[Federal Register: October 1, 2010 (Volume 75, Number 190)]
[Notices]
[Page 60838-60840]
[DOCID:fr01oc10-111]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29444; File No. 812-13708]

American Fidelity Dual Strategy Fund, Inc. and American Fidelity
Assurance Company; Notice of Application

September 27, 2010.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act, as well as from certain disclosure requirements.

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Summary of Application: Applicants request an order that would permit
them to enter into and materially amend subadvisory agreements without
shareholder approval and would grant relief from certain disclosure
requirements.

Applicants: American Fidelity Dual Strategy Fund, Inc. (the ``Fund'')
and American Fidelity Assurance Company (the ``Advisor'').

Filing Dates: The application was filed on October 1, 2009, and amended
on March 15, 2010, and September 24, 2010.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on October 22, 2010, and should be accompanied by proof of service
on the applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants, 2000 N. Classen
Boulevard, Oklahoma City, OK 73106.

FOR FURTHER INFORMATION CONTACT: Lewis Reich, Senior Counsel, at (202)
551-6919, or Jennifer Sawin, Branch Chief, at<PHONE_NUMBER> (Division
of Investment Management, Office of Investment Company Regulation).

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 an applicant using the Company name box, at http://
www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Fund, a Maryland corporation, is registered under the Act as
an open-end management investment company. The Advisor is registered as
an investment adviser under the Investment Advisers Act of 1940
(``Advisers Act'') and serves as the investment adviser of the Fund
pursuant to an investment advisory agreement (``Advisory Agreement'')
with the Fund. The Advisory Agreement was approved by the Fund's board
of directors (``Board''), including a majority of the directors who are
not ``interested persons,'' as defined in section 2(a)(19) of the Act,
of the Fund (``Independent Directors'') and by the shareholders of the
Fund. Under the terms of the Advisory Agreement, the Advisor is
responsible for providing a wide variety of services to the Fund
including selecting and trading portfolio securities, and will have
overall responsibility for the management and investment of the Fund's
assets. For the management and investment advisory services that it
provides to the Fund, the Advisor receives the fee specified in the
Advisory Agreement. The Advisory Agreement also permits the Advisor to
operate the Fund with one or more subadvisers (``Sub-Advisors''), and
the Advisor's investment management services include selection of the
Fund's Sub-Advisors. Pursuant to this authority, the Advisor has
entered into investment subadvisory agreements (``Investment
Subadvisory Agreements'') with four Sub-Advisors \1\ to provide
investment advisory services to the Fund subject to the supervision of
the Advisor and the Board. Each current Sub-Advisor is and each future
Sub-Advisor will be an investment adviser as defined in section
2(a)(20) of the Act and registered as an investment adviser under the
Advisers Act. The Advisor will evaluate, allocate assets to, and
oversee the Sub-Advisors, and make recommendations to the Board about
their hiring, retention or release, at all times subject to the
authority of the Board. The Advisor will compensate the Sub-Advisors
out of the fees paid to the Advisor under the Advisory Agreement.
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    \1\ Quest Investment Management, Inc., The Renaissance Group,
LLC, Beck, Mack & Oliver LLC and WEDGE Capital Management LLP.
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    2. Applicants request an order to permit the Advisor, subject to
Board approval, to enter into and materially amend Investment
Subadvisory Agreements without obtaining shareholder approval. The
requested relief will not extend to any Sub-Advisor that is an
affiliated person, as defined in section 2(a)(3) of the Act, of the
Fund or the Advisor, other than by reason of serving as a Sub-Advisor
to the Fund (``Affiliated Sub-Advisor'').
    3. Applicants also request an exemption from the various disclosure
provisions described below that may require the Fund to disclose fees
paid by the Advisor to the Sub-Advisors. An exemption is requested to
permit a Fund to disclose (as both a dollar amount and as a percentage
of its net assets): (a) the aggregate fees paid to the Advisor and any
Affiliated Sub-Advisors; and (b) the aggregate fees paid to Sub-
Advisors other than Affiliated Sub-Advisors (collectively, ``Aggregate
Fee Disclosure''). If the Fund employs an Affiliated Sub-Advisor, the
Fund will provide separate disclosure of any fees paid to the
Affiliated Sub-Advisor.

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 19(a)(3) of Form N-1A requires disclosure of
the method of computing, and amount of, the investment adviser's
compensation.
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to an investment company to comply with Schedule 14A under the
Securities Exchange Act of 1934 (``1934 Act''). Items 22(c)(1)(ii),
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A, taken together,
require a proxy statement for a shareholder meeting at which the
advisory contract will be voted upon to include the ``rate of
compensation of the investment adviser,'' the ``aggregate amount of the
investment adviser's fees,'' a description of the ``terms of the
contract to be acted upon,'' and, if a change in the advisory fee is
proposed, the existing and proposed fees and the difference between the
two fees.
    4. Regulation S-X sets forth the requirements for financial
statements required to be included as part of investment company
registration statements and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b) and (c) of Regulation S-X require
that investment companies include in their financial statements
information about investment advisory fees.
    5. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants state that the requested relief meets this standard for
the reasons discussed below.
    6. Applicants assert that shareholders of the Fund expect the
Advisor to select Sub-Advisors who have the appropriate skills and
experience to manage the Fund's assets allocated to them. Applicants
assert that, from the perspective of the investor, the role of the Sub-
Advisors is substantially equivalent to that of the individual
portfolio managers employed in a traditional investment advisory
structure. Applicants state that requiring shareholder approval of each
Investment Subadvisory Agreement would impose costs and unnecessary
delays on the Fund; the requested relief may enable the Fund to act
more quickly when the Board and the Advisor feel that a change would
benefit the Fund and its shareholders. Applicants note that the
Advisory Agreement and any Investment Subadvisory Agreement with an
Affiliated Sub-Advisor will remain subject to section 15(a) of the Act.
    7. Applicants assert that many advisers use a ``posted'' rate
schedule to set their fees. Applicants state that, while advisers are
willing to negotiate fees lower than those posted in the schedule, they
are reluctant to do so where the fees are disclosed to other
prospective and existing customers. Applicants submit that the
requested relief will allow the Advisor to negotiate more effectively
with each Sub-Advisor.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before the Fund may rely on the order requested in the
application, the operation of the Fund in the manner described in the
application will be approved by a majority of the Fund's outstanding
voting securities, as defined in the Act.
    2. The prospectus for the Fund will disclose the existence,
substance, and effect of any order granted pursuant to the application.
The Fund will hold

itself out to the public as employing the manager of managers structure
described in the application. The prospectus will prominently disclose
that the Advisor has ultimate responsibility (subject to oversight by
the Board) to oversee the Sub-Advisors and recommend their hiring,
termination, and replacement.
    3. Within 90 days of the hiring of a new Sub-Advisor, the Fund's
shareholders will be furnished all information about the new Sub-
Advisor that would be included in a proxy statement, except as modified
by the order to permit Aggregate Fee Disclosure. This information will
include Aggregate Fee Disclosure and any change in such disclosure
caused by the addition of the new Sub-Advisor. To meet this obligation,
the Fund will provide shareholders, within 90 days of the hiring of a
new Sub-Advisor, with an information statement meeting the requirements
of Regulation 14C, Schedule 14C and Item 22 of Schedule 14A under the
1934 Act, except as modified by the order to permit Aggregate Fee
Disclosure.
    4. The Advisor will not enter into an Investment Subadvisory
Agreement with any Affiliated Sub-Advisor without that agreement,
including the compensation to be paid thereunder, being approved by
Fund shareholders.
    5. At all times, at least a majority of the Board will be
Independent Directors, and the nomination of new or additional
Independent Directors will be placed within the discretion of the then
existing Independent Directors.
    6. When a Sub-Advisor change is proposed for the Fund with an
Affiliated Sub-Advisor, the Board, including a majority of the
Independent Directors, will make a separate finding, reflected in the
applicable Board minutes, that such change is in the best interests of
the Fund and its shareholders, and does not involve a conflict of
interest from which the Advisor or the Affiliated Sub-Advisor derives
an inappropriate advantage.
    7. Independent legal counsel, as defined in rule 0-1(a)(6) under
the Act, will be engaged to represent the Independent Directors. The
selection of such counsel will be within the discretion of the then
existing Independent Directors.
    8. Whenever a Sub-Advisor is hired or terminated, the Advisor will
provide the Board with information showing the expected impact on the
profitability of the Advisor.
    9. The Advisor will provide general management services to the
Fund, including overall supervisory responsibility for the general
management and investment of the Fund's assets and, subject to review
and approval of the Board, will: (i) Set the Fund's overall investment
strategies, (ii) evaluate, select and recommend Sub-Advisors to manage
all or a part of the Fund's assets, (iii) when appropriate, allocate
and reallocate the Fund's assets among multiple Sub-Advisors, (iv)
monitor and evaluate the performance of Sub-Advisors, and (v) implement
procedures reasonably designed to ensure that the Sub-Advisors comply
with the Fund's investment objective, policies and restrictions.
    10. No director or officer of the Fund, or director or officer of
the Advisor, will own directly or indirectly (other than through a
pooled investment vehicle that is not controlled by such person) any
interest in a Sub-Advisor, except for (a) ownership of interests in the
Advisor or any entity that controls, is controlled by, or is under
common control with the Advisor, or (b) ownership of less than 1% of
the outstanding securities of any class of equity or debt of a publicly
traded company that is either a Sub-Advisor or an entity that controls,
is controlled by or is under common control with a Sub-Advisor.
    11. The Fund will disclose in its registration statement the
Aggregate Fee Disclosure.
    12. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the application, the requested order will expire on the effective
date of that rule.
    13. The Advisor will provide the Board, no less frequently than
quarterly, with information about the profitability of the Advisor with
respect to the Fund. The information will reflect the impact on
profitability of the hiring or termination of any Sub-Advisor during
the applicable quarter.

     For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-24655 Filed 9-30-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Unknown Section]
[Pages 51055-51058]
[FR Doc No: 2013-20109]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0367; Directorate Identifier 2012-NM-177-AD;
Amendment 39-17546; AD 2013-16-08]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, &
702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes,
and Model CL-600-2D24 (Regional Jet Series 900) airplanes. This AD was
prompted by a report of corrosion of the components of the main landing
gear (MLG) retraction actuator found in service; the corrosion was
found at the interface of the rod end and the piston, and at the
bracket and related pins. This AD requires inspection of the MLG
retraction actuator components; corrective actions if necessary; and,
for certain retraction actuators, installation of a new jam nut. We are
issuing this AD to prevent disconnection of the MLG retraction
actuator, which could result in extension of the MLG without damping,
and consequent structural damage and collapse of the MLG during
landing.

DATES: This AD is effective September 24, 2013.

    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 24,
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
The NPRM published in the Federal Register on May 10, 2013 (78 FR
27318). The NPRM proposed to correct an unsafe condition for the
specified products.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-36R1, dated October 3, 2012, the Mandatory Continuing
Airworthiness Information (MCAI), to correct an unsafe condition for
the specified products. The MCAI states:

    Corrosion of the main landing gear (MLG) retraction actuator
components was found in-service, either at the interface of the rod
end and the piston or at the bracket and its related pins. This can
cause the MLG retraction actuator to disconnect, leading to an MLG
extension without damping, and a potential for MLG structural damage
and possible collapse during landing.
    This [Canadian] AD mandates the inspection and rectification
[corrective action] of the MLG retraction actuator components.
    This revision is to mandate [, for certain MLG retraction
actuators,] the installation of the new retraction actuator jam nut.
This revision also corrects the background information and updates
Service Bulletin (SB) references.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 27318, May 10,
2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed.

Costs of Compliance

    Based on the service information, we estimate that this AD affects
about 391 products of U.S. registry. We also estimate that it takes up
to 16 work-hours per product to comply with the basic requirements of
this AD. The average labor rate is $85 per work-hour. Required parts
will cost about $1,018 per product. Where the service information lists
required parts costs that are covered under warranty, we have assumed
that there will be no charge for these parts. As we do not control
warranty coverage for affected parties, some parties may incur costs
higher than estimated here. Based on these figures, we estimate the
cost of this AD on U.S. operators to be up to $929,798, or up to $2,378
per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the MCAI, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-16-08 Bombardier, Inc.: Amendment 39-17546; Docket No. FAA-
2013-0367; Directorate Identifier 2012-NM-177-AD.

(a) Effective Date

    This AD becomes effective September 24, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700,
701, & 702) airplanes, serial numbers 10002 and subsequent.

    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705)
and CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers
15001 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 32: Landing
gear.

(e) Reason

    This AD was prompted by a report of corrosion of the components
of the main landing gear (MLG) retraction actuator found in service;
the corrosion was found at the interface of the rod end and the
piston, and at the bracket and related pins. We are issuing this AD
to prevent disconnection of the MLG retraction actuator, which could
result in extension of the MLG without damping, and consequent
structural damage and collapse of the MLG during landing.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspection of the MLG Retraction Actuator and Corrective Actions

    For any airplane with an MLG retraction actuator assembly having
any part number and serial number identified in paragraph 1.A.,
Effectivity, of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012, except airplanes on which modification
status ``32-64'' is marked on the identification plate: At the
applicable time specified in paragraph (g)(1) or (g)(2) of this AD,
perform a detailed inspection of the retraction actuator assembly
for evidence of corrosion and security of the jam nut, as
applicable, in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012; and Goodrich Service Bulletin 49600-32-63
R1, dated May 17, 2011. If any corrosion or unsecured jam nut is
found, before further flight, replace the retract actuator with a
new or serviceable retract actuator; and install the retract
actuator in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012. Repeat the inspection at intervals not to
exceed 1,200 flight hours or 12 months, whichever occurs first.
    (1) For MLG retraction actuator assemblies on which, as of the
effective date of this AD, 8,000 or more total flight hours have
accumulated since new or since overhaul, or have been in service for
more than 4 years since new or since overhaul: Inspect within 1,200
flight hours or 12 months after the effective date of this AD,
whichever occurs first.
    (2) For MLG retraction actuator assemblies on which, as of the
effective date of this AD, less than 8,000 total flight hours have
accumulated since new or since overhaul, and have been in service
for 4 years or less since new or since overhaul: Inspect before the
accumulation of 9,200 total flight hours on the MLG retraction
actuator assembly since new or since overhaul or within 5 years in
service since new or since overhaul, whichever occurs first.

(h) Inspection of MLG Retraction Actuator Bracket and Related Pins, and
Corrective Actions

    For any airplane with an MLG dressed shock strut having any part
number and serial number identified in paragraph 1.A., Effectivity,
of Bombardier Service Bulletin 670BA-32-033, Revision B, dated June
26, 2012: Within 4,400 flight hours or 24 months after the effective
date of this AD, whichever occurs first, perform a detailed
inspection of the retract actuator bracket assembly, associated
pins, and the mating lugs on the outer cylinder for evidence of
corrosion, in accordance with Bombardier Service Bulletin 670BA-32-
033, Revision B, dated June 26, 2012; and Goodrich Service Bulletin
49000-32-46 R2, dated November 11, 2011. Do all applicable
corrective actions before further flight (i.e., replace retract
actuator bracket assembly and pins, or outer cylinder lugs, as
applicable).

(i) Installation of New Jam Nut

    For any airplane with an MLG retraction actuator assembly having
any part number and serial number identified in paragraph 1.A.,
Effectivity, of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012, except airplanes on which modification
status ``32-64'' is marked on the identification plate: Within
20,000 flight hours or 10 years after the effective date of this AD,
whichever occurs first, install a new jam nut having part number
49606-5, in accordance with Part B of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012; and Goodrich Service Bulletin 49600-32-64
R3, dated December 15, 2011.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraphs (g) and (i) of this AD, if those actions were performed
before the effective date of this AD using the service information
specified in paragraphs (j)(1)(i), (j)(1)(ii), or (j)(1)(iii) of
this AD, which is not incorporated by reference in this AD.
    (i) Bombardier Service Bulletin 670BA-32-031, dated March 14,
2011.
    (ii) Bombardier Service Bulletin 670BA-32-031, Revision A, dated
June 9, 2011.
    (iii) Bombardier Service Bulletin 769BA-32-031, Revision B,
dated July 29, 2011.
    (2) This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using the service information specified in
paragraph (j)(2)(i) or (j)(2)(ii) of this AD, which is not
incorporated by reference in this AD.
    (i) Bombardier Service Bulletin 670BA-32-033, dated March 14,
2011.
    (ii) Bombardier Service Bulletin 670BA-32-033, Revision A, dated
July 29, 2011.

(k) Parts Installation Limitations

    (1) As of the effective date of this AD, no person may install
on any airplane an MLG retraction actuator assembly having any part
number and serial number identified in paragraph 1.A., Effectivity,
of Bombardier Service Bulletin 670BA-32-031, Revision C, dated April
17, 2012, unless that retraction actuator assembly has been
inspected as specified in paragraph (g) of this AD, and all
applicable corrective actions (i.e., replacement of the retract
actuator) specified in paragraph (g) of this AD have been done.
Repeat the inspection specified in paragraph (g) of this AD
thereafter at the intervals specified in paragraph (g) of this AD.
    (2) As of the effective date of this AD, no person may install
on any airplane an MLG retraction actuator assembly having any part
number and serial number identified in paragraph 1.A., Effectivity,
of Bombardier Service Bulletin 670BA-32-033, Revision B, dated June
26, 2012, unless that retraction actuator assembly has been
inspected and all applicable corrective actions have been done, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 670BA-32-033, Revision B, dated June 26, 2012.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
Canadian Airworthiness Directive CF-2011-36R1, dated October 3,
2012, for related information, which can be found in the AD docket
on the internet at http://www.regulations.gov.
    (2) Service information identified in this AD that is not
incorporated by reference may be obtained at the address specified
in paragraph (n)(3) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Service Bulletin 670BA-32-031, Revision C, dated
April 17, 2012.
    (ii) Bombardier Service Bulletin 670BA-32-033, Revision B, dated
June 26, 2012.
    (iii) Goodrich Service Bulletin 49000-32-46 R2, dated November
11, 2011.
    (iv) Goodrich Service Bulletin 49600-32-63 R1, dated May 17,
2011.
    (v) Goodrich Service Bulletin 49600-32-64 R3, dated December 15,
2011.
    (3) For Bombardier service information identified in this AD,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    (4) For Goodrich service information identified in this AD,
contact Goodrich Corporation, Landing Gear, 1400 South Service Road,
West Oakville L6L 5Y7, Ontario, Canada; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet http://www.goodrich.com/TechPubs.
    (5) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 31, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-20109 Filed 8-19-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Page 5560]
[FR Doc No: 2017-00931]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-759-000]

Appleton Coated 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
Appleton Coated LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is January 30, 2017.
    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 are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: January 10, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-00931 Filed 1-17-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Page 63698]
[FR Doc No: 2019-24866]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87499; File No. SR-CboeBYX-2019-009]

Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Designation of Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change To
Amend the Fee Schedule Assessed on Members To Establish a Monthly
Trading Rights Fee

November 12, 2019.

    On May 2, 2019, Cboe BYX Exchange, Inc. (``BYX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the BYX fee schedule to establish a
monthly Trading Rights Fee to be assessed on Members. The proposed rule
change was immediately effective upon filing with the Commission
pursuant to Section 19(b)(3)(A) of the Act.\3\ The proposed rule change
was published for comment in the Federal Register on May 16, 2019.\4\
On June 28, 2019, the Commission temporarily suspended the proposed
rule change and instituted proceedings to determine whether to approve
or disapprove the proposed rule change.\5\ In response to the OIP, the
Commission received three comment letters, including a response letter
from the Exchange.\6\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ See Securities Exchange Act Release No. 85841 (May 10,
2019), 84 FR 22199 (``Notice'').
    \5\ See Securities Exchange Act Release No. 86232, 84 FR 32227
(July 05, 2019) (``OIP'').
    \6\ See Letters from Theodore R. Lazo, Managing Director and
Associate General Counsel, SIFMA, dated July 26, 2019 (``SIFMA
Letter''); Tyler Gellasch, Executive Director, Healthy Markets,
dated July 26, 2019 (``Healthy Markets Letter''); and Rebecca
Tenuta, Counsel, Cboe Global Markets, dated August 9, 2019
(``Exchange Response'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \7\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
The Commission may extend the period for issuing an order approving or
disapproving the proposed rule change, however, by not more than 60
days if the Commission determines that a longer period is appropriate
and publishes the reasons for such determination. The proposed rule
change was published for notice and comment in the Federal Register on
May 16, 2019.\8\ November 12, 2019 is 180 days from that date, and
January 11, 2020 is 240 days from that date.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).
    \8\ See Notice, supra note 4.
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change, the issues raised in the comment letters that have been
submitted in connection therewith, and the Exchange's response to
comments.\9\ Accordingly, the Commission, pursuant to Section 19(b)(2)
of the Act,\10\ designates January 11, 2020 as the date by which the
Commission should either approve or disapprove the proposed rule change
(File No. SR-CboeBYX-2019-009).
---------------------------------------------------------------------------

    \9\ The Commission notes that the Exchange subsequently filed a
proposed rule change to institute an identical trading rights fee
which contained additional information and analysis with regard to
the proposed fee. See Securities Exchange Act Release No. 86685
(August 15, 2019), 84 FR 43627 (August 21, 2019) (SR-CboeBYX-2019-
013). The Commission suspended and instituted proceedings for that
filing to allow for additional analysis of the proposed rule change.
See Securities Exchange Act Release No. 87140 (September 27, 2019),
84 FR 52917 (October 03, 2019) (SR-CboeBYX-2019-013).
    \10\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-24866 Filed 11-15-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: June 9, 2010 (Volume 75, Number 110)]
[Rules and Regulations]
[Page 32666-32668]
[DOCID:fr09jn10-12]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0126]
RIN 1625-AA00

Safety Zones; Annual Fireworks Events in the Captain of the Port
Detroit Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending rule 33 CFR 165.941, establishing
safety zones for annual fireworks events in the Captain of the Port
Detroit area of responsibility. This rule adds safety zones for
fireworks events. These safety zones are necessary to protect
spectators and vessels from the hazards associated with fireworks
displays.

DATES: This rule is effective June 9, 2010.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0126 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0126 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail CDR Joseph Snowden, Prevention Department, Sector
Detroit, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 14, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones; Annual Fireworks Events in the Captain of
the port Detroit Zone in the Federal Register (75 FR 19304). We
received zero comments on the proposed rule. No public meeting was
requested and none was held.
    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 this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this operation and immediate action is necessary to
prevent possible loss of life or property from the dangers that are
associated with fireworks displays.

Basis and Purpose

    This rule adds additional events not previously published in 33 CFR
165.941, Safety Zones; Annual Fireworks Events in the Captain of the
Port Detroit Zone. These additional safety zones are necessary to
protect vessels and spectators from the hazards associated with
fireworks displays. Such hazards include obstructions to the waterway
that may cause marine casualties, the explosive danger of fireworks and
debris falling into the water that may cause death or serious bodily
harm.

Discussion of Comments and Changes

    We received zero comments regarding the proposed rule. There are no
substantive changes to the rule as proposed by the NPRM published on
April 14, 2010.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the minimal time that vessels will be restricted from the zones and
the zones are in areas where the Coast Guard expects insignificant
adverse impact to mariners from the zones' activation.
    The Coast Guard's use of these safety zones will be periodic, of
short duration, and designed to minimize the impact on navigable
waters. These safety zones will only be enforced immediately before,
during, and after the time the events occur. Furthermore, these safety
zones have been designed to

allow vessels to transit unrestricted to portions of the waterways not
affected by the safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in the areas designated as safety zones in
subparagraphs (50) through (56) during the dates and times the safety
zones are being enforced.
    These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule would be in effect for short periods of time, and only once per
year, per zone. The safety zones have been designed to allow traffic to
pass safely around the zone whenever possible and vessels will be
allowed to pass through the zones with the permission of the Captain of
the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). We received zero
comments regarding the proposed rule.

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism. We received zero comments regarding the proposed rule.

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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble. We received zero comments regarding the proposed rule.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights. We received zero comments regarding the proposed rule.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden. We received zero comments
regarding the proposed rule.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
    We received zero comments regarding the proposed rule.

Indian Tribal Governments

    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. We received zero
comments regarding the proposed rule.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211. We received zero comments regarding the
proposed rule.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards. We received zero
comments regarding the proposed rule.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969

(NEPA) (42 U.S.C. 4321-4370f), and have concluded 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 is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This
rule involves the establishment of safety zones. An environmental
analysis checklist and a categorical exclusion determination are
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.

0
2. Amend Sec.  165.941 by adding new paragraphs (a)(50) through (a)(56)
to read as follows:

Sec.  165.941  Safety Zones; Annual Fireworks Events in the Captain of
the Port Detroit Zone.

    (a) * * *
    (50) Celebrate America Fireworks, Grosse Pointe Farms, MI:
    (i) Location: All waters of Lake St. Clair within a 500-foot radius
of the fireworks launch site located at position 42[deg]22'58'' N,
082[deg]53'46'' W. (NAD 83). This area is located southeast of the
Grosse Point Yacht Club.
    (ii) Expected date: One evening during the third week in June. The
exact dates and times for this event will be determined annually.
    (51) Target Fireworks, Detroit, MI:
    (i) Location: The following three areas are safety zones:
    (A) The first safety zone area will encompass all waters of the
Detroit River bounded by the arc of a circle with a 900-foot radius
with its center in position 42[deg]19'23'' N, 083[deg]04'34'' W.
    (B) The second safety zone area will encompass a portion of the
Detroit River bounded on the South by the International Boundary line,
on the West by 083[deg]03'30'' W, on the North by the City of Detroit
shoreline and on the East by 083[deg]01'15'' W.
    (C) The third safety zone will encompass a portion of the Detroit
River bounded on the South by the International Boundary line, on the
West by the Ambassador Bridge, on the North by the City of Detroit
shoreline, and on the East by the downstream end of Belle Isle. The
Captain of the Port Detroit has determined that vessels below 65 feet
in length may enter this zone.
    (ii) Expected date: One evening during the last week in June. The
exact dates and times for this event will be determined annually.
    (52) Sigma Gamma Association Fireworks, Grosse Pointe Farms, MI:
    (i) Location: All waters of Lake St. Clair, within a 300-yard
radius of the fireworks launch site located at position 42[deg]27' N,
082[deg]52' W (NAD 83) This position is located in the vicinity of
Ford's Cove.
    (ii) Expected date: One evening during the last week in June. The
exact dates and times for this event will be determined annually.
    (53) Southside Summer Fireworks, Port Huron, MI:
    (i) Location: All waters of St. Clair River within a 300 yard
radius of position 42[deg]57'55'' N, 082[deg]25'20'' W. This position
is located on the shore of the St. Clair River in the vicinity of Oak
and 3rd Street, Port Huron, MI. All geographic coordinates are North
American Datum of 1983 (NAD 83).
    (ii) Expected date: One evening during the last week in June. The
exact dates and times for this event will be determined annually.
    (54) Bay City Fireworks Festival, Bay City, MI:
    (i) Location: All waters of the Saginaw River near Bay City, MI,
from the Veteran's Memorial Bridge, located at position 43[deg]35.8' N;
083[deg]53.6' W, south approximately 1000 yards to the River Walk Pier,
located at position 43[deg]35.3' N; 083[deg]53.8' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
    (ii) Expected date: Three evenings during the first week in July.
The exact dates and times for this event will be determined annually.
    (55) Toledo 4th of July Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River within a 300-yard
radius of the fireworks launch site located at position 41[deg]38'35''
N, 083[deg]31'54'' W. All geographic coordinates are North American
Datum of 1983 (NAD 83).
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (56) Toledo Labor Day Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River within a 300-yard
radius of the fireworks launch site located at position 41[deg]38'35''
N, 083[deg]31'54'' W. All geographic coordinates are North American
Datum of 1983 (NAD 83).
    (ii) Expected Date: One evening during the first week in September.
The exact dates and times for this event will be determined annually.
* * * * *

    Dated: May 24, 2010.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2010-13805 Filed 6-8-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 21, 2009 (Volume 74, Number 138)]
[Rules and Regulations]
[Page 35801]
[DOCID:fr21jy09-14]

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

Food and Drug Administration

21 CFR Part 14

[Docket No. FDA-2009-N-0310]

Advisory Committee; Risk Communication Advisory Committee;
Termination and Recharter

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
termination and the recharter of the Risk Communication Advisory
Committee (the committee). These actions are needed to implement the
Federal Food, Drug, and Cosmetic Act (the act) as amended by the Food
and Drug Administration Amendments Act of 2007, to change the committee
from a discretionary to a statutory committee. This document also
amends the agency's regulations which list advisory committees to
reflect that the Risk Communication Advisory Committee has been
rechartered and to revise the function statement.

DATES: This rule is effective July 21, 2009. The committee is being
rechartered and the new charter will remain in effect until amended or
terminated by the Commissioner of Food and Drugs (the Commissioner) or
designee.

FOR FURTHER INFORMATION CONTACT: Lee Zwanziger, Office of Policy and
Planning (HFP-1), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, or e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Federal Advisory Committee Act of
October 6, 1972 (Public Law 92-463 (5 U.S.C. app. 2)); section 904 of
the act (21 U.S.C. 394), as amended by the Food and Drug Administration
Revitalization Act (Public Law 101-635); and 21 CFR 14.40(b), FDA is
announcing the termination and the recharter of the committee by the
Commissioner. The committee advises the Commissioner and designees on
methods to effectively communicate risks associated with products
regulated by FDA, and in discharging responsibilities as they relate to
helping ensure safe and effective drugs for human use and any other
product for which FDA has regulatory responsibility. The committee also
reviews and evaluates strategies and programs designed to communicate
with the public about the risks and benefits of FDA-regulated products
so as to facilitate optimal use of these products. In addition, the
committee reviews and evaluates research relevant to such communication
to the public by both FDA and other entities. It also facilitates
interactively sharing risk and benefit information with the public to
enable people to make informed independent judgments about using FDA-
regulated products.
    The committee will be composed of a core of 15 voting members
including the Chair. Members and the Chair are selected by the
Commissioner or designee from among authorities knowledgeable in fields
such as social marketing, health literacy, and other relevant areas.
Members will include experts on risk communication; experts on emerging
postmarket drug risks; and individuals knowledgeable about and
experienced in the work of patient, consumer, and health professional
organizations. Members will be invited to serve for overlapping terms
of up to 4 years. Almost all non-Federal members of this committee
serve as Special Government Employees. Some members will be selected to
provide experiential insight on the communication needs of the various
groups who use FDA-regulated products. The latter may include patients
and patients' family members; health professionals; communicators in
health, medicine, and science; and persons affiliated with consumer,
specific disease, or patient safety advocacy groups. The Commissioner
or designee shall also have the authority to select from a group of
individuals nominated by industry to serve temporarily as nonvoting
members who are identified with industry interests. The number of
temporary members selected for a particular meeting will depend on the
meeting topic(s).
    Under 5 U.S.C. 553(b)(3)(B) and (d) and 21 CFR 10.40(d) and (e),
the agency finds good cause to dispense with notice and public comment
procedures and to proceed to an immediate effective date on this rule.
Notice and public comment and a delayed effective date are unnecessary
and are not in the public interest as this final rule merely amends the
information in Sec.  14.100 (21 CFR 14.100) to reflect the rechartering
of the committee and to revise the function statement.
    Therefore, the agency is amending Sec.  14.100(a)(4)(i) and
(a)(4)(ii) as set forth in the regulatory text of this document.

List of Subjects in 21 CFR Part 14

    Administrative practice and procedure, Advisory committees, Color
additives, Drugs, Radiation protection.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
14 is amended as follows:

PART 14--PUBLIC HEARING BEFORE A PUBLIC ADVISORY COMMITTEE

0
1. The authority citation for 21 CFR part 14 continues to read as
follows:

    Authority:  5 U.S.C. App. 2; 15 U.S.C. 1451-1461, 21 U.S.C. 41-
50, 141-149, 321-394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42
U.S.C. 201, 262, 263b, 264; Pub. L. 107-109; Pub. L. 108-155.

0
2. Section 14.100 is amended by revising paragraphs (a)(4)(i) and
(a)(4)(ii) to read as follows:

Sec.  14.100  List of standing advisory committees.

* * * * *
    (a) * * *
    (4) * * *
    (i) Date Rechartered: July 9, 2009.
    (ii) Function: The committee reviews and evaluates strategies and
programs designed to communicate with the public about the risks and
benefits of FDA-regulated products so as to facilitate optimal use of
these products. The committee also reviews and evaluates research
relevant to such communication to the public by both FDA and other
entities. It also facilitates interactively sharing risk and benefit
information with the public to enable people to make informed
independent judgments about use of FDA-regulated products.
* * * * *

    Dated: July 10, 2009.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E9-17218 Filed 7-20-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Notices]
[Pages 13782-13783]
[FR Doc No: 2016-05773]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC15-7-000]

Commission Information Collection Activities (FERC-915); Comment
Request

AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Comment request.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory
Commission (Commission or FERC) is submitting its information
collection FERC-915 (Public Utility Market-Based Rate Authorization
Holders--Records Retention Requirements) to the Office of Management
and Budget (OMB) for review of the information collection requirements.
Any interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission previously issued a 60-day notice (80 FR 28264, 5/18/
2015) and a 30-day notice (80 FR 52469, 8/28/2015) in the Federal
Register requesting public comments. The Commission received no
comments on the FERC-915 in response to its previous notices. The
Commission is issuing this notice to clarify the burden and cost (not
related to burden) for the FERC-915 information collection. The
Commission is requesting comment on these clarifications.

DATES: Comments on the collection of information are due by March 25,
2016.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0250 or collection number (FERC-915), should be sent via email to
the Office of Information and Regulatory Affairs:
<EMAIL_ADDRESS>Attention: Federal Energy Regulatory
Commission Desk Officer. The Desk Officer may also be reached via
telephone at<PHONE_NUMBER>.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC15-7-000, by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.

    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-915, Public Utility Market-Based Rate Authorization
Holders--Records Retention Requirements.
    OMB Control No.: 1902-0250.
    Type of Request: Three-year extension of the FERC-915 information
collection requirements with no changes to the reporting requirements.
    Abstract: The Commission has the regulatory responsibility under
section 205 of the Federal Power Act (FPA) to ensure that wholesale
sales of electricity are just and reasonable and provided in a non-
discriminatory manner. The Commission uses the information maintained
by the respondents under FERC-915 to monitor the entities' sales,
ensure that the prices are just and reasonable, maintain the integrity
of the wholesale jurisdictional sales markets, and ensure that the
entities comply with the requirements of the FPA and any orders
authorizing market-based rate sales. FERC-915 information collection
requirements are contained in 18 Code of Federal Regulations part
35.41(d). The purpose of this notice is to clarify the burden and cost
(not related to burden). Commission staff discovered that burden in the
60 and 30-day notices was incorrectly presented. Specifically, labor
costs (for 1,955 burden hours) associated with electronic record
retention/storage cost ($27,370) was not included in the burden table
(but was presented elsewhere in the notices). Additionally, the
electronic record storage cost should be $29,814 (rather than $13,191).
These clarifications are provided in the ``Estimate of Annual Burden.''
    Type of Respondents: Public Utility Market-Based Rate Authorization
Holders.
    Estimate of Annual Burden \1\: The Commission estimates the total
Public Reporting Burden for this information collection as:
---------------------------------------------------------------------------

    \1\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal
agency. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.

                           FERC-915--Public Utility Market-Based Rate Authorization Holders--Record Retention Requirements \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Annual  number
                                          Number of     of  responses   Total number    Average  burden & cost     Total annual  burden      Cost per
                                         respondents         per        of responses         per response         hours &  total annual     respondent
                                                         respondent                                                        cost                 ($)
                                                  (1)             (2)   (1)*(2) = (3)  (4).....................  (3)*(4) = (5)..........       (5) / (1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Electric Utilities with Market-Based            1,955               1           1,955  1 hr.; $30.66...........  1,955 hrs.; $59,940....          $30.66
 Rate Authority (paper storage) \3\.
Electric Utilities with Market-Based            1,955           \5\ 1           1,955  0.5 hr.; $14 \6\........  977.5 hrs.; $27,370....             $14
 Rate Authority (electronic storage)
 \4\.
                                                                      ----------------                          -------------------------

    Total............................  ..............  ..............       \7\ 1,955  ........................  2,932.5 hrs.; $87,310..  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Annual Cost Burden to Respondents:
---------------------------------------------------------------------------

    \2\ Each of these entities' records consist of 50% paper and 50%
electronic records.
    \3\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $30.66 per
Hour = Average Cost per Response. The hourly cost figure comes from
the Bureau of Labor Statistics Web site (http://www.bls.gov/oes/current/naics2_22.htm). The occupation title is ``file clerk'' and
the occupation code is 43-4071. 69.4 percent of this cost is hourly
wages. The rest of the cost is benefits (http://www.bls.gov/news.release/ecec.nr0.htm).
    \4\ Upon further research, Commission staff discovered that both
the 60-day (80 FR 28264, 5/18/2015) and 30-day (80 FR 52469, 8/28/
2015) notices had accounted for electronic storage cost incorrectly.
The burden table has been corrected to include labor related to
electronic storage in this row. The number of responses and related
burden/cost has been adjusted.
    \5\ Only 50% of records for each entity are stored in electronic
format.
    \6\ The Commission bases the $28/hour figure on a FERC staff
study that included estimating public utility recordkeeping costs.
    \7\ The total number of responses will be 1,955 due to the
Commisson's assumption that each entity has records in both paper
and electronic storage.. The burden for each category of storage is
separated by row in this burden table.
---------------------------------------------------------------------------

     Record retention/storage cost for paper records (using an
estimate of 48,891 cubic feet): $315,792 \8\
---------------------------------------------------------------------------

    \8\ The Commission bases this figure on industry archival
storage costs.
---------------------------------------------------------------------------

     Electronic record storage cost: 1,955 respondents *
$15.25/year \9\ = $29,814
---------------------------------------------------------------------------

    \9\ The Commission bases the estimated $15.25/year for each
entity on the estimated cost to service and to store 1 GB of data
(based on the aggregated cost of an IBM advanced data protection
server).
---------------------------------------------------------------------------

    Total non-labor costs: $345,606 ($315,792 + $29,814 = $345,606)
    Comments: Comments are invited on: (1) whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: March 9, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-05773 Filed 3-14-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Page 1497]
[FR Doc No: 2021-00116]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9054-7]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed December 23, 2020 10 a.m. EST Through January 4, 2021 10 a.m. EST
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20210000, Draft, BOEM, NY, South Fork Wind Farm and South Fork
Export Cable Project, Comment Period Ends: 02/22/2021, Contact:
Michelle Morin<PHONE_NUMBER>.

    Dated: January 4, 2021.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2021-00116 Filed 1-7-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Notices]
[Pages 8886-8887]
[FR Doc No: 2020-03121]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002; Internal Agency Docket No. FEMA-B-2011]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. 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). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before May 18, 2020.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2011, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed 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. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

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

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

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                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Boulder County, Colorado and Incorporated Areas
        Project: 19-08-0003S Preliminary Date: September 30, 2019
------------------------------------------------------------------------
City of Boulder........................  Park Central, 1739 Broadway,
                                          Boulder, CO 80302.
City of Longmont.......................  Civic Center, 350 Kimbark
                                          Street, Longmont, CO 80501.
Town of Erie...........................  Town Hall, 645 Holbrook Street,
                                          Erie, CO 80516.
Town of Jamestown......................  Town Hall, 118 Main Street,
                                          Jamestown, CO 80455.
Town of Lyons..........................  Town Hall, 432 5th Avenue,
                                          Lyons, CO 80540.
Town of Nederland......................  Town Hall, 45 West 1st Street,
                                          Nederland, CO 80466.
Town of Superior.......................  Town Hall, 124 East Coal Creek
                                          Drive, Superior, CO 80027.
Town of Ward...........................  Town Hall, 1 Columbia Street,
                                          Ward, CO 80481.
Unincorporated Areas of Boulder County.  Boulder County Transportation
                                          Department, 2525 13th Street,
                                          Suite 203, Boulder, CO 80304.
------------------------------------------------------------------------

[FR Doc. 2020-03121 Filed 2-14-20; 8:45 am]
 BILLING CODE 9111-23-P