[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53941-53948]
[FR Doc No: 2012-21637]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30184; 812-13954]

Emerging Global Advisors, LLC, et al.; Notice of Application

August 28, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (``Act'') for an exemption from sections
2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act and rule 22c-1 under the
Act, and under sections 6(c) and 17(b) of the Act for an exemption from
sections 17(a)(1) and (2) of the Act, and under section 12(d)(1)(J) for
an exemption from sections 12(d)(1)(A) and (B) of the Act.

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Applicants: Emerging Global Advisors, LLC (the ``Adviser''), EGA
Emerging Global Shares Trust (the ``Trust'') and ALPS Distributors,
Inc. (``ALPS Distributors'').

Summary of Application: Applicants request an order that permits: (a)
Certain open-end management investment companies or series thereof to
issue shares (``Shares'') redeemable in large aggregations only
(``Creation Units''); (b) secondary market transactions in Shares to
occur at negotiated market prices; (c) certain series to pay redemption
proceeds, under certain circumstances, more than seven days from the
tender of Shares for redemption; (d) certain affiliated persons of the
series to deposit securities into, and receive securities from, the
series in connection with the purchase and redemption of Creation
Units; and (e) certain registered management investment companies and
unit investment trusts outside of the same group of investment
companies as the series to acquire Shares.

Filing Dates: The application was filed on September 8, 2011, and
amended on January 20, 2012, April 6, 2012, and August 27, 2012.

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

applicants with a copy of the request, personally or by mail. Hearing
requests should be received by the Commission by 5:30 p.m. September
24, 2012 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: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants, Trust and Adviser,
c/o Robert C. Holderith, 171 East Ridgewood Avenue, Ridgewood, NJ
07450. ALPS Distributors, 1290 Broadway, Suite 1100, Denver, CO 80203.

FOR FURTHER INFORMATION CONTACT: Marilyn Mann, Special Counsel, at
(202) 551-6813 or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

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

Applicants' Representations

    1. The Trust is registered as an open-end management investment
company under the Act and organized as a Delaware statutory trust.
Applicants request that the order apply to the series of the Trust
described in Appendix B to the application (``Initial Funds'') and any
future series of the Trust and any other open-end management companies
or series thereof (``Future Funds'') that may track specified
securities indexes (``Underlying Indexes'').\1\ Any Future Fund will be
(a) advised by the Adviser or an entity controlling, controlled by, or
under common control with the Adviser, and (b) comply with the terms
and conditions of the application. Each Underlying Index will be
comprised solely of equity and/or fixed income securities. The Funds
will be based on Underlying Indexes comprised of equity and/or fixed
income securities that trade in U.S. markets (``Domestic Funds'') or
securities that trade in non-U.S. markets (``Foreign Funds'') or
Underlying Indexes comprised of a combination of domestic and foreign
securities (``Global Funds''). The Initial Funds and all Future Funds,
together, are the ``Funds.''
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    \1\ All entities that currently intend to rely on the order are
named as applicants. Any other existing or future entity that relies
on the order will comply with the terms and conditions of the
application. An Investing Fund (as defined below) may rely on the
order only to invest in the Funds and not in any other registered
investment company.
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    2. The Adviser is registered as an investment adviser under the
Investment Advisers Act of 1940 (``Advisers Act'') and currently serves
as sub-adviser to the Initial Funds. The Adviser expects to serve as
investment adviser to the Funds. The Adviser may enter into sub-
advisory agreements with one or more investment advisers to act as sub-
advisers to a particular Fund (each, a ``Sub-Adviser''). Each Sub-
Adviser will be registered under the Advisers Act. The Trust will enter
into a distribution agreement with one or more distributors that will
be registered as a broker-dealer (``Broker'') under the Securities
Exchange Act of 1934 (``Exchange Act'') and will serve as the principal
underwriter and distributor (``Distributor'') for one or more Funds.
The Distributor for the Initial Funds is ALPS Distributors. A
Distributor may be an affiliated person of, or an affiliated person of
such affiliated person of, the Adviser and/or Sub-Advisers within the
meaning of section 2(a)(3) of the Act.
    3. Each Fund will consist of a portfolio of securities (``Portfolio
Securities'') selected to correspond generally to the performance of an
Underlying Index. No entity that creates, compiles, sponsors or
maintains an Underlying Index (``Index Provider'') is or will be an
affiliated person, as defined in section 2(a)(3) of the Act,
(``Affiliated Person'') or an affiliated person of an affiliated person
(``Second-Tier Affiliate'') of the Trust, any Fund, the Adviser, any
Sub-Adviser, or promoter of a Fund, or of any Distributor.
    4. The investment objective of each Fund will be to provide
investment returns that correspond, before fees and expenses, generally
to the performance of its Underlying Index.\2\ Each Fund will sell and
redeem Creation Units on a ``Business Day,'' which is defined as any
day that the NYSE, the relevant Listing Exchange (as defined below),
the Trust and the custodian of the Funds are open for business and
includes any day that a Fund is required to be open under section 22(e)
of the Act. A Fund will utilize either a replication or representative
sampling strategy to track its Underlying Index. A Fund using a
replication strategy will invest in the Component Securities in its
Underlying Index in the same approximate proportions as in such
Underlying Index. A Fund using a representative sampling strategy will
hold some, but not necessarily all, of the Component Securities of its
Underlying Index. Applicants state that in using the representative
sampling strategy, a Fund is not expected to track the performance of
its Underlying Index with the same degree of accuracy as would an
investment vehicle that invests in every Component Security of the
Underlying Index with the same weighting as the Underlying Index.
Applicants expect that each Fund will have an annual tracking error
relative to the performance of its Underlying Index of less than 5
percent.
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    \2\ Applicants represent that at least 80% of each Fund's total
assets (excluding securities lending collateral) (``80% Basket'')
will be invested in component securities that comprise its
Underlying Index (``Component Securities'') or TBA Transactions (as
defined below), or in the case of Foreign Funds and Global Funds,
the 80% Basket requirement may also include Depositary Receipts
(defined below) representing Component Securities. Each Fund may
also invest up to 20% of its total assets in a broad variety of
other instruments, including securities not included in its
Underlying Index, which the Adviser and/or Sub-Adviser believes will
help the Fund in tracking the performance of its Underlying Index.
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    5. Creation Units will consist of specified large aggregations of
Shares, e.g., 25,000 or 100,000 Shares, and it is expected that the
initial price of a Creation Unit will range from $1 million to $10
million. All orders to purchase Creation Units must be placed with the
Distributor by or through a party that has entered into an agreement
with the Distributor (``Authorized Participant''). The Distributor will
be responsible for transmitting the orders to the Funds. An Authorized
Participant must be either: (a) A Broker or other participant in the
continuous net settlement system of the National Securities Clearing
Corporation (``NSCC''), a clearing agency registered with the
Commission, or (b) a participant in the Depository Trust Company
(``DTC,'' and such participant, ``DTC Participant'').
    6. The Shares will be purchased and redeemed in Creation Units and
generally on an in-kind basis. Except where the purchase or redemption
will include cash under the limited circumstances specified below,
purchasers will be required to purchase Creation Units by making an in-
kind deposit of specified instruments (``Deposit Instruments''), and
shareholders redeeming their Shares will receive an in-kind transfer of
specified instruments (``Redemption Instruments'').\3\ On any given
Business

Day the names and quantities of the instruments that constitute the
Deposit Instruments and the names and quantities of the instruments
that constitute the Redemption Instruments will be identical, unless
the Fund is Rebalancing (as defined below). In addition, the Deposit
Instruments and the Redemption Instruments will each correspond pro
rata to the positions in a Fund's portfolio (including cash
positions),\4\ except: (a) In the case of bonds, for minor differences
when it is impossible to break up bonds beyond certain minimum sizes
needed for transfer and settlement; (b) for minor differences when
rounding is necessary to eliminate fractional shares or lots that are
not tradeable round lots; \5\ (c) ``to be announced'' transactions
(``TBA Transactions''),\6\ derivatives and other positions that cannot
be transferred in kind \7\ will be excluded from the Deposit
Instruments and the Redemption Instruments; \8\ (d) to the extent the
Fund determines, on a given Business Day, to use a representative
sampling of the Fund's portfolio; \9\ or (e) for temporary periods, to
effect changes in the Fund's portfolio as a result of the rebalancing
of its Underlying Index (any such change, a ``Rebalancing''). If there
is a difference between the net asset value (``NAV'') attributable to a
Creation Unit and the aggregate market value of the Deposit Instruments
or Redemption Instruments exchanged for the Creation Unit, the party
conveying instruments with the lower value will also pay to the other
an amount in cash equal to that difference (the ``Cash Amount'').
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    \3\ The Funds must comply with the federal securities laws in
accepting Deposit Instruments and satisfying redemptions with
Redemption Instruments, including that the Deposit Instruments and
Redemption Instruments are sold in transactions that would be exempt
from registration under the Securities Act of 1933 (``Securities
Act''). In accepting Deposit Instruments and satisfying redemptions
with Redemption Instruments that are restricted securities eligible
for resale pursuant to Rule 144A under the Securities Act, the Funds
will comply with the conditions of Rule 144A.
    \4\ The portfolio used for this purpose will be the same
portfolio used to calculate the Fund's NAV for that Business Day.
    \5\ A tradeable round lot for a security will be the standard
unit of trading in that particular type of security in its primary
market.
    \6\ A TBA Transaction is a method of trading mortgage-backed
securities. In a TBA Transaction, the buyer and seller agree on
general trade parameters such as agency, settlement date, par amount
and price. The actual pools delivered generally are determined two
days prior to the settlement date.
    \7\ This includes instruments that can be transferred in kind
only with the consent of the original counterparty to the extent the
Fund does not intend to seek such consents.
    \8\ Because these instruments will be excluded from the Deposit
Instruments and the Redemption Instruments, their value will be
reflected in the determination of the Cash Amount (defined below).
    \9\ A Fund may only use sampling for this purpose if the sample:
(i) Is designed to generate performance that is highly correlated to
the performance of the Fund's portfolio; (ii) consists entirely of
instruments that are already included in the Fund's portfolio; and
(iii) is the same for all Authorized Participants on a given
Business Day.
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    7. Purchases and redemptions of Creation Units may be made in whole
or in part on a cash basis, rather than in kind, solely under the
following circumstances: (a) To the extent there is a Cash Amount, as
described above; (b) if, on a given Business Day, a Fund announces
before the open of trading that all purchases, all redemptions or all
purchases and redemptions on that day will be made entirely in cash;
(c) if, upon receiving a purchase or redemption order from an
Authorized Participant, a Fund determines to require the purchase or
redemption, as applicable, to be made entirely in cash; \10\ (d) if, on
a given Business Day, a Fund requires all Authorized Participants
purchasing or redeeming Shares on that day to deposit or receive (as
applicable) cash in lieu of some or all of the Deposit Instruments or
Redemption Instruments, respectively, solely because: (i) Such
instruments are not eligible for transfer through either the NSCC or
DTC; or (ii) in the case of Foreign Funds and Global Funds, such
instruments are not eligible for trading due to local trading
restrictions, local restrictions on securities transfers or other
similar circumstances; or (e) if a Fund permits an Authorized
Participant to deposit or receive (as applicable) cash in lieu of some
or all of the Deposit Instruments or Redemption Instruments,
respectively, solely because: (i) Such instruments are, in the case of
the purchase of a Creation Unit, not available in sufficient quantity;
(ii) such instruments are not eligible for trading by an Authorized
Participant or the investor on whose behalf the Authorized Participant
is acting; or (iii) a holder of Shares of a Foreign Fund or Global Fund
would be subject to unfavorable income tax treatment if the holder
receives redemption proceeds in kind.\11\
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    \10\ In determining whether a particular Fund will sell or
redeem Creation Units entirely on a cash or in kind basis (whether
for a given day or a given order), the key consideration will be the
benefit that would accrue to the Fund and its investors. For
instance, in bond transactions, the Adviser may be able to obtain
better execution than Share purchasers because of the Adviser's or
Sub-Adviser's size, experience and potentially stronger
relationships in the fixed income markets. Purchases of Creation
Units either on an all cash basis or in kind are expected to be
neutral to the Funds from a tax perspective. In contrast, cash
redemptions typically require selling portfolio holdings, which may
result in adverse tax consequences for the remaining Fund
shareholders that would not occur with an in kind redemption. As a
result, tax considerations may warrant in kind redemptions.
    \11\ A ``custom order'' is any purchase or redemption of Shares
made in whole or in part on a cash basis in reliance on clause
(e)(i) or (e)(ii).
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    8. Each Business Day, before the open of trading on a national
securities exchange, as defined in section 2(a)(26) of the Act
(``Exchange'') on which Shares are listed (``Listing Exchange''), each
Fund will cause to be published through the NSCC the names and
quantities of the instruments comprising the Deposit Instruments and
the Redemption Instruments, as well as the estimated Cash Amount (if
any), for that day. The list of Deposit Instruments and the list of
Redemption Instruments will apply until new lists are announced on the
following Business Day, and there will be no intra-day changes to the
lists except to correct errors in the published lists. Each Listing
Exchange will disseminate, every 15 seconds during regular Exchange
trading hours, through the facilities of the Consolidated Tape
Association, an amount for each Fund stated on a per individual Share
basis representing the sum of (i) the estimated Cash Amount and (ii)
the current value of the Deposit Instruments.
    9. An investor purchasing or redeeming a Creation Unit from a Fund
will be charged a fee (``Transaction Fee'') to prevent the dilution of
the interests of shareholders resulting from costs in connection with
the purchase or redemption of Creation Units.\12\ All orders to
purchase Creation Units will be placed with the Distributor by or
through an Authorized Participant, and it will be the Distributor's
responsibility to transmit such orders to the Funds. The Distributor
also will be responsible for delivering the Fund's prospectus to those
persons purchasing Shares in Creation Units and for maintaining records
of both the orders placed with it and the confirmations of acceptance
furnished by it. In addition, the Distributor will maintain a record of
the instructions given to the applicable Fund to implement the delivery
of its Shares.
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    \12\ Where a Fund permits an in-kind purchaser to substitute
cash-in-lieu of depositing one or more of the requisite Deposit
Instruments, the purchaser may be assessed a higher Transaction Fee
to cover the cost of purchasing such Deposit Instruments.
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    10. Shares of the Initial Funds will be listed on the NYSE Arca,
Inc. Exchange (``NYSE Arca''). Shares of each Future Fund will be
listed and traded individually on an Exchange. It is expected that one
or more Exchange liquidity providers or market makers (``Market
Makers'') will be assigned to Shares and maintain a market for Shares
trading on the Listing Exchange. The

price of Shares trading on an Exchange will be based on a current bid-
offer market. Transactions involving the sale of Shares on an Exchange
will be subject to customary brokerage commissions and charges.
    11. Applicants expect that purchasers of Creation Units will
include institutional investors and arbitrageurs. Market Makers also
may purchase or redeem Creation Units in connection with their market
making activities. Applicants expect that secondary market purchasers
of Shares will include both institutional and retail investors.\13\ The
price at which Shares trade will be disciplined by arbitrage
opportunities created by the option continually to purchase or redeem
Shares in Creation Units, which should help to ensure that Shares will
not trade at a material discount or premium in relation to their NAV
per Share.
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    \13\ Shares will be registered in book-entry form only. DTC or
its nominee will be the record or registered owner of all
outstanding Shares. Beneficial ownership of Shares will be shown on
the records of DTC or DTC Participants.
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    12. Shares will not be individually redeemable and owners of Shares
may acquire those Shares from a Fund or tender such shares for
redemption to the Fund, in Creation Units only. To redeem, an investor
must accumulate enough Shares to constitute a Creation Unit. Redemption
requests must be placed by or through an Authorized Participant. A
redeeming investor may pay a Transaction Fee, imposed in the same
manner as the Transaction Fee incurred in purchasing such Shares of
Creation Units.
    13. Neither the Trust nor any Fund will be advertised or marketed
or otherwise held out as a traditional open-end investment company or
``mutual fund.'' Instead, each Fund will be marketed as an ``exchange-
traded fund'' or an ``ETF''. All advertising materials that describe
the features or method of obtaining, buying or selling Creation Units,
or Shares traded on an Exchange, or refer to redeemability, will
prominently disclose that Shares are not individually redeemable and
that the owners of Shares may acquire or tender such Shares for
redemption to the Fund in Creation Units only. The Funds will provide
copies of their annual and semi-annual shareholder reports to DTC
Participants for distribution to beneficial owners of Shares.

Applicants' Legal Analysis

    1. Applicants request an order under section 6(c) of the Act
granting an exemption from sections 2(a)(32), 5(a)(1), 22(d) and 22(e)
of the Act and rule 22c-1 under the Act; and under sections 6(c) and
17(b) of the Act granting an exemption from sections 17(a)(1) and (2)
of the Act, and under section 12(d)(1)(J) for an exemption from
sections 12(d)(1)(A) and (B) of the Act.
    2. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction, or any class of persons,
securities or transactions, from any provision of the Act, if and to
the extent that such exemption is necessary or appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Section 17(b) of the Act authorizes the Commission to exempt a proposed
transaction from section 17(a) of the Act if evidence establishes that
the terms of the transaction, including the consideration to be paid or
received, are reasonable and fair and do not involve overreaching on
the part of any person concerned, and the proposed transaction is
consistent with the policies of the registered investment company and
the general provisions of the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities or
transactions, from any provision of section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.

Sections 5(a)(1) and 2(a)(32) of the Act

    3. Section 5(a)(1) of the Act defines an ``open-end company'' as a
management investment company that is offering for sale or has
outstanding any redeemable security of which it is the issuer. Section
2(a)(32) of the Act defines a redeemable security as any security,
other than short-term paper, under the terms of which the holder, upon
its presentation to the issuer, is entitled to receive approximately a
proportionate share of the issuer's current net assets, or the cash
equivalent. Because Shares will not be individually redeemable,
applicants request an order that would permit the Trust and each Fund
to redeem Shares in Creation Units only. Applicants state that
investors may purchase Shares in Creation Units from each Fund and
redeem Creation Units according to the provisions of the Act.
Applicants further state that because the market price of Shares will
be disciplined by arbitrage opportunities, investors should be able to
sell Shares in the secondary market at prices that do not vary
materially from their NAV per Share.

Section 22(d) of the Act and Rule 22c-1 Under the Act

    4. Section 22(d) of the Act, among other things, prohibits a dealer
from selling a redeemable security that is currently being offered to
the public by or through an underwriter, except at a current public
offering price described in the prospectus. Rule 22c-1 under the Act
generally requires that a dealer selling, redeeming, or repurchasing a
redeemable security do so only at a price based on its NAV. Applicants
state that secondary market trading in Shares will take place at
negotiated prices, not at a current offering price described in a
Fund's prospectus and not at a price based on NAV. Thus, purchases and
sales of Shares in the secondary market will not comply with section
22(d) of the Act and rule 22c-1 under the Act. Applicants request an
exemption under section 6(c) from these provisions.
    5. Applicants assert that the concerns sought to be addressed by
section 22(d) of the Act and rule 22c-1 under the Act with respect to
pricing are equally satisfied by the proposed method of pricing Shares.
Applicants maintain that, while there is little legislative history
regarding section 22(d), its provisions, as well as those of rule 22c-
1, appear to have been designed to (a) prevent dilution caused by
certain riskless-trading schemes by principal underwriters and contract
dealers, (b) prevent unjust discrimination or preferential treatment
among buyers, and (c) ensure an orderly distribution system of
investment company shares by eliminating price competition from non-
contract dealers offering shares at less than the published sales price
and repurchasing shares at more than the published redemption price.
    6. Applicants believe that none of these purposes will be thwarted
by permitting Shares to trade in the secondary market at negotiated
prices. Applicants state that (a) secondary market trading in Shares
does not involve the Funds as parties and cannot result in dilution of
an investment in Shares, and (b) to the extent different prices exist
during a given trading day, or from day to day, such variances occur as
a result of third-party market forces, such as supply and demand.
Therefore, applicants assert that secondary market transactions in
Shares will not lead to discrimination or preferential treatment among
purchasers. Finally, applicants contend that the proposed distribution
system will be orderly because arbitrage activity will ensure that the
Shares do not trade at a material discount or premium in relation to
their NAV.

Section 22(e) of the Act

    7. Section 22(e) of the Act generally prohibits a registered
investment company from suspending the right of redemption or
postponing the date of payment of redemption proceeds for more than
seven days after the tender of a security for redemption. Applicants
state that settlement of redemptions for Foreign Funds, including the
Initial Funds, and Global Funds will be contingent not only on the
settlement cycle of the U.S. securities markets but also on the
delivery cycles in local markets for underlying foreign Portfolio
Securities held by the Foreign Funds and Global Funds. Applicants state
that current delivery cycles for transferring Redemption Instruments to
redeeming investors, coupled with local market holiday schedules, in
certain circumstances will require a delivery process for the Foreign
Funds and Global Funds of up to 14 calendar days. Applicants request
relief under section 6(c) of the Act from section 22(e) to allow
Foreign Funds and Global Funds to pay redemption proceeds up to 14
calendar days after the tender of the Creation Units for redemption.
Except as disclosed in the relevant Foreign Fund's or Global Fund's
SAI, applicants expect that each Foreign Fund and Global Fund will be
able to deliver redemption proceeds within seven days.\14\
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    \14\ Rule 15c6-1 under the Exchange Act requires that most
securities transactions be settled within three business days of the
trade date. Applicants acknowledge that relief obtained from the
requirements of section 22(e) will not affect any obligations that
they have under rule 15c6-1.
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    8. Applicants state that Congress adopted section 22(e) to prevent
unreasonable, undisclosed and unforeseen delays in the actual payment
of redemption proceeds. Applicants state that allowing redemption
payments for Creation Units of a Foreign Fund or Global Fund to be made
within the number of days indicated above would not be inconsistent
with the spirit and intent of section 22(e). Applicants state that the
SAI will disclose those local holidays (over the period of at least one
year following the date of the SAI), if any, that are expected to
prevent the delivery of in kind redemption proceeds in seven calendar
days, and the maximum number of days (up to fourteen calendar days)
needed to deliver the proceeds for each affected Foreign Fund and
Global Fund.
    9. Applicants are not seeking relief from section 22(e) with
respect to Foreign Funds or Global Funds that do not effect creations
and redemptions of Creation Units in-kind.

Section 12(d)(1) of the Act

    10. Section 12(d)(1)(A) of the Act prohibits a registered
investment company from acquiring shares of an investment company if
the securities represent more than 3% of the total outstanding voting
stock of the acquired company, more than 5% of the total assets of the
acquiring company, or, together with the securities of any other
investment companies, more than 10% of the total assets of the
acquiring company. Section 12(d)(1)(B) of the Act prohibits a
registered open-end investment company, its principal underwriter, or
any other broker or dealer from selling the investment company's shares
to another investment company if the sale would cause the acquiring
company to own more than 3% of the acquired company's voting stock, or
if the sale would cause more than 10% of the acquired company's voting
stock to be owned by investment companies generally.
    11. Applicants request an exemption to permit management investment
companies (``Investing Management Companies'') and unit investment
trusts (``Investing Trusts'') registered under the Act that are not
sponsored or advised by the Adviser or an entity controlling,
controlled by, or under common control with the Adviser and are not
part of the same ``group of investment companies,'' as defined in
section 12(d)(1)(G)(ii) of the Act, as the Funds (collectively,
``Investing Funds'') to acquire Shares beyond the limits of section
12(d)(1)(A). In addition, applicants seek relief to permit a Fund, any
Distributor, and/or any Broker to sell Shares to Investing Funds in
excess of the limits of section 12(d)(1)(B).
    12. Each Investing Management Company's investment adviser within
the meaning of section 2(a)(20)(A) of the Act is the ``Investing Fund
Adviser'' and each Investing Management Company's investment adviser
within the meaning of section 2(a)(20)(B) of the Act is the ``Investing
Fund Sub-Adviser''. Any investment adviser to an Investing Fund will be
registered under the Advisers Act. Each Investing Trust's sponsor is
the ``Sponsor.''
    13. Applicants submit that the proposed conditions to the requested
relief adequately address the concerns underlying the limits in section
12(d)(1)(A) and (B), which include concerns about undue influence by a
fund of funds over underlying funds, excessive layering of fees and
overly complex fund structures. Applicants believe that the requested
exemption is consistent with the public interest and the protection of
investors.
    14. Applicants believe that neither an Investing Fund nor an
Investing Funds Affiliate would be able to exert undue influence over a
Fund.\15\ To limit the control that an Investing Fund may have over a
Fund, applicants propose a condition prohibiting the Investing Fund
Adviser, Sponsor, any person controlling, controlled by, or under
common control with the Investing Fund Adviser or Sponsor, and any
investment company and any issuer that would be an investment company
but for sections 3(c)(1) or 3(c)(7) of the Act that is advised or
sponsored by the Investing Fund Adviser, the Sponsor, or any person
controlling, controlled by, or under common control with the Investing
Fund Adviser or Sponsor (``Investing Funds' Advisory Group'') from
controlling (individually or in the aggregate) a Fund within the
meaning of section 2(a)(9) of the Act. The same prohibition would apply
to any Investing Fund Sub-Adviser, any person controlling, controlled
by or under common control with the Investing Fund Sub-Adviser, and any
investment company or issuer that would be an investment company but
for section 3(c)(1) or 3(c)(7) of the Act (or portion of such
investment company or issuer) advised or sponsored by the Investing
Fund Sub-Adviser or any person controlling, controlled by or under
common control with the Investing Fund Sub-Adviser (``Investing Funds'
Sub-Advisory Group''). Applicants propose other conditions to limit the
potential for undue influence over the Funds, including that no
Investing Fund or Investing Funds Affiliate (except to the extent it is
acting in its capacity as an investment adviser to a Fund) will cause a
Fund to purchase a security in an offering of securities during the
existence of an underwriting or selling syndicate of which a principal
underwriter is an Underwriting Affiliate (``Affiliated Underwriting'').
An ``Underwriting Affiliate'' is a principal underwriter in any
underwriting or selling syndicate that is an officer, director, member
of an advisory board, Investing Fund Adviser, Investing Fund Sub-
Adviser, employee or Sponsor of the Investing Fund, or a person of
which any such officer, director, member of an

advisory board, Investing Fund Adviser, Investing Fund Sub-Adviser,
employee or Sponsor is an affiliated person (except any person whose
relationship to the Fund is covered by section 10(f) of the Act is not
an Underwriting Affiliate).
---------------------------------------------------------------------------

    \15\ An ``Investing Funds Affiliate'' is any Investing Fund
Adviser, Investing Fund Sub-Adviser, Sponsor, promoter or principal
underwriter of an Investing Fund, and any person controlling,
controlled by or under common control with any of those entities.
``Fund Affiliate'' is the Adviser, Sub-Adviser, promoter, or
principal underwriter of a Fund or any person controlling,
controlled by or under common control with any of these entities.
---------------------------------------------------------------------------

    15. Applicants do not believe that the proposed arrangement will
involve excessive layering of fees. The board of directors or trustees
of any Investing Management Company, including a majority of the
directors or trustees who are not interested directors or trustees
within the meaning of section 2(a)(19) of the Act (``disinterested
directors or trustees''), will find that the advisory fees charged
under the contract are based on services provided that will be in
addition to, rather than duplicative of, services provided under the
advisory contract of any Fund in which the Investing Management Company
may invest. In addition, under condition 9, an Investing Fund Adviser,
or Investing Trust's trustee (``Trustee'') or Sponsor, will waive fees
otherwise payable to it by the Investing Fund in an amount at least
equal to any compensation (including fees received pursuant to any plan
adopted by a Fund under rule 12b-1 under the Act) received from a Fund
by the Investing Fund Adviser, Trustee or Sponsor or an affiliated
person of the Investing Fund Adviser, Trustee or Sponsor, in connection
with the investment by the Investing Fund in the Fund. Applicants also
state that any sales charges and/or service fees charged with respect
to shares of an Investing Fund will not exceed the limits applicable to
a fund of funds as set forth in Conduct Rule 2830 of the NASD.\16\
---------------------------------------------------------------------------

    \16\ All references to Conduct Rule 2830 of the NASD include any
successor or replacement rule that may be adopted by the Financial
Industry Regulatory Authority.
---------------------------------------------------------------------------

    16. Applicants submit that the proposed arrangement will not create
an overly complex fund structure. Applicants note that a Fund will be
prohibited from acquiring securities of any investment company or
company relying on section 3(c)(1) or 3(c)(7) of the Act in excess of
the limits contained in section 12(d)(1)(A) of the Act, except to the
extent permitted by exemptive relief from the Commission permitting the
Fund to purchase shares for short-term cash management purposes. To
ensure that an Investing Fund is aware of the terms and conditions of
the requested order, the Investing Funds must enter into an agreement
with the respective Funds (``Investing Fund Participation Agreement'').
The Investing Fund Participation Agreement will include an
acknowledgement from the Investing Fund that it may rely on the order
only to invest in the Funds and not in any other investment company.
    17. Applicants also note that a Fund may choose to reject a direct
purchase of Shares in Creation Units by an Investing Fund. To the
extent that an Investing Fund purchases Shares in the secondary market,
a Fund would still retain its ability to reject initial purchases of
Shares made in reliance on the requested order by declining to enter
into the Investing Fund Participation Agreement prior to any investment
by an Investing Fund in excess of the limits of section 12(d)(1)(A).

Section 17 of the Act

    18. Section 17(a) of the Act generally prohibits an Affiliated
Person or a Second-Tier Affiliate, from selling any security to or
purchasing any security from a registered investment company. Section
2(a)(3) of the Act defines ``affiliated person'' of another person to
include any person directly or indirectly owning, controlling, or
holding with power to vote 5% or more of the outstanding voting
securities of the other person and any person directly or indirectly
controlling, controlled by, or under common control with, the other
person. Section 2(a)(9) of the Act defines ``control'' as the power to
exercise a controlling influence over the management or policies of a
company, and provides that a control relationship will be presumed
where one person owns more than 25% of a company's voting securities.
The Funds may be deemed to be controlled by the Adviser or an entity
controlling, controlled by or under common control with the Adviser and
hence Affiliated Persons of each other. In addition, the Funds may be
deemed to be under common control with any other registered investment
company (or series thereof) advised by the Adviser or an entity
controlling, controlled by or under common control with the Adviser (an
``Affiliated Fund''). Applicants also state that any investor,
including Market Makers, owning 5% or holding in excess of 25% of the
Trust or such Funds may be deemed affiliated persons of the Trust or
such Funds. In addition, an investor could own 5% or more, or in excess
of 25% of the outstanding shares of one or more Affiliated Funds making
that investor a Second-Tier Affiliate of the Funds.
    19. Applicants request an exemption under sections 6(c) and 17(b)
of the Act from sections 17(a)(1) and 17(a)(2) of the Act in order to
permit in-kind purchases and redemptions of Creation Units from the
Funds by persons that are Affiliated Persons or Second-Tier Affiliates
of the Funds solely by virtue of one or more of the following: (a)
holding 5% or more, or more than 25%, of the Shares of the Trust or one
or more Funds; (b) having an affiliation with a person with an
ownership interest described in (a); or (c) holding 5% or more, or more
than 25%, of the shares of one or more Affiliated Funds. Applicants
also request an exemption in order to permit each Fund to sell Shares
to and redeem Shares from, and engage in the in-kind transactions that
would accompany such sales and redemptions with, any Investing Fund of
which the Fund is an Affiliated Person or Second-Tier Affiliate.\17\
---------------------------------------------------------------------------

    \17\ To the extent that purchases and sales of Shares of a Fund
occur in the secondary market (and not through principal
transactions directly between an Investing Fund and a Fund), relief
from section 17(a) would not be necessary. The requested relief is
intended to cover, however, transactions directly between Funds and
Investing Funds. Applicants are not seeking relief from section
17(a) for, and the requested relief will not apply to, transactions
where a Fund could be deemed an Affiliated Person or Second-Tier
Affiliate of an Investing Fund because an investment adviser to the
Fund or an entity controlling, controlled by or under common control
with the investment adviser is also an investment adviser to the
Investing Fund.
---------------------------------------------------------------------------

    20. Applicants contend that no useful purpose would be served by
prohibiting such affiliated persons from making in-kind purchases or
in-kind redemptions of Shares of a Fund in Creation Units. Deposit
Instruments and Redemption Instruments for each Fund will be valued in
the same manner as the Portfolio Securities currently held by such
Fund, and will be valued in this same manner, regardless of the
identity of the purchaser or redeemer. Portfolio Securities, Deposit
Instruments, Redemption Instruments, and applicable Cash Amounts
(except for any permitted cash-in-lieu amounts) will be the same
regardless of the identity of the purchaser or redeemer. Therefore,
applicants state that in-kind purchases and redemptions will afford no
opportunity for the specified affiliated persons of a Fund to effect a
transaction detrimental to the other holders of Shares. Applicants also
believe that in-kind purchases and redemptions will not result in
abusive self-dealing or overreaching of the Fund. Applicants also
submit that the sale of Shares to and redemption of Shares from an
Investing Fund satisfies the standards for relief under sections 17(b)
and 6(c) of the Act. Applicants note that any consideration paid for
the purchase or redemption of Shares directly from a Fund will be based
on the NAV of the Fund in accordance with policies and procedures set
forth in the Fund's

registration statement.\18\ Applicants also state that the proposed
transactions are consistent with the general purposes of the Act and
appropriate in the public interest.
---------------------------------------------------------------------------

    \18\ Applicants acknowledge that the receipt of compensation by
(a) an Affiliated Person of an Investing Fund, or a Second-Tier
Affiliate, for the purchase by the Investing Funds of Shares of a
Fund or (b) an Affiliated Person of a Fund, or a Second-Tier
Affiliate, for the sale by the Fund of Shares to an Investing Fund,
may be prohibited by section 17(e)(1) of the Act. The Investing Fund
Participation Agreement also will include this acknowledgment.
---------------------------------------------------------------------------

Applicants' Conditions

    Applicants agree that any order of the Commission granting the
requested relief will be subject to the following conditions:

ETF Relief

    1. As long as a Fund operates in reliance on the requested order,
the Shares of such Fund will be listed on an Exchange.
    2. Neither the Trust nor any Fund will be advertised or marketed as
an open-end investment company or a mutual fund. Any advertising
material that describes the purchase or sale of Creation Units or
refers to redeemability will prominently disclose that Shares are not
individually redeemable and that owners of Shares may acquire those
Shares from a Fund and tender those Shares for redemption to a Fund in
Creation Units only.
    3. The Web site maintained for each Fund, which is and will be
publicly accessible at no charge, will contain, on a per Share basis
for each Fund, the prior Business Day's NAV and the market closing
price or the midpoint of the bid/ask spread at the time of the
calculation of such NAV (``Bid/Ask Price''), and a calculation of the
premium or discount of the market closing price or Bid/Ask Price
against such NAV.
    4. The requested relief to permit ETF operations will expire on the
effective date of any Commission rule under the Act that provides
relief permitting the operation of index-based exchange-traded funds.

Section 12(d)(1) Relief

    5. The members of an Investing Funds' Advisory Group will not
control (individually or in the aggregate) a Fund within the meaning of
section 2(a)(9) of the Act. The members of an Investing Funds' Sub-
Advisory Group will not control (individually or in the aggregate) a
Fund within the meaning of section 2(a)(9) of the Act. If, as a result
of a decrease in the outstanding voting securities of a Fund, the
Investing Funds' Advisory Group or the Investing Funds' Sub-Advisory
Group, each in the aggregate, becomes a holder of more than 25% of the
outstanding voting securities of a Fund, it will vote its Shares of the
Fund in the same proportion as the vote of all other holders of the
Fund's Shares. This condition does not apply to the Investing Funds'
Sub-Advisory Group with respect to a Fund for which the Investing Fund
Sub-Adviser or a person controlling, controlled by, or under common
control with the Investing Fund Sub-Adviser acts as the investment
adviser within the meaning of section 2(a)(20)(A) of the Act.
    6. No Investing Fund or Investing Funds Affiliate will cause any
existing or potential investment by the Investing Fund in a Fund to
influence the terms of any services or transactions between the
Investing Fund or an Investing Funds Affiliate and the Fund or a Fund
Affiliate.
    7. The board of directors or trustees of an Investing Management
Company, including a majority of the disinterested directors or
trustees, will adopt procedures reasonably designed to assure that the
Investing Fund Adviser and any Investing Fund Sub-Adviser are
conducting the investment program of the Investing Management Company
without taking into account any consideration received by the Investing
Management Company or an Investing Funds Affiliate from a Fund or a
Fund Affiliate in connection with any services or transactions.
    8. Once an investment by an Investing Fund in securities of a Fund
exceeds the limit in section 12(d)(1)(A)(i) of the Act, the board of
trustees of the Trust (``Board''), including a majority of the
disinterested trustees, will determine that any consideration paid by
the Fund to the Investing Fund or an Investing Funds Affiliate in
connection with any services or transactions: (a) Is fair and
reasonable in relation to the nature and quality of the services and
benefits received by the Fund; (b) is within the range of consideration
that the Fund would be required to pay to another unaffiliated entity
in connection with the same services or transactions; and (c) does not
involve overreaching on the part of any person concerned. This
condition does not apply with respect to any services or transactions
between a Fund and its investment adviser(s), or any person
controlling, controlled by, or under common control with such
investment adviser(s).
    9. The Investing Fund Adviser, Trustee or Sponsor, as applicable,
will waive fees otherwise payable to it by the Investing Fund in an
amount at least equal to any compensation (including fees received
pursuant to any plan adopted by a Fund under rule 12b-1 under the Act)
received from a Fund by the Investing Fund Adviser, Trustee or Sponsor,
or an affiliated person of the Investing Fund Adviser, Trustee or
Sponsor, other than any advisory fees paid to the Investing Fund
Adviser, Trustee, or Sponsor, or its affiliated person by the Fund, in
connection with the investment by the Investing Fund in the Fund. Any
Investing Fund Sub-Adviser will waive fees otherwise payable to the
Investing Fund Sub-Adviser, directly or indirectly, by the Investing
Management Company in an amount at least equal to any compensation
received from a Fund by the Investing Fund Sub-Adviser, or an
affiliated person of the Investing Fund Sub-Adviser, other than any
advisory fees paid to the Investing Fund Sub-Adviser or its affiliated
person by the Fund, in connection with any investment by the Investing
Management Company in the Fund made at the direction of the Investing
Fund Sub-Adviser. In the event that the Investing Fund Sub-Adviser
waives fees, the benefit of the waiver will be passed through to the
Investing Management Company.
    10. No Investing Fund or Investing Funds Affiliate (except to the
extent it is acting in its capacity as an investment adviser to a Fund)
will cause a Fund to purchase a security in an Affiliated Underwriting.
    11. The Board, including a majority of the disinterested trustees,
will adopt procedures reasonably designed to monitor any purchases of
securities by a Fund in an Affiliated Underwriting, once an investment
by an Investing Fund in the securities of the Fund exceeds the limit of
section 12(d)(1)(A)(i) of the Act, including any purchases made
directly from an Underwriting Affiliate. The Board will review these
purchases periodically, but no less frequently than annually, to
determine whether the purchases were influenced by the investment by
the Investing Fund in the Fund. The Board will consider, among other
things: (a) Whether the purchases were consistent with the investment
objectives and policies of the Fund; (b) how the performance of
securities purchased in an Affiliated Underwriting compares to the
performance of comparable securities purchased during a comparable
period of time in underwritings other than Affiliated Underwritings or
to a benchmark such as a comparable market index; and (c) whether the
amount of securities purchased by the Fund in Affiliated

Underwritings and the amount purchased directly from an Underwriting
Affiliate have changed significantly from prior years. The Board will
take any appropriate actions based on its review, including, if
appropriate, the institution of procedures designed to assure that
purchases of securities in Affiliated Underwritings are in the best
interest of shareholders of the Fund.
    12. Each Fund will maintain and preserve permanently in an easily
accessible place a written copy of the procedures described in the
preceding condition, and any modifications to such procedures, and will
maintain and preserve for a period of not less than six years from the
end of the fiscal year in which any purchase in an Affiliated
Underwriting occurred, the first two years in an easily accessible
place, a written record of each purchase of securities in Affiliated
Underwritings once an investment by an Investing Fund in the securities
of the Fund exceeds the limit of section 12(d)(1)(A)(i) of the Act,
setting forth from whom the securities were acquired, the identity of
the underwriting syndicate's members, the terms of the purchase, and
the information or materials upon which the Board's determinations were
made.
    13. Before investing in a Fund in excess of the limits in section
12(d)(1)(A), each Investing Fund and the Fund will execute an Investing
Fund Participation Agreement stating, without limitation, that their
respective boards of directors or trustees and their investment
advisers, or Trustee and Sponsor, as applicable, understand the terms
and conditions of the order, and agree to fulfill their
responsibilities under the order. At the time of its investment in
Shares of a Fund in excess of the limit in section 12(d)(1)(A)(i), an
Investing Fund will notify the Fund of the investment. At such time,
the Investing Fund will also transmit to the Fund a list of the names
of each Investing Funds Affiliate and Underwriting Affiliate. The
Investing Fund will notify the Fund of any changes to the list of names
as soon as reasonably practicable after a change occurs. The Fund and
the Investing Fund will maintain and preserve a copy of the order, the
Investing Fund Participation Agreement, and the list with any updated
information for the duration of the investment and for a period of not
less than six years thereafter, the first two years in an easily
accessible place.
    14. Before approving any advisory contract under section 15 of the
Act, the board of directors or trustees of each Investing Management
Company, including a majority of the disinterested directors or
trustees, will find that the advisory fees charged under such contract
are based on services provided that will be in addition to, rather than
duplicative of, the services provided under the advisory contract(s) of
any Fund in which the Investing Management Company may invest. These
findings and their basis will be recorded fully in the minute books of
the appropriate Investing Management Company.
    15. Any sales charges and/or service fees charged with respect to
shares of an Investing Fund will not exceed the limits applicable to an
Investing Fund as set forth in Conduct Rule 2830 of the NASD.
    16. No Fund will acquire securities of an investment company or
company relying on section 3(c)(1) or 3(c)(7) of the Act in excess of
the limits contained in section 12(d)(1)(A) of the Act, except to the
extent permitted by exemptive relief from the Commission permitting the
Fund to purchase shares of other investment companies for short-term
cash management purposes.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-21637 Filed 8-31-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 26, 2008 (Volume 73, Number 188)]
[Notices]
[Page 55833]
[DOCID:fr26se08-52]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13101-000]

Barrington Hydro LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comment, Motions To Intervene, and
Competing Applications

September 19, 2008.
    On January 23, 2008, Barrington Hydro LLC filed an application,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of the Barrington Hydroelectric Project to be located
in Berkshire County, Massachusetts.
    The proposed project consists of: (1) An existing 22-foot high 130-
foot-long concrete and timber crib dam; (2) a proposed reservoir having
a normal maximum water surface elevation of 716 feet (ngvd) and a
surface area of 40 acres, with negligible storage capacity; (3) an
existing 190-foot-long, 14-foot diameter concrete penstock; (4) a
proposed powerhouse with two generating units having a total capacity
of 1,100 KW; (5) a proposed 450-foot-long, 24-KV transmission line; and
(6) appurtenant facilities. The project would have an annual generation
of 4,300 MWh, and would be sold to a local utility.
    Applicant Contact: Mr. Robert Munch, Barrington Hydro LLC, P.O. Box
1854 Lenox, MA 01240, Phone:<PHONE_NUMBER>. FERC Contact: Henry Woo,
202-502-8872.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``eFiling'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http: //www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of the Commission's Web site at http:/
/www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13101) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-22619 Filed 9-25-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Rules and Regulations]
[Page 54487]
[FR Doc No: 2023-17223]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Rules
and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2023-0563]

Special Local Regulations; Marine Events Within the Fifth Coast
Guard District--Atlantic City, NJ

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notification of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a special local regulation for
the Atlantic City Triathlon on August 12, 2023, to provide for the
safety of life on navigable waterways during this event. Our regulation
for marine events within the Fifth Coast Guard District identifies the
regulated area for this event in Atlantic City, NJ. During the
enforcement periods, the operator of any vessel in the regulated area
must comply with directions from the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.

DATES: The regulations in 33 CFR 100.501 for Atlantic City, NJ, will be
enforced for the regulated areas listed in table 1 to paragraph (i)(1)
of Sec.  100.501 for the Triathlons in Atlantic City from 6:30 a.m. to
10 a.m. on August 12, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Petty Officer Christopher
Payne, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone:<PHONE_NUMBER>, Email: [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.501 for the Triathlons in Atlantic City
regulated Area from 6:30 a.m. to 10 a.m. on August 12, 2023. This
action is being taken to provide for the safety of life on navigable
waterways during this event. Our regulation for marine events within
the Fifth Coast Guard District, Sec.  100.501, specifies the location
of the regulated area for the Triathlons in Atlantic City which
encompasses portions of the New Jersey Intracoastal Waterway. As
reflected in Sec.  100.501(d)(2), during the enforcement periods if you
are the operator of a vessel in the regulated area you must comply with
directions from the Patrol Commander or any Official Patrol displaying
a Coast Guard ensign.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners, and marine
information broadcasts.

    Dated: July 24, 2023.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2023-17223 Filed 8-10-23; 8:45 am]
BILLING CODE 9110-04-P


  SEQ CHAPTER \h \r 1 SITE NAME	LIMITATIONS

	Application Timing (for any Reg.# at any rate)

Application Type (for any Reg.# at any rate).

Application Equipment (for any Reg.# at any rate).	Max. Single Appl.

 Rate to a Single

 Site	Form

Code(s)	Max.

Seasonal

Rate 	Max. #

Apps/

cc & yr 	M R I 	R E I 	PHI/PGI/PSI

Use Limitations (May not

apply to all Reg. #s)

AGRICULTURAL UNCULTIVATED AREAS	Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.Do not graze treated areas.

Foliar

Spot treatment /Spray.

Boom sprayer /Hand held sprayer /Handgun. 	.03084 lb 1K sq.ft

1.316 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	AGRICULTURAL/FARM STRUCTURES/BUILDINGS AND EQUIPMENT	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply through any type of irrigation system.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not graze livestock in treated areas.

Do not graze treated areas.

Foliar

Spray.

Ground /Pressure sprayer. 	.01365 lb/1 gal

1.344 lb/100 gal 	SC/L 	NS      	NS

NS 	NS 	NS

	When needed

Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer. 	.0112 lb 1K sq.ft

1.344 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	AIRPORTS/LANDING FIELDS	Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not apply when wind velocity is  10  mph or greater.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.Do not feed or graze animals on treated areas.

Do not graze treated areas.

Foliar

Spot treatment /Spray.

Boom sprayer /Hand held sprayer /Handgun /Power sprayer. 	.03084 lb 1K sq.ft

2.025 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	COMMERCIAL/INDUSTRIAL LAWNS	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not graze treated areas.

Foliar

Spot treatment /Spray.

Boom sprayer /Hand held sprayer /Handgun /Hose-end sprayer /Power sprayer /Pressure sprayer. 	.0336 lb 1K sq.ft

1.344 lb A

	SC/L

	NS

	NS

NS

	42

	NS

Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	COMMERCIAL/INSTITUTIONAL/INDUSTRIAL PREMISES/EQUIP. (INDOOR)	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not graze livestock in treated areas.

Do not graze treated areas.

Foliar

Spot treatment /Spray.

Boom sprayer /Ground /Hand held sprayer /Handgun /Power sprayer /Pressure sprayer. 	.03084 lb 1K sq.ft

2.025 lb A

.01365 lb/1 gal

1.344 lb/100 gal

	SC/L

	NS

	NS

NS

	NS

	NS

Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	When needed

Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer. 	.0112 lb 1K sq.ft

1.344 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	FENCEROWS/HEDGEROWS	Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not apply when wind velocity is  10  mph or greater.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not feed or graze animals on treated areas.

Foliar

Spray.

Power sprayer. 	.5788 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	GOLF COURSE TURF	Do not apply directly to water or wetlands.Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not apply when wind velocity is  10  mph or greater.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not feed or graze animals on treated areas.

Do not graze treated areas.

Foliar

Spot treatment /Spray.

Boom sprayer /Hand held sprayer /Handgun /Hose-end sprayer /Power sprayer /Pressure sprayer. 	.0336 lb 1K sq.ft

1.344 lb A 	SC/L 	NS      	NS

NS 	42 	NS

	Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	HOSPITALS/MEDICAL INSTITUTIONS PREMISES (HUMAN/VETERINARY)	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not graze livestock in treated areas.

Do not graze treated areas.

Foliar

Spot treatment /Spray.

Boom sprayer /Ground /Hand held sprayer /Handgun /Power sprayer /Pressure sprayer. 	.03084 lb 1K sq.ft

2.025 lb A

.01365 lb/1 gal

1.344 lb/100 gal 	SC/L 	NS      	NS

NS 	NS 	NS

	Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	When needed

Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer. 	.0112 lb 1K sq.ft

1.344 lb A

	SC/L

	NS

	NS

NS

	NS

	NS

HOUSEHOLD/DOMESTIC DWELLINGS OUTDOOR PREMISES	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not contaminate water.

Do not graze livestock in treated areas.

Do not graze treated areas.

After mowing

Band treatment.

Sprayer. 	1.003E-05 lb linear ft 	RTU 	NS      	NS

NS 	NS 	NS

	Foliar

Spot treatment /Spray.

Boom sprayer /Ground /Hand held sprayer /Handgun /Power sprayer /Pressure sprayer. 	.03084 lb 1K sq.ft

2.025 lb A

.01365 lb/1 gal

1.344 lb/100 gal 	SC/L 	NS      	NS

NS 	NS 	NS

	When neededBand treatment /Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer /Sprayer. 	.01281 lb 1K linear ft

.0112 lb 1K sq.ft

1.344 lb A

1.037E-06 lb linear ft 	RTU, SC/L

	NS

	NSNS 	NS

	NS

INDUSTRIAL AREAS (OUTDOOR)	Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not apply when wind velocity is  10  mph or greater.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not contaminate water.

Do not feed or graze animals on treated areas.

Do not graze treated areas.

After mowing

Band treatment.

Sprayer. 	1.003E-05 lb linear ft 	RTU 	NS      	NS

NS 	NS 	NS

	Foliar

Spot treatment /Spray.

Boom sprayer /Hand held sprayer /Handgun /Power sprayer. 	.03084 lb 1K sq.ft

2.025 lb A

	SC/L

	NS

	NS

NS

	NS

	NS

When needed

Band treatment.

Sprayer. 	.01281 lb 1K linear ft

1.037E-06 lb linear ft 	RTU 	NS      	NS

NS 	NS 	NS

	NONAGRICULTURAL OUTDOOR BUILDINGS/STRUCTURES	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not contaminate water.

Do not graze livestock in treated areas.

Do not graze treated areas.

After mowing

Band treatment.

Sprayer. 	1.003E-05 lb linear ft 	RTU 	NS      	NS

NS 	NS 	NS

	Foliar

Spot treatment /Spray.

Boom sprayer /Hand held sprayer /Handgun /Power sprayer. 	.03084 lb 1K sq.ft

2.025 lb A

	SC/L

	NS

	NS

NS

	NS

	NS

Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	When needed

Band treatment /Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer /Sprayer. 	.01281 lb 1K linear ft

.0112 lb 1K sq.ft

1.344 lb A

1.037E-06 lb linear ft 	RTU, SC/L 	NS      	NS

NS 	NS 	NS

	NONAGRICULTURAL RIGHTS-OF-WAY/FENCEROWS/HEDGEROWS	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not apply when wind velocity is  10  mph or greater.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not contaminate water.

Do not feed or graze animals on treated areas.

Do not graze livestock in treated areas.

Do not graze treated areas.

After mowing

Band treatment.

Sprayer. 	1.003E-05 lb linear ft 	RTU 	NS      	NS

NS 	NS 	NS

	Foliar

Spot treatment /Spray.

Boom sprayer /Ground /Hand held sprayer /Handgun /Power sprayer /Pressure sprayer. 	.03084 lb 1K sq.ft

2.025 lb A

.01365 lb/1 gal

1.344 lb/100 gal 	SC/L 	NS      	NS

NS 	NS 	NS

	Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	When neededBand treatment /Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer /Sprayer. 	.01281 lb 1K linear ft

.0112 lb 1K sq.ft

1.344 lb A

1.037E-06 lb linear ft 	RTU, SC/L

	NS

	NSNS 	NS

	NS

NONAGRICULTURAL UNCULTIVATED AREAS/SOILS	Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not apply when wind velocity is  10  mph or greater.Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not feed or graze animals on treated areas.

Foliar

Spray.

Power sprayer. 	.5788 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	ORNAMENTAL AND/OR SHADE TREES	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not graze livestock in treated areas.

Do not graze treated areas.

Foliar

Broadcast /Spray.

Hand held sprayer /Power sprayer /Sprayer. 	.033 lb 1K sq.ft

2.025 lb A 	SC/L 	NS      	NS

NS 	NS 	NS 	Geographic allowable: CA

Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	When needed

Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer. 	.0112 lb 1K sq.ft

1.344 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	ORNAMENTAL GROUND COVER	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not graze treated areas.

Foliar

Broadcast /Spray.Ground /Hand held sprayer /Power sprayer /Pressure sprayer /Sprayer. 	.033 lb 1K sq.ft

2.025 lb A.01365 lb/1 gal

1.344 lb/100 gal 	SC/L

	NS

	NS

NS

	NS

	NS

	Geographic allowable: CA

Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	ORNAMENTAL HERBACEOUS PLANTS	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not graze livestock in treated areas.

Do not graze treated areas.

Foliar

Broadcast /Spray.

Hand held sprayer /Power sprayer /Sprayer. 	.033 lb 1K sq.ft

2.025 lb A 	SC/L 	NS      	NS

NS 	NS 	NS 	Geographic allowable: CA

PostemergenceBroadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft1.32 lb A 	SC/L

	NS

	NSNS 	NS

	NS

When needed

Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer. 	.0112 lb 1K sq.ft

1.344 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	ORNAMENTAL LAWNS AND TURF	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not contaminate water.

Do not feed clippings to livestock.

Do not graze treated areas.

After mowing

Band treatment.

Sprayer. 	1.003E-05 lb linear ft 	RTU 	NS      	NS

NS 	NS 	NS

	Foliar

Broadcast /Spot treatment /Spray.

Boom sprayer /Hand held sprayer /Handgun /Hose-end sprayer /Power sprayer /Pressure sprayer /Sprayer. 	.0336 lb 1K sq.ft

1.344 lb A

	SC/L

	NS

	NS

NS

	42

	NS

	Geographic allowable: CA

Postemergence

Broadcast.

Backpack sprayer /Sprayer /Spreader. 	.033 lb 1K sq.ft

1.32 lb A 	G, SC/L 	NS      	NS

NS 	NS 	NS

	When needed

Band treatment.

Sprayer. 	.01281 lb 1K linear ft

1.037E-06 lb linear ft 	RTU 	NS      	NS

NS 	NS 	NS

	ORNAMENTAL NONFLOWERING PLANTS	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not graze livestock in treated areas.Do not graze treated areas.

Foliar

Broadcast /Spray.

Hand held sprayer /Power sprayer /Sprayer. 	.033 lb 1K sq.ft

2.025 lb A 	SC/L 	NS      	NS

NS 	NS 	NS 	Geographic allowable: CA

Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	When needed

Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer. 	.0112 lb 1K sq.ft

1.344 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	ORNAMENTAL WOODY SHRUBS AND VINES	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not graze livestock in treated areas.Do not graze treated areas.

Foliar

Broadcast /Spray.

Hand held sprayer /Power sprayer /Sprayer. 	.033 lb 1K sq.ft

2.025 lb A 	SC/L 	NS      	NS

NS 	NS 	NS 	Geographic allowable: CA

Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	When needed

Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer. 	.0112 lb 1K sq.ft

1.344 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	PATHS/PATIOS	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not contaminate water.

Do not graze livestock in treated areas.Do not graze treated areas.

After mowing

Band treatment.

Sprayer. 	1.003E-05 lb linear ft 	RTU 	NS      	NS

NS 	NS 	NS

	Foliar

Spray.

Ground /Pressure sprayer. 	.01365 lb/1 gal

1.344 lb/100 gal 	SC/L 	NS      	NS

NS 	NS 	NS

	Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	When needed

Band treatment /Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer /Sprayer. 	.01281 lb 1K linear ft

.0112 lb 1K sq.ft

1.344 lb A

1.037E-06 lb linear ft 	RTU, SC/L 	NS      	NS

NS 	NS 	NS

	PAVED AREAS (PRIVATE ROADS/SIDEWALKS)	Do not apply directly to water or wetlands.Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not contaminate water.

Do not graze livestock in treated areas.

Do not graze treated areas.

After mowing

Band treatment.

Sprayer. 	1.003E-05 lb linear ft 	RTU 	NS      	NS

NS 	NS 	NS

	Foliar

Spot treatment /Spray.

Boom sprayer /Hand held sprayer /Handgun /Power sprayer. 	.03084 lb 1K sq.ft

2.025 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	When needed

Band treatment /Spot treatment /Spray.Boom sprayer /Handgun /Hose-end sprayer /Power sprayer /Sprayer. 	.01281 lb 1K linear ft

.0112 lb 1K sq.ft1.344 lb A

1.037E-06 lb linear ft 	RTU, SC/L

	NS

	NS

NS

	NS

	NS

RECREATION AREA LAWNS	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply directly to water.

Do not apply through any type of irrigation system.

Do not apply to any body of water.

Do not apply when drift is likely to occur.

Do not apply when wind velocity is  10  mph or greater.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.

Do not contaminate water, food, or feed by storage or disposal.

Do not feed or graze animals on treated areas.

Do not graze treated areas.

Foliar

Spot treatment /Spray.

Boom sprayer /Hand held sprayer /Handgun /Hose-end sprayer /Power sprayer /Pressure sprayer. 	.0336 lb 1K sq.ft

1.344 lb A 	SC/L 	NS      	NS

NS 	42 	NS

	Postemergence

Broadcast.

Backpack sprayer /Sprayer. 	.033 lb 1K sq.ft

1.32 lb A 	SC/L 	NS      	NS

NS 	NS 	NS

	RESIDENTIAL LAWNS	Do not apply directly to water or wetlands.

Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark.

Do not apply through any type of irrigation system.

Do not apply when drift is likely to occur.

Do not contaminate water by cleaning of equipment or disposal of equipment wash waters.Do not graze treated areas.

Foliar

Spot treatment /Spray.

Boom sprayer /Handgun /Hose-end sprayer /Power sprayer /Pressure sprayer. 	.0336 lb 1K sq.ft

1.344 lb A 	SC/L 	NS      	NS

NS 	42 	NS

HEADER ABBREVIATIONS

Site Name - The site name refers to the entity (crop, building, surface or article) where a pesticide is applied and/or which is being protected.

Limitations - Precautionary statements related to the use of the product(s).

Application Timing - The timing of pesticide application and is the primary application sort (not aggregated).

Application Type - The type of pesticide application (aggregated).

Application Equipment - The equipment used to apply pesticide (aggregated).

Max. Single Appl. Rate to a Single Site - Maximum Dose for a single application to a single site. System calculated.

Form - The physical form of the end use product found in the container.

Max Seasonal Rate - The maximum amount of pesticide that can be applied to a site in one growing season (/cc) and during the span of one year (/yr).

Max. # Apps/cc & yr - Maximum Number of Applications per crop cycle and per year.

M R I - Minimum Retreatment Interval (days) (at any rate). The minimum interval between pesticide application (days).

R E I - ReEntry Interval - The minimum amount of time that must elapse before workers can reenter a treated area.

PHI/PGI/PSI Use Limitations (May not apply to all Reg.#s) - Preharvest/Pregrazing/Preslaughter Interval use limitations pertinent to the application.

Current As Of: - The label data for the listed products in this report is current as of this date.

ABBREVIATIONS

  AN - As needed

  NA - Not Applicable

  NS - Not Specified (on label)

  (L) - The dosage information provided is from the label in terms of product (e.g., ounces, gallons, or pounds of the product) because there was insufficient

            information (e.g., missing density, area, or active ingredient percentages) to provide converted dosage information.  This report provides active

            ingredient percentage in the product for the reported chemical for all unconverted label dosage information if this information is available.  This active

            ingredient percentage information is displayed next to the form code abbreviations (e.g., 80% WP).

  UC  - Unconverted due to lack of data (on label).

APPLICATION RATE

  W       : PPM calculated by weight

  V       : PPM calculated by volume

  U       : Unknown whether PPM is given by weight or by volume

  ~       : The dosage information includes a contribution from one or more (TQ, CL, BR, I) active ingredients.

  cwt     : Hundred Weight

  nnE-xx  : nn times (10 power -xx), for instance,  "1.234E-04" is equivalent to ".0001234"

FORMULATION CODES

G       : Granular

RTU     : Liquid-ready To Use

SC/L    : Soluble Concentrate/liquid

End of Report

For questions and comments, please contact the OPP Usage and Label Use Team through e-mail.

TABLE A3. NON-FOOD/NON-FEED USE PATTERNS SUMMARY FOR Mefluidide, diethanolamine salt (CASE 2370)

Current As Of: 11/28/2006                                                            Printed On: 01/04/2007

 of    NUMPAGES \* arabic \* MERGEFORMAT  25

TABLE A3. NON-FOOD/NON-FEED USE PATTERNS SUMMARY FOR Mefluidide, diethanolamine salt (CASE 2370)

Current As Of: 11/28/2006                                                            Printed On: 01/04/2007

Application rates calculated in terms of Active Ingredient.

 of    NUMPAGES \* arabic \* MERGEFORMAT  25


[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10279-10280]
[FR Doc No: 2022-03800]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0115]

Pipeline Safety: Information Collection Activities, Gas and
Liquid Pipeline Safety Program Performance Progress Report

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the information
collection request abstracted below is being forwarded to the Office of
Management and Budget (OMB) for review and comment. A Federal Register
notice with a 60-day comment period soliciting comments on the
information collection was published on December 15, 2021.

DATES: Interested persons are invited to submit comments on or before
March 25, 2022.

ADDRESSES: The public is invited to submit comments regarding this
information collection request, including suggestions for reducing the
burden, to the Office of Management and Budget, Attention: Desk Officer
for the Office of the Secretary of Transportation, 725 17th Street NW,
Washington, DC 20503. Comments can also be submitted electronically at
www.reginfo.gov/public/do/PRAMain.

FOR FURTHER INFORMATION CONTACT: Angela Hill by email at
[email protected].

SUPPLEMENTARY INFORMATION: Section 1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide interested members of the public
and affected agencies an opportunity to comment on information
collection and recordkeeping requests. In accordance with this
regulation, on December 15, 2021, (86 FR 71317) PHMSA published a
Federal Register notice with a 60-day comment period soliciting
comments on the information collection. PHMSA received no comments in
response to this information collection request. This notice identifies
the information collection request that PHMSA will submit to the OMB
for approval.
    The following information is provided below for the impacted
information collection: (1) Title of the information collection; (2)
OMB control number; (3) Current expiration date; (4) Type of request;
(5) Abstract of the information collection activity; (6) Description of
affected public; (7) Estimate of total annual reporting and
recordkeeping burden; and (8) Frequency of collection.
    PHMSA will request a three-year term of approval for the following
information collection:
    Title: Gas Pipeline Safety Program Performance Progress Report and
Hazardous Liquid Pipeline Safety Program Performance Progress Report.
    OMB Control Number: 2137-0584.
    Current Expiration Date: 03/31/2022.
    Abstract: Section 60105 of 49 U.S.C. sets forth specific
requirements a state must meet to qualify for certification status to
assume regulatory and enforcement responsibility for intrastate

pipelines. A state must submit an annual performance progress report to
validate responsibility for regulating intrastate pipelines, and states
who receive federal grant funding must also show the state has adequate
damage prevention plans and associated records in place.
    PHMSA uses this information to evaluate a state's eligibility for
federal grants and to enforce regulatory compliance. This information
collection request requires a participating state to annually submit a
Gas Pipeline Safety Program Performance Progress Reports and/or a
Hazardous Liquid Pipeline Safety Program Performance Progress Report to
PHMSA's Office of Pipeline Safety showing compliance with the terms of
the certification and to maintain records detailing a damage prevention
plan. The purpose of the collection is to exercise oversight of the
grant program and to ensure that states are compliant with federal
pipeline safety regulations.
    PHMSA intends to request renewal of this information collection and
to make minor, editorial changes to instructions and definitions
sections of Gas Pipeline Safety Program Performance Progress Report and
a Hazardous Liquid Pipeline Safety Program Performance Progress Report
in order to update and clarify how participating state agencies should
report the required information.
    Affected Public: State and local governments.
    Annual Reporting and Recordkeeping Burden:
    Total Annual Responses: 117.
    Total Annual Burden Hours: 4,473.
    Frequency of Collection: Annually.
    Comments to Office of Management and Budget are invited on:
    (a) The need for the proposed information, including whether the
information will have practical utility in helping the agency to
achieve its pipeline safety goals;
    (b) The accuracy of the agency's estimate of the burden of the
proposed collection;
    (c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
    (d) Ways to minimize the burden on those who are to respond,
including the use of appropriate automated, electronic, mechanical, or
other technological collection techniques.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC, on February 17, 2022, under authority
delegated in 49 CFR 1.97.
John A. Gale,
Director, Standards and Rulemaking Division.
[FR Doc. 2022-03800 Filed 2-22-22; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Notices]
[Pages 49825-49826]
[FR Doc No: 2014-19914]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72860; File No. SR-DTC-2013-11]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Withdrawal of Proposed Rule Change, as Modified by Amendment
Nos. 1 and 2, To Specify Procedures Available to Issuers of Securities
Deposited at DTC for Book Entry Services When DTC Imposes or Intends To
Impose Restrictions on the Further Deposit and/or Book Entry Transfer
of Those Securities

August 18, 2014.
    On December 5, 2013, The Depository Trust Company (``DTC'') filed
with the Securities and Exchange Commission (``Commission'') proposed
rule change SR-DTC-2013-11 (``Proposed Rules'') pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Exchange Act'') \1\
and Rule 19b-4 thereunder.\2\ The Proposed Rules were published in the
Federal Register on December 24, 2013.\3\ The Commission received ten
comments from eight commenters to the Proposed Rules \4\ and two
letters from DTC responding to those comments.\5\ On February 6, 2014,
DTC extended the date for Commission action on the Proposed Rules to
March 24, 2014. On February 10, 2014, DTC filed Amendment No. 1 to the
Proposed

Rules. On March 10, 2014, DTC Filed Amendment No. 2 to the Proposed
Rules. On March 19, 2014, the Commission published Amendment Nos. 1 and
2 for comment and instituted proceedings to determine whether to
approve or disapprove the Proposed Rules, as modified by Amendment Nos.
1 and 2.\6\ During the course of these proceedings, the Commission
received eight additional comment letters from seven commenters \7\ and
two letters in response from DTC.\8\ On June 13, 2014, the Commission
extended the deadline for Commission action on the Order Instituting
Proceedings to August 21, 2014.\9\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Release No. 34-71132 (Dec. 18, 2013); 78 FR 77755 (Dec.
24, 2013).
    \4\ See Letters to Elizabeth M. Murphy, Secretary, Commission,
from: Suzanne H. Shatto dated December 20, 2013 (``Shatto Letter I
''); Simon Kogan dated December 22, 2013 (``Kogan Letter''); DTCC
BigBake dated December 27, 2013 (``DTCC BigBake Letter I'') and
March 14, 2014 (``DTCC BigBake Letter II''); Brenda Hamilton,
Hamilton & Associates Law Group, PA (``Hamilton Letter''); Charles
V. Rossi, Chairman, STA Board Advisory Committee, Securities
Transfer Association dated January 14, 2014 (``STA Letter I'');
Louis A. Brilleman, Louis A. Brilleman, P.C. dated January 14, 2014
(``Brilleman Letter I''); Gary Emmanuel and Harvey Kesner, Sichenzia
Ross Friedman Ference LLP dated January 14, 2014 (``Sichenzia Letter
I'') and February 24, 2014 (``Sichenzia Letter II''); and Susanne
Trimbath, STP Advisory Services, LLC dated March 19, 2014
(``Trimbath Letter'').
    \5\ See Letters to Elizabeth M. Murphy, Secretary, Commission,
from Isaac Montal, Managing Director and Deputy General Counsel,
DTCC dated February 10, 2014 (``DTC Letter I'') and March 3, 2014
(``DTC Letter II'').
    \6\ See Release No. 34-71745 (March 19, 2014); 79 FR 16392
(March 25, 2014).
    \7\ See Letters to Elizabeth M. Murphy, Secretary, Commission
from: Louis A. Brilleman, Louis A. Brilleman, P.C. dated April 10,
2014 (``Brilleman Letter II''); Charles V. Rossi, Chairman, STA
Board Advisory Committee, Securities Transfer Association dated
April 15, 2014 (``STA Letter II''); Daniel Zwiren, President and
CEO, Edward Petraglia, General Counsel, Optigenex Inc. dated May 5,
2014 (``Optigenex Letter I''); and Suzanne H. Shatto dated May 9,
2014 (Shatto Letter II''). See Letter to Elizabeth M. Murphy,
Secretary, Commission and Lisa D. Levey, Secretary, the Depository
Trust Company from Daniel Zwiren, President and CEO, Edward
Petraglia, General Counsel, Optigenex Inc. dated April 15, 2014
(``Optigenex Letter II''). See Letters to Kevin M. O'Neill, Deputy
Secretary, Commission from Gary Emmanuel and Harvey Kesner,
Sichenzia Ross Friedman Ference LLP dated April 29, 2014
(``Sichenzia Letter III''); William Ferguson, Carlton Huxley Ltd.
dated June 27, 2014 (``Carlton Letter''); and Jan Harris dated July
1, 2014 (``Harris Letter'').
    \8\ See Letters to Elizabeth M. Murphy, Secretary, Commission,
from Isaac Montal, Managing Director and Deputy General Counsel,
DTCC dated April 29, 2014 (``DTC Letter III'') and May 6, 2014
(``DTC Letter IV'').
    \9\ See Release No. 34-72391 (June 13, 2014); 79 FR 35193 (June
19, 2014).
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    On August 15, 2014, DTC withdrew the Proposed Rules, as amended by
Amendment Nos. 1 and 2 (SR-DTC-2013-11).
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    \10\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-19914 Filed 8-21-14; 8:45 am]
BILLING CODE 8011-01-P