[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Notices]
[Page 40622]
[FR Doc No: 2017-17993]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Requests for
Comments; Clearance of Renewed Approval of Information Collection:
Aircraft Noise Certification Documents for International Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew a previously approved
information collection. This collection ensures that U.S. operators
have proper noise certification information when they fly outside the
U.S.

DATES: Written comments should be submitted by September 25, 2017.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Barbara Hall at<EMAIL_ADDRESS>or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0737.
    Title: Aircraft Noise Certification Documents for International
Operations.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Performance and Handling Requirements for
Rotocraft.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on June 19, 2017 (82 FR 27947). There were no comments.
14 CFR part 91 requires operators of U.S. registered civil aircraft
flying outside the United States to carry aircraft noise certification
information on board. This rule is needed to ensure consistent
compliance with the ICAO, Annex 16, Volume 1, Amendment 8 that requires
certain noise information be carried on board the aircraft. The rule
requires that this information be easily accessible to the flight crew
and presentable upon request to the appropriate foreign officials.
    Respondents: Approximately 73 operators of aircraft currently
registered to U.S. mainline air carriers.
    Frequency: On occasion.
    Estimated Average Burden per Response: 25 minutes.
    Estimated Total Annual Burden: 31 hours.

    Issued in Washington, DC on August 21, 2017.
Ronda L. Thompson,
FAA Information Collection Clearance Officer, Performance, Policy &
Records Management Branch, ASP-110.
[FR Doc. 2017-17993 Filed 8-24-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: July 20, 2010 (Volume 75, Number 138)]
[Notices]
[Page 42177-42181]
[DOCID:fr20jy10-116]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29341; File No. 812-13743]

Federated Enhanced Treasury Income Fund, et al.; Notice of
Application

July 14, 2010.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 19(b) of
the Act and rule 19b-1 under the Act.

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SUMMARY:  Summary of Application: Applicants request an order
(``Order'') to permit certain registered closed-end management
investment companies to make periodic distributions of long-term
capital gains with respect to their outstanding common stock as
frequently as monthly in any taxable year, and as frequently as
distributions are specified by or in accordance with the terms of any
outstanding preferred stock that such investment companies may issue.
    Applicants: Federated Enhanced Treasury Income Fund, Federated
Premier Intermediate Municipal Income Fund, Federated Premier Municipal
Income Fund (collectively, the ``Current Funds'') and Federated
Investment Management Company (``Federated'' or the ``Adviser'').

DATES:  Filing Dates: The application was filed on January 15, 2010 and
amended on May 18, 2010, and July 9, 2010.

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 August 9, 2010, 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: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants, c/o Gregory Dulski,
Federated Investors Tower, 1001 Liberty Avenue, Pittsburgh,
Pennsylvania 15222-3779.

FOR FURTHER INFORMATION CONTACT: Barbara T. Heussler, Senior Counsel,
at<PHONE_NUMBER>, or Jennifer L. Sawin, Branch Chief, at (202) 551-
6821 (Division of Investment Management, Office of Investment Company
Regulation).

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. Each Current Fund is a registered closed-end management
investment company organized as a Delaware statutory trust.\1\ The
common shares of the Current Funds are listed on the New York Stock
Exchange. The Premier Intermediate Municipal Income Fund and Premier
Municipal Income Fund have also issued preferred shares. Applicants
believe that investors in the common shares of the Current Funds may
prefer an investment vehicle that provides regular/monthly
distributions and a steady cash flow.
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    \1\ Applicants request that any Order issued granting the relief
requested in the application also apply to any registered closed-end
investment company currently advised or to be advised in the future
by Federated (including any successor in interest) or by an entity
controlling, controlled by or under common control (within the
meaning of section 2(a)(9) of the Act) with Federated (such
entities, together with Federated, the ``Investment Advisers'') that
decides in the future to rely on the requested relief. Any closed-
end investment company that relies on the Order in the future will
comply with the terms and conditions of the application (such
investment companies together with the Current Funds, the ``Funds,''
and with the Investment Advisers, the ``Applicants''). All existing
Funds currently intending to rely on the Order have been named as
Applicants. A successor in interest is limited to entities that
result from a reorganization into another jurisdiction or a change
in the type of business organization.
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    2. Federated, a registered investment adviser under the Investment
Advisers Act of 1940, as amended (``Advisers Act''), acts as the
Current Funds' investment adviser and administrator. Federated is a
wholly-owned subsidiary of Federated Investors, Inc. Each future
Investment Adviser to a Fund will be registered under the Advisers Act.
    3. Applicants state that, prior to a Fund's implementing a
distribution plan in reliance on the Order, the Board of Trustees (the
``Board'') of the Fund, including a majority of the trustees who are
not ``interested persons,'' of such Fund as defined in section 2(a)(19)
of the Act (the ``Independent Trustees''), shall have requested, and
the Adviser shall have provided, such information as is reasonably
necessary to make an informed determination on whether the Board should
adopt a proposed distribution policy. In particular, the Board and the
Independent Trustees shall have reviewed information regarding the
purpose and terms of a proposed distribution policy, the likely effects
of such policy on such Fund's long-term total return (in relation to
market price and its net asset value per common share (``NAV'')) and
the relationship between such Fund's distribution rate on its common
shares under the policy and such Fund's total return (in relation to
NAV); whether the rate of distribution would exceed such Fund's
expected total return in relation to its NAV; and any foreseeable
material effects of such policy on such Fund's long-term total return
(in relation to market price and NAV). The Independent Trustees shall
also have considered what conflicts of interest the Adviser and the
affiliated persons of the Adviser and each such Fund might have with
respect to the adoption or implementation of such policy. Applicants
state that, only after considering such information shall the Board,
including the Independent Trustees, of a Fund approve a distribution
policy with respect to such Fund's common shares (the ``Plan'') and in
connection with such approval shall have determined that such Plan is
consistent with a Fund's investment objectives and in the best
interests of a Fund's common shareholders.
    4. Applicants state that the purpose of a Plan would be to permit a
Fund to distribute over the course of each year, through periodic
distributions as nearly equal as practicable and any required special
distributions, an amount closely approximating the total taxable income
of such Fund during such year and, if so determined by its Board, all
or a portion of the return of capital paid by portfolio companies to
such Fund during such year. It is anticipated that under the Plan of a
Fund, such Fund would distribute to its respective common shareholders
a fixed monthly percentage of the market price of such Fund's common
shares at a particular point in time or a fixed monthly percentage of
NAV at a particular time or a fixed monthly amount, any of which may be
adjusted from time to time. It is anticipated that under a Plan, the
minimum annual distribution rate with respect to such Fund's common
shares would be independent of a Fund's performance during any
particular period but would be expected to correlate with a Fund's
performance over time. Except for extraordinary distributions and
potential increases or decreases in the final dividend periods in light
of a Fund's performance for an entire calendar year and to enable a
Fund to comply with the distribution requirements of Subchapter M of
the Internal Revenue Code (``Code'') for the fiscal year, it is
anticipated that each distribution on the common shares would be at the
stated rate then in effect.
    5. Applicants state that prior to the implementation of a Plan for
a Fund, the Board shall have adopted policies and procedures under rule
38a-1 under the Act that: (i) Are reasonably designed to ensure that
all notices required to be sent to the Fund's shareholders pursuant to
section 19(a) of the Act, rule 19a-1 thereunder and condition 4 below
(each a ``19(a) Notice'') include the disclosure required by rule 19a-1
under the Act and by condition 2(a) below, and that all other written
communications by the Fund or its agents regarding distributions under
the Plan include the disclosure required by condition 3(a) below; and
(ii) require the Fund to keep records that demonstrate its compliance
with all of the conditions of the Order and that are necessary for such
Fund to form the basis for, or demonstrate the calculation of, the
amounts disclosed in its 19(a) Notices.

Applicants' Legal Analysis

    1. Section 19(b) of the Act generally makes it unlawful for any
registered investment company to make long-term capital gains
distributions more than once every twelve months. Rule 19b-1 under the
Act limits the number of capital gains dividends, as defined in section
852(b)(3)C) of the Code (``distributions''), that a fund may make with
respect to any one taxable year to one, plus a supplemental ``clean
up'' distribution made pursuant to section 855 of the Code not
exceeding 10% of the total amount distributed for the year, plus one
additional capital gain dividend made in whole or in part to avoid the
excise tax under section 4982 of the Code.
    2. Section 6(c) of the Act provides that the Commission may, by
order upon application, conditionally or unconditionally exempt any
person, security, or transaction, or any class or classes of persons,
securities or transactions, from any provision of the

Act, if and to the extent that the 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.
    3. Applicants state that one of the concerns leading to the
enactment of section 19(b) and adoption of rule 19b-1 was that
shareholders might be unable to distinguish between frequent
distributions of capital gains and dividends from investment income.
Applicants state, however, that rule 19a-1 effectively addresses this
concern by requiring that distributions (or the confirmation of the
reinvestment thereof) estimated to be sourced in part from capital
gains or capital be accompanied by a separate statement showing the
sources of the distribution (e.g., estimated net income, net short-term
capital gains, net long-term capital gains, and/or return of capital).
Applicants state that similar information is included in the Funds'
annual reports to shareholders and on the Internal Revenue Service Form
1099 DIV, which is sent to each common and preferred shareholder who
received distributions during a particular year.
    4. Applicants further state that each of the Funds will make the
additional disclosures required by the conditions set forth below, and
each of them has adopted compliance policies and procedures in
accordance with rule 38a-1 under the Act to ensure that all required
19(a) Notices and disclosures are sent to shareholders. Applicants
argue that by providing the information required by section 19(a) and
rule 19a-1, and by complying with the procedures adopted under the Plan
and the conditions listed below, each Fund's shareholders would be
provided sufficient information to understand that their periodic
distributions are not tied to a Fund's net investment income and
realized capital gains to date, and may not represent yield or
investment return. Accordingly, Applicants assert that continuing to
subject the Funds to section 19(b) and rule 19b-1 would afford
shareholders no extra protection.
    5. Applicants assert that section 19(b) and rule 19b-1 also were
intended to prevent certain improper sales practices, including, in
particular, the practice of urging an investor to purchase shares of a
fund on the basis of an upcoming capital gains dividend (``selling the
dividend''), where the dividend would result in an immediate
corresponding reduction in NAV and would be in effect a taxable return
of the investor's capital. Applicants assert that the ``selling the
dividend'' concern should not apply to closed-end investment companies,
such as the Funds, which do not continuously distribute shares.
According to the Applicants, if the underlying concern extends to
secondary market purchases of shares of closed-end funds that are
subject to a large upcoming capital gains dividend, adoption of a
periodic distribution plan actually helps minimize the concern by
avoiding, through periodic distributions, any buildup of large end-of-
the-year distributions.
    6. Applicants note that the common stock of closed-end funds
generally tends to trade in the marketplace at a discount to their
NAVs. Applicants believe that this discount may be reduced if the Funds
are permitted to pay relatively frequent dividends on their common
shares at a consistent rate, whether or not those dividends contain an
element of capital gain.
    7. Applicants assert that the application of rule 19b-1 to a Plan
actually gives rise to one of the concerns that rule 19b-1 was intended
to avoid: Inappropriate influence on portfolio management decisions.
Applicants state that, in the absence of an exemption from rule 19b-1,
the adoption of a periodic distribution plan imposes pressure on
management: (i) Not to realize any net long-term capital gains until
the point in the year that the fund can pay all of its remaining
distributions in accordance with rule 19b-1; and (ii) not to realize
any long-term capital gains during any particular year in excess of the
amount of the aggregate pay-out for the year (since as a practical
matter excess gains must be distributed and accordingly would not be
available to satisfy pay-out requirements in following years),
notwithstanding that purely investment considerations might favor
realization of long-term gains at different times or in different
amounts. Applicants assert that by limiting the number of capital gain
distributions that a fund may make with respect to any one year, rule
19b-1 may prevent the normal and efficient operation of a periodic
distribution plan whenever that fund's realized net long-term capital
gains in any year exceed the total of the periodic distributions that
may include such capital gains under the rule.
    8. In addition, Applicants assert that rule 19b-1 may cause fixed
regular periodic distributions to be funded with returns of capital \2\
(to the extent net investment income and realized short term capital
gains are insufficient to fund the distribution), even though
undistributed realized net long-term capital gains otherwise would be
available. To distribute all of a fund's long-term capital gains within
the limits in rule 19b-1, a fund may be required to make total
distributions in excess of the annual amount called for by its periodic
distribution plan or to retain and pay taxes on the excess amount.
Applicants thus assert that the requested Order would minimize these
anomalous effects of rule 19b-1 by enabling the Funds to realize long-
term capital gains as often as investment considerations dictate
without fear of violating rule 19b-1.
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    \2\ Returns of capital as used in the application means return
of capital for financial accounting purposes and not for tax
accounting purposes.
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    9. Applicants state that Revenue Ruling 89-81 under the Code
requires that a fund that has both common shares and preferred shares
outstanding designate the types of income, e.g., investment income and
capital gains, in the same proportion as the total distributions
distributed to each class for that tax year. To satisfy the
proportionate designation requirements of Revenue Ruling 89-81,
whenever a fund has realized a long-term capital gain with respect to a
given tax year, the fund must designate the required proportionate
share of such capital gain to be included in common and preferred share
dividends. Applicants state that although rule 19b-1 allows a fund some
flexibility with respect to the frequency of capital gains
distributions, a fund might use all of the exceptions available under
rule 19b-1 for a tax year and still need to distribute additional
capital gains allocated to the preferred shares to comply with Revenue
Ruling 89-81.
    10. Applicants assert the potential abuses addressed by section
19(b) and rule 19b-1 do not arise with respect to preferred shares
issued by a closed-end fund. Applicants assert that such distributions
are either fixed, determined in periodic auctions, or determined by
reference to short-term interest rates rather than by reference to
performance of the issuer, and Revenue Ruling 89-81 determines the
proportion of such distributions that are comprised of long-term
capital gains.
    11. Applicants also submit that the ``selling the dividend''
concern is not applicable to preferred shares, which entitles a holder
to no more than a periodic dividend at a fixed rate or the rate
determined by the market, and like a debt security, is priced based
upon its liquidation value, dividend rate, credit quality, and
frequency of payment. Applicants assert that investors buy preferred
shares for the purpose of receiving payments at the frequency bargained
for and do not expect the liquidation value of their shares to change.

    12. Applicants request an order pursuant to section 6(c) of the Act
granting an exemption from the provisions of section 19(b) of the Act
and rule 19b-1 thereunder to permit each Fund to make periodic capital
gain dividends (as defined in section 852(b)(3)(C) of the Code) as
often as monthly in any one taxable year in respect of its common
shares and as often as specified by or determined in accordance with
the terms thereof in respect of the Fund's preferred shares.

Applicants' Conditions

    Applicants agree that, with respect to each Fund seeking to rely on
the Order, the Order will be subject to the following conditions.

1. Compliance Review and Reporting

    The Fund's chief compliance officer will: (a) Report to the Fund's
Board, no less frequently than once every three months or at the next
regularly scheduled quarterly Board meeting, whether: (i) The Fund and
its Investment Adviser have complied with the conditions of the order;
and (ii) a material compliance matter (as defined in rule 38a-1(e)(2)
under the Act) has occurred with respect to such conditions; and (b)
review the adequacy of the policies and procedures adopted by the Board
no less frequently than annually.

2. Disclosures to Fund Shareholders

    (a) Each 19(a) Notice disseminated to the holders of the Fund's
common shares, in addition to the information required by section 19(a)
and rule 19a-1:
    (i) Will provide, in a tabular or graphical format:
    (1) The amount of the distribution, on a per common share basis,
together with the amounts of such distribution amount, on a per common
share basis and as a percentage of such distribution amount, from
estimated: (A) Net investment income; (B) net realized short-term
capital gains; (C) net realized long-term capital gains; and (D) return
of capital or other capital source;
    (2) The fiscal year-to-date cumulative amount of distributions, on
a per common share basis, together with the amounts of such cumulative
amount, on a per common share basis and as a percentage of such
cumulative amount of distributions, from estimated: (A) Net investment
income; (B) net realized short-term capital gains; (C) net realized
long-term capital gains; and (D) return of capital or other capital
source;
    (3) The average annual total return in relation to the change in
NAV for the 5-year period (or, if the Fund's history of operations is
less than five years, the time period commencing immediately following
the Fund's first public offering) ending on the last day of the month
prior to the most recent distribution record date compared to the
current fiscal period's annualized distribution rate expressed as a
percentage of NAV as of the last day of the month prior to the most
recent distribution record date; and
    (4) The cumulative total return in relation to the change in NAV
from the last completed fiscal year to the last day of the month prior
to the most recent distribution record date compared to the fiscal
year-to-date cumulative distribution rate expressed as a percentage of
NAV as of the last day of the month prior to the most recent
distribution record date. Such disclosure shall be made in a type size
at least as large and as prominent as the estimate of the sources of
the current distribution; and
    (ii) Will include the following disclosure:
    (1) ``You should not draw any conclusions about the Fund's
investment performance from the amount of this distribution or from the
terms of the Fund's Plan'';
    (2) ``The Fund estimates that it has distributed more than its
income and net realized capital gains; therefore, a portion of your
distribution may be a return of capital. A return of capital may occur,
for example, when some or all of the money that you invested in the
Fund is paid back to you. A return of capital distribution does not
necessarily reflect the Fund's investment performance and should not be
confused with `yield' or `income' '';\3\ and
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    \3\ The disclosure in this condition 2(a)(ii)(2) will be
included only if the current distribution or the fiscal year-to-date
cumulative distributions are estimated to include a return of
capital.
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    (3) ``The amounts and sources of distributions reported in this
19(a) Notice are only estimates and are not being provided for tax
reporting purposes. The actual amounts and sources of the amounts for
tax reporting purposes will depend upon the Fund's investment
experience during the remainder of its fiscal year and may be subject
to changes based on tax regulations. The Fund will send you a Form 1099
DIV for the calendar year that will tell you how to report these
distributions for federal income tax purposes.''
    Such disclosure shall be made in a type size at least as large as
and as prominent as any other information in the 19(a) Notice and
placed on the same page in close proximity to the amount and the
sources of the distribution.
    (b) On the inside front cover of each report to shareholders under
rule 30e-1 under the Act, the Fund will:
    (i) Describe the terms of the Plan (including the fixed amount or
fixed percentage of the distributions and the frequency of the
distributions);
    (ii) Include the disclosure required by condition 2(a)(ii)(1)
above;
    (iii) State, if applicable, that the Plan provides that the Board
may amend or terminate the Plan at any time without prior notice to
Fund shareholders; and
    (iv) Describe any reasonably foreseeable circumstances that might
cause the Fund to terminate the Plan and any reasonably foreseeable
consequences of such termination; and
    (c) Each report provided to shareholders under rule 30e-1 under the
Act and each prospectus filed with the Commission on Form N-2 under the
Act, will provide the Fund's total return in relation to changes in NAV
in the financial highlights table and in any discussion about the
Fund's total return.

3. Disclosure to Shareholders, Prospective Shareholders and Third
Parties

    (a) The Fund will include the information contained in the relevant
19(a) Notice, including the disclosure required by condition 2(a)(ii)
above, in any written communication (other than a communication on Form
1099) about the Plan or distributions under the Plan by the Fund, or
agents that the Fund has authorized to make such communication on the
Fund's behalf, to any Fund common shareholder, prospective common
shareholder or third-party information provider;
    (b) The Fund will issue, contemporaneously with the issuance of any
19(a) Notice, a press release containing the information in the 19(a)
Notice and will file with the Commission the information contained in
such 19(a) Notice, including the disclosure required by condition
2(a)(ii) above, as an exhibit to its next filed Form N-CSR; and
    (c) The Fund will post prominently a statement on its (or the
Investment Adviser's) Web site containing the information in each 19(a)
Notice, including the disclosure required by condition 2(a)(ii) above,
and will maintain such information on such Web site for at least 24
months.

4. Delivery of 19(a) Notices to Beneficial Owners

    If a broker, dealer, bank or other person (``financial
intermediary'') holds common shares issued by the Fund in nominee name,
or otherwise, on behalf of a beneficial owner, the Fund: (a) Will

request that the financial intermediary, or its agent, forward the
19(a) Notice to all beneficial owners of the Fund's shares held through
such financial intermediary; (b) will provide, in a timely manner, to
the financial intermediary, or its agent, enough copies of the 19(a)
Notice assembled in the form and at the place that the financial
intermediary, or its agent, reasonably requests to facilitate the
financial intermediary's sending of the 19(a) Notice to each beneficial
owner of the Fund's shares; and (c) upon the request of any financial
intermediary, or its agent, that receives copies of the 19(a) Notice,
will pay the financial intermediary, or its agent, the reasonable
expenses of sending the 19(a) Notice to such beneficial owners.

5. Additional Board Determinations for Funds Whose Shares Trade at a
Premium

    If:
    (a) The Fund's common shares have traded on the stock exchange that
they primarily trade on at the time in question at an average premium
to NAV equal to or greater than 10%, as determined on the basis of the
average of the discount or premium to NAV of the Fund's common shares
as of the close of each trading day over a 12-week rolling period (each
such 12-week rolling period ending on the last trading day of each
week); and
    (b) The Fund's annualized distribution rate for such 12-week
rolling period, expressed as a percentage of NAV as of the ending date
of such 12-week rolling period, is greater than the Fund's average
annual total return in relation to the change in NAV over the 2-year
period ending on the last day of such 12-week rolling period; then:
    (i) At the earlier of the next regularly scheduled meeting or
within four months of the last day of such 12-week rolling period, the
Board, including a majority of the Independent Trustees:
    (1) Will request and evaluate, and the Fund's Investment Adviser
will furnish, such information as may be reasonably necessary to make
an informed determination of whether the Plan should be continued or
continued after amendment;
    (2) Will determine whether continuation, or continuation after
amendment, of the Plan is consistent with the Fund's investment
objective(s) and policies and in the best interests of the Fund and its
shareholders, after considering the information in condition 5(b)(i)(1)
above, including, without limitation:
    (A) Whether the Plan is accomplishing its purpose(s);
    (B) The reasonably foreseeable material effects of the Plan on the
Fund's long-term total return in relation to the market price and NAV
of the Fund's common shares; and
    (C) The Fund's current distribution rate, as described in condition
5(b) above, compared with the Fund's average annual taxable income or
total return over the 2-year period, as described in condition 5(b), or
such longer period as the Board deems appropriate; and
    (3) Based upon that determination, will approve or disapprove the
continuation, or continuation after amendment, of the Plan; and
    (ii) The Board will record the information considered by it,
including its consideration of the factors listed in condition
5(b)(i)(2) above, and the basis for its approval or disapproval of the
continuation, or continuation after amendment, of the Plan in its
meeting minutes, which must be made and preserved for a period of not
less than six years from the date of such meeting, the first two years
in an easily accessible place.

6. Public Offerings

    The Fund will not make a public offering of the Fund's common
shares other than:
    (a) A rights offering below NAV to holders of the Fund's common
shares;
    (b) An offering in connection with a dividend reinvestment plan,
merger, consolidation, acquisition, spin-off or reorganization of the
Fund; or
    (c) An offering other than an offering described in conditions 6(a)
and 6(b) above, provided that, with respect to such other offering:
    (i) The Fund's annualized distribution rate for the six months
ending on the last day of the month ended immediately prior to the most
recent distribution record date,\4\ expressed as a percentage of NAV as
of such date, is no more than 1 percentage point greater than the
Fund's average annual total return for the 5-year period ending on such
date,\5\ and
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    \4\ If the Fund has been in operation fewer than six months, the
measured period will begin immediately following the Fund's first
public offering.
    \5\ If the Fund has been in operation fewer than five years, the
measured period will begin immediately following the Fund's first
public offering.
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    (ii) The transmittal letter accompanying any registration statement
filed with the Commission in connection with such offering discloses
that the Fund has received an order under section 19(b) to permit it to
make periodic distributions of long-term capital gains with respect to
its common shares as frequently as twelve times each year, and as
frequently as distributions are specified by or determined in
accordance with the terms of any outstanding preferred shares as such
Fund may issue.

7. Amendments to Rule 19b-1

    The requested order will expire on the effective date of any
amendment to rule 19b-1 that provides relief permitting certain closed-
end investment companies to make periodic distributions of long-term
capital gains with respect to their outstanding common shares as
frequently as twelve times each year.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-17637 Filed 7-19-10; 8:45 am]
BILLING CODE 8010-01-P


Addendum No. 1 to MRID # 421698 44 DER Study Title: Hardies, D, 1991. An aerobic soil metabolism study with S 23031, an experimental herbicide. Guideline Number: 162 1 Reasons for changes:

Upgrade of status from ( Upgradable, Unacceptable) to Acceptable. Specify why  Recalculation of t 1/ 2 values. Specify why

Recalculation of Koc values. Specify why

Identification of degradates

Others Half life was recalculated to include the degradate IMCA, or flumiclorac acid, along with the parent, flumiclorac pentyl, for use in the Drinking Water Assessment. Calculation was on the basis of applied radiation (% AR), and was done with SigmaPlot, using 2 parameter, single first order ( SFO/ 2) procedure. This study was for test compound labeled in the phenyl ring.

Results Procedure Half life or DT50 3* half life or DT90 Intercept p value, R2 Empirical 4 to 7 days > 85 days 100.1 % AR

SFO/ 2 8.04 days 24.1 days 94.7 % AR 0.0005, 0.906 Revised by : ____________________________ Date: ____________

Secondary reviewed by: ___________________ Date: ___________

 August 2000   MRID 42169844 aerobic soil metabolism of flumiclorac pentyl ( S 23031)

day parent IMCA sum 0 100.1 0 100.1 0.0833 74.8 24.2 99 0.25 66.2 31.3 97.5 0.5 45.5 49 94.5 1 33.4 53 86.4 2 20.1 51.4 71.5 4 18.8 37.4 56.2 7 17.8 20.6 38.4 14 17.2 16 33.2 28 12.1 9.1 21.2 30 14.1 7.8 21.9 56 13.7 3.7 17.4 85 13.2 1.8 15 parent + IMCA by SFO/ 2 days 0 20 40 60 80 100 % AR 0 20 40 60 80 100 120 x column 2 vs y column 2 MRID 42169844 aerobic soil metabolism of flumiclorac pentyl ( S 23031) vs Col 4 Nonlinear Regression [ Variables] x = col( 1) y = col( 4) reciprocal_ y= 1/ abs( y) reciprocal_ ysquare= 1/ y^ 2 ' Automatic Initial Parameter Estimate Functions xnear0( q)= max( abs( q)) abs( q) yatxnear0( q, r)= xatymax( q, xnear0( r)) [ Parameters] a = yatxnear0( y, x) '' Auto {{ previous: 94.7265}} b =  ln(. 5)/( x50( x, y) min( x)) '' Auto {{ previous: 0.0862027}} [ Equation] f= a* exp( b* x) fit f to y '' fit f to y with weight reciprocal_ y '' fit f to y with weight reciprocal_ ysquare [ Constraints] b> 0 [ Options] tolerance= 0.0001 stepsize= 100 iterations= 100 R = 0.95189399 Rsqr = 0.90610217 Adj Rsqr = 0.89756601 Standard Error of Estimate = 11.1222 Coefficient Std. Error t P a 94.7265 5.0126 18.8976 < 0.0001 b 0.0862 0.0179 4.8239 0.0005 Analysis of Variance: DF SS MS F P Regression 1 13131.0041 13131.0041 106.1486 < 0.0001 Residual 11 1360.7436 123.7040 Total 12 14491.7477 1207.6456 PRESS = 1769.2214 Durbin Watson Statistic = 0.3666 Normality Test: Passed ( P = 0.2200)

Constant Variance Test: Failed ( P = 0.0018)

Power of performed test with alpha = 0.0500: 1.0000 Regression Diagnostics: Row Predicted Residual Std. Res. Stud. Res. Stud. Del. Res. 3 94.7265 5.3735 0.4831 0.5412 0.5230 4 94.0487 4.9513 0.4452 0.4962 0.4785 5 92.7069 4.7931 0.4309 0.4760 0.4586 6 90.7304 3.7696 0.3389 0.3703 0.3552 7 86.9029  0.5029  0.0452  0.0486  0.0464 8 79.7254  8.2254  0.7395  0.7876  0.7731 9 67.0999  10.8999  0.9800  1.0683  1.0760 10 51.8096  13.4096  1.2057  1.4059  1.4801 11 28.3366 4.8634 0.4373 0.5386 0.5204 12 8.4767 12.7233 1.1440 1.2265 1.2587 13 7.1343 14.7657 1.3276 1.4043 1.4780 14 0.7585 16.6415 1.4962 1.4994 1.6028 15 0.0623 14.9377 1.3431 1.3431 1.4006 Influence Diagnostics: Row Cook'sDist Leverage DFFITS 3 0.0373 0.2031 0.2641 4 0.0298 0.1951 0.2356 5 0.0250 0.1805 0.2152 6 0.0133 0.1621 0.1563 7 0.0002 0.1362  0.0184 8 0.0416 0.1183  0.2831 9 0.1075 0.1585  0.4670 10 0.3556 0.2646  0.8878 11 0.0750 0.3408 0.3742 12 0.1125 0.1301 0.4868 13 0.1172 0.1063 0.5096 14 0.0048 0.0043 0.1050 15 0.0001 0.0001 0.0114 95% Confidence: Row Predicted Regr. 5% Regr. 95% Pop. 5% Pop. 95% 3 94.7265 83.6938 105.7592 67.8754 121.5777 4 94.0487 83.2363 104.8612 67.2874 120.8101 5 92.7069 82.3065 103.1073 66.1093 119.3045 6 90.7304 80.8745 100.5863 64.3410 117.1198 7 86.9029 77.8674 95.9383 60.8088 112.9970 8 79.7254 71.3063 88.1445 53.8383 105.6126 9 67.0999 57.3537 76.8462 40.7512 93.4486 10 51.8096 39.2172 64.4020 24.2808 79.3383 11 28.3366 14.0452 42.6281  0.0096 56.6829 12 8.4767  0.3542 17.3075  17.5473 34.5007 13 7.1343  0.8458 15.1144  18.6134 32.8820 14 0.7585  0.8411 2.3582  23.7735 25.2906 15 0.0623  0.1366 0.2611  24.4184 24.5429


[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Pages 55381-55382]
[FR Doc No: 2017-25159]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0913]

Agency Information Collection Activities; Proposed Collection;
Comment Request; 513(g) Request for Information

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection burden estimate
for requests for a written statement from FDA regarding the
classification and regulatory requirements that may be applicable to a
particular device (513(g) requests).

DATES: Submit either electronic or written comments on the collection
of information by January 22, 2018.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before January 22, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of January 22, 2018. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2014-N-0913 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; 513(g) Request for Information.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information,

including each proposed extension of an existing collection of
information, before submitting the collection to OMB for approval. To
comply with this requirement, FDA is publishing notice of the proposed
collection of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA'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 respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

513(g) Request for Information

OMB Control Number 0910-0705--Extension

    Section 513(g) of the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 360c(g)) provides a means for obtaining the
Agency's views about the classification and regulatory requirements
that may be applicable to a particular device. Section 513(g) provides
that, within 60 days of the receipt of a written request of any person
for information respecting the class in which a device has been
classified or the requirements applicable to a device under the FD&C
Act, the Secretary of Health and Human Services shall provide such
person a written statement of the classification (if any) of such
device and the requirements of the FD&C Act applicable to the device.
    The guidance document entitled ``FDA and Industry Procedures for
Section 513(g) Requests for Information Under the Federal Food, Drug,
and Cosmetic Act; Guidance for Industry and Food and Drug
Administration Staff'' establishes procedures for submitting,
reviewing, and responding to requests for information respecting the
class in which a device has been classified or the requirements
applicable to a device under the FD&C Act that are submitted in
accordance with section 513(g) of the FD&C Act. FDA does not review
data related to substantial equivalence or safety and effectiveness in
a 513(g) request for information. FDA's responses to 513(g) requests
for information are not device classification decisions and do not
constitute FDA clearance or approval for marketing. Classification
decisions and clearance or approval for marketing require submissions
under different sections of the FD&C Act.
    Additionally, the FD&C Act, as amended by the Food and Drug
Administration Amendments Act of 2007 (Pub. L. 110-85), requires FDA to
collect user fees for 513(g) requests for information. The guidance
document entitled ``Guidance for Industry and Food and Drug
Administration Staff; User Fees for 513(g) Requests for Information''
assists FDA staff and regulated industry by describing the user fees
associated with 513(g) requests. The Medical Device User Fee Cover
Sheet (Form FDA 3601), which accompanies the supplemental material
described in this information collection is approved under OMB control
number 0910-0511 and expires August 31, 2019.
    FDA estimates the burden of this collection of information as
follows:

                                   Table 1--Estimated Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                     Number of
            Activity                 Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
CDRH 513(g) requests............             114               1             114              12           1,368
CBER 513(g) requests............               4               1               4              12              48
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,416
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs of operating and maintenance costs associated with this collection off
  information.

    Respondents of this collection of information are mostly device
manufacturers; however, anyone may submit a 513(g) request for
information. The total number of annual responses is based on the
average number of 513(g) requests received each year by the Agency.

    Dated: November 9, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-25159 Filed 11-20-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31255-31257]
[FR Doc No: 2017-14150]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0345]
RIN 1625-AA00

Safety Zone; Oswego Harborfest 2017 Breakwall Fireworks Display;
Oswego Harbor, Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Oswego Harbor, Oswego, NY. This safety zone is intended to restrict
vessels from a portion of the Oswego Harbor during the Oswego
Harborfest 2017 Breakwall Fireworks Display. This temporary safety zone
is necessary to protect mariners and vessels from the navigational
hazards associated with a fireworks display.

DATES: This rule is effective from 9:15 p.m. on July 27, 2017, until
10:45 p.m. July 28, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0345 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Michael Collet, Chief of Waterways Management, U.S.
Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
final details of this event were not known to the Coast Guard until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect mariners and vessels from the
hazards associated with a maritime fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register because doing so would be
impracticable and contrary to the public interest. Delaying the

effective date would be contrary to the rule's objectives of ensuring
safety of life on the navigable waters and protection of persons and
vessels near the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Buffalo (COTP) has determined that a
maritime fireworks show presents significant risks to public safety and
property. Such hazards include premature and accidental detonations,
dangerous projectiles, and falling or burning debris. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the fireworks show is
taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone on July 27, 2017, or in the
event of inclement weather July 28, 2017, from 9:15 p.m. until 10:45
p.m. The safety zone will encompass all waters of the Oswego Harbor,
Oswego, NY contained within a 350-foot radius of the breakwall between
positions 43[deg]27'54'' N., 076[deg]31'24'' W. then northeast to
43[deg]27'59'' N., 076[deg]31'12'' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure,

we do discuss the effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule establishes a safety zone. It is categorically excluded under
section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction, which
pertains to establishment of safety zones. A Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated in the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0345 to read as follows:

Sec.  165.T09-0345  Safety Zone; Oswego Harborfest 2017 Breakwall
Fireworks Display; Oswego Harbor, Oswego, NY.

    (a) Location. This zone will encompass all waters of the Oswego
Harbor, Oswego, NY contained within a 350-foot radius of the breakwall
between positions 43[deg]27'54'' N., 076[deg]31'24'' W. then northeast
to 43[deg]27'59'' N., 076[deg]31'12'' W. (NAD 83).
    (b) Enforcement period. This rule will be enforced from 9:15 p.m.
until 10:45 p.m. on July 27, 2017, or in the event of inclement
weather, on July 28, 2017, from 9:15 p.m. until 10:45 p.m.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: June 26, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-14150 Filed 7-5-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Notices]
[Pages 57771-57772]
[FR Doc No: 2011-23726]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-36; OMB Control No. 3235-0028]

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Rule 17f-2(d).

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities

and Exchange Commission (``Commission'') is soliciting comments on the
existing collection of information provided for in Rule 17f-2(d) under
the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Act'').
The Commission plans to submit this existing collection of information
to the Office of Management and Budget for extension and approval.
    Rule 17f-2(d) requires that records produced pursuant to the
fingerprinting requirements of Section 17(f)(2) of the Act be
maintained; permits the designated examining authorities of broker-
dealers or members of exchanges, under certain circumstances, to store
and maintain records required to be kept by this rule; and permits the
required records to be maintained on microfilm. The general purpose for
Rule 17f-2 is to: (i) Identify security risk personnel; (ii) provide
criminal record information so that employers can make fully informed
employment decisions; and (iii) deter persons with criminal records
from seeking employment or association with covered entities. The rule
enables the Commission or other examining authority to ascertain
whether all required persons are being fingerprinted and whether proper
procedures regarding fingerprint are being followed. Retention of these
records for the term of employment of all personnel plus three years
ensures that law enforcement officials will have easy access to
fingerprint cards on a timely basis. This in turn acts as an effective
deterrent to employee misconduct.
    Approximately 5,300 respondents are subject to the recordkeeping
requirements of the rule. Each respondent keeps approximately 60 new
records per year, which takes approximately 2 minutes per record for
the respondent to maintain, for an annual burden of approximately 2
hours (60 records times 2 minutes) per respondent or a total annual
burden of approximately 10,300 hours (5,300 respondents times 2 hours)
for all respondents. All records subject to the rule must be retained
for the term of employment plus 3 years. In addition, we estimate the
total cost to respondents is approximately $119,000. ($53,000 in
estimate third party storage costs plus $66,000 in capital and start up
costs).
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid Office of Management and Budget (OMB) control number.
    Background documentation for this information collection may be
viewed at the following link, http://www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an e-mail to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon,
6432 General Green Way, Alexandria, VA 22312 or send an e-mail to:
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days
of this notice.

    Dated: September 12, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-23726 Filed 9-15-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 1, 2005 (Volume 70, Number 210)]
[Notices]
[Page 65956]
[DOCID:fr01no05-124]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52651; File No. SR-SCCP-2004-03]

Self-Regulatory Organizations; Stock Clearing Corporation of
Philadelphia; Order Granting Approval of a Proposed Rule Change
Relating to Anonymous Features on Trading Systems

October 21, 2005.

I. Introduction

    On August 5, 2004, the Stock Clearing Corporation of Philadelphia
(``SCCP'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-SCCP-2004-03 pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'').\1\
On September 7, 2004, SCCP amended the proposed rule change. Notice of
the proposal was published in the Federal Register on August 10,
2005.\2\ No comment letters were received. For the reasons discussed
below, the Commission is granting approval of the proposed rule change
with the conditions set forth below.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 52201 (August 3, 2005),
70 FR 46565.
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II. Description

    The rule change allows SCCP to process trades executed on a trading
system that provides for anonymous trading.\3\ Pursuant to the rule
change, SCCP will be able in the future to receive locked-in trade data
from a trading system that provides anonymity. In such a situation,
SCCP would report such trades to its members using an anonymous acronym
instead of naming or identifying the actual contraside.
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    \3\ SCCP's rule change is similar to a rule change approved by
the Commission in 2003 that allowed the National Securities Clearing
Corporation (``NSCC'') to accommodate the reporting of trades
executed on a system that provides trading anonymity. Securities
Exchange Act Release No. 48526 (September 23, 2003), 68 FR 56367
(September 30, 2003) [File No. SR-NSCC-2003-14].
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    In the event that SCCP ceases to act for a member involved in
anonymous trading, the operator of the trading system shall have the
responsibility to identify to its users the trades, which are generally
included in reports produced by SCCP, involving the affected member.
SCCP would forward to the operator of the trading system the
appropriate information to facilitate its notification of its users. In
addition, should SCCP receive information from NSCC that NSCC had
ceased to act for an NSCC member that was an unidentified contraside of
any such trade, SCCP would also forward this information to the
operator of the trading system.\4\
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    \4\ NSCC's anonymous trading procedure includes similar
notification requirements.
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III. Discussion

    Section 17A(b)(3)(F) of the Act provides that the rules of a
clearing agency should be designed to promote the prompt and accurate
clearance and settlement of securities transactions.\5\ To benefit from
the advantages of an anonymous trading system, parties to anonymous
trades need to keep their identities anonymous in any reports provided
to counterparties as part of the clearance and settlement of the
trades. By allowing SCCP to use an acronym in place of the name or
identity of contrasides of anonymous trades in the trade reports it
provides to its members, the proposed rule change allows the parties to
anonymous trades to preserve their anonymity and thus to preserve the
benefits associated with executing anonymous trades. Accordingly, the
proposed rule change is designed to promote the prompt and accurate
clearance and settlement of securities transactions conducted on
anonymous trading systems by allowing such trades to be cleared and
settled through SCCP and therefore receive the benefits and
efficiencies SCCP offers as a registered clearing agency.
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    \5\ 15 U.S.C. 78q-1(a)(A)(B).
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    As a condition of this approval, SCCP will notify the Commission in
writing before it begins processing trades executed on each anonymous
trading system. Such notification shall include such information as the
name of the anonymous trading system, the operator and/or owner of the
anonymous trading system, the proposed processing start date, and any
other relevant information requested by the Commission.

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular Section 17A of the Act and the rules and regulations
thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-SCCP-2004-03) be and hereby
is approved.
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    \6\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\6\
Jonathan G. Katz,
Secretary.
[FR Doc. E5-6016 Filed 10-31-05; 8:45 am]

BILLING CODE 8010-01-P


Comment Info: =================

General Comment:This is to request that you extend the comment period for the Proposed Rule Deeming Tobacco Products (etc., RIN: 0910-AG38; 79 Fed. Reg. 23,142, Federal Register No. 2014-09491) from 75 days to 180 days.

I am committed to electronic cigarettes, having switched to them after smoking for 55 years, during which time no other cessation method worked for me. Since this comment period is the only opportunity the FDA has afforded me, as an individual consumer, to provide input to the process, I feel obliged to proceed carefully and in as informed and thoughtful a way as possible; 75 days is simply not enough time to analyze 241 pages plus the Economic Impact Analysis and to prepare and forward to you my substantive comments and suggestions.

I therefore ask you to do as you have done in the past and exercise your authority under 21 CFR 10.40 to extend the comment period to 180 days.