[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Page 70235]
[FR Doc No: 2010-28902]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. CP11-15-000]

Columbia Gas Transmission, LLC; Notice of Request Under Blanket
Authorization

November 8, 2010.
    Take notice that on October 26, 2010, Columbia Gas Transmission,
LLC (Columbia) 5151 San Felipe, Suite 2500, Houston, Texas 77056, filed
in Docket No. CP11-15-000, an application pursuant to sections 157.205
and 157.210 of the Commission's Regulations under the Natural Gas Act
(NGA) as amended, to construct certain natural gas facilities in
Lincoln County, West Virginia, under Columbia's blanket certificate
issued in Docket No. CP83-76-000, \1\ all as more fully set forth in
the application which is on file with the Commission and open to the
public for inspection.
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    \1\ 22 FERC ] 62,029 (1983).
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    Columbia proposes to construct approximately 1.1 miles of 16-inch
diameter pipeline and appurtenances as a parallel loop to Columbia's
Line SM-116 in Lincoln County. Columbia states that the new pipeline
would be constructed beginning at a point approximately 1.1 miles south
of the Hamlin compressor station and tie in with Line SM-116 at the
suction side of the Hamlin compressor station. Columbia estimates that
the proposed new pipeline and appurtenances would cost $3,900,000 to
construct and would create an additional 38,535 dekatherms per day of
capacity.
    Any questions concerning this application may be directed to
Fredric J. George, Senior Counsel, Columbia Gas Transmission, LLC, P.O.
Box 1273, Charleston, West Virginia 25325-1273 or via telephone at
(304) 357-2359 or by facsimile<PHONE_NUMBER>.
    This filing is available for review at the Commission or may be
viewed on the Commission's Web site at http://www.ferc.gov, using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number filed to access the document. For
assistance, please contact FERC Online Support at FERC
<EMAIL_ADDRESS>or call toll-free at<PHONE_NUMBER>, or, for
TTY, contact<PHONE_NUMBER>. Comments, protests and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
intervenors to file electronically.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-28902 Filed 11-16-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Page 5071]
[FR Doc No: 2019-02716]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12966-004]

Utah Board of Water Resources; Notice of Comment Period Extension

    On December 19, 2018, the Commission issued a letter extending the
reply comment period for the proposed Lake Powell Pipeline Project (P-
12966-004) to January 18, 2019. Due to the funding lapse at certain
federal agencies between December 22, 2018 and January 25, 2019, the
Commission is extending the reply comment period until March 11, 2019.

    Dated: February 11, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-02716 Filed 2-19-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 897-900]
[FR Doc No: 2012-31636]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0587; FRL-9732-9]

Revisions to the California State Implementation Plan, San Diego
APCD, Northern Sierra AQMD, and Sacramento Metropolitan AQMD

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
San Diego Air Pollution Control District (SDAPCD), Northern Sierra Air
Quality Management District (NSAQMD), and Sacramento Metropolitan Air
Quality Management District (SMAQMD) portions of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) emissions from the transfer of gasoline at gasoline
dispensing facilities. We are approving local rules that regulate these
emission sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on March 8, 2013 without further notice,
unless EPA receives adverse comments by February 6, 2013. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0587, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or Deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.

Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that

you consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal.
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules or rule revisions?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations to further improve the rules.
    D. Public comment and final action.
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were amended by the local air agencies and submitted by the California
Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                Rule
                Local agency                             Rule title              Amended     Submitted
----------------------------------------------------------------------------------------------------------------
SDAPCD.....................................       61.4  Transfer of Volatile Organic       03/26/08     07/18/08
                                                         Compounds into Vehicle Fuel
                                                         Tanks.
NSAQMD.....................................        214  Phase I Vapor Recovery             04/25/11     09/27/11
                                                         Requirements.
SMAQMD.....................................        448  Gasoline Transfer into             02/26/09     04/05/11
                                                         Stationary Storage Containers.
SMAQMD.....................................        449  Transfer of Gasoline into          02/26/09     04/05/11
                                                         Vehicle Fuel Tanks.
----------------------------------------------------------------------------------------------------------------

    On August 22, 2008, October 24, 2011, and May 6, 2011, EPA
determined that the submittal for SDAPCD Rule 61.4, NSAQMD Rule 214,
and SMAQMD Rules 448 and 449 met the completeness criteria in 40 CFR
part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    There is no previous version of NSAQMD Rule 214 in the SIP,
although the NSAQMD adopted earlier versions of these rules on March
27, 2007 and February 22, 2010, and CARB submitted them to us on March
7, 2008 and July 20, 2010. We approved an earlier version of SDAPCD
Rule 61.4 into the SIP on May 13, 1993 (58 FR 28354). The SDAPCD
adopted revisions to the SIP-approved version of SDAPCD Rule 61.4 on
March 26, 2008 and CARB submitted them to us on July 18, 2008. We also
approved earlier versions of SMAQMD Rule 448 into the SIP on January
23, 1996 (61 FR 1716) and SMAQMD Rule 449 into the SIP on March 24,
2003 (68 FR 14156). The SMAQMD adopted revisions to the SIP-approved
versions of the two rules on February 26, 2009 and CARB submitted them
to us on April 5, 2011. While we can act on only the most recently
submitted version, we have reviewed materials provided with previous
submittals.

C. What is the purpose of the submitted rules or rule revisions?

    Volatile organic compounds (VOCs) help produce ground-level ozone
and smog, which harm human health and the environment. Section 110(a)
of the CAA requires States to submit regulations that control VOC
emissions. The revisions to the gasoline transfer rules incorporate an
exemption when widespread onboard refueling vapor recovery system is in
use and update several standards to match what is required by the
California Air Resources Board regarding certification, testing,
monitoring, and recordkeeping. EPA's technical support document (TSD)
has more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). The SDAPCD, NSAQMD, and
SMAQMD regulate ozone nonattainment areas (see 40 CFR part 81), so
NSAQMD Rule 214, SMAQMD Rule 448, and SMAQMD Rule 449 must fulfill
RACT. However, because SDAPCD was classified on May 14, 2012 (77 FR
28424), RACT SIP requirements for the district do not come into effect
until one year after the effective date of the classification and do
not currently apply to SDAPCD Rule 61.4.
    Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:

    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook).
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``Design Criteria for Stage I Vapor Control Systems Gasoline
Service Stations'' (EPA-450/R-75-102-1975/11) November 1975.
    4. ``Gasoline Vapor Recovery Guidelines'', EPA Region IX, April
24, 2000.
    5. ``Technical Guidance--Stage II vapor Recovery Systems for
Control of Vehicle Refueling Emissions at Gasoline Dispensing
Facilities.'' (EPA-450/3-91-022a) November 1991.
    6. ``EPA's Draft Model Rule, Gasoline Dispensing Facility--Stage
II Vapor Recovery,'' August 17, 1992.

B. Do the rules meet the evaluation criteria?

    We believe NSAQMD Rule 214, SMAQMD Rule 448, and SMAQMD Rule 449
are consistent with the relevant policy and guidance regarding
enforceability, RACT, and SIP relaxations. While SDAPCD Rule 61.4 does
not meet RACT requirements, it is consistent with the relevant policy,
guidance regarding enforceability, and SIP relaxations. The TSD has
more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSD describes additional rule revisions that we recommend for
the next time the local agencies modify the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by February 6, 2013, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on March 8, 2013. This will incorporate these
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR Sec.  52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the Act. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 8, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the Proposed Rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: September 5, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52 [AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(359)(i)(F),
(388)(i)(D)(4) and (5) and (404)(i)(B)(2) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (359) * * *
    (i) * * *
    (F) San Diego County Air Pollution Control District.

    (1) Rule 61.4, ``Transfer of Volatile Organic Compounds into
Vehicle Fuel Tanks,'' revised on March 26, 2008.
* * * * *
    (388) * * *
    (i) * * *
    (D) * * *
    (4) Rule 448, ``Gasoline Transfer into Stationary Storage
Containers,'' amended on February 26, 2009.
    (5) Rule 449, ``Transfer of Gasoline into Vehicle Fuel Tanks,''
amended on February 26, 2009.
* * * * *
    (404) * * *
    (i) * * *
    (B) * * *
    (2) Rule 214, ``Phase I Vapor Recovery Requirements,'' amended on
April 25, 2011.
* * * * *
[FR Doc. 2012-31636 Filed 1-4-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Notices]
[Pages 16835-16836]
[FR Doc No: 2012-6877]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0240; FRL-9514-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Lime Manufacturing
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before April 23,
2012.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2011-0240, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 9, 2011 (76 FR 26900), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2011-0240, which is available for public viewing
online at http://www.regulations.gov, or in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains

copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: NSPS for Lime Manufacturing (Renewal).
    ICR Numbers: EPA ICR Number 1167.10, OMB Control Number 2060-0063.
    ICR Status: This ICR is scheduled to expire on April 30, 2012.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB Control Number. The OMB Control Number for the EPA
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are
identified on the form and/or instrument, if applicable.
    Abstract: The New Source Performance Standards for Lime
Manufacturing are subject to the General Provisions of the NSPS at 40
CFR part 60, subpart A, and any changes, or additions to the Provisions
specified at 40 CFR part 60, subpart HH.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    All reports are sent to the delegated state or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA regional office. This information is being
collected to assure compliance with 40 CFR part 60, subpart HH, as
authorized in section 112 and 114(a) of the Clean Air Act. The required
information consists of emissions data and other information that have
been determined to be private.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 46
hours per response. ``Burden'' means 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. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Lime production facilities.
    Estimated Number of Respondents: 41
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 3,772
    Estimated Total Annual Cost: $422,931, which includes $361,431 in
labor costs, no capital/startup costs, and $61,500 in operation and
maintenance (O&M) costs.
    Changes in the Estimates: There is an increase in costs for both
the respondents and the Agency from the most recently approved ICR. The
increase in burden cost is due to adjustments in labor rates. This ICR
uses updated labor rates from the Bureau of Labor Statistics to
calculate burden costs.
    There is a decrease of one hour in labor hours for the respondents
related to a mathematical rounding error in the previous ICR. There is
no change in the estimation methodology for labor hours to the
respondents in this ICR compared to the previous ICR. This is due to
two considerations: (1) The regulations have not changed over the past
three years and are not anticipated to change over the next three
years; and (2) the growth rate for respondents is very low, negative,
or non-existent.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-6877 Filed 3-21-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 2, 2007 (Volume 72, Number 22)]
[Notices]
[Page 5050-5052]
[DOCID:fr02fe07-61]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0037; FRL-8113-1]

Pesticide Registration Review; New Dockets Opened for Review and
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has established registration review dockets for the
pesticides listed in the table in Unit III.A. With this document, EPA
is opening the public comment period for these registration reviews.
Registration review is EPA's periodic review of pesticide registrations
to ensure that each pesticide continues to satisfy the statutory
standard for registration, that is, the pesticide can perform its
intended function without unreasonable adverse effects on human health
or the environment. Registration review dockets contain information
that will assist the public in understanding the types of information
and issues that the Agency may consider during the course of
registration reviews. Through this program, EPA is ensuring that each
pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.
This document also announces the Agency's intent not to open a
registration review docket for sulfosate. This pesticide does not
currently have any active federally registered pesticide products and
is not, therefore, scheduled for review under the registration review
program.

DATES: Comments must be received on or before May 3, 2007.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number for the specific pesticide of interest provided in the
table in Unit III.A., by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the

on-line instructions for submitting comments.
    Mail. Office of Pesticide Programs (OPP) Regulatory Public Docket
(7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
    Delivery. OPP Regulatory Public Docket (7502P), Environmental
Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries are only accepted during the
Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays). Special arrangements should be made
for deliveries of boxed information. The Docket telephone number is
(703) 305-5805.
    Instructions. Direct your comments to the docket ID numbers listed
in the Table in Unit III.A. for the pesticides you are commenting on.
EPA's policy is that all comments received will be included in the
docket without change and may be made available on-line at http://www.regulations.gov
, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov or e-mail. The
regulations.gov website is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your

comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket. All documents in the docket are listed in the docket index
that is available at http://www.regulations.gov. Although listed in the

index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available electronically at http://www.regulations.gov
 , or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: For information about the pesticides
included in this notice, contact the specific Chemical Review Managers
for these pesticides as identified in the table in Unit III.A. of this
document.
    For general questions on the registration review program, contact
Kennan Garvey, Special Review and Reregistration Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-7106; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Authority

    EPA is initiating its reviews of the pesticides identified in this
document pursuant to section 3(g) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) and the Procedural Regulations
for Registration Review published on August 9, 2006, and effective on
October 10, 2006 (71 FR 45719) (FRL-8080-4), also at http://www.epa.gov/fedrgstr/EPA-PEST/2006/August/Day-09/p12904.htm.
 Section

3(g) of FIFRA provides, among other things, that the registrations of
pesticides are to be periodically reviewed. The goal is a review of a
pesticide's registration every 15 years. Under section 3(a) of FIFRA, a
pesticide product may be registered or remain registered only if it
meets the statutory standard for registration given in FIFRA section
3(c)(5). When used in accordance with widespread and commonly
recognized practice, the pesticide product must perform its intended
function without unreasonable adverse effects on the environment; that
is, without any unreasonable risk to man or the environment, or a human
dietary risk from residues that result from the use of a pesticide in
or on food.

III. Registration Reviews

A. What Action is the Agency Taking?

    As directed by FIFRA section 3(g), EPA is periodically reviewing
pesticide registrations to assure that they continue to satisfy the
FIFRA standard for registration--that is, they can still be used
without unreasonable adverse effects on human health or the
environment. The implementing regulations establishing the procedures
for registration review appear at 40 CFR part 155. A pesticide's
registration review begins when the Agency establishes a docket for the
pesticide's registration review case and opens the docket for public
review and comment. At present, EPA is opening registration review
dockets for the cases identified in the following table.

                Table--Registration Review Dockets Opening
------------------------------------------------------------------------
                                                        Chemical Review
  Registration Review Case Name    Pesiticde Docket      Manager Name,
           and Number                  ID Number       Phone Number, E-
                                                         mail Address
------------------------------------------------------------------------
Clomazone (7203)                  EPA-HQ-OPP-2006-01  Casey Jarvis,
                                   13<PHONE_NUMBER>,
                                                      jarvis.casey@epa.
                                                       ov
------------------------------------------------------------------------

Hexythiazox (7404)                EPA-HQ-OPP-2006-01  Molly Clayton,
                                   14<PHONE_NUMBER>
                                                      clayton.molly@epa.
                                                       gov
------------------------------------------------------------------------
Lactofen (7210)                   EPA-HQ-OPP-2005-02  Amaris Johnson,
                                   87<PHONE_NUMBER>,
                                                      johnson.amaris@epa
                                                       .gov
------------------------------------------------------------------------

    EPA is also announcing that it will not be opening a docket for
sulfosate because this pesticide is not included in any products
actively registered under section 3 of FIFRA. Sulfosate federally
registered products have been canceled under the ``Cancellation of
Pesticides for Non-payment of Year 2004 Maintenance Fees'' (October 27,
2004; 69 FR 62666; FRL-7683-7). The Agency will take separate actions
to propose revocation of any affected tolerances that are not supported
for import purposes only.

B. Docket Content

    1. Review dockets. The registration review dockets contain
information that the Agency may consider in the course of the
registration review. The Agency may include information from its files
including, but not limited to, the following information:
     An overview of the registration review case status.
     A list of current product registrations and registrants.
     FR Notices regarding any pending registration actions.
     FR Notices regarding current or pending tolerances.
     Risk assessments.
     Bibliographies concerning current registrations.
     Summaries of incident data.
     Any other pertinent data or information.
    Each docket contains a document summarizing what the Agency
currently knows about the pesticide case that includes a preliminary
work plan for anticipated assessment and data needs. Additional
documents provide more detailed information. During this public comment
period, the Agency is asking that interested persons identify any
additional information they believe the Agency should consider during
the registration reviews of these pesticides. The Agency identifies in
each docket the areas where public comment is specifically requested,
though comment in any area is welcome.
    2. Other related information. More information on these cases,
including the active ingredients for each case, may be located in the
registration review schedule on the Agency's website at http://www.epa.gov/oppsrrd1/registration_review/schedule.htm.
 Information on

the Agency's registration review program and its implementing
regulation may be seen at http://www.epa.gov/oppsrrd1/registration_review/
.

    3. Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
    To ensure that EPA will consider data or information submitted,
interested persons must submit the data or information during the
comment period. The Agency may, at its discretion, consider data or
information submitted at a later date.
    The data or information submitted must be presented in legible and
useable form. For example, an English translation must accompany any
material that is not in English and a written transcript must accompany
any information submitted as an audiographic or videographic record.
Written material may be submitted in paper or electronic form.
    Submitters must clearly identify the source of any submitted data
or information.
    Submitters may request the Agency to reconsider data or information
that the Agency rejected in a previous review. However, submitters must
explain why they believe the Agency should reconsider the data or
information in the pesticide's registration review.
    As provided in 40 CFR part 155, subpart C, Sec.  155.58, the
registration review docket for each pesticide case will remain publicly
accessible through the duration of the registration review process;
that is, until all actions required in the final decision on the
registration review case have been completed.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: January 31, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.

[FR Doc. 07-486 Filed 1-31-07; 12:19 pm]

BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Notices]
[Page 43964]
[FR Doc No: 2017-19956]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2017-0518]

Notice of Intent To Prepare a Programmatic Environmental
Assessment (PEA) for Financing Water and Wastewater Infrastructure
Projects Pursuant to the Water Infrastructure Finance and Innovation
Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Initiation of scoping.

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SUMMARY: Consistent with the National Environmental Policy Act (NEPA),
the Council on Environmental Quality's NEPA regulations, and EPA's
regulations for implementing NEPA, EPA will prepare a Programmatic
Environmental Assessment (PEA) to analyze the potential environmental
impacts related to providing individual long-term, low-cost
supplemental loans or loan guarantees for regionally and nationally
significant eligible water and wastewater infrastructure projects under
the Water Infrastructure Finance and Innovation Act (WIFIA) Program.
EPA will use the information in the PEA to determine whether to prepare
an Environmental Impact Statement (EIS). Future proposed actions under
WIFIA that have potential impacts not sufficiently addressed by this
PEA may require consideration in a separate NEPA document.
    This notice initiates the scoping process by inviting comments from
Federal, State, and local agencies, Indian tribes, and the public to
help identify the environmental issues and reasonable alternatives to
be examined in the PEA. The scoping process will inform the preparation
and issuance of the PEA, which will be made available for public
comment.

DATES: Comments must be received on or before October 20th, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2017-0518 to the Federal eRulemaking Portal: https://www.regulations.gov/. Please follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
withdrawn. The EPA may publish public comments received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Alejandro Escobar, Water
Infrastructure Division, WIFIA Program, Mail Code: 4201T, Environmental
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA is seeking public comment to determine
the scope of projects, environmental issues and reasonable alternatives
to be addressed in the PEA on providing loans or loan guarantees for
water and wastewater infrastructure projects under the Water
Infrastructure Finance and Innovation Act (WIFIA) Program.
    The Water Infrastructure Finance and Innovation Act of 2014 (WIFIA)
established the WIFIA program, a federal credit program administered by
EPA for eligible water and wastewater infrastructure projects. WIFIA
and the WIFIA implementation rule (see 81 FR 91822) outline the
eligibility and other requirements for prospective borrowers. Eligible
borrowers are: Local, State, Tribal, and Federal government entities;
partnerships and joint ventures; corporations and trusts; and Clean
Water and Drinking Water State Revolving Fund (SRF) programs.
    The WIFIA program can finance development and implementation
activities for the following eligible projects: Wastewater conveyance
and treatment projects that are eligible for the Clean Water SRF;
drinking water treatment and distribution projects that are eligible
for the Drinking Water SRF; enhanced energy efficiency projects at
drinking water and wastewater facilities; brackish or seawater
desalination, aquifer recharge, alternative water supply, and water
recycling projects; drought prevention, reduction, or mitigation
projects; acquisition of property if it is integral to the project or
will mitigate the environmental impact of a project; and a combination
of projects secured by a common security pledge or submitted under one
application by an SRF program.
    Eligible development and implementation activities are: Development
phase activities, including planning, preliminary engineering, design,
environmental review, revenue forecasting, and other pre-construction
activities; construction, reconstruction, rehabilitation, and
replacement activities; acquisition of real property or an interest in
real property, environmental mitigation, construction contingencies,
and acquisition of equipment; capitalized interest necessary to meet
market requirements, reasonably required reserve funds, capital
issuance expenses and other carrying costs during construction.
    EPA is currently planning to analyze two alternatives in the PEA:
No Action, that is not providing financing; and the proposed action,
which is providing financing to individual selected applicants. The PEA
will focus its analysis on the potential environmental impacts of both
alternatives. Subject areas to be addressed include, but are not
limited to: Public health, water quality and quantity (surface and
groundwater), historic properties, and threatened and endangered
species.

    Dated: September 14, 2017.
Kelly Knight,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2017-19956 Filed 9-19-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Notices]
[Pages 58321-58322]
[FR Doc No: 2015-24515]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75959; File No. SR-ISE Gemini-2015-16]

Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Schedule of Fees

September 22, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 11, 2015, ISE Gemini, LLC (the ``Exchange'' or ``ISE
Gemini'') filed with the Securities and Exchange Commission the
proposed rule change, as described in Items I, II, and III below, which
Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    ISE Gemini proposes to amend the Schedule of Fees as described in
more detail below. The text of the proposed rule change is available on
the Exchange's Internet Web site at http://www.ise.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The self-regulatory organization 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
    The Exchange proposes to amend its Schedule of Fees to increase
Taker Fees and Fees for Responses to Crossing Orders \3\ (excluding PIM
orders) for Market Maker,\4\ Non-ISE Gemini Market Maker,\5\ Firm
Proprietary \6\/Broker-Dealer,\7\ and Professional Customer \8\
(collectively, ``non-Priority Customer'') orders in Non-Penny
Symbols.\9\ In Non-Penny Symbols, the current Taker Fee for Market
Maker orders is $0.86 per contract, and the current Taker Fee for Non-
ISE Gemini Market Maker, Firm Proprietary/Broker Dealer, and
Professional Customer orders is $0.87 per contract. Additionally, ISE
Gemini charges Fees for Responses to Crossing Orders that are
equivalent to the Taker Fees described above. The Exchange now proposes
to increase its Taker Fees and Fees for Responses to Crossing Orders to
$0.89 per contract for all non-Priority Customer orders executed in
Non-Penny Symbols.
---------------------------------------------------------------------------

    \3\ ``Responses to Crossing Orders'' are any contra-side
interest (i.e., orders & quotes) submitted after the commencement of
an auction in the Exchange's Facilitation Mechanism, Solicited Order
Mechanism, Block Order Mechanism or Price Improvement Mechanism
(``PIM'').
    \4\ The term Market Maker refers to ``Competitive Market
Makers'' and ``Primary Market Makers'' collectively. See Rule
100(a)(25).
    \5\ A ``Non-ISE Gemini Market Maker'' is a market maker as
defined in Section 3(a)(38) of the Securities Exchange Act of 1934,
as amended, registered in the same options class on another options
exchange.
    \6\ A ``Firm Proprietary'' order is an order submitted by a
member for its own proprietary account.
    \7\ A ``Broker-Dealer'' order is an order submitted by a member
for a broker-dealer account that is not its own proprietary account.
    \8\ A ``Professional Customer'' is a person or entity that is
not a broker/dealer and is not a Priority Customer.
    \9\ ``Non[hyphen]Penny Symbols'' are options overlying all
symbols excluding Penny Symbols.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\10\ in general, and
Section 6(b)(4) of the Act,\11\ in particular, in that it is designed
to provide for the equitable allocation of reasonable dues, fees, and
other charges among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable and equitable to
increase fees for non-Priority Customer orders in Non-Penny Symbols as
the proposed Taker Fee is marginally higher than ISE's current fees and
is set at a level ISE believes will remain attractive to its members.
Further, the proposed Taker Fee is within the range of fees charged by
other options exchanges, including, for example, the Nasdaq Options
Market (``NOM''), which charges a fee of $0.94 per contract for Non-
Priority Customer orders in Non-Penny Pilot Symbols.\12\ Similarly, the
proposed Fee for Responses to Crossing Orders in Non-Penny Symbols is
being increased slightly and is appropriate to attract price
improvement for Crossing Orders submitted to ISE. Further, the proposed
Fee for Responses to Crossing Orders in Non-Penny Symbols is within the
range of fees charged by other options exchanges, including, for
example, BOX Options Exchange (``BOX''), which charges up to $1.22 per
contract for non-customer responses in Non-Penny Pilot Symbols.\13\ In
addition, while the Exchange is increasing the fee spread between non-
Priority Customer and Priority Customer \14\ orders, the

Exchange does not believe that the proposed changes are unfairly
discriminatory. A Priority Customer is by definition not a broker or
dealer in securities, and does not place more than 390 orders in listed
options per day on average during a calendar month for its own
beneficial account(s). This limitation does not apply to participants
whose behavior is substantially similar to that of market
professionals, including Professional Customers, who will generally
submit a higher number of orders (many of which do not result in
executions) than Priority Customers. Thus, as has historically been the
case, Priority Customer orders remain entitled to more favorable fees
than other market participants.
---------------------------------------------------------------------------

    \12\ See NOM Fee Schedule, Chapter XV Options Pricing, Sec. 2.
NASDAQ Options Market--Fees and Rebates.
    \13\ The fees charged by BOX to non-customers for Responses in
the Solicitation of Facilitation Auction Mechanisms range from $0.20
to $0.27. See BOX Fee Schedule, Section I. Exchange Fees, C.
Facilitation and Solicitation Transactions. According to the Fee
Schedule, ``Responses to Facilitation and Solicitation Orders
executed in these mechanisms shall be charged the `add' fee.'' Id.
at Section II. Liquidity Fees and Credits, B. Facilitation and
Solicitation Transactions, second bullet. The Fee for Adding
Liquidity in Non-Penny Pilot Classes for all account types is $0.95.
Id. at Section II. Liquidity Fees and Credits, B. Facilitation and
Solicitation Transactions. Thus, BOX's fees range from $1.15 to
$1.22 per contract.
    \14\ In contrast to the proposed Taker Fee and Fee for Responses
to Crossing Orders of $0.89, Priority Customer orders that remove
liquidity on ISE Gemini are charged a lower Taker Fee of $0.82 for
Tier 1 and $0.81 for Tiers 2-5 and a $0.82 Fee for Responses to
Crossing Orders.
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act,\15\ the Exchange
does not believe that the proposed rule change will impose any burden
on intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
fees are competitive with fees offered to orders executed on other
options exchanges. The Exchange operates in a highly competitive market
in which market participants can readily direct their order flow to
competing venues. In such an environment, the Exchange must continually
review, and consider adjusting, its fees to remain competitive with
other exchanges. For the reasons described above, the Exchange believes
that the proposed fee changes reflect this competitive environment.
---------------------------------------------------------------------------

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\16\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\17\ because it establishes a due, fee, or other charge
imposed by ISE Gemini.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \17\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

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 Email to<EMAIL_ADDRESS>Please include
File No. SR-ISE Gemini-2015-16 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE Gemini-2015-16. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE Gemini-2015-16 and
should be submitted by October 19, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-24515 Filed 9-25-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Notices]
[Pages 76864-76867]
[FR Doc No: 2013-30182]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30830; File No. 812-14090]

Wells Fargo Funds Trust, et al.; Notice of Application

December 13, 2013.
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 and rule 18f-2 under the Act, as well as from certain
disclosure requirements.

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

SUMMARY: Summary of Application: Applicants request an order that would
permit them to enter into and materially amend subadvisory agreements
with Wholly-Owned Sub-Advisors (as defined below) and non-affiliated
sub-advisors without shareholder approval and would grant relief from
certain disclosure requirements.

Applicants: Wells Fargo Funds Trust, Wells Fargo Master Trust, and
Wells Fargo Variable Trust (each, a ``Trust'' and together, the
``Trusts''); and Wells Fargo Funds Management, LLC (``Funds
Management'').

DATES: Filing Dates: The application was filed on November 1, 2012, and
amended on April 11, 2013, September 27, 2013, November 13, 2013, and
December 12, 2013.

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 January 7, 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 who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants,
525 Market Street, 12th Floor, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: David J. Marcinkus, Senior Counsel, at
(202) 551-6882, or David P. Bartels, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Each Trust is organized as a Delaware trust and is registered
with the Commission as an open-end management investment company under
the Act. Each Trust may offer one or more series of shares (each, a
``Series'' and collectively the ``Series'') with its own distinct
investment objectives, policies and restrictions.\1\ Currently, the
Trusts offer 135 Series. Funds Management is a limited liability
company organized under the laws of the State of Delaware and is
registered with the Commission as an investment adviser under the
Investment Advisers Act of 1940 (the ``Advisers Act'').
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    \1\ Certain Series of the Wells Fargo Master Trust (the ``Master
Trust,'' and each such series of Master Trust, a ``Master Fund'')
are held by certain Series of Wells Fargo Funds Trust (``Funds
Trust'') in a master-feeder structure pursuant to Section
12(d)(1)(E) of the Act. Such series of Funds Trust as well as any
future Series and any other investment company or series thereof
that is advised by the Advisor (as defined below) may invest
substantially all of their assets in a Master Fund pursuant to
Section 12(d)(1)(E) of the Act (each a ``Feeder Fund''). No Feeder
Fund will engage any sub-advisors other than through approving the
engagement of one or more of the Master Fund's sub-advisors.
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    2. Applicants request an order to permit the Advisor,\2\ subject to
the approval of the board of trustees of each applicable Trust (each a
``Board''), including a majority of the trustees who are not
``interested persons'' of the Series or the Advisor as defined in
section 2(a)(19) of the Act (the ``Independent Trustees''), to, without
obtaining shareholder approval: (i) Select Sub-Advisors \3\ to manage
all or a portion of the assets of a Series and enter into Sub-Advisory
Agreements (as defined below) with the Sub-Advisors, and (ii)
materially amend Sub-Advisory Agreements with the Sub-Advisors.\4\
Applicants request that the relief apply to the named applicants, as
well as to any future Series and any other existing or future
registered open-end management investment company or series thereof
that is advised by the Advisor, uses the multi-manager structure
described in the application, and complies with the terms and
conditions set forth in the application (each, a ``Subadvised
Series'').\5\ The

requested relief will not extend to any sub-advisor, other than a
Wholly-Owned Sub-Advisor, who is an affiliated person, as defined in
section 2(a)(3) of the Act, of the Subadvised Series, of any Feeder
Fund, or of the Advisor, other than by reason of serving as a sub-
advisor to one or more of the Subadvised Series (``Affiliated Sub-
Advisor'').
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    \2\ The term ``Advisor'' includes (i) Funds Management and (ii)
any entity controlling, controlled by or under common control with,
Funds Management or its successors that serves as investment adviser
to the Series. For purposes of the requested order, ``successor'' is
limited to an entity that results from a reorganization into another
jurisdiction or a change in the type of business organization.
    \3\ A ``Sub-Advisor'' for a Series is (a) an indirect or direct
``wholly-owned subsidiary'' (as such term is defined in the Act) of
the Advisor for that Series; (b) a sister company of the Advisor for
that Series that is an indirect or direct ``wholly-owned
subsidiary'' (as such term is defined in the Act) of the same
company that, indirectly or directly, wholly owns the Advisor (each
of (a) and (b), a ``Wholly-Owned Sub-Advisor'' and collectively, the
``Wholly-Owned Sub-Advisors''), or (c) not an ``affiliated person''
(as such term is defined in section 2(a)(3) of the Act) of the
Series, any Feeder Fund invested in one or more Master Funds, the
applicable Trust, or the Advisor, except to the extent that an
affiliation arises solely because the Sub-Advisor serves as a sub-
advisor to a Series (each, a ``Non-Affiliated Sub-Advisor'').
    \4\ Shareholder approval will continue to be required for any
other sub-advisor changes (not otherwise permitted by rule or other
action of the Commission or staff) and material amendments to an
existing Sub-Advisory Agreement with any sub-advisor other than a
Non-Affiliated Sub-Advisor or Wholly-Owned Sub-Advisor (all such
changes referred to as ``Ineligible Sub-Advisor Changes'').
    \5\ All registered open-end investment companies that currently
intend to rely on the requested order are named as applicants. All
Series that currently are, or that currently intend to be,
Subadvised Series (as defined below) are identified in the
application. Any entity that relies on the requested order will do
so only in accordance with the terms and conditions contained in the
application. If the name of any Subadvised Series contains the name
of a Sub-Advisor (as defined below), the name of the Advisor (as
defined below) that serves as the primary adviser to the Subadvised
Series, or a trademark or trade name that is owned by or publicly
used to identify that Advisor, will precede the name of the Sub-
Advisor.
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    3. Funds Management serves as the investment adviser to each Series
pursuant to an investment advisory agreement with the applicable Trust
(each an ``Investment Management Agreement'' and together the
``Investment Management Agreements''). Any other Advisor will be
registered with the Commission as an investment adviser under the
Advisers Act. The Investment Management Agreement for each existing
Series was approved by the Board, including a majority the Independent
Trustees, and by the shareholders of that Series in the manner required
by sections 15(a) and 15(c) of the Act and rule 18f-2 thereunder. The
terms of these Investment Management Agreements comply with section
15(a) of the Act. Each other Investment Management Agreement will
comply with section 15(a) of the Act and will be similarly approved.
    4. Pursuant to the terms of each Investment Management Agreement,
Funds Management, subject to the supervision of the Board, provides
continuous investment management of the assets of each Series. The
Advisor periodically reviews a Series' investment policies and
strategies and, based on the need of a particular Series, may recommend
changes to the investment policies and strategies of the Series for
consideration by the Board. For its services to each Series under the
applicable Investment Management Agreement, the Advisor receives an
investment management fee from that Series. Consistent with the terms
of each Investment Management Agreement, the Advisor may, subject to
the approval of the Board, including a majority of the Independent
Trustees, and the shareholders of the applicable Subadvised Series (if
required), delegate portfolio management responsibilities of all or a
portion of the assets of a Subadvised Series to one or more Sub-
Advisors. The Advisor continues to have overall responsibility for the
management and investment of the assets of each Subadvised Series, and
the Advisor's responsibilities include, for example, recommending the
removal or replacement of Sub-Advisors and determining the portion of
that Subadvised Series' assets to be managed by any given Sub-Advisor
and reallocating those assets as necessary from time to time.
    5. Funds Management has entered into sub-advisory agreements with
various Sub-Advisors (``Sub-Advisory Agreements'') on behalf of the
Subadvised Series. An Advisor may also, in the future, enter into Sub-
Advisory Agreements on behalf of other Series. The Sub-Advisory
Agreements were approved by the Board, including a majority of the
Independent Trustees, and the shareholders of the applicable Subadvised
Series in accordance with Sections 15(a) and 15(c) of the Act and Rule
18f-2 thereunder. In addition, the terms of each Sub-Advisory Agreement
comply fully with the requirements of Section 15(a) of the Act. The
Sub-Advisors, subject to the supervision of the Advisor and oversight
of the Board, determine the securities and other instruments to be
purchased, sold or entered into by a Subadvised Series' portfolio or a
portion thereof, and place orders with brokers or dealers that they
select. The Advisor will compensate each Sub-Advisor out of the fee
paid to the Advisor under the relevant Investment Management Agreement.
    6. Subadvised Series will inform shareholders of the hiring of a
new Sub-Advisor pursuant to the following procedures (``Modified Notice
and Access Procedures''): (a) Within 90 days after a new Sub-Advisor is
hired for any Subadvised Series, that Subadvised Series will send its
shareholders \6\ either a Multi-manager Notice or a Multi-manager
Notice and Multi-manager Information Statement; \7\ and (b) the
Subadvised Series will make the Multi-manager Information Statement
available on the Web site identified in the Multi-manager Notice no
later than when the Multi-manager Notice (or Multi-manager Notice and
Multi-manager Information Statement) is first sent to shareholders, and
will maintain it on that Web site for at least 90 days. Applicants
state that, in the circumstances described in the application, a proxy
solicitation to approve the appointment of new Sub-Advisors provides no
more meaningful information to shareholders than the proposed Multi-
manager Information Statement. Applicants also state that each Board
would comply with the requirements of sections 15(a) and 15(c) of the
Act before entering into or amending Sub-Advisory Agreements.
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    \6\ If the Subadvised Series is a Master Fund, for purposes of
the Modified Notice and Access Procedures, ``shareholders'' include
both the shareholders of the applicable Master Fund and the
shareholders of its Feeder Funds.
    \7\ A ``Multi-manager Notice'' will be modeled on a Notice of
Internet Availability as defined in rule 14a-16 under the Securities
Exchange Act of 1934 (``Exchange Act''), and specifically will,
among other things: (a) Summarize the relevant information regarding
the new Sub-Advisor; (b) inform shareholders that the Multi-manager
Information Statement is available on a Web site; (c) provide the
Web site address; (d) state the time period during which the Multi-
manager Information Statement will remain available on that Web
site; (e) provide instructions for accessing and printing the Multi-
manager Information Statement; and (f) instruct the shareholder that
a paper or email copy of the Multi-manager Information Statement may
be obtained, without charge, by contacting the Subadvised Series.
    A ``Multi-manager Information Statement'' will meet the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule
14A under the Exchange Act for an information statement. Multi-
manager Information Statements will be filed with the Commission via
the EDGAR system.
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    7. Applicants also request an order under section 6(c) of the Act
exempting the Subadvised Series from certain disclosure obligations
that may require each Subadvised Series to disclose fees paid by the
Advisor to each Sub-Advisor. Applicants seek relief to permit each
Subadvised Series to disclose (as a dollar amount and a percentage of
the Subadvised Series' net assets): (a) The aggregate fees paid to the
Advisor and any Wholly-Owned Sub-Advisors; (b) the aggregate fees paid
to Non-Affiliated Sub-Advisors; and (c) the fee paid to each Affiliated
Sub-Advisor (collectively, the ``Aggregate Fee Disclosure''). An
exemption is requested to permit the Series to include only the
Aggregate Fee Disclosure. All other items required by Sections 6-
07(2)(a), (b) and (c) of Regulation S-X will be disclosed.

Applicants' Legal Analysis

    1. Section 15(a) of the Act states, in 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, which
contract, whether with such registered company or with an investment
adviser of such registered company, has been approved by the vote of a
majority of the outstanding voting securities of such registered
company.'' Rule 18f-2 under the Act provides that each series or class
of stock in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 19(a)(3) of Form N-1A requires a registered
investment company to disclose in its statement of additional
information the method of computing the ``advisory fee payable'' by the
investment company, including

the total dollar amounts that the investment company ``paid to the
adviser (aggregated with amounts paid to affiliated advisers, if any),
and any advisers who are not affiliated persons of the adviser, under
the investment advisory contract for the last three fiscal years.''
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to a registered investment company to comply with Schedule 14A under
the Exchange 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 fee,'' 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 a registered investment
company's registration statement and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b), and (c) of Regulation S-X require
a registered investment company to include in its financial statement
information about the investment advisory fees.
    5. Section 6(c) of the Act provides 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 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 their requested relief meets this standard for
the reasons discussed below.
    6. Applicants assert that the shareholders expect the Advisor,
subject to the review and approval of the Board, to select the Sub-
Advisors who are in the best position to achieve the Subadvised Series'
investment objective. Applicants assert that, from the perspective of
the shareholder, the role of the Sub-Advisors is substantially
equivalent to the role of the individual portfolio managers employed by
an investment adviser to a traditional investment company. Applicants
believe that permitting the Advisor to perform the duties for which the
shareholders of the Subadvised Series are paying the Advisor--the
selection, supervision and evaluation of the Sub-Advisors--without
incurring unnecessary delays or expenses is appropriate in the interest
of the Subadvised Series' shareholders and will allow such Subadvised
Series to operate more efficiently. Applicants state that each
Investment Management Agreement will continue to be fully subject to
section 15(a) of the Act and rule 18f-2 under the Act and approved by
the Board, including a majority of the Independent Trustees, in the
manner required by sections 15(a) and 15(c) of the Act. Applicants are
not seeking an exemption with respect to the Investment Management
Agreements.
    7. Applicants assert that disclosure of the individual fees that
the Advisor would pay to the Sub-Advisors of Subadvised Series that
operate in the multi-manager structure described in the application
does not serve any meaningful purpose. Applicants contend that the
primary reasons for requiring disclosure of individual fees paid to
Sub-Advisors are to inform shareholders of expenses to be charged by a
particular Subadvised Series and to enable shareholders to compare the
fees to those of other comparable investment companies. Applicants
believe that the requested relief satisfies these objectives because
the advisory fee paid to the Advisor will be fully disclosed and,
therefore, shareholders will know what the Subadvised Series' fees and
expenses are and will be able to compare the advisory fees a Subadvised
Series is charged to those of other investment companies. Applicants
assert that the requested disclosure relief would benefit shareholders
of the Subadvised Series because it would improve the Advisor's ability
to negotiate the fees paid to Sub-Advisors. Applicants state that if
the Advisor is not required to disclose the Sub-Advisors' fees to the
public, the Advisor may be able to negotiate rates that are below a
Sub-Advisor's ``posted'' amounts. Applicants assert that the relief
will also encourage Sub-Advisors to negotiate lower sub-advisory fees
with the Advisor if the lower fees are not required to be made public.
    8. Applicants submit that the requested relief meets the standards
for relief under section 6(c) of the Act. Applicants state that each
Subadvised Series will be required to obtain shareholder approval to
operate as a ``multiple manager'' fund as described in the application
before relying on the requested order. Applicants assert that
conditions 6, 10, and 11 are designed to provide the Board with
sufficient independence and the resources and information it needs to
monitor and address any conflicts of interest. Applicants state that,
accordingly, they believe the requested relief 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' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Subadvised Series may rely on the order requested in
the application, the operation of the Subadvised Series in the manner
described in the application, including the hiring of Wholly-Owned Sub-
Advisors, will be approved by a majority of the Subadvised Series'
outstanding voting securities as defined in the Act, which in the case
of a Master Fund will include voting instructions provided by
shareholders of the Feeder Funds investing in such Master Fund or other
voting arrangements that comply with section 12(d)(1)(E)(iii)(aa) of
the Act or, in the case of a new Subadvised Series whose public
shareholders purchase shares on the basis of a prospectus containing
the disclosure contemplated by condition 2 below, by the sole initial
shareholder before offering the Subadvised Series' shares to the
public.
    2. The prospectus for each Subadvised Series, and in the case of a
Master Fund relying on the requested relief, the prospectus for each
Feeder Fund investing in such Master Fund, will disclose the existence,
substance and effect of any order granted pursuant to the application.
Each Subadvised Series (and any such Feeder Fund) will hold itself out
to the public as employing the multi-manager structure described in the
application. Each prospectus will prominently disclose that the Advisor
has the ultimate responsibility, subject to oversight by the Board, to
oversee the Sub-Advisors and recommend their hiring, termination, and
replacement.
    3. The Advisor will provide general management services to a
Subadvised Series, including overall supervisory responsibility for the
general management and investment of the Subadvised Series' assets.
Subject to review and approval of the Board, the Advisor will (a) set a
Subadvised Series' overall investment strategies, (b) evaluate, select,
and recommend Sub-Advisors to manage all or a portion of a Subadvised
Series' assets, and (c) implement procedures reasonably designed to
ensure that Sub-Advisors

comply with a Subadvised Series' investment objective, policies and
restrictions. Subject to review by the Board, the Advisor will (a) when
appropriate, allocate and reallocate a Subadvised Series' assets among
Sub-Advisors; and (b) monitor and evaluate the performance of Sub-
Advisors.
    4. A Subadvised Series will not make any Ineligible Sub-Advisor
Changes without such agreement, including the compensation to be paid
thereunder, being approved by the shareholders of the applicable
Subadvised Series, which in the case of a Master Fund will include
voting instructions provided by shareholders of the Feeder Fund
investing in such Master Fund or other voting arrangements that comply
with section 12(d)(1)(E)(iii)(aa) of the Act.
    5. Subadvised Series will inform shareholders, and if the
Subadvised Series is a Master Fund, shareholders of any Feeder Funds,
of the hiring of a new Sub-Advisor within 90 days after the hiring of
the new Sub-Advisor pursuant to the Modified Notice and Access
Procedures.
    6. At all times, at least a majority of the Board will be
Independent Trustees, and the selection and nomination of new or
additional Independent Trustees will be placed within the discretion of
the then-existing Independent Trustees.
    7. Independent Legal Counsel, as defined in rule 0-1(a)(16) under
the Act, will be engaged to represent the Independent Trustees. The
selection of such counsel will be within the discretion of the then-
existing Independent Trustees.
    8. The Advisor will provide the Board, no less frequently than
quarterly, with information about the profitability of the Advisor on a
per Subadvised Series basis. The information will reflect the impact on
profitability of the hiring or termination of any sub-advisor during
the applicable quarter.
    9. 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.
    10. Whenever a sub-advisor change is proposed for a Subadvised
Series with an Affiliated Sub-Advisor or a Wholly-Owned Sub-Advisor,
the Board, including a majority of the Independent Trustees, will make
a separate finding, reflected in the Board minutes, that such change is
in the best interests of the Subadvised Series and its shareholders,
and if the Subadvised Series is a Master Fund, the best interests of
any applicable Feeder Funds and their respective shareholders, and does
not involve a conflict of interest from which the Advisor or the
Affiliated Sub-Advisor or Wholly-Owned Sub-Advisor derives an
inappropriate advantage.
    11. No Trustee or officer of the Trust, a Fund or a Feeder Fund, or
partner, director, manager 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, except a
Wholly-Owned Sub-Advisor, 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 any
publicly traded company that is either a Sub-Advisor or an entity that
controls, is controlled by, or under common control with a Sub-Advisor.
    12. Each Subadvised Series and any Feeder Fund that invests in a
Subadvised Series that is a Master Fund will disclose the Aggregate Fee
Disclosure in its registration statement.
    13. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that requested in the
application, the requested order will expire on the effective date of
that rule.

For the Commission, by the Division of Investment Management, under
delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30182 Filed 12-18-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Pages 56925-56926]
[FR Doc No: 2021-22182]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-19-000]

Stanly Solar, 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
Stanly Solar, 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 October 25, 2021.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: October 5, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-22182 Filed 10-12-21; 8:45 am]
BILLING CODE 6717-01-P