[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Notices]
[Pages 42317-42318]
[FR Doc No: 2012-17454]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0011]

Establish a Patient-Based Registry To Evaluate the Association of
Gadolinium Based Contrast Agents Exposure and Nephrogenic Systemic
Fibrosis

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of grant funds for the support of the development of a
patient-based registry to evaluate the association of gadolinium based
contrast agents (GBCAs) exposure and nephrogenic systemic fibrosis
(NSF). The goal of the GBCA project is to study the safety of the GBCAs
when used as indicated.

DATES: Important dates are as follows:
    1. The application due date is August 1, 2012.
    2. The anticipated start date is September 13, 2012.
    3. The opening date is July 2, 2012.
    4. The expiration date is August, 2, 2012.

ADDRESSES: Submit the paper application to: Vieda Hubbard, Grants
Management (HFA-500), 5630 Fishers Lane, Rockville, MD 20857, and a
copy to Ira Krefting, Center for Drug Evaluation and Research, Division
of Medical Imaging Products, 10903 New Hampshire Ave., Bldg. 22, rm.
2100, Silver Spring, MD 20993. For more information, see section III of
the SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION AND ADDITIONAL REQUIREMENTS CONTACT: Ira
Krefting, Center for Drug Evaluation and Research (CDER), Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 2100, Silver
Spring, MD 20993,<PHONE_NUMBER>, Email<EMAIL_ADDRESS>or
Vieda Hubbard, Office of Acquisitions and Grants Services (HFA-500),
Food and Drug Administration, 5630 Fishers Lane, rm. 2034, Rockville,
MD 20857,<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
    For more information on this funding opportunity announcement (FOA)
and to obtain detailed requirements, please refer to the full FOA
located at: http://www.fda.gov/downloads/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/UCM311309.pdf.

SUPPLEMENTARY INFORMATION:

I. Funding Opportunity Description

    RFA-FD-12-029
    93.103

A. Background

    Annually, millions of patients undergo magnetic resonance imaging
(MRI) and magnetic resonance angiography (MRA) procedures employing
GBCAs. Postmarketing data indicate that six of the eight GBCAs approved
for use in the United States have been directly implicated in the
development of NSF, a newly characterized, potentially fatal systemic
fibrotic skin and internal organ condition. Among the factors that may
increase the risk for NSF are repeated or higher than recommended doses
of GBCA and degree of renal impairment at the time of exposure; imaging
patients with severe renal failure appear to be at highest risk. In
one, early retrospective study of 370 patients with severe renal
failure who received gadodiamide the estimated risk for development of
NSF was 4 percent (Ref. 1). In a recent retrospective chart review
study by Wang of 52,954 contrast MR examinations with restrictive
guidelines for GBCA in patients with renal failure no new cases of NSF
were found (Ref. 2).

    In addition, the NSF risk appears to vary among the GBCAs.
Postmarketing data and corroborating preclinical data that demonstrated
a significant, unacceptable NSF risk has led FDA to recently
contraindicate Omniscan, Magnevist, and Optimark for patients with
acute kidney injury and severe chronic renal failure. The risk of NSF
associated with the remaining marketed GBCAs for patients with these
kidney conditions is expected to be lower, but is not fully understood.
Therefore, there is a public health need to study the risk of NSF
associated with the exposure of those remaining marketed GBCAs and to
inform the development of reliable knowledge, practice guidelines, and
regulatory processes in relationship to the safety of these agents.

B. Research Objectives

    The primary goal of this project is to employ an existing Quality
Assurance (QA) registry of patients with renal failure who received
GBCAs as the basis for a prospective registry study of the risk of NSF
associated with GBCAs among renal patients. Patients already enrolled
in this QA registry will be invited to enroll in an outpatient registry
to study their risk of NSF. Data from this project will help understand
the effect of cumulative dosing of the GBCAs in patients with slow
deterioration of renal function as occurs with aging, and the data
might also provide further reassurance as to the safety of the GBCAs
identified as having minimal association with the risk of NSF by
prospectively following patients who have received GBCAs. In addition,
the project will also provide data on the occurrence of allergic
reactions associated with the GBCA administration. A recent report by
Prince suggests an increased risk of allergic reactions with MultiHance
(Ref. 3).
    The prospective design of this project is important since most
previous clinical investigations have been based on chart review or
other retrospective data. Implementation of this project may also
provide the structure for future prospective investigations of other
diseases with an acute phase of hospitalization superimposed on a
chronic course.

C. Eligibility Information

    This is a sole source cooperative agreement to: University of
Pittsburg Medical Center.

II. Award Information/Funds Available

A. Award Amount

    CDER anticipates providing in FY2012 $250,000 (total costs include
direct and indirect costs), for one award subject to availability of
funds in support of this project.

B. Length of Support

    Support will be 1 year with the possibility of an additional year
of noncompetitive support. Continuation beyond the first year will be
based on satisfactory performance during the preceding year, receipt of
a noncompeting continuation application and subject to the availability
of Fiscal Year appropriations.

III. Paper Application, Registration, and Submission Information

    To submit a paper application in response to this FOA, applicants
should first review the full announcement located at: http://www.fda.gov/downloads/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/UCM311309.pdf. (FDA has verified
the Web site addresses throughout this document, but FDA is not
responsible for any subsequent changes to the Web sites after this
document publishes in the Federal Register.) Persons interested in
applying for a grant may obtain an application at: http://www.fda.gov/downloads/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/UCM311309.pdf. For all paper application submissions, the
following steps are required:
     Step 1: Obtain a Dun and Bradstreet (DUNS) Number.
     Step 2: Register With Central Contractor Registration.
     Step 3: Register With Electronic Research Administration
(eRA) Commons Steps 1 and 2, in detail, can be found at: http://www07.grants.gov/applicants/organization_registration.jsp. Step 3, in
detail, can be found at: https://commons.era.nih.gov/commons/registration/registrationInstructions.jsp. After you have followed
these steps, submit one paper application to: Vieda Hubbard, Grants
Management, Food and Drug Administration, Division of Support and
Grants, 5630 Fishers Lane, rm. 1079, HFA 500, Rockville, MD 20857 and a
copy to Ira Krefting, Center for Drug Evaluation and Research, Division
of Medical Imaging Products, 10903 New Hampshire Ave. Bldg. 22, Rm.
2100, Silver Spring, MD 20993.

IV. References

    The following references have been placed on display in the
Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852, and may be seen by interested persons between 9 a.m. and 4
p.m., Monday through Friday.

    1. Marckmann, Peter; Skov, Lone; Rossen, Kristian; Dupont,
Anders; Damholt, Mette Brimnes; Heaf, James Goya; and Thomsen,
Henrik, Journal of the American Society of Nephrology, 17:2359,
2006.
    2. Wang, Yingbing; Alkasab, Tarik; Narin, Ozden; Nazarian,
Rosalynn; Kaewali, Rathachai, Kaewlai; Kay, Jonathan; and Abujudeh,
Hani, Radiology, 260:105, 2011.
    3. Prince, Martin; Zhang, Honglei; Zou, Zhitong; Staron, Ronald;
and Brill, Paula, American Journal of Radiology, 196(2):W138, 2011.

    Dated: July 13, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-17454 Filed 7-17-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Notices]
[Page 31934]
[FR Doc No: 2016-11895]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
meetings related to the transmission planning activities of the New
York Independent System Operator, Inc.

The New York Independent System Operator, Inc. Joint Electric System
Planning Working Group

May 16, 2016, 10:00 p.m.-11:30 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/calendar/index.jsp.

The New York Independent System Operator, Inc. Joint Electric System
Planning Working Group and Transmission Planning Advisory Subcommittee
Meeting

May 25, 2016, 1:30 p.m.-3:30 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/calendar/index.jsp.
    The discussions at the meetings described above may address matters
at issue in the following proceedings:

New York Independent System Operator, Inc., Docket No. ER13-102.
New York Independent System Operator, Inc., Docket No. ER15-2059.
New York Independent System Operator, Inc., Docket No. ER16-120.
New York Independent System Operator, Inc., Docket No. ER13-1942.
New York Transco, LLC, Docket No. ER15-572.
New York Independent System Operator, Inc., Docket No. ER16-966.

    For more information, contact James Eason, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: May 12, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-11895 Filed 5-19-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23244-23245]
[FR Doc No: 2017-10382]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG17-107-000.
    Applicants: Clenera, LLC.
    Description: Notice of Self-Certification Of Exempt Wholesale
Generator Status of Clenera, LLC.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5139.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: EG17-108-000.
    Applicants: Carroll County Energy LLC.
    Description: Notice of Self-Certification of Carroll County Energy
LLC.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5141.
    Comments Due: 5 p.m. ET 6/5/17.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER16-2307-002.
    Applicants: Vista Energy Marketing, L.P.
    Description: Notice of change in status of Vista Energy Marketing,
L.P.
    Filed Date: 5/10/17.
    Accession Number: 20170510-5127.
    Comments Due: 5 p.m. ET 5/31/17.

    Docket Numbers: ER17-527-001.
    Applicants: InterGen Energy Solutions, LLC.
    Description: Notice of Change in Status of InterGen Energy
Solutions, LLC.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5092.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1596-000.
    Applicants: Michigan Electric Transmission Company, LLC.
    Description: Sec.  205(d) Rate Filing: Cancellation of Concurrence
to Operating Agreement to be effective 12/7/2015.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5074.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1597-000.
    Applicants: Michigan Electric Transmission Company, LLC.
    Description: Sec.  205(d) Rate Filing: Cancellation of Concurrence
to Facilities Agreement to be effective 12/7/2015.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5082.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1598-000.
    Applicants: International Transmission Company.
    Description: Sec.  205(d) Rate Filing: Cancellation of Operating
Agreement to be effective 12/7/2015.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5085.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1599-000.
    Applicants: International Transmission Company.
    Description: Sec.  205(d) Rate Filing: Cancellation of Facilities
Agreement to be effective 12/7/2015.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5087.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1600-000.
    Applicants: Union Leader Corporation.
    Description: Tariff Cancellation: Cancellation of Union Leader MBR
Tariff to be effective 5/15/2017.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5090.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1601-000.
    Applicants: Naniwa Energy LLC.
    Description: Tariff Cancellation: Cancellation Filing to be
effective 5/16/2017.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5091.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1602-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEP TX-The Energy Authority
ERCOT Regional TSA to be effective 4/17/2017.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5093.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1603-000.
    Applicants: Dominion Energy Marketing, Inc.
    Description: Compliance filing: Compliance Filing--Name Change to
Dominion Energy Generation Marketing, Inc. to be effective 5/12/2017.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5099.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1604-000.
    Applicants: Dominion Nuclear Connecticut, Inc.
    Description: Compliance filing: Compliance Filing--Name Change to
Dominion Energy Nuclear Connecticut, Inc. to be effective 5/12/2017.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5103.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1605-000.
    Applicants: Fairless Energy, LLC.
    Description: Compliance filing: Compliance Filing--Name Change to
Dominion Energy Fairless, LLC to be effective 5/12/2017.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5108.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1606-000
    Applicants: Wabash Valley Power Association, Inc.
    Description: Sec.  205(d) Rate Filing: WVPA--Amendments to Rate
Schedules--Solar Delivery Points to be effective 7/15/2017.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5130.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1607-000.
    Applicants: Sunray Energy 2, LLC.
    Description: Baseline eTariff Filing: Sunray 2--MBR Application to
be effective 5/19/2017.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5138.
    Comments Due: 5 p.m. ET 6/5/17.

    Docket Numbers: ER17-1608-000.
    Applicants: Sunray Energy 3 LLC.
    Description: Baseline eTariff Filing: Sunray 3--MBR Application to
be effective 6/2/2017.
    Filed Date: 5/15/17.
    Accession Number: 20170515-5140.
    Comments Due: 5 p.m. ET 6/5/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern

time on the specified comment date. Protests may be considered, but
intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 15, 2017..
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-10382 Filed 5-19-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Notices]
[Pages 20947-20948]
[FR Doc No: 2019-09752]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0010, Notice 1]

Spartan Motors USA, Inc, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Spartan Motors USA, Inc (Spartan), has determined that certain
model year (MY) 2015-2019 Spartan Specialty MM and K2 motorhome chassis
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS)
No. 121, Air Brake Systems. Spartan filed a noncompliance report dated
December 18, 2017, subsequently petitioned NHTSA on January 15, 2018,
for a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of
petition and offers the opportunity for public comment.

DATES: The closing date for comments on the petition is June 12, 2019.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket number cited in the title of this notice and may be submitted by
any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Spartan has determined that certain MY 2015-2019
Spartan Specialty MM and K2 motorhome chassis do not fully comply with
paragraph S<IP_ADDRESS> of FMVSS No. 121, Air Brake Systems (49 CFR
571.121). Spartan filed a noncompliance report dated December 18, 2017,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Spartan subsequently petitioned NHTSA on January 15, 2018,
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for
Inconsequential Defect or Noncompliance.
    This notice of receipt of Spartan's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgement concerning the merits of the petition.
    II. Vehicles Involved: Approximately 414 MY 2015-2019 Spartan
Specialty MM and K2 motorhome chassis manufactured between February 12,
2014, and December 11, 2017, are potentially involved.
    III. Noncompliance: Spartan described the noncompliance as the
combined volume of air in the service and supply reservoirs in the air
brake system does not meet the required minimum of twelve times the
combined volume of air from all service brake chambers as specified in
paragraph S<IP_ADDRESS> of FMVSS No. 121.
    IV. Rule Requirements: Paragraph S<IP_ADDRESS> of FMVSS No. 121, titled
``Air Brake Systems'' includes the requirements relevant to this
petition. The combined volume of all service reservoirs and supply
reservoirs shall be at least 12 times the combined volume of all
service brake chambers.
    V. Summary Spartan's of Petition: Spartan described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it related to motor vehicle safety.
    In support of its petition, Spartan submitted the following
reasoning:
    1. Paragraph S<IP_ADDRESS> of FMVSS No. 121, requires the combined
volume of all service reservoirs and supply reservoirs to be at least
12 times the combined volume of all service brake chambers. The chassis
affected by this condition are equipped with a T-24 brake chamber on
the steer axle, T-30 brake chamber on the drive axle and T-16 brake
chamber on the tag axle. In using the values in Table V of FMVSS No.
121, the cumulative air capacity of these brake chambers would be 404
cubic inches. Multiplying by 12, the needed air reservoir capacity
would be 4,848 cubic inches. To better illustrate the issue, refer to
the table below:

----------------------------------------------------------------------------------------------------------------
                                                                   FMVSS No. 121     Number of
                       Brake chamber size                         Cu. In. (Table  chambers total   Total Cu. In.
                                                                        V)            Cu. In.
----------------------------------------------------------------------------------------------------------------
T-24............................................................              67               2             134
T-30............................................................              89               2             178

T-16............................................................              46               2              92
                                                                 -----------------------------------------------
    Total Chamber Cu. In........................................................................             404
        Required Air Reservoir Capacity (using 12X Multiplier) Cu. In...........................           4,848
                                                                 -----------------------------------------------
            Spartan Actual Reservoir Capacity (Cu. In.).........................................           4,674
                                                                 -----------------------------------------------
                Additional Capacity Needed (Cu. In.)............................................             174
----------------------------------------------------------------------------------------------------------------
Cubic Inch--Cu. In.

    In paragraph S5.1.1 of FMVSS No. 121, the vehicle is to be equipped
with an air compressor of sufficient capacity to increase air pressure
in the supply and service reservoirs from 85 psi to 100 psi when the
engine is operating at the vehicle manufacturer's maximum recommended
revolutions per minute (r.p.m.) within a time, in seconds, determined
by the quotient (actual reservoir capacity x 25)/required reservoir
capacity). In using this equation, vehicles subject to the condition
represented in the table above, the air pressure would be required to
go from 85 psi to 100 psi within 24 seconds (4,674 * 25)/4,848). Using
the same equation and the required air reservoir capacity of 4848 cubic
inches, the air pressure would need to increase from 85 psi to 100 psi
within 25 seconds. Vehicles subject to the condition that has resulted
in the non-compliance to paragraph S<IP_ADDRESS> could increase air pressure
from 85 psi to 100 psi in less than 6 seconds, well within the
requirement of 25 seconds. Further, vehicles subject to this condition
have a cut in pressure set at, or greater than, the minimum requirement
of 100 psi.
    The impact of having 3.5 percent less air reservoir capacity than
required, the difference in the cut in pressure requirement of only 1
second would appear to have an adverse consequence of a slight increase
in air compressor cycling. However, this would be dependent on
application of the service brakes.
    Motorhomes have a similar duty cycle to that of a tractor-trailer
where they are driven at highway speeds with infrequent brake
applications during such drives. Motorhomes also are largely driven
from owner residences to campground locations throughout the traveling
season.
    Given these brake applications would appear to be less frequent
than those in stop and go applications. The lower than required
capacity, with the one second difference time to increase air pressure,
may not be noticeable by the driver and would not impact the braking
performance of the vehicle.
    2. Air System Warning: The completed motorhomes subject to this
condition are equipped with two air gauges that monitor the air system
pressure in both system 1 and system 2. In addition to the air gauges,
there are both a warning light and audible alarm to alert the driver in
the event of a low air condition.
    In conclusion, Spartan stated that the actual air reservoir
capacity in the affected motorhome chassis may be 3.5 percent less (174
cubic inches) than the calculated required amount. However, due to the
duty cycle of a motorhome and the air compressor cycling, that is well
within the required time using the equation from FMVSS No. 121, Spartan
believes the noncompliance is inconsequential as it relates to motor
vehicle safety. The less than required capacity does not appear to
impact vehicle braking performance (e.g., stopping distance, brake
application, and release timing). The completed vehicles are equipped
with dual air gauges, a visual and audible warning system to alert the
driver to a loss of air in the air brake system. Given the
aforementioned, Spartan expressed the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, this decision
only applies to the subject vehicles that Spartan no longer controlled
at the time it determined that the noncompliance existed. However, the
granting of this petition does not relieve vehicle distributors and
dealers of the prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into interstate commerce of
the noncompliant vehicles under their control after Spartan notified
them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 49
CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-09752 Filed 5-10-19; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register: October 31, 2005 (Volume 70, Number 209)]
[Notices]
[Page 62357-62359]
[DOCID:fr31oc05-80]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52665; File No. SR-DTC-2005-16]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing of Proposed Rule Change To Require Members To Purchase
Shares of the Common Stock of The Depository Trust & Clearing
Corporation

October 25, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on October 4, 2005, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I, II, and III below, which items have been prepared primarily
by DTC. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).

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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of this proposed rule change is to amend the rules of
DTC to require that participants of DTC other than Limited Participants
purchase shares of common stock of The Depository Trust & Clearing
Corporation (``DTCC'').

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, DTC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\2\
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    \2\ The Commission has modified the text of the summaries
prepared by DTC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    (a) DTCC is a holding company for three registered clearing
agencies: DTC, the National Securities Clearing Corporation (``NSCC''),
and the Fixed Income Clearing Corporation (``FICC''). Pursuant to
DTCC's current Shareholders Agreement (``Current Shareholders
Agreement''), substantially all members and participants of DTC, NSCC,
and FICC (``Participants'') are entitled but are not required to
purchase DTCC common shares. Participants are allocated an entitlement
to purchase DTCC common shares on the basis of their relative use of
the services of DTC, NSCC, and FICC. As of the last periodic allocation
of share entitlements in 2003, approximately 1,100 Participants had a
right to purchase DTCC common shares; however, only 190 Participants
currently own any DTCC common shares and of these only 86 own DTCC
common shares up to the full amounts of their share entitlements.
    DTCC is currently soliciting the consent of its common shareholders
to amend the Current Shareholders Agreement pursuant to which
Participants of DTC, NSCC, and FICC that make full use of the services
of one or more of these clearing agency subsidiaries of DTCC would be
required to purchase DTCC common shares (``Mandatory Purchaser
Participants'') \3\ in accordance with the terms of the Current
Shareholders Agreement while preserving the right but not the
obligation of other Participants that make only limited use of their
services to purchase DTCC common shares (``Voluntary Purchaser
Participants'').\4\
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    \3\ Under the Proposed Shareholders Agreement, a Mandatory
Purchaser Participant that is a Participant in more than one
clearing agency will be required to purchase DTCC common shares
based upon its relative use of the services of all clearing agencies
of which it is a Participant.
    \4\ The proposed DTCC Shareholders Agreement (``Proposed
Shareholders Agreement'') marked to show the proposed amendments is
attached to the proposed rule change as Exhibit 3 and is available
on DTC's Web site at http://www.dtc.org/impNtc/mor/index.html. The

effective date of the Proposed Shareholders Agreement would be the
later of (i) approval by DTCC common shareholders owning two-thirds
of the outstanding DTCC common shares and (ii) approval by the
Commission of the proposed rule change and similar proposed rule
changes being submitted by NSCC and FICC.
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    Holders of DTCC common shares are entitled to elect all of the
directors of DTCC other than two directors that DTCC preferred
shareholders are entitled to elect.\5\ DTCC common shareholders are
entitled to vote on all other matters submitted to a vote of DTCC
shareholders, and each DTCC common shareholder is entitled to one vote
per DTCC common share. DTCC common shareholders are entitled to
cumulate their votes for the election of directors. In addition, DTCC
common shareholders are entitled to receive, when and if declared by
the Board of Directors of DTCC, out of assets of DTCC dividends payable
in cash or stock or otherwise. However, since DTC, NSCC, and FICC
provide their services to their Participants on a cost-basis with
revenues in excess of expenses and necessary reserves rebated or on a
discounted basis, as a matter of policy and practice DTCC does not pay
any dividends on DTCC common shares. The proposed amendments to the
Current Shareholders Agreement will have no effect on these rights of
DTCC common shareholders and preferred shareholders.
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    \5\ In connection with the 1999 integration of DTC and NSCC and
formation of DTCC, the New York Stock Exchange (``NYSE'') and the
National Association of Securities Dealers (``NASD''), the then
coowners of NSCC, each received 10,000 DTCC preferred shares in
exchange for their NSCC common stock. DTCC preferred shareholders
have no right to vote on any matters submitted to a vote of DTC
shareholders except that each of the two DTCC preferred shareholders
are entitled to elect one director. DTCC preferred shareholders have
no right to receive any dividends. In the event of any liquidation,
dissolution or winding up of the affairs of DTCC, DTCC preferred
shareholders are entitled to a liquidation preference of $300 per
share of DTCC preferred stock.
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    Pursuant to certain covenants in the Current Shareholders
Agreement, a person elected a director of DTCC also serves as a
director of each of DTC, NSCC, and FICC. The proposed changes in the
Current Shareholders Agreement will have no effect on these covenants.
    The system for allocating entitlements to purchase shares, which
was incorporated into the Current Shareholders Agreement, was first
implemented by DTC with respect to DTC common shares in 1973. At that
time, the banks that were users of DTC's services purchased their DTC
common shares directly but for logistical and other reasons the NYSE,
the NASD and the American Stock Exchange (``AMEX'') (collectively, the
``Self-Regulatory Organizations'') purchased the DTC common shares
allocated to the broker-dealers that were members of the Self-
Regulatory Organizations and users of the services of DTC. It was
anticipated that over time as broker-dealers exercised their right to
purchase DTC common shares, the number of DTC common shares held by
broker-dealers directly would increase and the number of DTC common
shares held by the Self-Regulatory Organizations would correspondingly
decrease, potentially to zero, since the share entitlements of the
Self-Regulatory Organizations were a function of the unexercised share
entitlements of their members.
    The Self-Regulatory Organizations, notwithstanding the passage of
time and the opportunity afforded their members to purchase DTCC common
shares, continue to hold a significant block of DTCC common shares.
NYSE holds approximately 29% of the outstanding DTCC common shares, and
the NASD and the AMEX each holds approximately 3.7%. Accordingly, a
total of approximately 36.4% of the outstanding DTCC common shares are
not held by Participants but rather are held in a representative
capacity by the Self-Regulatory Organizations for broker-dealer
Participants which have not purchased any DTCC common shares or have
not purchased DTCC common shares commensurate with their share
entitlements. It is also the case that a significant number of
Participants other than broker-dealers have not purchased any DTCC
common shares or have not purchased DTCC common shares commensurate
with their share entitlements. Ownership of DTCC common shares (and
previously ownership of DTC common shares) is not a financial
investment but instead is a vehicle for supporting each registered
clearing agency and influencing its policies and operations through the
election of directors.
    By providing that all DTCC common shares are owned by Participants,
DTC

believes that these proposed rule changes and the proposed amendments
to the Current Shareholders Agreement will guarantee that Participants
continue to govern and control the activities of DTC, NSCC, and FICC,
including the kinds and quality of services provided and the service
fees charged. In particular, Participants will be in a position to
assure that DTC, NSCC, and FICC continue the practices of establishing
fees that are cost-based and use-based and of returning to Participants
in the form of cash rebates or discounts revenues in excess of expenses
and necessary reserves. Finally, because they introduce the greatest
risks to the clearing agencies and obtain the greatest benefits from
clearing agency services, it is appropriate to require those
Participants making full use of the services of DTC, NSCC, or FICC to
contribute to DTCC's capital through the purchase of its common shares.
    DTC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \6\ and the rules and
regulations thereunder applicable to DTC because DTC believes the
proposed changes to the Current Shareholders Agreement will assure fair
representation of DTC's participants in the selection of DTC's
directors and the administration of its affairs.
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    \6\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others

    Written comments relating to the proposed rule change have not yet
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period: (i) As the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding; or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve such proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
) or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-DTC-2005-16 in the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
All submissions should refer to File Number SR-DTC-2005-16. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filings also will be
available for inspection and copying at the principal office of DTC and
on DTC's Web site, http://www.dtc.org/impNtc/mor/index.html. All

comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-DTC-2005-16 and should be
submitted on or before November 21, 2005.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-(a)(12).
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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-5999 Filed 10-28-05; 8:45 am]

BILLING CODE 8010-01-P