Pesticide Container and Containment Regulations Briefing for the Agriculture Retailers Association and State Retailer Associations July 19, 2004 AGENDA 1. Goals of the Container and Containment Regulations 2. History & Key Dates 3. Container  Containment Rule Overview 4. Proposed Regulations  Refillable Containers and Repackaging 5. Proposed Regulations  Containment Requirements 6. EPA Web Site Highlighting the Open Comment Period APPENDIX 1. Containment Data References 2. Statutory Basis for the Regulations Goals of the Container & Containment Regulations

Ensure that containers are strong and durable to protect the environment and minimize human exposure during handling.

Facilitate pesticide container disposal, recycling and refilling.

Contain leaks and spills due to bulk storage and pesticide dispensing and container refilling operations. History & Key Dates for the Container  Containment Rule 1988 FIFRA Section 19 amended 1994 Proposed container  containment rule published 1996 FQPA amends Sec. 19 to exempt antimicrobials 1999 Supplemental Notice published 2004 FRN reopening comment period published ( June 30)

*** August 16, 2004: Comments are due ***

2005 EPA expects to publish final rule Container & Containment Rule Overview ( Proposed rule and supplemental notice)

Category Nonrefillable Containers Refillable Containers Repackaging Products Container Labeling Containment Structures Who must comply? Registrants Registrants Registrants Refillers Registrants Users Ag retailers Ag comm applicators Ag custom blenders Products that must comply All products other than MUPs and exempt antimicrobials All products other than MUPs and exempt antimicrobials All products other than MUPs and exempt antimicrobials All products Agricultural products Major Requirements ° DOT container design,

construction and marking ° Dispensing capability ° Closures ° Residue removal ° Recordkeeping ° DOT container design, construction and marking ° Serial numbers ° One way valves ° Bulk container standards ° Registrants develop info ° Refillers obtain and follow registrant's info before refilling ° Refillers clean,

inspect and label containers ° ID container as nonrefillable or refillable ° Reuse/ recycle ° Cleaning instructions ° Dikes around bulk tanks ° Pads for dispensing areas ° Operating procedures ° Inspections ° Recordkeeping PROPOSED REGULATIONS: REFILLABLE CONTAINERS AND REPACKAGING Purpose   Ensure that containers are strong and durable   Minimize cross contamination of pesticides distributed in refillable containers   Codify safe refilling management practices   Encourage the use of refillable containers to reduce container disposal problems Regulated Party   Registrants: ensure that containers meet the standards; develop and provide information to refillers   Refillers: responsible for procedural and handling activities Requirements   Permanent marking   Container integrity   Drop test ( minibulk)

  One way valve and/ or tamper evident device ( liquid minibulk)

  Vent, gauge and shutoff valve ( liquid bulk)

  Repackaging conditions for registrants and refillers   Repackaging procedures for registrants, e. g., develop cleaning procedure   Repackaging procedures for refillers, e. g., inspect, clean and relabel containers   Recordkeeping for registrants and refillers PROPOSED REGULATIONS: CONTAINMENT REQUIREMENTS Facilities Affected  agricultural chemical refillers, custom blenders and commercial applicators Containers Affected  stationary bulk (> 793 gallons liquid or > 4,409 lbs dry)

Construction Material  reinforced concrete or other rigid material; no earth or asphalt Permeability  Hydraulic Conductivity of 1 x 10 7 ( existing structures 1 x 10 6 interim period)

Storm Water Protection  protected during 25 yr, 24 hr rainfall event Drains  no outlets or drains at base; configured so leaks can be observed Leak Detection  Elevated for leak detection; container anchored to prevent flotation Liquid Capacity  125% outdoor/ 110% indoor volume of largest container plus displaced volume Dry Bulk Capacity  100% of largest container plus displaced volume Dispensing Pads  1000 gallon capacity, sloped toward liquid tight sump for new structures Other  Appurtenances protected, transfers attended, spills cleaned up by day s end APPENDIX 1. Containment Data References from Proposed Rule ( in the order cited in the preamble to the proposed rule)

60. U. S. Coast Guard. National Response Center [ selected spill data with summary notes by U. S. EPA Office of Pesticide Programs] ( 1982 through 1991).

34. MacDonald, B. Mitchell Systems Corporation, " Summarization of Nebraska Agrichemical Spill Data," memorandum to U. S. EPA, July 17 ( 1991).

78. Wisconsin Department of Agriculture, Trade, and Consumer Protection. " Background Report on Proposed Chapter Ag 163, Wisconsin Administrative Code ( pesticide bulk storage)," ( 1985).

42. Morrison, P. Wisconsin Department of Agriculture Trade and Consumer Protection, " Bulk Pesticide Facility Spills," Personal communication to Mitchell Systems, Arlington, VA ( 1991).

66. U. S. EPA, Office of Pesticide Programs. " Registrant information on bulk related spills," September 25 ( 1992).

68. U. S. EPA, Office of Pesticide Programs. " Regulatory Impact Analysis: Standards for Pesticide Containment Regulations Under the Federal Insecticide Fungicide and Rodenticide Act as Amended, 1988," ( 1993).

20. Habecker, M. A. Wisconsin Department of Agriculture, Trade & Consumer Protection, " Environmental Contamination at Pesticide Mixing/ Loading Facilities: Case Study, Investigation and Remedial Action Evaluation," ( 1989).

80. Zuelsdorff, N. Wisconsin Department of Agriculture, Trade, and Consumer Protection, " Pesticide Storage and Spill Containment; State Initiatives," Proceedings, National Symposium on Pesticide and Fertilizer Containment: Design and Management, MidWest Plan Service, Iowa State University, Ames, IO ( 1991).

45. Morrison, P. and S. Kefer. Wisconsin Department of Agriculture, Trade, and Consumer Protection and Wisconsin Department of Natural Resources, " Report on Wisconsin Pesticide Mixing and Loading Site Study," ( 1991).

47. Novak, M. Utah Department of Environmental Quality, " Survey of Potential Soil and Groundwater Contamination at Licensed Pesticide Dealers in Utah," ( 1991).

46. Myrick, C. National AgriChemical Retailers Association, [ Brief summarization of contamination characteristics associated with agrichemical dealerships], Personal communication to U. S. EPA, July 21 ( 1992).

21. Hallberg, G. Cooperative Extension Service, " Agricultural Chemicals and Groundwater Quality in Iowa: Status Report, 1985," Iowa State University, Ames, IO ( 1985).

15. Frieberg, D. Iowa Fertilizer and Chemical Association, " Environmental Cleanup of Fertilizer and Ag Chemical Dealer Sites," ( 1991). 41. Minnesota Department of Agriculture. " Minnesota Superfund: A Report on Use of the Minnesota Environmental Response, Compensation, and Compliance Fund During Fiscal Year 1991" ( 1991).

57. Taylor, A. Illinois Environmental Protection Agency, " Testimony in Support of Regulatory Proposals Regarding Agrichemical Storage and Handling Facilities," ( 1989).

33. Long, T. " Groundwater Contamination in the Vicinity of Agrichemical Mixing and Loading Facilities," Illinois Agricultural Pesticides Conference [ includes updated and supplemental data] ( 1989).

19. Good, G. and A. G. Taylor. Illinois Environmental Protection Agency, " A Review of Agrichemical Programs and Related Water Quality Issues," Illinois Environmental Protection Agency Report, Springfield, Illinois ( 1987).

26. Illinois Department of Agriculture and Illinois State Geological Survey, " Agrichemical Facility Site Contamination Study" ( 1993).

33. Long, T. " Groundwater Contamination in the Vicinity of Agrichemical Mixing and Loading Facilities," Illinois Agricultural Pesticides Conference [ includes updated and supplemental data] ( 1989).

22. Hallberg, G. " Overview of Agricultural Chemicals in Ground Water. Agricultural Impacts on Ground Water: A Conference," National Well Water Association ( 1986).

13. Fawcett, R. S. " Big Spring Revisited," Agrichemical Age, ( October, 1989).

36. Michigan Department of Agriculture. " Agricultural Chemicals in Michigan Groundwater Pilot Survey of 1989," Pesticide and Plant Pest Management Division ( 1989).

2. Association of American Pesticide Control Officials. " SFIREG Survey Report Regarding Agrichemical Site Remediation and Disposition of Certain Agrichemical Containing Materials," ( 1992).

9. Dade County Environmental Resources Management. " Agrichemical Mixer Loader Wells in Dade County, Florida: Potential for Groundwater Pollution," Miami, Florida ( 1989).

27. Jennings, G. D. North Carolina Cooperative Extension Service, " Pesticides in Private Wells in Moore and Hoke Counties," Draft report, North Carolina State University ( 1991).

54. Stumpf, K. Ciba Geigy, [ Examples of point source contamination involving pesticides], Personal communication to U. S. EPA, July 24 ( 1992).

50. Paulson, D. Ciba Geigy, " Why Containment  Industry's Perspective," Conference Proceedings, National Symposium on Pesticide and Fertilizer Containment: Design and Management, MidWest Plan Service ( 1992) 6. Buzicky, G. Minnesota Department of Agriculture, [ Costs for cleanup of agrichemical dealerships in Minnesota], Personal communication to U. S. EPA, summarized in memorandum by D. Howard, November 11 ( 1991).

56. Taylor, A. Illinois Environmental Protection Agency, [ Costs for cleanup of agrichemical dealerships in Illinois], Personal communication with U. S. EPA summarized in November 15 memorandum by D. Howard ( 1991).

43. Morrison, P. Wisconsin Department of Agriculture Trade and Consumer Protection, [ Costs for cleanup of agrichemical dealerships in Wisconsin], Personal communication to U. S. EPA summarized in November 12 memorandum by D. Howard ( 1991). 2. Statutory Basis for the Regulations 1988 Amendments to FIFRA significantly broadened EPA's authority to regulate storage, transportation and disposal ( Section 19)

These regulations will be directly enforceable by FIFRA section 12( a)( 2)( S).

Container Design: Section 19( e) mandates regulations on the design of containers that will promote the safe storage and disposal of pesticides by 1991.

Residue Removal: Section 19( f) mandates regulations prescribing procedures and standards for removing pesticides from containers before disposal by 1991.

° May provide for reuse, whenever practicable, or disposal of rinse water and residue. ** Important for containment regulations. ° EPA may exempt household products from these requirements.

Compliance Provision in Section 19( f)( 2):

Effective beginning 5 years after the effective date of this subsection, a State may not exercise primary enforcement responsibility under section 26, or certify an applicator under section 11, unless the Administrator determines that the State is carrying out an adequate program to ensure compliance with this subsection.

Container Study: Section 19( g) mandates a study of pesticide containers and a report to Congress, which was submitted to Congress in May 1992.

1996 FQPA amended FIFRA section 19( h) " Relationship to Solid Waste Disposal Act" to exempt certain antimicrobial products:

A household, industrial, or institutional antimicrobial product that is not subject to regulation under the Solid Waste Disposal Act ... shall not be subject to the provisions of subsections ( a), ( e), and ( f), unless the Administrator determines that such product must be subject to such provisions to prevent an unreasonable adverse effect on the environment."

V:\ EFB\............\ Regs  2004\ ARA Briefing July 19, 2004


[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42436-42438]
[FR Doc No: 2020-15059]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]

SGS North America, Inc.: Request for Renewal of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of SGS North
America, Inc.'s (SGS), requesting renewal of recognition as a
Nationally Recognized Testing Laboratory (NRTL).

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before July 29, 2020.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2006-0040,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW,

Washington, DC 20210. Deliveries (hand, express mail, messenger, and
courier service) are accepted during the Docket Office's normal
business hours, 10:00 a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2006-0040). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security Numbers,
birth dates, and medical data.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Extension of comment period: Submit requests for an extension of
the comment period on or before July 29, 2020 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
exception occurred on : 2020-15059.htm
exception occurred on : 2020-15059.htm
email: meilinger.fra[email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    OSHA recognition of a NRTL signifies that the organization meets
the requirements in Sec.  1910.7 of title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products properly approved by the NRTL
to meet OSHA standards that require testing and certification. OSHA
maintains an informational web page for each NRTL that details its
scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
    OSHA processes applications by a NRTL for renewal of recognition
following requirements in appendix A to 29 CFR 1910.7. OSHA conducts
renewals in accordance with the procedures in 29 CFR 1910.7, appendix
A, Section II.C. In accordance with these procedures, NRTLs submit a
renewal request to OSHA, not less than nine months or no more than one
year, before the expiration date of its current recognition. The
submission request includes a request for renewal and any additional
information the NRTL wishes to submit to demonstrate its continued
compliance with the terms of its recognition and 29 CFR 1910.7. If OSHA
has not conducted an on-site assessment of the NRTL's headquarters and
key sites within the past 18 to 24 months, it will schedule the
necessary on-site assessments prior to the expiration date of the
NRTL's recognition. Upon review of the submitted material and, as
necessary, the successful completion of the on-site assessment, OSHA
announces its preliminary decision to grant or deny renewal in the
Federal Register and solicit comments from the public. OSHA then
publishes a final Federal Register notice responding to any comments
and renewing the NRTL's recognition for a period of five years, or
denying the renewal of recognition.
    SGS initially received OSHA recognition as a NRTL on March 23, 1993
(58 FR 15509). SGS's most recent renewal was on July 14, 2014, for a
five-year period ending on July 14, 2019. SGS submitted a timely
request for renewal, dated October 2, 2018 (OSHA-2006-0040-0050), and
retains its recognition pending OSHA's final decision in this renewal
process. The current addresses of the SGS facilities recognized by OSHA
and included as part of the renewal request are:
    (1) SGS North America, Inc., 620 Old Peachtree Road, Suwanee,
Georgia 30024;
    (2) Consumer Testing Services, SGS Tecnos S.A., C/. Trespaderne 29,
Edificio Barajas 1, 28042 Madrid, Spain;
    (3) SGS--Baseefa Limited, Rockhead Business Park, Staden Lane,
Buxton SK17 9RZ, United Kingdom;
    (4) SGS--Fimko, Ltd., Sarkiniementie 3, FI-00210 Helsinki, Finland;
    (5) SGS--Guangzhou, 198 Kezhu Road, Scientech Park, Guangzhou
Economic & Technology Development District, Guangzhou, Guangdong,
China;
    (6) SGS--Ningbo, 1-5/F., West of Building 4, Lingyun Industry Park,
No. 1177, Lingyun Road, Ningbo National Hi-Tech Zone, Ningbo, Zhejiang,
China;
    (7) SGS--Shanghai, No. 588 West Jindu Road, Xinqiao Town, Songjiang
District 201612, Shanghai, China;
    (8) SGS--Shenzhen Branch, No. 1 Workshop, M-10, Middle Section,
Science & Technology Park, Nan Shan District, Shenzhen, China; and
    (9) SGS--Shunde, 198 Kezhu Road, Scientech Park Building 1,
European Industrial Park, No. 1, Shunde South Road, Wusha, Daliang,
Shunde District, Foshan, Guangdong, China.

II. Notice of Preliminary Findings

    OSHA is providing notice that SGS is applying for renewal of its
recognition as a NRTL. This renewal covers SGS's existing NRTL scope of
recognition. OSHA evaluated SGS's application for renewal and
preliminarily determined that SGS can continue to meet the requirements
prescribed by 29 CFR 1910.7 for recognition. Accordingly, OSHA is
making a determination that it does not need to conduct an additional
on-site review of SGS's facilities based on its evaluations of SGS's
application and all other available information. This information
includes OSHA's audits of SGS's recognized NRTL sites during this
recognition period, and the satisfactory resolution of non-conformances
with the requirements of 29 CFR 1910.7. This preliminary finding does
not constitute an interim or temporary approval of the request.
    OSHA welcomes public comment as to whether SGS meets the
requirements of 29 CFR 1910.7 for renewal of their recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. OSHA must receive the
written request for an extension by the due date for comments. OSHA
will limit any extension to 30

days unless the requester justifies a longer period. OSHA may deny a
request for an extension if it is not adequately justified. To obtain
or review copies of the publicly available information in SGS's
application and other pertinent documents (including exhibits), as well
as all submitted comments, contact the Docket Office, Room N-3653,
Occupational Safety and Health Administration, U.S. Department of
Labor, at the above address; these materials also are available online
at http://www.regulations.gov under Docket No. OSHA-2006-0040.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary on
whether to grant SGS's application for renewal. The Assistant Secretary
will make the final decision on granting the application and, in making
this decision, may undertake other proceedings prescribed in appendix A
to 29 CFR 1910.7. OSHA will publish a public notice of this final
decision in the Federal Register.

III. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2),
Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), and
29 CFR 1910.7.

    Signed at Washington, DC, on July 7, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-15059 Filed 7-13-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: August 2, 2006 (Volume 71, Number 148)]
[Notices]
[Page 43726]
[DOCID:fr02au06-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-440-000]

Wyoming Interstate Company, Ltd.; Notice of Proposed Changes in
FERC Gas Tariff

 July 25, 2006.
    Take notice that on July 20, 2006, Wyoming Interstate Company, Ltd.
(WIC) tendered for filing as part of its FERC Gas Tariff, Second
Revised Volume No 2, the following tariff sheets to become effective
September 1, 2006:

Fifteenth Revised Sheet No. 4C
Eighth Revised Sheet No. 5A
Tenth Revised Sheet No. 11
Seventh Revised Sheet No. 26
Eleventh Revised Sheet No. 37A
Tenth Revised Sheet No. 37B
Second Revised Sheet No. 39C
Eighth Revised Sheet No. 83
Original Sheet No. 83A
Original Sheet No. 83B
Original Sheet No. 83C

    WIC states that copies of its filing have been sent to all firm
customers, interruptible customers, and affected state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-12384 Filed 8-1-06; 8:45 am]

BILLING CODE 6717-01-P


Adjusted counts for missing data ( revised 12_ 03_ 02). xls 3/ 4/ 2003 Universe of MP& M Sample Direct Dischargers ( sum of weights, rounded) 2832 Known Direct Dischargers from PCS used for counts 3242 Ratio of Total to Known = G1/ G2 Reach Waterbody Type Population in Counties Type Original Count Adjusted for missing data Category Original Count Adjusted for missing data Bay 180 = B9*$ G$ 4 Pop <= 100000 1069 = F9*$ G$ 4 Great Lake 33 = B10*$ G$ 4 100000 < Pop <= 500000 1323 = F10*$ G$ 4 1155 Lake 117 = B11*$ G$ 4 500000 < Pop <= 1000000 461 = F11*$ G$ 4 Stream  small 622 = B12*$ G$ 4 1000000 < Pop <= 2000000 316 = F12*$ G$ 4 Stream  medium 1733 = B13*$ G$ 4 2000000 < Pop <= 4000000 54 = F13*$ G$ 4 Stream  large 1 414 = B14*$ G$ 4 Pop > 4000000 19 = F14*$ G$ 4 Stream  large 2 143 = B15*$ G$ 4 Total Facilities = SUM( B9: B16) = SUM( C9: C16) Total Facilities = SUM( F9: F16) = SUM( G9: G16)

Use 1155 so that total is correct. This is the affected category based on the facility removed.


[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Rules and Regulations]
[Page 22622]
[FR Doc No: C1-2020-07659]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 328

[Docket ID FEMA-2020-0018]
RIN 1660-AB01

Prioritization and Allocation of Certain Scarce or Threatened
Health and Medical Resources for Domestic Use

Correction

    In rule document 2020-07659, appearing on pages 20195 through 20200
in the issue of Friday, April 10, 2020 make the following correction.
    On page 20200, in the third column, on the second line from the
bottom, ``Filed 4-8-20'' should read ``Filed 4-7-20''.

[FR Doc. C1-2020-07659 Filed 4-22-20; 8:45 am]
 BILLING CODE 1300-01-D


[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56393-56395]
[FR Doc No: 2015-23359]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0375; FRL-9933-02]

Fluensulfone; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a tolerance for residues of
fluensulfone in or on tomato, paste. Makhteshim Agan of North America,
Inc., doing business as ADAMA requested these tolerances under the
Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective September 18, 2015. Objections and
requests for hearings must be received on or before November 17, 2015,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2015-0375, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2015-0375 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
November 17, 2015. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2015-0375, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of July 17, 2015 (80 FR 42462) (FRL-9929-
13), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
5F8365) by Makhteshim Agan of North America, Inc., doing business as
ADAMA, 3120 Highwoods Blvd., Suite 100, Raleigh, NC 27604. The petition
requested that 40 CFR part 180 be amended by establishing tolerances
for residues of the insecticide fluensulfone, 3,4,4-trifluoro-but-3-
ene-1-sulfonic acid, in or on tomato, paste at 1.0 parts per million
(ppm). That document referenced a summary of the petition prepared by
ADAMA, the registrant, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the
notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include

occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .''
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure, consistent with FFDCA
section 408(b)(2).
    In the Federal Register of September 24, 2014 (79 FR 56963) (FRL-
9914-35), EPA established tolerances for residues of fluensulfone in or
on cucurbit vegetable crop group 9 and fruiting vegetable crop group 8-
10 at 0.50 parts per million (ppm). The information available to the
Agency in support of the September 24, 2014 final rule showed no
concentration of fluensulfone or the metabolite BSA in or on fruiting
vegetable commodities and that separate tolerances for residues in or
on processed tomato products were unnecessary. Therefore, EPA
established a tolerance for residues of fluensulfone in or on fruiting
vegetable crop group 8-10 at 0.50 ppm and determined that a separate
tolerance for tomato, paste was not necessary.
    Since the time of the September 24, 2014 final rule, EPA received a
new tomato processing study that demonstrates a concentration of BSA
residues in tomato paste (3.5X). Based on this concentration factor and
the highest average field trial (HAFT) residues in tomato (0.29 ppm),
the Agency determined that the fruiting vegetable crop group 8-10
tolerance at 0.5 ppm is insufficient to cover residues in tomato, paste
and therefore a tolerance of 1.0 ppm in or on tomato, paste is
necessary to cover residues of BSA.
    The Agency assessed the use of fluensulfone in or on tomato, paste
at the tolerance of 1.0 ppm and determined that there would be no
resulting change in the risk estimates from the previous risk
assessment for the chemical. Since the publication of the September 24,
2014 final rule, the toxicity profile of fluensulfone has not changed,
and the risk assessments that supported the establishment of those
tolerances published in the Federal Register remain valid. The dietary
risk assessments for fluensulfone are based on residues of the parent
compound only. Since residues of the parent did not concentrate in
tomato paste, a new risk assessment is not necessary. Therefore, EPA
relies upon those supporting risk assessments and the findings made in
the September 24, 2014 Federal Register document, as well as the review
of the additional tomato processing data in support of this rule. EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to fluensulfone residues.
    For a detailed discussion of the aggregate risk assessments and
determination of safety for the proposed tolerances, please refer to
the September 24, 2014 Federal Register document and its supporting
documents, available at http://www.regulations.gov in docket ID number
EPA-HQ-OPP-2012-0593. Further information about EPA's determination
that a separate tolerance should be established in or on tomato, paste
may be found in the document, ``Fluensulfone--Revised Tolerance
Recommendation for Tomato Paste.'' in docket ID number EPA-HQ-OPP-2015-
0375.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology, a reverse-phase high performance
liquid chromatography with dual mass spectrometry/mass spectrometry
(HPLC-MS/MS), is available to enforce the tolerance expression.
    The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for fluensulfone.

V. Conclusion

    Therefore, tolerances are established for residues of fluensulfone,
3,4,4-trifluoro-but-3-ene-1-sulfonic acid, in or on tomato, paste at
1.0 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between

the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 4, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.680, add alphabetically the following commodity to the
table in paragraph (a) to read as follows:

Sec.  180.680  Fluensulfone; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Tomato, paste...........................................             1.0
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-23359 Filed 9-17-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78201-78202]
[FR Doc No: 2022-27667]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0061]

Union Pacific Railroad's Request To Amend Its Positive Train
Control Safety Plan and Positive Train Control System

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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

SUMMARY: This document provides the public with notice that, on
December 12, 2022, Union Pacific Railroad (UP) submitted a request for
amendment (RFA) to its FRA-approved Positive Train Control Safety Plan
(PTCSP). As this RFA may involve a request for FRA's approval of
proposed material modifications to an FRA-certified positive train
control (PTC) system, FRA is publishing this notice and inviting public
comment on the railroad's RFA to its PTCSP.

DATES: FRA will consider comments received by January 10, 2023. FRA may
consider comments received after that date to the extent practicable
and without delaying implementation of valuable or necessary
modifications to a PTC system.

ADDRESSES:
    Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2010-0061. For convenience, all active PTC
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports. All comments
received will be posted without change to https://www.regulations.gov;
this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: In general, title 49 United States Code
(U.S.C.) section 20157(h) requires FRA to certify that a host
railroad's PTC system complies with title 49 Code of Federal
Regulations (CFR) part 236, subpart I, before the technology may be
operated in revenue service. Before making

certain changes to an FRA-certified PTC system or the associated FRA-
approved PTCSP, a host railroad must submit, and obtain FRA's approval
of, an RFA to its PTCSP under 49 CFR 236.1021.
    Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will
publish a notice in the Federal Register and invite public comment in
accordance with 49 CFR part 211, if an RFA includes a request for
approval of a material modification of a signal and train control
system. Accordingly, this notice informs the public that, on December
12, 2022, UP submitted an RFA to its PTCSP for its Interoperable
Electronic Train Management System (I-ETMS), and that RFA is available
in Docket No. FRA-2010-0061.
    Interested parties are invited to comment on UP's RFA to its PTCSP
by submitting written comments or data. During FRA's review of this
railroad's RFA, FRA will consider any comments or data submitted within
the timeline specified in this notice and to the extent practicable,
without delaying implementation of valuable or necessary modifications
to a PTC system. See 49 CFR 236.1021; see also 49 CFR 236.1011(e).
Under 49 CFR 236.1021, FRA maintains the authority to approve, approve
with conditions, or deny a railroad's RFA to its PTCSP at FRA's sole
discretion.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to https://www.regulations.gov, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2022-27667 Filed 12-20-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Rules and Regulations]
[Pages 14792-14793]
[FR Doc No: 2020-05254]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0988; Product Identifier 2019-NM-175-AD; Amendment
39-19861; AD 2020-05-13]
RIN 2120-AA64

Airworthiness Directives; Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Canada Limited Partnership Model BD-500-1A11 airplanes.
This AD was prompted by reports that, under certain combinations of
airplane configuration and flight conditions, higher than anticipated
temperatures could lead to an engine fire warning nuisance message.
This AD requires installation of Integrated Air Systems Controller
(IASC) software version 5.0. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective April 20, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 20,
2020.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>internet http://www.bombardier.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0988.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0988; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-31, dated
September 6, 2019 (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus Canada Limited Partnership Model BD-500-
1A11 airplanes. You may examine the MCAI in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0988.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus Canada
Limited Partnership Model BD-500-1A11 airplanes. The NPRM published in
the Federal Register on December 20, 2019 (84 FR 70078). The NPRM was
prompted by reports that, under certain combinations of airplane
configuration and flight conditions, higher than anticipated
temperatures could lead to an engine fire warning nuisance message. The
NPRM proposed to require installation of IASC software version 5.0. The
FAA is issuing this AD to address this potential nuisance message,
which could lead to an unnecessary shutdown of the engine by the
flightcrew, and consequent reduced controllability of the airplane. See
the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin BD500-219001, Issue 002,
dated September 11, 2018. This service information describes procedures
for installation of IASC software version 5.0. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 8 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170           $1,360
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-05-13 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-19861; Docket No. FAA-2019-0988;
Product Identifier 2019-NM-175-AD.

(a) Effective Date

    This AD is effective April 20, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD-500-1A11 airplanes, certificated
in any category, serial numbers 55018, 55019, 55022, 55024, 55026,
55028, 55031, and 55035.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain
protection.

(e) Reason

    This AD was prompted by reports that, under certain combinations
of airplane configuration and flight conditions, higher than
anticipated temperatures could lead to an engine fire warning
nuisance message. The FAA is issuing this AD to address this
condition, which could lead to an unnecessary shutdown of the engine
by the flightcrew, which could lead to reduced controllability of
the airplane.

(f) Compliance

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

(g) Software Update

    Within 850 flight hours or 6 months, whichever occurs first
after the effective date of this AD: Install Integrated Air Systems
Controller (IASC) software version 5.0, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin BD500-
219001, Issue 002, dated September 11, 2018.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin BD500-219001,
Issue 001, dated August 3, 2018.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Airbus
Canada Limited Partnership's TCCA Design Approval Organization
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) CF-2019-31, dated September 6, 2019, for related information.
This MCAI may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0988.
    (2) For more information about this AD, contact Thomas Niczky,
Aerospace Engineer, Avionics and Electrical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin BD500-219001, Issue 002, dated
September 11, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 4, 2020.
Gaetano A. Sciortino,
 Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-05254 Filed 3-13-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31594-31595]
[FR Doc No: 2017-14338]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9964-75-OA]

Notification of a Closed Meeting of the Science Advisory Board's
2017 Scientific and Technological Achievement Awards Committee and
Closed Meeting of the Science Advisory Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency's (EPA) Science Advisory
Board (SAB) Staff Office announces a meeting of the SAB's 2017
Scientific and Technological Achievement Awards (STAA) Committee and a
meeting of the chartered SAB to develop and review recommendations for
recognition under the Agency's 2017 STAA program. These meetings are
closed to the public.

DATES: The STAA Committee meeting will be held Wednesday, July 19,
2017, from 8:00 a.m. to 6:00 p.m. and Thursday, July 20, 2017, from
8:00 a.m. to 3:00 p.m. (Eastern Time). The chartered SAB meeting will
be held Friday, September 15, 2017, from 10:00 a.m. to 11:30 a.m.
(Eastern Time). The meetings will be closed to the public.

ADDRESSES: The STAA Committee meeting will be held at the Melrose
Georgetown Hotel, 2430 Pennsylvania Avenue NW., Washington, DC 20037.
The chartered SAB meeting will be held in the Washington, DC metro
area, and an agenda with the final location will be posted on the SAB
Web site at http://www.epa.gov/sab.

FOR FURTHER INFORMATION CONTACT: Members of the public who wish to
obtain further information regarding the STAA Committee meeting may
contact Edward Hanlon, Designated Federal Officer, by telephone: (202)
564-2134 or email at<EMAIL_ADDRESS>Members of the public who
wish to obtain further information regarding the chartered SAB meeting
may contact Thomas Carpenter, Designated Federal Officer, by telephone:
(202) 564-4885 or email at<EMAIL_ADDRESS>The SAB Mailing
address is EPA Science Advisory Board Staff Office (1400R), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460. General information about the SAB as well as
updates concerning the SAB meeting announced in this notice may be
found on the SAB Web site at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION:
    Background: The SAB was established pursuant to the Environmental
Research, Development, and Demonstration Authorization Act (ERDDAA),
codified at 42 U.S.C. 4365, to provide independent scientific and
technical advice to the Administrator on the technical basis for Agency
positions and regulations. The SAB is a Federal Advisory Committee
chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C.,
App. 2. The SAB will comply with the provisions of FACA and all
appropriate SAB Staff Office procedural policies. Pursuant to FACA and
EPA policy, notice is hereby given that the SAB 2017 STAA Committee
will hold a closed meeting to develop recommendations for recipients of
the Agency's 2017 STAA program achievement awards and recommendations
for improvement of the Agency's STAA program, and the chartered SAB
will hold a closed meeting to conduct a review of the SAB 2017 STAA
Committee's draft advisory report. Under normal circumstances, a notice
of the Committee meeting must be published no later than 15 days before
the date of that meeting. Due to unavoidable administrative
circumstances, we are publishing this notice with less than 15 days'
advance notice for the STAA Committee meeting on July 19 and 20, 2017.
    The STAA awards are established to honor and recognize EPA
employees who have made outstanding contributions in the advancement of
science and technology through their research and development
activities, as exhibited in publication of their results in peer
reviewed journals. In conducting its review, the SAB considers each
nomination in relation to the following four award levels:
     Level I awards are for those who have accomplished an
exceptionally high-quality research or technological effort. The awards
recognize the creation or general revision of scientific or
technological principle or procedure, or a highly significant
improvement in the value of a device, activity, program, or service to
the public. Awarded research is of national significance or has high
impact on a broad area of science/technology. The research has far
reaching consequences and is recognizable as a major scientific/
technological achievement within its discipline or field of study.
     Level II awards are for those who have accomplished a
notably excellent research or technological effort that has qualities
and values similar to, but to a lesser degree, than those described
under Level I. Awarded research has timely consequences and contributes
as

an important scientific/technological achievement within its discipline
or field of study.
     Level III awards are for those who have accomplished an
unusually notable research or technological effort. The awards are for
a substantial revision or modification of a scientific/technological
principle or procedure, or an important improvement to the value of a
device, activity, program, or service to the public. Awarded research
relates to a mission or organizational component of the EPA, or
significantly affects a relevant area of science/technology.
     Honorable Mention awards acknowledge research efforts that
are noteworthy but do not warrant a Level I, II or III award. Honorable
Mention applies to research that: (1) May not quite reach the level
described for a Level III award; (2) show a promising area of research
that the Subcommittee wants to encourage; or (3) show an area of
research that the Subcommittees feels is too preliminary to warrant an
award recommendation at this time.
    The SAB reviews the STAA nomination packages according to the
following five evaluation factors:
     The extent to which the work reported in the nominated
publication(s) resulted in either new or significantly revised
knowledge. The accomplishment is expected to represent an important
advancement of scientific knowledge or technology relevant to
environmental issues and EPA's mission.
     The extent to which environmental protection has been
strengthened or improved, whether of local, national, or international
importance.
     The degree to which the research is a product of the
originality, creativeness, initiative, and problem-solving ability of
the researchers, as well as the level of effort required to produce the
results.
     The extent of the beneficial impact of the research and
the degree to which the research has been favorably recognized from
outside EPA.
     The nature and extent of peer review, including stature
and quality of the peer-reviewed journal or the publisher of a book for
a review chapter published therein.
    I have determined that the meetings of the STAA Committee and
chartered SAB will be closed to the public because they are concerned
with selecting employees deserving of awards. In making these
recommendations, the Agency requires full and frank advice from the
SAB. This advice will involve professional judgments on the relative
merits of various employees and their respective work. Such personnel
matters involve the discussion of information that is of a personal
nature and the disclosure of which would be a clearly unwarranted
invasion of personal privacy and, therefore, are protected from
disclosure by section 10(d) of the Federal Advisory Committee Act
(FACA), 5 U.S.C. App. 2, and sections (c)(2) and (c)(6) of the
Government in the Sunshine Act, 5 U.S.C. 552b(c)(2) and (6). Minutes of
the meetings of the STAA Committee and chartered SAB will be kept and
certified by the chair of those meetings.

    Dated: June 30, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-14338 Filed 7-6-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Notices]
[Page 57208-57211]
[DOCID:fr04no09-111]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28987; 812-13482]

MFS Government Markets Income Trust et al.; Notice of Application

October 29, 2009.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 19(b) of
the Act and rule 19b-1 under the Act.

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Summary of Application: Applicants request an order to permit certain
closed-end investment companies to make periodic distributions of long-
term capital gains with respect to their outstanding common stock as
frequently as twelve times each year, and as frequently as
distributions are specified by or in accordance with the terms of any
outstanding preferred stock that such investment companies may issue.

Applicants: MFS Government Markets Income Trust, MFS Intermediate
Income Trust (together, the ``Current Funds''), and Massachusetts
Financial Services Company (the ``Adviser'').

Filing Dates: January 22, 2008, February 9, 2009 and May 27, 2009.

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 November 23, 2009, 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, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090; Applicants, c/o Massachusetts Financial
Services Company, 500 Boylston Street, Boston, MA 02116, Attention:
Mark N. Polebaum, Esq.

FOR FURTHER INFORMATION CONTACT: Wendy Friedlander, Senior Counsel, at
(202) 551-6837, or James M. Curtis, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Chief Counsel).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/
search.htm, or by calling<PHONE_NUMBER>.
    Applicants' Representations:
    1. The Current Funds are registered closed-end management
investment companies organized as Massachusetts business trusts. The
Current Funds' primary investment objective is to provide high current
income, and their secondary investment objective is capital
appreciation.\1\ The common stock of the Current Funds is listed and
traded on the New York Stock Exchange. The Current Funds have not
issued preferred stock. Applicants believe that the stockholders of the
Current Funds may prefer an investment vehicle that provides regular/
monthly distributions.
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    \1\ Applicants request that any order issued granting the relief
requested in the application also apply to any closed-end investment
company (``future fund'') that in the future: (a) Is advised by the
Adviser (including any successor in interest) or by any entity
controlling, controlled by, or under common control (within the
meaning of section 2(a)(9) of the Act) with the Adviser; and (b)
complies with the terms and conditions of the requested order. A
successor in interest is limited to entities that result from a
reorganization into another jurisdiction or a change in the type of
business organization.
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    2. The Adviser is a Delaware corporation and is registered as an
investment adviser under the Investment Advisers Act of 1940. The
Adviser is the investment adviser for the Current Funds. The Adviser is
a wholly-owned subsidiary of Sun Life of Canada (U.S.) Financial
Services Holdings, Inc., which is an indirect wholly-owned subsidiary
of Sun Life Financial Inc.
    3. Applicants represent that in 2007 each Current Fund adopted a
level-distribution policy with respect to its common stock. Applicants
represent that at that time each Current Fund had substantial capital
loss carryforwards and realized and unrealized net capital losses in
its portfolio sufficient to offset the Current Fund's long-term capital
gains for a period of time. Applicants represent that the Adviser
believes that each of the Current Funds will be able to continue to
make distributions in accordance with its respective existing
distribution policy for the time being without exceeding applicable
limits in the Act on long-term capital gains distributions. Applicants
represent that the Current Funds will make distributions of long-term
capital gains more frequently than the applicable limits under the Act
only if the requested order is granted. Applicants represent that any
such distributions made in reliance on the order will comply with the
terms and conditions of this application.
    4. Applicants represent that prior to making distributions in
reliance on the requested order, the Board of a fund, including a
majority of the trustees who are not ``interested persons'' of the
fund, as defined in section 2(a)(19) of the Act (the ``Independent
Trustees''), will have:
    (1) Approved the fund's adoption of the distribution policy
(``Plan'');
    (2) Requested and evaluated, and the Adviser shall have furnished,
such information as may be reasonably necessary for an informed
determination of whether the Plan should be adopted and implemented;
    (3) Determined that adoption and implementation of the Plan is
consistent with the fund's investment objective(s) and policies and in
the best interests of the fund and its shareholders, after considering
the information in (2) above, including, without limitation:
    (i) The purpose(s) of the Plan as stated in this application,
    (ii) Information about any potential or actual conflicts of
interest that the Adviser, any affiliated person of the

Adviser, or any other affiliated person of the fund may have relating
to the adoption or implementation of the Plan,
    (iii) Whether the rate of distribution under the Plan will exceed
the fund's expected total return (in relation to NAV); and
    (iv) The reasonably foreseeable material effects of the Plan on the
fund's long-term total return (in relation to market price and NAV);
    (4) Approved the adoption of compliance policies and procedures in
accordance with rule 38a-1 under the Act that:
    (i) Are reasonably designed to ensure that all notices required to
be sent to fund shareholders pursuant to section 19(a) of the Act and
rule 19a-1 thereunder (each a ``Notice'') include the disclosure
required by rule 19a-1 and the conditions below, and that all other
communications by the fund or its agents about distributions under the
Plan include the disclosure required by the conditions below, and
    (ii) Require the fund to keep records that demonstrate its
compliance with all of the conditions of the requested order and that
are necessary for the fund to form the basis for, or demonstrate the
calculation of, the amounts disclosed in its Notices; and
    (5) Recorded the information, pursuant to representation (3) above,
considered by it and the basis for its approval of the Plan in its
meeting minutes, which must be made and preserved for a period of not
less than six years from the date of such meeting, the first two years
in an easily accessible place or such longer period as may otherwise be
required by law.
    Applicants' Legal Analysis:
    1. Section 19(b) generally makes it unlawful for any registered
investment company to make long-term capital gains distributions more
than once each year. Rule 19b-1 limits the number of capital gains
dividends, as defined in section 852(b)(3)(C) of the Code
(``distributions''), that a fund may make with respect to any one
taxable year to one, plus a supplemental ``clean up'' distribution made
pursuant to section 855 of the Code not exceeding 10% of the total
amount distributed for the year, plus one additional capital gain
dividend made in whole or in part to avoid the excise tax under section
4982 of the Code.
    2. Section 6(c) provides that the Commission may, by order upon
application, conditionally or unconditionally exempt any person,
security, or transaction, or any class or classes of persons,
securities or transactions, from any provision of the Act, if and to
the extent that the 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.
    3. Applicants state that the one of the concerns underlying section
19(b) and rule 19b-1 is that shareholders might be unable to
differentiate between regular distributions of capital gains and
distributions of investment income. Applicants state, however, that
rule 19a-1 effectively addresses this concern by requiring that a
separate statement showing the sources of a distribution (e.g.,
estimated net income, net short-term capital gains, net long-term
capital gains and/or return of capital) accompany any distributions (or
the confirmation of the reinvestment of distributions) estimated to be
sourced in part from capital gains or capital. Applicants state that
the same information also is included in the Current Funds' annual
reports to shareholders and on their IRS Forms 1099-DIV, which are sent
to each common and preferred shareholder who received distributions
during the year.
    4. Applicants further state that each of the funds will make the
additional disclosures required by the conditions set forth below, and
each of them has adopted or will adopt compliance policies and
procedures in accordance with rule 38a-1 to ensure that all required
Notices and disclosures are sent to shareholders. Applicants argue that
by providing the information required by section 19(a) and rule 19a-1,
and by complying with the procedures adopted under each Plan and the
conditions listed below, the funds would ensure that each fund's
shareholders are provided sufficient information to understand that
their periodic distributions are not tied to the fund's net investment
income and realized capital gains to date, and may not represent yield
or investment return.
    5. Applicants note that section 19(b) and rule 19b-1 also were
intended to prevent certain improper sales practices, including, in
particular, the practice of urging an investor to purchase shares of a
fund on the basis of an upcoming capital gains dividend (``selling the
dividend''), where the dividend would result in an immediate
corresponding reduction in NAV and would be in effect a taxable return
of the investor's capital. Applicants assert that a periodic payout
policy will help avoid the buildup of large end-of-the-year
distributions and accordingly will help to avoid the scenario in which
an investor acquires shares that are subject to a large upcoming
capital gains distribution.
    6. Applicants also note that common shares of closed-end funds that
invest primarily in equity securities often trade in the marketplace at
a discount to their NAV. Applicants believe that this discount may be
reduced for closed-end funds that pay relatively frequent dividends on
their common shares at a consistent rate, whether or not those
dividends contain an element of long-term capital gain.
    7. Applicants assert that the application of rule 19b-1 to a Plan
actually could have an undesirable influence on portfolio management
decisions. Applicants state that, in the absence of an exemption from
rule 19b-1, the implementation of a Plan imposes pressure on management
to realize capital gains on a regular and frequent basis and at a time
when pure investment considerations would dictate not doing so.
Applicants thus assert that the requested order would enable the funds
to realize long-term capital gains as often as investment consideration
dictate without fear of violating rule 19b-1.
    8. Applicants state that Revenue Ruling 89-81 under the Code
requires that a fund that has both common stock and preferred stock
outstanding designate the types of income, e.g. investment income and
capital gains, in the same proportion as the total distributions
distributed to each class for the tax year. To satisfy the
proportionate designation requirements of Revenue Ruling 89-81,
whenever a fund has realized a long-term capital gain with respect to a
given tax year, the fund must designate the required proportionate
share of such capital gain to be included in common and preferred stock
dividends. Applicants state that although rule 19b-1 allows a fund some
flexibility with respect to the frequency of capital gains
distributions, a fund might use all of the exceptions available under
the rule for a tax year and still need to distribute additional capital
gains allocated to the preferred stock to comply with Revenue Ruling
89-81.
    9. Applicants assert that the potential abuses addressed by section
19(b) and rule 19b-1 do not arise with respect to preferred stock
issued by a closed-end fund. Applicants assert that such distributions
are fixed or determined in periodic auctions by reference to short-term
interest rates rather than by reference to performance of the issuer
and Revenue Ruling 89-81 determines the proportion of such
distributions that are comprised of the long-term capital gains.
    10. Applicants also submit that the ``selling the dividend''
concern is not applicable to preferred stock, which

entitles a holder to no more than a periodic dividend at a fixed rate
or the rate determined by the market, and, like a debt security, is
priced based upon its liquidation value, credit quality, and frequency
of payment. Applicants state that investors buy preferred shares for
the purpose of receiving payments at the frequency bargained for, and
do not expect the liquidation value of their shares to change.
    11. Applicants request an order under section 6(c) granting an
exemption from the provisions of section 19(b) and rule 19b-1 to permit
each fund's common stock to distribute periodic capital gains dividends
(as defined in section 852(b)(3)(C) of the Code) as often as monthly in
any one taxable year in respect of its common shares and as often as
specified by or determined in accordance with the terms thereof in
respect of its preferred shares.\2\
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    \2\ Applicants state that a future fund that relies on the
requested order will satisfy each of the representations in the
application except that such representations will be made in respect
of actions by the board of directors of such future fund and will be
made at a future time.
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    Applicants' Conditions:
    Applicants agree that, with respect to each fund seeking to rely on
the order, the order will be subject to the following conditions:

I. Compliance Review and Reporting

    The fund's chief compliance officer will: (a) Report to the fund
Board, no less frequently than once every three months or at the next
regularly scheduled quarterly board meeting, whether (i) the fund and
the Adviser have complied with the conditions to the requested order,
and (ii) a Material Compliance Matter, as defined in rule 38a-1(e)(2),
has occurred with respect to compliance with such conditions; and (b)
review the adequacy of the policies and procedures adopted by the fund
no less frequently than annually.

II. Disclosures to Fund Shareholders

    A. Each Notice to the holders of the fund's common shares, in
addition to the information required by section 19(a) and rule 19a-1:
    1. Will provide, in a tabular or graphical format:
    (a) The amount of the distribution, on a per common share basis,
together with the amounts of such distribution amount, on a per common
share basis and as a percentage of such distribution amount, from
estimated: (A) Net investment income; (B) net realized short-term
capital gains; (C) net realized long-term capital gains; and (D) return
of capital or other capital source;
    (b) The fiscal year-to-date cumulative amount of distributions, on
a per common share basis, together with the amounts of such cumulative
amount, on a per common share basis and as a percentage of such
cumulative amount of distributions, from estimated: (A) Net investment
income; (B) net realized short-term capital gains; (C) net realized
long-term capital gains; and (D) return of capital or other capital
source;
    (c) The average annual total return in relation to the change in
NAV for the 5-year period (or, if the fund's history of operations is
less than five years, the time period commencing immediately following
the fund's first public offering) ending on the last day of the month
prior to the most recent distribution declaration date compared to the
current fiscal period's annualized distribution rate expressed as a
percentage of NAV as of the last day of the month prior to the most
recent distribution declaration date; and
    (d) The cumulative total return in relation to the change in NAV
from the last completed fiscal year to the last day of the month prior
to the most recent distribution declaration date compared to the fiscal
year-to-date cumulative distribution rate expressed as a percentage of
NAV as of the last day of the month prior to the most recent
distribution declaration date.
    Such disclosure shall be made in a type size at least as large and
as prominent as the estimate of the sources of the current
distribution; and
    2. Will include the following disclosure:
    (a) ``You should not draw any conclusions about the fund's
investment performance from the amount of this distribution or from the
terms of the fund's Plan'';
    (b) ``The fund estimates that it has distributed more than its
income and net realized capital gains; therefore, a portion of your
distribution may be a return of capital. A return of capital may occur
for example, when some or all of the money that you invested in the
fund is paid back to you. A return of capital distribution does not
necessarily reflect the fund's investment performance and should not be
confused with `yield' or `income' ''; \3\ and
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    \3\ This disclosure will be included only if the current
distribution or the fiscal year-to-date cumulative distributions are
estimated to include a return of capital.
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    (c) ``The amounts and sources of distributions reported in this
Notice are only estimates and are not being provided for tax reporting
purposes. The actual amounts and sources of the amounts for tax
reporting purposes will depend upon the fund's investment experience
during the remainder of its fiscal year and may be subject to changes
based on tax regulations. The fund will send you a Form 1099-DIV for
the calendar year that will tell you how to report these distributions
for federal income tax purposes.''
    Such disclosure shall be made in a type size at least as large as
and as prominent as any other information in the Notice and placed on
the same page in close proximity to the amount and the sources of the
distribution.
    B. On the inside front cover of each report to shareholders under
rule 30e-1 under the Act, the fund will:
    1. Describe the terms of the Plan (including the fixed amount or
fixed percentage of the distributions and the frequency of the
distributions);
    2. Include the disclosure required by condition II.A.2.a above;
    3. State, if applicable, that the Plan provides that the Board may
amend or terminate the Plan at any time without prior notice to fund
shareholders; and
    4. describe any reasonably foreseeable circumstances that might
cause the fund to terminate the Plan and any reasonably foreseeable
consequences of such termination.
    C. Each report provided to shareholders under rule 30e-1 and in
each prospectus filed with the Commission on Form N-2 under the Act,
will provide the fund's total return in relation to changes in NAV in
the financial highlights table and in any discussion about the fund's
total return.

III. Disclosure to Shareholders, Prospective Shareholders and Third
Parties

    A. The fund will include the information contained in the relevant
Notice, including the disclosure required by condition II.A.2 above, in
any written communication (other than a Form 1099) about the Plan or
distributions under the Plan by the fund, or agents that the fund has
authorized to make such communication on the fund's behalf, to any fund
common shareholder, prospective common shareholder or third-party
information provider;
    B. The fund will issue, contemporaneously with the issuance of any
Notice, a press release containing the information in the Notice and
will file with the Commission the information contained in such Notice,
including the disclosure required by condition II.A.2 above, as an
exhibit to its next filed Form N-CSR; and
    C. The fund will post prominently a statement on its (or the
Adviser's) Web site containing the information in each

Notice, including the disclosure required by condition II.A.2 above,
and will maintain such information on such Web site for at least 24
months.
    IV. Delivery of Notices to Beneficial Owners: If a broker, dealer,
bank or other person (``financial intermediary'') holds common stock
issued by the fund in nominee name, or otherwise, on behalf of a
beneficial owner, the fund: (a) Will request that the financial
intermediary, or its agent, forward the Notice to all beneficial owners
of the fund's shares held through such financial intermediary; (b) will
provide, in a timely manner, to the financial intermediary, or its
agent, enough copies of the Notice assembled in the form and at the
place that the financial intermediary, or its agent, reasonably
requests to facilitate the financial intermediary's sending of the
Notice to each beneficial owner of the fund's shares; and (c) upon the
request of any financial intermediary, or its agent, that receives
copies of the Notice, will pay the financial intermediary, or its
agent, the reasonable expenses of sending the Notice to such beneficial
owners.

V. Additional Board Determinations for Funds Whose Shares Trade at a
Premium

    If:
    A. The fund's common shares have traded on the exchange that they
primarily trade on at the time in question at an average premium to NAV
equal to or greater than 10%, as determined on the basis of the average
of the discount or premium to NAV of the fund's common shares as of the
close of each trading day over a 12-week rolling period (each such 12-
week rolling period ending on the last trading day of each week); and
    B. The fund's annualized distribution rate for such 12-week rolling
period, expressed as a percentage of NAV as of the ending date of such
12-week rolling period, is greater than the fund's average annual total
return in relation to the change in NAV over the 2-year period ending
on the last day of such 12-week rolling period; then:
    1. At the earlier of the next regularly scheduled meeting or within
four months of the last day of such 12-week rolling period, the Board
including a majority of the Independent Directors:
    (a) Will request and evaluate, and the Adviser will furnish, such
information as may be reasonably necessary to make an informed
determination of whether the Plan should be continued or continued
after amendment;
    (b) Will determine whether continuation, or continuation after
amendment, of the Plan is consistent with the fund's investment
objective(s) and policies and in the best interests of the fund and its
shareholders, after considering the information in condition V.B.1.a
above; including, without limitation:
    (1) Whether the Plan is accomplishing its purpose(s);
    (2) The reasonably foreseeable effects of the Plan on the fund's
long-term total return in relation to the market price and NAV of the
fund's common shares; and
    (3) The fund's current distribution rate, as described in condition
V.B above, compared to with the fund's average annual total return over
the 2-year period, as described in condition V.B, or such longer period
as the board deems appropriate; and
    (c) Based upon that determination, will approve or disapprove the
continuation, or continuation after amendment, of the Plan; and
    2. The Board will record the information considered by it and the
basis for its approval or disapproval of the continuation, or
continuation after amendment, of the Plan in its meeting minutes, which
must be made and preserved for a period of not less than six years from
the date of such meeting, the first two years in an easily accessible
place.

VI. Public Offerings

    The fund will not make a public offering of the fund's common
shares other than:
    A. A rights offering below NAV to holders of the fund's common
stock;
    B. An offering in connection with a dividend reinvestment plan,
merger, consolidation, acquisition, spin-off or reorganization of the
fund; or
    C. An offering other than an offering described in conditions VI.A
and VI.B above, unless, with respect to such other offering:
    1. The fund's annualized distribution rate for the six months
ending on the last day of the month ended immediately prior to the most
recent distribution declaration date,\4\ expressed as a percentage of
NAV per share as of such date, is no more than 1 percentage point
greater than the fund's average annual total return for the 5-year
period ending on such date; \5\ and
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    \4\ If the fund has been in operation fewer than six months, the
measured period will begin immediately following the fund's first
public offering.
    \5\ If the fund has been in operation fewer than five years, the
measured period will begin immediately following the fund's first
public offering.
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    2. The transmittal letter accompanying any registration statement
filed with the Commission in connection with such offering discloses
that the fund has received an order under section 19(b) to permit it to
make periodic distributions of long-term capital gains with respect to
its common stock as frequently as twelve times each year, and as
frequently as distributions are specified in accordance with the terms
of any outstanding preferred stock that such fund may issue.

VII. Amendments to Rule 19b-1

    The requested relief will expire on the effective date of any
amendment to rule 19b-1 that provides relief permitting certain closed-
end investment companies to make periodic distributions of long-term
capital gains with respect to their outstanding common stock as
frequently as twelve times each year.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-26512 Filed 11-3-09; 8:45 am]

BILLING CODE 8011-01-P