[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Notices]
[Page 9502]
[FR Doc No: 2015-03558]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Membership in the National Parks Overflights Advisory Group
Aviation Rulemaking Committee

AGENCY: Federal Aviation Administration, Transportation.

ACTION: Notice.

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SUMMARY: By Federal Register notice (See 79 FR 77594-77595, December
24, 2014) the National Park Service (NPS) and the Federal Aviation
Administration (FAA) invited interested persons to apply to fill two
existing openings and one upcoming opening on the National Parks
Overflights Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC).
The notice invited interested persons to apply to fill two currently
vacant seats representing environmental concerns and one future opening
to represent Native American interests. This notice informs the public
of the persons selected to fill these current and future vacancies.

FOR FURTHER INFORMATION CONTACT: Keith Lusk, Special Programs Staff,
Federal Aviation Administration, Western-Pacific Region Headquarters,
P.O. Box 92007, Los Angeles, CA 90009-2007, telephone:<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (the Act) was
enacted on April 5, 2000, as Public Law 106-181, and subsequently
amended in the FAA Modernization and Reform Act of 2012. The Act
required the establishment of the advisory group within 1 year after
its enactment. The NPOAG was established in March 2001. The advisory
group is comprised of a balanced group of representatives of general
aviation, commercial air tour operations, environmental concerns, and
Native American tribes. The Administrator of the FAA and the Director
of NPS (or their designees) serve as ex officio members of the group.
Representatives of the Administrator and Director serve alternating 1-
year terms as chairman of the advisory group.
    In accordance with the Act, the advisory group provides ``advice,
information, and recommendations to the Administrator and the
Director--
    (1) On the implementation of this title [the Act] and the
amendments made by this title;
    (2) On commonly accepted quiet aircraft technology for use in
commercial air tour operations over a national park or tribal lands,
which will receive preferential treatment in a given air tour
management plan;
    (3) On other measures that might be taken to accommodate the
interests of visitors to national parks; and
    (4) At the request of the Administrator and the Director, safety,
environmental, and other issues related to commercial air tour
operations over a national park or tribal lands.''

Membership

    The current NPOAG ARC is made up of one member representing general
aviation, three members representing the commercial air tour industry,
four members representing environmental concerns, and two members
representing Native American interests. Current members of the NPOAG
ARC are as follows:
    Heidi Williams representing general aviation; Alan Stephen, Matt
Zuccaro, and Mark Francis representing commercial air tour operators;
Michael Sutton and Dick Hingson representing environmental interests
with two open seats; and Rory Majenty and Martin Begaye representing
Native American tribes. Rory Majenty's seat expires on April 2, 2015.

Selection

    The persons selected to fill the two open seats representing
environmental concerns are Nicholas Miller and Mark Belles. Their 3-
year terms will begin on the day of this Federal Register notice
publication. The person selected to fill the upcoming open seat
representing Native American concerns is Leigh Kuwanwisiwma. Mr.
Kuwanwisiwma's 3-year term will begin on April 3, 2015.

    Issued in Hawthorne, CA on February 11, 2015.
Keith Lusk,
Program Manager, Special Programs Staff, Western-Pacific Region.
[FR Doc. 2015-03558 Filed 2-18-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Notices]
[Pages 54632-54634]
[FR Doc No: 2016-19431]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78526; File No. SR-OCC-2016-008]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Revise The Options Clearing Corporation's Schedule of Fees

August 10, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 29, 2016, The Options Clearing Corporation (``OCC'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by OCC. OCC filed the proposed rule change pursuant
to Section 19(b)(3)(A)(ii) \3\ of the Act and Rule 19b-4(f)(2) \4\
thereunder so that the proposal was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The purpose of this proposed rule change by OCC is to revise OCC's
Schedule of Fees effective October 1,

2016, or such later date as OCC may determine and announce to its
Clearing Members via Information Memo,\5\ to implement a change of fees
in conjunction with enhancements to OCC's Stock Loan Program
(``Program'').
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    \5\ On August 8, 2016, pursuant to a telephone conversation with
Commission staff, OCC agreed that if OCC determines that an
effective date later than October 1, 2016 is required for the fee
change that is the subject of this filing, OCC will re-file a
revised Schedule of Fees specifying the new effective date. In
addition, OCC agreed to the insertion of clarifying language
concerning its determination of any later effective date in its
description of the proposed rule change.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to revise OCC's
Schedule of Fees to more adequately cover the expenses incurred by OCC
to operate the Program, including costs associated with ongoing and
anticipated operational and risk management enhancements to the
Program. The revised fee schedule would become effective on October 1,
2016, or such later date as OCC may determine and announce via
Information Memo.\6\
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    \6\ See supra note 5.
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    The Program began in 1993 as a tool for participants to use
borrowed and loaned securities to reduce OCC margin requirements by
reflecting the actual risks of their inter-market hedged positions.
When the Program began, OCC implemented a risk management
infrastructure based on the Program's scale and complexity. Over time,
OCC's Clearing Members have discovered that the Program can provide
valuable risk management and capital efficiency solutions.
Specifically, the credit risk of a given stock loan transaction in the
Program is significantly lower than a bilaterally executed stock loan
as a result of OCC's novation and guarantee of stock loans in the
Program, and Clearing Members' stock loans in the Program are netted
against their other positions held at OCC. These factors have caused
significant increases in both the scale of the Program and the
resulting risk management demands. As a result of the increased
operational and risk management demands of the Program, and in light of
OCC's heightened responsibilities as a designated Systemically
Important Financial Market Utility, OCC is considering a number of
enhancements to its operational and risk management systems and
processes, which require both process redesign and increased operating
expenses. These enhanced systems and processes would include:
     The capture and validation of trades prior to facilitating
settlement;
     A new position accounting system to support expanded
guarantee of contract terms such as rebate rate and term;
     An automated trade correction mechanism;
     Automated systems to support re-matching upon the default
of a participant lending and borrowing the same security; and,
     Automation of the default management process for any
unmatched positions and limitation of the close-out period.
    Taking these enhancements into account, OCC analyzed its pricing
for the Program, which has not been updated since 2009, against the
Program's annual revenue as well as the Program's expenses assessed
against OCC by the Depository Trust Company (``DTC'') and determined
that current pricing would not reflect the expenses incurred by OCC to
make the Program more robust and sustainable given its increased scope
and risk managements demands.
    OCC arrived at the fee schedule presented herein by determining
pricing for the Program that: (1) Covers OCC's costs in running the
Program, including the transaction fees charged to OCC by DTC; (2)
account for costs incurred by OCC to make the operational and risk
management enhancements required to make the Program more robust and
sustainable; and, (3) better reflects the value the Program provides
participants, particularly to borrowers, by providing for a centrally
cleared and risk managed stock loan clearing solution. As a result of
the aforementioned analysis, OCC proposes to revise its Schedule of
Fees \7\ by adding a monthly 0.4 basis point annualized charge for
borrowers on average daily notional outstanding balances in addition to
the current $1 clearing fee for both lenders and borrowers, which would
be retained under the proposed fee change.\8\
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    \7\ These changes are also reflected in Exhibit 5.
    \8\ OCC notes that the proposed fee increase is designed to help
defray increased expenses to OCC from the development and
implementation of the ongoing and anticipated operational and risk
management enhancements discussed above. Moreover, OCC would
continue to monitor Program revenue and expenses in order to
determine if further revisions to OCC's Schedule of Fees are
required so that revenue is commensurate with expenses and the
services provided. Any subsequent changes to OCC's Schedule of Fees
would be the subject of a subsequent proposed rule change filed with
the Commission.
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    OCC does not believe that its current pricing schedule reflects the
value that the Program provides to its participants, particularly to
borrowers using the Program. Securities lending transactions are
typically driven by the need for borrowers to obtain specific
securities. Lenders, in comparison, do not have a specific need to lend
their securities and the price of a given stock loan transaction in
part compensates the lender for the borrower's credit risk. As a
result, it is common for the borrower to pay all ancillary fees related
to a given stock loan transaction. Moreover, while borrowers and
lenders both benefit from the risk management and capital efficiencies
gained by clearing stock loan transactions through the Program, on
balance, the capital efficiencies for borrowers are greater.
Furthermore, the implementation of the aforementioned operational and
risk management enhancements would provide for a more robust and
sustainable Program, and as a result, OCC hopes to be able to build on
this foundation in the future to attract a broader market of securities
borrowers and lenders to the Program, particularly securities lenders,
which would potentially lead to borrowers in the Program receiving
better loan rates because there would a greater amount of willing
lenders.
2. Statutory Basis
    OCC believes that the proposed rule change concerning a change to
OCC's clearing fees is consistent with Section 17A(b)(3)(D) \9\ of the
Act, because the proposed fee schedule provides for the equitable
allocation of reasonable fees among its Clearing Members. OCC believes
the proposed fee change is reasonable because it is designed to cover
the costs incurred by OCC to implement operational and risk management
enhancements designed to make the Program more robust and sustainable,
particularly given the increased scale and risk management demands of
the Program, and the increased revenue from the fee change

is anticipated to help offset the increased expenses incurred by OCC to
make such enhancements. These enhancements would strengthen the
Program's operational resiliency and risk management capabilities,
potentially enabling the introduction of further enhancements that
would allow the Program to service a broader market of participants,
which in turn would provide economic benefits and lower risk for both
borrowers and lenders. Moreover, OCC believes that the proposed fee
schedule would provide for an equitable allocation of clearing fees to
users of the Program. Specifically, OCC would retain the $1 new loan
transaction clearing fee for both lenders and borrowers, and the
proposed fee change would impose an additional monthly 0.4 basis point
annualized charge for borrowers based on average daily notional
outstanding balances to more appropriately allocate costs of the
Program to those users benefiting most from the Program. The proposed
fee change would therefore better align Program fees with the industry,
in which is it common practice for borrowers to bear additional costs
associated with stock loan transactions. The proposed rule change is
not inconsistent with the existing rules of OCC, including any other
rules proposed to be amended.
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    \9\ 17 U.S.C. 78q-1(b)(3)(D).
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(B) Clearing Agency's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would have any
impact or impose a burden on competition not necessary or appropriate
in furtherance of the purposes of the Act.\10\ Although this proposed
rule change would assess an additional fee against borrowers utilizing
the Program that is not assessed against lenders, as explained above,
OCC believes that the proposed rule change appropriately aligns how
fees are assessed with the economic and risk management benefits of the
Program, and enables OCC to provide a more robust Program that will
expand its user base and benefit borrowers. Also, the proposed fee
changes would not disadvantage or favor any particular borrower or
lender utilizing the Program in relationship to another borrower or
lender, respectively, because the proposed clearing fees apply equally
to all users of the Program. Accordingly, OCC does not believe that the
proposed rule change would have any impact or impose a burden on
competition not necessary or appropriate in furtherance of the purposes
of the Act.
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    \10\ 15 U.S.C. 78q-1(b)(3)(I).
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(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change, and none have been received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \11\ and Rule 19b-4(f)(2) thereunder.\12\ At
any time within 60 days of the filing of the proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
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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 email to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2016-008 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-OCC-2016-008. This file
number should be included on the subject line if email 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of OCC and on OCC's
Web site at http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_16_008.pdf.
    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-OCC-2016-008
and should be submitted on or before September 6, 2016.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19431 Filed 8-15-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)] [Notices] [Page 38461] [FR Doc No: 2020-13933]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting; Cancellation

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 85 FR 37119, June  19, 2020.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Wednesday, June 24,  2020 at 2:00 p.m.

CHANGES IN THE MEETING:  The Closed Meeting scheduled for Wednesday,  June 24, 2020 at 2:00 p.m., has been cancelled.

CONTACT PERSON FOR MORE INFORMATION:  For further information; please  contact Vanessa A. Countryman from the Office of the Secretary at (202)  551-5400.

    Dated: June 24, 2020. Vanessa A. Countryman, Secretary. [FR Doc. 2020-13933 Filed 6-24-20; 4:15 pm] BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46365-46368]
[FR Doc No: 2015-19018]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31728; 812-14337]

AMG Pantheon Private Equity Fund, LLC, et al.; Notice of
Application

July 29, 2015.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections 18(c)
and 18(i) of the Act and for an order pursuant to section 17(d) of the
Act and rule 17d-1 under the Act.

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SUMMARY OF APPLICATION:  Applicants request an order to permit certain
registered closed-end management investment companies to issue multiple
classes of units of beneficial interest (``Units'') with varying sales
loads and to impose asset-based distribution and/or service fees, and
contingent deferred sales loads (``CDSCs'').

APPLICANTS:  AMG Pantheon Private Equity Fund, LLC (the ``Feeder
Fund''), AMG Pantheon Private Equity Master Fund, LLC (the ``Master
Fund''), Pantheon Ventures (US) LP (the ``Adviser'') and AMG
Distributors, Inc. (the ``Placement Agent'').

FILING DATES:  The application was filed on July 25, 2014, and amended
on December 30, 2014 and May 13, 2015.

HEARING OR NOTIFICATION OF HEARING:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on August 21, 2015, and should be accompanied by proof of
service on the applicants, in the form of an affidavit, or, for
lawyers, a certificate of service. Pursuant to rule 0-5 under the Act,
hearing requests should state

the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants, c/o Mark Duggan, AMG
Funds LLC, 800 Connecticut Avenue, Norwalk, Connecticut 06854.

FOR FURTHER INFORMATION CONTACT: Barbara T. Heussler, Senior Counsel,
at<PHONE_NUMBER> or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Feeder Fund and the Master Fund, each organized as a
Delaware limited liability company, are registered under the Act as
closed-end, non-diversified management investment companies. The Feeder
Fund intends to invest substantially all of its assets in the Master
Fund in reliance on section 12(d)(1)(E) of the Act. The Master Fund
expects to pursue its investment objective by investing primarily in
private equity investments. To maintain liquidity, the Master Fund will
invest in exchange-traded funds (``ETFs'') designed to track equity
indexes and, to a lesser extent, in cash and short-term securities. In
addition, the Master Fund may use derivative instruments, primarily
equity options and swaps, for hedging purposes to help protect the
value of its ETF investments.
    2. The Adviser, a Delaware limited partnership, is registered as an
investment adviser under the Investment Advisers Act of 1940 and serves
as investment adviser to the Feeder Fund and the Master Fund. The
Placement Agent, a broker-dealer registered under the Securities
Exchange Act of 1934 (``1934 Act''), acts as the principal underwriter
of the Feeder Fund. Affiliated Managers Group, Inc., a publicly-traded
company, indirectly owns a majority of the interests of the Adviser and
indirectly owns 100% of the shares of the Placement Agent. The
Placement Agent is under common control with the Adviser and is an
affiliated person, as defined in section 2(a)(3) of the Act, of the
Adviser.
    3. The Feeder Fund offers its Units \1\ in private placement
transactions on a continuous basis at net asset value per unit, as
described in the Feeder Fund's confidential memorandum (``Confidential
Memorandum'').\2\ Units of the Feeder Fund are not offered or traded in
a secondary market and are not listed on any securities exchange or
quoted on any quotation medium. Applicants do not expect that any
secondary market will develop for the Units.
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    \1\ ``Units'' includes any other equivalent designation of a
proportionate ownership interest of the Feeder Fund (or any other
registered closed-end management investment company relying on the
requested order).
    \2\ The Units are currently only being sold and will only be
sold to persons who are ``accredited investors,'' as defined in
Regulation D under the Securities Act of 1933 (``Securities Act'').
The Feeder Fund reserves the right to conduct a public offering of
the Units under the Securities Act in the future.
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    4. The Feeder Fund currently offers a single class of Units (the
``Advisory Class Units'') at net asset value subject to an asset-based
distribution and/or service fee (``Distribution and/or Service Fee'')
pursuant to a distribution and service plan adopted in conformity with
rule 12b-1 under the Act (a ``Distribution and Service Plan''). The
Feeder Fund proposes to offer continuously two additional classes of
Units, each having its own expense structure (``Transactional Class
Units'' and ``Institutional Class Units''), in addition to any
additional classes of Units that may be offered in the future. The
Transactional Class Units would be offered at net asset value and may
(but would not necessarily) be subject to a front-end sales load and an
annual asset-based Distribution and/or Service Fee. The Institutional
Class Units would be offered at net asset value, and it is anticipated
that they would not be subject to a front-end sales load or an annual
asset-based Distribution and/or Service Fee. All the classes would be
subject to minimum purchase requirements.
    5. In order to provide a limited degree of liquidity to
unitholders, the Feeder Fund may from time to time offer to repurchase
Units at their then current net asset value pursuant to written tenders
by unitholders in accordance with rule 13e-4 under the 1934 Act.\3\
Repurchases will be made at such times, in such amounts and on such
terms as may be determined by the Feeder Fund's board of directors
(``Board''), in its sole discretion.\4\ The Adviser anticipates that it
will recommend to the Board that the Feeder Fund repurchase Units from
investors on a quarterly basis.
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    \3\ Likewise, the Master Fund's repurchase offers are conducted
pursuant to rule 13e-4 under the 1934 Act.
    \4\ Units are subject to an early withdrawal fee at a rate of 2%
of the aggregate net asset value of the unitholder's Units
repurchased by the Feeder Fund (the ``Early Withdrawal Fee'') if the
interval between the date of purchase of the Units and the valuation
date with respect to the repurchase of those Units is less than one
year. The Early Withdrawal Fee will equally apply to all classes of
Units of the Feeder Fund, consistent with section 18 of the Act and
rule 18f-3 under the Act. To the extent the Feeder Fund determines
to waive, impose scheduled variations of, or eliminate the Early
Withdrawal Fee, it will comply with the requirements of rule 22d-1
under the Act as if the Early Withdrawal Fee were a CDSC and as if
the Feeder Fund were an open-end investment company and the Feeder
Fund's waiver, scheduled variation or elimination of the Early
Withdrawal Fee will apply uniformly to all unitholders of the Feeder
Fund regardless of class.
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    6. Applicants request that the order also apply to any other
registered closed-end management investment company that conducts a
continuous offering of its Units, existing now or in the future, for
which the Adviser or the Placement Agent or any entity controlling,
controlled by, or under common control with the Adviser or the
Placement Agent acts as investment adviser or principal underwriter,
and which provides periodic liquidity with respect to its Units through
tender offers conducted in compliance with rule 13e-4 under the 1934
Act.\5\
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    \5\ The Feeder Fund and any other investment company relying on
the requested relief will do so in a manner consistent with the
terms and conditions of the application. Applicants represent that
any person presently intending to rely on the requested relief is
listed as an applicant.
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    7. Applicants represent that the asset-based Distribution and/or
Service Fees will comply with the provisions of rule 2830(d) of the
Conduct Rules of the National Association of Securities Dealers, Inc.
(``NASD Conduct Rule 2830'') as if that rule applied to the Feeder
Fund.\6\ Applicants also represent that the Feeder Fund will disclose
in its Confidential Memorandum or prospectus, the fees, expenses and
other characteristics of each class of Units offered for sale by the
Confidential Memorandum or prospectus, as is required for open-end,
multiple class funds under Form N-1A. The Feeder Fund will disclose
fund expenses borne by unitholders during the reporting period in
shareholder reports and describe in its Confidential Memorandum or
prospectus any arrangements that result in breakpoints

in or elimination of sales loads.\7\ The Feeder Fund and the Placement
Agent will also comply with any requirements that may be adopted by the
Commission or FINRA regarding disclosure at the point of sale and in
transaction confirmations about the costs and conflicts of interest
arising out of the distribution of open-end investment company shares,
and regarding prospectus disclosure of sales loads and revenue sharing
arrangements as if those requirements applied to the Feeder Fund and
the Placement Agent.\8\ In addition, applicants will comply with
applicable enhanced fee disclosure requirements for funds of funds.\9\
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    \6\ Any references to NASD Conduct Rule 2830 include any
successor or replacement rule to NASD Conduct Rule 2830 that may be
adopted by the Financial Industry Regulatory Authority (``FINRA'').
    \7\ See Shareholder Reports and Quarterly Portfolio Disclosure
of Registered Management Investment Companies, Investment Company
Act Release No. 26372 (Feb. 27, 2004) (adopting release); and
Disclosure of Breakpoint Discounts by Mutual Funds, Investment
Company Act Release No. 26464 (June 7, 2004) (adopting release).
    \8\ See Confirmation Requirements and Point of Sale Disclosure
Requirements for Transactions in Certain Mutual Funds and Other
Securities, and Other Confirmation Requirement Amendments, and
Amendments to the Registration Form for Mutual Funds, Investment
Company Act Release No. 26341 (Jan. 29, 2004) (proposing release).
    \9\ Fund of Funds Investments, Investment Company Act Release
Nos. 26198 (Oct. 1, 2003) (proposing release) and 27399 (Jun. 20,
2006) (adopting release). See also Rules 12d1-1, et seq. under the
Act.
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    8. The Feeder Fund will allocate all expenses incurred by it among
the various classes of Units based on the respective net assets of the
Feeder Fund attributable to each such class, except that the net asset
value and expenses of each class will reflect the expenses associated
with the Distribution and Service Plan of that class (if any),
shareholder service fees attributable to a particular class, and any
other incremental expenses of that class. Expenses of the Feeder Fund,
allocated to a particular class of the Feeder Fund's Units, will be
borne on a pro rata basis by each outstanding Unit of that class.
Applicants state that the Feeder Fund will comply with the provisions
of rule 18f-3 under the Act as if it were an open-end investment
company.
    9. The Feeder Fund may offer an exchange privilege or conversion
feature on certain of its future classes of Units, and any such
privilege or feature introduced in the future will comply with rule
11a-1, rule 11a-3, and rule18f-3 under the Act as if the Feeder Fund
were an open-end investment company.
    10. In the event the Feeder Fund imposes a CDSC, the applicants
will comply with the provisions of rule 6c-10 under the Act, as if that
rule applied to closed-end management investment companies. With
respect to any waiver of, scheduled variation in, or elimination of the
CDSC, the Feeder Fund will comply with rule 22d-1 under the Act and
apply the CDSC uniformly to all unitholders of a given class.

Applicants' Legal Analysis

Multiple Classes of Shares

    1. Section 18(c) of the Act provides, in relevant part, that a
closed-end investment company may not issue or sell any senior security
if, immediately thereafter, the company has outstanding more than one
class of senior security. Applicants state that the creation of
multiple classes of Units of the Feeder Fund may be prohibited by
section 18(c).
    2. Section 18(i) of the Act provides that each share of stock
issued by a registered management investment company will be a voting
stock and have equal voting rights with every other outstanding voting
stock. Applicants state that permitting multiple classes of Units of
the Feeder Fund may violate section 18(i) of the Act because each class
would be entitled to exclusive voting rights with respect to matters
solely related to that class.
    3. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction or any class or classes of persons,
securities or transactions from any provision of the Act, or from any
rule under the Act, if and to the extent such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policy and
provisions of the Act. Applicants request an exemption under section
6(c) from sections 18(c) and 18(i) to permit the Feeder Fund to issue
multiple classes of Units.\10\
---------------------------------------------------------------------------

    \10\ The Master Fund will not issue multiple classes of its
units and is an applicant because of the master-feeder structure.
---------------------------------------------------------------------------

    4. Applicants submit that the proposed allocation of expenses and
voting rights among multiple classes is equitable and will not
discriminate against any group or class of unitholders. Applicants
submit that the proposed arrangements would permit the Feeder Fund to
facilitate the distribution of Units and provide investors with a
broader choice of unitholder options. Applicants assert that the
proposed closed-end investment company multiple class structure does
not raise the concerns underlying section 18 of the Act to any greater
degree than open-end investment companies' multiple class structures
that are permitted by rule 18f-3 under the Act. Applicants state that
the Feeder Fund will comply with the provisions of rule 18f-3 as if it
were an open-end investment company.

CDSCs

    5. Applicants believe that the requested relief meets the standards
of section 6(c) of the Act. Rule 6c-10 under the Act permits open-end
investment companies to impose CDSCs, subject to certain conditions.
Applicants state that any CDSC imposed by the Feeder Fund will comply
with rule 6c-10 under the Act as if the rule were applicable to closed-
end investment companies. The Feeder Fund also will disclose CDSCs in
accordance with the requirements of Form N-1A concerning CDSCs as if
the Feeder Fund were an open-end investment company. Applicants further
state that the Feeder Fund will apply the CDSC (and any waivers or
scheduled variations of the CDSC) uniformly to all unitholders of a
given class and consistently with the requirements of rule 22d-1 under
the Act.

Asset-Based Distribution and/or Service Fees

    6. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
an affiliated person of a registered investment company or an
affiliated person of such person, acting as principal, from
participating in or effecting any transaction in connection with any
joint enterprise or joint arrangement in which the investment company
participates unless the Commission issues an order permitting the
transaction. In reviewing applications submitted under section 17(d)
and rule 17d-1, the Commission considers whether the participation of
the investment company in a joint enterprise or joint arrangement is
consistent with the provisions, policies and purposes of the Act, and
the extent to which the participation is on a basis different from or
less advantageous than that of other participants.
    7. Rule 17d-3 under the Act provides an exemption from section
17(d) and rule 17d-1 to permit open-end investment companies to enter
into distribution arrangements pursuant to rule 12b-1 under the Act.
Applicants request an order under section 17(d) and rule 17d-1 under
the Act to permit the Feeder Fund to impose asset-based Distribution
and/or Service Fees. Applicants have agreed to comply with rules 12b-1
and 17d-3 as if those rules applied to closed-end investment companies.

Applicants' Condition

    The Applicants agree that any order granting the requested relief
will be subject to the following condition:
    Applicants will comply with the provisions of rules 6c-10, 12b-1,
17d-3, 18f-3, 22d-1, and, where applicable, 11a-3 under the Act, as
amended from time to time or replaced, as if those rules applied to
closed-end management investment companies, and will comply with the
NASD Conduct Rule 2830, as amended from time to time, as if that rule
applied to all closed-end management investment companies.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-19018 Filed 8-3-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34762-34764]
[FR Doc No: 2021-13971]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-E-2184]

Determination of Regulatory Review Period for Purposes of Patent
Extension; FETROJA

AGENCY: Food and Drug Administration, Health and Human Services (HHS).

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for FETROJA and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of an application to the
Director of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (see
the SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by August
30, 2021. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by December 27, 2021.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

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 August 30, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of August 30, 2021. 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-2020-E-2184 for Determination of Regulatory Review Period for
Purposes of Patent Extension; FETROJA. 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,<PHONE_NUMBER>.
     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 Sec.
10.20 (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.govinfo.gov/content/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,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product, FETROJA
(cefiderocol sulfate tosylate) indicated for patients 18 years of age
or older for the treatment of the following infections caused by
susceptible Gram-negative microorganisms:
     Complicated urinary tract infections, including
pyelonephritis and
     hospital-acquired bacterial pneumonia and ventilator-
associated bacterial pneumonia. To reduce the development of drug-
resistant bacteria and maintain the effectiveness of FETROJA and other
antibacterial drugs, FETROJA should be used only to treat or prevent
infections that are proven or strongly suspected to be caused by
bacteria. Subsequent to this approval, the USPTO received a patent term
restoration application for FETROJA (U.S. Patent No. 9,238,657) from
Shionogi & Co., Ltd. and the USPTO requested FDA's assistance in
determining the patent's eligibility for patent term restoration. In a
letter dated December 14, 2020, FDA advised the USPTO that this human
drug product had undergone a regulatory review period and that the
approval of FETROJA represented the first permitted commercial
marketing or use of the product. Thereafter, the USPTO requested that
FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
FETROJA is 2,400 days. Of this time, 2,064 days occurred during the
testing phase of the regulatory review period, while 336 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
April 21, 2013. The applicant claims March 22, 2013, as the date the
investigational new drug application (IND) became effective. However,
FDA records indicate that the IND effective date was April 21, 2013,
which was 30 days after FDA receipt of the IND.
    2. The date the application was initially submitted with respect to
the human drug product under section 505 of the FD&C Act: December 14,
2018. The applicant claims February 12, 2019, as the date the new drug
application (NDA) for FETROJA (NDA 209445) was initially submitted.
However, FDA records indicate that NDA 209445 was submitted on December
14, 2018.
    3. The date the application was approved: November 14, 2019. FDA
has verified the applicant's claim that NDA 209445 was approved on
November 14, 2019.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 726 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: June 23, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-13971 Filed 6-29-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Page 26480]
[FR Doc No: 2019-11869]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86003; File No. 013-00112]

Initial Form ATS-N Filing; Notice of Extension of Commission
Review Period

June 3, 2019.
    On February 8, 2019, Luminex ATS filed an initial Form ATS-N
(``Form ATS-N'') with the Securities and Exchange Commission
(``Commission''). Pursuant to Rule 304 under the Securities and
Exchange Act of 1934 (``Act''), the Commission may, after notice and an
opportunity for hearing, declare an initial Form ATS-N ineffective no
later than 120 days from the date of filing with the Commission, or, if
applicable, the extended review period. June 8, 2019 is 120 calendar
days from the date of filing. Pursuant to Rule 304(a)(1)(iv)(B), the
Commission may extend the initial Form ATS-N review period for up to an
additional 120 calendar days if the initial Form ATS-N is unusually
lengthy or raises novel or complex issues that require additional time
for review.
    Luminex ATS was operating pursuant to an initial operation report
on Form ATS on file with the Commission as of January 7, 2019.\1\
Luminex ATS filed an initial Form ATS-N on February 8, 2019. During the
initial 120 calendar day review period, the Commission staff has been
reviewing the disclosures on Luminex ATS's initial Form ATS-N. In
addition, the staff has been engaged in ongoing discussions with
Luminex ATS about its disclosures and manner of operations, as well as
the requirements of Form ATS-N, to facilitate complete and
comprehensible disclosures that reflect the complexities of those
operations.
---------------------------------------------------------------------------

    \1\ An NMS Stock ATS (as defined in Rule 300(k) of Regulation
ATS) that was operating pursuant to an initial operation report on
Form ATS on file with the Commission as of January 7, 2019 is a
``Legacy NMS Stock ATS.'' 17 CFR 242.301(b)(2)(viii).
---------------------------------------------------------------------------

    Form ATS-N requires NMS Stock ATSs to file with the Commission, and
disclose to the public for the first time, certain information,
including descriptions by the NMS Stock ATSs of their fees, the trading
activities by their broker-dealer operators and their affiliates in the
NMS Stock ATSs, their use of market data, their written standards for
granting access to trading on the NMS Stock ATSs, and their written
safeguards and procedures for protecting their subscribers'
confidential trading information required by revised Rule 301(b)(10) of
Regulation ATS. The initial Form ATS-N disclosures and discussions with
Commission staff have revealed complexities about the operations of
Legacy NMS Stock ATSs including, among other things, matching
functionalities, means of order entry, order interaction and execution
procedures, conditional order processes, segmentation of orders, and
counterparty selection protocols. The Commission staff needs additional
time to review novel and complex issues such as these, which Commission
staff has discussed with Luminex ATS. Extending the initial Form ATS-N
Commission review period for an additional 120 calendar days will
provide Commission staff an opportunity to continue its review of the
initial Form ATS-N disclosures and discussions with Luminex ATS.
    In the conversations between Luminex ATS and Commission staff about
the initial Form ATS-N disclosures and the ATS operations, Commission
staff and Luminex ATS have discussed a potential amendment to update
Luminex ATS's disclosures regarding the complexities of its operations.
Extending the review period will enable the NMS Stock ATS to amend its
disclosures, if appropriate, and allow Commission staff to conduct a
thorough review of amendments to the initial disclosures provided on
the initial Form ATS-N.
    For the reasons given above, the Commission is extending the review
period of the initial Form ATS-N submitted by Luminex ATS. Accordingly,
pursuant to Rule 304(a)(1)(iv)(B), October 6, 2019 is the date by which
the Commission may declare the initial Form ATS-N submitted by Luminex
ATS ineffective.

    By the Commission.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11869 Filed 6-5-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 30, 2010 (Volume 75, Number 167)]
[Notices]
[Page 52988-52989]
[DOCID:fr30au10-108]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0012]

National Advisory Committee on Occupational Safety and Health

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

ACTION: Announcement of meeting of the National Advisory Committee on
Occupational Safety and Health (NACOSH) and NACOSH subgroup meetings.

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

SUMMARY: The National Advisory Committee on Occupational Safety and
Health (NACOSH) will meet September 14 and 15, 2010, in Washington, DC.
In conjunction with the NACOSH meeting, its Gulf Oil Spill Subgroup
will meet.

DATES: NACOSH meeting: NACOSH will meet from 8:30 a.m. to 4:30 p.m., on
Tuesday, September 14, and Wednesday, September 15, 2010.
    Submission of comments, requests to speak, and requests for special
accommodation: Comments, requests to speak at the NACOSH meeting, and
requests for special accommodations for the NACOSH meeting must be
submitted (postmarked, sent, transmitted) by September 7, 2010.

ADDRESSES: NACOSH meeting: NACOSH will meet in Room N-N3437 A/B/C, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210.
    Submission of comments and requests to speak: You may submit
comments and requests to speak at the NACOSH meeting, identified by
docket number for this Federal Register notice (Docket No. OSHA-2010-
0012), by one of the following methods:
    Electronically: You may submit materials, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for making submissions.
    Facsimile: If your submission, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Mail, express delivery, messenger or courier service: Submit three
copies of your submissions to the OSHA Docket Office, Room N-2625, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210, telephone<PHONE_NUMBER> (TTY<PHONE_NUMBER>). Deliveries (hand,
express mail, messenger, courier service) are accepted during the
Department of Labor's and OSHA Docket Office's normal business hours,
8:15 a.m. to 4:45 p.m. e.t.
    Requests for special accommodation: Submit requests for special
accommodations for the NACOSH meeting by hard copy, telephone, or e-
mail to Ms. Veneta Chatmon, OSHA, Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>    Instructions: All submissions must include the Agency name and
docket number for this Federal Register notice (Docket No. OSHA-2010-
0012). Because of security-related procedures, submission by regular
mail may result in significant delay in receipt. Please contact the
OSHA Docket Office for information about security procedures for making
submissions by hand delivery, express delivery, messenger or courier
service. For additional information about submitting comments and
requests to speak, see the SUPPLEMENTARY INFORMATION section of this
notice.
    Comments and requests to speak, including personal information, are
placed in the public docket without change and may be available online.
Therefore, OSHA cautions against submitting personal information such
as social security numbers and birthdates.
    Docket: To read or download documents in the public docket for this
NACOSH meeting, go to http://www.regulations.gov. All documents in the
public docket are listed in the index; however, some documents (e.g.,
copyrighted material) are not publicly available to read or download
through http://www.regulations.gov. All submissions, including
copyrighted material, are available for inspection

and copying at the OSHA Docket Office at the address above.

FOR FURTHER INFORMATION CONTACT: For press inquiries: MaryAnn Garrahan,
OSHA, Office of Communications, U.S. Department of Labor, Room N3647,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-1999.
    For general information: Ms. Deborah Crawford, OSHA, Directorate of
Evaluation and Analysis, U.S. Department of Labor, Room N-3641, 200
Constitution Avenue, NW., Washington DC 20210; telephone: (202) 693-
1932; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: NACOSH will meet Tuesday, September 14 and
Wednesday, September 15, 2010, in Washington, DC. NACOSH meetings are
open to the public.
    NACOSH is authorized by section 7(a) of the Occupational Safety and
Health Act of 1970 (OSH Act) (29 U.S.C. 651, 656) to advise the
Secretary of Labor and the Secretary of Health and Human Services on
matters relating to the administration of the OSH Act. NACOSH is a
continuing advisory body and operates in compliance with provisions in
the OSH Act, the Federal Advisory Committee Act (5 U.S.C. App.), and
regulations issued pursuant to those laws (29 CFR 1912a, 41 CFR part
102-3).
    The tentative agenda of the NACOSH meeting will include updates and
discussions on the following topics:
     Remarks from the Assistant Secretary of Labor for
Occupational Safety and Health (OSHA);
     Remarks from the Director of the National Institute for
Occupational Safety and Health;
     OSHA Initiatives: Regulatory, Enforcement and Compliance
Assistance;
     Update on the Gulf Oil Spill activities;
     Enhancing workers' voice in the workplace; and
     Ethics Update.
    In addition, the Gulf Oil Spill subgroup was formed at the June 8,
2010, NACOSH meeting. The subgroup will meet from 3 p.m. until 4:30
p.m. on September 14, 2010, in Room N3437A/B/C and report back to the
full committee on September 15.
    NACOSH meetings are transcribed and detailed minutes of the
meetings are prepared. Meeting transcripts and minutes are included in
the public record of this NACOSH meeting (Docket No. OSHA 2010-0012).

Public Participation

    Interested parties may submit a request to make an oral
presentation to NACOSH by any one of the methods listed in the
ADDRESSES section above. The request must state the amount of time
requested to speak, the interest represented (e.g., organization name),
if any and a brief outline of the presentation. Requests to address
NACOSH may be granted as time permits and at the discretion of the
NACOSH chair.
    Interested parties also may submit comments, including data and
other information using any one of the methods listed in the ADDRESSES
section above. OSHA will provide all submissions to NACOSH members
prior to the meeting.
    Individuals who need special accommodations to attend the NACOSH
meeting should contact Ms. Chatmon using the contact information listed
in the ADDRESSES section.

Submissions and Access to Meeting Record

    You may submit comments and requests to speak (1) Electronically,
(2) by facsimile, or (3) by hard copy. All submissions, including
attachments and other materials, must identify the Agency name and the
docket number for this notice (Docket No. OSHA-2010-0012). You also may
supplement electronic submissions by uploading documents
electronically. If, instead, you wish to submit hard copies of
supplementary documents, you must submit three copies to the OSHA
Docket Office using the instructions in the ADDRESSES section above.
The additional materials must clearly identify your electronic
submission by name, date and docket number.
    Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of submissions. For
information about security procedures concerning submissions by hand,
express delivery, messenger or courier service, please contact the OSHA
Docket Office.
    Meeting transcripts and minutes as well as comments and requests to
speak at the NACOSH meeting are included in the public record of the
NACOSH meeting (Docket No. OSHA-2010-0012). Comments and requests to
speak are posted without change at http://www.regulations.gov.
Therefore, OSHA cautions interested parties about submitting personal
information such as social security numbers and birthdates. Although
all submissions are listed in the http://www.regulations.gov index,
some documents (e.g., copyrighted materials) are not publicly available
to read or download through that webpage. All submissions, including
copyrighted material, are available for inspection and copying at the
OSHA Docket Office.
    For information on using http://www.regulations.gov to make
submissions and to access the docket, click on the ``Help'' tab at the
top of the Home page. Contact the OSHA Docket Office for information
about materials not available through that webpage and for assistance
in using the Internet to locate submissions and other documents in the
docket. Electronic copies of this Federal Register notice are available
at http://www.regulations.gov. This notice, as well as news releases
and other relevant information, is also available on the OSHA webpage
at http://www.osha.gov.

Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this notice
under the authority granted by section 7 of the Occupational Safety and
Health Act of 1970 (U.S.C. 656), 29 CFR 1912a, and Secretary of Labor's
Order No. 5-2007 (71 FR 31160).

    Signed at Washington, DC, on August 26, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-21680 Filed 8-27-10; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Notices]
[Page 63184-63185]
[DOCID:fr23oc08-78]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1801-DR]

North Carolina; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of North Carolina (FEMA-1801-DR), dated October
8, 2008, and related determinations.

DATES: Effective Date: October 8, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 8, 2008, the President declared a major disaster under
the authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as follows:

    I have determined that the damage in certain areas of the State
of North Carolina resulting from Tropical Storm Hanna during the
period of September 4-15, 2008, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121-5207 (the Stafford Act). Therefore, I declare that such a major
disaster exists in the State of North Carolina.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas, Hazard Mitigation throughout the State, and any
other forms of assistance under the Stafford Act that you deem
appropriate. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, except for any particular projects that are eligible
for a higher Federal cost-sharing percentage under the FEMA Public
Assistance Pilot Program instituted pursuant to 6 U.S.C. 777. If
Other Needs Assistance under Section 408 of the Stafford Act is
later requested and warranted, Federal funding under that program
also will be limited to 75 percent of the total eligible costs.

    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Michael Bolch, of FEMA is appointed
to act as the Federal Coordinating Officer for this declared disaster.
    The following areas of the State of North Carolina have been
designated as adversely affected by this declared major disaster:

    Beaufort, Brunswick, and Person Counties for Public Assistance.
    All counties within the State of North Carolina are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

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

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-25262 Filed 10-22-08; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76624-76625]
[FR Doc No: 2016-26576]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4283-DR: Docket ID FEMA-2016-0001

Florida; Amendment No. 5 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Florida (FEMA-4283-DR), dated October 8, 2016, and
related determinations.

DATES: Effective Date: October 25, 2016.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Florida is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of October 8, 2016.

    Nassau County for Individual Assistance (already designated for
Public Assistance, including direct federal assistance).
    Seminole County for Individual Assistance.
    Brevard, Duval, and Flagler Counties for Public Assistance
[Categories C-G] (already designated for Individual Assistance and
assistance for debris removal and emergency protective measures
[Categories A and B], including direct federal assistance, under the
Public Assistance program).
    Palm Beach County for Public Assistance, including direct
federal assistance.
    St. Lucie County for Public Assistance [Categories C-G] (already
designated for assistance for debris removal and emergency
protective measures [Categories A and B], including direct federal
assistance, under the Public Assistance program).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-26576 Filed 11-2-16; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Proposed Rules]
[Pages 71713-71714]
[FR Doc No: 2014-28389]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2013-0574; FRL-9919-58]

Receipt of Pesticide Petition Filed for Residues of Bacillus
subtilis Strain IAB/BS03; Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petition; reopening of comment period.

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SUMMARY: EPA issued a document in the Federal Register of September 12,
2013, announcing the filing of a pesticide tolerance petition for
residues of the fungicide, Bacillus subtilis strain IAB/BS03. That
pesticide petition requested that EPA establish an exemption from the
requirement of a tolerance for residues of that fungicide in or on all
food commodities. Through an administrative error, the summary of the
pesticide petition was not made available in the docket. Now available
in the docket, this document reopens the comment period for that
pesticide petition for 30 days to allow for public review and comment.

DATES: Comments must be received on or before January 2, 2015.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2013-0574 and pesticide petition number (PP
3F8177), by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Do not submit electronically any information you consider to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection
Agency Docket Center (EPA/DC) (28221T), 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for
hand delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; main telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed in FOR FURTHER
INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    This document reopens the public comment period established in the
Federal Register document of September 12, 2013 (78 FR 56185) (FRL-
9399-7) for the pesticide petition (PP 3F8177) filed requesting that
the Agency establish an exemption from the requirement of a tolerance
for residues of Bacillus subtilis strain IAB/BS03. In that document,
the Agency noted that the summary of the pesticide petition

prepared by the petitioner, Investigaciones y Aplicaciones
Biotecnologicas S.L., Avda, Paret del Patriarca 11-B, Ap. 30, 46113
Moncada (Valencia) Spain, was available in the docket at http://www.regulations.gov. Through an administrative error, the summary of
the pesticide petition was not made available in the docket. The Agency
has made the summary of the pesticide petition (PP 3F8177) available in
the docket under docket ID number EPA-HQ-OPP-2013-0574 at http://www.regulations.gov and is reopening the comment period for that
pesticide petition (PP 3F8177) for 30 days to allow for public review
and comment.

List of Subjects in 40 CFR Part 180

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: November 19, 2014.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. 2014-28389 Filed 12-2-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Rules and Regulations]
[Page 69633]
[FR Doc No: 2011-29013]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-1021]

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway
(AIWW), Elizabeth River, Southern Branch, Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
Norfolk Southern 7 Railroad Bridge across the Elizabeth River
(Southern Branch), AIWW mile 5.8, at Chesapeake, VA. Under this
temporary deviation, the drawbridge may remain in the closed position
on specific dates and times to facilitate laying new rail.

DATES: This deviation is effective from 7 a.m. on November 28, 2011 to
5 p.m. on November 29, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1021 and are available online
at http://www.regulations.gov, inserting USCG-2011-1021 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Jim Rousseau, Bridge Management Specialist, Fifth
Coast Guard District; telephone:<PHONE_NUMBER>; Email:
<EMAIL_ADDRESS>If you have any questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Norfolk Southern Corporation, who owns
and operates this single-leaf bascule drawbridge, has requested a
temporary deviation from the current operating regulations set out in
33 CFR 117.997(e) to facilitate laying new rail.
    Under the current operating schedule, the bridge shall be left in
the open position at all times and will only be lowered for the passage
of trains and to perform periodic maintenance. The Norfolk Southern
7 Bridge, at AIWW mile 5.8, across the Elizabeth River
(Southern Branch) in Chesapeake, VA, has a vertical clearance in the
closed position to vessels of 7 feet above mean high water.
    To facilitate laying new rail, the drawbridge will be maintained in
the closed-to-navigation position from 7 a.m. to 5 p.m. on November 28
and 29, 2011. The bridge normally operates in the open position with
several vessels transiting a week. Coordination with waterway users has
been completed.
    The Coast Guard will inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the opening restrictions of
the draw span to minimize transiting delays caused by the temporary
deviation. There are no alternate routes available but vessels may pass
between 5 p.m. and 7 a.m. Mariners able to pass under the bridge in the
closed position may do so at any time and the bridge is able to open
for emergencies. Mariners are advised to proceed with caution.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period.
    This deviation from the operating regulations is authorized under
33 CFR 117.35.

    Dated: October 26, 2011.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2011-29013 Filed 11-8-11; 8:45 am]
BILLING CODE 9110-04-P