35280 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 

including those in which one or more 

Participants or the Plan Processor (or any 

Representatives of one or more Participants 

or the Plan Processor) are named as parties, 

regardless of whether CATLLC is also named 

as a party. 

Governing Law Clause in the CAT Reporter 

Agreement 

7.11. Governing Law. THIS AGREEMENT, 

AND ALL MATTERS BETWEEN CATLLC 

AND CAT REPORTER ARISING OUT OF OR 

RELATING TO THIS AGREEMENT, SHALL 

BE CONSTRUED AND ENFORCED IN 

ACCORDANCE WITH THE FEDERAL LAWS 

OF THE UNITED STATES AND THE LAWS 

OF THE STATE OF NEW YORK WITHOUT 

GIVING EFFECT TO ANY LAWS, RULES OR 

PROVISIONS THAT WOULD CAUSE THE 

APPLICATION OF LAWS OF ANY 

JURISDICTION OTHER THAN THE 

FEDERAL LAWS OF THE UNITED STATES 

AND THE LAWS OF THE STATE OF NEW 

YORK. 

Jury Waiver Provision in the CAT Reporter 

Agreement 

7.13. Waiver of Jury Trial. EACH PARTY 

HEREBY WAIVES ITS RIGHTS TO A JURY 

TRIAL OF ANY CLAIM OR CAUSE OF 

ACTION FOR ANY DISPUTE, 

CONTROVERSY, OR CLAIM IN 

CONNECTION WITH, RELATING TO, OR 

ASSOCIATED IN ANY WAY WITH THIS 

AGREEMENT, CAT REPORTING, OR THE 

CAT SYSTEM. THE SCOPE OF THIS 

WAIVER IS INTENDED TO BE ALL– 

ENCOMPASSING OF ANY AND ALL 

DISPUTES THAT MAY BE FILED IN ANY 

COURT AND THAT RELATE TO THE 

SUBJECT MATTER OF THIS AGREEMENT, 

CAT REPORTING, OR THE CAT SYSTEM, 

INCLUDING, WITHOUT LIMITATION, 

CONTRACT CLAIMS, TORT CLAIMS 

(INCLUDING NEGLIGENCE), BREACH OF 

DUTY CLAIMS, AND ALL OTHER 

COMMON LAW AND STATUTORY 

CLAIMS. THESE PROVISIONS WILL NOT 

BE SUBJECT TO ANY EXCEPTIONS. 

Disclaimer of Warranties Clause in the CAT 

Reporter Agreement 

5.5. Disclaimer. EXCEPT AS EXPRESSLY 

SET FORTH IN THIS AGREEMENT, 

CATLLC, THE PLAN PROCESSOR, AND 

THE PARTICIPANTS DISCLAIM ANY, AND 

MAKE NO, REPRESENTATIONS OR 

WARRANTIES, WHETHER ORAL OR 

WRITTEN, EXPRESS OR IMPLIED, ARISING 

BY STATUTE OR OTHERWISE IN LAW, OR 

FROM A COURSE OF DEALING OR USAGE 

OF TRADE, REGARDING THE CAT SYSTEM 

OR ANY OTHER MATTER PERTAINING TO 

THIS AGREEMENT. THIS DISCLAIMER 

INCLUDES, WITHOUT LIMITATION, ANY 

REPRESENTATION OR WARRANTY OF OR 

RELATING TO: MERCHANTABILITY; 

QUALITY; FITNESS FOR A PARTICULAR 

PURPOSE: COMPLIANCE WITH 

APPLICABLE LAWS; NON– 

INFRINGEMENT; TITLE; AND 

SEQUENCING, TIMELINESS, ACCURACY 

OR COMPLETENESS OF INFORMATION. 

* * * * * 

APPENDIX F 

[proposed additions] 

* * * * * 

Forum Selection Provision in the CAT 

Reporting Agent Agreement 

7.9. Forum Selection. EXCEPT AS 

OTHERWISE PROHIBITED BY FEDERAL 

LAW OR OTHERWISE PROVIDED BY 

SECTION 11.5 OF THE CAT NMS PLAN, 

FOR ANY DISPUTE, CONTROVERSY, OR 

CLAIM IN CONNECTION WITH, RELATING 

TO, OR ASSOCIATED IN ANY WAY WITH 

THIS AGREEMENT, CAT REPORTING, OR 

THE CAT SYSTEM, THE PARTIES 

IRREVOCABLY SUBMIT TO THE 

EXCLUSIVE JURISDICTION AND VENUE OF 

THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF NEW 

YORK AND THE NEW YORK STATE 

SUPREME COURT FOR NEW YORK 

COUNTY IN THE BOROUGH OF 

MANHATTAN, INCLUDING THE 

COMMERCIAL DIVISION. Each Party hereby 

agrees to commence any such action, suit, or 

other proceeding in (i) the United States 

District Court for the Southern District of 

New York, or (ii) if such action, suit, or other 

proceeding cannot be brought in such court 

for jurisdictional reasons, to commence such 

suit, action, or other proceeding in the New 

York State Supreme Court for New York 

County, borough of Manhattan, and seek 

assignment to the New York County 

Commercial Division whenever the 

jurisdictional requirements for Commercial 

Division assignment are met. Service of any 

process, summons, notice, or document by 

U.S. registered mail to such Party’s respective 

address shall be effective service of process 

for any action, suit, or other proceeding in 

New York with respect to any matters to 

which it has submitted to jurisdiction in this 

Agreement. Each Party irrevocably and 

unconditionally waives any objection to the 

laying of venue of any action, suit, or other 

proceeding connected to, related to, or 

associated in any way with this Agreement, 

CAT Reporting, or the CAT System in the 

courts identified in items (i)-(ii) above, and 

hereby and thereby further irrevocably and 

unconditionally waives and agrees not to 

plead or claim in any such court that any 

such action, suit, or other proceeding brought 

in any such court has been brought in an 

inconvenient forum. The provisions of this 

paragraph shall apply to any action, suit, or 

other proceeding commenced by any Party 

against any other Party to this Agreement, 

including those in which one or more 

Participants or the Plan Processor (or any 

Representatives of one or more Participants 

or the Plan Processor) are named as parties, 

regardless of whether CATLLC is also named 

as a party. 

Governing Law Clause in the CAT Reporting 

Agent Agreement 

7.11. Governing Law. THIS AGREEMENT, 

AND ALL MATTERS BETWEEN CATLLC 

AND CAT REPORTING AGENT ARISING 

OUT OF OR RELATING TO THIS 

AGREEMENT, SHALL BE CONSTRUED AND 

ENFORCED IN ACCORDANCE WITH THE 

FEDERAL LAWS OF THE UNITED STATES 

AND THE LAWS OF THE STATE OF NEW 

YORK WITHOUT GIVING EFFECT TO ANY 

LAWS, RULES OR PROVISIONS THAT 

WOULD CAUSE THE APPLICATION OF 

LAWS OF ANY JURISDICTION OTHER 

THAN THE FEDERAL LAWS OF THE 

UNITED STATES AND THE LAWS OF THE 

STATE OF NEW YORK. 

Jury Waiver Provision in the CAT Reporting 

Agent Agreement 

7.13. Waiver of Jury Trial. EACH PARTY 

HEREBY WAIVES ITS RIGHTS TO A JURY 

TRIAL OF ANY CLAIM OR CAUSE OF 

ACTION FOR ANY DISPUTE, 

CONTROVERSY, OR CLAIM IN 

CONNECTION WITH, RELATING TO, OR 

ASSOCIATED IN ANY WAY WITH THIS 

AGREEMENT, CAT REPORTING, OR THE 

CAT SYSTEM. THE SCOPE OF THIS 

WAIVER IS INTENDED TO BE ALL– 

ENCOMPASSING OF ANY AND ALL 

DISPUTES THAT MAY BE FILED IN ANY 

COURT AND THAT RELATE TO THE 

SUBJECT MATTER OF THIS AGREEMENT, 

CAT REPORTING, OR THE CAT SYSTEM, 

INCLUDING, WITHOUT LIMITATION, 

CONTRACT CLAIMS, TORT CLAIMS 

(INCLUDING NEGLIGENCE), BREACH OF 

DUTY CLAIMS, AND ALL OTHER 

COMMON LAW AND STATUTORY 

CLAIMS. THESE PROVISIONS WILL NOT 

BE SUBJECT TO ANY EXCEPTIONS. 

Disclaimer of Warranties Clause in the CAT 

Reporting Agent Agreement 

5.5. Disclaimer. EXCEPT AS EXPRESSLY 

SET FORTH IN THIS AGREEMENT, 

CATLLC, THE PLAN PROCESSOR, AND 

THE PARTICIPANTS DISCLAIM ANY, AND 

MAKE NO, REPRESENTATIONS OR 

WARRANTIES, WHETHER ORAL OR 

WRITTEN, EXPRESS OR IMPLIED, ARISING 

BY STATUTE OR OTHERWISE IN LAW, OR 

FROM A COURSE OF DEALING OR USAGE 

OF TRADE, REGARDING THE CAT SYSTEM 

OR ANY OTHER MATTER PERTAINING TO 

THIS AGREEMENT. THIS DISCLAIMER 

INCLUDES, WITHOUT LIMITATION, ANY 

REPRESENTATION OR WARRANTY OF OR 

RELATING TO: MERCHANTABILITY; 

QUALITY; FITNESS FOR A PARTICULAR 

PURPOSE: COMPLIANCE WITH 

APPLICABLE LAWS; NON– 

INFRINGEMENT; TITLE; AND 

SEQUENCING, TIMELINESS, ACCURACY 

OR COMPLETENESS OF INFORMATION. 

* * * * * 

[FR Doc. 2022–12398 Filed 6–8–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

34609; File No. 812–15314] 

Voya Senior Income Fund, et al. 

June 3, 2022. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’ or ‘‘SEC’’). 

ACTION: Notice. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 35281 

Notice of application for an order 

under sections 6(c) and 23(c)(3) of the 

Investment Company Act of 1940 (the 

‘‘Act’’) for an exemption from rule 23c– 

3 under the Act. 

SUMMARY OF APPLICATION: Applicants 

request an order under sections 6(c) and 

23(c)(3) of the Act for an exemption 

from certain provisions of rule 23c–3 to 

permit certain registered closed-end 

investment companies to make 

repurchase offers on a monthly basis. 

APPLICANTS: Voya Senior Income Fund 

(the ‘‘Fund’’), Voya Investments, LLC 

(‘‘Voya Investments’’), Voya Investment 

Management Co. LLC (‘‘Voya IM’’ and 

together with Voya Investments, the 

‘‘Adviser’’), and Voya Investments 

Distributor, LLC (the ‘‘Distributor). 

FILING DATES: The application was filed 

on March 31, 2022, and amended on 

May 25, 2022. 

HEARING OR NOTIFICATION OF HEARING: An 

order granting the requested relief will 

be issued unless the Commission orders 

a hearing. Interested persons may 

request a hearing on any application by 

emailing the SEC’s Secretary at 

Secretarys-Office@sec.gov and serving 

the relevant applicant with a copy of the 

request by email, if an email address is 

listed for the relevant applicant below, 

or personally or by mail, if a physical 

address is listed for the relevant 

applicant below. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on June 28, 2022, 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 

emailing the Commission’s Secretary. 

ADDRESSES: The Commission: 

Secretarys-Office@sec.gov. Applicants: 

Huey P. Falgout, Jr., Voya Investments, 

LLC, 7337 E Doubletree Ranch Road, 

Suite 100, Scottsdale, AZ 85258, 

Elizabeth J. Reza Esq., Ropes & Gray 

LLP, Prudential Tower, 800 Boylston 

Street, Boston, Massachusetts 02199. 

FOR FURTHER INFORMATION CONTACT: Asaf 

Barouk, Attorney-Adviser, or Lisa Reid 

Ragen, Branch Chief, at (202) 551–6825 

(Division of Investment Management, 

Chief Counsel’s Office). 

SUPPLEMENTARY INFORMATION: For 

Applicants’ representations, legal 

analysis, and conditions, please refer to 

Applicants’ first amended and restated 

application, dated May 25, 2022, which 

may be obtained via the Commission’s 

website by searching for the file number 

at the top of this document, or for an 

Applicant using the Company name 

search field on the SEC’s EDGAR 

system. The SEC’s EDGAR system may 

be searched at https://www.sec.gov/ 

edgar/searchedgar/legacy/ 

companysearch.html. You may also call 

the SEC’s Public Reference Room at 

(202) 551–8090. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–12397 Filed 6–8–22; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 11758] 

Review of the Designation as Foreign 

Terrorist Organizations of al-Qa’ida in 

the Arabian Peninsula (and Other 

Aliases) 

Based upon a review of the 

Administrative Record assembled 

pursuant to Section 219(a)(4)(C) of the 

Immigration and Nationality Act, as 

amended (8 U.S.C. 1189(a)(4)(C)) 

(‘‘INA’’), and in consultation with the 

Attorney General and the Secretary of 

the Treasury, I conclude that the 

circumstances that were the bases for 

the designation of the aforementioned 

organization as a Foreign Terrorist 

Organization have not changed in such 

a manner as to warrant revocation of the 

designation and that the national 

security of the United States does not 

warrant a revocation of the designation. 

Therefore, I hereby determine that the 

designation of the aforementioned 

organization as a Foreign Terrorist 

Organization, pursuant to Section 219 of 

the INA (8 U.S.C. 1189), shall be 

maintained. 

This determination shall be published 

in the Federal Register. 

Dated: May 17, 2022. 

Antony J. Blinken, 

Secretary of State. 

[FR Doc. 2022–12356 Filed 6–8–22; 8:45 am] 

BILLING CODE 4710–AD–P 

DEPARTMENT OF STATE 

[Public Notice: 11759] 

Advisory Committee on International 

Law 

ACTION: Notice of open meeting. 

Notice of Meeting of Advisory 

Committee on International Law 

A meeting of the Department of 

State’s Advisory Committee on 

International Law will take place 

virtually on Friday, June 24, 2022. 

Acting Legal Adviser Richard Visek will 

chair the meeting, which will be open 

to the public. The meeting will include 

discussions on international law topics 

related to Russia’s war against Ukraine. 

Members of the public who wish to 

attend should contact the Office of the 

Legal Adviser by June 20 at welcherar@

state.gov or 202–647–1646 and provide 

their name, professional affiliation, 

address, and phone number. A link to 

the virtual meeting platform will be 

provided at that time. Attendees who 

require reasonable accommodation 

should make their requests by June 20. 

Requests received after that date will be 

considered but might not be possible to 

accommodate. 

Alison Welcher, 

Executive Director, Advisory Committee on 

International Law, Department of State. 

[FR Doc. 2022–12407 Filed 6–8–22; 8:45 am] 

BILLING CODE 4710–08–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Rule on Request To 

Change 1.2 Acres of Airport Land in 

the Existing Business Park From 

Aeronautical to Non-Aeronautical Use 

at Martha’s Vineyard Airport, West 

Tisbury, MA 

AGENCY: Federal Aviation 

Administration (FAA), Transportation 

(DOT). 

ACTION: Request for public comments. 

SUMMARY: Notice is being given that the 

FAA is considering a request from the 

County of Dukes to change 1.2 acres of 

land from Aeronautical Use to NonAeronautical Use in the existing Airport 

Business Park at Martha’s Vineyard 

Airport, West Tisbury, MA. The two 

parcels are being used for nonaeronautical development in the Airport 

Business Park. The Airport Business 

Park was established over twenty years 

ago and supports the revenue stream for 

the airport. The land lease proceeds will 

be deposited in the airport’s operation 

and maintenance account. 

DATES: Comments must be received on 

or before July 6, 2022. 

ADDRESSES: You may send comments 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov, and follow 


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