252 (June 10,
2010), 75 FR 34186 (June 16, 2010) (SR-NSX-2010 05).
    \4\ See Securities Exchange Act Release No. 63512 (December 9,
2010), 75 FR 78786 (December 16, 2010) (SR-NSX-2010-17).
    \5\ See Securities Exchange Act Release No. 62884 (September 10,
2010), 75 FR 56618 (September 16, 2010) (SR-NSX-2010-08).
    \6\ See Securities Exchange Act Release No. 34-64213 (April 6,
2011), 76 FR 20409 (April 12, 2011) (SR-NSX-2011-04).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) and Section 11A of the Securities
Exchange Act of 1934 \7\ (the ``Act''), in general, and Section 6(b)(5)
of the Act,\8\ in particular, in that it is designed, among other
things, to promote clarity, transparency and full disclosure, in so
doing, to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to maintain fair and orderly markets
and protect investors and the public interest. Moreover, the proposed
rule change is not discriminatory in that it uniformly applies to all
ETP Holders. The Exchange believes that the extension of the pilot
program will promote uniformity among markets with respect to trading
pauses.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b) and 15 U.S.C. 78k-1, respectively.
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any inappropriate burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \14\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue uninterrupted, thereby
avoiding the investor confusion that could result from a temporary
interruption in the pilot program. For this reason, the Commission
designates the proposed rule change as operative upon filing.\15\
---------------------------------------------------------------------------

    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and

arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-NSX-2011-08 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NSX-2011-08. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the 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
a.m. and 3 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 No. SR-NSX-2011-08 and should be
submitted on or before September 6, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-20736 Filed 8-15-11; 8:45 am]
BILLING CODE 8011-01-P


RECEIPT OF DELIVERY

							DATE:    05/31/2007

Receipt of Delivery

TO:		The Honorable Nancy Pelosi

		Speaker of the House of Representatives

		The Capitol, H-209

		Washington, D.C. 20515

FROM:	U.S. Environmental Protection Agency

		1200 Pennsylvania Ave., NW 1806A

		Washington, DC 20460

TITLE(S) OF DOCUMENTS:

1.  Approval and Promulgation of air Quality Implementation Plans; south
Carolina:  Revisions to State Implementation Plan; Clarification  [FRL #
8321-4, Region 4] Final Rule

2.  Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revision to the Texas State Implementaion Plan Regarding a
Negative Declaration for the Synthetic Organic Chemical Manufacturing
Industry Batch Processing Source Category in E. Paso County  [FRL #
8321-7, Region 6] Direct Final Rule

3.  Approval and Promulgation of air Quality Implementation Plans;
Virginia; Redesignation of the Hampton Roads 8-Hour Ozone Nonattainment
Area to Attainment and Approval of the Area's Maintenance Plan and 2002
Base-Year Inventory  [FRL # 8320-9, Region 3] Final Rule

4.  Approval and Promulgation of air Quality Implementation Plans;
Virginia; Redesignation of the Richmond-Petersburg 8-Hour Ozone
Nonattainment Area to Attainment and Approval of the Area's Maintenance
Plan and 202 Base-Year Inventroy  [FRL # 8320-8, Region 3] Final Rule

5.  Approval and Promulgation of Implementation Plans; State of Iowa
[FRL # 8320-3, Region 7] Direct Final Rule

RECEIVED BY: ______________________________   Date:________________

RECEIPT OF DELIVERY

							DATE:    05/31/2007

Receipt of Delivery

TO:		The Honorable Richard B. Cheney

		President of the Senate

		The Capitol, S-212

		Washington, DC 20510

FROM:	U.S. Environmental Protection Agency

		1200 Pennsylvania Ave., NW 1806A

		Washington, DC 20460

TITLE(S) OF DOCUMENTS:

 1.  Approval and Promulgation of air Quality Implementation Plans;
south Carolina:  Revisions to State Implementation Plan; Clarification
[FRL # 8321-4, Region 4] Final Rule

2.  Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revision to the Texas State Implementaion Plan Regarding a
Negative Declaration for the Synthetic Organic Chemical Manufacturing
Industry Batch Processing Source Category in E. Paso County  [FRL #
8321-7, Region 6] Direct Final Rule

3.  Approval and Promulgation of air Quality Implementation Plans;
Virginia; Redesignation of the Hampton Roads 8-Hour Ozone Nonattainment
Area to Attainment and Approval of the Area's Maintenance Plan and 2002
Base-Year Inventory  [FRL # 8320-9, Region 3] Final Rule

4.  Approval and Promulgation of air Quality Implementation Plans;
Virginia; Redesignation of the Richmond-Petersburg 8-Hour Ozone
Nonattainment Area to Attainment and Approval of the Area's Maintenance
Plan and 202 Base-Year Inventroy  [FRL # 8320-8, Region 3] Final Rule

5.  Approval and Promulgation of Implementation Plans; State of Iowa
[FRL # 8320-3, Region 7] Direct Final Rule

RECEIVED BY: ____________________________      Date:________________

RECEIPT OF DELIVERY

						DATE:     05/31/2007

Receipt of Delivery

TO:		Mr. Gary Kepplinger

		General Counsel

		Government Accountability Office

		Room 7175

		441 G Street, NW

		Washington, DC 20548

FROM:	U.S. Environmental Protection Agency

		1200 Pennsylvania Ave., NW 1806A

		Washington, DC 20460

TITLE(S) OF DOCUMENTS:

 1.  Approval and Promulgation of air Quality Implementation Plans;
south Carolina:  Revisions to State Implementation Plan; Clarification
[FRL # 8321-4, Region 4] Final Rule

2.  Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revision to the Texas State Implementaion Plan Regarding a
Negative Declaration for the Synthetic Organic Chemical Manufacturing
Industry Batch Processing Source Category in E. Paso County  [FRL #
8321-7, Region 6] Direct Final Rule

3.  Approval and Promulgation of air Quality Implementation Plans;
Virginia; Redesignation of the Hampton Roads 8-Hour Ozone Nonattainment
Area to Attainment and Approval of the Area's Maintenance Plan and 2002
Base-Year Inventory  [FRL # 8320-9, Region 3] Final Rule

4.  Approval and Promulgation of air Quality Implementation Plans;
Virginia; Redesignation of the Richmond-Petersburg 8-Hour Ozone
Nonattainment Area to Attainment and Approval of the Area's Maintenance
Plan and 202 Base-Year Inventroy  [FRL # 8320-8, Region 3] Final Rule

5.  Approval and Promulgation of Implementation Plans; State of Iowa
[FRL # 8320-3, Region 7] Direct Final Rule

RECEIVED BY: ___________________________       Date:________________


[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Page 72459]
[FR Doc No: 2011-30225]

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

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Regulation G; OMB Control No. 3235-0576; SEC File No. 270-518.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Regulation G (17 CFR 244.100-244.102) under the Securities Exchange
Act of 1934 (the ``Exchange Act'') (15 U.S.C. 78a et seq.) requires
Exchange Act registrants that discloses or releases financial
information in a manner that is calculated or presented other than in
accordance with generally accepted accounting principles (``GAAP'') to
provide a reconciliation of the non-GAAP financial information to the
most directly comparable GAAP financial measure. Regulation G
implemented the requirements of Section 401 of the Sarbanes-Oxley Act
of 2002 (15 U.S.C. 7261). We estimate that approximately 14,000 public
companies must comply with Regulation G approximately six times a year
for a total of 84,000 responses annually. We estimated that it takes
approximately 0.5 hours per response (84,000 x 0.5 hours) for a total
reporting burden of 42,000 hours annually.
    Written comments are invited on: (a) Whether this collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden
imposed by the collections of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312; or
send an email to<EMAIL_ADDRESS>
    Dated: November 18, 2011.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30225 Filed 11-22-11; 8:45 am]
BILLING CODE 8011-01-P