[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Notices]
[Pages 62473-62480]
[FR Doc No: 2014-24684]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-31281; File No. 812-14226]

SunAmerica Series Trust, et al.; Notice of Application

October 10, 2014.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application pursuant to Section 6(c) of the
Investment Company Act of 1940, as amended (the ``1940 Act'' or
``Act''), seeking exemptions from Sections 9(a), 13(a), 15(a) and 15(b)
of the 1940 Act and Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder.

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    Applicants: SunAmerica Series Trust, Seasons Series Trust, Anchor
Series Trust, VALIC Company I, and VALIC Company II (each referred to
herein as a ``Trust,'' and collectively as the ``Trusts''), SunAmerica
Asset Management LLC (formerly, SunAmerica Asset Management Corp.
(``SAAMCo''), and The Variable Annuity Life Insurance Company
(``VALIC'') (together with SAAMCo and the Trusts, the ``Applicants'').
    Summary of Application: Applicants request an order granting
exemptions from Sections 9(a), 13(a), 15(a), and 15(b) of the Act and
Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder, in cases where a life
insurance company separate account supporting variable life insurance
contracts (``VLI Account'') holds shares of an existing portfolio of a
Trust (an ``Existing Fund'') or a ``Future Fund,'' \1\ as defined below
(any Existing Fund or Future Fund is referred to herein as a ``Fund'',
and collectively as the ``Funds''), and one or more of the following
other types of investors also hold shares of the Funds: (1) any life
insurance company separate account supporting variable annuity
contracts,

whether or not registered as an investment company with the Commission
(a ``VA Account''), (2) any VLI Account, whether or not registered as
an investment company with the Commission, (3) the investment adviser
or any subadviser to a Fund or affiliated persons of the investment
adviser or subadviser (representing seed money investments in the Fund)
(``Advisers''), (4) any general account of an insurance company
depositor of VA Accounts and/or VLI Accounts (representing seed money
investments in the Fund) (``General Account''); and/or (5) any
qualified group pension or group retirement plan administered by a
trustee outside the separate account context (a ``Plan'' or ``Qualified
Plan'').
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    \1\ As used herein, a ``Future Fund'' is any investment company
(or investment portfolio or series thereof), other than an Existing
Fund, designed to be sold to VA Accounts and/or VLI Accounts and to
which the Applicants or their affiliates may in the future serve as
investment advisers, investment subadvisers, investment managers,
administrators, principal underwriters, or sponsors.

DATES: Filing Date: The application was filed on October 25, 2013, and
amended and restated on January 30, 2014, and September 4, 2014.
    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 Secretary of
the Commission 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 4, 2014, 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 may request notification of a hearing by
writing to the Secretary of the Commission.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-1090. Applicants, AIG Life and Retirement c/o
Mark Matthes, Associate General Counsel, 2919 Allen Parkway, 4th Floor,
Houston, TX 77019.

FOR FURTHER INFORMATION CONTACT: Sonny Oh, Senior Counsel, or Joyce M.
Pickholz, Branch Chief, Disclosure Review Office (Insured Investments),
Division of Investment Management at<PHONE_NUMBER>.

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.htm,
or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. SunAmerica Series Trust was formed as a Massachusetts business
trust on September 11, 1992, and is registered under the Act as an
open-end management investment company (Reg. File No. 811-07238). The
Trust is a series investment company as defined by Rule 18f-2 under the
Act and is currently comprised of forty (40) Funds. The Trust issues a
separate series of shares of beneficial interest for each of its Funds
and has filed a registration statement under the Securities Act of
1933, as amended (the ``1933 Act'') on Form N-1A (Reg. File No. 33-
52742) to register such shares. The Trust may establish additional
Funds in the future and additional classes of shares for such Funds.
Shares of the Funds of the SunAmerica Series Trust are not and will not
be offered to the general public.
    2. Seasons Series Trust was formed as a Massachusetts business
trust on October 10, 1995, and is registered under the Act as an open-
end management investment company (Reg. File No. 811-07725). The Trust
is a series investment company as defined by Rule 18f-2 under the Act
and is currently comprised of twenty-one (21) Funds. The Trust issues a
separate series of shares of beneficial interest for each of its Funds
and has filed a registration statement under the 1933 Act on Form N-1A
(Reg. File No. 333-08653) to register such shares. The Trust may
establish additional Funds in the future and additional classes of
shares for such Funds. Shares of the Funds of the Seasons Series Trust
are not and will not be offered to the general public.
    3. Anchor Series Trust was formed as a Massachusetts business trust
on August 26, 1983, and is registered under the Act as an open-end
management investment company (Reg. File No. 811-03836). The Trust is a
series investment company as defined by Rule 18f-2 under the Act and is
currently comprised of eight (8) Funds. The Trust issues a separate
series of shares of beneficial interest for each of its Funds and has
filed a registration statement under the 1933 Act on Form N-1A (Reg.
File No. 2-86188) to register such shares. The Trust may establish
additional Funds in the future and additional classes of shares for
such Funds. Shares of the Funds of the Anchor Series Trust are not and
will not be offered to the general public.
    4. VALIC Company I (``VC I'') was formed as a Maryland corporation
on December 7, 1984 and is registered under the Act as an open-end
management investment company (Reg. File No. 811-03738). VC I is a
series investment company as defined by Rule 18f-2 under the Act and is
currently comprised of thirty-four (34) separate Funds. VC I issues a
separate series of shares for each of its Funds and has filed a
registration statement under the 1933 Act on Form N-1A (Reg. File No.
2-83631) to register such shares. VC I may establish additional Funds
in the future and additional classes of shares for such Funds. Shares
of the Funds of VC I are not and will not be offered to the general
public.
    5. VALIC Company II (``VC II'') was organized as a Delaware
statutory trust on May 6, 1998, and is registered under the Act as an
open-end management investment company (Reg. File No. 811-08789). VC II
is a series investment company as defined by Rule 18f-2 under the Act
and is currently comprised of fifteen (15) separate Funds. VC II issues
a separate series of shares of beneficial interest for each of its
Funds and has filed a registration statement under the 1933 Act on Form
N-1A (Reg. File No. 333-53589) to register such shares. VC II may
establish additional Funds in the future and additional classes of
shares for such Funds. Shares of the Funds of VC II are not and will
not be offered to the general public.
    6. SAAMCo serves as the investment adviser and manager for all the
Funds of the SunAmerica Series Trust, Seasons Series Trust, and Anchor
Series Trust and serves as the subadviser to certain Funds of VC I and
VC II. SAAMCo is an indirectly and wholly owned subsidiary of American
International Group, Inc. (``AIG'').
    7. VALIC serves as the investment adviser to VC I and VC II and is
a stock life insurance company originally organized as The Variable
Annuity Life Insurance Company of America, located in Washington, DC
and re-organized under the laws of the state of Texas on August 20,
1968. VALIC is an indirectly and wholly owned subsidiary of AIG and is
registered as an investment adviser under the Advisers Act.
    8. The Funds propose to offer their shares to VLI Accounts and VA
Accounts of various life insurance companies (each a ``Participating
Insurance Company,'' and collectively, the ``Participating Insurance
Companies'') to serve as an investment medium to support variable life
insurance contracts (``VLI Contracts'') and variable annuity contracts
(``VA Contracts'') (together, ``Variable Contracts'') issued through
such VLI and VA Accounts. Each VLI Account and VA Account is or will be
established as a segregated asset account by a Participating Insurance
Company pursuant to the insurance law of the insurance company's state
of domicile. As such, the assets of each will be the property of the
Participating Insurance

Company, and that portion of the assets of such a VLI or VA Account
equal to the reserves and other contract liabilities with respect to
the VLI or VA Account will not be chargeable with liabilities arising
out of any other business that the insurance company may conduct. The
income, gains and losses, realized or unrealized, from such a VLI or VA
Account's assets will be credited to or charged against the VLI or VA
Account without regard to other income, gains or losses of the
Participating Insurance Company. If a VLI Account or VA Account is
registered as an investment company, it will be a ``separate account''
as defined by Rule 0-1(e) (or any successor rule) under the Act and
will be registered as a unit investment trust. For purposes of the Act,
the Participating Insurance Company that establishes such a registered
VLI Account or VA Account is the depositor and sponsor of the VLI or VA
Account as those terms have been interpreted by the Commission with
respect to variable life insurance and variable annuity separate
accounts.
    9. The Participating Insurance Companies are currently American
General Life, The United States Life Insurance Company in the City of
New York (``USLIC''), and VALIC. Each Participating Insurance Company
is an indirect subsidiary of AIG. Various other life insurance
companies that are not affiliated persons of American General Life,
USLIC, and VALIC may be, or in the future become, Participating
Insurance Companies. At the current time, the following VLI Accounts
and VA Accounts of American General Life, USLIC, and VALIC invest in
one or more of the Trusts: American General Life: Separate Account 8,
Separate Account 101, Separate Account 102, Separate Account A,
Separate Account D, Separate Account II, Separate Account IV, Separate
Account VA-2, Separate Account VL-R, Separate Account VL-U LIS,
Separate Account VUL, and A.G. Separate Account A; USLIC: Separate
Account USL VA-R, Separate Account USL VL-R and Separate Account USL B;
and VALIC: Separate Account A.
    10. Each Fund will sell its shares to VLI Accounts and VA Accounts
only if each Participating Insurance Company sponsoring such a VLI
Account or VA Account enters into a participation agreement with the
Fund. The participation agreements define or will define the
relationship between each Fund and each Participating Insurance Company
and memorialize or will memorialize, among other matters, the fact
that, except where the agreement specifically provides otherwise, the
Participating Insurance Company will remain responsible for
establishing and maintaining any VLI Account or VA Account covered by
the agreement and for complying with all applicable requirements of
state and federal law pertaining to such VLI and VA Accounts and to the
sale and distribution of Variable Contracts issued through such VLI and
VA Accounts. The role of each Fund under this arrangement, with regard
to the federal securities laws, will consist of offering and selling
shares of the Fund to the VLI Accounts and VA Accounts and fulfilling
any conditions that the Commission may impose in granting the requested
order.
    11. The use of a common management investment company (or
investment portfolio thereof) as an investment medium for both VLI
Accounts and VA Accounts of the same Participating Insurance Company,
or of two or more insurance companies that are affiliated persons of
each other, is referred to herein as ``mixed funding.'' The use of a
common management investment company (or investment portfolio thereof)
as an investment medium for VLI Accounts and/or VA Accounts of two or
more Participating Insurance Companies that are not affiliated persons
of each other, is referred to herein as ``shared funding.''
    12. Applicants propose that each Fund offer and sell its shares
directly to Plans and assert that Federal tax law permits investment
companies such as the Funds to increase their net assets by selling
shares to Plans.
    13. Plans may invest in shares of an investment company as the sole
investment under the Plan, or as one of several investments. Plan
participants may or may not be given an investment choice depending on
the terms of the Plan itself. The trustees or other fiduciaries of a
Plan may vote investment company shares held by the Plan in their own
discretion or, if the applicable Plan so provides, vote such shares in
accordance with instructions from participants in such Plan. Applicants
have no control over whether trustees or other fiduciaries of Plans,
rather than participants in the Plans, have the right to vote under any
particular Plan. Each Plan must be administered in accordance with the
terms of the Plan and as determined by its trustee or trustees.
    14. Applicants propose that any Fund may also sell shares to its
Adviser. The Treasury Regulations permit such sales as long as the
return on shares held by an Adviser is computed in the same manner as
shares held by VLI Accounts and VA Accounts, the Adviser does not
intend to sell the shares to the public, and sales to the Adviser are
only made in connection with the creation or management of the Fund for
the purpose of providing seed money for the Fund.
    15. Applicants propose that any Fund may also sell shares to a
General Account of a Participating Insurance Company. The Treasury
Regulations permit such sales as long as the return on shares held by a
General Account is computed in the same manner as for shares held by
VLI Accounts and VA Accounts and the Participating Insurance Company
does not intend to sell the shares to the public.
    16. The use of a common management investment company (or
investment portfolio thereof) as an investment medium for VLI Accounts,
VA Accounts, Plans, Advisers, and General Accounts is referred to
herein as ``extended mixed funding.''

Applicants' Legal Analysis

    1. Section 9(a)(3) of the Act makes it unlawful for any company to
serve as an investment adviser or principal underwriter of any
investment company, including a unit investment trust, if an affiliated
person of that company is subject to disqualification enumerated in
Section 9(a)(1) or (2) of the Act. Sections 13(a), 15(a), and 15(b) of
the Act have been deemed by the Commission to require ``pass-through''
voting with respect to an underlying investment company's shares.
    2. Rules 6e-2(b)(15) and 6e-3(T)(b)(15) under the Act provide
partial exemptions from Sections 9(a), 13(a), 15(a), and 15(b) of the
Act to VLI Accounts supporting certain VLI Contracts and to their life
insurance company depositors under limited circumstances, as described
in the application. Therefore, VLI Accounts, their depositors and their
principal underwriters may not rely on the exemptions provided by Rules
6e-2(b)(15) and 6e-3(T)(b)(15) if shares of the Fund are held by a VLI
Account through which flexible premium VLI Contracts are issued, a VLI
Account of an unaffiliated Participating Insurance Company, a General
Account of a Participating Insurance Company, an Adviser, any VA
Account, or a Plan. Accordingly, Applicants request an order of the
Commission granting exemptions from Sections 9(a), 13(a), 15(a), and
15(b) of the Act, and Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder,
to the extent necessary to permit a scheduled premium VLI Account to
hold shares of Funds when one or more of the following types of
investors also hold shares of the Funds: (1) VA Accounts and VLI
Accounts

(supporting scheduled premium or flexible premium VLI Contracts) of
affiliated and unaffiliated Participating Insurance Companies, (2)
General Accounts, (3) Advisers, or (4) Plans.
    3. Applicants maintain that there is no public policy reason why
VLI Accounts and their Participating Insurance Company depositors (or
principal underwriters) should not be able to rely on the exemptions
provided by Rules 6e-2(b)(15) and 6e-3(T)(b)(15) just because shares of
Funds held by the VLI Accounts are also held by VA Accounts, other VLI
Accounts, an Adviser, a General Account, or a Qualified Plan. Rather,
Applicants assert that the proposed sale of Fund shares to Qualified
Plans, Advisers, and General Accounts may allow for the development of
larger pools of assets, resulting in the potential for greater
investment and diversification opportunities and for decreased expenses
at higher asset levels resulting in greater cost efficiencies.
Similarly, Applicants believe that the proposed sale of Fund shares to
Advisers and General Accounts of Participating Insurance Companies for
seed money may result in the creation of more Funds as investment
options for certain VA Contracts and VLI Contracts than would otherwise
be the case.
    4. For the reasons explained below, Applicants have concluded that
investments by Qualified Plans, Advisers, and General Accounts in the
Funds should not increase the risk of material irreconcilable conflicts
between owners of VLI Contracts and other types of investors or between
owners of VLI Contracts issued by unaffiliated Participating Insurance
Companies.
    5. Consistent with the Commission's authority under Section 6(c) of
the 1940 Act to grant exemptive orders to a class or classes of persons
and transactions, Applicants request exemptions for a class consisting
of Participating Insurance Companies and their VA and VLI Accounts
investing in the Funds, as well as their principal underwriters.
    6. Section 6(c) of the 1940 Act provides, in part, that the
Commission, by order upon application, may conditionally or
unconditionally exempt any person, security or transaction, or any
class or classes of persons, securities or transactions, from any
provision or provisions of the Act, or any rule or regulation
thereunder, if and to the extent that such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policy and
provisions of the Act. The Applicants submit that the exemptions
requested are 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. Accordingly, the Applicants hereby
request that the Commission issue an order under Section 6(c) of the
1940 Act for the exemptions requested herein.
    7. Section 9(a)(3) of the 1940 Act provides, among other things,
that it is unlawful for any company to serve as investment adviser or
principal underwriter of any registered open-end investment company if
an affiliated person of that company is subject to a disqualification
enumerated in Sections 9(a)(1) or (2). Rules 6e-2(b)(15)(i) and (ii)
and Rules 6e-3(T)(b)(15)(i) and (ii) under the Act provide exemptions
from Section 9(a) under certain circumstances, subject to the
limitations discussed above on mixed funding, extended mixed funding,
and shared funding. These exemptions limit the application of the
eligibility restrictions to affiliated individuals or companies that
directly participate in management or administration of the underlying
investment company.
    8. Rules 6e-2(b)(15)(iii) and 6e-3(T)(b)(15)(iii) under the 1940
Act provide exemptions from pass-through voting requirements with
respect to several significant matters, assuming the limitations on
mixed funding, extended mixed funding, and shared funding are observed.
Rules 6e-2(b)(15)(iii)(A) and 6e-3(T)(b)(15)(iii)(A) provide that the
insurance company may disregard the voting instructions of its variable
life insurance contract owners with respect to the investments of an
underlying investment company, or any contract between such an
investment company and its investment adviser, when required to do so
by an insurance regulatory authority (subject to the provisions of
paragraphs (b)(5)(i) and (b)(7)(ii)(A) of Rules 6e-2 and 6e-3(T)).
    9. Rules 6e-2(b)(15)(iii)(B) and 6e-3(T)(b)(15)(iii)(A)(2) provide
that an insurance company may disregard the voting instructions of
variable life insurance contract owners if such owners initiate any
change in an underlying investment company's investment policies,
principal underwriter or any investment adviser (provided that
disregarding such voting instructions is reasonable and subject to the
other provisions of paragraphs (b)(5)(ii), (b)(7)(ii)(B) and
(b)(7)(ii)(C) of Rules 6e-2 and 6e-3(T)).
    10. Both Rule 6e-2 and Rule 6e-3(T) generally recognize that a
variable life insurance contract is primarily a life insurance contract
containing many important elements unique to life insurance contracts
and subject to extensive state insurance regulation. In adopting
subparagraph (b)(15)(iii) of these Rules, the Commission implicitly
recognized that state insurance regulators have authority, pursuant to
state insurance laws or regulations, to disapprove or require changes
in investment policies, investment advisers, or principal underwriters.
    11. Applicants represent that the sale of Fund shares to Qualified
Plans, Advisers, and General Accounts will not have any impact on the
exemptions requested herein regarding the disregard of pass-through
voting rights. Shares sold to Plans will be held by such Plans. The
exercise of voting rights by Plans, whether by trustees, participants,
beneficiaries, or investment managers engaged by the Plans, does not
raise the type of issues respecting disregard of voting rights that are
raised by VLI Accounts. With respect to Plans, which are not registered
as investment companies under the 1940 Act, there is no requirement to
pass through voting rights to Plan participants. Indeed, to the
contrary, applicable law expressly reserves voting rights associated
with Plan assets to certain specified persons.
    12. Similarly, the sale of Fund shares to an Adviser and to the
General Accounts of Participating Insurance Companies will not have any
impact on the exemptions requested herein regarding the disregard of
pass-through voting rights. The exercise of voting rights by Advisers
and the General Accounts of Participating Insurance Companies does not
raise the type of issues respecting disregard of voting rights that are
raised by VLI Accounts. Neither Advisers nor General Accounts are
registered as investment companies under the Act, and are not subject
to any pass-through voting requirements.
    13. Applicants recognize that the Commission's primary concern with
respect to mixed funding, extended mixed funding, and shared funding
issues is the potential for irreconcilable conflicts between the
interests of owners of variable life insurance contracts and those of
other investors in an open end investment company serving as an
investment vehicle for such contracts. The prohibitions on mixed and
shared funding might reflect concern regarding possible different
investment motivations among investors. When Rule 6e-2 was first
adopted, variable annuity separate accounts could invest in mutual
funds whose shares were also offered to the general public. However,
now, under the Internal Revenue Code of 1986, as amended (the
``Code''), any underlying

funds, including a Fund, that sells shares to VA Accounts or VLI
Accounts, would, in effect, be precluded from also selling its shares
to the public. Consequently, the Funds may not sell their shares to the
public.
    14. Applicants assert that the rights of an insurance company or a
state insurance regulator to disregard the voting instructions of
owners of Variable Contracts is not inconsistent with either mixed
funding or shared funding. Applicants argue that the National
Association of Insurance Commissioners Variable Life Insurance Model
Regulation (the ``NAIC Model Regulation'') suggests that it is unlikely
that insurance regulators would find an underlying fund's investment
policy, investment adviser or principal underwriter objectionable for
one type of Variable Contract but not another type.
    15. Applicants assert that shared funding by unaffiliated insurers,
in this respect, is no different than the use of the same investment
company as the funding vehicle for affiliated insurers, which Rules 6e-
2(b)(15) and 6e-3(T)(b)(15) permit. Affiliated insurers may be
domiciled in different states and be subject to differing state law
requirements. Affiliation does not reduce the potential, if any exists,
for differences in state regulatory requirements. In any event, the
conditions set forth below are designed to safeguard against, and
provide procedures for resolving, any adverse effects that differences
among state regulatory requirements may produce. If a particular state
insurance regulator's decision conflicts with the majority of other
state regulators, then the affected Participating Insurance Company
will be required to withdraw its separate account investments in the
relevant Fund. This requirement will be provided for in the
Participation Agreement that will be entered into by Participating
Insurance Companies with the relevant Fund.
    16. Rules 6e-2(b)(15) and 6e-3(T)(b)(15) give Participating
Insurance Companies the right to disregard the voting instructions of
VLI Contract owners in certain circumstances. This right derives from
the authority of state insurance regulators over VLI Accounts and VA
Accounts. Under Rules 6e-2(b)(15) and 6e-3(T)(b)(15), a Participating
Insurance Company may disregard VLI Contract owner voting instructions
only with respect to certain specified items. Affiliation does not
eliminate the potential, if any exists, for divergent judgments as to
the advisability or legality of a change in investment policies,
principal underwriter or investment adviser initiated by such Contract
owners. The potential for disagreement is limited by the requirements
in Rules 6e-2 and 6e-3(T) that the Participating Insurance Company's
disregard of voting instructions be reasonable and based on specific
good faith determinations.
    17. A particular Participating Insurance Company's disregard of
voting instructions, nevertheless, could conflict with the voting
instructions of a majority of VLI Contract owners. The Participating
Insurance Company's action possibly could be different than the
determination of all or some of the other Participating Insurance
Companies (including affiliated insurers) that the voting instructions
of VLI Contract owners should prevail, and either could preclude a
majority vote approving the change or could represent a minority view.
If the Participating Insurance Company's judgment represents a minority
position or would preclude a majority vote, then the Participating
Insurance Company may be required, at the relevant Fund's election, to
withdraw its VLI Accounts' and VA Accounts' investments in the relevant
Fund. No charge or penalty will be imposed as a result of such
withdrawal. This requirement will be provided for in the Participation
Agreement entered into by the Participating Insurance Companies with
the relevant Fund.
    18. Applicants argue that there is no reason why the investment
policies of a Fund would or should be materially different from what
these policies would or should be if the Fund supported only VA
Accounts or VLI Accounts supporting flexible premium or scheduled
premium VLI Contracts. Each type of insurance contract is designed as a
long-term investment program.
    19. Each Fund will be managed to attempt to achieve its specified
investment objective, and not favor or disfavor any particular
Participating Insurance Company or type of insurance contract. There is
no reason to believe that different features of various types of
Variable Contracts will lead to different investment policies for each
or for different VLI Accounts and VA Accounts. The sale of Variable
Contracts and ultimate success of all VA Accounts and VLI Accounts
depends, at least in part, on satisfactory investment performance,
which provides an incentive for each Participating Insurance Company to
seek optimal investment performance.
    20. Furthermore, no single investment strategy can be identified as
appropriate to a particular Variable Contract. Each ``pool'' of VLI
Contract and VA Contract owners is composed of individuals of diverse
financial status, age, insurance needs and investment goals. A Fund
supporting even one type of Variable Contract must accommodate these
diverse factors in order to attract and retain purchasers. Permitting
mixed and shared funding will provide economic support for the
continuation of the Funds. Mixed and shared funding will broaden the
base of potential Variable Contract owner investors, which may
facilitate the establishment of additional Funds serving diverse goals.
    21. Applicants do not believe that the sale of the shares to
Qualified Plans, Advisers, and General Accounts will increase the
potential for material irreconcilable conflicts of interest between or
among different types of investors. In particular, Applicants see very
little potential for such conflicts beyond those that would otherwise
exist between owners of VLI Contracts and VA Contracts. Applicants
submit that either there are no conflicts of interest or that there
exists the ability by the affected parties to resolve such conflicts
consistent with the best interests of VLI Contract owners, VA Contract
owners, and Plan participants.
    22. Applicants considered whether there are any issues raised under
the Code, Treasury Regulations, or Revenue Rulings thereunder if VA
Accounts, VLI Accounts, Advisers, General Accounts and Qualified Plans
all invest in the same Fund. However, the Applicants have concluded
that neither the Code, nor the Treasury Regulations nor Revenue Rulings
thereunder, present any inherent conflicts of interest if VA Accounts,
VLI Accounts, Advisers, General Accounts and Qualified Plans all invest
in the same Fund.
    23. Applicants note that, while there are differences in the manner
in which distributions from VLI Accounts, VA Accounts, and Plans are
taxed, these differences have no impact on the Funds. When
distributions are to be made, and a VLI Account, VA Account, or Plan is
unable to net purchase payments to make distributions, the VLI Account,
VA Account, or Plan will redeem shares of the relevant Fund at its net
asset value in conformity with Rule 22c-1 under the 1940 Act (without
the imposition of any sales charge) to provide proceeds to meet
distribution needs. A Participating Insurance Company will then make
distributions in accordance with the terms of its Variable Contracts,
and a Plan will then make distributions in accordance with the terms of
the Plan.
    24. Applicants considered whether it is possible to provide an
equitable

means of giving voting rights to all Variable Contract owners,
Qualified Plans, Advisers and General Accounts, and determined that it
is possible. In connection with any meeting of Fund shareholders, the
soliciting Fund will inform each Participating Insurance Company (with
respect to its VLI Accounts, VA Accounts and General Account), Adviser,
and Qualified Plan of its share holdings and provide other information
necessary for such shareholders to participate in the meeting (e.g.,
proxy materials). Each Participating Insurance Company then will
solicit voting instructions from owners of VLI Contracts and VA
Contracts in accordance with Rules 6e-2 or 6e-3(T), or Section
12(d)(1)(E)(iii)(aa) of the Act, as applicable, and its Participation
Agreement with the relevant Fund. Shares of a Fund that are held by an
Adviser or a General Account will generally be voted in the same
proportion as all votes cast on behalf of all Variable Contract owners
having voting rights. However, an Adviser or General Account will vote
its shares in such other manner as may be required by the Commission or
its staff. Shares held by Plans will be voted in accordance with
applicable law. The voting rights provided to Plans with respect to the
shares would be no different from the voting rights that are provided
to Plans with respect to shares of mutual funds sold to the general
public. Furthermore, if a material irreconcilable conflict arises
because of a Plan's decision to disregard Plan participant voting
instructions, if applicable, and that decision represents a minority
position or would preclude a majority vote, the Plan may be required,
at the election of the relevant Fund, to withdraw its investment in the
Fund, and no charge or penalty will be imposed as a result of such
withdrawal.
    25. Applicants do not believe that the veto power of state
insurance commissioners over certain potential changes to Fund
investment objectives approved by Variable Contract owners creates
conflicts between the interests of such owners and the interests of
Plan participants, Advisers or General Accounts. Applicants note that a
basic premise of corporate democracy and shareholder voting is that not
all shareholders may agree with a particular proposal. Their interests
and opinions may differ, but this does not mean that inherent conflicts
of interest exist between or among such shareholders or that occasional
conflicts of interest that do occur between or among them are likely to
be irreconcilable.
    26. Although Participating Insurance Companies may have to overcome
regulatory impediments in redeeming shares of a Fund held by their VLI
and VA Accounts, the Plans and the participants in participant-directed
Plans can make decisions quickly and redeem their shares in a Fund and
reinvest in another investment company or other funding vehicle without
impediments, or as is the case with most Plans, hold cash pending
suitable investment. As a result, conflicts between the interests of
Variable Contract owners and the interests of Plans and Plan
participants can usually be resolved quickly since the Plans can, on
their own, redeem their Fund shares. Advisers and General Accounts can
similarly redeem their shares of a Fund and make alternative
investments at any time.
    27. Finally, Applicants considered whether there is a potential for
future conflicts of interest between Participating Insurance Companies
and Plans created by future changes in the tax laws. Applicants do not
see any greater potential for material irreconcilable conflicts arising
between the interests of Variable Contract owners and Plan participants
from future changes in the federal tax laws than that which already
exists between VLI Contract owners and VA Contract owners.
    28. Applicants recognize that the foregoing is not an all-inclusive
list, but rather is representative of issues that they believe are
relevant to this application. Applicants believe that the discussion
contained herein demonstrates that the sale of Fund shares to Plans
would not increase the risk of material irreconcilable conflicts
between the interests of Plan participants and Variable Contract owners
or other investors. Further, Applicants submit that the use of the
Funds with respect to Plans is not substantially dissimilar from each
Fund's current and anticipated use, in that Plans, like VLI Accounts
and VA Accounts, are generally long-term investors.
    29. Applicants assert that permitting a Fund to sell its shares to
an Adviser or to a General Account will enhance management of each Fund
without raising significant concerns regarding material irreconcilable
conflicts among different types of investors.
    30. Various factors have limited the number of insurance companies
that offer Variable Contracts. These factors include the costs of
organizing and operating a funding vehicle, certain insurers' lack of
experience with respect to investment management, and the lack of name
recognition by the public of certain insurance companies as investment
experts. In particular, some smaller life insurance companies may not
find it economically feasible, or within their investment or
administrative expertise, to enter the Variable Contract business on
their own. Use of the Funds as a common investment vehicle for Variable
Contracts would reduce or eliminate these concerns. Mixed and shared
funding should also provide several benefits to owners of Variable
Contracts by eliminating a significant portion of the costs of
establishing and administering separate underlying funds.
    31. Applicants state that Participating Insurance Companies will
benefit not only from the investment and administrative expertise of
the Funds' Adviser, but also from the potential cost efficiencies and
investment flexibility afforded by larger pools of funds. Mixed and
shared funding also would permit a greater amount of assets available
for investment by a Fund, thereby promoting economies of scale, by
permitting increased safety through greater diversification, or by
making the addition of new Funds more feasible. Therefore, making the
Funds available for mixed and shared funding will encourage more
insurance companies to offer Variable Contracts. This should result in
increased competition with respect to both Variable Contract design and
pricing, which can in turn be expected to result in more product
variety. Applicants also assert that sale of shares in a Fund to Plans,
in addition to VLI Accounts and VA Accounts, will result in an
increased amount of assets available for investment in a Fund. This may
benefit Variable Contract owners by promoting economies of scale,
permitting increased safety of investments through greater
diversification, and making the addition of new Funds more feasible.
    32. Applicants also submit that, regardless of the type of
shareholder in a Fund, an Adviser is or would be contractually and
otherwise obligated to manage the Fund solely and exclusively in
accordance with that Fund's investment objectives, policies and
restrictions, as well as any guidelines established by the applicable
Trust's board of trustees or directors (a ``Board''). Thus, each Fund
will be managed in the same manner as any other mutual fund.
    33. Applicants assert that sales of Fund shares, as described
above, will not have any adverse federal income tax

consequences to other investors in such a Fund.
    34. In addition, Applicants note that the Commission has issued
numerous orders permitting mixed funding, extended mixed funding, and
shared funding. Therefore, granting the exemptions requested herein is
in the public interest and, as discussed above, will not compromise the
regulatory purposes of Sections 9(a), 13(a), 15(a), or 15(b) of the Act
or Rules 6e-2 or 6e-3(T) thereunder.

Applicants' Conditions

    Applicants agree that the Commission order requested herein shall
be subject to the following conditions:
    1. A majority of the Board of each Trust will consist of persons
who are not ``interested persons'' of the Trust (``disinterested
directors/trustees''), as defined by Section 2(a)(19) of the 1940 Act,
and the rules thereunder, and as modified by any applicable orders of
the Commission, except that if this condition is not met by reason of
death, disqualification or bona fide resignation of any trustee or
trustees, then the operation of this condition will be suspended: (a)
for a period of 90 days if the vacancy or vacancies may be filled by
the Board, (b) for a period of 150 days if a vote of shareholders is
required to fill the vacancy or vacancies, or (c) for such longer
period as the Commission may prescribe by order upon application or by
future rule.
    2. The Board of each Trust will monitor its respective Funds for
the existence of any material irreconcilable conflict between and among
the interests of the owners of all VLI Contracts and VA Contracts and
participants of all Plans investing in the Fund, and determine what
action, if any, should be taken in response to such conflicts. A
material irreconcilable conflict may arise for a variety of reasons,
including: (a) An action by any state insurance regulatory authority;
(b) a change in applicable federal or state insurance, tax, or
securities laws or regulations, or a public ruling, private letter
ruling, no-action or interpretive letter, or any similar action by
insurance, tax or securities regulatory authorities; (c) an
administrative or judicial decision in any relevant proceeding; (d) the
manner in which the investments of the Fund are being managed; (e) a
difference in voting instructions given by VA Contract owners, VLI
Contract owners, and Plans or Plan participants; (f) a decision by a
Participating Insurance Company to disregard the voting instructions of
contract owners; or (g) if applicable, a decision by a Plan to
disregard the voting instructions of Plan participants.
    3. Participating Insurance Companies (on their own behalf, as well
as by virtue of any investment of General Account assets in a Fund),
any Adviser to a Fund, and any Plan that executes a Participation
Agreement upon its becoming an owner of 10% or more of the net assets
of a Fund (collectively, ``Participants'') will report any potential or
existing conflicts to the relevant Board. Each Participant will be
responsible for assisting the Board in carrying out the Board's
responsibilities under these conditions by providing the Board with all
information reasonably necessary for the Board to consider any issues
raised. This responsibility includes, but is not limited to, an
obligation by each Participating Insurance Company to inform the Board
whenever Variable Contract owner voting instructions are disregarded,
and, if pass-through voting is applicable, an obligation by each
trustee for a Plan to inform the Board whenever it has determined to
disregard Plan participant voting instructions. The responsibility to
report such information and conflicts, and to assist the Board, will be
a contractual obligation of all Participating Insurance Companies under
their Participation Agreement with a Trust, and these responsibilities
will be carried out with a view only to the interests of the Variable
Contract owners. The responsibility to report such information and
conflicts, and to assist the Board, also will be contractual
obligations of all Plans under their Participation Agreement with a
Trust, and such agreements will provide that these responsibilities
will be carried out with a view only to the interests of Plan
participants.
    4. If it is determined by a majority of the Board of a Trust, or a
majority of the disinterested directors/trustees of the Board, that a
material irreconcilable conflict exists, then the relevant Participant
will, at its expense and to the extent reasonably practicable (as
determined by a majority of the disinterested directors/trustees), take
whatever steps are necessary to remedy or eliminate the material
irreconcilable conflict, up to and including: (a) Withdrawing the
assets allocable to some or all of their VLI Accounts or VA Accounts
from the Fund and reinvesting such assets in a different investment
vehicle including another Fund; (b) in the case of a Participating
Insurance Company, submitting the question as to whether such
segregation should be implemented to a vote of all affected Variable
Contract owners and, as appropriate, segregating the assets of any
appropriate group (i.e., VA Contract owners or VLI Contact owners of
one or more Participating Insurance Companies) that votes in favor of
such segregation, or offering to the affected Contract owners the
option of making such a change; (c) withdrawing the assets allocable to
some or all of the Plans from the affected Fund and reinvesting them in
a different investment medium; and (d) establishing a new registered
management investment company or managed separate account. If a
material irreconcilable conflict arises because of a decision by a
Participating Insurance Company to disregard Variable Contract owner
voting instructions, and that decision represents a minority position
or would preclude a majority vote, then the Participating Insurance
Company may be required, at the election of the Trust, to withdraw such
Participating Insurance Company's VA Account and VLI Account
investments in the Fund, and no charge or penalty will be imposed as a
result of such withdrawal. If a material irreconcilable conflict arises
because of a Plan's decision to disregard Plan participant voting
instructions, if applicable, and that decision represents a minority
position or would preclude a majority vote, the Plan may be required,
at the election of the Trust, to withdraw its investment in the Fund,
and no charge or penalty will be imposed as a result of such
withdrawal. The responsibility to take remedial action in the event of
a Board determination of a material irreconcilable conflict and to bear
the cost of such remedial action will be a contractual obligation of
all Participants under their Participation Agreement with a Trust, and
these responsibilities will be carried out with a view only to the
interests of Variable Contract owners or, as applicable, Plan
participants.
    For purposes of this Condition 4, a majority of the disinterested
directors/trustees of the Board of each Trust will determine whether or
not any proposed action adequately remedies any material irreconcilable
conflict, but, in no event, will the Fund or its Adviser be required to
establish a new funding vehicle for any Variable Contract or Plan. No
Participating Insurance Company will be required by this Condition 4 to
establish a new funding vehicle for any Variable Contract if any offer
to do so has been declined by vote of a majority of the Contract owners
materially and adversely affected by the material irreconcilable
conflict. Further, no Plan will be required by this Condition 4 to
establish a new funding vehicle for the Plan if: (a) A majority of the
Plan

participants materially and adversely affected by the irreconcilable
material conflict vote to decline such offer, or (b) pursuant to
documents governing the Plan, the Plan trustee makes such decision
without a Plan participant vote.
    5. The Board of each Trust's determination of the existence of a
material irreconcilable conflict and its implications will be made
known in writing promptly to all Participants.
    6. Participating Insurance Companies will provide pass-through
voting privileges to all Variable Contract owners whose Contracts are
issued through registered VLI Accounts or registered VA Accounts for as
long as required by the Act as interpreted by the Commission. However,
as to Variable Contracts issued through VA Accounts or VLI Accounts not
registered as investment companies under the Act, pass-through voting
privileges will be extended to owners of such Contracts to the extent
granted by the Participating Insurance Company. Accordingly, such
Participating Insurance Companies, where applicable, will vote the
shares of each Fund held in their VLI Accounts and VA Accounts in a
manner consistent with voting instructions timely received from
Variable Contract owners. Participating Insurance Companies will be
responsible for assuring that each of their VLI and VA Accounts
investing in a Fund calculates voting privileges in a manner consistent
with all other Participating Insurance Companies investing in that
Fund.
    The obligation to calculate voting privileges as provided in this
application shall be a contractual obligation of all Participating
Insurance Companies under their Participation Agreement with the Trust.
Each Participating Insurance Company will vote shares of each Fund held
in its VLI or VA Accounts for which no timely voting instructions are
received, as well as shares held by its General Account or otherwise
attributed to it, in the same proportion as those shares for which
voting instructions are received. Each Plan will vote as required by
applicable law, governing Plan documents and as provided in this
application.
    7. As long as the Act requires pass-through voting privileges to be
provided to Variable Contract owners or the Commission interprets the
Act to require the same, a Fund's Adviser or any General Account will
vote their shares of the Fund in the same proportion as all votes cast
on behalf of all Variable Contract owners having voting rights;
provided, however, that such an Adviser or General Account shall vote
its shares in such other manner as may be required by the Commission or
its staff.
    8. Each Fund will comply with all provisions of the Act requiring
voting by shareholders (which, for these purposes, shall be the persons
having a voting interest in its shares), and, in particular, the Fund
will either provide for annual meetings (except to the extent that the
Commission may interpret Section 16 of the Act not to require such
meetings) or comply with Section 16(c) of the Act (although each Fund
is not, or will not be, one of those trusts of the type described in
Section 16(c) of the Act), as well as with Section 16(a) of the Act
and, if and when applicable, Section 16(b) of the Act. Further, each
Fund will act in accordance with the Commission's interpretations of
the requirements of Section 16(a) with respect to periodic elections of
directors/trustees and with whatever rules the Commission may
promulgate thereto.
    9. A Fund will make its shares available to the VLI Accounts, VA
Accounts, and Plans at or about the time it accepts any seed capital
from its Adviser or from a General Account of a Participating Insurance
Company.
    10. Each Fund has notified, or will notify, all Participants that
disclosure regarding potential risks of mixed and shared funding may be
appropriate in VLI Account and VA Account prospectuses or Plan
documents. Each Fund will disclose, in its prospectus that: (a) Shares
of the Fund may be offered to both VA Accounts and VLI Accounts and, if
applicable, to Plans, (b) due to differences in tax treatment and other
considerations, the interests of various Variable Contract owners
participating in the Fund and the interests of Plan Participants
investing in the Fund, if applicable, may conflict, and (c) the Trust's
Board will monitor events in order to identify the existence of any
material irreconcilable conflicts and to determine what action, if any,
should be taken in response to any such conflicts.
    11. If and to the extent Rule 6e-2 and Rule 6e-3(T) under the Act
are amended, or proposed Rule 6e-3 under the Act is adopted, to provide
exemptive relief from any provision of the Act, or the rules
thereunder, with respect to mixed or shared funding, on terms and
conditions materially different from any exemptions granted in the
order requested in this application, then each Fund and/or
Participating Insurance Companies, as appropriate, shall take such
steps as may be necessary to comply with Rules 6e-2 or 6e-3(T), as
amended, or Rule 6e-3, to the extent such rules are applicable.
    12. Each Participant, at least annually, shall submit to the Board
of each Trust such reports, materials or data as the Board reasonably
may request so that the directors/trustees of the Board may fully carry
out the obligations imposed upon the Board by the conditions contained
in this application. Such reports, materials and data shall be
submitted more frequently if deemed appropriate by the Board of a
Trust. The obligations of the Participants to provide these reports,
materials and data to the Board, when it so reasonably requests, shall
be a contractual obligation of all Participants under their
Participation Agreement with the Trust.
    13. All reports of potential or existing conflicts received by the
Board of each Trust, and all Board action with regard to determining
the existence of a conflict, notifying Participants of a conflict and
determining whether any proposed action adequately remedies a conflict,
will be properly recorded in the minutes of the Board or other
appropriate records, and such minutes or other records shall be made
available to the Commission upon request.
    14. Each Fund will not accept a purchase order from a Plan if such
purchase would make the Plan an owner of 10 percent or more of the net
assets of the Fund unless the Plan executes an agreement with the Fund
governing participation in the Fund that includes the conditions set
forth herein to the extent applicable. A Plan will execute an
application containing an acknowledgement of this condition at the time
of its initial purchase of shares.

Conclusion

    For all of the reasons explained above, Applicants submit that the
exemptions requested are 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.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-24684 Filed 10-16-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 28 (Tuesday, February 11, 2020)]
[Proposed Rules]
[Pages 7682-7683]
[FR Doc No: 2020-02664]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2020-F-0151]

LANXESS Corporation; Filing of Food Additive Petition (Animal
Use)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; petition for rulemaking.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that LANXESS Corporation has filed a petition proposing that the food
additive regulations be amended to provide for the safe use of calcium
formate as a feed acidifying agent, to lower the pH, in complete feeds
for swine or poultry.

DATES: The food additive petition was filed on December 27, 2019.

ADDRESSES: For access to the docket, go to https://www.regulations.gov
and insert the docket number, found in brackets in the heading of this
document, into the ``Search'' box and follow the prompts; and/or go to
the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852.

FOR FURTHER INFORMATION CONTACT: Carissa Adams, Center for Veterinary

Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville,
MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic
Act (section 409(b)(5) (21 U.S.C. 348(b)(5))), notice is given that a
food additive petition (FAP 2310) has been filed by LANXESS
Corporation, 111 RIDC Park West Dr., Pittsburgh, PA 15275. The petition
proposes to amend Title 21 of the Code of Federal Regulations (CFR) in
part 573 (21 CFR part 573) Food Additives Permitted in Feed and
Drinking Water of Animals to provide for the safe use of calcium
formate as a feed acidifying agent, to lower the pH, in complete feeds
for swine or poultry.
    The petitioner has claimed that this action is categorically
excluded under 21 CFR 25.32(r) because it is of a type that does not
individually or cumulatively have a significant effect on the human
environment. In addition, the petitioner has stated that, to their
knowledge, no extraordinary circumstances exist. If FDA determines a
categorical exclusion applies, neither an environmental assessment nor
an environmental impact statement is required. If FDA determines a
categorical exclusion does not apply, we will request an environmental
assessment and make it available for public inspection.

    Dated: February 5, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-02664 Filed 2-10-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Notices]
[Page 28863]
[FR Doc No: 2016-10903]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: EC16-109-000.
    Applicants: Nevada Power Company.
    Description: Application of Nevada Power Company under Section 203
of the Federal Power Act.
    Filed Date: 4/27/16.
    Accession Number: 20160427-5354.
    Comments Due: 5 p.m. ET 5/18/16.

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

    Docket Numbers: ER16-1513-000.
    Applicants: PJM Interconnection, L.L.C., Monongahela Power Company.
    Description: Section 205(d) Rate Filing: Monongahela Power submits
revisions to OATT Att H-11A and Revised SA No. 3513 to be effective 2/
1/2016.
    Filed Date: 4/28/16.
    Accession Number: 20160428-5225.
    Comments Due: 5 p.m. ET 5/19/16.

    Docket Numbers: ER16-1514-000.
    Applicants: PJM Interconnection, L.L.C., Monongahela Power Company.
    Description: Section 205(d) Rate Filing: Monongahela Power submits
revisions to OATT Att H-11A and Revised SA No. 3513 to be effective 2/
1/2016.
    Filed Date: 4/28/16.
    Accession Number: 20160428-5226.
    Comments Due: 5 p.m. ET 5/19/16.

    Docket Numbers: ER16-1515-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Request for Waiver of Midcontinent Independent System
Operator, Inc.
    Filed Date: 4/27/16.
    Accession Number: 20160427-5348.
    Comments Due: 5 p.m. ET 5/18/16.

    Docket Numbers: ER16-1516-000.
    Applicants: MidAmerican Energy Company.
    Description: Section 205(d) Rate Filing: Interconnection Agr--
Muscatine and ITC Midwest--Concurrence to be effective 6/6/2016.
    Filed Date: 4/28/16.
    Accession Number: 20160428-5294.
    Comments Due: 5 p.m. ET 5/19/16.

    Docket Numbers: ER16-1517-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Amendment to WMPA SA No.
3330, Queue No. X1-095 to be effective 7/2/2014.
    Filed Date: 4/28/16.
    Accession Number: 20160428-5310.
    Comments Due: 5 p.m. ET 5/19/16.

    Docket Numbers: ER16-1518-000.
    Applicants: California Independent System Operator Corporation.
    Description: Section 205(d) Rate Filing: 2016-04-28 EIM Year One
Enhancements--Phase 2 to be effective 10/1/2016.
    Filed Date: 4/28/16.
    Accession Number: 20160428-5314.
    Comments Due: 5 p.m. ET 5/19/16.

    Docket Numbers: ER16-1519-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Service Agreement Nos.
4436, Queue Position T126, and 4437, Queue Position T127 to be
effective 3/29/2016.
    Filed Date: 4/28/16.
    Accession Number: 20160428-5333.
    Comments Due: 5 p.m. ET 5/19/16.

    Docket Numbers: ER16-1520-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Revisions to OATT, OA &
RAA to correct, clarify and clean-up various provisions to be effective
6/27/2016.
    Filed Date: 4/28/16.
    Accession Number: 20160428-5338.
    Comments Due: 5 p.m. ET 5/19/16.

    Docket Numbers: ER16-1521-000.
    Applicants: PacifiCorp.
    Description: Section 205(d) Rate Filing: WAPA Revised Spence/
Thermopolis Agreements to be effective 6/28/2016.
    Filed Date: 4/28/16.
    Accession Number: 20160428-5345.
    Comments Due: 5 p.m. ET 5/19/16.

    Docket Numbers: ER16-1522-000.
    Applicants: PacifiCorp.
    Description: Tariff Cancellation: Termination of BPA General
Transfer Agreement (East) to be effective 6/30/2016.
    Filed Date: 4/28/16.
    Accession Number: 20160428-5347.
    Comments Due: 5 p.m. ET 5/19/16.

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

    Dated: April 28, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-10903 Filed 5-9-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49108-49109]
[FR Doc No: 2018-21148]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0438]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Early Food Safety
Evaluation of New Non-Pesticidal Proteins Produced by New Plant
Varieties Intended for Food Use

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that a proposed collection of information has been submitted to the
Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by October
29, 2018.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to [email protected]. All
comments should be identified with the OMB control number 0910-0583.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Early Food Safety Evaluation of New Non-Pesticidal Proteins Produced by
New Plant Varieties Intended for Food Use

OMB Control Number 0910-0583--Extension

    Since May 29, 1992, when FDA issued a policy statement on foods
derived from new plant varieties, including those varieties that are
developed through biotechnology, we have encouraged developers of new
plant varieties to consult with us early in the development process to
discuss possible scientific and regulatory issues that might arise (57
FR 22984).
    The guidance, entitled ``Recommendations for the Early Food Safety
Evaluation of New Non-Pesticidal Proteins Produced by New Plant
Varieties Intended for Food Use,'' (available at https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/ucm096156.htm) continues to foster early communication by encouraging
developers to submit to us their evaluation of the food safety of their
new protein. Such communication helps to ensure that any potential food
safety issues regarding a new protein in a new plant variety are
resolved early in development, prior to any possible inadvertent
introduction into the food supply of the new protein.
    We believe that any food safety concern related to such material
entering the food supply would be limited to the potential that a new
protein in food from the plant variety could cause an allergic reaction
in susceptible individuals or could be a toxin. The guidance describes
the recommended procedures for early food safety evaluation of new
proteins produced by new plant varieties, including bioengineered food
plants, and the procedures for communicating with us about the safety
evaluation.
    Interested persons may use Form FDA 3666 to transmit their
submission to the Office of Food Additive Safety in the Center for Food
Safety and Applied Nutrition. Form FDA 3666 is entitled, ``Early Food
Safety Evaluation of a New Non-Pesticidal Protein Produced by a New
Plant Variety (New Protein Consultation),'' (https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM350010.pdf) and may be
used in lieu of a cover letter for a New Protein Consultation (NPC).
Form FDA 3666 prompts a submitter to include certain elements of an NPC
in a standard format and helps the respondent organize their submission
to focus on the information needed for our safety review. The form, and
elements that would be prepared as attachments to the form, may be
submitted in electronic format via the Electronic Submission Gateway,
or may be submitted in paper format, or as electronic files on physical
media with paper signature page. The information is used by us to
evaluate the food safety of

a specific new protein produced by a new plant variety.
    Description of Respondents: The respondents to this collection of
information are developers of new plant varieties intended for food
use.
    In the Federal Register of May 25, 2018 (83 FR 24315), we published
a 60-day notice requesting public comment on the proposed collection of
information. One comment was received but did not respond to any of the
four information collection topics solicited and is therefore not
addressed.
    We therefore estimate the burden for the information collection as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                        Category                           Form FDA No.      Number of     responses per   Total annual   Average burden    Total hours
                                                                            respondents     respondent       responses     per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
First four data components..............................            3666               6               1               6               4              24
Two other data components...............................            3666               6               1               6              16              96
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............  ..............  ..............  ..............             120
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate. The estimated number of annual responses and average burden
per response are based on our experience with early food safety
evaluations. Completing an early food safety evaluation for a new
protein from a new plant variety is a one-time burden (one evaluation
per new protein). Many developers of novel plants may choose not to
submit an evaluation because the field testing of a plant containing a
new protein is conducted in such a way (e.g., on such a small scale, or
in such isolated conditions, etc.) that cross-pollination with
traditional crops or commingling of plant material is not likely to be
an issue. Also, other developers may have previously communicated with
us about the food safety of a new plant protein, for example, when the
same protein was expressed in a different crop.
    We estimate the annual number of NPCs submitted by developers will
be six or fewer. The early food safety evaluation for new proteins
includes six main data components. Four of these data components are
easily and quickly obtainable, having to do with the identity and
source of the protein. We estimate that completing these data
components will take about 4 hours per NPC. We estimate the reporting
burden for the first four data components to be 24 hours (4 hours x 6
responses).
    Two data components ask for original data to be generated. One data
component consists of a bioinformatics analysis which can be performed
using publicly available databases. The other data component involves
``wet'' lab work to assess the new protein's stability and the
resistance of the protein to enzymatic degradation using appropriate in
vitro assays (protein digestibility study). The paperwork burden of
these two data components consists of the time it takes the company to
assemble the information on these two data components and include it in
an NPC. We estimate that completing these data components will take
about 16 hours per NPC. We estimate the reporting burden for the two
other data components to be 96 hours (16 hours x 6 responses). Thus, we
estimate the total annual hour burden for this collection of
information to be 120 hours.

    Dated: September 25, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-21148 Filed 9-27-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: July 17, 2006 (Volume 71, Number 136)]
[Notices]
[Page 40568-40569]
[DOCID:fr17jy06-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54119; File No. SR-Nasdaq-2006-014]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Modify the Description of the ACES Communications Service

July 10, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 7, 2006, The NASDAQ Stock Market LLC (``Exchange'' or
``Nasdaq'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange.\3\ Nasdaq has
designated this proposal as non-controversial under section
19(b)(3)(A)(iii) of the Act \4\ and Rule 19b-4(f)(6) thereunder,\5\
which renders the proposed rule change effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Subsequent to filing the proposal, the Exchange clarified
that Item 8 of the Form 19b-4 should state that the proposed rule
change is not based on rules of another self-regulatory organization
or of the Commission. Telephone conversation between Alex Kogan,
Associate General Counsel, Nasdaq, and Nathan Saunders, Special
Counsel, Division of Market Regulation, Commission, on July 10,
2006.
    \4\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \5\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Nasdaq Rule 6210 to allow non-
members to use the ACES communications service. The text of the
proposed rule change is set forth below. Additions are in italics and
deletions are in [brackets].
* * * * *
6210. Definitions
    (a) and (b) No change
    (c) The term ``Receiving Subscriber'' means any [Nasdaq member that
is registered as a Nasdaq market maker or ITS/CAES Market Maker and]
person that has executed an agreement with Nasdaq authorizing its use
of ACES to receive ACES Orders from Routing Subscribers.
    (d) The term ``Routing Subscriber'' means any [Nasdaq member]
person that has executed an agreement with Nasdaq authorizing its use
of ACES to route orders to Receiving Subscribers' order management
systems.
* * * * *

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

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

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

1. Purpose
    ACES is a neutral communications service that allows market
participants to route orders to one another. ACES does not effect trade
executions, and it does not report executed trades to ``the tape.''
Moreover, market participants receiving orders through ACES may execute
them in any manner that they deem consistent with duties of best
execution and other applicable industry obligations. As the ACES
service can be of value to all market participants, both members and
non-members of the NASD have historically been permitted to use it.
Thus, today, there are a number of non-members who actually send their
orders using the ACES system.
    The rule set under which Nasdaq will shortly begin to operate as an
exchange has for the first time included a description of ACES.\6\
However, as this description is currently worded, it would require that
all ACES users be Nasdaq members, which would be a departure from the
existing practice. Nasdaq proposes to adjust the applicable language in
order to eliminate this restriction entirely before Nasdaq begins
operating as an exchange and to avoid denying access to ACES to non-
members that wish to use it for either routing or receiving orders.
---------------------------------------------------------------------------

    \6\ See Nasdaq Rules 6200-6250.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act \7\ in general and furthers the objectives
of section 6(b)(5) of the Act \8\ in particular in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing proposed rule change has become effective pursuant to
section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) \10\ thereunder
because it (i) does not significantly affect the protection of
investors or the public interest; (ii) does not impose any significant
burden on competition; and (iii) does not become operative for 30 days
from the date on which it was filed, or such shorter time as the
Commission may designate, provided that the self-regulatory
organization has given the Commission written notice of its intent to
file the proposed rule change at least five business days prior to the
filing date of the proposed rule change.\11\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ As required under Rule 19b-4(f)(6)(iii), the Exchange
provided the Commission with written notice of its intent to file
the proposed rule change at least five days prior to the filing
date.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay of Rule 19b-4(f)(6)(iii) so that the proposed rule
change may become

effective on the date that Nasdaq commences operations as a national
securities exchange (currently scheduled to be August 1, 2006). The
Commission believes that waiving the operative delay is consistent with
the protection of investors and the public interest because doing so
will permit non-members to continue to use ACES without interruption.
Therefore, the Commission has determined to waive the 30-day operative
delay and allow the proposed rule change to become operative on the
date that Nasdaq commences operations as a national securities
exchange.\12\
---------------------------------------------------------------------------

    \12\ For purposes only of waiving the operative delay of this
proposal, the Commission notes that it has considered the proposed
rule's impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-Nasdaq-2006-014 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Nasdaq-2006-014. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Nasdaq-2006-014 and should be submitted on or before
August 7, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E6-11207 Filed 7-14-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 246 (Tuesday, December 22, 2020)]
[Notices]
[Pages 83671-83672]
[FR Doc No: 2020-28225]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0997]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Noise
Certification Standards for Subsonic Jet Airplanes and Subsonic
Transport Category Large Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on October 21, 2020.

DATES: Written comments should be submitted by January 21, 2021.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Sandy Liu by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION: The collection involves the noise
certification regulations of 14 CFR part 36 for aircraft. This includes
information collection requirements for the noise certification of
subsonic aircraft--jet airplanes and subsonic transport category large
airplanes, small propeller driven airplanes and rotorcraft. The
information collected are the results of noise certification tests that
demonstrate compliance with 14 CFR part 36. The original information
collection was implemented to show compliance in accordance with the
Aircraft Noise Abatement Act of 1968; that statute is now part of the
overall codification of the FAA's regulatory authority over aircraft
noise in 49 U.S.C. 44715. The noise compliance report is used by the
FAA in making a finding that the airplane is in noise compliance with
the regulations. These compliance reports are required only once when
an applicant wants to certificate an aircraft type. Without this data
collection, the FAA would be unable to make the required noise
certification compliance finding.
    OMB Control Number: 2120-0659.
    Title: Noise Certification Standards for Subsonic Jet Airplanes and
Subsonic Transport Category Large Airplanes.
    Form Numbers: None.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on October 21, 2020 (85 FR 67089). The aircraft noise
information collected are the results of noise certification tests that
demonstrate compliance with 14 CFR part 36. The original information
collection was implemented to show compliance in accordance with the
Aircraft Noise Abatement Act of 1968; that statute is now part of the
overall codification of the FAA's regulatory authority over aircraft
noise in 49 U.S.C. 44715. For the recent NPRM, the FAA proposes to
revise this PRA collection to include noise test data collections of
supersonic aircraft, for an increased estimate of 16 total noise
certification projects per year. Each applicant's collected information
is incorporated into a noise compliance report that is provided to and
approved by the FAA. The noise compliance report is used by the FAA in
making a finding that the airplane is in noise compliance with the
regulations. These compliance reports are required only once when an
applicant wants to certificate an aircraft type. Without this data
collection, the FAA would be unable to make the required noise
certification compliance finding.
    Respondents: Aircraft manufacturer/applicant seeking type
certification;
    Frequency: Estimated 14 total applicants per year;
    Estimated Average Burden per Response: Estimated 200 hours per
applicant for the compliance report; and
    Estimated Total Annual Burden: $25,000 per applicant or cumulative
total $350,000 per year for 14 applicants.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on December 17, 2020.
Sandy Liu,
Engineer, Office of Environment and Energy, Noise Division (AEE-100).
[FR Doc. 2020-28225 Filed 12-21-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Pages 56691-56692]
[FR Doc No: 2013-22279]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-2317-000]

Lake Lynn Generation, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Lake Lynn Generation, LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability is September 30, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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 email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC

Online service, please email<EMAIL_ADDRESS>or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 9, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-22279 Filed 9-12-13; 8:45 am]
BILLING CODE 6717-01-P