[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5921-5923]
[FR Doc No: 2023-01780]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0042]

CSA Group Testing & Certification Inc.: Application for Expansion
of Recognition and Proposed Modification to the NRTL Program's List of
Appropriate Test Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of CSA Group &
Testing Certification Inc., for expansion of the recognition as a
Nationally Recognized Testing Laboratory (NRTL) and presents the
agency's preliminary finding to grant the application. Additionally,
OSHA proposes to add one test standard to the NRTL Program's List of
Appropriate Test Standards.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before February 14, 2023.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2006-0042). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about

themselves or others) such as Social Security numbers, birth dates, and
medical data.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office. All
documents in the docket (including this Federal Register notice) are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at<PHONE_NUMBER> (TTY
(877) 889-5627) for assistance in locating docket submissions.
    Extension of comment period: Submit requests for an extension of
the comment period on or before February 14, 2023 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, phone:<PHONE_NUMBER> or email:
[email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, phone:<PHONE_NUMBER> or email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that CSA Group Testing & Certification
Inc. (CSA), is applying for expansion of the current recognition as a
NRTL. CSA requests the addition of three test standards to the NRTL
scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes: (1)
the type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides a preliminary finding. In the second notice,
the agency provides a final decision on the application. These notices
set forth the NRTL's scope of recognition or modifications of that
scope. OSHA maintains an informational web page for each NRTL,
including CSA, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    CSA currently has seven facilities (sites) recognized by OSHA for
product testing and certification, with the headquarters located at:
CSA Group Testing & Certification Inc., 178 Rexdale Boulevard,
Etobicoke, Ontario, M9W 1R3, Canada. A complete list of CSA's scope of
recognition is available at https://www.osha.gov/nationally-recognized-testing-laboratory-program/csa.

II. General Background on the Application

    CSA submitted an application on September 24, 2021 (OSHA-2006-0042-
0030), to expand the recognition to include four additional test
standards. This application was revised on January 18, 2022 (OSHA-2006-
0042-0031) to remove one standard from the original request. This
expansion covers the remaining three standards. OSHA staff performed a
detailed analysis of the application packet and reviewed other
pertinent information. OSHA did not perform any on-site reviews in
relation to this application.
    Table 1, below, lists the appropriate test standards found in CSA's
application for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed Appropriate Tests Standards for Inclusion in CSA's
                        NRTL Scope of Recognition
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           Test standard                     Test standard title
------------------------------------------------------------------------
UL 8800 *.........................  Horticultural Lighting Equipment and
                                     Systems.
UL 1598C..........................  Standard for Light Emitting Diode
                                     (LED) Retrofit Luminaire Conversion
                                     Kits.
UL 61010-2-091....................  Standard for Safety Requirements for
                                     Electrical Equipment for
                                     Measurement, Control and Laboratory
                                     Use--Part 2-091: Particular
                                     Requirements for Cabinet X-Ray
                                     Systems.
------------------------------------------------------------------------
* Represents the standard that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standard to the NRTL Program's List of
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the
NRTL list of appropriate test standards following an evaluation of the
test standard document. To qualify as an appropriate test standard, the
agency evaluates the document to: (1) verify it represents a product
category for which OSHA requires certification by a NRTL, (2) verify
the document represents an end product and not a component, and (3)
verify the document defines safety test specifications (not
installation or operational performance specifications). OSHA becomes
aware of new test standards through various avenues. For example, OSHA
may become aware of new test standards by: (1) monitoring notifications
issued by certain Standards Development Organizations; (2) reviewing
applications by NRTLs or applicants seeking recognition to include new
test standards in their scopes of recognition; and (3) obtaining
notification from manufacturers, manufacturing organizations,
government agencies, or other parties. OSHA may determine to include a
new test standard in the list, for example, if

the test standard is for a particular type of product that another test
standard also covers or it covers a type of product that no standard
previously covered.
    In this notice, OSHA proposes to add one new test standard to the
NRTL Program's List of Appropriate Test Standards. Table 2, below,
lists the test standard that is new to the NRTL Program. OSHA
preliminarily determined that this test standard is an appropriate test
standard and proposes to include it in the NRTL Program's List of
Appropriate Test Standards. OSHA seeks public comment on this
preliminary determination.

  Table 2--Test Standard OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 8800...........................  Horticultural Lighting Equipment and
                                     Systems.
------------------------------------------------------------------------

IV. Preliminary Findings on the Application

    CSA submitted an acceptable application for expansion of the scope
of recognition. OSHA's review of the application file, and pertinent
documentation, indicate that CSA has met the requirements prescribed by
29 CFR 1910.7 for expanding the recognition to include the addition of
the three test standards for NRTL testing and certification listed in
Table 1. This preliminary finding does not constitute an interim or
temporary approval of CSA's application.
    OSHA seeks comment on this preliminary determination.

IV. Public Participation

    OSHA welcomes public comment as to whether CSA meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL.
Comments should consist of pertinent written documents and exhibits.
    Commenters needing more time to comment must submit a request in
writing, stating the reasons for the request by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
    To review copies of the exhibits identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2006-0042 (for further
information, see the ``Docket'' heading in the section of this notice
titled ADDRESSES).
    OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary of Labor
for Occupational Safety and Health on whether to grant CSA's
application for expansion of the scope of recognition. The Assistant
Secretary will make the final decision on granting the application. In
making this decision, the Assistant Secretary may undertake other
proceedings prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of the final decision in the
Federal Register.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393,
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on January 23, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-01780 Filed 1-27-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40806-40807]
[FR Doc No: 2023-13261]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 619-176]

Pacific Gas and Electric Company Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Request for a temporary variance of minimum
flow requirements.
    b. Project No.: 619-176.
    c. Date Filed: June 6, 2023.
    d. Applicant: Pacific Gas and Electric Company.
    e. Name of Project: Bucks Creek Project.
    f. Location: The project is located in Plumas County, California on
Bucks, Grizzly, and Milk Ranch Creeks--tributaries of the North Fork
Feather River, and occupies federal lands 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: Ms. Jamie Visinoni, Pacific Gas and Electric
Company, Mail Code: N11D P.O. Box 770000, San Francisco, CA 94177,
(530) 215-6676.
    i. FERC Contact: Mr. John Aedo,<PHONE_NUMBER>, [email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: July 15, 2023.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests 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/doc-sfiling/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 protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, MD 20852. The first page of any filing should
include docket number P-619-176. Comments emailed to Commission staff
are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure 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. Description of Request: The applicant requests a temporary
variance of the minimum flow requirement in Bucks Creek below Lower
Bucks Dam as soon as possible through July 2023, and from March through
July 2024. In lieu of the monthly required minimum flows, the applicant
would provide an alternate flow of 8 cubic feet per second (cfs) plus a
1 cfs buffer flow through a temporary pumping system that would extract
water from Lower Bucks Lake and release it into the stream channel
below the dam. The applicant states that the variance is necessary to
facilitate rehabilitation work at Lower Bucks Dam spillway, which
requires dewatering the plunge pool below the dam where minimum flows
are typically released from the low-level outlet works.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at https://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. You may also 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, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Motions to Intervene, or Protests: Anyone may submit
comments, a motion to intervene, or a protest in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.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, motions to
intervene, or protests must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``MOTION TO
INTERVENE'', or ``PROTEST'' as applicable; (2) set forth in the heading
the name of the applicant and the project number(s) of the application
to which the filing responds; (3) furnish the name, address, and
telephone number of the person intervening or protesting; and (4)
otherwise comply with the requirements of 18 CFR 385.2001 through
385.2005. All comments, motions to intervene, or protests must set
forth their evidentiary basis. 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 385.2010.
    p. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including

landowners, environmental justice communities, Tribal members and
others, access publicly available information and navigate Commission
processes. For public inquiries and assistance with making filings such
as interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-13261 Filed 6-21-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6306-6307]
[FR Doc No: 2018-02890]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0238]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From TowMate, LLC

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: FMCSA announces its decision to renew for a period of 5 years
TowMate, LLC's (TowMate's) current exemption allowing motor carriers to
operate rechargeable wireless temporary stop, turn, and tail lighting
systems during temporary towing operations. Under the Federal Motor
Carrier Safety Regulations (FMCSRs), all required lamps, with the
exception of battery-powered lamps used on projecting loads, must be
powered by the electrical system of the motor vehicle. The Agency has
concluded that granting this exemption renewal would not have an
adverse impact on safety, and that use of rechargeable wireless
temporary stop, turn, and tail lighting systems during temporary towing
operations would likely achieve a level of safety equivalent to or
greater than the level of safety provided by the regulation. However,
the Agency requests comments and information on the exemption,
especially from anyone who believes this standard will not be
maintained.

DATES: This decision takes effect February 9, 2018. Comments must be
received on or before February 20, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0238 using any of the
following methods:
     Website: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov website is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov website as well as
the DOT's http://docketsinfo.dot.gov website. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Ms. Amina Dines, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, [email protected], Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31315 and 31136(e) to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). This authority is codified in 49 CFR part 381. Under this
rule, FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public with an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305(a)).
    The decision of the Agency must be published in the Federal
Register (49 CFR 381.315(b)). If the Agency denies the request, it must
state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must specify the effective
period of the exemption (up to 5 years) and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).

TowMate's Application for Exemption

    TowMate applied for an exemption from 49 CFR 393.23 to allow motor
carriers to operate rechargeable wireless temporary stop, turn, and
tail lighting systems during temporary towing operations. A copy of the
application is included in the docket referenced at the beginning of
this notice.
    Section 393.23, ``Power Supply for Lamps,'' provides that ``All
required lamps must be powered by the electrical system of the motor
vehicle with the exception of battery powered lamps used on projecting
loads.''
    The application stated:

    TowMate is making this request because the use of conventional
hard wired temporary stop, turn, and tail lights has many drawbacks
that wireless tow lights solve. These include broken connections,
frayed wires, burnt out incandescent bulbs, and the potential to be
snagged or pulled from the tow light receptacle due to improper
running of wires, and road hazards, along with the safety hazard of
increasing the amount of time spent on the roadside or the scene of
an accident by stringing wired lighting systems between vehicles and
securing the wires. With the advent of LED technology coupled with
advancements in battery technologies, wireless tow lights are more
reliable and better equipped for the rigors of daily temporary use.
    Temporary wireless stop, turn, tail lighting systems can operate
for 10+ hours of

continuous use on a full charge, and in-cab wire-less monitoring
systems give the driver constant information on the functioning of
the system, displaying state of charge of the battery inside the
unit, displaying the functioning of the system during operation, and
warning the driver if the unit is no longer functioning. In this
sense, wireless tow lights provide a level of safety and redundancy
that is not currently required on wired temporary lighting systems.
In an emergency situation with a drained battery, power can be
directly connected to the temporary wireless stop, turn, and tail
lighting system from a standard 4 pin or 7 pin electrical
connection.
    Without the proposed temporary exemption, tow and haul away
operators will be forced to continue to use cumbersome wired
temporary towing light systems, placing an unnecessary burden on
their daily operations. The current temporary lighting requirements
for stop, tail, and turn lamps require that the lamps receive their
power from a direct wired connection to the towing vehicle with no
ascertainable benefit from doing such. Wireless tow lights afford
benefits that wired systems are unable to, such as redundancies like
monitoring the status of the unit in real time, thus assuring their
proper operation at all times.

    On August 6, 2015, FMCSA published notice of the TowMate
application and requested public comment (80 FR 47031). The Agency
received twenty comments, all in support of TowMate's application.
FMCSA granted the exemption on February 9, 2016 (81 FR 6927). The
Agency concluded that permitting the use of rechargeable wireless
temporary stop, turn, and tail lighting systems during temporary towing
operations will reduce the time tow operators spend at the side of the
road connecting wired lighting systems between vehicles, thereby
reducing their risk of injury and increasing safety. The Agency
determined that use of the rechargeable wireless lighting systems will
maintain a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption. In towing operations
during the exemption period, motor carriers are allowed to use
rechargeable wireless temporary stop, turn, and tail lighting systems
that do not meet the lighting power supply requirements of 49 CFR
393.23, provided the requirements of 49 CFR 393.17(b)(2) are met. The
decision to grant the temporary exemption was also consistent with an
amendment made in an August 15, 2005 final rule allowing battery
powered lamps on the rear of projecting loads.

TowMate's Request To Renew the Exemption

    At the time the exemption was granted, the term of temporary
exemptions was limited by statute to a maximum of 2 years. However, the
Fixing America's Surface Transportation (FAST) Act, signed on December
4, 2015, now allows an exemption to be granted for a period of up to 5
years (49 U.S.C. 31315(b)(2)) if FMCSA finds ``such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption'' (Sec.
31315(b)(1)). TowMate has requested a 5-year extension of the current
exemption.

Basis for Renewing Exemption

    FMCSA is not aware of any evidence showing that the operation of
rechargeable wireless temporary stop, turn, and tail lighting systems
during temporary towing operations during the current exemption has
resulted in any degradation of safety. The Agency believes that
extending the exemption for a period of 5 years will likely achieve a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.
    The renewal outlined in this notice extends the exemption from
February 9, 2018, through February 9, 2023, and requests public
comment. During that period, motor carriers will be allowed to use
rechargeable wireless temporary stop, turn, and tail lighting systems
that do not meet the lighting power supply requirements of 49 CFR
393.23 during temporary towing operations, provided the requirements of
49 CFR 393.17(b)(2) are met. The exemption will be valid for 5 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) Motor carriers and/or commercial motor vehicles fail to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

Request for Comments

    FMCSA requests comments from parties with data concerning the
safety record of motor carriers using rechargeable wireless temporary
stop, turn, and tail lighting systems during temporary towing
operations in accordance with the conditions of the exemption. The
Agency will evaluate adverse evidence submitted during the comment
period and at any time during the 5-year period of the exemption. If
safety is being compromised or if continuation of the exemption would
not be consistent with the goals and objectives of 49 U.S.C. 31136(e)
and 31315(b)(1), FMCSA will take immediate steps to revoke the
exemption.

    Issued on: February 6, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-02890 Filed 2-12-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3887-3890]
[FR Doc No: 2014-01255]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30884; 812-14060]

Cornerstone Advisors Inc. and The Advisors' Inner Circle Fund;
Notice of Application

January 16, 2014.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: 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.

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Summary of Application:  Applicants request an order that would permit
them to enter into and materially amend subadvisory agreements without
shareholder approval and would grant relief from certain disclosure
requirements.

Applicants:  Cornerstone Advisors Inc. (the ``Adviser'') and The
Advisors' Inner Circle Fund (the ``Trust'').

DATES: Filing Dates: The application was filed July 18, 2012, and
amended on January 15, 2013, September 30, 2013, December 20, 2013 and
January 13, 2014.

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 10, 2014, and should be accompanied by proof of
service on the applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Hearing requests should state the nature of
the writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants:
Cornerstone Advisors, Inc., c/o SEI Corporation, One Freedom Valley
Drive, Oaks, PA 19456.

FOR FURTHER INFORMATION CONTACT: Jean E. Minarick, Senior Counsel, at
(202) 551-6811, or Daniele Marchesani, 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 Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Trust is organized as a Massachusetts business trust and is
registered under the Act as an open-end management investment company.
The Trust is composed of multiple series of shares, each with its own
distinct investment objectives, policies and restrictions.\1\
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    \1\ Applicants request relief with respect to all existing and
future series of the Trust and any other existing or future
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 (included in the term ``Adviser''); (b) uses the multi-
manager structure described in the application (``Manager of
Managers Structure''); and (c) complies with the terms and
conditions of the application (each a ``Subadvised Fund'' and
collectively, the ``Subadvised Funds''). The only existing
registered open-end management investment company that currently
intends to rely on the requested order is named as an applicant. 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. If the name of any
Subadvised Fund contains the name of a Subadviser (as defined
below), the name of the Adviser that serves as the primary adviser
to the Subadvised Fund, or a trademark or trade name that is owned
by the Adviser, will precede the name of the Subadviser.
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    2. The Adviser is, and any other Adviser will be, registered as an
investment adviser under the Investment Advisers Act of 1940
(``Advisers Act''). The Adviser serves as the investment adviser to
series of the Trust pursuant to an investment advisory agreement with
the Trust (each an ``Investment Advisory Agreement'' and collectively,
the ``Investment Advisory Agreements'').\2\ Each Investment Advisory
Agreement was approved or will be approved by the board of trustees of
the Trust (the ``Board''), including a majority of the trustees who are
not ``interested persons,'' as defined in section 2(a)(19) of the Act,
of the Trust or the Adviser (``Independent Trustees'') and by the
shareholders of the relevant Subadvised Fund in the manner required by
sections 15(a) and 15(c) of the Act and

rule 18f-2 under the Act.\3\ Applicants are not seeking any exemption
from the provisions of the Act with respect to the Investment Advisory
Agreement.
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    \2\ Each other Subadvised Fund will enter into an investment
advisory agreement with its Adviser (included in the term
``Investment Advisory Agreement'').
    \3\ The term ``Board'' also includes the board of trustees or
directors of a future Subadvised Fund, if different.
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    3. Under the terms of the Investment Advisory Agreement, the
Adviser, subject to the oversight of the Board, furnishes a continuous
investment program for each Subadvised Fund and determines the
investments to be purchased, held, sold or exchanged by each Subadvised
Fund and the portion, if any, of the assets of the Subadvised Fund to
be held uninvested. For its services to each Subadvised Fund, the
Adviser receives an investment advisory fee from that Subadvised Fund
as specified in the Investment Advisory Agreement calculated based on
that Subadvised Fund's average daily net assets. The terms of the
Investment Advisory Agreements also permit the Adviser, subject to the
approval of the Board, including a majority of the Independent
Trustees, and the shareholders of the applicable Subadvised Fund (if
required by applicable law), to delegate portfolio management
responsibilities of all or a portion of the assets of the Subadvised
Fund to one or more subadvisers (``Subadvisers''). The Adviser
evaluates, selects and recommends Subadvisers to manage the assets (or
portion thereof) of Subadvised Funds, monitors and reviews the
Subadvisers and their performance and their compliance with that
Subadvised Fund's investment policies and restrictions. The Adviser has
entered into subadvisory agreements (``Subadvisory Agreements'') with
various Subadvisers to serve as Subadvisers to the Subadvised Funds.\4\
Each Subadviser is, and each future Subadviser will be, an ``investment
adviser,'' as defined in section 2(a)(20) of the Act, and is
registered, or will register, as an investment adviser under the
Advisers Act, or not subject to such registration. The Adviser may
compensate each Subadviser out of the advisory fees paid to the Adviser
under the Investment Advisory Agreement, or Subadvised Funds may
compensate the Subadvisers directly.
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    \4\ All existing Subadvisory Agreements comply with sections
15(a) and (c) of the Act and rule 18f-2 thereunder. The Adviser has
entered into Subadvisory Agreements with the following Subadvisers:
(i) Cornerstone Advisors Global Public Equity Fund--Parametric
Portfolio Associates, LSV Asset Management, Harris Associates LP,
Thornburg Investment Management, Marsico Capital Management, LLC,
Turner Investments, L.P., Cramer Rosenthal McGlynn LLC, Fairpointe
Capital LLC, Phocas Financial Corporation, Numeric Investors LLC,
Allianz Global Investors, Acadian Asset Management LLC and Driehaus
Capital Management LLC; (ii) Cornerstone Advisors Income
Opportunities Fund--OFI SteelPath, Inc. and Strategic Income
Management, LLC; (iii) Cornerstone Advisors Public Alternatives
Fund--AQR Capital Management, LLC, AlphaSimplex Group, LLC, Turner
Investments, L.P. and ClariVest Asset Management LLC; and (iv)
Cornerstone Advisors Real Assets Fund--Kayne Anderson Capital
Advisors and BlackRock Investment Management LLC.
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    4. Applicants request an order to permit the Adviser, subject to
Board approval, to select Subadvisers to manage all or a portion of the
assets of a Subadvised Fund pursuant to a Subadvisory Agreement and
materially amend Subadvisory Agreements without obtaining shareholder
approval. The requested relief will not extend to any Subadviser that
is an ``affiliated person,'' as defined in section 2(a)(3) of the Act,
of the Trust or a Subadvised Fund or the Adviser, other than by reason
of solely serving as a Subadviser to a Subadvised Fund or as an
investment adviser or subadviser to any series of the Trust other than
the series of the Trust advised by the Adviser (``Affiliated
Subadviser'').
    5. Applicants also request an order exempting each Subadvised Fund
from certain disclosure provisions described below that may require the
Subadvised Funds to disclose fees paid to each Subadviser by the
Adviser or a Subadvised Fund. Applicants seek an order to permit each
Subadvised Fund to disclose (as a dollar amount and a percentage of
each Subadvised Fund's net assets) only: (a) the aggregate fees paid to
the Adviser and any Affiliated Subadviser; and (b) the aggregate fees
paid to Subadvisers other than Affiliated Subadvisers (collectively,
the ``Aggregate Fee Disclosure''). A Subadvised Fund that employs an
Affiliated Subadviser will provide separate disclosure of any fees paid
to the Affiliated Subadviser.
    6. The Funds will inform shareholders of the hiring of a new
Subadviser pursuant to the following procedures (``Modified Notice and
Access Procedures''): (a) within 90 days after a new Subadviser is
hired for any Subadvised Fund, that Subadvised Fund will send its
shareholders either a Multi-manager Notice or a Multi-manager Notice
and Multi-manager Information Statement; \5\ and (b) the Subadvised
Fund will make the Multi-manager Information Statement available on the
Web site identified in the Multi-manager Notice no later than when the
Multi-manager Notice (or Multi-manager Notice and Multi-manager
Information Statement) is first sent to shareholders, and will maintain
it on that Web site for at least 90 days.
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    \5\ A ``Multi-manager Notice'' will be modeled on a Notice of
Internet Availability as defined in rule 14a-16 under the Securities
Exchange Act of 1934 (``Exchange Act''), and specifically will,
among other things: (a) summarize the relevant information regarding
the new Subadviser; (b) inform shareholders that the Multi-manager
Information Statement is available on a Web site; (c) provide the
Web site address; (d) state the time period during which the Multi-
manager Information Statement will remain available on that Web
site; (e) provide instructions for accessing and printing the Multi-
manager Information Statement; and (f) instruct the shareholder that
a paper or email copy of the Multi-manager Information Statement may
be obtained, without charge, by contacting the Subadvised Funds. A
``Multi-manager Information Statement'' will meet the requirements
of Regulation 14C, Schedule 14C and Item 22 of Schedule 14A under
the Exchange Act for an information statement, except as modified by
the requested order to permit Aggregate Fee Disclosure. Multi-
manager Information Statements will be filed electronically with the
Commission via the EDGAR system.
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Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of stock in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 19(a)(3) of Form N-1A requires disclosure of
the method and amount of the investment adviser's compensation.
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to a registered investment company to comply with Schedule 14A under
the Exchange Act. Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and
22(c)(9) of Schedule 14A, taken together, require a proxy statement for
a shareholder meeting at which the advisory contract will be voted upon
to include the ``rate of compensation of the investment adviser,'' the
``aggregate amount of the investment adviser's fees,'' a description of
the ``terms of the contract to be acted upon,'' and, if a change in the
advisory fee is proposed, the existing and proposed fees and the
difference between the two fees.
    4. Regulation S-X sets forth the requirements for financial
statements required to be included as part of a registered investment
company's registration statement and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b), and (c) of Regulation S-X require
a registered investment company to include in its

financial statement information about the investment advisory fees.
    5. 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 provision of the Act, or
from any rule thereunder, 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. Applicants state that the requested relief meets this standard for
the reasons discussed below.
    6. Applicants assert that the shareholders expect the Adviser,
subject to the review and approval of the Board, to select the
Subadvisers who are best suited to achieve the Subadvised Fund's
investment objective. Applicants assert that, from the perspective of
the shareholder, the role of the Subadviser is substantially equivalent
to the role of the individual portfolio managers employed by an
investment adviser to a traditional investment company. Applicants
state that requiring shareholder approval of each Subadvisory Agreement
would impose unnecessary delays and expenses on the Subadvised Funds
and may preclude the Subadvised Funds from acting promptly when the
Board and the Adviser believe that a change would benefit a Fund and
its shareholders. Applicants note that the Investment Advisory
Agreements and any subadvisory agreement with an Affiliated Subadviser
(if any) will continue to be subject to the shareholder approval
requirements of section 15(a) of the Act and rule 18f-2 under the Act.
    7. Applicants assert that the requested disclosure relief would
benefit shareholders of the Subadvised Funds because it would improve
the Adviser's ability to negotiate the fees paid to Subadvisers.
Applicants state that the Adviser may be able to negotiate rates that
are below a Subadviser's ``posted'' amounts if the Adviser is not
required to disclose the Subadvisers' fees to the public. Applicants
submit that the requested relief will encourage Subadvisers to
negotiate lower subadvisory fees with the Adviser if the lower fees are
not required to be made public.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions: \6\
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    \6\ Applicants will comply with conditions 6, 8, 11, and 13 only
if they rely on the relief that would allow them to provide
Aggregate Fee Disclosure.
---------------------------------------------------------------------------

    1. Before a Subadvised Fund may rely on the order, the operation of
the Subadvised Fund in the manner described in the application will be
approved by a majority of the Subadvised Fund's outstanding voting
securities as defined in the Act or, in the case of a Subadvised Fund
whose public shareholders purchase shares on the basis of a prospectus
containing the disclosure contemplated by condition 2 below, by the
initial shareholder before such Subadvised Fund's shares are offered to
the public.
    2. The prospectus for each Subadvised Fund will disclose the
existence, substance, and effect of any order granted pursuant to the
application. In addition, each Subadvised Fund will hold itself out to
the public as employing a Manager of Managers Structure. The prospectus
will prominently disclose that the Adviser has the ultimate
responsibility, subject to oversight by the Board, to oversee the
Subadvisers and recommend their hiring, termination, and replacement.
    3. A Subadvised Fund will inform shareholders of the hiring of a
new Subadviser within 90 days after the hiring of the new Subadviser
pursuant to the Modified Notice and Access Procedures.
    4. The Adviser will not enter into a Subadvisory Agreement with any
Affiliated Subadviser without that agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Subadvised Fund.
    5. At all times, at least a majority of the Board will be
Independent Trustees, and the selection and nomination of new or
additional Independent Trustees will be placed within the discretion of
the then-existing Independent Trustees.
    6. Independent legal counsel, as defined in rule 0-1(a)(6) under
the Act, has been and will continue to be engaged to represent the
Independent Trustees. The selection of such counsel will be within the
discretion of the then-existing Independent Trustees.
    7. Whenever a Subadviser change is proposed for a Subadvised Fund
with an Affiliated Subadviser, the Board, including a majority of the
Independent Trustees, will make a separate finding, reflected in the
Board minutes, that the change is in the best interests of the
Subadvised Fund and its shareholders, and does not involve a conflict
of interest from which the Adviser or the Affiliated Subadviser derives
an inappropriate advantage.
    8. Whenever a Subadviser is hired or terminated, the Adviser will
provide the Board with information showing the expected impact on the
profitability of the Adviser.
    9. The Adviser will provide general management services to each
Subadvised Fund, including overall supervisory responsibility for the
general management and investment of the Subadvised Fund's assets and,
subject to review and approval of the Board, will: (i) set the
Subadvised Fund's overall investment strategies; (ii) evaluate, select,
and recommend Subadvisers to manage all or a portion of the Subadvised
Fund's assets; (iii) allocate and, when appropriate, reallocate the
Subadvised Fund's assets among Subadvisers; (iv) monitor and evaluate
the Subadvisers' performance; and (v) implement procedures reasonably
designed to ensure that Subadvisers comply with the Subadvised Fund's
investment objective, policies and restrictions.
    10. No Trustee or officer of the Trust or of a Subadvised Fund or
director or officer of the Adviser will own directly or indirectly
(other than through a pooled investment vehicle that is not controlled
by such person) any interest in a Subadviser except for (i) ownership
of interests in the Adviser or any entity that controls, is controlled
by or is under common control with the Adviser; or (ii) ownership of
less than 1% of the outstanding securities of any class of equity or
debt of any publicly traded company that is either a Subadviser or an
entity that controls, is controlled by or is under common control with
a Subadviser.
    11. Each Subadvised Fund will disclose in its registration
statement the Aggregate Fee Disclosure.
    12. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the Application, the requested order will expire on the effective
date of that rule.
    13. The Adviser will provide the Board, no less frequently than
quarterly, with information about the profitability of the Adviser on a
per Subadvised Fund basis. The information will reflect the impact on
profitability of the hiring or termination of any Subadviser during the
applicable quarter.
    14. For Subadvised Funds that pay fees to a Subadviser directly
from Fund assets, any changes to a Subadvisory Agreement that would
result in an increase in the total management and advisory fees payable
by a Subadvised Fund will be required to be approved by the
shareholders of the Subadvised Fund.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-01255 Filed 1-22-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]
[Page 65634]
[DOCID:fr21no07-109]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Second Meeting, RTCA Special Committee 216: Aeronautical System
Security

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 216 meeting Aeronautical
Systems Security.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 216: Aeronautical Systems Security.

DATES: The meeting will be held on December 11-13, 2007, from 9 a.m. to
5 p.m.

ADDRESSES: The meeting will be held at ARINC Riva Road, Annapolis, MD.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036-5133; telephone<PHONE_NUMBER>; fax
(202) 833-9434; Web site http://www.rtca.org.

    Note: Please e-mail Sarah Parpana<EMAIL_ADDRESS>if you
plan to attend, so that security arrangements can be made for the
meeting. The following information will be needed by ARINC security
personnel. Please respond by December 4th.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (P.L. 92-463, 5 U.S.C., Appendix 2), notice is
hereby given for a Special Committee 216 meeting. The agenda will
include:
December 11-13
  Opening Session (Welcome, Introductory and Administrative
Remarks, Agenda Overview Minutes and Action Items from First Meeting).
 Presentations WG-72 topics.
 Presentations on ATS topics.
 Presentations on Existing Regulatory topics.
 Presentations on Special topics.
 Organization of Work, Assign Tasks and Workgroups.
     Presentation, Discussion, Recommendations.
     Assignment Action Items.
 Assignment of Responsibilities.
      Closing Session (Other Business, Assignment/Review of
Future Work, Establish Agenda, Date and Place of Next Meeting, Closing
Remarks, Adjourn).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on December 13, 2007.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 07-5765 Filed 11-20-07; 8:45 am]

BILLING CODE 4910-13-M