[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Rules and Regulations]
[Pages 13173-13178]
[FR Doc No: 2021-04745]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742 and 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI43

Burma: Implementation of Sanctions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In response to the Burmese military coup that overthrew the
democratically-elected government of Myanmar (Burma), in this final
rule, the

Bureau of Industry and Security (BIS) amends the Export Administration
Regulations (EAR) to apply more restrictive treatment to exports and
reexports to, and transfers within, Burma of items subject to the EAR.
This action advances the U.S. Government's efforts to reduce the
availability of items to Burma's military and security services.

DATES: This rule is effective March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Tracy Patts, Foreign Policy Division,
Office of Nonproliferation and Treaty Compliance, Bureau of Industry
and Security, U.S. Department of Commerce, by email at
<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

Burma Under the Export Administration Regulations

    On February 10, 2021, President Biden signed Executive Order (E.O.)
14014, ``Blocking Property With Respect to the Situation in Burma.''
See 86 FR 9429 (Feb. 12, 2021). In E.O. 14104, the President declared a
national emergency to address the threat posed to the United States by
the situation in, and in relation to, Burma following a February 1,
2021 military coup, citing the military's overthrow of the country's
democratically-elected government and arrest and detention of
government leaders, human rights defenders, and journalists. See id.
The United States had removed sanctions on Burma over the past decade
based on progress toward democracy, and the reversal of that progress
necessitated an immediate review of our sanction laws and authorities,
followed by appropriate action. See President Biden's February 1, 2021
statement, available at https://www.whitehouse.gov/briefing-room/statements-releases/2021/02/01/statement-by-president-joseph-r-biden-jr-on-the-situation-in-burma/.
    In response to the February 1, 2021 Burmese military coup, on
February 18, 2021, BIS took action under the Export Administration
Regulations, 15 CFR parts 730-774 (EAR), and published a Federal
Register notice announcing a more restrictive review policy for
applications involving exports and reexports of items requiring a
license under the EAR that are destined for Burma's military and
security services and suspended the availability of certain license
exceptions for items destined for Burma. See 86 FR 10011 (Feb. 18,
2021). Taken together, the measures set forth in the February 18, 2021
Federal Register notice and this final rule are consistent with recent
actions taken by the Department of the Treasury's Office of Foreign
Assets Control under E.O. 14104. Specifically, this rule: 1) moves
Burma from Country Group B to the more restrictive Country Group D:1;
2) adds Burma to the countries subject to the national security
licensing policy for certain military end uses and end users, and to
the `military end use' and `military end user' restrictions; and 3)
moves Burma from Computer Tier 1 to the more restrictive Computer Tier
3 in the (Computers) (APP) license exception.

Burma Under the EAR Prior to the February 18, 2021 Notice

    As a general matter, during a four-year period following BIS's
placement of Burma in Country Group B in December 2016, BIS did not
maintain special controls on Burma. See 81 FR 94962 (Dec. 27, 2016).
Applications for items requiring a license for export or reexport to
Burma were generally subject to case-by-case review consistent with the
licensing policies set forth in Part 742 and other applicable parts of
the EAR. For purposes of License Exception Computers (APP) (Section
740.7 of the EAR) in August 2017, Burma was placed in Computer Tier 1,
a relatively less-restrictive placement. See 82 FR 38764, 8/15/17.
    Prior to December 2016, BIS had imposed more significant
restrictions on exports and reexports to Burma as part of a broad U.S.
Government-wide embargo in effect for nearly two decades that had
restricted trade with or involving Burma under a national emergency
declared by President Bill Clinton pursuant to Executive Order 13047 of
May 20, 1997, in response to repression by the then-governing regime in
Burma. This emergency was extended and expanded by Presidents George W.
Bush and Barack Obama, who together issued five additional Burma-
related Executive Orders. Between October 2007 and December 2016, Burma
was located in Country Group D:1, Supp. No. 1 to Part 740 of the EAR.
It was located in Computer Tier 3, a relatively restrictive placement,
for purposes of License Exception Computers (APP) until August 2017.
See 82 FR 38764, 8/15/17. BIS also maintained license requirements in
part 744 (then Sec.  744.22) (see 72 FR 60248, October 24, 2007, as
modified by 74 FR 770, January 8, 2009), for the export, reexport, or
transfer (in country) of most items subject to the EAR, to persons
listed in or designated pursuant to three of the Burma-related
Executive Orders. Executive Order 13742 of October 7, 2016, terminated
the national emergency declared in Executive Order 13047 and revoked
that Executive Order and the other Burma-related Executive Orders.
    Notwithstanding the EAR changes made following the October 2016
termination of the embargo, Burma continued to be located in Country
Group D:3 (countries raising proliferation concerns related to chemical
and biological weapons) and Country Group D:5 (U.S. arms-embargoed
countries), consistent with Sec.  126.1 of the International Traffic in
Arms Regulations, 22 CFR parts 120-130.

Burma Under the EAR: February 18, 2021 Notice

    On February 1, 2021, the Burmese military overthrew the
democratically-elected government of Burma and detained President Win
Myint and State Counsellor Aung San Suu Kyi and other parliamentarians
affiliated with the National League for Democracy.
    In response to this coup, as noted above, BIS issued a Federal
Register notice effective February 18, 2021, adopting a more
restrictive license application review policy of a presumption of
denial for items subject to the EAR that require a license for export
and reexport and that are destined for Burma's Ministry of Defense,
Ministry of Home Affairs, armed forces, or security services. BIS also
suspended the use of four license exceptions set forth in part 740 of
the EAR that would otherwise have generally been available to Burma as
a result of its Country Group B placement: Shipments of Limited Value
(LVS) (Sec.  740.3); Shipments to Group B Countries (GBS) (Sec.
740.4); Technology and Software under Restriction (TSR) (Sec.  740.6);
and Computers (APP) (Sec.  740.7).

Changes Made by This Rule

    This rule strengthens export controls on Burma consistent with the
policy concerns described in BIS's February 18, 2021 notice. The
actions in this rule support the United States Government's efforts to
promote an immediate return to democracy in Burma, to underscore to
Burma's security forces there must not be violence against civilians,
and to stand in solidarity with the people of Burma, who continue to
voice their desire for democracy, peace, and rule of law. In
particular, this rule enhances the U.S. Government's efforts to ensure
that items subject to the EAR are not available to Burma's military and
security services. These measures also address the foreign policy and
national

security concerns that formed the basis for the issuance of E.O. 14104
of February 10, 2021.

Country Group D:1

    The rule removes Burma from EAR Country Group B in supplement no. 1
to part 740 (Country Groups) and moves it into the more restrictive
Country Group D:1. This action makes certain license exceptions or
portions of license exceptions unavailable for Burma, or imposes
conditions on the use of such license exceptions, including as follows:
     Shipments of Limited Value (LVS) (Sec.  740.3). This
license exception is no longer available for Burma due to Burma's
removal from Country Group B.
     Shipments to Group B Countries (GBS) (Sec.  740.4). This
license exception is no longer available for Burma due to Burma's
removal from Country Group B.
     Technology and Software under Restriction (TSR) (Sec.
740.6). This license exception is no longer available for Burma due to
Burma's removal from Country Group B.
     Temporary Imports, Exports, Reexports, and Transfers (in-
country) (TMP) (Sec.  740.9). Paragraph (b) (Exports of items
temporarily in the United States) of this license exception places
restrictions on shipments of national security (NS) controlled items to
D:1 countries, and thus the provisions in paragraph (b) that would
authorize exports of NS-controlled items to Country Group B (but not
Country Group D:1) are no longer available for shipments destined to
Burma.
     Servicing and Replacement Parts and Equipment (RPL) (Sec.
740.10). This license exception authorizes certain items to be returned
to Country Group B (see (a)(4) (Reexports), and (b)(3)(ii)(C) (return
of defective or unacceptable equipment)). These two paragraphs are no
longer available for the return of such items to Burma due to Burma's
removal from Country Group B.
     Aircraft, Vessels, and Spacecraft (AVS) (Sec.  740.15).
Paragraph (b) of this license exception authorizes exports and
reexports of certain equipment and spare parts for permanent use upon a
vessel or aircraft, except for vessels registered in a D:1 country or
aircraft registered in, owned or controlled by, or under charter or
lease to a country included in Country Group D:1, or a national of any
of these countries. With the publication of this rule, Burma is a D:1
country, and restrictions in this paragraph are applied to exports for
vessels registered in Burma, or aircraft registered in, owned or
controlled by, or under charter or lease to Burma or a Burmese
national. Paragraph (c) of this license exception authorizes certain
exports to U.S. or Canadian vessels, planes and airline installations
or agents except for exports to D:1 countries and for aircraft located
in, or owned, operated or controlled by, or leased or chartered to a
D:1 country. Burma is now subject to all D:1-related specified
restrictions set forth in paragraph (c) of Sec.  740.15.
     Additional Permissive Reexports (APR) (Sec.  740.16(j)).
Paragraph (j) of this license exception authorizes certain reexports of
nuclear non-proliferation controlled items except when also controlled
for NS reasons when destined to a D:1 country. Burma is now a D:1
country and will thus no longer be eligible for reexports of NS-
controlled items under this provision.
     Encryption commodities, technology, and software (ENC)
(Sec.  740.17). Paragraph (b)(2)(iv)(B) of this license exception
places restrictions on certain encryption technology exports to users
in D:1 countries. These restrictions shall apply to users in Burma now,
due to Burma's placement in Country Group D:1.
    The restrictions on the export, reexport, and transfer (in-country)
of certain microprocessors to military end uses and end users in
Country Group D:1, pursuant to Sec.  744.17 (Restrictions on certain
exports, reexports, and transfers (in-country) of microprocessors and
associated ``software'' and ``technology'' for `military end uses' and
to `military end users'), apply to transactions to Burma now that it is
in Country Group D:1 as a result of this rule. Furthermore, the
restrictions in Sec.  744.7 (Restrictions on certain exports to and for
the use of certain foreign vessels or aircraft) on certain exports and
reexports to vessels and aircraft located in ports in a D:1 country now
apply to exports and reexports to Burma, and restrictions in that
section that apply to aircraft located in, or owned, operated or
controlled by, or leased or chartered to, Country Group D:1 or a
national of such country, now apply to aircraft located in, or owned,
operated or controlled by, or leased or chartered to Burma or a Burmese
national. Finally, the addition of Burma to Country Group D:1 expands
the applicability of Sec.  736.2(b)(3), General Prohibition Three, by
imposing licensing requirements for reexports of foreign-produced
direct products of certain U.S.-origin technology and software to
Burma.
    Burma remains in Country Groups D:3 (countries raising
proliferation concerns related to chemical and biological weapons) and
D:5 (U.S. arms-embargoed countries). See supplement no. 1 to part 740
of the EAR.

Licensing Policy

    As noted below, this rule adds Burma to the countries subject to
the military end use and end user controls, and associated licensing
policies, in Sec.  744.21. This rule also adds Burma to the list of
countries subject to the licensing policy in Sec.  742.4(b)(7) (NS-
controlled items) of the EAR. The license review policy for NS-
controlled items in Sec.  742.4(b)(7) applies to transactions with the
other countries included in Sec.  744.21, and now applies to Burma as
well.

Section 744.21

    This rule adds Burma to the countries subject to the `military end
use' and `military end user' (MEU) restrictions in Sec.  744.21 of the
EAR. In addition to the license requirements for items specified on the
Commerce Control List (CCL), Sec.  744.21 prohibits the export,
reexport, or transfer (in-country) without a license of items subject
to the EAR that are listed in supplement no. 2 to part 744--List of
Items Subject to the Military End Use or End User License Requirement
of Sec.  744.21--to the People's Republic of China (China), the Russian
Federation, or Venezuela, and with the publication of this rule, Burma,
in certain circumstances. Such exports, reexports, or transfers (in-
country) require a license if, at the time of the export, reexport, or
transfer (in-country), the exporter, reexporter, or transferor (in-
country) has ``knowledge,'' as defined in Sec.  772.1 of the EAR that
the item is intended, entirely or in part, for a `military end use,' or
`military end user,' in Burma, China, the Russian Federation, or
Venezuela. Applications submitted for the export or reexport to Burma,
or transfer within Burma, of an item in supplement no. 2 to part 744
under this section will be reviewed with a presumption of denial.
    This rule also adds a reference to Burma in supplement no. 7 to
part 744--`Military End User' List but does not add any entities
located in Burma to the list of Military End Users (MEU List) at this
time. The MEU List notifies the public that certain entities are
subject to the military end-user prohibitions in Sec.  744.21 of the
EAR. BIS may add entities located in Burma to the MEU List in the
future.
    This rule also corrects a typo in the last sentence of the
introductory text to supplement no. 7 to part 744. The correction
removes the phrase `supplement no. 2 to part 744' from the last
sentence of the introductory text and adds in its place the phrase
`supplement no. 7 to part 744'. Supplement no. 7 to part 744 is the

correct supplement reference in the context of this sentence. With this
correction, the last sentence correctly states that ``. . . license
application procedure and license review policy for entities specified
in supplement no. 7 to part 744 is specified in Sec.  744.21(d) and
(e).''

Computer Tier 3

    This rule moves Burma from Computer Tier 1 to Computer Tier 3 under
License Exception Computers (APP), Sec.  740.7. This change limits the
use of that license exception for exports and reexports to, or
transfers (in-country) within, Burma. The placement of Burma in Country
Group D:1 by this rule and movement of Burma into Computer Tier 3
supersedes the suspension of four License Exceptions announced as part
of the February 18, 2021 notice, as the prior suspension was linked to
Burma's placement at the time in Country Group B and in Computer Tier
1.

Export Control Reform Act of 2018

    On August 13, 2018, President Donald J. Trump signed into law the
John S. McCain National Defense Authorization Act for Fiscal Year 2019,
which included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C.
4801-4852) that provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
rule.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been designated to be a ``significant
regulatory action,'' although not economically significant, under
section 3(f) of Executive Order 12866.
    2. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    3. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4821), this action is exempt from the Administrative
Procedure Act (5 U.S.C. 553) requirements for notice of proposed
rulemaking, opportunity for public participation, and delay in
effective date.
    4. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
    5. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves a
collection currently approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. The collection
includes, among other things, license applications, and carries a
burden estimate of 42.5 minutes for a manual or electronic submission
for a total burden estimate of 31,878 hours. BIS expects the burden
hours associated with this collection to not significantly increase
with the publication of this rule.

Savings Clause

    Shipments of items that may no longer be made under No License
Required (NLR) or license exception as a result of this action and were
on dock for loading, on lighter, laden aboard an exporting or
transferring carrier, or en route aboard a carrier to a port of export
or reexport on April 7, 2021, pursuant to actual orders for export to
Burma, reexport to Burma, or transfer (in country) within Burma may
proceed to their destination under the prior authorization.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 742

    Exports, Terrorism

15 CFR 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, parts 740, 742, and 744 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:

PART 740--LICENSE EXCEPTIONS

0
1. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783.

Sec.  740.7  [Amended]

0
2. Amend Sec.  740.7 by
0
a. Removing ``Burma,'' from paragraph (c)(1); and
0
b. Adding ``Burma'' alphabetically in paragraph (d)(1).

Supplement No. 1 to Part 740--Country Groups

0
3. Supplement no. 1 to part 740 is amended by
0
a. In the Country Group B table, removing ``Burma''; and
0
b. In the Country Group D table revising the entry for ``Burma'' to
read as follows:

Supplement No. 1 to Part 740--Country Groups

* * * * *

Country Group D

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                [D:5] U.S. Arms
                              Country                                 [D:1] National   [D:2] Nuclear    [D:3] Chemical   [D:4] Missile       embargoed
                                                                         security                       &  biological      technology     countries \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Burma..............................................................               X                                 x                                 x

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Note to Country Group D:5: Countries subject to U.S. arms embargoes are identified by the State Department through notices published in the Federal
  Register. The list of arms embargoed destinations in this table is drawn from 22 CFR 126.1 and State Department Federal Register notices related to
  arms embargoes (compiled at http://www.pmddtc.state.gov/embargoed_countries/index.html) and will be amended when the State Department publishes
  subsequent notices. If there are any discrepancies between the list of countries in this table and the countries identified by the State Department as
  subject to a U.S. arms embargo (in the Federal Register), the State Department's list of countries subject to U.S. arms embargoes shall be
  controlling.

* * * * *

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
4. The authority citation for part 742 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 12, 2019, 84 FR 61817 (November
13, 2019).

0
5. Section 742.4 is amended by revising paragraph (b) (7) to read as
follows:

Sec.  742.4  National security.

* * * * *
    (b) * * *
    (7)(i) For Burma, the People's Republic of China (China), the
Russian Federation, and Venezuela, all applications will be reviewed to
determine the risk of diversion to a military end user or military end
use. There is a general policy of approval for license applications to
export, reexport, or transfer items determined to be for civil end
users for civil end uses. There is a presumption of denial for license
applications to export, reexport, or transfer items that would make a
material contribution to the ``development,'' ``production,''
maintenance, repair, or operation of weapons systems, subsystems, and
assemblies, such as, but not limited to, those described in supplement
no. 7 to part 742 of the EAR, of Burma, China, the Russian Federation,
or Venezuela.
    (ii) The following factors are among those that will be considered
in reviewing license applications described in paragraph (b)(7)(i) of
this section:
    (A) The appropriateness of the export, reexport, or transfer for
the stated end use;
    (B) The significance of the item for the weapon systems
capabilities of the importing country;
    (C) Whether any party is a `military end user' as defined in Sec.
744.21(g) of the EAR;
    (D) The reliability of the parties to the transaction, including
whether:
    (1) An export or reexport license application has previously been
denied;
    (2) Any parties are or have been engaged in unlawful procurement or
diversion activities;
    (3) The parties are capable of securely handling and storing the
items; and
    (4) End-use checks have been and may be conducted by BIS or another
U.S. government agency on parties to the transaction;
    (E) The involvement of any party to the transaction in military
activities, including activities involving the ``development,''
``production,'' maintenance, repair, or operation of weapons systems,
subsystems, and assemblies;
    (F) Government strategies and policies that support the diversion
of exports from their stated civil end use and redirection towards
military end use.
    (G) The scope and effectiveness of the export control system in the
importing country; and
    (iii) The review will also include an assessment of the impact of a
proposed export of an item on the United States defense industrial base
and the denial of an application for a license that would have a
significant negative impact, as defined in Sec.  1756(d)(3) of the
Export Control Reform Act of 2018 (50 U.S.C. 4815(d)(3)), on such
defense industrial base.
* * * * *

PART 744--CONTROL POLICY: END-USER AND END-USE BASED

0
6. The authority citation for part 744 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 18, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).

0
7. Section 744.21 is revised to read as follows:

Sec.  744.21  Restrictions on certain `military end use' or `military
end user' in Burma, The People's Republic of China, The Russian
Federation, or Venezuela.

    (a) General prohibition. In addition to the license requirements
for items specified on the Commerce Control List (CCL), you may not
export, reexport, or transfer (in-country) any item subject to the EAR
listed in supplement no. 2 to part 744 to Burma, the People's Republic
of China (China), the Russian Federation, or Venezuela without a
license if, at the time of the export, reexport, or transfer (in-
country), you have ``knowledge,'' as defined in Sec.  772.1 of the EAR,
that the item is intended, entirely or in part, for a `military end
use,' as defined in paragraph (f) of this section, or `military end
user,' as defined in paragraph (g) of this section, in Burma, China,
the Russian Federation, or Venezuela.
    (b) Additional prohibition on those informed by BIS. BIS may inform
you either individually by specific notice, through amendment to the
EAR published in the Federal Register, or through a separate notice
published in the Federal Register, that a license is required for
specific exports, reexports, or transfers (in-country) of any item
because there is an unacceptable risk of use in or diversion to a
`military end use' or `military end user' in Burma, China, the Russian
Federation, or Venezuela. Specific notice will be given only by, or at
the direction of, the Deputy Assistant Secretary for Export
Administration. When such notice is provided orally, it will be
followed by written notice within two working days signed by the Deputy
Assistant Secretary for Export Administration or the Deputy Assistant
Secretary's

designee. The absence of BIS notification does not excuse the exporter
from compliance with the license requirements of paragraph (a) of this
section.
    (1) `Military End-User' (MEU) List. BIS may inform and provide
notice to the public that certain entities are subject to the
additional prohibition described under this paragraph (b) following a
determination by the End-User Review Committee (ERC) that a specific
entity is a `military end user' pursuant to this section and therefore
any exports, reexports, or transfers (in-country) to that entity
represent an unacceptable risk of use in or diversion to a `military
end use' or `military end user' in Burma, China, the Russian
Federation, or Venezuela. Such entities may be added to supplement No.
7 to part 744--`Military End-User' (MEU) List through Federal Register
notices published by BIS, and will thus be subject to a license
requirement for exports, reexports, or transfers (in-country) of items
specified in supplement No. 2 to part 744. The listing of entities
under supplement No. 7 to part 744 is not an exhaustive listing of
`military end users' for purposes of this section. Exporters,
reexporters, and transferors are responsible for determining whether
transactions with entities not listed on supplement No. 7 to part 744
are subject to a license requirement under paragraph (a) of this
section. The process in paragraph this (b)(1) for placing entities on
the MEU List is only one method BIS may use to inform exporters,
reexporters, and transferors of license requirements under this
section.
    (i) End-User Review Committee (ERC). The End-User Review Committee
(ERC), composed of representatives of the Departments of Commerce
(Chair), State, Defense, Energy and, where appropriate, the Treasury,
makes all decisions regarding additions to, removals from, or other
modifications to the MEU List. Decisions by the ERC for purposes of the
MEU List will be made following the procedures identified in this
section and in supplement no. 5 to part 744--Procedures for End-User
Review Committee Entity List and `Military End User' (MEU) List
Decisions.
    (ii) License requirement for parties to the transaction. The
license requirement for entities listed in supplement no. 7 to part 744
applies to the export, reexport, or transfer (in-country) of any item
subject to the EAR listed in supplement No. 2 to part 744 when an
entity that is listed on the MEU List is a party to the transaction as
described in Sec.  748.5(c) through (f).
    (2) Requests for removal from or modification of `Military End
User' (MEU) List. Any entity listed on the MEU List may request that
its listing be removed or modified. All such requests, including
reasons therefor, must be in writing and sent to: Chair, End-User
Review Committee, Bureau of Industry and Security, U.S. Department of
Commerce, 14th Street and Pennsylvania Avenue NW, Room 3886,
Washington, DC 20230. In order for an entity listed on the MEU List to
petition BIS for their removal or modification, as applicable, the
entity must address why the entity is not a `military end user' for
purposes of this section.
    (i) Review. The ERC will review such requests for removal or
modification in accordance with the procedures set forth in supplement
No. 5 to part 744.
    (ii) BIS action. The Deputy Assistant Secretary for Export
Administration will convey the decision on the request to the requester
in writing. That decision will be the final agency action on the
request.
    (c) License exception. Despite the prohibitions described in
paragraphs (a) and (b) of this section, you may export, reexport, or
transfer (in-country) items subject to the EAR under the provisions of
License Exception GOV set forth in Sec.  740.11(b)(2)(i) and (ii) of
the EAR.
    (d) License application procedure. When submitting a license
application pursuant to this section, you must state in the
``additional information'' block of the application that ``this
application is submitted because of the license requirement in this
section. In addition, either in the additional information block of the
application or in an attachment to the application, you must include
all known information concerning the `military end use' and `military
end user(s)' of the item(s). If you submit an attachment with your
license application, you must reference the attachment in the
``additional information'' block of the application.
    (e) License review standards. (1) Applications to export, reexport,
or transfer (in-country) items described in paragraph (a) of this
section will be reviewed with a presumption of denial.
    (2) Applications may be reviewed under chemical and biological
weapons, nuclear nonproliferation, or missile technology review
policies, as set forth in Sec. Sec.  742.2(b)(4), 742.3(b)(4), and
742.5(b)(4) of the EAR, if the end use may involve certain
proliferation activities.
    (3) Applications for items requiring a license for any reason that
are destined to Burma, China, the Russian Federation, or Venezuela for
a `military end use' or `military end user' also will be subject to the
review policy stated in paragraph (e)(1) of this section.
    (f) Military end use. In this section, `military end use' means:
Incorporation into a military item described on the U.S. Munitions List
(USML) (22 CFR part 121, International Traffic in Arms Regulations);
incorporation into items classified under ECCNs ending in ``A018'' or
under ``600 series'' ECCNs; or any item that supports or contributes to
the operation, installation, maintenance, repair, overhaul,
refurbishing, ``development,'' or ``production,'' of military items
described on the USML, or items classified under ECCNs ending in
``A018'' or under ``600 series'' ECCNs.
    (g) Military end user. In this section, the term `military end
user' means the national armed services (army, navy, marine, air force,
or coast guard), as well as the national guard and national police,
government intelligence or reconnaissance organizations, or any person
or entity whose actions or functions are intended to support `military
end uses' as defined in paragraph (f) of this section.
    (h) Effects on contracts. Venezuela: Transactions involving the
export, reexport, or transfer (in country) of items to or within
Venezuela are not subject to the provisions of Sec.  744.21 if the
contracts for such transactions were signed prior to November 7, 2014.

Supplement No. 7 to Part 744 [Amended]

0
8. The Supplement No.7 to Part 744 table is amended by:
0
a. Removing from the last sentence of the introductory text the phrase
`supplement no. 2 to part 744' and adding in its place the phrase
``this supplement 7 to part 744''; and
0
b. In the table adding in alphabetical order an entry for ``BURMA''.
    The addition reads as follows:
* * * * *

------------------------------------------------------------------------
                                                              Federal
                 Country                      Entity         Register
                                                             citation
------------------------------------------------------------------------
Burma...................................      [Reserved]      [Reserved]

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

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-04745 Filed 3-4-21; 4:15 pm]
BILLING CODE 3510-33-P


[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38102-38103]
[FR Doc No: 2021-15170]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0369]

Product-Specific Guidance for Cilastatin Sodium; Imipenem;
Relebactam; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, Health and Human Services (HHS).

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled ``Draft
Guidance for Cilastatin Sodium; Imipenem; Relebactam.'' The draft
guidance, when finalized, will provide product-specific recommendations
on, among other things, the design of bioequivalence (BE) studies to
support abbreviated new drug applications (ANDAs) for cilastatin
sodium; imipenem; relebactam for injection.

DATES: Submit either electronic or written comments on the draft
guidance by September 17, 2021 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the

public, submit the comment as a written/paper submission and in the
manner detailed (see ``Written/Paper Submissions'' and
``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2007-D-0369 for ``Draft Guidance for Cilastatin Sodium; Imipenem;
Relebactam.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Christine Le, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 4714, Silver Spring, MD 20993-0002, 301-
796-2398 and/or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 11, 2010 (75 FR 33311), FDA
announced the availability of a guidance for industry entitled
``Bioequivalence Recommendations for Specific Products,'' which
explained the process that would be used to make product-specific
guidances available to the public on FDA's website at https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs.
    As described in that guidance, FDA adopted this process to develop
and disseminate product-specific guidances and to provide a meaningful
opportunity for the public to consider and comment on the guidances.
This notice announces the availability of a draft guidance on a generic
Cilastatin Sodium; Imipenem; Relebactam for injection.
    FDA initially approved new drug application 212819 RECARBRIO
(cilastatin sodium; imipenem; relebactam for injection) in July 2019.
We are now issuing a draft guidance for industry on generic cilastatin
sodium; imipenem; relebactam for injection (``Draft Guidance on
Cilastatin Sodium; Imipenem; Relebactam'').
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on, among other
things, the design of BE studies to support ANDAs for cilastatin
sodium; imipenem; relebactam for injection. It does not establish any
rights for any person and is not binding on FDA or the public. You can
use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    FDA tentatively concludes that this draft guidance contains no
collection of information. Therefore, clearance by the Office of
Management and Budget under the Paperwork Reduction Act of 1995 is not
required.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov.

    Dated: July 12, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-15170 Filed 7-16-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Notices]
[Pages 49281-49282]
[FR Doc No: 2019-20264]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12726-002]

Warm Springs Hydro, LLC; Notice of Application Accepted for
Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Recommendations, Terms
and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.

    a. Type of Application: Original minor license.
    b. Project No.: P-12726-002.
    c. Date filed: April 1, 2019.
    d. Applicant: Warm Springs Hydro, LLC (Warm Springs).
    e. Name of Project: Rock Creek Hydroelectric Project.
    f. Location: The Rock Creek Hydroelectric Project is located on
Rock Creek in Haines County, Oregon. The project would occupy 1.8 acres
of the Wallowa Whitman National Forest, which is administered by the
U.S. Forest Service.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Mr. Nicholas E. Josten, GeoSense, 2742 Saint
Charles Avenue, Idaho Falls, ID 43404,<PHONE_NUMBER>.
    i. FERC Contact: Kelly Wolcott at<PHONE_NUMBER>; or at
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, terms and conditions, and preliminary prescriptions:
60 days from the issuance date of this notice; reply comments are due
105 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, terms and
conditions, and preliminary fishway prescriptions using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-12726-002.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. Project Description: The proposed project would consist of: (1)
A new diversion and fish screen on Rock Creek; (2) a new 8,300-foot-
long, 18 to 24-inch-diameter low pressure penstock, to be buried in an
existing flume right-of-way and ending at the top of the ridge above
the power plant site; (3) a new 3,100-foot-long, 20 to 24-inch-diameter
high pressure penstock, extending from the end of the low pressure
pipeline to the new powerhouse; (4) a new approximately 20-foot-long,
15-foot-wide powerhouse, located adjacent to Rock Creek just above the
Wilcox Ditch diversion, containing a single 0.85-megawatt Pelton
turbine; and (5) a 500-foot-long 12.5-kilovolt transmission line to
deliver energy from the powerhouse to an Oregon Trail Electric
Consumers Cooperative distribution line; and (6) appurtenant
facilities. The estimated average annual generation is 3,900-megawatt
hours.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room, or may be viewed on the
Commission's website 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
Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Anyone may submit a protest or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, .211, and .214. In determining the appropriate action to
take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on, or
before, the specified comment date for the particular application.
    All filings must: (1) Bear in all capital letters the title
PROTEST, MOTION TO INTERVENE, COMMENTS, REPLY COMMENTS,
RECOMMENDATIONS, TERMS AND CONDITIONS, or PRELIMINARY FISHWAY
PRESCRIPTIONS; (2) set forth in the heading the name of the applicant
and the project number of the application to which the filing responds;
(3) furnish

the name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions, or preliminary prescriptions must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). Agencies may obtain copies of the application directly from
the applicant. A copy of any protest or motion to intervene must be
served upon each representative of the applicant specified in the
particular application. A copy of all other filings in reference to
this application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    o. Warm Springs intends to seek benefits under Sec.  210 of the
Public Utility Regulatory Policy Act of 1978 (PURPA), and believes that
the project meets the definition under Sec.  292.202(p) of 18 CFR for a
new dam or diversion. As such, the U.S. Fish and Wildlife Service, the
National Marine Fisheries Service, and the state agency exercising
authority over the fish and wildlife resources of the state have
mandatory conditioning authority under the procedures provided for at
Sec.  30(c) of the Federal Power Act (Act).
    p. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.
    q. Procedural schedule: The application will be processed according
to the following revised Hydro Licensing Schedule. Further revisions to
the schedule will be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Filing comments, recommendations, terms  November 2019.
 and conditions, and preliminary
 fishway prescriptions.
Commission issues EA...................  June 2020.
Comments on EA due.....................  July 2020.
------------------------------------------------------------------------

    r. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.

    Dated: September 13, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-20264 Filed 9-18-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Notices]
[Pages 3624-3625]
[FR Doc No: 2022-01293]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34474; 812-15264]

Catholic Responsible Investments Funds and Christian Brothers
Investment Services, Inc.; Notice of Application

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

ACTION: Notice.

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

    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements in rule 20a-1 under the Act, Item 19(a)(3) of
Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A under the Securities Exchange Act of 1934, and sections 6-
07(2)(a), (b), and (c) of Regulation S-X (``Disclosure Requirements'').
The requested exemption would permit an investment adviser to hire and
replace certain sub-advisers without shareholder approval and grant
relief from the Disclosure Requirements as they relate to fees paid to
the sub-advisers.

Applicants:  Catholic Responsible Investments Funds (the ``Trust''), a
Delaware statutory trust registered under the Act as an open-end
management investment company with multiple series (each a ``Fund'')
and Christian Brothers Investment Services, Inc. (the ``Adviser''), an
Illinois corporation that is registered as an investment adviser under
the Investment Advisers Act of 1940 (collectively with the Trust, the
``Applicants'').

Filing Dates:  The application was filed on September 20, 2021, and
amended on December 27, 2021.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on February 14, 2022, 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 writing to the
Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants: The
Trust, [email protected], and the Adviser, [email protected] (with
a copy to [email protected][email protected]).

FOR FURTHER INFORMATION CONTACT: Adam R. Bolter, Senior Counsel, at
(202) 674-8049, or Lisa Reid Ragen, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

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

Summary of the Application

    1. The Adviser will serve as the investment adviser to each Sub-
Advised Fund pursuant to an investment advisory agreement with the
Trust (the ``Investment Management Agreement'').\1\ Under the terms of
each Investment Management Agreement, the Adviser, subject to the
supervision of the board of trustees of the Trust (the ``Board'') will
provide continuous investment management of the assets of each Sub-
Advised Fund. Consistent with the terms of each Investment Management
Agreement, the Adviser may, subject to the approval of the Board,
delegate portfolio management responsibilities of all or a portion of
the assets of a Sub-Advised Fund to one or more Sub-Advisers.\2\ The
Adviser will continue to have overall responsibility for the management
and investment of the assets of each Sub-Advised Fund. The Adviser will
evaluate, select and recommend Sub-Advisers to manage the assets of a
Sub-Advised Fund and will oversee, monitor, and review the Sub-Advisers
and their performance and recommend the removal or replacement of Sub-
Advisers.
---------------------------------------------------------------------------

    \1\ Applicants request relief with respect to the named
Applicants, including the Existing Funds, as well as to any future
series of the Trust and any other registered open-end management
investment company or series thereof that: (a) Is advised by the
Adviser or any entity controlling, controlled by or under common
control with the Adviser or its successors (each, an ``Adviser'');
(b) uses the multi-manager structure described in the application;
and (c) complies with the terms and conditions set forth in the
application (each, a ``Sub-Advised Fund''). For purposes of the
requested order, ``successor'' is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \2\ A ``Sub-Adviser'' for a Sub-Advised Fund is (1) an indirect
or direct ``wholly-owned subsidiary'' (as such term is defined in
the Act) of the Adviser for that Sub-Advised Fund, or (2) a sister
company of the Adviser for that Sub-Advised Fund that is an indirect
or direct ``wholly-owned subsidiary'' of the same company that,
indirectly or directly, wholly owns the Adviser (each of (1) and (2)
a ``Wholly-Owned Sub-Adviser'' and collectively, the ``Wholly-Owned
Sub-Advisers''), or (3) not an ``affiliated person'' (as such term
is defined in section 2(a)(3) of the Act) of the Sub-Advised Fund,
the Trust, or the Adviser, except to the extent that an affiliation
arises solely because the Sub-Adviser serves as a sub-adviser to a
Sub-Advised Fund (``Non-Affiliated Sub-Adviser'').
---------------------------------------------------------------------------

    2. Applicants request an order to permit the Adviser, subject to
Board approval, to enter into investment sub-advisory agreements with
the Sub-Advisers (each, a ``Sub-Advisory Agreement'') and materially
amend such Sub-Advisory Agreements without obtaining the shareholder
approval required under section 15(a) of the Act and rule 18f-2 under
the Act.\3\ Applicants also seek an exemption from the Disclosure
Requirements to permit a Sub-Advised Fund to disclose (as both a dollar
amount and a percentage of the Sub-Advised Fund's net assets): (a) The
aggregate fees paid to the Adviser and any Wholly-Owned Sub-Adviser;
(b) the aggregate fees paid to Non-Affiliated Sub-Advisers; and (c) the
fee paid to each Affiliated Sub-Adviser (collectively, ``Aggregate Fee
Disclosure'').
---------------------------------------------------------------------------

    \3\ The requested relief will not extend to any sub-adviser,
other than a Wholly-Owned Sub-Adviser, who is an affiliated person,
as defined in section 2(a)(3) of the Act, of the Sub-Advised Fund or
of the Adviser, other than by reason of serving as a sub-adviser to
one or more of the Sub-Advised Funds (``Affiliated Sub-Adviser'').
---------------------------------------------------------------------------

    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Such terms and conditions provide for, among other safeguards,
appropriate disclosure to Sub-Advised Fund shareholders and
notification about sub-advisory changes and enhanced Board oversight to
protect the interests of the Sub-Advised Fund's shareholders.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the protection of investors and
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard
because, as further explained in the application, the Investment
Management Agreements will remain subject to shareholder approval while
the role of the Sub-Advisers is substantially equivalent to that of
individual portfolio managers, so that requiring shareholder approval
of Sub-Advisory Agreements would impose unnecessary delays and expenses
on the Sub-Advised Funds. Applicants believe that the requested relief
from the Disclosure Requirements meets this standard because it will
improve the Adviser's ability to negotiate fees paid to the Sub-
Advisers that are more advantageous for the Sub-Advised Funds.
    For the Commission, by the Division of Investment Management, under
delegated authority.

    Dated: January 19, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-01293 Filed 1-21-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Pages 70775-70777]
[FR Doc No: 2015-29147]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-557-000]

Total Peaking Services, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Vaporization Capacity
Increase and Bog Compressor Project, and Request for Comments on
Environmental Issues

November 9, 2015.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Vaporization Capacity Increase
and BOG Compressor Project (Project) involving construction and
operation of facilities by Total Peaking Services, LLC (Total Peaking)
in Milford, Connecticut. The Commission will use this EA in its
decision-making process to determine whether the Project is in the
public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the Project. You can make a difference by providing us with
your specific comments or concerns about the Project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EA. To ensure that your comments are timely and
properly recorded, please send your comments so that the Commission
receives them in Washington, DC on or before December 9, 2015.
    If you sent comments on this Project to the Commission before the
opening of this docket on September 22, 2015, you will need to file
those comments in Docket No. CP15-557-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this Project. State and local government
representatives should notify their constituents of this proposed
Project and encourage them to comment on their areas of concern.
    Total Peaking provided affected landowners with a fact sheet
prepared by the FERC entitled ``An Interstate Natural Gas Facility On
My Land? What Do I Need To Know?'' This fact sheet addresses a number
of typically asked questions, including how to participate in the
Commission's proceedings. It is also available for viewing on the FERC
Web site (www.ferc.gov).

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the Project docket number
(CP15-557-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    Total Peaking proposes to modify its existing liquefied natural gas
peak shaving facility \1\ in Milford, Connecticut to increase the
vaporization send out capabilities from 90 million standard cubic feet
per day (MMscf/d) to 105 MMscf/d. According to Total Peaking, the
Project would meet its future system needs and projected peak day
requirements.
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    \1\ Peak shaving facilities liquefy and store natural gas during
warmer months for vaporization and injection into natural gas
pipelines during peak conditions such as cold weather.
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    The Project would consist of the following modifications:

 Installation of two new vaporizers and removal of three
existing vaporizers;
     installation of an additional boiloff gas (BOG)
compressor;
     installation of a 1,500 kilovolt-ampere transformer and
three new 400 kilowatt emergency generators to replace the existing
transformer and emergency generator; and
     installation of a new 4,160 volt electric interconnection
service line to provide the LNG facility with additional electricity to
operate the new vaporization equipment.
    The general location of the Project facilities is shown in appendix
1.\2\
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    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Land Requirements for Construction

    Construction of the proposed facilities would occur entirely within
the fence line of the existing facility on paved and graveled areas.
The construction would disturb about 0.44 acres of land within the
approximately 24-acre facility site. Permanent operation of the
Project's facilities would require about 0.18 acres.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
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    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed Project under these
general headings:
     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species;
     public safety; and
     cumulative impacts
    We will also evaluate reasonable alternatives to the proposed
Project or portions of the Project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this Project to formally cooperate with us in the preparation of the
EA.\4\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
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    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the Project's potential effects on
historic properties.\5\ We will define the Project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the Project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this Project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
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    \5\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

    The environmental mailing list includes: Federal, state, and local
government representatives and agencies; elected officials; Native
American Tribes; other interested parties; and local libraries and
newspapers. This list also includes all affected landowners (as defined
in the Commission's regulations) who are potential right-of-way
grantors, whose property may be used temporarily for Project purposes,
or who own homes within certain distances of aboveground facilities,
and anyone who submits comments on the Project. We will update the
environmental mailing list as the analysis proceeds to ensure that we
send the information related to this environmental review to all
individuals, organizations, and government entities interested in and/
or potentially affected by the proposed Project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the ``Document-less Intervention Guide'' under the ``e-filing'' link on
the Commission's Web site. Motions to intervene are more fully
described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number

field (i.e., CP15-557). Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: November 9, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-29147 Filed 11-13-15; 8:45 am]
BILLING CODE 6717-01-P