[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53674-53676]
[FR Doc No: 2020-19138]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0503]
RIN 1625-AA00

Emergency Safety Zone; Red River, Avoyelles Parish, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
emergency purposes for all waters of the Red River (RR), extending from
River Mile Marker (MM) 34 through MM 39. The emergency safety zone is
needed to protect persons, property, infrastructure, and the marine
environment from the potential safety hazards associated with the
dredging operations being conducted on the Red River, in the vicinity
of Avoyelles Parish, LA. Deviation from the safety zone is prohibited
unless specifically authorized by the Captain of the Port Lower
Mississippi River or a designated representative.

DATES: This rule is effective without actual notice from August 31,
2020 through August 31, 2020, or until all dredge work is complete,
whichever occurs earlier. For the purposes of enforcement, actual
notice will be used from August 13, 2020 through August 31, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0503 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MSTC Lindsey Swindle, U.S. Coast Guard; telephone 901-
521-4813, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM River Mile Marker
NPRM Notice of proposed rulemaking
RR Red River
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because shoaling and falling water levels in
the vicinity of Avoyelles Parish, LA has greatly reduced the width of
the navigable channel, impeding the safe navigation of vessel traffic
and immediate action is needed to protect persons and property.
Completing the full NPRM process is impracticable because we must
establish this safety zone as soon as possible.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the dredge operations in the vicinity of
Avoyelles Parish, LA.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) Lower
Mississippi River (LMR) has determined that potential hazards
associated with the dredge effort will be a safety concern for anyone
within a mile radius of the dredge vessels and machinery. This rule is
needed to protect persons, property, infrastructure, and the marine
environment in all waters of the RR within the safety zone while dredge
operations are being conducted.

IV. Discussion of the Rule

    This rule establishes a temporary emergency safety zone from August
13, 2020 through August 31, 2020, or until all dredge work is complete,
whichever occurs earlier. The safety zone will cover all waters of the
RR from MM 34

through MM 39, extending the entire width of the river. The safety zone
will only be activated when dredge operations precludes safe navigation
of the established channel. The duration of the zone is intended to
protect persons, property, infrastructure, and the marine environment
in these navigable waters while dredging is being conducted. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This emergency safety zone
will temporarily restrict navigation on the RR from MM 34 through MM 39
in the vicinity of Avoyelles Parish, LA, from August 13, 2020 through
August 31, 2020, or until all dredge work is complete, whichever occurs
earlier. The Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 informing the public of the times that the
zone will be activated, and the rule would allow vessels to seek
permission to enter the zone on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
temporary emergency safety zone on the RR from MM 34 through MM 39,
that will prohibit entry into this zone unless permission has been
granted by the COTP Lower Mississippi or a designated representative.
The safety zone will only be enforced while dredge operations preclude
the safe navigation of the established channel. It is categorically
excluded from further review under paragraph L60(d) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0503 to read as follows:

Sec.  165.T08-0503  Emergency Safety Zone; Red River, Avoyelles Parish,
LA.

    (a) Location. The following area is a safety zone: All waters of
the Red River from MM 34 through MM 39.
    (b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone or email. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
    (c) Enforcement period. This section will be enforced as needed
from August 13, 2020 through August 31, 2020, or until all dredge work
is complete, whichever occurs earlier. Periods of activation will be
promulgated by Broadcast Notice to Mariners.

    Dated: August 13, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Lower Mississippi River.
[FR Doc. 2020-19138 Filed 8-28-20; 8:45 am]
BILLING CODE 9110-04-P


<

<

<

<ENVIRONMENTAL PROTECTION AGENCY>

<[EPA–HQ–OPP–2008–0522; FRL–XXXX–X]>

<Proposed Five-Year Strategy, 2008-2013, of the North American Free
Trade Agreement Technical Working Group on Pesticides; Notice of
Availability >

<<AGENCY:> <Environmental Protection Agency (EPA).>>

<<ACTION:> <Notice.>>

<<SUMMARY:> <EPA is releasing for public comment the proposed Five-Year
Strategy, 2008-2013, of the North American Free Trade Agreement
Technical Working Group on Pesticides. In this document, the North
American Free Trade Agreement (NAFTA) Technical Working Group (TWG) on
Pesticides states its goal to create an aligned North American
registration system for pesticides and products treated with pesticides
and make work-sharing a way of doing business.  The strategic objectives
are to: provide U.S., Canadian and Mexican growers with equal access
to—and at the same time introduction of—pest management tools,
including safer alternatives; work cooperatively to re-evaluate and
reregister older pesticides using each country’s re-evaluation
programs to the fullest extent possible to increase efficiency; and
integrate smart business approaches and practices into NAFTA TWG work.>>

<<DATES:> <Comments must be received on or before <[insert date] 30 days
after date of publication in the> <Federal Register>>>

<<ADDRESSES:> <Submit your comments, identified by docket identification
(ID) number EPA–HQ–OPP–2008–0522, by one of the following
methods:>

<	• <Federal eRulemaking Portal>: <http://www.regulations.gov>. Follow
the on-line instructions for submitting comments.>

<	• <Mail>: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW, Washington, DC 20460–0001.>

<	• <Delivery>: OPP Regulatory Public Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries are only accepted during the
Docket’s normal hours of operation (8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays). Special arrangements should
be made for deliveries of boxed information. The Docket Facility
telephone number is (703) 305–5805.>

<	<Instructions>:  Direct your comments to docket ID number
EPA-HQ-OPP-2008-0522.  EPA's policy is that all comments received will
be included in the docket without change and may be made available
on-line at <http://www.regulations.gov>, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or
e-mail.  The regulations.gov website is an “anonymous access”
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.  If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet.  If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit.  If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.  Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.>

<	<Docket>: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
<http://www.regulations.gov>, select “Advanced Search,” then
“Docket Search.”  Insert the docket ID number where indicated and
select the “Submit” button. Follow the instructions on the
regulations.gov website to view the docket index or access available
documents. Although listed in the index, some information is not
publicly available, e.g., CBI or other information whose disclosure is
restricted by statute.  Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at <  HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov >, or, if only
available in hard copy, at the OPP Regulatory Public Docket in Rm.
S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The hours of operation of this Docket Facility are from
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
The Docket Facility telephone number is (703) 305–5805.>>

<<FOR FURTHER INFORMATION CONTACT:> <Lorry Frigerio, Field and External
Affairs Division, Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
<<SUPPLEMENTARY INFORMATION:>

<I. General Information>

<A. Does this Action Apply to Me?>

<	You may be potentially affected by this action if you are a U.S.,
Canadian or Mexican grower, registrant, researcher, manufacturer,
operator, distributor or government regulator of pesticide products in
one of the NAFTA countries, as well as an public group or member of the
public interested in their use. >

<	If you have any questions regarding the applicability of this action
to a particular entity, consult the person listed under <FOR FURTHER
INFORMATION CONTACT>.>

<B. What Should I Consider as I Prepare My Comments for EPA?>

<	1. <Submitting CBI>.  Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI.  For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI.  In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information claimed
as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.>

<	2. <Tips for preparing your comments>.  When submitting comments,
remember to:>

<	i. Identify the document by docket ID number and other identifying
information (subject heading, <Federal Register> date and page number).>

<	ii. Follow directions.  The Agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.>

<	iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.>

<	iv. Describe any assumptions and provide any technical information
and/or data that you used.>

<	v. If you estimate potential costs or burdens, explain how you arrived
at your estimate in sufficient detail to allow for it to be reproduced.>

<	vi. Provide specific examples to illustrate your concerns and suggest
alternatives.>

<	vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.>

<	viii. Make sure to submit your comments by the comment period deadline
identified.>

<II. What Action is the Agency Taking?>

<	The Agency is releasing for public comment the proposed Five-Year
Strategy, 2008-2013, of the North American Free Trade Agreement
Technical Working Group on Pesticides. It can be found in docket ID
number EPA–HQ–OPP–2008–0522.  EPA and its North American
counterparts, Pest Management Regulatory Agency (PMRA) of Canada and
Secretaría de Agricultura, Ganadería, Desarrollo Rural, Pesca y
Alimentatíon (SAGARPA) of Mexico, provide overall guidance and policy
direction in developing easier and less expensive pesticide regulation
and trade among the three countries and in meeting the environmental,
ecological and human health objectives of NAFTA.>

<	The Five-Year Strategy will guide the TWG’s future work and
direction.  It reflects the collective goal of creating an aligned North
American registration system for pesticides and for products treated
with pesticides as well as a commitment to partners. It also presents
the NAFTA TWG governance structure. The environment within which the TWG
operates is constantly changing.  A number of drivers, both external and
internal, are critical in influencing TWG’s strategic directions.
They define the work that the TWG must deliver to meet stakeholder needs
and improve overall outcomes.  The TWG aims to ensure it is well
positioned to take advantage of opportunities, monitor trends and assess
implications.>

<>

<>

<<List of Subjects>

<	Environmental protection, harmonization of data requirements, human
safety and science issues, effective communication and planning,
maintaining high international standards, performance measurement and
evaluation.>>

<>

<<Dated: <__________>>

<>

<<___________________>>

<>

<Director, Office of Pesticide Programs>>>

<>

<[FR Doc. 08–????? Filed ??–??–08; 8:45 am]>

<BILLING CODE 6560–50–S>>>

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[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39923-39925]
[FR Doc No: 2017-17688]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81410; File No. TP 17-10]

Order Granting Limited Exemptions From Exchange Act Rule 10b-17
and Rules 101 and 102 of Regulation M to IQ Real Return ETF Pursuant to
Exchange Act Rule 10b-17(b)(2) and Rules 101(d) and 102(e) of
Regulation M

August 16, 2017.
    By letter dated August 16, 2017 (the ``Letter''), as supplemented
by conversations with the staff of the Division of Trading and Markets,
counsel for IndexIQ ETF Trust (the ``Trust''), on behalf of the Trust
and one of its investment portfolios, the IQ Real Return ETF (the
``Fund''), NYSE Arca, Inc. (``NYSE Arca'') or other national securities
exchanges on or through which shares issued by the Fund (``Shares'')
may subsequently trade, ALPS Distributors, Inc. (the ``Distributor''),
and persons or entities engaging in transactions in Shares
(collectively, the ``Requestors''), requested exemptions, or
interpretive or no-action relief, from Rule 10b-17 of the Securities
Exchange Act of 1934, as amended (``Exchange Act''), and Rules 101 and
102 of Regulation M, in connection with secondary market transactions
in Shares and the creation or redemption of aggregations of Shares of
at least 50,000 shares (``Creation Units'').
    The Trust is registered with the Securities and Exchange Commission
(``Commission'') under the Investment Company Act of 1940, as amended
(``1940 Act''), as an open-end management investment company. The Fund
is a ``fund of funds'' that is passively managed according to an index.
The Fund is designed to track the performance of the IQ Real Return
Index (``Index''), which seeks to provide investors with a hedge
against the U.S. inflation rate by providing a ``real return,'' or a
return above the rate of inflation, as represented by the Consumer
Price Index (``CPI'').
    At least 80% of the Fund's portfolio holdings are, and will be,
shares of some or all of the exchange-traded products (``ETPs'') that
constitute the Index. The Fund operates in a manner very similar to
that of the ETPs held in its portfolio. Some or all of the remaining
20% may be invested in securities that are not Index constituents that
the Fund's adviser believes will help the Fund track the Index, as well
as cash, cash equivalents and various types of financial instruments
including, but not

limited to, futures contracts, swap agreements, forward contracts,
reverse repurchase agreements, and options on securities, indices, and
futures contracts. In no case will the Fund hold any non-ETP equity
security issued by a single issuer in excess of 20% of the Fund's
portfolio holdings.
    The Letter states that the Fund is relying on Class Relief Letters
(as defined in the Letter), but is seeking individual relief for the
same reasons as did nine other investment portfolios of the Trust \1\--
that is, to manage a portfolio with less than twenty ``Component
Securities'' that, from time to time, might also hold also hold a
Component Security in excess of 25% of the total value of such
portfolio.\2\
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    \1\ See Order Granting Limited Exemptions from Exchange Act Rule
10b-17 and Rules 101 and 102 of Regulation M, Exchange Act Rel. No.
77779 (May 6, 2016); Letter from Josephine J. Tao, Esq., Assistant
Director, Division of Trading and Markets, to Kathleen H. Moriarty,
Esq., Katten Muchin Rosenman LLP (Mar. 25, 2009) (revised Apr. 2,
2009).
    \2\ Cf. Letter from James A. Brigagliano, Esq., Acting Associate
Director, Division of Market Regulation, to Stuart M. Strauss, Esq.,
Clifford Chance US LLP (Oct. 24, 2006) (granting relief to exchange-
traded funds (``ETFs'') that, among other things, consist of a
basket of twenty or more ``Component Securities'' with no one
``Component Security'' constituting more than 25% of the total value
of the exchange-traded fund).
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    The Requestors represent, among other things, the following:
     Shares of the Fund will be issued by the Trust, an open-
end management investment company that is registered with the
Commission;
     The Trust will continuously redeem Creation Units at net
asset value (``NAV''), and the secondary market price of the Shares
should not vary substantially from the NAV of such Shares;
     Shares of the Fund will be listed and traded on the NYSE
Arca (the ``Exchange'') or other exchange in accordance with exchange
listing standards that are, or will become, effective pursuant to
Section 19(b) of the Exchange Act;
     Each ETP in which the Fund is invested will meet all
conditions set forth in a relevant class relief letter,\3\ or will have
received individual relief from the Commission;
---------------------------------------------------------------------------

    \3\ Letter from Josephine Tao, Assistant Director, Division of
Trading and Markets, to Domenick Pugliese, Esq., Paul, Hastings,
Janofsky and Walker LLP (June 27, 2007); Letter from James A.
Brigagliano, Associate Director, Division of Market Regulation, to
Benjamin Haskin, Esq., Willkie, Farr & Gallagher LLP (Apr. 9, 2007);
Letter from James A. Brigagliano, Acting Associate Director,
Division of Market Regulation, to Stuart M. Strauss, Esq., Clifford
Chance US LLP (Oct. 24, 2006); Letter from Racquel L. Russell,
Branch Chief, Division of Market Regulation, to George T. Simon,
Esq., Foley & Lardner LLP (June 21, 2006); Letter from Catherine
McGuire, Esq., Chief Counsel, Division of Market Regulation, to the
Securities Industry Association Derivative Products Committee (Nov.
21, 2005); see also Staff Legal Bulletin No. 9, ``Frequently Asked
Questions About Regulation M'' (Apr. 12, 2002) (regarding actively
managed ETFs).
---------------------------------------------------------------------------

     The value of the Index will be publicly disseminated by a
major market data vendor throughout the trading day, and all of the
components of the Index will have publicly available last sale trade
information;
     On each business day before the opening of business on the
Exchange, the Fund's custodian, through the National Securities
Clearing Corporation, will make available the list of the names and the
numbers of securities and other assets of the Fund's portfolio that
will be applicable that day to creation and redemption requests;
     The Exchange or other market information provider will
disseminate every 15 seconds throughout the trading day through the
facilities of the Consolidated Tape Association an amount representing
the current value of the cash and securities held in the portfolio of
the Fund (not including corporate actions, expenses, and other
adjustments made to such portfolio throughout the day) (``Estimated
NAV'');
     At least 80% of the Fund's portfolio holdings are, and
will be, shares of some or all of the ETPs that are the Index
constituents;
     The Fund will invest in securities that will facilitate an
effective and efficient arbitrage mechanism and the ability to create
workable hedges;
     The Requestors believe that arbitrageurs can be expected
to take advantage of price variations between the Fund's market price
and its NAV;
     The arbitrage mechanism will be facilitated by the
transparency of the Fund's portfolio and the availability of the
Estimated NAV, the liquidity of securities and other assets held by the
Fund, and the ability to acquire such securities, as well as
arbitrageurs' ability to create workable hedges; and
     A close alignment between the market price of Shares and
the Fund's NAV is expected.

Regulation M

    While redeemable securities issued by an open-end management
investment company are excepted from the provisions of Rule 101 and 102
of Regulation M, the Requestors may not rely upon that exception for
the Shares.\4\ However, we find that it is appropriate in the public
interest, and is consistent with the protection of investors, to grant
a limited exemption from Rules 101 and 102 to persons who may be deemed
to be participating in a distribution of Shares and the Fund as
described in more detail below.
---------------------------------------------------------------------------

    \4\ While ETFs operate under exemptions from the definitions of
``open-end company'' under section 5(a)(1) of the 1940 Act and
``redeemable security'' under section 2(a)(32) of the 1940 Act, the
Fund and its securities do not meet those definitions.
---------------------------------------------------------------------------

Rule 101 of Regulation M

    Generally, Rule 101 of Regulation M is an anti-manipulation rule
that, subject to certain exceptions, prohibits any ``distribution
participant'' and its ``affiliated purchasers'' from bidding for,
purchasing, or attempting to induce any person to bid for or purchase,
any security which is the subject of a distribution until after the
applicable restricted period, except as specifically permitted in the
rule. Rule 100 of Regulation M defines ``distribution'' to mean any
offering of securities that is distinguished from ordinary trading
transactions by the magnitude of the offering and the presence of
special selling efforts and selling methods. The provisions of Rule 101
of Regulation M apply to underwriters, prospective underwriters,
brokers, dealers, or other persons who have agreed to participate or
are participating in a distribution of securities. The Shares are in a
continuous distribution and, as such, the restricted period in which
distribution participants and their affiliated purchasers are
prohibited from bidding for, purchasing, or attempting to induce others
to bid for or purchase extends indefinitely.
    Based on the representations and facts presented in the Letter,
particularly that the Trust is a registered open-end management
investment company that will continuously redeem at the NAV Creation
Unit size aggregations of the Shares of the Fund and that a close
alignment between the market price of Shares and the Fund's NAV is
expected, the Commission finds that it is appropriate in the public
interest, and consistent with the protection of investors, to grant the
Trust an exemption under paragraph (d) of Rule 101 of Regulation M with
respect to Shares of the Fund, thus permitting persons participating in
a distribution of Shares of the Fund to bid for or purchase such Shares
during their participation in such distribution.\5\
---------------------------------------------------------------------------

    \5\ Additionally, we confirm the interpretation that a
redemption of Creation Unit size aggregations of Shares of the Fund
and the receipt of securities in exchange by a participant in a
distribution of Shares of the Fund would not constitute an ``attempt
to induce any person to bid for or purchase, a covered security
during the applicable restricted period'' within the meaning of Rule
101 of Regulation M and, therefore, would not violate that rule.

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

Rule 102 of Regulation M

    Rule 102 of Regulation M prohibits issuers, selling security
holders, or any affiliated purchaser of such person from bidding for,
purchasing, or attempting to induce any person to bid for or purchase a
covered security during the applicable restricted period in connection
with a distribution of securities effected by or on behalf of an issuer
or selling security holder.
    Based on the representations and facts presented in the Letter,
particularly that the Trust is a registered open-end management
investment company that will redeem at the NAV Creation Units of Shares
of the Fund and that a close alignment between the market price of
Shares and the Fund's NAV is expected, the Commission finds that it is
appropriate in the public interest, and consistent with the protection
of investors, to grant the Trust an exemption under paragraph (e) of
Rule 102 of Regulation M with respect to Shares of the Fund, thus
permitting the Fund to redeem Shares of the Fund during the continuous
offering of such Shares.

Rule 10b-17

    Rule 10b-17, with certain exceptions, requires an issuer of a class
of publicly traded securities to give notice of certain specified
actions (for example, a dividend distribution) relating to such class
of securities in accordance with Rule 10b-17(b). Based on the
representations and facts presented in the Letter, and subject to the
conditions below, we find that it is appropriate in the public
interest, and consistent with the protection of investors, to grant the
Trust a conditional exemption from Rule 10b-17 because market
participants will receive timely notification of the existence and
timing of a pending distribution, and thus the concerns that the
Commission raised in adopting Rule 10b-17 will not be implicated.\6\
---------------------------------------------------------------------------

    \6\ We also note that timely compliance with Rule 10b-
17(b)(1)(v)(a) and (b) would be impractical because it is not
possible for the Fund to accurately project ten days in advance what
dividend, if any, would be paid on a particular record date.
Further, the Commission finds, based upon the representations in the
Letter, that the provision of the notices as described in the Letter
would not constitute a manipulative or deceptive device or
contrivance comprehended within the purpose of Rule 10b-17.
---------------------------------------------------------------------------

Conclusion

    It is hereby ordered, pursuant to Rule 101(d) of Regulation M, that
the Trust, based on the representations and the facts presented in the
Letter, is exempt from the requirements of Rule 101 with respect to
Shares of the Fund, thus permitting persons who may be deemed to be
participating in a distribution of Shares of the Fund to bid for or
purchase such Shares during their participation in such distribution.
    It is further ordered, pursuant to Rule 102(e) of Regulation M,
that the Trust, based on the representations and the facts presented in
the Letter, is exempt from the requirements of Rule 102 with respect to
Shares of the Fund, thus permitting the Fund to redeem Shares of the
Fund during the continuous offering of such Shares.
    It is further ordered, pursuant to Rule 10b-17(b)(2), that the
Trust, based on the representations and the facts presented in the
Letter, and subject to the conditions below, is exempt from the
requirements of Rule 10b-17 with respect to transactions in the Shares
of the Fund.
    This exemptive relief is subject to the following conditions:
     The Trust will comply with Rule 10b-17 except for Rule
10b-17(b)(1)(v)(a) and (b); and
     The Trust will provide the information required by Rule
10b-17(b)(1)(v)(a) and (b) to the Exchange as soon as practicable
before trading begins on the ex-dividend date, but in no event later
than the time when the Exchange last accepts information relating to
distributions on the day before the ex-dividend date.
    This exemptive relief is subject to modification or revocation at
any time the Commission determines that such action is necessary or
appropriate in furtherance of the purposes of the Exchange Act. This
exemption is based on the facts presented and the representations made
in the Letter. Any different facts or representations may require a
different response. Persons relying upon this exemptive relief shall
discontinue transactions involving the Shares of the Fund, pending
presentation of the facts for the Commission's consideration, in the
event that any material change occurs with respect to any of the facts
or representations made by the Requestors and, as is the case with all
preceding letters, particularly with respect to the close alignment
between the market price of Shares and the Fund's NAV. In addition,
persons relying on this exemptive relief are directed to the anti-fraud
and anti-manipulation provisions of the Exchange Act, particularly
Sections 9(a) and 10(b), and Rule 10b-5 thereunder. Responsibility for
compliance with these and any other applicable provisions of the
federal securities laws must rest with the persons relying on this
exemptive relief.
    This Order should not be considered a view with respect to any
other question that the proposed transactions may raise, including, but
not limited to the adequacy of the disclosure concerning, and the
applicability of other federal or state laws to, the proposed
transactions.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(6) and (9).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-17688 Filed 8-21-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54489-54491]
[FR Doc No: 2022-19139]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP22-501-000, PF22-6-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of
Application and Establishing Intervention Deadline

    Take notice that on August 22, 2022, Transcontinental Gas Pipe Line
Company, LLC (Transco), 2800 Post Oak Boulevard, Houston, Texas 77056-
6106, filed in the above referenced docket an application pursuant to
section 7(c) of the Natural Gas Act (NGA) and Part 157 of the
Commission's regulations for its proposed Southeast Energy Connector
Project (Project). Specifically, Transco proposes to: (1) construct
approximately 1.90 miles of 42-inch-diameter pipeline loop on its
existing Mainline E in Chilton and Coosa Counties, Alabama; (2) remove
existing pig traps at Mileposts 909.63 and 911.53 on its Mainline E;
and (3) install an additional 11,110 ISO-rated horsepower gas-fired,
turbine-driven compressor unit and modify three existing compressor
units at its Compressor Station 105 in Coosa County, Alabama. Transco
states that

the Project will provide an additional 150,000 dekatherms per day of
firm transportation service to Ernest C. Gaston Electric Generating
Plant in Shelby County, Alabama. Transco estimates the cost of the
Project to be $154,907,369, all as more fully set forth in the request
which is on file with the Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Andre Pereira, Regulatory Analyst, Lead, Transcontinental Gas Pipe Line
Company, LLC, P.O. Box 1396, Houston, Texas 77251-1396, by telephone at
(713) 215-4362 or by email at [email protected].
    On April 18, 2022, the Commission granted the Applicant's request
to utilize the National Environmental Policy Act Pre-Filing Process and
assigned Docket No. PF22-6-000 to staff activities involved in the
Project. Now, as of the filing of the August 22, 2022 application, the
Pre-Filing Process for this project has ended. From this time forward,
this proceeding will be conducted in Docket No. CP22-501-000 as noted
in the caption of this Notice.
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are two ways to become involved in the Commission's review of
this project: you can file comments on the project, and you can file a
motion to intervene in the proceeding. There is no fee or cost for
filing comments or intervening. The deadline for filing a motion to
intervene is 5:00 p.m. Eastern Time on September 20, 2022.

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be. To ensure that your comments
are timely and properly recorded, please submit your comments on or
before September 20, 2022.
    There are three methods you can use to submit your comments to the
Commission. In all instances, please reference the Project docket
number CP22-501-000 in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; first select ``General'' and then select ``Comment on a
Filing''; or
    (3) You may file a paper copy of your comments by mailing them to
the following address below.\2\ Your written comments must reference
the Project docket number (CP22-501-000).
---------------------------------------------------------------------------

    \2\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426.
    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\3\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
---------------------------------------------------------------------------

    \3\ 18 CFR 385.102(d).
---------------------------------------------------------------------------

    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is September 20, 2022. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.

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

    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number CP22-501-000 in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below.\6\
Your motion to intervene must reference the Project docket number CP22-
501-000.
---------------------------------------------------------------------------

    \6\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
---------------------------------------------------------------------------
First Street NE, Washington, DC 20426.

    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail or email at: Andre Pereira, Regulatory Analyst, Lead,
Transcontinental Gas Pipe Line Company, LLC, P.O. Box 1396, Houston,
Texas 77251-1396 or by email at [email protected]. Any
subsequent submissions by an intervenor must be served on the applicant
and all other parties to the proceeding. Contact information for
parties can be downloaded from the service list at the eService link on
FERC Online. Service can be via email with a link to the document.
    All timely, unopposed \7\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\8\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\9\ A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
---------------------------------------------------------------------------

    \7\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \8\ 18 CFR 385.214(c)(1).
    \9\ 18 CFR 385.214(b)(3) and (d).
---------------------------------------------------------------------------

Tracking the Proceeding

    Throughout the proceeding, additional information about the
projects will be available from the Commission's Office of External
Affairs, at (866) 208-FERC, or on the FERC website at www.ferc.gov
using the ``eLibrary'' link as described above. The eLibrary link also
provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on September 20,
2022.

    Dated: August 30, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-19139 Filed 9-2-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Notices]
[Page 63572-63573]
[DOCID:fr09no07-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12916-000]

FFP Project 59, LLC; Notice of Application Accepted for Filing
and Soliciting Comments, Motions to Intervene, and Protests

November 2, 2007.
    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: P-12916-000.
    c. Date Filed: August 6, 2007.
    d. Applicant: FFP Project 59, LLC.
    e. Name of the Project: Mobile Island Project.
    f. Location: The project would be located on the Mississippi River
in St. Charles County, Missouri and Madison County, Illinois. The
project uses no dam or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicants Contact: Mr. Dan Irvin, FFP Project 59, LLC, 69
Bridge Street, Manchester, MA 01944, phone<PHONE_NUMBER>.
    i. FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12916-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of:
(1) 950 proposed 20-kilowatt Free Flow generating units having a total
installed capacity of 19-megawatts, (2) a proposed transmission line,
and (3) appurtenant facilities. The project would have an average
annual generation of 8.322-gigawatt-hours and be sold to a local
utility.
    l. Location of Application: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's web site at http://www.ferc.gov

under the ``e-Filing'' link.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents

must be filed by providing the original and the number of copies
provided by the Commission's regulations to: The Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. An additional copy must be sent to Director, Division of
Hydropower Administration and Compliance, Federal Energy Regulatory
Commission, at the above-mentioned address. A copy of any notice of
intent, competing application or motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-22024 Filed 11-8-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Page 57898]
[FR Doc No: 2016-20279]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff will attend the following
meeting related to the Midcontinent Independent System Operator, Inc.
(MISO)--PJM Interconnection, L.L.C. (PJM) Joint and Common Market
Initiative (Docket No. AD14-3-000):
    MISO/PJM Joint Stakeholder Meeting--August 23, 2016.
    The above-referenced meeting will be held at: PJM Conference &
Training Center, 2750 Monroe Boulevard, Audubon, PA 19403.
    The above-referenced meeting is open to the public.
    Further information may be found at www.pjm.com.
    The discussions at the meeting described above may address matters
at issue in the following proceedings:

Docket No. EL13-88, Northern Indiana Public Service Company v.
Midcontinent Independent System Operator, Inc. and PJM Interconnection,
L.L.C.
Docket No. ER11-1844, Midwest Independent Transmission System Operator,
Inc.
Docket Nos. ER13-1924, ER13-1926, ER13-1944, ER15-2200, PJM
Interconnection, L.L.C.
Docket No. ER14-1736, Midcontinent Independent System Operator, Inc.
Docket Nos. EL15-99, EL16-12, Internal MISO Generation v. Midcontinent
Independent System Operator, Inc.
Docket No. ER16-1967-000, PJM Interconnection, L.L.C.
Docket No. ER10-1791, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER16-1969, Midcontinent Independent System Operator, Inc.

    For more information, contact Bahaa Seireg, Office of Energy Policy
and Innovation, Federal Energy Regulatory Commission at<PHONE_NUMBER>
or<EMAIL_ADDRESS>
    Dated: August 17, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-20279 Filed 8-23-16; 8:45 am]
 BILLING CODE 6717-01-P


Comment Info: =================

General Comment:FEDERAL REGISTER NOTICE FOR THE NEXUS SPECIAL PERMIT REQUEST PHMSA-2016-0009


[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29765-29766]
[FR Doc No: 2013-12017]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-B-1316]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR Part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has ninety (90)
days in which to request through the community that the Deputy
Associate Administrator for Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR Part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and county           Location and  case      officer  of        Community map        Letter of  map       Effective date of     Community
                                          No.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Texas: Tarrant..................  City of Fort Worth   The Honorable       Department of       http://www.rampp-      June 14, 2013........       480596
                                   (12-06-3052P).       Betsy Price,        Transportation      team.com/lomrs.htm.
                                                        Mayor, City of      and Public Works,
                                                        Fort Worth, 1000    1000 Throckmorton
                                                        Throckmorton        Street, Fort
                                                        Street, Fort        Worth, TX 76102.
                                                        Worth, TX 76102.
Virginia:.......................
    Culpeper....................  Town of Culpeper     Mr. Christopher D.  Town Manager's      http://www.rampp-      June 10, 2013........       510042
                                   (12-03-0844P).       Hively, Acting      Office, 400 South   team.com/lomrs.htm.
                                                        Manager, Town of    Main Street,
                                                        Culpeper, 400       Suite 101,
                                                        South Main          Culpeper, VA
                                                        Street, Suite       22701.
                                                        101, Culpeper, VA
                                                        22701.
    Fauquier....................  Town of Warrenton    The Honorable       Town Hall, 18       http://www.rampp-      May 2, 2013..........       510057
                                   (13-03-0051P).       George B. Fitch,    Court Street,       team.com/lomrs.htm.
                                                        Mayor, Town of      Warrenton, VA
                                                        Warrenton P.O.      20186.
                                                        Drawer 341,
                                                        Warrenton, VA
                                                        20188.

    Loudoun.....................  Town of Leesburg     The Honorable       Town Hall, 25 West  http://www.rampp-      June 27, 2013........       510091
                                   (13-03-0417P).       Kristen C.          Market Street,      team.com/lomrs.htm.
                                                        Umstattd, Mayor,    Leesburg, VA
                                                        Town of Leesburg,   20176.
                                                        25 West Market
                                                        Street, Leesburg,
                                                        VA 20176.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-12017 Filed 5-20-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Notices]
[Pages 964-966]
[FR Doc No: 2012-31753]

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

[Release No. IC-30332]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

December 28, 2012.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
December 2012. A copy of each 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>. An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by writing to the
SEC's Secretary at the address below and serving the relevant applicant
with a copy of the request, personally or by mail. Hearing requests
should be received by the SEC by 5:30 p.m. on January 22, 2013, and
should be accompanied by proof of service on the applicant, 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
Secretary, U.S. Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Office of Investment Company
Regulation, 100 F Street NE., Washington, DC 20549-8010.

Yacktman Fund Inc. [File No. 811-6628]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. The applicant transferred its assets to a
series of Managers AMG Funds, and on June 29, 2012, made a final
distribution to its shareholders based on net asset value. Expenses of
$2,889,552 incurred in connection with the reorganization were paid by
Yacktman Asset Management Co., applicant's investment adviser, and
Managers Investment Group LLC, the surviving fund's investment adviser.
    Filing Dates: The application was filed on October 4, 2012 and
amended on December 11, 2012.
    Applicant's Address: 6300 Bridgepoint Pkwy., Building One, Suite
320, Austin, TX 78730.

Dreyfus BASIC U.S. Government Money Market Fund [File No. 811-6606]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 11, 2012, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of approximately $608 incurred in connection with the
liquidation were paid by the Dreyfus Corporation, applicant's
investment adviser.
    Filing Dates: The application was filed on October 12, 2012 and
amended on December 6, 2012.
    Applicant's Address: c/o The Dreyfus Corporation, 200 Park Ave.,
New York, NY 10166.

Build America Bond Portfolio [File No. 811-22351]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On June 16, 2011, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant incurred no expenses in connection with the liquidation.
    Filing Date: The application was filed on November 30, 2012.
    Applicant's Address: Two International Place, Boston, MA 02110.

Global Growth Portfolio [File No. 811-7303]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. The applicant transferred its assets to
Multi-Cap Growth Portfolio and, on November 2, 2010, made a final
distribution to its shareholders based on net asset value. Expenses of
approximately $47,771 incurred in connection with the reorganization
were paid by applicant.
    Filing Date: The application was filed on November 30, 2012.
    Applicant's Address: Two International Place, Boston, MA 02110.

Multi-Sector Portfolio [File No. 811-22295]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 17, 2011, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant incurred no expenses in connection with the liquidation.
    Filing Date: The application was filed on November 30, 2012.
    Applicant's Address: Two International Place, Boston, MA 02110.

Eaton Vance National Municipal Income Trust [File No. 811-9143]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance Municipal Income Trust and,
on May 28, 2009, made a final distribution to its shareholders based on
net asset value. Expenses of approximately $155,907 incurred in
connection with the reorganization were paid by applicant.
    Filing Date: The application was filed on November 30, 2012.
    Applicant's Address: Two International Place, Boston, MA 02110.

Cash Management Portfolio [File No. 811-8390]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On February 16, 2010, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant incurred no expenses in connection with the liquidation.
    Filing Date: The application was filed on November 30, 2012.
    Applicant's Address: Two International Place, Boston, MA 02110.

Bhirud Funds Inc. [File No. 811-6680]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On November 14, 2012, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of approximately $3,098 incurred in connection with the
liquidation were paid by applicant.
    Filing Date: The application was filed on November 27, 2012.
    Applicant's Address: c/o Bhirud Associates, Inc., 6 Thorndal
Circle, Suite 205, Darien, CT 06820.

Tax Managed Mid Cap Core Portfolio [File No. 811-10597]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On June 16, 2011, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant incurred no expenses in connection with the liquidation.
    Filing Date: The application was filed on November 30, 2012.
    Applicant's Address: Two International Place, Boston, MA 02110.

Special Equities Portfolio [File No. 811-8594]

Small-Cap Portfolio [File No. 811-9915]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On June 8, 2012, each applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicants incurred no expenses in connection with the liquidations.
    Filing Date: The applications were filed on November 30, 2012.
    Applicants' Address: Two International Place, Boston, MA 02110.

Elite Group of Mutual Funds [File No. 811-4804]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. The applicant has transferred its assets to
corresponding series of Cutler Trust and, on September 28, 2012, made a
final distribution to shareholders based on net asset value. Expenses
of $66,843 incurred in connection with the reorganization were paid by
applicant and McCormick Capital Management, Inc., applicant's
investment adviser.
    Filing Date: The application was filed on December 6, 2012.
    Applicant's Address: 1325 4th Ave., Suite 1744, Seattle, WA 98101.

Delaware Investments Arizona Municipal Income Fund, Inc. [File No. 811-
7412]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
transferred its assets to Delaware Investments National Municipal
Income Fund, and on July 1, 2011, applicant made a final distribution
to its shareholders based on net asset value. Expenses of approximately
$85,850 incurred in connection with the reorganization were paid by
applicant, the acquiring fund and Delaware Management Company,
applicant's investment adviser.
    Filing Date: The application was filed on November 20, 2012.
    Applicant's Address: 2005 Market St., Philadelphia, PA 19103-7094.

Delaware Group Tax Free Money Fund [File No. 811-3120]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 13, 2010, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant incurred no expenses in connection with the liquidation.
    Filing Date: The application was filed on November 20, 2012.
    Applicant's Address: 2005 Market St., Philadelphia, PA 19103-7094.

Washington National Variable Annuity Fund A [File No. 811-1661]

    Summary: Applicant, Washington National Variable Annuity Fund A, a
unit investment trust registered under the Investment Company Act of
1940 (the ``Act''), seeks an order declaring that it has ceased to be
an investment company. Washington National Insurance Company
(``Company''), of which Applicant is a separate account, terminated the
offering of Applicant's variable annuity contracts (``Contracts'') in
1978 and has not engaged in any solicitation or marketing activities
with respect to the Contracts for 34 years. Since 1978, the number of
outstanding Contracts declined as a result of surrenders by owners of
the Contracts and deaths of owners or annuitants under their Contracts.
As a result, Applicant currently has only 18 beneficial owners of such
Contracts. Applicant is not making and does not presently propose to
make a public offering of the Contracts. After the deregistration order
requested by the Applicant issues, securityholders under the Contracts
will be promptly notified that certain legal protections afforded to
securityholders of an investment company registered under the Act will
no longer apply to such Fund A securityholders. However, after issuance
of the order, the Company will continue to be responsible for
satisfying all the obligations to securityholders under the Contracts.

    Filing Dates: The application was filed on September 7, 2012.
    Applicant's Address: 11815 N. Pennsylvania Street, Carmel, IN
46032.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-31753 Filed 1-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6680-6681]
[FR Doc No: 2018-03063]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0003]

Hours of Service of Drivers: Application for Exemption; National
Electrical Contractors Association

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

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

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

SUMMARY: FMCSA announces that the National Electrical Contractors
Association (NECA) has applied for an exemption from the requirement to
use an electronic logging device (ELD) to record driver hours-of-
service (HOS) on commercial motor vehicles (CMVs) used by contractors
to install, repair, and maintain the infrastructure of electrical
utilities. NECA believes the ELD requirement unnecessarily burdens its
members' operations. It proposes to continue to use paper to record the
HOS of these drivers. NECA states that CMV operations under the
exemption would achieve a level of safety equivalent to, or greater
than, the level that would be achieved absent the proposed exemption.
FMCSA requests public comment on NECA's application for exemption.

DATES: Comments must be received on or before March 16, 2018.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2018-0003 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE,

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
     Fax: 1-202-493-2251.
     Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email: [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials. If you submit a comment, please include the docket
number for this notice (FMCSA-2018-0003), indicate the specific section
of this document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2018-0003'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

III. Request for Exemption

    The HOS rules (49 CFR part 395) prescribe the drive-time limits and
rest requirements for interstate drivers of CMVs. The rules also
require most drivers of CMVs in interstate commerce, and their motor
carriers, to use ELDs--not handwritten logbooks--to document their HOS
duty status (49 CFR 395.8(a)(1)(i)).
    NECA's 4,000 members are contractors who install, repair and
maintain the infrastructure of electrical utilities. The contractors
employ line workers who drive utility-service CMVs during their duty
day. NECA states that the number of CMV drivers who would be eligible
for this exemption is difficult to estimate; it states that the fleet
of one ``large'' contractor consists of 13,766 CMVs.
    NECA seeks exemption from the requirement that motor carriers and
their CMV drivers use an ELD to record driver HOS. The actual operation
of the CMVs by the line workers is so limited that the ELD requirement
is triggered infrequently. By this application for exemption, NECA
seeks greater ``consistency'' in the regulatory environment in which
its line workers operate. It states that it is ``cumbersome'' to meet
the costs and logistical challenges of recording HOS electronically,
and that the resulting safety benefit is negligible given the limited
scope of the CMV operations of this industry. NECA states that if
provided the exemption, its CMV drivers would remain fully subject to
the HOS standards and continue to record their HOS on the customary
paper RODS. NECA states that its operations under the exemption would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved absent the proposed exemption. A copy of NECA's
application for exemption is available for review in the docket for
this notice.

    Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03063 Filed 2-13-18; 8:45 am]
BILLING CODE 4910-EX-P