[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Notices]
[Pages 8241-8242]
[FR Doc No: 2014-02855]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2014-0014]

Pipeline Safety: Public Workshop on Safety Management Systems

AGENCY: Pipeline and Hazardous Materials Safety Administration, DOT.

ACTION: Notice of public meeting.

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SUMMARY: This notice is announcing a one-day public workshop to discuss
a rapidly evolving safety management system (SMS) national consensus
standard. At this workshop, diversely comprised panels will discuss key
concepts underlying this standard. This workshop will be webcast with
an opportunity for attendees and viewers to pose questions to the
panelists and moderators. Four panels will present their experience
with SMS from industries outside the energy pipeline world including
aviation, chemical, nuclear, and health care. Panels will address the
role and value of SMS, the role of leadership at the top through the
lower ranks in making SMS work, the value of ``safety assurance'', and
the growing recognition of the role of safety culture in ensuring
attainment of key safety objectives.

DATES: The public workshop will held on Thursday, February 27, 2014,
from 8:00 a.m. to 4:30 p.m. e.s.t. Written comments must be received by
April 14, 2014.

ADDRESSES: The workshop will be held at the Westin Arlington Gateway,
801 N. Glebe Road, Arlington, VA 22203, in the Fitzgerald rooms AB.
Hotel reservations under the ``United States Department of
Transportation--Workshop and Advisory Committee Meetings'' room block,
can be made at<PHONE_NUMBER>. Advisory committee members and speakers
have priority for reservations in the block.
    The meeting agenda and any additional information will be published
on the PHMSA home page Web site at (http://www.phmsa.dot.gov/public),
under ``Latest News'' and on the PHMSA meeting page Web site at https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=96).
    Registration: Members of the public may attend this free workshop.
To help assure that adequate space is provided, all attendees are
encouraged to register for the workshop in advance at https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=96.
    Comments: Members of the public may also submit written comments

either before or after the workshop. Comments should reference Docket
No. PHMSA-2014-0014. Comments may be submitted in the following ways:
     E-Gov Web site: http://www.regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System, U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590.
    Hand Delivery: DOT Docket Management System, Room W12-140, on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC between 9:00 a.m. and 5:00 p.m., Monday through Friday,
except Federal holidays.
    Instructions: Identify the docket number at the beginning of your
comments. If you submit your comments by mail, submit two copies. If
you wish to receive confirmation that PHMSA has received your comments,
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.regulations.gov.

    Note:  Comments will be posted without changes or edits to
http://www.regulations.gov including any personal information
provided. Please see the Privacy Act Statement heading below for
additional information.

Privacy Act Statement

    Anyone may search the electronic form of all comments received for
any of our dockets. You may review DOT's complete Privacy Act Statement
in the Federal Register published April 11, 2000, (65 FR 19476).

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities, or to request special assistance at the meeting, please
contact Nancy White, Office of Pipeline Safety, at<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Ms. Nancy White, Office of Pipeline
Safety, at<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>regarding
the subject matter of this notice.

SUPPLEMENTARY INFORMATION: The details on this meeting, including the
location, times, and agenda items, will be available on the meeting
page (https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=96) as they
become available. Please note that the public workshop will be webcast.
Attendees, both in person and by web cast, are strongly encouraged to
register to help ensure accommodations are adequate.
    Presentations will be available online at the meeting page and also
be posted in the E-Gov Web site: http://www.regulations.gov, at docket
number PHMSA-2014-0014 within 30 days following the meeting.

    Authority:  49 CFR 1.97.

Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2014-02855 Filed 2-10-14; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13272-13273]
[FR Doc No: 2018-06189]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11006-007]

City of Lewiston, Maine; Notice of Application for Surrender of
License, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Application for surrender of license.
    b. Project No.: 11006-007.
    c. Date Filed: March 20, 2018.
    d. Licensee: City of Lewiston, Maine.
    e. Name of Project: Upper Androscoggin Project.
    f. Location: The project is located on the Androscoggin River in
the town of Lewiston, Androscoggin County, Maine.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Licensee Contact: Mr. Edward Barrett, City Administrator, City
Hall, 27 Pine Street, Lewiston, ME 04240,<PHONE_NUMBER>,
[email protected].
    i. FERC Contact: Ms. Rebecca Martin,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, interventions, and protests is 30
days from the issuance date of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file motions
to intervene, protests and comments using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE, Washington, DC 20426. The first page of any filing should
include docket number P-11006-007.
    k. Description of Project Facilities: The project consists of: (a)
A concrete intake structure along the upper canal having steel
trashracks; (b) a wooden gatehouse containing three hand-operated
timber headgates; (c) three steel penstocks with diameters of 10, 8,
and 7 feet; (d) a brick and concrete powerhouse containing three
generating units--Unit No. 1 with a nameplate capacity of 700 kilowatts
(kW), Unit No. 2 with a nameplate capacity of 800 kW that is limited to
an installed capacity of 515 kW by the unit's turbine, and Unit No. 3
with a nameplate capacity of 500 kW that is limited to an installed
capacity of 480 kW by the unit's turbine--for a total installed
capacity of 1,695 kW; (e) a stone tailrace; (f) electrical switchgear;
and (g) appurtenant facilities.
    l. Description of Request: The licensee proposes to surrender the
project because it no longer intends to generate power. The licensee
would permanently retire the generating station by disconnecting the
generation equipment and securing the facilities. The project
facilities would continue to be owned by the licensee and would be used
for non-project, non-generating purposes, as part of the City's plans
to redevelop the Lewiston Canal System for commercial and public use.
The proposal would have no impact on the generating or water control
capabilities of the downstream Lewiston Falls Project (FERC No. 2302).
    m. This filing may be viewed on the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
excluding the last three digits in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and
issuances related to this or other pending projects.

For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction in the Commission's
Public Reference Room located at 888 First Street NE, Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.212 and .214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    p. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to the surrender application that is the subject of this notice.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    q. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described proceeding. If any agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.

    Dated: March 22, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-06189 Filed 3-27-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Page 29708]
[FR Doc No: 2020-10575]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC20-66-000.
    Applicants: Northern States Power Company, a Minnesota corporation,
Crowned Ridge Wind II, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Northern States Power Company, a Minnesota
corporation, et al.
    Filed Date: 5/8/20.
    Accession Number: 20200508-5330.
    Comments Due: 5 p.m. ET 6/22/20.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG20-155-000.
    Applicants: High Majestic Wind I, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of High Majestic Wind I, LLC.
    Filed Date: 5/12/20.
    Accession Number: 20200512-5085.
    Comments Due: 5 p.m. ET 6/2/20.

    Docket Numbers: EG20-156-000.
    Applicants: Soldier Creek Wind, LLC.
    Description: Notice Self-Certification of Exempt Wholesale
Generator Status of Soldier Creek Wind, LLC.
    Filed Date: 5/12/20.
    Accession Number: 20200512-5087.
    Comments Due: 5 p.m. ET 6/2/20.

    Docket Numbers: EG20-157-000.
    Applicants: El Campo Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of El Campo Wind, LLC.
    Filed Date: 5/12/20.
    Accession Number: 20200512-5099.
    Comments Due: 5 p.m. ET 6/2/20.

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

    Docket Numbers: ER20-539-001.
    Applicants: East Fork Wind Project, LLC.
    Description: Notice of Change in Status of East Fork Wind Project,
LLC.
    Filed Date: 5/11/20.
    Accession Number: 20200511-5203.
    Comments Due: 5 p.m. ET 6/1/20.

    Docket Numbers: ER20-936-000.
    Applicants: Entergy Arkansas, LLC.
    Description: Response of Entergy Services, LLC, on behalf of
Entergy Arkansas LLC, to the April 10, 2020 Deficiency Letter for
additional information.
    Filed Date: 5/11/20.
    Accession Number: 20200511-5193.
    Comments Due: 5 p.m. ET 6/1/20.

    Docket Numbers: ER20-1525-000.
    Applicants: Eastern Landfill Gas, LLC.
    Description: Clarifications to April 13, 2020 Amendment to April 8,
2020 Waiver Request of Eastern Landfill Gas, LLC.
    Filed Date: 5/11/20.
    Accession Number: 20200511-5205.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1801-001.
    Applicants: Techren Solar V LLC.
    Description: Tariff Amendment: Amendment to MBR Application to be
effective 10/1/2020.
    Filed Date: 5/12/20.
    Accession Number: 20200512-5000.
    Comments Due: 5 p.m. ET 6/2/20.

    Docket Numbers: ER20-1805-000.
    Applicants: Ohio Edison Company, The Cleveland Electric
Illuminating Comp, The Toledo Edison Company.
    Description: Request for Waiver, et al. of the FirstEnergy Ohio
Utilities.
    Filed Date: 5/11/20.
    Accession Number: 20200511-5190.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1806-000.
    Applicants: Catalyst Old River Hydroelectric Limited.
    Description: Baseline eTariff Filing: Application For Market Based
Rate Authority to be effective 7/12/2020.
    Filed Date: 5/12/20.
    Accession Number: 20200512-5044.
    Comments Due: 5 p.m. ET 6/2/20.

    Docket Numbers: ER20-1807-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: GIA and DSA Dutch Wind,
LLC--Dutch Energy, SA No. 1104, 1105 to be effective 4/13/2020.
    Filed Date: 5/12/20.
    Accession Number: 20200512-5098.
    Comments Due: 5 p.m. ET 6/2/20.

    Docket Numbers: ER20-1808-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3670 West Texas A&M
University and SPS Affected Systems FCA to be effective 5/4/2020.
    Filed Date: 5/12/20.
    Accession Number: 20200512-5101.
    Comments Due: 5 p.m. ET 6/2/20.

    Docket Numbers: ER20-1809-000.
    Applicants: PJM Interconnection, L.L.C., Potomac Electric Power
Company.
    Description: Sec.  205(d) Rate Filing: PEPCO submits
Interconnection Agreement, SA No. 5610 with SMECO to be effective 4/23/
2020.
    Filed Date: 5/12/20.
    Accession Number: 20200512-5114.
    Comments Due: 5 p.m. ET 6/2/20.

    Docket Numbers: ER20-1810-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-05-12_SA 3180 Dunns
Bridge Solar-NIPSCO 2nd Rev GIA (J643 J847) to be effective 5/5/2020.
    Filed Date: 5/12/20.
    Accession Number: 20200512-5134.
    Comments Due: 5 p.m. ET 6/2/20.

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

    Dated: May 12, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-10575 Filed 5-15-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37025-37027]
[FR Doc No: 2017-16614]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0067; FRL-9965-67-Region 10]

Air Plan Approvals, Idaho: Logan Utah/Idaho PM2.5 Nonattainment
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to Idaho's State Implementation Plan (SIP) submitted in 2012
and 2014 to address Clean Air Act (CAA) requirements for the Idaho
portion of the Logan, Utah-Idaho fine particulate matter
(PM2.5) nonattainment area (Logan UT-ID area). Based on
newly available air quality monitoring data, the EPA is approving
Idaho's attainment demonstration and approving Idaho's 2014 Motor
Vehicle Emissions Budgets (MVEBs) as early progress budgets.
Additionally, the EPA is conditionally approving Reasonable Further
Progress (RFP), Quantitative Milestones (QMs), and revised MVEBs for
the Idaho portion of the nonattainment area, based on Idaho's
commitment to adopt and submit updates to these attainment plan
elements within one year of the effective date of this final action.

DATES: This final rule is effective September 7, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2015-0067. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information may not be publicly available, i.e.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and is publicly
available only in hard copy form. Publicly available docket materials
are available at http://www.regulations.gov or at EPA Region 10, Office
of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA
requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office
of Air and Waste (OAW-150), Environmental Protection Agency, Region 10,
1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone number: (206)
553-0256; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information
II. Final Action
III. Statutory and Executive Orders Review

I. Background Information

    On June 1, 2017, the EPA proposed to approve Idaho's attainment
demonstration and 2014 MVEBs as early progress budgets (82 FR 25208).
As part of the same action, the EPA also proposed to conditionally
approve RFP, QMs, and revised MVEBs for the Idaho portion of the
nonattainment area. An explanation of the CAA requirements, a detailed
analysis of the submittals, and the EPA's reasons for proposing
approval were provided in the notice of proposed rulemaking, and will
not be restated here. The public comment period for the proposal ended
July 3, 2017. We received no comments.

II. Final Action

    For the reasons set forth in the proposed rulemaking for this
action, the EPA is approving the attainment demonstration in Idaho's
2012 and 2014 revisions to the SIP (Idaho attainment plan) for the
Idaho portion of the Logan UT-ID area. The EPA is also approving the
2014 MVEBs as early progress budgets, in that they are consistent with
making progress toward attainment of the 24-hour 2006 PM2.5
National Ambient Air Quality Standards by December 31, 2015. Lastly,
the EPA is conditionally approving RFP, QMs, and revised MVEBs in the
Idaho attainment

plan, based on Idaho's April 25, 2017 commitment to adopt and submit
updated plan elements to meet these requirements. Under a conditional
approval, the State must adopt and submit the specific revisions it has
committed to by a date certain but not later than one year of this
final action.\1\ If the EPA fully approves the submittal of the
revisions specified in the commitment letter, the conditional nature of
the approval would be removed and the submittal would become fully
approved. If the State does not submit these revisions by the date
specified in the April 25, 2017 commitment letter, or if the EPA finds
the State's revisions to be incomplete, or EPA disapproves the State's
revisions, a conditional approval will convert to a disapproval. If any
of these occur and the EPA's conditional approval converts to a
disapproval, that will constitute a disapproval of a required plan
element under part D of title I of the Act, which starts an 18-month
clock for sanctions, see section 179(a)(2), and the two-year clock for
a Federal Implementation Plan (FIP), see CAA section 110(c)(1)(B).
---------------------------------------------------------------------------

    \1\ In IDEQ's April 25, 2017 commitment letter, IDEQ committed
to submit revisions by August 1, 2018.
---------------------------------------------------------------------------

III. Statutory and Executive Orders Review

    Under the CAA, 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 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     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 (Pub. L. 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 this action does not involve technical standards; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land in
Idaho and is also not approved to apply in any other area where the EPA
or an Indian tribe has demonstrated that a tribe has jurisdiction. In
those areas of Indian country, the rule does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
    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. The 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 10, 2017. 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. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 24, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart N--Idaho

0
2. In Sec.  52.670, the table in paragraph (e) is amended by adding an
additional entry at the end of the table for ``Fine Particulate Matter
Attainment Plan.''
    The addition reads as follows:

Sec.  52.670  Identification of plan.

* * * * *
    (e) * * *

                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or         State       EPA approval date          Comments
                                 nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Fine Particulate Matter          Franklin County,    12/19/2012; 12/ 8/8/2017, [Insert   Approved: moderate area
 Attainment Plan.                 Logan UT-ID PM2.5         24/2014   Federal Register    attainment
                                  Nonattainment                       citation].          demonstration and 2014
                                  Area.                                                   reasonable further
                                                                                progress motor vehicle
                                                                                emissions budgets.
                                                                                Conditional Approval:
                                                                                reasonable further
                                                                                progress, quantitative
                                                                                milestone, motor
                                                                                vehicle emission
                                                                                budget requirements.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-16614 Filed 8-7-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67447-67451]
[FR Doc No: 2018-28318]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33341; File No. 812-14910]

Hercules Capital, Inc.

December 21, 2018.

AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 23(a), 23(b) and 63 of the Act; under sections 57(a)(4) and
57(i) of the Act and rule 17d-1 under the Act permitting certain joint
transactions otherwise prohibited by section 57(a)(4) of the Act; and
under section 23(c)(3) of the Act for an exemption from section 23(c)
of the Act.

SUMMARY OF THE APPLICATION:  Hercules Capital, Inc. (``Company'' or
``Applicant'') requests an order that would permit Applicant to (i)
issue restricted shares of its common stock (``Restricted Stock'') as
part of the compensation package for its non-employee directors (the
``Non-Employee Directors'') \1\ through its 2018 Non-Employee Director
Plan (the ``Non-Employee Director Plan'') for Non-Employee Director
Participants, (ii) issue Restricted Stock and Restricted Stock Units
\2\ (i.e., the right to receive, on the date of settlement, one share
of common stock or an amount equal to the fair market value of one
share of common stock) as part of the compensation package for certain
of its employees, officers and directors, excluding the Non-Employee
Directors, through its Amended and Restated 2018 Equity Incentive Plan
(the ``Equity Incentive Plan''), (iii) withhold shares of the
Applicant's common stock or purchase shares of Applicant's common stock
from Participants to satisfy tax

withholding obligations relating to the vesting of Restricted Stock or
Restricted Stock Units or the exercise of options to purchase shares of
Applicant's common stock (``Options'') that will be granted pursuant to
the Equity Incentive Plan \3\ and (iv) permit Participants to pay the
exercise price of Options that will be granted to them pursuant to the
Equity Incentive Plan with shares of Applicant's common stock.
---------------------------------------------------------------------------

    \1\ Employees, officers and employee directors, together the
``Employee Participants'' and each an ``Employee Participant.'' The
Employee Participants and the Non-Employee Directors, together the
``Participants'' and each, a ``Participant.''
    \2\ Restricted Stock and Restricted Stock Units are collectively
referred to herein as Restricted Stock.
    \3\ Options will not be granted to Non-Employee Directors and,
therefore, no relief is sought in the application for the grant of
Options.

---------------------------------------------------------------------------
APPLICANT:  Hercules Capital, Inc.

FILING DATES:  The application was filed on May 29, 2018, and amended
on September 27, 2018.

HEARING OR NOTIFICATION OF HEARING:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicant 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 15, 2019 and should be accompanied by proof of
service on applicant, in the form of an affidavit, or for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street
NE, Washington, DC 20549-1090. Applicant: Manuel A. Henriquez, Chief
Executive Officer, Hercules Capital, Inc., 400 Hamilton Avenue, Suite
310, Palo Alto, California 94301.

FOR FURTHER INFORMATION CONTACT: Elizabeth G. Miller, Senior Counsel,
at<PHONE_NUMBER>, or Aaron Gilbride, 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 website by searching for the file number, or for the
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicant's Representations

    1. The Company is an internally managed, non-diversified, closed-
end investment company that has elected to be regulated as a business
development company (``BDC'') under the Act. Applicant represents that
it is a specialty finance company focused on providing senior secured
loans to high-growth, innovative venture capital-backed companies in a
variety of technology, life sciences, and sustainable and renewable
technology industries. Applicant was incorporated under General
Corporation Law of the State of Maryland in December 2003. As of March
31, 2018, Applicant had 64 employees.
    2. Hercules Technology II, L.P. (``HT II''), Hercules Technology
III, L.P. (``HT III''), and Hercules Technology IV, L.P. (``HT IV'')
are Delaware limited partnerships that were formed in January 2005,
September 2009 and December 2010, respectively. HT II and HT III were
licensed to operate as small business investment companies (``SBICs'')
under the authority of the Small Business Administration on September
27, 2006 and May 26, 2010, respectively. HT IV was formed in
anticipation of receiving an additional SBIC license; however, the
Company has not received such license and HT IV currently has no
material assets or liabilities. The Company also formed Hercules
Technology SBIC Management, LLC (``HTM''), a limited liability company
in November 2003. HTM is a wholly owned subsidiary of Applicant and
serves as the limited partner and general partner of HT II and HT III.
HT II and HT III hold approximately $113.1 million and $285.8 million
in assets, respectively, and they accounted for approximately 5.7% and
14.4% of Applicant's total assets, respectively, prior to consolidation
at March 31, 2018.
    3. Applicant also established wholly own subsidiaries, all of which
are structured as Delaware corporations and limited liability
companies, to hold portfolio companies organized as limited liability
companies (or other forms of pass-through entities).
    4. Applicant currently has an eight-member board of directors (the
``Board'') of whom seven are Non-Employee Directors or non-interested
persons of Applicant within the meaning of section 2(a)(19), and one is
considered an ``interested person'' of Applicant.
    5. Applicant believes that, because the market for superior
investment professionals is highly competitive, Applicant's successful
performance depends on its ability to offer fair compensation packages
to its professionals that are competitive with those offered by other
investment management businesses. Applicant states that the ability to
offer equity-based compensation to its employees and Non-Employee
Directors, which both aligns employee and Board behavior with
stockholder interests and provides a retention tool, is vital to
Applicant's future growth and success.
    6. The Applicant's 2006 Non-Employee Director Plan, as amended in
2007 (the ``2006 Plan'') terminated in accordance with its terms in
2017, and no new awards are permitted to be granted under the 2006 Plan
after its termination. The 2006 Plan provided for the grant of Options
and shares of Restricted Stock subject to certain forfeiture
restrictions to Non-Employee Directors. As a result of the termination
of the 2006 Plan, the Non-Employee Director Plan was adopted on May 13,
2018 by the Board, including the required majority as defined in
Section 57(o) (the ``Required Majority''),\4\ and will be administered
by a committee designated by the Board, the composition of which
consists of ``non-employee directors'' within the meaning of rule 16b-3
(the ``Compensation Committee'').
---------------------------------------------------------------------------

    \4\ Section 57(o) of the Act provides that the term ``required
majority,'' when used with respect to the approval of a proposed
transaction, plan, or arrangement, means both a majority of a BDC's
directors or general partners who have no financial interest in such
transaction, plan, or arrangement and a majority of such directors
or general partners who are not interested persons of such company.
---------------------------------------------------------------------------

    7. The Non-Employee Plan provides for the grant of Restricted
Stock, but unlike the 2006 Plan, does not provide for the grant of
Options. Issuance of the Restricted Stock will allow the Non-Employee
Directors to become owners of the Applicant's stock with a vested
interest in value maintenance, income stream and stock appreciation,
which interests align with those of the Applicant's stockholders.
    8. Shares of Restricted Stock granted automatically under the Non-
Employee Director Plan (i) upon initial election to the Board, are no
longer subject to forfeiture restrictions, as to one-third immediately
after the expiration of 33% of the initial three-year term, as to an
additional one-third immediately after the expiration of 66% of the
initial three-year term and the remaining one-third on the third
anniversary of the commencement date of the applicable three-year
staggered class term, and (ii) upon reelection to the Board, are no
longer subject to forfeiture restrictions as to one-third of such
shares on the anniversary of such grant over three years.
    9. The maximum aggregate number of shares of common stock that may
be authorized for issuance under awards of Restricted Stock under the
Non-

Employee Director Plan is 300,000 shares. The maximum number of shares
of common stock for which any Non-Employee Director may be granted
awards under the Non-Employee Director Plan in any calendar year is
20,000 shares.
    10. Shares of Restricted Stock will not be transferable except for
disposition by will or the laws of descent and distribution or by gift
to a permitted transferee. If any award of Restricted Stock for any
reason is forfeited or otherwise terminates, in whole or in part, the
shares not acquired under such award of Restricted Stock will revert to
and again become available for issuance under the Non-Employee Director
Plan on a one-for-one basis.
    11. Unless sooner terminated by the Board, the Non-Employee
Director Plan will terminate on the day before the tenth anniversary of
the date the Non-Employee Director Plan is initially adopted by the
Board or approved by stockholders, whichever is earlier.
    12. The Applicant's Amended and Restated 2004 Equity Incentive Plan
(the ``2004 EIP'') provides for grants of Options, Restricted Stock,
restricted stock units (i.e., the right to receive, on the date of
settlement, one share of common stock or an amount equal to the fair
market value of one share of common stock) (``Restricted Stock
Units''), Performance Restricted Stock Units and other performance-
based awards (collectively, ``Awards'') and warrants to Employee
Participants. Applicant proposes to amend and restate the 2004 EIP, in
its entirety, as the ``Equity Incentive Plan.'' The Equity Incentive
Plan was adopted on May 13, 2018 by the Board, including the Required
Majority, and will be administered by the Compensation Committee.
    13. The Equity Incentive Plan provides for grants of Awards, but,
unlike the 2004 EIP, does not provide for grants of warrants. The
Equity Incentive Plan permits Employee Participants, subject to
approval of the Board and if permitted by law, to pay the exercise
price of Options with shares of the Applicant's common stock. The
maximum aggregate number of shares of common stock that may be
authorized for issuance under Awards granted under the Equity Incentive
Plan is 9,261,229 shares, less one share for every one share issued
under the plan after March 31, 2018 and prior to the date the plan is
approved by stockholders. Notwithstanding anything to the contrary, the
following shares will not revert to and again be available for
issuance: (i) Shares tendered by an Employee Participant or withheld by
the Applicant in payment of the purchase price of an Option; (ii)
shares tendered by an Employee Participant or withheld by the Applicant
to satisfy any tax withholding obligation with respect to Options; and
(iii) shares reacquired by the Applicant on the open market or
otherwise using cash proceeds from the exercise of Options.
    14. The Board, including the Required Majority, found that the
issuance of Awards will allow the Applicant to align its business plan,
stockholder interests and employee interests based on the nature of the
Applicant's business. Issuance of certain Awards will allow the
Employee Participants to become owners of the Applicant's stock with a
vested interest in value maintenance, income stream and stock
appreciation, which interests align with those of the Applicant's
stockholders.
    15. Unless sooner terminated by the Board, the Equity Incentive
Plan will terminate on the day before the tenth anniversary of the date
the Equity Incentive Plan is initially adopted by the Board or approved
by stockholders, whichever is earlier.

Applicant's Legal Analysis

Sections 23(a) and (b), Section 63

    1. Under section 63 of the Act, the provisions of section 23(a) of
the Act generally prohibiting a registered closed-end investment
company from issuing securities for services or for property other than
cash or securities are made applicable to BDCs. This provision would
prohibit the issuance of Restricted Stock as a part of the Plans.
    2. Section 23(b) of the Act generally prohibits a registered
closed-end investment company from selling any common stock of which it
is the issuer at a price below its current net asset value. Section
63(2) of the Act makes section 23(b) applicable to BDCs unless certain
conditions are met. Because Restricted Stock that would be granted
under the Plans would not meet the terms of section 63(2), sections
23(b) and 63 would prevent the issuance of Restricted Stock.
    3. Section 6(c) provides, in part, that the Commission may, by
order upon application, conditionally or unconditionally exempt any
person, security, or transaction, or any class or classes thereof, from
any provision of the Act, if and to the extent that the exemption is
necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act.
    4. Applicant requests an order pursuant to section 6(c) of the Act
granting an exemption from the provisions of sections 23(a), 23(b) and
63 of the Act. Applicant states that the Plans would not violate the
concerns underlying these sections, which include: (a) Preferential
treatment of investment company insiders and the use of options and
other rights by insiders to obtain control of the investment company;
(b) complication of the investment company's structure that made it
difficult to determine the value of the company's shares; and (c)
dilution of shareholders' equity in the investment company. Applicant
asserts that the Restricted Stock element of the Plans does not raise
concerns about preferential treatment of Applicant's insiders because
this element is a bona fide compensation plan of the type that is
common among corporations generally. In addition, section 61(a)(3)(B)
of the Act permits a BDC to issue to its directors, officers,
employees, and general partners warrants, options, and rights to
purchase the BDC's voting securities pursuant to an executive
compensation plan, subject to certain conditions. Applicant states
that, for reasons that are unclear, section 61 and its legislative
history do not address the issuance by a BDC of restricted stock as
incentive compensation. Applicant believes, however, that the issuance
of Restricted Stock is substantially similar, for purposes of investor
protection under the Act, to the issuance of warrants, options, and
rights as contemplated by section 61. Applicant also asserts that the
issuance of Restricted Stock would not become a means for insiders to
obtain control of Applicant because the maximum amount of Restricted
Stock that may be issued under the Plans and the 2006 Plan at any one
time will be ten percent of the outstanding shares of common stock of
Applicant.
    5. Applicant further states that the Restricted Stock feature will
not unduly complicate Applicant's capital structure because equity-
based incentive compensation arrangements are widely used among
corporations and commonly known to investors. Applicant notes that the
Plans will be submitted for approval to the Applicant's stockholders.
Applicant represents that the proxy materials submitted to Applicant's
stockholders will contain a concise ``plain English'' description of
the Plans and their potential dilutive effect. Applicant also states
that it will comply with the proxy disclosure requirements in Item 10
of Schedule 14A under the Securities Exchange Act of 1934. Applicant
further notes that the Plans will be disclosed to

investors in accordance with the requirements of the Form N-2
registration statement for closed-end investment companies and pursuant
to the standards and guidelines adopted by the Financial Accounting
Standards Board for operating companies. Applicant also will comply
with the disclosure requirements for executive compensation plans
applicable to BDCs.\5\ Applicant thus concludes that the Plans will be
adequately disclosed to investors and appropriately reflected in the
market value of Applicant's shares.
---------------------------------------------------------------------------

    \5\ See Executive Compensation and Related Party Disclosure,
Securities Act Release No. 8655 (Jan. 27, 2006) (proposed rule);
Executive Compensation and Related Party Disclosure, Securities Act
Release No. 8732A (Aug. 29, 2006) (final rule and proposed rule), as
amended by Executive Compensation Disclosure, Securities Act Release
No. 8756 (Dec. 22, 2006) (adopted as interim final rules with
request for comments).
---------------------------------------------------------------------------

    6. Applicant acknowledges that awards granted under the Plans may
have a dilutive effect on the stockholders' equity per share in
Applicant, but believes that effect would be outweighed by the
anticipated benefits of the Plans to Applicant and its stockholders.
Moreover, based on the manner in which the issuance of Restricted Stock
pursuant to the Plans will be administered, the Restricted Stock will
be no more dilutive than if Applicant were to issue only Options to
Participants who are employees, as is permitted by section 61(a)(3) of
the Act. Applicant asserts that it needs the flexibility to provide the
requested equity-based compensation in order to be able to compete
effectively with commercial banks, investment banks, and other publicly
traded companies that also are not investment companies registered
under the Act for talented professionals. These professionals,
Applicant suggests, in turn are likely to increase Applicant's
performance and stockholder value. Applicant also asserts that equity-
based compensation would more closely align the interests of
Applicant's employees and Non-Employee Directors with those of its
stockholders. In addition, Applicant states that its stockholders will
be further protected by the conditions to the requested order that
assure continuing oversight of the operation of the Plans by the Board.

Section 57(a)(4), Rule 17d-1

    7. Section 57(a) proscribes certain transactions between a BDC and
persons related to the BDC in the manner described in section 57(b)
(``57(b) persons''), absent a Commission order. Section 57(a)(4)
generally prohibits a 57(b) person from effecting a transaction in
which the BDC is a joint participant absent such an order. Rule l7d-1,
made applicable to BDCs by section 57(i), proscribes participation in a
``joint enterprise or other joint arrangement or profit-sharing plan,''
which includes a stock option or purchase plan. Employees and directors
of a BDC are 57(b) persons. Thus, the issuance of shares of Restricted
Stock could be deemed to involve a joint transaction involving a BDC
and a 57(b) person in contravention of section 57(a)(4). Rule 17d-1(b)
provides that, in considering relief pursuant to the rule, the
Commission will consider (a) whether the participation of the BDC in a
joint enterprise is consistent with the policies and purposes of the
Act and (b) the extent to which such participation is on a basis
different from or less advantageous than that of other participants.
    8. Applicant requests an order pursuant to sections 57(a)(4) and
57(i) of the Act and rule 17d-1 under the Act to permit Applicant to
issue Restricted Stock under the Plans. Applicant acknowledges that its
role is necessarily different from the other participants because the
other participants are its directors and employees. It notes, however,
that the Plans are in the interest of the Applicant's stockholders,
because the Plans will help align the interests of Applicant's
employees with those of its stockholders, which will encourage conduct
on the part of those employees designed to produce a better return for
Applicant's stockholders. Additionally, section 57(j)(1) of the Act
expressly permits any director, officer or employee of a BDC to acquire
warrants, options and rights to purchase voting securities of such BDC,
and the securities issued upon the exercise or conversion thereof,
pursuant to an executive compensation plan which meets the requirements
of section 61(a)(3)(B) of the Act. Applicant submits that the issuance
of Restricted Stock pursuant to the Plans poses no greater risk to
stockholders than the issuances permitted by section 57(j)(1) of the
Act.

Section 23(c)

    9. Section 23(c) of the Act, which is made applicable to BDCs by
section 63 of the Act, generally prohibits a BDC from purchasing any
securities of which it is the issuer except in the open market pursuant
to tenders, or under other circumstances as the Commission may permit
to ensure that the purchases are made in a manner or on a basis that
does not unfairly discriminate against any holders of the class or
classes of securities to be purchased. Applicant states that the
withholding or purchase of shares of Restricted Stock and common stock
in payment of applicable withholding tax obligations or of common stock
in payment for the exercise price of a stock option might be deemed to
be purchases by the Company of its own securities within the meaning of
section 23(c) and therefore prohibited by the Act.
    10. Section 23(c)(3) of the Act permits a BDC to purchase
securities of which it is the issuer in circumstances in which the
repurchase is made in a manner or on a basis that does not unfairly
discriminate against any holders of the class or classes of securities
to be purchased. Applicant believes that the requested relief meets the
standards of section 23(c)(3).
    11. Applicant submits that these purchases will be made in a manner
that does not unfairly discriminate against Applicant's stockholders
because all purchases of Applicant's stock will be at the closing price
of the common stock on the Nasdaq Global Market (or any primary
exchange on which its shares of common stock may be traded in the
future) on the relevant date (i.e., the public market price on the date
of grant of Restricted Stock and the date of grant of Options).
Applicant submits that because all transactions with respect to the
Plans will take place at the public market price for the Applicant's
common stock, these transactions will not be significantly different
than could be achieved by any stockholder selling in a market
transaction. Applicant represents that no transactions will be
conducted pursuant to the requested order on days where there are no
reported market transactions involving Applicant's shares.
    12. Applicant represents that the withholding provisions in the
Plans do not raise concerns about preferential treatment of Applicant's
insiders because each Plan is a bona fide compensation plan of the type
that is common among corporations generally. Furthermore, the vesting
schedule is determined at the time of the initial grant of the
Restricted Stock and the option exercise price is determined at the
time of the initial grant of the Options. Applicant represents that all
purchases may be made only as permitted by the Plans, which will be
approved by the Applicant's stockholders prior to any application of
the relief. Applicant believes that granting the requested relief would
be consistent with the policies underlying the provisions of the Act
permitting the use of equity compensation as well as prior exemptive
relief granted by the

Commission under section 23(c) of the Act.

Applicant's Conditions

    Applicant agrees that the order granting the requested relief will
be subject to the following conditions:
    1. The Plans will be authorized by Applicant's stockholders.
    2. Each issuance of Restricted Stock to an officer, employee, or
Non-Employee Director will be approved by the Required Majority of
Applicant's directors on the basis that such grant is in the best
interest of Applicant and its stockholders.
    3. The amount of voting securities that would result from the
exercise of all of Applicant's outstanding warrants, options and
rights, together with any Restricted Stock issued under the Plans and
the 2006 Plan, at the time of issuance shall not exceed 25% of the
outstanding voting securities of the Company, except that if the amount
of voting securities that would result from the exercise of all of the
Company's outstanding warrants, options and rights issued to the
Company's directors, officers and employees, together with any
Restricted Stock issued pursuant to the Plans and the 2006 Plan, would
exceed 15% of the outstanding voting securities of the Company, then
the total amount of voting securities that would result from the
exercise of all outstanding warrants, options and rights, together with
any Restricted Stock issued pursuant to the Plans and the 2006 Plan, at
the time of issuance shall not exceed 20% of the outstanding voting
securities of the Company.
    4. The amount of Restricted Stock issued and outstanding will not
at the time of issuance of any shares of Restricted Stock exceed ten
percent of Applicant's outstanding voting securities.
    5. The Board will review the Plans at least annually. In addition,
the Board will review periodically the potential impact that the
issuance of Restricted Stock under the Plans could have on Applicant's
earnings and net asset value per share, such review to take place prior
to any decisions to grant Restricted Stock under the Plans, but in no
event less frequently than annually. Adequate procedures and records
will be maintained to permit such review. The Board will be authorized
to take appropriate steps to ensure that the issuance of Restricted
Stock under the Plans will be in the best interest of Applicant's
stockholders. This authority will include the authority to prevent or
limit the granting of additional Restricted Stock under the Plans. All
records maintained pursuant to this condition will be subject to
examination by the Commission and its staff.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Brent J. Fields,
Secretary.
[FR Doc. 2018-28318 Filed 12-27-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: November 5, 2009 (Volume 74, Number 213)]
[Notices]
[Page 57316-57318]
[DOCID:fr05no09-59]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0667]
[FDA-2008-N-0043]

Amendment to Memorandum of Understanding Between the Food and
Drug Administration and WebMD, LLC

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is providing notice of
an amendment to a memorandum of understanding (MOU) between FDA's
Office of External Relations and WebMD, LLC.

DATES: The amendment became effective October 14, 2009.

FOR FURTHER INFORMATION CONTACT: Jason Brodsky, Office of External
Relations (HFI-40), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under section VII, Assessment Mechanisms, of
the October 2008 MOU (73 FR 73941, December 4, 2008 ), FDA and WebMD,
LLC agree that the first paragraph of section VII of the October 2008
MOU shall be replaced with the following paragraph:
    The October 2008 Memorandum of Understanding between the Food and
Drug Administration and WebMD will continue as written for five years
from the date of the signature by the latter Party to sign the October
2009

Addendum to the Memorandum between the Food and Drug Administration and
WebMD, L.L.C., whereupon the MOU may be renewed or terminated by mutual
written consent. In addition, at any time, the Parties may modify or
terminate the Agreement by mutual written consent, and either Party may
modify or terminate the Agreement by mutual consent, and either Party
may terminate the Agreement at any time by means of a written notice of
termination.
    In accordance with 21 CFR 20.108(c), which states that all written
agreements and MOUs between FDA and others shall be published in the
Federal Register, the agency is publishing notice of this MOU.

    Dated: October 30, 2009.
David Horowitz,
Assistant Commissioner for Policy.
BILLING CODE 4160-01-S

[GRAPHIC] [TIFF OMITTED] TN05NO09.000

[FR Doc. E9-26674 Filed 11-4-09; 8:45 am]

BILLING CODE 4160-01-C


  HYPERLINK "http://muskogee.oklahoma.usassessor.com/Shared/base/Levys/Levys.php"

Levy Rates

  HYPERLINK "http://muskogee.oklahoma.usassessor.com/Shared/base/Levys/TaxCalc.php"

Tax Calculator

Top of Form

Bottom of Form

Top of Form

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Muskogee County Levy Rates

2010

District Code	School District	Levy Rate

4A	Boynton	88.44

4B	Boynton SD (Rural)	88.44

46A	Braggs	74.79

46B	Braggs SD (Rural)	74.79

J19B	Checotah SD	100.47

3A	Fort Gibson	91.77

3C	Fort Gibson (No Sinking)	86.40

3B	Fort Gibson SD (Rural)	86.40

3B-MUS	Fort Gibson SD (Muskogee)	87.19

J6B	Gore SD	77.21

2A	Haskell	96.70

2B	Haskell SD (Rural)	96.70

29B	Hilldale SD (Rural)	74.97

29A	Hilldale SD (Muskogee)	75.76

29C	Hilldale SD (Muskogee - No Sinking)	74.97

J27B	Midway SD (Rural)	83.96

J27A	Midway SD (Council Hill)	83.96

20A	Muskogee	93.41

20C	Muskogee (No Sinking)	92.62

20B	Muskogee SD (Rural)	92.62

20B-GBFD	Muskogee SD (Rural - Gooseneck Bend FD)	96.14

8A	Oktaha	101.73

8B	Oktaha SD (Rural)	101.73

88A	Porum	105.24

88B	Porum SD (Rural)	105.24

20A-SUM	Summit (Muskogee SD)	92.62

4A-TAFT	Taft (Boynton SD)	88.44

9A	Wainwright	76.43

9B	Wainwright SD (Rural)	76.43

74A	Warner	84.80

74B	Warner SD (Rural)	84.80

6A	Webber Falls	103.33

6B	Webber Falls SD (Rural)	103.33


[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26765-26766]
[FR Doc No: 2014-10657]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0086]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Potential Tobacco
Product Violations Reporting Form

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by June 9,
2014.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0716.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville,
MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Potential Tobacco Product Violations Reporting Form--(OMB Control
Number 0910-0716)--Extension

    On June 22, 2009, the President signed the Family Smoking
Prevention and Tobacco Control Act (the Tobacco Control Act) (Pub. L.
111-31) into law. The Tobacco Control Act amended section 201 et seq.
of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C.
321 et seq.) by adding a new chapter granting FDA important new
authority to regulate the manufacture, marketing, and distribution of
tobacco products to protect the public health generally and to reduce
tobacco use by minors. FDA is requesting an extension of OMB approval
for the collection of information to accept consumer and other
stakeholder feedback and notification of potential violations of the
FD&C Act, as amended by the Tobacco Control Act.
    FDA created a Tobacco Call Center (with a toll-free number: 1-877-
CTP-1373). Callers are able to report potential violations of the
Tobacco Control Act, and FDA will conduct targeted followup
investigations based on information received. When callers report a
violation, the caller will be asked to provide as much certain
information as they can recall, including: The date the potential
violation occurred; product type (e.g., cigarette, smokeless, roll-
your-own); tobacco brand; potential violation type; type of potentially
violative promotional materials; who potentially violated; and the
name, address, phone number, and email address of the potential
violator. The caller will also be asked to list the potential
violator's Web site (if available), describe the potential violation,
and provide any additional files or information pertinent to the
potential violation.
    FDA currently provides a form that may be used to solicit this
information from the caller (Form FDA 3779, Potential Tobacco Product
Violations Report), and seeks renewal of Form FDA 3779. This form is
posted on FDA's Web site. The public and interested stakeholders are
also able to report information regarding possible violations of the
Tobacco Control Act through the following methods: Calling the Tobacco
Call Center using the Center for Tobacco Products' (CTP) toll-free
number; using a fillable Form FDA 3779 found on FDA's Web site;
downloading a PDF version of the form to send via email or mail to FDA;
requesting a copy of Form FDA 3779 by contacting CTP and sending by
mail to FDA; and sending a letter to FDA's CTP. The public and
interested stakeholders will also be able to report information
regarding possible violations of the Tobacco Control Act in the future
using FDA's tobacco violation reporting smartphone application.
    In the Federal Register of February 18, 2014 (79 FR 9216), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                     Activity and Form FDA 3779                         Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reporting violations of the FD&C Act, as amended by the Tobacco                 400                2              800         \2\ 0.25              200
 Control Act, by telephone, Internet form, mail, smartphone
 application, or email.............................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ 15 minutes.

    FDA estimates that submitting the information (by telephone,
Internet, mail, smartphone application, or email) will take 0.25 hours
(i.e., 15 minutes) per response. FDA estimates the number of annual
respondents to this collection of information will be 400, who will
each submit 2 reports by telephone, Internet, mail, smartphone
application, or email. This estimate is based on the rate of reporting
through Form FDA 3779, reports received from FDA's toll-

free telephone number and email address, and FDA experience. Each
report is expected to take 0.25 hours to complete and submit;
therefore, total burden hours for this collection of information is
estimated to be 200 hours (800 responses x 0.25 hours per response).
The total burden hours for this collection have decreased by 50 hours
(from 250 to 200) because the number of estimated respondents decreased
from 1,000 to 400, and the annual responses are expected to drop from
1,000 to 800. Based on past submissions to FDA, the number of estimated
annual respondents is expected to decrease from 1,000 to 400 and each
respondent's number of submissions is expected to increase from 1 to 2
annually. Therefore, the number of responses is expected to decrease
from 1,000 to 800 annually (400 respondents x 2 responses).

    Dated: May 5, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-10657 Filed 5-8-14; 8:45 am]
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