[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Notices]
[Page 63853]
[FR Doc No: 2016-22138]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment for Land Exchange at New
Bedford Airport in New Bedford, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comments.

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SUMMARY: Under the provisions of Title 49, U.S.C. 47153(d), notice is
being given that the FAA is considering a request from New Bedford
Airport in New Bedford, MA, to exchange .65 acres of airport land for
1.14 acres of land owned by the Tifereth Israel Congregation in order
to construct the Runway Safety Area and provide for a maintenance/
emergency road for Runway 14-32 at New Bedford Airport in New Bedford,
MA.
    The .65 acres of airport land being exchanged by the airport is not
required for current of future aviation use. The land is remote, non-
contiguous to the airport land and is primarily wooded. The two parcels
that will be acquired from Tifereth Israel Congregation will be used to
meet FAA design requirements for the Runway 14 Runway Safety Area and
provide a maintenance/emergency access road for this runway end.

DATES: Comments must be received on or before October 17, 2016.

ADDRESSES: You may send comments using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, and follow the instructions on providing comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Interested persons may inspect the request and supporting documents
by contacting the FAA at the address listed under FOR FURTHER
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Mr. Jorge E. Panteli, Compliance and
Land Use Specialist, Federal Aviation Administration New England Region
Airports Division, 1200 District Avenue, Burlington, Massachusetts,
Telephone<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on September 6, 2016.
Mary T. Walsh,
Manager, Airports Division.
[FR Doc. 2016-22138 Filed 9-15-16; 8:45 am]
 BILLING CODE P


[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80361-80362]
[FR Doc No: 2023-25385]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98917; File No. SR-MIAX-2023-36]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Order Approving a Proposed Rule Change To Amend Exchange
Rule 404, Series of Option Contracts Open for Trading

November 13, 2023.

I. Introduction

    On September 14, 2023, Miami International Securities Exchange LLC
(``MIAX'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend Exchange Rule 404,
Series of Option Contracts Open for Trading. The proposed rule change
was published for comment in the Federal Register on October 2,
2023.\3\ This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 98534 (September 26,
2023), 88 FR 67830 (``Notice''). The Commission received no comment
letters on the proposed rule change.
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II. Description of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rule 404, Series of Option
Contracts Open for Trading, to adopt Interpretations and Policies .12
to Exchange Rule 404 to implement a strike interval program for stocks
that are priced less than $2.50 and have an average daily trading
volume of at least 1,000,000 shares per day for the three preceding
calendar months (the ``Low Priced Stock Strike Price Interval
Program''). The Exchange also proposes to amend the table in Exchange
Rule 404, Interpretations and Policies .11 to harmonize that table to
the proposed rule change.
    The Exchange proposes to adopt the Low Priced Stock Strike Price
Interval Program for underlying stocks that are not in the $0.50 Strike
Program \4\ (or the Short Term Option Series Program) \5\ and that
close below $2.50 and have an average daily trading volume of at least
1,000,000 shares per day for the three preceding calendar months. To be
eligible for the inclusion in the proposed Low Priced Stock Strike
Price Interval Program, an underlying stock must (i) close below $2.50
in its primary market on the previous trading day and (ii) have an
average daily trading volume of at least 1,000,000 shares per day for
the three (3) preceding calendar months.\6\ For stocks added to the Low
Priced Stock Strike Price Interval Program, if the underlying stock
closes at or above $2.50 in its primary market no additional series in
$0.50 intervals may be listed, and additional series in $0.50 intervals
may not be added until the underlying stock again closes below
$2.50.\7\
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    \4\ See Interpretations and Policies .04 of Exchange Rule 404.
Exchange Rule 404 includes several different strike interval
programs, including the $0.50 Strike Program, the $1 Strike Price
Interval Program, and the $2.50 Strike Price Program. See
Interpretations and Policies .04 of Exchange Rule 404,
Interpretations and Policies .01 of Exchange Rule 404, and Exchange
Rule 404(f).
    \5\ See Interpretations and Policies .02 of Exchange Rule 404.
    \6\ The Exchange notes this is the same methodology used in the
$1 Strike Price Interval Program. See Interpretations and Policies
.01(c)(3) of Exchange Rule 404. For the purpose of adding strikes
under the Low Priced Stock Strike Price Interval Program, the
``price of the underlying stock'' shall be measured in the same way
as ``the price of the underlying security'' as set forth in Exchange
Rule 404A(b)(1).
    \7\ See Notice, supra note 3, at 67831.
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    After a stock is added to the Low Priced Stock Strike Price
Interval Program, the Exchange proposes that it may list $0.50 strike
price intervals from $0.50 up to $2.00.\8\ The Exchange represents that
there will be no limit to the number of classes eligible for inclusion
in the proposed program, so long as the underlying stock satisfies both
the price and average daily trading volume requirements.\9\
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    \8\ While the Exchange may list new strikes on underlying stocks
that meet the eligibility requirements of the new program, the
Exchange states that it will exercise its discretion and will not
list strikes on underlying stocks the Exchange believes are subject
to imminent delisting from their primary exchange. See Notice, supra
note 3, at 67831 n.12.
    \9\ See Notice, supra note 3, at 67831.
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    Additionally, the Exchange proposes to amend the table in Exchange
Rule 404, Interpretations and Policies .11 to insert a column to
harmonize the Exchange's proposal to the strike intervals for Short
Term Options Series as described in Interpretations and Policies .02 of
Exchange Rule 404. The table in Interpretations and Policies .11 is
intended to limit the intervals between strikes for multiply listed
equity options within the Short Term

Options Series program that have an expiration date more than twenty-
one days from the listing date. Specifically, the table defines the
applicable strike intervals for options on underlying stocks given the
closing price on the primary market on the last day of the calendar
quarter, and a corresponding average daily volume of the total number
of options contracts traded in a given security for the applicable
calendar quarter divided by the number of trading days in the
applicable calendar quarter.\10\ However, the lowest share price column
is titled ``Less than $25.'' The Exchange proposes to insert a column
entitled ``Less than $2.50'' and to set the strike interval at $0.50
for each average daily volume tier represented in the table. Also, the
Exchange proposes to amend the heading of the column currently titled
``Less than $25'' to ``$2.50 to less than $25'' as a result of the new
column entitled, ``Less than $2.50.'' \11\
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    \10\ See Securities Exchange Release Act No. 91125 (February 21,
2021), 86 FR 10375 (February 19, 2021) (SR-BX-2020-032) (Order
Granting Accelerated Approval of a Proposed Rule Change, as Modified
by Amendment No. 1, To Amend Options 4, Section 5, To Limit Short
Term Options Series Intervals Between Strikes That Are Available for
Quoting and Trading on BX).
    \11\ See Notice, supra note 3, at 67831.
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III. Discussion and Commission Findings

    The Commission finds that the proposed rule change is consistent
with the Act and the rules and regulations thereunder applicable to a
national securities exchange.\12\ In particular, the Commission finds
that the proposed rule change is consistent with Section 6(b)(5) of the
Act,\13\ which requires, among other things, that the Exchange's rules
be designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
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    \12\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \13\ 15 U.S.C. 78f(b)(5).
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    The Exchange recognizes that its proposal will increase the total
number of option series available on the Exchange; however, it believes
this is appropriate to address a gap in strike coverage for low priced
stocks, and the Exchange represents that it will only add strikes where
there is investor demand and adequate liquidity.\14\ The Exchange
represents that as of August 9, 2023, 106 symbols met the criteria for
inclusion in the proposed program.\15\ Of those symbols, 36 are
currently in the $1 Strike Price Interval Program with $1.00 and $2.00
strikes listed.\16\ If MIAX adds $0.50 and $1.50 strikes for these
symbols for the current expiration terms, and $0.50, $1.00, $1.50 and
$2.00 strikes to current expiration terms for the remaining 70 symbols
eligible under the proposal, a total of approximately 3,250 options
would be added, which represents an increase of only 0.294% in the
number of options listed on the Exchange.\17\
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    \14\ See Notice, supra note 3, at 67831-32.
    \15\ See Notice, supra note 3, at 67832.
    \16\ See id.
    \17\ See id.
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    In support of its proposal, the Exchange provided examples of
symbols that would qualify for the new program but are not currently in
pre-existing strike price interval programs. For example, the Exchange
states that on August 9, 2023, symbol SOND closed at $0.50 and had open
interest of over 44,000 contracts and an average daily trading volume
in the underlying stock of over 1,900,000 shares for the three
preceding calendar months.\18\ In the absence of the Low Priced Stock
Strike Price Interval Program, the lowest strike listed for the symbol
is for $2.50, making the lowest strike 400% away from the closing stock
price. Similarly, according to the Exchange, symbol CTXR, which closed
at $0.92 on August 9, 2023 and had open interest of over 63,000
contracts and an average daily trading volume in the underlying stock
of over 1,900,000 shares for the three preceding calendar months, had a
lowest strike listed at $2.50 which is more than 170% away from the
closing stock price.\19\
---------------------------------------------------------------------------

    \18\ See id.
    \19\ See id.
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    The Exchange states that for these and similar symbols that
presently have no at-the-money options, as well as no in-the-money
calls or out-of-the-money puts, the Low Priced Stock Strike Price
Interval Program will provide for more effective and tailored trading
and hedging opportunities for this subset of stocks.\20\
---------------------------------------------------------------------------

    \20\ See id.
---------------------------------------------------------------------------

    The Exchange believes that the proposed average daily trading
volume requirement of 1,000,000 shares is a reasonable threshold to
ensure adequate liquidity in eligible underlying stocks.\21\
---------------------------------------------------------------------------

    \21\ See Notice, supra note 3, at 67833.
---------------------------------------------------------------------------

    The Exchange represents that it has the necessary capacity and
surveillance programs in place to support and properly monitor trading
in the proposed Low Priced Stock Strike Price Interval Program; it
believes that the Options Price Reporting Authority (``OPRA'') has the
necessary systems capacity to handle any additional messaging traffic
associated with this proposed rule change; and that Members will not
have capacity issues as a result of the proposed rule change.
    Finally, the Exchange believes the change proposed to the table in
Interpretations and Policies .11 to Exchange Rule 404 will remove any
potential conflict between the strike intervals under the Short Term
Options Series Program and those described under the proposed Low
Priced Stock Strike Price Interval Program. The Commission believes
that this change would add clarity to the Exchange rulebook and help
avoid investor confusion.
    The Commission believes that the proposal to add the Low Priced
Stock Strike Price Interval Program to Exchange Rule 404, and the
corresponding changes to the table in Exchange Rule 404,
Interpretations and Policies .11, strikes a reasonable balance between
the Exchange's desire to offer a wider array of products with the need
to avoid unnecessary proliferation of options series and the
corresponding increase in quotes. The proposal adds a limited range of
more granular strike intervals where they are more relevant and likely
more in demand from customers, but only for those lower priced
underlying stocks where there is adequate liquidity. In addition, the
Commission believes that the proposed rule change is reasonably
designed to effectuate the Exchange's goals of increasing liquidity,
providing more tailored and effective trading and hedging opportunities
for market participants, and improving market quality. Accordingly, the
Commission finds that the proposed rule change is consistent with
Section 6(b)(5) of the Act \22\ and the rules and regulations
thereunder applicable to a national securities exchange.
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    \22\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\23\ that the proposed rule change (SR-MIAX-2023-36), be and hereby
is, approved.
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    \23\ 15 U.S.C. 78f(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-25385 Filed 11-16-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 28, 2006 (Volume 71, Number 124)]
[Notices]
[Page 36834-36840]
[DOCID:fr28jn06-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-27416; File No. 812-13180]

Cohen & Steers VIF Realty Fund, Inc. et al.; Notice of
Application

June 22, 2006.
AGENCY: Securities and Exchange Commission (``SEC'' or the
``Commission'').

ACTION: Notice of Application for Exemption pursuant to Section 6(c) of
the Investment Company Act of 1940, as amended (the ``1940 Act''), for
an exemption from the provisions of Sections 9(a), 13(a), 15(a) and
15(b) of the Act and Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder.

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Applicants: Cohen & Steers VIF Realty Fund, Inc. (the ``Fund'') and
Cohen & Steers Capital Management, Inc. (the ``Investment Adviser'')
(collectively the ``Applicants'').

Summary of Application: Applicants request an order pursuant to Section
6(c) of the 1940 Act exempting certain life insurance companies and
their separate accounts that currently invest in or may hereafter
invest in the Fund from the provisions of Sections 9(a), 13(a), 15(a)
and 15(b) of the Act and Rules 6e-2(b)(15) and 6e-3(T)(b)(15)
thereunder, to the extent necessary to permit shares of the Fund (the
``Shares''), and shares of any existing or future investment company
that is designed to fund insurance products and for which the
Investment Adviser or any of its affiliates, may serve as investment
adviser, investment manager, subadviser, administrator, principal
underwriter or sponsor (collectively the ``Insurance Funds'') to be
sold to and held by: (a) Separate accounts funding variable annuity
contracts and variable life insurance policies (collectively ``Variable
Contracts'') issued by both affiliated life insurance companies and
unaffiliated life insurance companies; (b) trustees of qualified group
pension and group retirement plans outside of the separate account
context, (``Qualified Plans''); (c) separate accounts that are not
registered as investment companies under the 1940 Act pursuant to
exemptions from registration under Section 3(c) of the 1940 Act; (d)
the Investment Adviser or any successor in interest to the Investment
Adviser (``Adviser'') for the purpose of providing seed capital to an
Insurance Fund; and (e) any other account of a Participating Insurance
Company permitted to hold shares of an Insurance Fund (``General
Accounts'').

Filing Date: The Application was filed on March 28, 2005 and amended
and restated on October 3, 2005 and June 16, 2006.

Hearing or Notification of Hearing: If no hearing is ordered, the
requested exemption will be granted. Any interested person may request
a hearing on this Application, or ask to be notified if a hearing is
ordered. Any requests must be received by the Commission by 5:30 p.m.
on July 19, 2006. Request a hearing in writing, giving the nature of
your interest, the reason for the request, and the issues you contest.
Serve the Applicants with the request, either personally or by mail,
and also send it to the Secretary of the Commission, along with proof
of service by affidavit, or in the case of any attorney-at-law by
certificate. Request notification of the date of a hearing by writing
to the Secretary of the Commission.

ADDRESSES: The Commission: Secretary, Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-1090; Applicants:
C/O Lawrence B. Stoller, Esq., 280 Park Avenue, New York, NY 10017.

FOR FURTHER INFORMATION CONTACT: Rebecca A. Marquigny, Senior Counsel,
or Joyce M. Pickholz, Branch Chief, Office of Insurance Products,
Division of Investment Management, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following is a summary of the
Application. The complete Application is available for a fee from the
Commission's Public Reference Branch, SEC's Public Reference Branch,
100 F Street, NE., Room 1580, Washington, DC 20549 (telephone (202)
551-8090).

Applicant's Representations

    1. Each Insurance Funds is, or will be, registered under the 1940
Act as an open-end management investment company. The Fund (1940 Act
Registration No. 811-21669) was incorporated under Maryland law on
November 10, 2004 and is registered under the 1940 Act as a non-
diversified management investment company. The Fund's registration
statement became effective on January 27, 2005. The Fund's Shares are
not sold to the general public, but are currently offered to separate
accounts funding variable annuity contracts issued by Merrill Lynch
Life Insurance Company, ML Life Insurance Company of New York and
affiliated entities.
    2. The Investment Adviser was organized in 1986, under the laws of
the State of New York, and registered with the Commission under the
Investment Advisers Act of 1940. The Investment

Adviser is a wholly owned subsidiary of Cohen & Steers, Inc., a
publicly traded company whose common stock is listed on the New York
Stock Exchange under the symbol ``CNS.''
    3. Applicants represent that the Fund intends to, and other
Insurance Funds may in the future, offer Shares to separate accounts of
affiliated and unaffiliated insurance companies in order to fund
various types of insurance products. Applicants represent that these
products may include, but are not limited to, variable annuity
contracts, scheduled premium variable life insurance policies, single
premium variable life insurance policies and flexible premium variable
life insurance polices. Applicants further represent that these
separate accounts are, or will be, registered as investment companies
under the 1940 Act or will be exempt from such registration
(individually a ``Separate Account'' and collectively the ``Separate
Accounts''). Insurance companies whose Separate Account(s) may now or
in the future own Shares are referred to herein as ``Participating
Insurance Companies.''
    4. Applicants represent that the Participating Insurance Companies
have established, or will establish, their own Separate Accounts and
design their own Variable Contracts. Each Participating Insurance
Company has, or will have, the legal obligation to satisfy all
applicable requirements under both state and federal law. Each
Participating Insurance Company may rely on Rule 6e-2 or Rule 6e-3(T)
under the 1940 Act, although in connection with the establishment and
maintenance of Separate Accounts funding variable life insurance
polices some Participating Insurance Companies may rely on individual
exemptive orders as well.
    5. Applicants state that each Participating Insurance Company on
behalf of its Separate Accounts has entered, or will enter, into a
participating agreement with each Insurance Fund in which it invests
which will govern participation by the Participating Insurance Company
in such Insurance Fund (a ``Participating Agreement''). The role of the
Insurance Fund under this arrangement, insofar as federal securities
laws are applicable, will consist of offering Shares to the Separate
Accounts and fulfilling any conditions that the Commission may impose
upon granting the order requesting herein.
    6. Applicants propose that the Insurance Funds also be permitted to
offer and/or sell Shares to Qualified Plans administered by a Trustee.
Section 817(h) of the Internal Revenue Code of 1986, as amended (the
``Code''), imposes certain diversification standards on the underlying
assets of Separate Accounts funding Variable Contracts. In particular,
the Code provides that Variable Contracts shall not be treated as an
annuity contract or life insurance policy for any period (and any
subsequent period) for which the underlying assets are not, in
accordance with regulations prescribed by the Treasury Department,
adequately diversified. On March 2, 1989, the Treasury Department
issued regulations (individually a ``Treasury Regulation'' and
collectively the ``Treasury Regulations''), specifically Treasury
Regulation Section 1.817-5, that established diversification
requirements for Variable Contracts, which require the Separate
Accounts upon which these contracts or policies are based to be
diversified as provided in the Treasury Regulations. In the case of
Separate Accounts that invest in underlying investment companies, the
Treasury Regulations provide a ``look through'' rule that permits the
Separate Account to look to the underlying investment company for
purposes of meeting the diversification requirements, provided that the
beneficial interests in the investment company are held only by the
segregated asset accounts of one or more insurance companies. However,
the Treasury Regulations also contain certain exceptions to this
requirement, one of which allows shares in an investment company to be
held by the trustee of a qualified pension or retirement plan without
adversely affecting the ability of shares in the same investment
company to also be held by Separate Accounts funding Variable Contracts
(Treas. Reg. Section 1.817-5(f)(3)(iii)). Another exception allows the
investment manager of the investment company and certain companies
related to the investment manager to hold shares of the investment
company, an exception that is often used to provide the capital
required by Section 14(a) of the 1940 Act.
    7. Qualified Plans may choose the Shares offered as the sole
investment under the Qualified Plan or as one of several investments.
Qualified Plan participants may or may not be given an investment
choice depending on the terms of the Qualified Plan itself. Exercise of
voting rights by participants in any such Qualified Plans as opposed to
the trustees of such Qualified Plans, as opposed to the trustees of
such Qualified Plans, cannot be mandated by the Applicants. Each
Qualified Plan must be administered in accordance with the terms of the
Qualified Plan and as determined by its trustee or trustees. To the
extent permitted under applicable law, an Adviser or an affiliated
person of the Adviser may act as investment adviser or trustee to
Qualified Plans that purchase Shares.
    8. Applicants propose that the Insurance Funds also be permitted to
offer and/or sell Shares to an Adviser. The Treasury Regulations permit
such sales as long as the return on Shares held by the Adviser is
computed in he same manner as for Shares held by the Separate Accounts,
and the Adviser does not intend to sell the shares to the Public. The
Treasury Regulations impose an additional restriction on sales to an
Adviser, who may hold Shares only in connection with the creation of an
Insurance Fund. Applicants anticipate that sales will be made to an
Adviser for the purpose of providing necessary capital required by
Section 14(a) of the 1940 Act. Any Shares purchased by an Adviser will
automatically be redeemed if and when the Adviser's investment advisory
agreement terminates.
    9. Applicants proposed that the Insurance Funds also be permitted
to offer and/or sell Shares to General Accounts. The Treasury
Regulations permit sales to General Accounts as long as the return on
Shares held by General Accounts is computed in the same manner as for
Shares held by a Separate Account, and the General Accounts do not
intend to sell the Shares to the Public. Applicants anticipate that
sales may be made to General Accounts for purposes of creation of the
Insurance Funds.

Applicant's Legal Analysis

    1. In connection with the funding of scheduled premium variable
life insurance policies issued through a Separate Account registered as
a unit investment trust (``UIT'') under the 1940 Act, Rule 6e-2(B)(15)
provides partial exemptions from Sections 9(a), 13(a), 15(a), and 15(b)
of the 1940 act. Section (a)(2) of the 1940 Act makes it unlawful for
any company to serve as an investment adviser or principal underwriter
of any UIT, if an affiliated person of that company is subject to
disqualification enumerated in Section 9(a)(1) or (2) of the 1940 Act.
Sections 13(a), 15(a) and 15(b) of the 1940 Act has been deemed by the
Commission to require ``pass-thorugh'' voting with respect to an
underlying investment company's shares. Rule 6e-2(b)(15) provides these
exemptions apply only where all of the assets of the UIT are shares of
management investment companies ``which offer their shares

exclusively to variable life insurance separate accounts of the life
insurer or of any affiliated life insurance company.'' Therefore, the
relief granted by Rule 6e-2(b)(15) is not available with respect to a
scheduled premium life insurance Separate Account that owns shares of
an underlying fund that also offers its shares to a variable annuity
Separate Account or a flexible premium variable annuity Separate
Account or a flexible premium variable life insurance Separate Account
of the same company or any other affiliated company. The use of a
common management investment company as the underlying investment
vehicle for both variable annuity and variable life insurance Separate
Accounts of the same life insurance company or of any affiliated life
insurance company is referred to herein as ``mixed funding.''
    2. The relief granted by rule 6e-2(b)(15) also is not available
with respect to a scheduled premium variable life insurance Separate
Accounts that owns shares of an underlying fund that also offers its
shares to Separate Accounts funding Variable Contracts issued by one or
more unaffiliated life insurance companies. The use of a common
management investment company as the underlying investment vehicle for
Separate Accounts funding Variable Contracts issued by one or more
unaffiliated life insurance companies is referred to herein as ``shared
funding.''
    3. Moreover, because the relief under Rule 6e-2(b)(15) is available
only where shares are offered exclusively to variable life insurance
Separate Accounts of a life insurer or any affiliated life insurance
company, additional exemptive relief is necessary if the Shares are
also to be sold to Qualified Plans, an Adviser and General Accounts
(collectively, ``Eligible Purchasers''). Applicants note that if the
Shares were sole only to Separate Accounts funding variable annunity
contracts and/or Eligible Purchasers, exemptive relief under Rule 6e-
2(b)(15) would not be necessary. The relief provided for under this
section does not relate to Eligible Purchasers or to a registered
investment company's ability to sell its shares to Eligible Purchasers.
The use of a common management investment company as the underlying
investment vehicle for Separate Accounts funding Variable Contracts
issued by affiliated and unaffiliated insurance companies, and for
Eligible Purchasers, is referred to herein as ``extended mixed and
shared funding.''
    4. In connection with flexible premium variable life insurance
contracts issued through a Separate Account registered under the 1940
Act as a UIT, Rule 6e-3(T)(b)(15) provides partial exemptions from
Sections 9(a), 13(a), 15(a) and 15(b ) of the 1940 Act. The exemptions
granted by Rule 6e-3(T)(b)(15) are available only where all the assets
of the Separate Account consist of the shares of one or more registered
management investment companies that offer to sell their shares
``exclusively to separate accounts of the life insurer, or of any
affiliated life insurance companies, offering either scheduled
contracts or flexible contracts, or both; or which also offer their
shares to variable annuity separate accounts of the life insurer or of
an affiliated life insurance company or which offer their shares to any
such life insurance company in consideration solely for advances made
by the life insurer in connection with the operation of the separate
account.'' Therefore, Rule 6e-3(T)(b)(15) permits mixed funding but
does not permit shared funding.
    5. Moreover, because the relief under Rule 6e-3(T)(b)(15) is
available only where Shares are offered exclusively to Separate
Accounts funding Variable Contracts issued by a life insurer or any
affiliated life insurance company, additional exemptive relief is
necessary if the Shares are also to be sold to Eligible Purchasers, as
described above. Applicants noted that if the Shares were sold only to
Separate Accounts funding variable annuity contracts and/or Eligible
Purchasers, exemptive relief under Rule 6e-3(T)(b)(15) would not be
necessary. The relief provided for under this section does not relate
to Eligible Purchasers or to a registered investment company's ability
to sell its shares to Eligible Purchasers.
    6. Applicants maintain, as discussed below, that there is no policy
reason for the sale of the Shares to Eligible Purchasers to result in a
prohibition against, or otherwise limit a Participating Insurance
Company from relying on the relief provided by Rules 6e-3(T)(b)(15) and
6e-3(T)(b)(15). However, because the relief under Rules 6e-2(b)(15) and
6e-3(T)(b)(15) is available only when shares are offered exclusively to
certain Separate Accounts, additional exemptive relief may be necessary
if the Shares are also to be sold to Eligible Purchasers. Applicants
therefore request relief in order to have the Participating Insurance
Companies enjoy the benefits of the relief granted in Rules 6e-2(b)(15)
and 6e-3(T)(b)(15) even where Eligible Purchasers are investing in the
relevant Insurance Fund. Applicants note that if the Shares were to be
sold only to Eligible Purchasers, and/or Separate Accounts funding
variable annuity contracts, exemptive relief under Rules 6e-2(b)(15)
and 6e-3(T)(b)(15) would be unnecessary. The relief provided for under
Rules 6e-2(b)(15) and 6e-3(T)(b)(15) does not relate to Eligible
Purchasers, or to a registered investment company's ability to sell its
shares to Eligible Purchasers.
    7. Consistent with the Commission's authority under Section 6(c) of
the 1940 Act to grant exemptive orders to a class or classes of persons
and transactions, this Application requests relief for the class
consisting of Participating Insurance Companies and their Separate
Accounts (and to the extent necessary, investment advisers, principal
underwriters and depositors of such Separate Accounts).
    8. In effect, the partial relief granted in Rules 6e-2(b)(15) and
6e-3(T)(b)(15) under the 1940 Act from the requirements of Section 9 of
the 1940 Act limits the amount of monitoring necessary to ensure
compliance with Section 9 to that which is appropriate in light of the
policy and purposes of Section 9. Those rules recognize that it is not
necessary for the protection of investors or the purposes fairly
intended by the policy and provisions of the 1940 Act to apply the
provisions of Section 9(a) to individuals in a large insurance complex,
most of whom will have no involvement in matters pertaining to
investment companies in that organization. Applicants assert that it is
also unnecessary to apply Section 9(a) of the 1940 Act to the many
individuals in various unaffiliated insurance companies (or affiliated
companies of Participating Insurance Companies) that may utilize the
Insurance Funds as investment vehicles for Variable Contracts.
Applicants argue that there is no regulatory purpose in extending the
monitoring requirements to embrace a full application of section 9(a)'s
eligibility restrictions because of mixed funding or shared funding and
sales to Qualified Plans, an Adviser or General Accounts. Applicants
represent that the Participating Insurance Companies and Qualified
Plans are not expected to play any role in the management of the
Insurance Funds. Applicants further represent that those individuals
who participate in the management of the Insurance Funds will remain
the same regardless of which Separate Accounts or Qualified Plans
invest in the Insurance Funds. Applicants argue that applying the
monitoring requirements of Section 9(a) of the 1940 Act because of
investment by Separate Accounts of Participating Insurance Companies or
Qualified Plans would be unjustified, would not serve any regulatory
purpose

and could reduce the net rates of return realized by contract owners
and Qualified Plan holders due to the increased monitoring costs.
    9. Rules 6e-2(b)(15)(iii) and 6e-3(T)(b)(15)(iii) under the 1940
Act provide exemptions from pass-through voting requirements with
respect to several significant matters, assuming the limitations on
mixed and shared funding are observed. Rules 6e-2(b)(15)(iii)(A) and
6e-3(T)(b)(15)(iii)(A) provide that the insurance company may disregard
the voting instructions of its contract owners with respect to the
investments of an underlying fund, or any contract between such a fund
and its investment adviser, when required to so by an insurance
regulatory authority (subject to the provisions of Rules 6e-2(b)(5)(i),
6e-2(b)(7)(ii)(A), 6e-3(T)(b)(5)(i) and 6e-3(T)(b)(7)(ii)(A) under the
1940 Act). Rules 6e-2(b)(15)(iii)(B) and 6e-3(T)(b)(15)(iii)(A)(2)
provide that an insurance company may disregard the voting instructions
of its contract owners if the contract owners initiate any change in an
underlying fund's investment policies, principal underwriter or any
investment adviser (provided that disregarding such voting instructions
is reasonable and subject to the other provisions of Rules 6e-
2(b)(5)(ii), 6e-2(b)(7)(ii)(B), 6e-2(b)(7)(ii)(C), 6e-3(T)(b)(5)(ii),
6e-3(T)(b)(7)(ii)(B), and 6e-3(T)(b)(7)(ii)(C) under the 1940 Act).
    10. Rule 6e-2 under the 1940 Act recognizes that a variable
insurance contract, as an insurance contract, has important elements
unique to insurance contracts and is subject to extensive state
regulation. In adopting Rule 6e-2(b)(15)(iii), the Commission expressly
recognized that state insurance regulators have authority, pursuant to
state insurance laws or regulations, to disapprove or require changes
in investment policies, investment advisers, or principal underwriters.
The Commission also expressly recognized that state insurance
regulators have authority to require an insurer to draw from its
general account to cover costs imposed upon the insurer by a change
approved by contract owners over the insurer's objection. The
Commission, therefore, deemed such exemptions necessary ``to assure the
solvency of the life insurer and performance of its contractual
obligations by enabling an insurance regulatory authority or the life
insurer to act when certain proposals reasonably could be expected to
increase the risks undertaken by the life insurer.'' In this respect,
flexible premium variable life insurance contracts are identical to
scheduled premium variable life insurance contracts. Applicants,
therefore, assert that the corresponding provisions of Rule 6e-3(T)
under the 1940 Act undoubtedly were adopted in recognition of the same
factors.
    11. Applicants also assert that the sale of Shares to Qualified
Plans, an Adviser and General Accounts will not have any impact on the
relief requested. With respect to Qualified Plans, which are not
registered as investment companies under the 1940 Act, shares of a
portfolio of an investment company sold to a Qualified Plan must be
held by the trustee(s) of the Qualified Plan pursuant to Section 403(a)
of the Employee Retirement Income Security Act (``ERISA''). Applicants
note that (1) Section 403(a) of ERISA endows Qualified Plan trustees
with the exclusive authority and responsibility for voting proxies
provided neither of two enumerated exceptions to that provision
applies; (2) some of the Qualified Plans may provide for the
trustee(s), an investment adviser (or advisers), or another named
fiduciary to exercise voting rights in accordance with instructions
from participants; and (3) there is no requirement to pass through
voting rights to Qualified Plan participants.
    12. Applicants argue that an Adviser and General Accounts are
similar in that they are not subject to any pass-through voting
requirements. Applicants, therefore, conclude that unlike the case with
insurance company Separate Accounts, the issue of resolution of
material irreconcilable conflicts with respect to voting is not present
with Eligible Purchasers.
    13. Applicants represent that where a Qualified Plan does not
provide participants with the right to give voting instructions, the
trustee or named fiduciary has fiduciary responsibility to vote the
shares held by the Qualified Plan in the best interest of the Qualified
Plan participants. Accordingly, Applicants argue that even if an
Adviser or an affiliate of an Adviser were to serve in the capacity of
trustee or named fiduciary with voting responsibilities, an Adviser or
its affiliates would have a fiduciary duty to vote relevant Shares in
the best interest of the Qualified Plan participants.
    14. Further, Applicants assert that even if a Qualified Plan were
to hold a controlling interest in an Insurance Fund, Applicants do not
believe such control would disadvantage other investors in such
Insurance Fund to any greater extent than is the case when any
institutional shareholder holds a majority of the voting securities of
any open-end management investment company. In this regard, Applicants
submit that investment in an Insurance Fund by a Qualified Plan will
not create any of the voting complications occasioned by mixed funding
or shared funding. Unlike mixed funding or shared funding, Applicants
argue that Qualified Plan investor voting rights cannot be frustrated
by veto rights of insurers or state regulators.
    15. Where a Qualified Plan provides participants with the right to
give voting instructions, Applicants see no reason to believe that
participants in Qualified Plans generally or those in a particular
Qualified Plan, either as a single group or in combination with
participants in other Qualified Plans, would vote in a manner that
would disadvantage Variable Contract holders. Applicants assert that
the purchase of Shares by Qualified Plans that provide voting rights
does not present any complications not otherwise occasioned by mixed or
shared funding.
    16. Applicants do not believe that the sale of the Shares to
Qualified Plans will increase the potential for material irreconcilable
conflicts of interest between or among different types of investors. In
particular, Applicants see very little potential for such conflicts
beyond those that would otherwise exist between Variable Contract
owners.
    17. Applicants assert that permitting an Insurance Fund to sell its
shares to an Adviser or to the General Account of a Participating
Insurance Company will enhance management of each Insurance Fund
without raising significant concerns regarding material irreconcilable
conflicts. Unlike the circumstances of many investment companies that
serve as underlying investment media for variable insurance products,
an Insurance Fund may be deemed to lack an insurance company
``promoter'' for purposes of Rule 14a-2 under the 1940 Act.
Accordingly, any Insurance Funds that are established as new
registrants may be subject to the requirements of Section 14(a) of the
1940 Act, which generally requires that an investment company have a
net worth of $100,000 upon making a public offering of its shares.
Insurance Funds also will require more limited amounts of initial
capital in connection with the creation of any new series of Shares and
the voting of initial Shares of such series on matters requiring the
approval of Shareholders. A potential source of the requisite initial
capital is an Insurance Fund's investment adviser or a Participating
Insurance Company. Either of these parties may have an interest in
making the requisite capital and in participating with an Insurance
Fund in its organization. However, provision of

seed capital or the purchase of shares in connection with the
management of an Insurance Fund by its investment adviser or by a
Participating Insurance Company may be deemed to violate the
exclusivity requirement of Rule 6e-2(b)(15) and/or Rule 6e-3(T)(b)(15).
    18. Given the conditions of Treas. Reg. Section 1.817-5(f)(3) and
the harmony of interest between an Insurance Fund, on the one hand, and
an Adviser or a Participating Insurance Company, on the other,
Applicants assert that little incentive for overreaching exists.
Applicants further assert that such investment should not implicate the
concerns discussed above regarding the creation of material
irreconcilable conflicts. Instead, Applicants argue that permitting
investments by an Adviser, or by General Accounts, will permit the
orderly and efficient creation of an Insurance Fund, and reduce the
expense and uncertainty of using outside parties at the early stages of
the Insurance Fund's operations.

Applicants' Conditions

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

action adequately remedies any material irreconcilable conflict, but,
in no event, will the Insurance Fund or an Adviser, as relevant, be
required to establish a new funding vehicle for any Variable Contract.
No Participating Insurance Company will be required by this Condition 4
to establish a new funding vehicle for any Variable Contract if any
offer to do so has been declined by vote of a majority of the contract
or policy owners materially and adversely affected by the material
irreconcilable conflict. Further, no Qualified Plan will be reuqired by
this Condition 4 to establish a new funding vehicle for the Qualified
Plan if: (a) A majority of the Qualified Plan participants materially
and adversely affected by the irreconcilable material conflict vote to
decline such offer, or (b) pursuant to documents governing the
Qualified Plan, the Qualified Plan makes such decision without a
Qualified Plan participant vote.
    5. The Board of each Insurance Fund's determination of the
existence of a material irreconcilable conflict and its implications
will be made known in writing promptly to all Participants.
    6. As to Variable Contracts issued by Separate Accounts registered
under the 1940 Act, Participating Insurance Companies will provide
pass-through voting privileges to all Variable Contract owners as
required by the 1940 Act as interpreted by the Commission. However, as
to Variable Contracts issued by unregistered Separate Accounts, pass-
through voting privileges will be extended to contract owners to the
extent granted by the issuing insurance company. Accordingly, such
Participants, where applicable, will vote the Shares held in their
Separate Accounts in a manner consistent with voting instructions
timely received from Variable Contract owners. Participating Insurance
Companies will be responsible for assuring that each Separate Account
investing in the relevant Insurance Fund calculates voting privileges
in a manner consistent with other Participants. The obligation to
calculate voting privileges as provided in this Application will be a
contractual obligation of all Participating Insurance Companies under
their Participation Agreement with the relevant Insurance Fund. Each
Participating Insurance Company will vote Shares for which it has not
received timely voting instructions, as well as Shares held in its
General Account or otherwise attributed to it, in the same proportion
as it votes those Shares for which it has received voting instructions.
Each Qualified Plan will vote as required by applicable law and
governing Qualified Plan documents.
    7. As long as the 1940 Act requires pass-through voting privileges
to be provided to Variable Contract owners, an Adviser and any General
Account will vote their respective Shares in the same proportion as all
variable contract owners having voting rights with respect to that
Insurance Fund; provided, however, that an Adviser or any General
Account shall vote its Shares in such other manner as may be required
by the Commission or its staff.
    8. Each Insurance Fund will comply with all provisions of the 1940
Act requiring voting by shareholders, which, for these purposes, shall
be the persons having a voting interest in the Shares, and, in
particular, the Insurance Fund will either provide for annual meetings
(except to the extent that the Commission may interpret Section 16 of
the 1940 Act not to require such meetings) or comply with Section 16(c)
of the 1940 Act (although each Insurance Fund is not, or will not be,
one of those trusts of the type described in Section 16(c) of the 1940
Act), as well as with Section 16(a) of the 1940 Act and, if and when
applicable, Section 16(b) of the 1940 Act. Further, each Insurance Fund
will act in accordance with the Commission's interpretations of the
requirements of Section 16(a) with respect to periodic elections of
directors/trustees and with whatever rules the Commission may
promulgate thereto.
    9. An Insurance Fund will make its shares available to the Separate
Accounts and Qualified Plans at or about the time it accepts any seed
capital from an Adviser or General Account of a Participating Insurance
Company.
    10. Each Insurance Fund has notified, or will notify, all
Participants that Separate Account prospectus disclosure or Qualified
Plan prospectuses or other Qualified Plan disclosure documents
regarding potential risks of mixed and shared funding may be
appropriate. Each Insurance Fund will disclose, in its prospectus that:
(a) Shares of the Fund may be offered to Separate Accounts funding both
variable annuity contracts and variable life insurance policies and, if
applicable, to Qualified Plans; (b) due to differences in tax treatment
and other considerations, the interests of various contract owners
participating in the Insurance Fund and the interests of Qualified
Plans investing in the Insurance Fund, if applicable, may conflict; and
(c) the Insurance Fund's Board will monitor events in order to identify
the existence of any material irreconcilable conflicts and to determine
what action, if any, should be taken in response to any such conflict.
    11. If and to the extent that Rule 6e-2 and Rule 6e-3(T) under the
1940 Act are amended, or proposed Rule 6e-3 under the 1940 At is
adopted, to provide exemptive relief from any provision of the 1940
Act, or the rules promulgated thereunder, with respect to mixed or
shared funding, on terms and conditions materially different from any
exemptions granted in the order requested in this Application, then
each Insurance Fund and/or Participating Insurance Companies, as
appropriate, shall take such steps as may be necessary to comply with
Rules 6e-2 or 6e-3(T), or Rule 6e-3, as such rules are applicable.
    12. Each Participant, at least annually, will submit to the Board
of each Insurance Fund such reports, materials or data as the Board
reasonably may request so that the directors/trustees of the Board may
fully carry out the obligations imposed upon the Board by the
conditions contained in this Application. Such reports, materials and
data will be submitted more frequently if deemed appropriate by the
Board of an Insurance Fund. The obligations of the Participants to
provide these reports, materials and data to the Board, when it so
reasonably requests, will be a contractual obligation of all
Participants under their Participation Agreement with the relevant
Insurance Fund.
    13. All reports of potential or existing conflicts received by the
Board of each Insurance Fund, and all Board action with regard to
determining the existence of a conflict, notifying Participants of a
conflict and determining whether any proposed action adequately
remedies a conflict, will be properly recorded in the minutes of the
Board or other appropriate records, and such minutes or other records
shall be made available to the Commission upon request.
    14. Each Insurance Fund will not accept a purchase order from a
Qualified Plan if such purchase would make the Qualified Plan an owner
of 10 percent or more of the assets of the Insurance Fund unless the
Trustee for such Qualified Plan executes an agreement with the
Insurance Fund governing participation in the Insurance Fund that
includes the conditions set forth herein to the extent applicable. A
Trustee for a Qualified Plan will execute an application containing an
acknowledgement of this condition at the time of its initial purchase
of Shares.

Conclusions

    Applicants submit that, for the reasons summarized above and to the
extent necessary or appropriate to

provide for the transactions described herein, the requested exemptions
from Sections 9(a), 13(a), 15(a), and 15(b) of the 1940 Act and Rules
6e-2(b)(15) and 6e-3(T)(b)(15) thereunder, in accordance with the
standards of Section 6(c) of the 1940 Act, are in the public interest
and consistent with the protection of investors and the purpose fairly
intended by the policy and provisiosn of the 1940 Act.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 06-5747 Filed 6-27-06; 8:45 am]

BILLING CODE 8010-01-M


[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43616-43617]
[FR Doc No: 2016-15749]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final notice.

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

SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The effective date of June 6, 2016, which has been established
for the FIRM and, where applicable, the supporting FIS report showing
the new or modified flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at www.msc.fema.gov by the effective date indicated
above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations

listed below for the new or modified flood hazard information for each
community listed. Notification of these changes has been published in
newspapers of local circulation and 90 days have elapsed since that
publication. The Deputy Associate Administrator for Mitigation has
resolved any appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

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

    Dated: May 19, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

    I. Watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
                     Lower Wisconsin River Watershed
------------------------------------------------------------------------
              Dane County, Wisconsin and Incorporated Areas
                         Docket No.: FEMA-B-1426
------------------------------------------------------------------------
Unincorporated Areas of Dane County....  City County Building, 210
                                          Martin Luther King Jr.
                                          Boulevard #116, Madison, WI
                                          53703.
Village of Belleville..................  Village Hall, 24 West Main
                                          Street, Belleville, WI 53508.
Village of Black Earth.................  Village Hall, 1210 Mills
                                          Street, Black Earth, WI 53515.
Village of Cross Plains................  Village Hall, 2417 Brewery
                                          Road, Cross Plains, WI 53528.
Village of Mazomanie...................  Village Hall, 133 Crescent
                                          Street, Mazomanie, WI 53560.
------------------------------------------------------------------------

    II. Non-watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
            Yakima County, Washington and Incorporated Areas
                         Docket No.: FEMA-B-1415
------------------------------------------------------------------------
City of Union Gap......................  City Hall, 102 West Ahtanum
                                          Road, Union Gap, WA 98903.
City of Yakima.........................  City Hall, 129 North 2nd
                                          Street, Yakima, WA 98901.
Confederated Tribes and Bands of the     Yakama Nation Offices, 401 Fort
 Yakama Nation.                           Road, Toppenish, WA 98948.
Unincorporated Areas of Yakima County..  Yakima County Public Services,
                                          128 North 2nd Street, Yakima,
                                          WA 98901.
------------------------------------------------------------------------

[FR Doc. 2016-15749 Filed 7-1-16; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 22074-22075]
[FR Doc No: 2023-07626]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34879; 812-15421]

MBC Total Private Markets Access Fund and Seneca Management, LLC

April 6, 2023.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) of the Act and for an order pursuant to
section 17(d) of the Act and rule 17d-1 under the Act.
    Summary of Application: Applicants request an order to permit
certain registered closed-end investment companies to issue multiple
classes of shares of beneficial interest with varying sales loads and
to impose asset-based distribution and/or service fees.
    Applicants: MBC Total Private Markets Access Fund and Seneca
Management, LLC.
    Filing Dates: The application was filed on January 6, 2023, and
amended on February 27, 2023 and March 23, 2023.
    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 on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on May 1,
2023, and should be accompanied by proof of service on the Applicants,
in the form of an affidavit, or, for lawyers, a certificate of service.
Pursuant to rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants:
Garrett Fitzgerald, Seneca Management, LLC, [email protected];
Brian Knitt, MBC Total Private Markets Access Fund, [email protected];
Jeremy I. Senderowicz, Vedder Price P.C., [email protected].

FOR FURTHER INFORMATION CONTACT: Trace W. Rakestraw, Senior Special
Counsel, at<PHONE_NUMBER> (Division of Investment Management, Chief
Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' second amended
and restated application, dated March 23, 2023, which may be obtained
via the Commission's website by searching for the file number at the
top of this document, or for an Applicant using the Company name search
field on the SEC's EDGAR system. The SEC's EDGAR system may be searched
at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You
may also call the SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-07626 Filed 4-11-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55186-55187]
[FR Doc No: 2016-19753]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-489-000]

Notice of Request Under Blanket Authorization: WBI Energy
Transmission, Inc.

    Take notice that on August 5, 2016, WBI Energy Transmission, Inc.
(WBI Energy), 1250 West Century Avenue, Bismarck, North Dakota 58503,
filed in Docket No. CP16-489-000 a prior notice request pursuant to
Sec.  157.205, 157.210, and 157.216(b) of the Commission's regulations
under the Natural Gas Act (NGA), as amended, requesting authorization
to construct, operate, and abandon certain natural gas facilities in
McKenzie and Williams Counties, North Dakota. WBI Energy states that
the proposed activities will allow it to deliver 62,000 dekatherms per
day of natural gas transportation service. WBI Energy estimates the
cost of the proposed facilities to be approximately $18.4 million, all
as more fully set forth in the application which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter
the docket number excluding the last three digits in the docket number
field to access the document. For assistance, please contact FERC
Online Support at<EMAIL_ADDRESS>or toll free at (866) 208-
3676, or TTY, contact<PHONE_NUMBER>.
    Specifically, WBI Energy proposes to: (1) Install two new
compressor units, totaling 5,325 horsepower (HP), at its

Charbonneau Station located in McKenzie County, North Dakota; (2)
install a new 1,380 HP compressor unit at its Williston Station located
in Williams County, North Dakota; (3) construct a new 750 HP compressor
station (Tioga Station) located in Williams County, North Dakota; (4)
construct approximately 2,850 feet of 8-inch-diameter pipeline located
in Williams County, North Dakota; and (5) abandon in-place
approximately 1,375 feet of 8-inch-diameter pipeline located in
Williams County, North Dakota.
    Any questions concerning this application may be directed to Lori
Myerchin, Manager, Regulatory Affairs, WBI Energy Transmission, Inc.,
1250 West Century Avenue, Bismarck, North Dakota 58503, by telephone at
(701) 530-1563 or by email at<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to Sec.  157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Pursuant to Sec.  157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenter's will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenter's will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 7 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.

    Dated: August 12, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-19753 Filed 8-17-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Rules and Regulations]
[Pages 24223-24226]
[FR Doc No: 2018-11201]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0436; FRL-9978-30--Region 1]

Air Plan Approval; Rhode Island; Enhanced Motor Vehicle
Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island. These revisions include regulations to update the enhanced
motor vehicle inspection and maintenance (I/M) program in Rhode Island.
The revised program includes a test and repair network consisting of
on-board diagnostic (OBD2) testing for model year 1996 and newer
vehicles and tailpipe exhaust test, using a dynamometer, for model year
1995 and older vehicles. The intended effect of this action is to
approve the revised program into the Rhode Island SIP. This action is
being taken in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on June 25, 2018.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2009-0436. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available at www.regulations.gov or at
the U.S. Environmental Protection Agency, EPA New England Regional
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square--Suite 100, Boston, MA. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, 5 Post Office Square, Suite 100 (mail code:

OEP05-2), Boston, MA 02109-3912, telephone number:<PHONE_NUMBER>,
email: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 14, 2017, EPA published a direct final rule (82 FR
52682), as well as an accompanying notice of proposed rulemaking (NPRM)
(82 FR 52682), for the State of Rhode Island. The direct final rule
intended to approve a SIP revision submitted by the State of Rhode
Island updating Rhode Island's enhanced motor vehicle inspection and
maintenance program. Due to the receipt of an adverse comment, EPA
published a withdrawal of the direct final rule in the Federal Register
on January 9, 2018 (83 FR 984).
    EPA published a second NPRM on March 2, 2018 (83 FR 8961), which
reopened the public comment period, and proposed approval of Rhode
Island's SIP revision updating the State's enhanced motor vehicle I/M
program. The formal SIP revision was submitted in two parts: (1) A
submittal made by Rhode Island on January 28, 2009, which included
regulations to update the enhanced I/M program in Rhode Island, and (2)
a supplemental submittal made by Rhode Island on February 17, 2017,
which included the emissions modeling and I/M SIP narrative required by
EPA's I/M regulations. A detailed discussion of Rhode Island's SIP
revision and EPA's rationale for proposing approval of the SIP revision
were provided in the November 14, 2017 NPRM (82 FR 52682) and will not
be restated in this document. EPA is approving Rhode Island's enhanced
I/M program SIP revision because it is consistent with the Clean Air
Act's I/M requirements and EPA's I/M regulations.

II. Response to Comments

    The adverse comment received on EPA's November 14, 2017 direct
final rule (82 FR 52682) requested that EPA hold a new public comment
period, because EPA did not make all relevant documents available in
the docket at www.regulations.gov.
    Prior to the reopening of the public comment period, via the NPRM
that published in the Federal Register on March 2, 2018 (83 FR 8961),
EPA made available all documents, which are compatible with the
electronic docket system, at the docket identified by Docket ID No.
EPA-R01-OAR-2009-0436 at www.regulations.gov. Also, EPA explained that
all other documents, including emissions modeling files submitted as
part of Rhode Island's enhanced motor vehicles I/M program SIP
revision, were available for public review by visiting the EPA New
England Regional Office or by contacting the contact listed in the FOR
FURTHER INFORMATION CONTACT section. The reopening of the public
comment period also served as the notice of data availability
referenced in the January 9, 2018 withdrawal of direct final rule (83
FR 984).
    We received comments during the public comment period reopened by
the March 2, 2018 (83 FR 8961) NPRM. However, all but one of those
comments were not germane to our proposed approval of Rhode Island's
enhanced motor vehicle I/M program SIP revision.
    Comment: A single anonymous comment, much of which included
information that was not germane to EPA's proposed approval of Rhode
Island's enhanced motor vehicle I/M program SIP revision, also stated
that ``[t]he Rule created potentially unduly burdensome requirements,
Agency [sic] has failed to show a need for Regulations [sic] Given the
extremely limited pollutant loadings and relative high costs, according
to EPA's own analysis, the requirements appear to be ripe for
substantial reduction or elimination. this [sic] entire subcategory
would be excluded by rule given the de minimis amount of pollution.''
    Response: If ``The Rule'' in the submitted comment refers to EPA's
March 2, 2018 (83 FR 8961) proposed rule, EPA disagrees with the
comment because this action is merely approving Rhode Island's pre-
existing enhanced motor vehicle I/M regulations into the Rhode Island
SIP in accordance with pre-existing federal requirements under the CAA.
Rhode Island revised its motor vehicle I/M regulations in 2009 to meet
the requirements of the CAA by incorporating testing of vehicles
equipped with On-Board Diagnostics (OBD) technology for monitoring the
proper function of a vehicle's emissions controls.

III. Final Action

    EPA is approving the SIP revisions submitted by the State of Rhode
Island on January 28, 2009, and supplemented with a SIP revision on
February 17, 2017. These SIP revisions contain the State's revised
enhanced motor vehicle I/M program. Specifically, EPA is approving the
Rhode Island Department of Environmental Management's Air Pollution
Control Regulation No. 34 entitled ``Rhode Island Motor Vehicle
Inspection/Maintenance Program'' (effective January 5, 2009), and the
Rhode Island Department of Motor Vehicles' ``Rhode Island Motor Vehicle
Safety and Emissions Control Regulation No. 1'' (effective January 28,
2009), and incorporating these rules into the Rhode Island SIP. EPA is
approving Rhode Island's revised I/M program because it is consistent
with the CAA and EPA's I/M regulations and it will strengthen the Rhode
Island SIP.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Rhode
Island's regulations described in the amendments to 40 CFR part 52 set
forth below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov and at the EPA Region 1
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely

affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 24, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 17, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart OO--Rhode Island

0
2. In Sec.  52.2070:
0
 a. The table in paragraph (c) is amended by revising the entries ``Air
Pollution Control Regulation 34'' and ``Rhode Island Motor Vehicle
Safety and Emissions Control Regulation No. 1''.
    b. The table in paragraph (e) is amended by adding the entry ``I/M
SIP Narrative'' at the end of the table.
    The addition and revisions read as follows:

Sec.  52.2070  Identification of plan.

* * * * *
    (c) * * *

                                                          EPA-Approved Rhode Island Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
         State citation             Title/subject                 State effective date               EPA approval date             Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Air Pollution Control            Rhode Island Motor                                       1/5/2009  5/25/2018, [insert   Department of Environmental
 Regulation 34.                   Vehicle                                                            Federal Register     Management regulation
                                  Inspection/                                                        citation].           containing I/M standards.
                                  Maintenance                                                                             Approving all sections except
                                  Program.                                                                                section 34.9.3 ``Application''
                                                                                which was excluded from the
                                                                                SIP submittal.

                                                                      * * * * * * *
Rhode Island Motor Vehicle       Rhode Island Motor                                      1/28/2009  5/25/2018, [insert   Division of Motor Vehicles
 Safety and Emissions Control     Vehicle                                                            Federal Register     regulation for the light-duty
 Regulation No. 1.                Inspection/                                                        citation].           vehicle I/M program. Approving
                                  Maintenance                                                                             all sections except section
                                  Program.                                                                                1.12.2 ``Penalties'' and
                                                                                section 1.13 ``Proceedings for
                                                                                Enforcement'' which were
                                                                                excluded from the SIP
                                                                                submittal.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                                               Rhode Island Non Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Applicable
  Name of non regulatory SIP     geographic or    State submittal date/ effective
          provision              nonattainment                  date                        EPA approved date                     Explanations
                                     area
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
I/M SIP Narrative............  Statewide.......  Submitted 2/17/2017..............  5/25/2018, [insert Federal         Narrative describing how the
                                                                                Register citation].                Rhode Island I/M program meets
                                                                                the requirements in the federal
                                                                                I/M rule.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-11201 Filed 5-24-18; 8:45 am]
 BILLING CODE 6560-50-P


April 10, 2006

AGA Chemicals America, Inc.

Asahi Glass Co., Ltd.

Answers to EPA’s inquiries in Ms. Margaret Sheppar’s e-mail to Mr.
David Ferguson dated March 1, 2006 concerning SNAP application of
Asahiklin AE-3000

Additional toxicity studies data: please refer to attached revised Table
2.

Flash point data: please refer to attached Analysis Report (Attachment
1) prepared by Sumika Chemical Analysis Services Ltd. We also carried
out the test by Cleveland Open Cup tester ASTM D92-05a. The substance
also has no flash point.

Flammability limits: tests were carried out by ASTM E681-01 method. We
could not find any flammability for any mixtures of the substance and
air. I addition, flammable solvent HFC-365mfc (CF3CH2CF2CH3) which has
flammability limit 5-9vol% in air becomes nonflammable with adding only
1.5vol% of the substance, AE-3000. The experimental data (Attachment 2)
is attached. In the figure, circle (O) means flammable and x means
nonflammable.

Ozone depletion potential: the substance does not contain any bromine
and chlorine atoms in the molecule. So, it has no ozone depletion
potential.

Global warming potential: the GWP value was calculated based on the test
results by Research Institute of Innovative Technology for the Earth in
Japan. Unfortunately, the paper is written in Japanese and a report
describes such calculation in English is not published. But the GWP
value is shown in the report “Safeguarding the Ozone Layer and the
Global Climate System” published by the Intergovernmental Panel on
Climate Change in 2005. Please refer to attached copy of the report
(Attachment 3). The value is 540 (100yrs ITH) in the report.

Atmospheric lifetime: please refer to attached copy of J. Phys. Chem. A
2000, 104, 1165-1170 (Attachment 4).

Protective equipment: respiratory protection for organic chemicals
approved by NIOSH is recommended. In case of very high concentration,
self-contained breathing apparatus is recommended. To protect hand and
eye, impermeable gloves and chemical splash goggles are recommended,
respectively. Local exhaust should be used if large amount of the
substance are released. Mechanical ventilation should be used in low
places.

Degradation products: this substance may be decomposed by high
temperature (open flames, glowing metal surfaces, electrical heating
elements and so on) forming hydrofluoric acids, carbonyl fluoride,
carbon monoxide and carbon dioxide.

Regulation under environmental regulatory statutes other than VOC: none.

Regulation under health and safety related statutes authorities: we have
submitted PNM of TSCA and waiting the approval from US EPA. No
regulations are made by FDA, OSHA, DOT and so on.

Manufacture site: Japan. We do not have any plan to manufacture this
substance in the US right now.

Material Safety Data Sheet: please refer to attached copy.


[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Pages 29745-29746]
[FR Doc No: 2011-12602]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-473-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of Request
Under Blanket Authorization

    Take notice that on May 5, 2011 Transcontinental Gas Pipe Line
Company, LLC (Transco), Post Office Box 1396, Houston, Texas 77251,
pursuant to section 7 of the Natural Gas Act, the prior notice
procedures prescribed by sections 157.205 and 157.216 of the Federal
Energy Regulatory Commission's Regulations, and Transco's blanket
certificate issued in Docket No. CP82-426, filed a request for
authorization to abandon by sale to Williams Field Services--Gulf Coast
Company, L.P.\1\ (WFS) an existing 10-inch natural gas pipeline located
in St. Charles, St. James and St. John the Baptist Parishes, Louisiana
extending eastward 18.55 miles and appurtenant facilities. Transco
states that the total cost of the abandonment is estimated to be
approximately $125,000, all as more fully set forth in the application,
which is open to the public for inspection. The filing may also be
viewed on the Web at http://www.ferc.gov using the ``eLibrary'' link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
---------------------------------------------------------------------------

    \1\ WFS is a Delaware limited partnership having an address of
One Williams Center, Tulsa, Oklahoma 74172.
---------------------------------------------------------------------------

    Any questions regarding this prior notice should be directed to Nan
Miksovsky, Transcontinental Gas Pipe Line Company, LLC, P.O. Box 1396,
Houston, Texas 77251, or by telephone no.<PHONE_NUMBER>.
    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a

protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link. Persons unable
to file electronically should submit an original and 14 copies of the
protest or intervention to the Federal Energy regulatory Commission,
888 First Street, NE., Washington, DC 20426.
    Comment Date: June 7, 2011.

    Dated: May 17, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-12602 Filed 5-20-11; 8:45 am]
BILLING CODE 6717-01-P