[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Notices]
[Pages 28917-28918]
[FR Doc No: 2016-10983]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32105; 812-14566]

Franklin Templeton ETF Trust, et al.; Notice of Application

May 5, 2016.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Act and rule 22c-1
under the Act, under sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and 17(a)(2) of the Act, and under
section 12(d)(1)(J) for an exemption from sections 12(d)(1)(A) and
12(d)(1)(B) of the Act. The requested order would permit (a) index-
based series of certain open-end management investment companies
(``Funds'') to issue shares redeemable in large aggregations only
(``Creation Units''); (b) secondary market transactions in Fund shares
to occur at negotiated market prices rather than at net asset value
(``NAV''); (c) certain Funds to pay redemption proceeds, under certain
circumstances, more than seven days after the tender of shares for
redemption; (d) certain affiliated persons of a Fund to deposit
securities into, and receive securities from, the Fund in connection
with the purchase and redemption of Creation Units; (e) certain
registered management investment companies and unit investment trusts
outside of the same group of investment companies as the Funds (``Funds
of Funds'') to acquire shares of the Funds; and (f) certain Funds
(``Feeder Funds'') to create and redeem Creation Units in-kind in a
master-feeder structure.

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    Applicants: Franklin Templeton ETF Trust (the ``Trust''), a
Delaware statutory trust that will register under the Act as an open-
end management investment company with multiple series, Franklin
Advisers, Inc. (the ``Initial Adviser), a California Corporation that
is registered as an investment adviser under the Investment Advisers
Act of 1940, and Franklin Templeton Distributors, Inc., a New York
Corporation (together with any future distributor, the
``Distributor'').

DATES: Filing Dates: The application was filed on October 16, 2015, and
amended on April 11, 2016.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on May 27, 2016, and should be accompanied by proof of
service on 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: Secretary, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-1090; Applicants: Franklin Templeton
Investments, One Franklin Parkway, San Mateo, California 94403-1906.

FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, at
(202) 551-6876 or Mary Kay Frech, at<PHONE_NUMBER> (Division of
Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.
    Summary of the Application
    1. Applicants request an order that would allow Funds to operate as
index exchange traded funds (``ETFs'').\1\ Fund shares will be
purchased and redeemed at their NAV in Creation Units only. All orders
to purchase Creation Units and all redemption requests will be placed
by or through an ``Authorized Participant'', which will have signed a
participant agreement with the Distributor. Shares will be listed and
traded individually on a national securities exchange, where share
prices will be based on the current bid/offer market. Certain Funds may
operate as Feeder Funds in a master-feeder structure. Any order
granting the requested relief would be subject to the terms and
conditions stated in the application.
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    \1\ Applicants request that the order apply to the initial
series of the Trust and any additional series of the Trust, and any
other existing or future open-end management investment company or
series thereof (each, included in the term ``Fund''), each of which
will operate as an ETF and will track a specified index comprised of
domestic or foreign equity and/or fixed income securities (each, an
``Underlying Index''). Any Fund will (a) be advised by the Initial
Adviser or an entity controlling, controlled by, or under common
control with the Initial Adviser (each, an ``Adviser'') and (b)
comply with the terms and conditions of the application.
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    2. Each Fund will hold investment positions selected to correspond
generally to the performance of an Underlying Index. In the case of
Self-Indexing Funds, an affiliated person, as defined in section
2(a)(3) of the Act (``Affiliated Person''), or an affiliated person of
an Affiliated Person (``Second-Tier Affiliate''), of the Trust or a
Fund, of the Adviser, of any sub-adviser to or promoter of a Fund, or
of the Distributor will compile, create, sponsor or maintain the
Underlying Index.\2\
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    \2\ Each Self-Indexing Fund will post on its Web site the
identities and quantities of the investment positions that will form
the basis for the Fund's calculation of its NAV at the end of the
day. Applicants believe that requiring Self-Indexing Funds to
maintain full portfolio transparency will help address, together
with other protections, conflicts of interest with respect to such
Funds.
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    3. Shares will be purchased and redeemed in Creation Units and
generally on an in-kind basis. Except where the purchase or redemption
will include cash under the limited circumstances specified in the
application, purchasers will be required to purchase Creation Units by
depositing specified instruments (``Deposit Instruments''), and
shareholders redeeming their shares will receive specified instruments
(``Redemption Instruments''). The Deposit Instruments and the
Redemption Instruments will each correspond pro rata to the positions
in the Fund's portfolio (including cash

positions) except as specified in the application.
    4. Because shares will not be individually redeemable, applicants
request an exemption from section 5(a)(1) and section 2(a)(32) of the
Act that would permit the Funds to register as open-end management
investment companies and issue shares that are redeemable in Creation
Units only.
    5. Applicants also request an exemption from section 22(d) of the
Act and rule 22c-1 under the Act as secondary market trading in shares
will take place at negotiated prices, not at a current offering price
described in a Fund's prospectus, and not at a price based on NAV.
Applicants state that (a) secondary market trading in shares does not
involve a Fund as a party and will not result in dilution of an
investment in shares, and (b) to the extent different prices exist
during a given trading day, or from day to day, such variances occur as
a result of third-party market forces, such as supply and demand.
Therefore, applicants assert that secondary market transactions in
shares will not lead to discrimination or preferential treatment among
purchasers. Finally, applicants represent that share market prices will
be disciplined by arbitrage opportunities, which should prevent shares
from trading at a material discount or premium from NAV.
    6. With respect to Funds that effect creations and redemptions of
Creation Units in kind and that are based on certain Underlying Indexes
that include foreign securities, applicants request relief from the
requirement imposed by section 22(e) in order to allow such Funds to
pay redemption proceeds within fifteen calendar days following the
tender of Creation Units for redemption. Applicants assert that the
requested relief would not be inconsistent with the spirit and intent
of section 22(e) to prevent unreasonable, undisclosed or unforeseen
delays in the actual payment of redemption proceeds.
    7. Applicants request an exemption to permit Funds of Funds to
acquire Fund shares beyond the limits of section 12(d)(1)(A) of the
Act; and the Funds, and any principal underwriter for the Funds, and/or
any broker or dealer registered under the Securities Exchange Act of
1934, to sell shares to Funds of Funds beyond the limits of section
12(d)(1)(B) of the Act. The application's terms and conditions are
designed to, among other things, help prevent any potential (i) undue
influence over a Fund through control or voting power, or in connection
with certain services, transactions, and underwritings, (ii) excessive
layering of fees, and (iii) overly complex fund structures, which are
the concerns underlying the limits in sections 12(d)(1)(A) and (B) of
the Act.
    8. Applicants request an exemption from sections 17(a)(1) and
17(a)(2) of the Act to permit persons that are Affiliated Persons, or
Second Tier Affiliates, of the Funds, solely by virtue of certain
ownership interests, to effectuate purchases and redemptions in-kind.
The deposit procedures for in-kind purchases of Creation Units and the
redemption procedures for in-kind redemptions of Creation Units will be
the same for all purchases and redemptions and Deposit Instruments and
Redemption Instruments will be valued in the same manner as those
investment positions currently held by the Funds. Applicants also seek
relief from the prohibitions on affiliated transactions in section
17(a) to permit a Fund to sell its shares to and redeem its shares from
a Fund of Funds, and to engage in the accompanying in-kind transactions
with the Fund of Funds.\3\ The purchase of Creation Units by a Fund of
Funds directly from a Fund will be accomplished in accordance with the
policies of the Fund of Funds and will be based on the NAVs of the
Funds.
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    \3\ The requested relief would apply to direct sales of shares
in Creation Units by a Fund to a Fund of Funds and redemptions of
those shares. Applicants, moreover, are not seeking relief from
section 17(a) for, and the requested relief will not apply to,
transactions where a Fund could be deemed an Affiliated Person, or a
Second-Tier Affiliate, of a Fund of Funds because an Adviser or an
entity controlling, controlled by or under common control with an
Adviser provides investment advisory services to that Fund of Funds.
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    9. Applicants also request relief to permit a Feeder Fund to
acquire shares of another registered investment company managed by the
Adviser having substantially the same investment objectives as the
Feeder Fund (``Master Fund'') beyond the limitations in section
12(d)(1)(A) and permit the Master Fund, and any principal underwriter
for the Master Fund, to sell shares of the Master Fund to the Feeder
Fund beyond the limitations in section 12(d)(1)(B).
    10. Section 6(c) of the Act permits the Commission to exempt any
persons or transactions from any provision of the Act if such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities, or
transactions, from any provision of section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.
Section 17(b) of the Act authorizes the Commission to grant an order
permitting a transaction otherwise prohibited by section 17(a) if it
finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-10983 Filed 5-9-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Notices]
[Pages 58803-58804]
[FR Doc No: 2011-24304]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RD11-4-000]

Commission Information Collection Activities (FERC-725A); Comment
Request; Submitted for OMB Review

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission or FERC) has submitted the
information collection described below to the Office of Management and
Budget (OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission issued a Notice in the Federal Register (76 FR 23801,
04/28/2011) requesting public comments. FERC received no comments on
the FERC-725A and has made this notation in its submission to OMB.

DATES: Comments in consideration of the collection of information are
due October 24, 2011.

ADDRESSES: Comments may be filed either electronically (eFiled) or in
paper format, and should refer to Docket No. RD11-4-000. Documents must
be prepared in an acceptable filing format and in compliance with
Commission submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. eFiling instructions are available at: http://www.ferc.gov/docs-filing/efiling.asp. First time users must follow
eRegister instructions at: http://www.ferc.gov/docs-filing/eregistration.asp, to establish a username and password before eFiling.
The Commission will send an automatic acknowledgement to the sender's
e-mail address upon receipt of eFiled comments. Commenters making an
eFiling should not make a paper filing. Commenters that are not able to
file electronically must send an original of their comments to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street, NE., Washington, DC 20426.
    Users interested in receiving automatic notification of activity in
this docket may do so through eSubscription at http://www.ferc.gov/docs-filing/esubscription.asp. In addition, all comments and FERC
issuances may be viewed, printed or downloaded remotely through FERC's
eLibrary at http://www.ferc.gov/docs-filing/elibrary.asp, by searching
on Docket No. RD11-4-000. For user assistance, contact FERC Online
Support by e-mail at<EMAIL_ADDRESS>or by phone at: (866)
208-3676 (toll-free), or<PHONE_NUMBER> for TTY.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by e-mail
at<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION: The information collected under the order in
Docket No. RD11-4-000 under the requirements of FERC-725A, ``Mandatory
Reliability Standards for the Bulk-Power System'' (OMB No. 1902-0244),
is required by Commission-approved Reliability Standard EOP-008-1 (Loss
of Control Center Functionality) that requires reliability
coordinators, transmission operators, and balancing authorities to have
an operating plan and facilities for backup functionality to ensure
Bulk-Power System reliability in the event that a control center
becomes inoperable. The standard consists of eight requirements.
    Requirement R1 requires each applicable entity to have a current
operating plan describing the manner in which it will continue to meet
its functional obligations in the event that its primary control center
functionality is lost. Requirement R2 instructs each applicable entity
to have a copy of its current plan for backup functionality at its
primary control center and at the location providing backup
functionality. Requirement R3 mandates that each reliability
coordinator have a backup control center that provides functionality
sufficient to maintain compliance with all Reliability Standards that
depend on primary control center functionality.
    Requirement R4 directs balancing authorities and transmission
operators to have a backup functionality, either through a facility or
contracted services, to maintain compliance with all Reliability
Standards that depend on their primary control center functionality.
Requirement R5 requires each applicable entity to review annually and
approve its plan for backup functionality. Requirement R6 mandates that
primary and backup functionality cannot depend on each other, and
Requirement R7 requires each applicable entity to annually test and
document the results of its plan demonstrating the transition time
between the simulated loss of the primary control center and the full
implementation of the backup functionality. Finally, each reliability
coordinator, balancing authority or transmission operator that
experiences a loss of either primary or backup functionality
anticipated to last for more than six months must, in accordance with
Requirement R8, provide a plan to its Regional Entity within six
calendar months of the date when functionality is lost showing how it
will re-establish such functionality.
    Rather than creating entirely new obligations with respect to the
loss of control center functionality, Reliability Standard EOP-008-1
upgrades existing planning requirements. The standard does not impose
entirely new burdens on the effected entities, but it does impose new
requirements regarding the approval, placement, documentation and
updating of plans as well as requires entities that may not already
possess backup functionality to obtain, possibly through contractual
arrangements, backup capabilities.
    Burden Statement: Public reporting burden resulting from the
approval of Reliability Standard EOP-008-1 is estimated as:

----------------------------------------------------------------------------------------------------------------
                                      Number of       Number of                                    Total annual
    Changes to FERC-725A data        respondents    responses per     Average burden hours per     hours ( A x B
            collection              annually (A)   respondent (B)           response (C)               x C )
----------------------------------------------------------------------------------------------------------------
Review and possible revision of               215               1  20...........................           4,300
 plan (one-time).

Updating, approving, and                      215               1  Compliance: 6................           1,290
 maintaining records.                                              Recordkeeping: 2.............             430
Balancing authorities and                      27               1  120..........................           3,240
 transmission operators
 contracting for backup
 functionality (one-time).
    Total one-time...............  ..............  ..............  .............................           7,540
    Total recurring..............  ..............  ..............  .............................           1,720
                                  ==============================================================================
        Total....................  ..............  ..............  .............................           9,260
----------------------------------------------------------------------------------------------------------------

    Estimated one-time cost burden to respondents is $904,800; [i.e.,
7540 hours @ $120 an hour (compliance cost) for the first year equals
$904,800)]. In subsequent years, respondents will incur an estimated
cost burden of $166,840; [i.e., (1290 hours @ $120 an hour (compliance
cost)) + 430 hours @ $28 an hour (recordkeeping cost) equals $166,840
\1\]. The average annual recurring cost burden per respondent is $776
($166,840/215 = $776).
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    \1\ The order approving Reliability Standard EOP-008-1
mistakenly used the $120 an hour figure for all the reoccurring
hours. This caused an overstatement of the reoccurring cost burden
by $39,560 ($206,400 reported in the order minus the corrected
figure of $166,840 equals 166,840), because 430 hours should have
been calculated at the lower recordkeeping figure of $28 an hour.
Additionally, the order approving the standard listed the total
recordkeeping cost as $10,240 and it should have been $12,040.
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    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, or disclose or
provide the information including: (1) Reviewing instructions; (2)
developing, acquiring, installing, and utilizing technology and systems
for the purposes of collecting, validating, verifying, processing,
maintaining, disclosing and providing information; (3) adjusting the
existing ways to comply with any previously applicable instructions and
requirements; (4) training personnel to respond to a collection of
information; (5) searching data sources; (6) completing and reviewing
the collection of information; and (7) transmitting, or otherwise
disclosing the information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
anyone particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses.

    Dated: September 15, 2011 .
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-24304 Filed 9-21-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Rules and Regulations]
[Pages 50645-50647]
[FR Doc No: 2021-19434]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0476; FRL-8777-02-R9]

Air Plan Approval; California; Antelope Valley Air Quality
Management District, Eastern Kern Air Pollution Control District, and
Yolo-Solano Air Quality Management District; Combustion Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Antelope Valley Air Quality
Management District (AVAQMD), Eastern Kern Air Pollution Control
District (EKAPCD), and Yolo-Solano Air Quality Management District
(YSAQMD) portions of the California State Implementation Plan (SIP).
These revisions concern emissions of oxides of nitrogen
(NOX) from boilers, steam generating units, process heaters,
and stationary internal combustion engines. We are approving local
rules that regulate these emission sources under the Clean Air Act (CAA
or the ``Act'').

DATES: This rule will be effective on October 12, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0476. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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 through https://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone at<PHONE_NUMBER> and
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On April 5, 2021 (86 FR 17567), the EPA proposed to approve the
following rules into the California SIP.

                                            TABLE 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
          Local agency             Rule #           Rule title                Local action           Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD.........................     1110.2  Emissions from             Amended 09/18/2018.......      10/30/2018
                                             Stationary, Non-Road and
                                             Portable Internal
                                             Combustion Engines.
EKAPCD.........................      425.2  Boilers, Steam             Amended..................      08/22/2018
                                             Generators, and Process   01/11/2018...............
                                             Heaters (Oxides of
                                             Nitrogen).
YSAQMD.........................       2.27  Large Boilers............  Revised 05/15/2019.......      08/19/2019
----------------------------------------------------------------------------------------------------------------

    In our proposed rule, we erroneously stated that an earlier version
of EKAPCD Rule 425.2 had been approved into the SIP on October 28, 1999
(64 FR 57991). That version of the rule was approved into the SIP on
September 24, 1999 (64 FR 51688). We proposed to approve these rules
because we determined that they comply with the relevant CAA

requirements. Our proposed action contains more information on the
rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving these rules into the
California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the local
air district rules described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
documents available through www.regulations.gov and at the EPA Region
IX 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, the 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 the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications 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. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the 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 November 9, 2021. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 31, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, 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 F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(241)(i)(B)(2),
(c)(249)(i)(B)(2), (c)(520)(i)(B), (c)(521)(i)(A)(2) and (c)(542)(i)(C)
to read as follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (241) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on June 17, 1997 in paragraph
(c)(241)(i)(B)(1) of this section and now deleted with replacement in
(c)(542)(i)(C)(1), Rule 2.27, revised on August 14, 1996.
* * * * *
    (249) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on September 24, 1999 in paragraph
(c)(249)(i)(B)(1) of this section and now deleted with replacement in
(c)(520)(i)(A)(1), Rule 425.2 adopted on October 13, 1994 and amended
on July 10, 1997.
* * * * *
    (520) * * *
    (i) * * *
    (B) Eastern Kern Air Pollution Control District.
    (1) Rule 425.2, ``Boilers, Steam Generators, and Process Heaters
(Oxides of Nitrogen),'' amended on January 11, 2018.

    (2) [Reserved]
* * * * *
    (521) * * *
    (i) * * *
    (A) * * *

(2) Rule 1110.2, ``Emissions from Stationary, Non-Road and Portable
Internal Combustion Engines,'' amended on September 18, 2018.

* * * * *
    (542) * * *
    (i) * * *
    (C) Yolo-Solano Air Quality Management District.
    (1) Rule 2.27, ``Large Boilers,'' revised on May 15, 2019.
    (2) [Reserved]
* * * * *
[FR Doc. 2021-19434 Filed 9-9-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 26, 2010 (Volume 75, Number 16)]
[Notices]
[Page 4057-4058]
[DOCID:fr26ja10-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12737-002]

Jordan Limited Partnership; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene and Protests

January 15, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Original Major License.
    b. Project No.: 12737-002.
    c. Date filed: April 16, 2009.
    d. Applicant: Jordan Limited Partnership.
    e. Name of Project: Gathright Hydroelectric Project.

    f. Location: On the Jackson River in Alleghany County, Virginia at
the existing U.S. Army Corps of Engineers Gathright Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Mr. James B. Price, W.V. Hydro, Inc., P.O.
Box 903, Gatlinburg, Tennessee 37738<PHONE_NUMBER>.
    i. FERC Contact: Jeffrey Browning,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests: 60 days
from the issuance date of this notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedures 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, but is not ready
for environmental analysis at this time.
    l. Project Description: The existing Corps facilities consist of:
(1) The 257-foot-high, 1,172-foot-long rock-fill Gathright Dam with an
impervious core with a 32-foot-wide top; (2) the 2,530-acre Lake Moomaw
at a normal conservation pool water surface elevation of 1,582.0 feet
National Geodetic Vertical Datum; (3) an outlet works comprised of an
intake tower with 10 water quality intake gates, two intake tunnel
passageways (north and south), an outlet tunnel, a stilling basin and
outlet channel; and (4) an emergency spillway located 2.4-miles south
of the dam comprised of an ungated and unpaved 2,680-foot-long, 100-
foot-wide trapezoidal channel.
    The proposed project would utilize the head created by the existing
dam and consist of: (1) A new 155-foot-high, 16-foot-wide, 10-foot-deep
intake module attached to the existing intake tower upstream of the
south tunnel passageway trashrack; (2) one new 3.7-megawatt generating
unit attached to the top of the intake module; (3) one new Francis
turbine and draft tube at the bottom of the intake module; (4) a new
0.94-mile-long, 46-kilovolt transmission line; and (5) appurtenant
facilities.
    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 Web site 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 also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    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, 385.211, and 385.214. In determining the appropriate action to
take, the Commission will consider all protests 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 protests or motions to
intervene must be received on or before the specified deadline date for
the particular application.
    When the application is ready for environmental analysis, the
Commission will issue a public notice requesting comments,
recommendations, terms and conditions, and prescriptions.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' or ``COMPETING APPLICATION;'' (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. 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.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-1391 Filed 1-25-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Notices]
[Page 63320]
[FR Doc No: 2011-26316]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4017-DR; Docket ID FEMA-2011-0001]

Puerto Rico; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Puerto Rico (FEMA-4017-DR), dated August 27,
2011, and related determinations.

DATES: Effective Date: September 28, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Puerto Rico is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of August 27, 2011.

    Pe[ntilde]uelas Municipality for Public Assistance.
    Lo[iacute]za and San Juan Municipalities for Public Assistance
(already designated for Individual Assistance.)
    Adjuntas, Ciales, and Guaynabo Municipalities for Individual
Assistance (already designated for Public Assistance).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-26316 Filed 10-11-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: December 27, 2007 (Volume 72, Number 247)]
[Rules and Regulations]
[Page 73258-73260]
[DOCID:fr27de07-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0115 Directorate Identifier 2007-CE-080-AD;
Amendment 39-15310; AD 2007-26-08]
RIN 2120-AA64

Airworthiness Directives; REIMS AVIATION S.A. Model F406
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    On several occasions, leaks of the landing gear emergency
blowdown bottle have been reported. Investigations revealed that the
leakage was located on the nut manometer because of a design
deficiency in the bottle head.
    If left uncorrected, the internal bottle pressure could not be
maintained to an adequate level and could result in a malfunction,
failing to extend landing gears during emergency situations.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective January 31, 2008.
    On January 31, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
 or in person at Document Management Facility, U.S.

Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 31, 2007 (72
FR 61578). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    On several occasions, leaks of the landing gear emergency
blowdown bottle have been reported. Investigations revealed that the
leakage was located on the nut manometer because of a design
deficiency in the bottle head.
    If left uncorrected, the internal bottle pressure could not be
maintained to an adequate level and could result in a malfunction,
failing to extend landing gears during emergency situations.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 7 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with basic requirements of this AD. The average labor rate is
$80 per work-hour. Required parts will cost about $11,330 per product.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $79,870 or $11,410 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2007-26-08 REIMS AVIATION S.A.: Amendment 39-15310; Docket No. FAA-
2007-0115; Directorate Identifier 2007-CE-080-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
31, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to F406 airplanes, all serial numbers, that
are:
    (1) equipped with landing gear emergency blowdown bottle part
number (P/N) 9910154-4; and
    (2) certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    On several occasions, leaks of the landing gear emergency
blowdown bottle have been reported. Investigations revealed that the
leakage was located on the nut manometer because of a design
deficiency in the bottle head.
    If left uncorrected, the internal bottle pressure could not be
maintained to an adequate level and could result in a malfunction,
failing to extend landing gears during emergency situations.
The MCAI requires you to replace the old landing gear emergency
blowdown bottle with a newly designed landing gear emergency
blowdown bottle.

Actions and Compliance

    (f) Unless already done, within the next 12 calendar months
after January 31, 2008 (the effective date of this AD) remove the
emergency blowdown bottle P/N 9910154-4 and install the new
emergency blowdown bottle P/N 4063700-1 using the accomplishment
instructions of the REIMS AVIATION Industries Service Bulletin No.:
F406-66, dated May 7, 2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2007-0190, dated July 12, 2007; and REIMS AVIATION INDUSTRIES
Service Bulletin No.: F406-66, dated May 7, 2007, for related
information.

Material Incorporated by Reference

    (i) You must use REIMS AVIATION INDUSTRIES Service Bulletin No.:
F406-66, dated May 7, 2007, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact REIMS
AVIATION INDUSTRIES, A[eacute]rodrome de Reims Prunay, 51360 Prunay,
France, A l'attention du Support Client; telephone: +33
(0)<IP_ADDRESS>.53; fax: +33 (0)<IP_ADDRESS>.57.
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.

    Issued in Kansas City, Missouri, on December 13, 2007.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E7-24638 Filed 12-26-07; 8:45 am]

BILLING CODE 4910-13-P