[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Notices]
[Page 71708]
[FR Doc No: 2013-28797]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Sunshine Act Meeting; Unified Carrier Registration Plan Board of
Directors

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

ACTION: Notice of Unified Carrier Registration Plan Board of Directors
Meeting.

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TIME AND DATE: The meeting will be held on December 5, 2013, from 12:00
Noon to 3:00 p.m., Eastern Standard Time.

PLACE: This meeting will be open to the public via conference call. Any
interested person may call 1-877-820-7831, passcode, 908048 to listen
and participate in this meeting.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board
of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement and to
that end, may consider matters properly before the Board.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at<PHONE_NUMBER>.

    Issued on: November 22, 2013.
Larry W. Minor,
 Associate Administrator, Office of Policy, Federal Motor Carrier
Safety Administration.
[FR Doc. 2013-28797 Filed 11-26-13; 4:15 pm]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Notices]
[Pages 32926-32929]
[FR Doc No: 2018-15078]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33157; File No. 812-14926]

Charles Schwab & Co. Inc. and Charles Schwab Investment
Management, Inc.

July 10, 2018.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Temporary order and notice of application for a permanent
order under section 9(c) of the Investment Company Act of 1940
(``Act'').

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SUMMARY OF APPLICATION:  Applicants have received a temporary order
(``Temporary Order'') exempting them from section 9(a) of the Act, with
respect to an injunction entered against Charles Schwab & Co. Inc.
(``CS&Co.'') on July 9, 2018 by the U.S. District Court for the
Northern District of California (``District Court''), in connection
with a consent order between CS&Co. and the Commission, until the
Commission takes final action on an application for a permanent order
(the ``Permanent Order,'' and with the Temporary Order, the
``Orders''). Applicants also have applied for a Permanent Order.

Applicants:  CS&Co. and Charles Schwab Investment Management, Inc.
(``CSIM'') (each an ``Applicant'' and together, the ``Applicants'').

Filing Date:  The application was filed on July 2, 2018.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving Applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on August 6, 2018 and should be accompanied by proof of service on
Applicants, in the form of an affidavit, or for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by writing to the Commission's Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE, Washington, DC 20549-1090; Applicants: Charles Schwab & Co.
Inc.: 211 Main Street, San Francisco, CA 94105; Charles Schwab
Investment

Management, Inc.: 211 Main Street, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Thankam A. Varghese, Attorney-Adviser,
Kyle R. Ahlgren, Senior Counsel, or Holly L. Hunter-Ceci, Assistant
Chief Counsel, at<PHONE_NUMBER> (Division of Investment Management,
Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  The following is a temporary order and a
summary of the application. The complete application may be obtained
via the Commission's website 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. CS&Co. is a California corporation registered as a broker-dealer
under the Securities Exchange Act of 1934, as amended (``Exchange
Act''), and as an investment adviser under the Investment Advisers Act
of 1940, as amended (the ``Advisers Act''). CS&Co. serves as the
principal underwriter for 85 open-end management investment companies
registered under the Act (``Open-End Funds''). CSIM is a Delaware
corporation registered as an investment adviser under the Advisers Act
that serves as investment adviser to 107 Open-End Funds. A list of the
funds to which CS&Co. and CSIM served as investment adviser or
principal underwriter, individual adviser or sub-adviser as of June 1,
2018 (the ``Funds'') is appended to the Application.
    2. CS&Co. and CSIM are wholly-owned subsidiaries of The Charles
Schwab Corporation (``CS''), a Delaware corporation headquartered in
San Francisco, California and listed on the New York Stock Exchange. CS
is a savings and loan holding company incorporated in 1986 that engages
through its subsidiaries in wealth management, securities brokerage,
banking, asset management, custody, and financial advisory services.
    3. While no existing company of which CS&Co. is an ``affiliated
person'' within the meaning of section 2(a)(3) of the Act (``Affiliated
Person''), other than CS&Co. and CSIM (the ``Fund Servicing
Applicants'') currently serves as an investment adviser (as defined in
section 2(a)(20) of the Act) to, or depositor of, any registered
investment company under the Act, employees' securities company or
investment company that has elected to be treated as a business
development company under the Act, or as a principal underwriter (as
defined in section 2(a)(29) of the Act) for any Open-End Fund, unit
investment trust registered under the Act (``UIT''), or face-amount
certificate company registered under the Act (``FACC'') (such
activities, the ``Fund Servicing Activities''), Applicants request that
any relief granted by the Commission pursuant to the application also
apply to any existing company of which CS&Co. is an Affiliated Person
and to any other company of which CS&Co. may become an Affiliated
Person in the future (together with the Fund Servicing Applicants, the
``Covered Persons'') with respect to any activity contemplated by
section 9(a) of the Act.\1\
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    \1\ The Fund Servicing Applicants and other Covered Persons may,
if the Orders are granted, in the future act in any of the
capacities contemplated by section 9(a) of the Act subject to the
applicable terms and conditions of the Orders.
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    4. On July 2, 2018, the Commission filed a complaint in the
District Court (the ``Complaint'') alleging violations of section 17(a)
of the Exchange Act and rule 17a-8 thereunder. CS&Co. agreed to consent
to the entry of a judgment by the District Court against CS&Co. (the
``Final Judgment''). The Complaint alleges that, in violation of
section 17(a) of the Exchange Act and rule 17a-8 thereunder, CS&Co.
failed to file Suspicious Activity Reports (``SARs'') on suspicious
transactions by independent advisers that CS&Co. terminated from its
custodial platform (``Advisers''). Such Advisers were not affiliated or
associated with CS&Co. CS&Co. terminated the Advisers for engaging in
activity CS&Co. determined violated its internal policies and presented
risk to CS&Co. or its customers. The Complaint alleges that: (1)
CS&Co.'s failure to file SARs during the 2012-2013 time period resulted
from its inconsistent implementation of policies and procedures for
identifying reportable transactions under the SAR rule (31 CFR
1023.320(a)) when CS&Co. investigated and terminated Advisers from its
custodial platform; (2) although CS&Co. took steps to investigate and
terminate Advisers, CS&Co. did not have clear or consistent policies
for the types of activities for which SARs need to be filed; and (3) in
a number of cases in which Advisers were terminated and there was
reason for CS&Co. to suspect fraudulent activity, CS&Co. applied an
unreasonably high standard for determining whether to file a SAR on the
suspicious transactions.
    5. Concurrently with the filing of the Complaint, CS&Co. presented
to the District Court an executed Consent of the Defendant Charles
Schwab & Co. Inc. to Entry of Final Judgment (the ``Consent''),
consenting to the Final Judgment. The Final Judgment permanently
restrains and enjoins CS&Co from violating section 17(a) of the
Exchange Act and rule 17a-8 thereunder (the ``Injunction'') and ordered
CS&Co. to pay a civil penalty in the amount of $2,800,000.

Applicants' Legal Analysis

    1. Section 9(a)(2) of the Act provides, in pertinent part, that a
person may not serve or act as, among other things, an investment
adviser or depositor of any registered investment company or as
principal underwriter for any registered open-end investment company,
UIT, or FACC, if such person ``. . . by reason of any misconduct, is
permanently or temporarily enjoined by order, judgment, or decree of
any court of competent jurisdiction from acting as an underwriter,
broker, dealer, investment adviser, municipal securities dealer, bank,
transfer agent, credit rating agency or entity or person required to be
registered under the Commodity Exchange Act, or as an affiliated
person, salesman, or employee of any investment company, bank,
insurance company, or entity or person required to be registered under
the Commodity Exchange Act, or from engaging in or continuing any
conduct or practice in connection with any such activity or in
connection with the purchase or sale of any security.'' Section 9(a)(3)
of the Act makes the prohibitions of section 9(a)(2) applicable to a
company, any affiliated person of which has been disqualified under the
provisions of section 9(a)(2). Section 2(a)(3) of the Act defines
``affiliated person'' to include, among others, any person directly or
indirectly controlling, controlled by, or under common control with,
the other person. The Injunction would result in a disqualification of
CS&Co. from acting in the capacities specified in section 9(a)(2)
because CS&Co. would be permanently enjoined by the District Court from
engaging in or continuing certain conduct and/or practices in
connection with the offer or sale of any security. The Injunction would
also result in the disqualification of CSIM under section 9(a)(3)
because CS&Co. is an Affiliated Person of CSIM within the meaning of
section 2(a)(3) of the Act and would be subject to an injunction
described in section 9(a)(2). Other Covered Persons similarly would be
disqualified pursuant to section 9(a)(3) were they to act in any of the
capacities listed in section 9(a).
    2. Section 9(c) of the Act provides that, upon application, the
Commission shall by order grant an exemption from the disqualification
provisions of

section 9(a) of the Act, either unconditionally or on an appropriate
temporary or other conditional basis, to any person if that person
establishes that: (1) The prohibitions of section 9(a), as applied to
the person, are unduly or disproportionately severe; or (2) the conduct
of the person has been such as not to make it against the public
interest or the protection of investors to grant the exemption.
Applicants have filed an application pursuant to section 9(c) seeking a
Temporary Order and a Permanent Order exempting the Fund Servicing
Applicants and other Covered Persons from the disqualification
provisions of section 9(a) of the Act. Applicants and other Covered
Persons may, if the relief is granted, in the future act in any of the
capacities contemplated by section 9(a) of the Act subject to the
applicable terms and conditions of the Orders.
    3. Applicants believe they meet the standards for exemption
specified in section 9(c). Applicants assert that: (i) The scope of the
misconduct was limited and did not involve any of the Fund Servicing
Applicants performing Fund Service Activities, or any Fund with respect
to which the Fund Servicing Applicants engaged in Fund Servicing
Activities or their respective assets; (ii) application of the
statutory bar would result in material economic losses, and the
operations of the Funds would be disrupted as they sought to engage new
underwriters, advisers and/or sub-advisers, as the case may be; (iii)
the prohibitions of section 9(a), if applied to the Fund Servicing
Applicants and other Covered Persons, would be unduly or
disproportionately severe; and (iv) the Conduct did not constitute
conduct that would make it against the public interest or protection of
investors to grant the exemption from section 9(a).
    4. Applicants assert that the Conduct did not implicate any Fund
Servicing Activities and did not involve any Fund or the assets of any
Fund with respect to which any Applicants provide Fund Servicing
Activities. Applicants further note that none of the CS&Co. employees
who were directly responsible for determining whether a SAR filing was
required for the Advisers had any involvement in Fund Servicing
Activities, and that no such person remains in the employ of any of the
Fund Servicing Applicants.
    5. Applicants assert that neither the protection of investors nor
the public interest would be served by permitting the section 9(a)
disqualifications to apply to the Fund Servicing Applicants because
those disqualifications would deprive the Funds of the advisory or sub-
advisory and underwriting services that shareholders expected the Funds
would receive when they decided to invest in the Funds. Applicants also
assert that the prohibitions of section 9(a) could operate to the
financial detriment of the Funds and their shareholders, which would be
an unduly and disproportionately severe consequence given that the
Conduct did not implicate any of the Fund Servicing Activities.
Applicants further assert that the inability of the Fund Servicing
Applicants to continue providing investment advisory and underwriting
services to Funds would result in the Funds and their shareholders
facing other potential hardships, as described in the application.
    6. Applicants assert that if the Fund Servicing Applicants were
barred under section 9(a) from providing investment advisory and
underwriting services to the Funds and were unable to obtain the
requested exemption, the effect on their businesses and employees would
be severe. Applicants represent that CS&Co. has committed capital and
other resources to establish expertise in underwriting the securities
of Open-End Funds and to establish distribution arrangements for Open-
End Fund shares. Applicants further represent that without relief under
section 9(c), CS&Co. would lose the greater part of its business,
potentially leading to sales force layoffs and placing CS&Co. at a
competitive disadvantage to other distributors who can offer
intermediaries a full menu of products. Applicants further represent
CSIM has committed substantial capital and other resources to
establishing expertise in advising Funds, and that investment advisory
services provided to Funds represents more than 94.9% of its assets
under management (as of March 31, 2018).
    7. Applicants represent that: (1) None of the current or former
directors, officers or employees involved in Fund Servicing Activities
of the Fund Servicing Applicants had any involvement in the Conduct;
(2) none of the CS&Co. employees who were directly responsible for
determining whether a SAR filing was required for the Advisers had any
involvement in Fund Servicing Activities, and that no such person
remains in the employ of any of the Fund Servicing Applicants; and (3)
because the Conduct did not involve Fund Servicing Activities,
shareholders of Funds were not affected any differently than if those
Funds had received services from any other non-affiliated investment
adviser or principal underwriter.
    8. Applicants represent that CS&Co. has taken substantial remedial
actions to address the conduct at issue in the Complaint and Final
Judgment. As further detailed in the Application, such remedial actions
include improving CS&Co.'s regulatory compliance program with an
emphasis on SAR compliance, increasing the number of employees
dedicated to anti-money laundering and fraud prevention (including
employees with law enforcement backgrounds), and increasing the
quantity and quality of internal AML and SAR training.
    9. As a result of the foregoing, Applicants submit that granting
the exemption as requested in the application is consistent with the
public interest and the protection of investors.
    10. To provide further assurance that the exemptive relief being
requested herein would be consistent with the public interest and the
protection of the investors, Applicants agree that they will, as soon
as reasonably practical following the entry of the Injunction,
distribute to the boards of trustees of the Funds (``Boards'') written
materials describing the circumstances that led to the Injunction, as
well as any impact on the Funds and the application. The written
materials will include an offer to discuss the materials at an in-
person meeting with the Boards, including the trustees who are not
``interested persons'' of the Funds as defined in section 2(a)(19) of
the Act and their ``independent legal counsel'' as defined in rule 0-
1(a)(6) under the Act. Applicants undertake to provide the Boards with
all information concerning the Injunction and the application as
necessary for those Funds to fulfill their disclosure and other
obligations under the U.S. federal securities laws and will provide
them a copy of the Final Judgment as entered by the District Court.
    11. Applicants state that none of the Applicants nor any of their
affiliates have previously applied for orders under section 9(c) of the
Act.

Applicants' Conditions

    Applicants agree that any order granted by the Commission pursuant
to the application will be subject to the following conditions:
    1. Any temporary exemption granted pursuant to the Application
shall be without prejudice to, and shall not limit the Commission's
rights in any manner with respect to, any Commission investigation of,
or administrative proceedings involving or against, Covered Persons,
including, without limitation, the consideration by the Commission of a
permanent exemption

from section 9(a) of the Act requested pursuant to the Application or
the revocation or removal of any temporary exemptions granted under the
Act in connection with the application.
    2. Each Applicant and Covered Person will adopt and implement
policies and procedures reasonably designed to ensure that it will
comply with the terms and conditions of the Orders within 60 days of
the date of the Permanent Order.
    3. CS&Co. will comply with the terms and conditions of the Consent.
    4. The Applicants will provide written notification to the Chief
Counsel of the Commission's Division of Investment Management with a
copy to the Chief Counsel of the Commission's Division of Enforcement
of a material violation of the terms and conditions of the Orders and
Consent within 30 days of discovery of the material violation.

Temporary Order

    The Commission has considered the matter and finds that Applicants
have made the necessary showing to justify granting a temporary
exemption.
    Accordingly,
    It is hereby ordered, pursuant to section 9(c) of the Act, that the
Applicants and any other Covered Persons are granted a temporary
exemption from the provisions of section 9(a), effective as of the date
of the Injunction, solely with respect to the Injunction, subject to
the representations and conditions in the application, until the
Commission takes final action on their application for a permanent
order.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-15078 Filed 7-13-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75898-75899]
[FR Doc No: 2016-26357]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Aviation
Insurance

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew a previously approved
information collection. The requested information is included in air
carriers applications for insurance when insurance is not available
from private sources.

DATES: Written comments should be submitted by January 3, 2017.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Federal Aviation Administration, ASP-110, 800 Independence
Ave. SW., Washington, DC 20591.

PUBLIC COMMENTS INVITED:  You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson by email at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0514.
    Title: Aviation Insurance.

    Form Numbers: FAA Form 2120-0514.
    Type of Review: Renewal of an information collection.
    Background: The information submitted by applicants for insurance
under Chapter 443 of Title 49 U.S.C. is used by the FAA to identify the
eligibility of parties to be insured, the amount of coverage required,
and insurance premiums. Without collection of this information, the FAA
would not be able to issue required insurance.
    Respondents: Approximately 61 applicants.
    Frequency: On occasion.
    Estimated Average Burden per Response: 4 hours.
    Estimated Total Annual Burden: 616 hours.

    Issued in Washington, DC on October 26, 2016.
Ronda Thompson,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2016-26357 Filed 10-31-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Page 78984]
[FR Doc No: 2010-31708]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13876-000]

South Run Pumped Storage, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

December 13, 2010.
    On October 26, 2010, South Run Pumped Storage, LLC, Massachusetts,
filed an application for a preliminary permit, pursuant to section 4(f)
of the Federal Power Act (FPA), proposing to study the feasibility of
the South Run Pumped Storage Project (South Run Project or project) to
be located on South Run, near Norton, Medina and Summit counties, Ohio.
The sole purpose of a preliminary permit, if issued, is to grant the
permit holder priority to file a license application during the permit
term. A preliminary permit does not authorize the permit holder to
perform any land-disturbing activities or otherwise enter upon lands or
waters owned by others without the owners' express permission.
    The proposed project would consist of: (1) An excavated, diked, and
asphalt-lined 255-acre upper reservoir having a maximum water surface
area of about 195 acres and a total volume of 7,805 acre-feet; (2) a
7,760-acre-foot capacity underground lower reservoir, 2,200 feet below
ground surface, created by previous limestone mining activities; (3) a
diversion channel around the west and south sides of the upper
reservoir with sufficient capacity to carry a 100-year flood flow of
1,170 cubic feet per second; (4) a 28-foot-diameter, 7,000-foot-long,
concrete-lined power tunnel located 300 feet below the ground surface
that extends from the upper reservoir to two 17.5-foot-diameter, 2,400-
foot-long concrete-lined vertical shafts connecting the power tunnel
with the underground powerhouse penstocks; (5) six 6-foot-3-inch
diameter, 235-foot-long, steel-and concrete-lined penstocks; (6) an
underground powerhouse containing six 250-megawatt (MW) reversible
pump-turbines; (7) an underground transformer gallery; (8) a 3-mile-
long, 345-kilovolt overhead transmission line; and (9) appurtenant
facilities. The estimated annual generation of the South Run Project
would be between 1,300 and 2,000 gigawatt-hours, depending on
utilization factors. There are no Federal or state lands associated
with the project.
    Applicant Contact: Daniel R. Irvin, Free Flow Power Corporation, 33
Commercial Street, Gloucester, MA 01930; phone:<PHONE_NUMBER>.
    FERC Contact: Sergiu Serban; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13876-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-31708 Filed 12-16-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 17, 2007 (Volume 72, Number 95)]
[Notices]
[Page 27879-27881]
[DOCID:fr17my07-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55746; File No. SR-CBOE-2007-49]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Order Granting Accelerated Approval
of Proposed Rule Change To Trade Certain iShares MSCI International
Index Funds Pursuant to UTP

May 11, 2007
    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 May 10, 2007, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE''), filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been substantially prepared by
the Exchange. This notice and order provides notice of the proposed
rule change and approves the proposal on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to trade, on the CBOE Stock Exchange
(``CBSX''), shares (``Shares'') of eight iShares MSCI international
index funds (``Funds'') pursuant to unlisted trading privileges
(``UTP''). The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.org/Legal), at the Exchange's

principal office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange 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 III below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange is proposing to trade Shares of the following Funds
pursuant to UTP:

 iShares MSCI Belgium (Symbol: EWK)
 iShares MSCI France (EWQ)
 iShares MSCI Italy (EWI)
 iShares MSCI Japan (EWJ)
 iShares MSCI Netherlands (EWN)
 iShares MSCI Spain (EWP)
 iShares MSCI Sweden (EWD)
 iShares MSCI Switzerland (EWL)

    The Funds seek to provide investment results that correspond
generally to the price and yield performance, before fees and expenses,
of publicly traded securities in the aggregate in the respective
country's markets, as measured by the applicable MSCI Index (each, an
``Index'').
    The Commission previously approved the original listing and trading
of the Shares on the American Stock Exchange (``Amex'').\3\ The
Commission subsequently approved listing of the Shares on the New York
Stock Exchange (``NYSE'').\4\ Consequently, Shares of each Fund are
listed on both Amex and NYSE.
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    \3\ See Securities Exchange Act Release No. 36947 (March 8,
1996), 61 FR 10606 (March 14, 1996) (SR-Amex-95-43). The Shares were
formerly known as World Equity Benchmark Shares or WEBS.
    \4\ See Exchange Act Release No. 52816 (November 21, 2005), 70
FR 71574 (November 29, 2005) (SR-NYSE-2005-70) (approving the
listing and trading on NYSE of the shares of iShares MSCI Index
Funds for Belgium, France, Italy, Netherlands, Spain, Sweden, and
Switzerland). See also Securities Exchange Act Release No. 52761
(November 10, 2005), 70 FR 70010 (November 18, 2005) (SR-NYSE-2005-
76) (approving the listing and trading on NYSE of the shares of
iShares MSCI Japan Index Fund, among other index funds).
---------------------------------------------------------------------------

    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. The trading hours for
the Shares on CBSX will be 8:15 a.m. until 3:15 p.m. Central Time
(``CT''), unless the intraday indicative value (``IIV'') of a Fund is
not being calculated and widely disseminated before 8:30 a.m. CT, in
which case trading will begin at 8:30 a.m. CT; and unless the Amex
closes trading at 3 p.m. CT, in which case trading will end at 3 p.m.
CT.
    Quotations for and last-sale information regarding the Shares are
disseminated through the Consolidated Quotation System. The value of
each Index is updated intra-day on a real-time basis as individual
component securities of each Index change in price. The intraday value
of each Index is disseminated every 15 seconds throughout the trading
day. In addition, a value for each Index is disseminated once each
trading day, based on closing prices in the relevant exchange markets.
    To provide updated information relating to the Shares for use by
investors, professionals, and persons wishing to create or redeem them,
Amex disseminates through the facilities of the Consolidated Tape
Association the IIV for each Fund as calculated by a securities
information provider. The IIV for each Fund is disseminated on a per-
share basis every 15 seconds during regular trading hours. CBOE Rule
52.3 provides that, if the IIV ceases to be widely available, CBSX
would cease trading the Shares.
    In connection with the trading of the Shares, the Exchange would
inform members and member organizations in an Information Circular of
the special characteristics and risks associated with trading the
Shares, including how they are created and redeemed, the prospectus or
product description delivery requirements applicable to the Shares,
applicable Exchange rules, how information about the value of the
underlying Index is disseminated, and trading information. In addition,
before a member recommends a transaction in the Shares, the member must
determine that the Shares are suitable for the customer as required by
CBOE Rule 53.6.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These may include: (1) The extent to
which trading is not occurring in the securities comprising the
underlying index and/or financial instruments of the Funds, or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. In addition,
trading in the Shares would be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule.\5\
---------------------------------------------------------------------------

    \5\ CBOE Rule 6.3B.
---------------------------------------------------------------------------

    Moreover, the Exchange represents that it would cease trading the
Shares if the listing market stops trading the Shares because of a
regulatory halt similar to a halt based on CBOE Rule 6.3. UTP trading
in the Shares is also governed by the trading halts provisions of CBOE
Rule 52.3 relating to temporary

interruptions in the calculation or wide dissemination of the IIV or
the value of the underlying index.
    The Exchange intends to utilize its existing surveillance
procedures applicable to equity security products to monitor trading in
the Shares. The Exchange represents that these procedures are adequate
to monitor Exchange trading of the Shares.
2. Statutory Basis
    CBOE believes that the proposed rule change is consistent with the
Act and the rules and regulations thereunder applicable to a national
securities exchange. Specifically, the Exchange believes that the
proposed rule change is consistent with the Section 6(b)(5) \6\
requirements that an exchange have rules that are designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and to protect investors and the public interest. In addition,
CBOE believes that the proposal is consistent with Rule 12f-5 under the
Act \7\ because it deems Shares to be equity securities, thus rendering
trading in the Shares subject to the Exchange's existing rules
governing the trading of equity securities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78(f)(b)(5).
    \7\ 17 CFR 240.12f-5.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

III. 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-CBOE-2007-49 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2007-49. 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 Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. 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-CBOE-2007-49 and should be submitted on or before June
7, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\8\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\9\ which requires that an
exchange have rules designed, among other things, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
in general to protect investors and the public interest. The Commission
believes that this proposal should benefit investors by increasing
competition among markets that trade the Shares.
---------------------------------------------------------------------------

    \8\ In approving this rule change, the Commission notes that it
has considered the proposal's impact on efficiency, competition, and
capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the Commission finds that the proposal is consistent
with Section 12(f) of the Act,\10\ which permits an exchange to trade,
pursuant to UTP, a security that is listed and registered on another
exchange.\11\ The Commission notes that it previously approved the
listing and trading of the Shares on Amex and NYSE.\12\ The Commission
also finds that the proposal is consistent with Rule 12f-5 under the
Act,\13\ which provides that an exchange shall not extend UTP to a
security unless the exchange has in effect a rule or rules providing
for transactions in the class or type of security to which the exchange
extends UTP. The Exchange has represented that it meets this
requirement because it deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78l(f).
    \11\ Section 12(a) of the Act, 15 U.S.C. 78l(a), generally
prohibits a broker-dealer from trading a security on a national
securities exchange unless the security is registered on that
exchange pursuant to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any security to which an
exchange ``extends UTP.'' When an exchange extends UTP to a
security, it allows its members to trade the security as if it were
listed and registered on the exchange even though it is not so
listed and registered.
    \12\ See supra notes 3 and 4.
    \13\ 17 CFR 240.12f-5.
---------------------------------------------------------------------------

    The Commission further believes that the proposal is consistent
with Section 11A(a)(1)(C)(iii) of the Act,\14\ which sets forth
Congress' finding that it is in the public interest and appropriate for
the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities. Quotations for and last-sale information regarding the
Shares are disseminated through the facilities of the CTA and the
Consolidated Quotation System. In addition, the IIV of each Fund is
disseminated every 15 seconds throughout the trading day by the
national securities exchange on which the Fund is listed or by other
information providers or market data vendors.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    Furthermore, the Commission believes that the proposal is
reasonably designed to preclude trading of the Shares when transparency
is impaired. CBOE Rule 52.3 sets forth trading halt procedures when
CBOE trades the

Shares pursuant to UTP. Under this rule, if the listing market halts
trading when the IIV is not being calculated or widely disseminated,
CBOE also would halt trading in the Shares. This rule is substantially
similar to those recently adopted by other exchanges and found by the
Commission to be consistent with the Act.\15\
---------------------------------------------------------------------------

    \15\ See, e.g., NYSE Arca Equities Rule 7.34; Securities
Exchange Act Release No. 54997 (December 21, 2006), 71 FR 78501
(December 29, 2006).
---------------------------------------------------------------------------

    The Commission notes that, if the Shares should be delisted by the
listing market, the Exchange would no longer have authority to trade
the Shares pursuant to this order.
    In support of this proposal, the Exchange has made the following
representations:
    1. The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares and to deter and detect
violations of Exchange rules.
    2. Prior to the commencement of trading, the Exchange would inform
its members and member organizations in an Information Circular of the
special characteristics and risks associated with trading the Shares.
    3. The Information Circular would include the requirement that
members and member firms deliver a prospectus to investors purchasing
newly issued Shares prior to or concurrently with the confirmation of a
transaction.

This approval order is conditioned on the Exchange's adherence to these
representations.
    The Commission finds good cause for approving this proposal before
the thirtieth day after the publication of notice thereof in the
Federal Register. As noted previously, the Commission previously found
the listing and trading of the Shares on Amex and NYSE to be consistent
with the Act. The Commission presently is not aware of any regulatory
issue that should cause it to revisit that finding or would preclude
the trading of the Shares on the Exchange pursuant to UTP. Therefore,
accelerating approval of this proposal should benefit investors by
creating, without undue delay, additional competition in the market for
the Shares.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (SR-CBOE-2007-49) be and it
hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Lynn Taylor,
Deputy Secretary.
 [FR Doc. E7-9470 Filed 5-16-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Proposed Rules]
[Pages 8907-8910]
[FR Doc No: 2014-03277]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1

[Docket No. FDA-2013-N-0013]

Sanitary Transportation of Human and Animal Food; Public Meetings
on Proposed Rule

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of public meetings.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing
three public meetings to discuss the proposed rule that would establish
requirements for shippers, carriers by motor vehicle and rail vehicle,
and receivers engaged in the transportation of food, including food for
animals, to use sanitary transportation practices to help ensure the
safety of the food they transport. The proposed rule is part of our
larger effort to focus on prevention of food safety problems throughout
the food chain and is part of our implementation of the Sanitary Food
Transportation Act of 2005 (2005 SFTA) and the FDA Food Safety
Modernization Act (FSMA). The purpose of the public meetings is to
inform the public of the provisions of the proposed rule and the
rulemaking process (including how to submit comments, data, and other
information to the rulemaking docket) as well as solicit oral
stakeholder and public comments on the proposed rule and to respond to
questions about the rule.

DATES: See section II, ``How to Participate in the Public Meetings,''
in the SUPPLEMENTARY INFORMATION section for dates and times of the
public meetings, closing dates for advance registration, and
information on deadlines for submitting either electronic or written
comments to FDA's Division of Dockets Management.

ADDRESSES: See section II, ``How to Participate in the Public
Meetings,'' in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: For questions about registering for
the meeting, to register by phone, or to

submit a notice of participation by mail, fax, or email, contact: Nick
Cane, Nakamoto Group, Inc., 11820 Parklawn Dr., Suite 240, Rockville,
MD 20852,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>For general questions about the meeting;
to request an opportunity to make an oral presentation at the public
meeting; to submit the full text, comprehensive outline, or summary of
an oral presentation; or for special accommodations due to a
disability, contact: Juanita Yates, Center for Food Safety and Applied
Nutrition (HFS-009), Food and Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FSMA (Pub. L. 111-353), was signed into law by President Obama on
January 4, 2011, to better protect public health by helping to ensure
the safety and security of the food supply. FSMA amends the Federal
Food, Drug, and Cosmetic Act (the FD&C Act) to establish the foundation
of a modernized, prevention-based food safety system. FSMA was the
first major legislative reform of FDA's food safety authorities in more
than 70 years, even though FDA has increased the focus of its food
safety efforts on prevention over the past several years. Among other
things, FSMA requires FDA to implement the 2005 SFTA. The 2005 SFTA
requires FDA to issue regulations requiring shippers, carriers by motor
vehicle or rail vehicle, receivers, and other persons engaged in the
transportation of food to use sanitary transportation practices to help
ensure that food is not transported under conditions that may render
the food adulterated. Isolated incidents of insanitary transportation
practices for human and animal food and outbreaks and illnesses caused
by contamination of these foods during transport there have resulted in
concerns over the past decades about the potential that food can become
contaminated during transportation. The goal of the proposed rule is to
help ensure that transportation practices do not create food safety
risks.
    FDA is announcing two public meetings entitled ``The Food Safety
Modernization Act Public Meeting on Focused Mitigation Strategies to
Protect Food Against Intentional Adulteration and Sanitary
Transportation of Human and Animal Food'' and a third public meeting
entitled ``The Food Safety Modernization Act Public Meeting on Sanitary
Transportation of Human and Animal Food'' so that the food industry,
consumers, foreign governments, and other stakeholders can evaluate and
comment on the proposals. As stated, the first two meetings will cover
both the focused mitigation strategies to protect food against
international adulteration and sanitary transportation of human and
animal food proposed rules and will be held in Chicago, IL, and
Anaheim, CA; the third meeting in College Park, MD, will cover only the
sanitary transport proposed rule during the proposed rule comment
period. All three public meetings are intended to facilitate and
support the proposed rules' evaluation and commenting process.

II. How To Participate in the Public Meetings

    FDA is holding the public meetings on the sanitary transport
proposed rule to inform the public about the rulemaking process,
including how to submit comments, data, and other information to the
rulemaking docket; to respond to questions about the proposed rules;
and to provide an opportunity for interested persons to make oral
presentations. Due to limited space and time, FDA encourages all
persons who wish to attend the meetings to register in advance. There
is no fee to register for the public meetings, and registration will be
on a first-come, first-served basis. Early registration is recommended
because seating is limited. Onsite registration will be accepted, as
space permits, after all preregistered attendees are seated.
    Those requesting an opportunity to make an oral presentation during
the time allotted for public comment at the meetings are asked to
submit a request and to provide the specific topic or issue to be
addressed. Due to the anticipated high level of interest in presenting
public comment and the limited time available, FDA is allocating 3
minutes to each speaker to make an oral presentation. Speakers will be
limited to making oral remarks; there will not be an opportunity to
display materials such as slide shows, videos, or other media during
the meeting. If time permits, individuals or organizations that did not
register in advance may be granted the opportunity to make an oral
presentation. FDA would like to maximize the number of individuals who
make a presentation at the meeting and will do our best to accommodate
all persons who wish to make a presentation or express their opinions
at the meeting.
    FDA encourages persons and groups who have similar interests to
consolidate their information for presentation by a single
representative. After reviewing the presentation requests, FDA will
notify each participant before the meeting of the approximate time
their presentation is scheduled to begin, and remind them of the
presentation format (i.e., 3-minute oral presentation without visual
media).
    While oral presentations from specific individuals and
organizations will be necessarily limited due to time constraints
during the public meetings, stakeholders may submit electronic or
written comments discussing any issues of concern to the administrative
record (the docket) for the rulemaking. All relevant data and
documentation should be submitted with the comments to Docket No. FDA-
2013-N-0013.
    Table 1 of this document provides information on participation in
the public meetings:

   Table 1--Information on Participation in the Meetings and on Submitting Comments to the Rulemaking Dockets
----------------------------------------------------------------------------------------------------------------
                                                               Electronic                             Other
                                           Date                  address           Address         information
----------------------------------------------------------------------------------------------------------------
Chicago, IL, Public Meeting,   February 27, 2014..........  http://           Hilton Chicago,   Onsite
 Transport Session.                                          www.fda.gov/      720 South         registration
                                                             Food/             Michigan Ave.,    from 8 a.m. to
                                                             GuidanceRegulat   Chicago, IL       8:30 a.m.
                                                             ion/FSMA/         60605.
                                                             ucm247568.htm
Chicago, IL, Advance           Until February 18, 2014....  http://           We encourage you  There is no
 Registration.                                               www.fda.gov/      to use            registration
                                                             Food/             electronic        fee for the
                                                             GuidanceRegulat   registration if   public
                                                             ion/FSMA/         possible.\1\      meetings. Early
                                                             ucm247568.htm                       registration is
                                                                                recommended
                                                                                because seating
                                                                                is limited.

Chicago, IL, Request to Make   February 10, 2014..........  http://                             Requests made on
 a Public Comment.                                           www.fda.gov/                        the day of the
                                                             Food/                               meeting to make
                                                             GuidanceRegulat                     an oral
                                                             ion/FSMA/                           presentation
                                                             ucm247568.htm                       will be granted
                                                             \2\                                 as time
                                                                                permits.
                                                                                Information on
                                                                                requests to
                                                                                make an oral
                                                                                presentation
                                                                                may be posted
                                                                                without change
                                                                                to http://www.regulations.gov, including
                                                                                any personal
                                                                                information
                                                                                provided.
Chicago, IL, Request Special   February 10, 2014..........  Juanita Yates,    See FOR FURTHER
 Accommodations Due to a                                     email:            INFORMATION
 Disability.                                                 Juanita.yates@f   CONTACT
                                                             da.hhs.gov
Chicago, IL, Closing Date for  May 31, 2014...............  Docket No. FDA-                     ................
 Electronic or Written                                       2013-N-0013.
 Comments.
Anaheim, CA, Public Meeting,   March 13, 2014.............  http://           Sheraton Park     Onsite
 Transport Session.                                          www.fda.gov/      Hotel, 1855       registration
                                                             Food/             South Harbor      from 8 a.m. to
                                                             GuidanceRegulat   Blvd., Anaheim,   8:30 a.m.
                                                             ion/FSMA/         CA 92802.
                                                             ucm247568.htm
Anaheim, CA, Advance           Until March 4, 2014........  http://           We encourage you  There is no
 Registration.                                               www.fda.gov/      to use            registration
                                                             Food/             electronic        fee for the
                                                             GuidanceRegulat   registration if   public
                                                             ion/FSMA/         possible.\1\      meetings. Early
                                                             ucm247568.htm                       registration is
                                                                                recommended
                                                                                because seating
                                                                                is limited.
Anaheim, CA, Request to make   February 18, 2014..........  http://                             Requests made on
 a Public Comment.                                           www.fda.gov/                        the day of the
                                                             Food/                               meeting to make
                                                             GuidanceRegulat                     an oral
                                                             ion/FSMA/                           presentation
                                                             ucm247568.htm                       will be granted
                                                             \2\                                 as time
                                                                                permits.
                                                                                Information on
                                                                                requests to
                                                                                make an oral
                                                                                presentation
                                                                                may be posted
                                                                                without change
                                                                                to http://www.regulations.gov, including
                                                                                any personal
                                                                                information
                                                                                provided.
Anaheim, CA, Request Special   February 18, 2014..........  Juanita Yates,    See FOR FURTHER   ................
 Accommodations Due to a                                     email:            INFORMATION
 Disability.                                                 Juanita.yates@f   CONTACT
                                                             da.hhs.gov
Anaheim, CA, Closing Date for  May 31, 2014...............  Docket No. FDA-                     ................
 Electronic or Written                                       2013-N-0013.
 Comments.
College Park, MD, Public       March 20, 2014.............  http://           Wiley Building,   Onsite
 Meeting.                                                    www.fda.gov/      5100 Paint        registration
                                                             Food/             Branch Pkwy.,     from 8 a.m. to
                                                             GuidanceRegulat   College Park,     8:30 a.m.
                                                             ion/FSMA/         MD 20740.
                                                             ucm247568.htm
College Park, MD, Advance      Until March 13, 2014.......  http://           We encourage you  There is no
 Registration.                                               www.fda.gov/      to use            registration
                                                             Food/             electronic        fee for the
                                                             GuidanceRegulat   registration if   public
                                                             ion/FSMA/         possible.\1\      meetings. Early
                                                             ucm247568.htm                       registration is
                                                                                recommended
                                                                                because seating
                                                                                is limited.
College Park, MD, Request to   February 28, 2014..........  http://                             Requests made on
 Make a Public Comment.                                      www.fda.gov/                        the day of the
                                                             Food/                               meeting to make
                                                             GuidanceRegulat                     an oral
                                                             ion/FSMA/                           presentation
                                                             ucm247568.htm                       will be granted
                                                                                as time
                                                                                permits.
                                                                                Information on
                                                                                requests to
                                                                                make an oral
                                                                                presentation
                                                                                may be posted
                                                                                without change
                                                                                to http://www.regulations.gov, including
                                                                                any personal
                                                                                information
                                                                                provided.
Closing Date of Docket.......  May 31, 2014...............  Docket No. FDA-                     ................
                                                             2013-N-0013.
College Park, MD, Request      February 28, 2014..........  Juanita Yates,    See FOR FURTHER   ................
 Special Accommodations Due                                  email:            INFORMATION
 to a Disability.                                            Juanita.yates@f   CONTACT
                                                             da.hhs.gov
Closing Date for Electronic    May 31, 2014...............  Docket No. FDA-                     ................
 or Written Comments to be                                   2013-N-0013.
 Included in Docket.
----------------------------------------------------------------------------------------------------------------
\1\ You may also register via email, mail, or fax. Please include your name, title, firm name, address, and
  phone and FAX numbers in your registration information and send to: Nick Cane, Nakamoto Group, Inc., 11820
  Parklawn Dr., Suite 240, Rockville, MD 20852,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>Onsite registration will also be available.

\2\ You may also request to make an oral presentation at the public meetings via email. Please include your
  name, title, firm name, address, and phone and fax numbers as well as the full text, comprehensive outline, or
  summary of your oral presentation and send to: Juanita Yates, Center for Food Safety and Applied Nutrition,
  Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
III. Comments, Transcripts, and Recorded Video

    Information and data submitted voluntarily to FDA during the public
meetings will become part of the administrative record for the
rulemaking and will be accessible to the public at http://www.regulations.gov. The transcript of the proceedings from the public
meetings will become part of the administrative record for the
rulemaking. Please be advised that as soon as a transcript is
available, it will be accessible at http://www.regulations.gov and at
FDA's FSMA Web site at: http://www.fda.gov/Food/GuidanceRegulation/FSMA/default.htm. It may also be viewed at the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852. A transcript will also be available in
either hardcopy or on CD-ROM, after submission of a Freedom of
Information request. Written requests are to be sent to the Division of
Freedom of Information (ELEM-1029), 12420 Parklawn Dr., Element Bldg.,
Rockville, MD 20857. Additionally, FDA will be video recording and live
Web casting all of the public meetings. Once the recorded video is
available, it will be accessible at FDA's FSMA Web site at http://www.fda.gov/Food/GuidanceRegulation/FSMA/default.htm.

    Dated: February 11, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-03277 Filed 2-13-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Notices]
[Pages 32052-32053]
[FR Doc No: 2021-12671]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket Number USCG-2019-0862]

Port Access Route Study: Approaches to the Chesapeake Bay,
Virginia

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability of draft report; request for comments.

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

SUMMARY: On November 27, 2019 the Coast Guard published a notice of
study and request for comments (84 FR 65398), announcing a Port Access
Route Study (PARS) for the Approaches to the Chesapeake Bay, Virginia.
This notice announces the availability of a draft report for public
review and comment. We seek your comments on the content, proposed
routing measures, and development of the report. The recommendations of
the study may lead to future rulemakings or appropriate international
agreements.

DATES: Your comments and related material must reach the Coast Guard on
or before July 16, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0862 using the Federal portal at https://www.regulations.gov. See
the ``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice or study, call or email Mr. Jerry Barnes, Fifth Coast Guard
District (dpw), U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>or Captain Maureen Kallgren, Fifth Coast Guard
District (dpw), U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

DHS Department of Homeland Security
FR Federal Register
NEPA National Environmental Policy Act
PARS Port Access Route Study
ACPARS Atlantic Coast Ports Access Route Study
U.S.C. United States Code
WEA Wind Energy Area

II. Background and Purpose

    The Ports and Waterways Safety Act (46 U.S.C. 70003(c)) requires
the Coast Guard to conduct a PARS, i.e., a study of potential traffic
density and the need for safe access routes for vessels. Through the
study process, the Coast Guard coordinates with Federal, State, local,
tribal and foreign state agencies (as appropriate) to consider the
views of maritime community representatives, environmental groups, and
other interested stakeholders. The primary purpose of this coordination
is, to the extent practicable, to reconcile the need for safe access
routes with other reasonable waterway uses such as construction and
operation of renewable energy facilities and other uses of the Atlantic
Ocean in the study area.
    In 2019, the Coast Guard announced a supplemental study of routes
used by all vessels to access ports on the Atlantic Coast of the United
States (84 FR 9541, March 15, 2019). This notice announced PARS for
specific port approaches and international transit areas along the
Atlantic Coast. The purpose of the supplemental studies is to align the
Atlantic Coast Port Access Route Study (ACPARS) (81 FR 13307, March 14,
2016) with port approaches. The ACPARS analyzed the Atlantic Coast
waters seaward of existing port approaches within the U.S. Exclusive
Economic Zone and was finalized in 2017 (82 FR 16510, April 5, 2017).
    The purpose of this notice is to announce the draft PARS that
examines the approaches to the Chesapeake Bay, VA, in conjunction with
the implementation of recommendations of the ACPARS, and to solicit
public comments. We encourage you to participate in the study process
by submitting comments in response to this notice. This supplemental
PARS used AIS data and information from stakeholders to identify and
verify customary navigation routes as well as potential conflicts
involving alternative activities, such as wind energy generation and
offshore mineral exploitation and exploration in the approaches to the
Chesapeake Bay, Virginia.
    On November 27, 2019, the Coast Guard published a Notice of Study;
request for comments entitled ``Port Access Route Study: Approaches to
the Chesapeake Bay, Virginia'' in the Federal Register (84 FR 65398).
The public was afforded a 60-day comment period, and the option to
request public meetings. The Coast Guard conducted outreach with port
partners during this time. The comment period was closed on January 27,
2020.
    The study area extends approximately 220 nautical miles seaward of
the Chesapeake Bay, between Ocean City, MD, and Cape Hatteras, NC. An
illustration showing the study area is available in the docket where
indicated under ADDRESSES. Additionally, the study area is available
for viewing on the Mid-Atlantic Ocean Data Portal at http://portal.midatlanticocean.org/visualize/. See the ``Maritime'' portion of
the Data Layers section.

III. Discussion

    PARS are the means by which program managers determine the need to
establish traffic routing measures or shipping safety fairways to
reduce the risk of collision, allision and grounding, and their impact
on the environment, increase the efficiency and predictability of
vessel traffic, and preserve the paramount right of navigation while
continuing to allow for other reasonable waterway uses. The study
analyzes current routing measures around the approaches to Chesapeake
Bay and proposes an adequate way to manage the forecasted maritime
traffic growth, as well as the co-dependent use of the waters in
support of future development.
    The Coast Guard received 11 comments in response to our Federal
Register notice and other outreach efforts. All comments and supporting
documents are available in a public docket and can be viewed at http://www.regulations.gov. In the ``Search'' box insert ``USCG-2019-0862''
and click ``Search.'' Click the ``Open Docket Folder'' in the
``Actions'' column. These comments were submitted by

commercial maritime operators and state and port partners. Topics
covered by these comments included support and requests for additional
routing measures around WEAs, requests for collaboration with state
organizations, and requests for NEPA compliance and Environmental
Impact Studies to be completed. A synopsis of the comments and copies
of the Coast Guard's Public outreach can be found in the report.
    As a result of the data analysis within this study and considering
the comments received the Coast Guard proposes five measures for
consideration by the public. Any comments received will be reviewed and
considered before a final version of the Approaches to Chesapeake Bay
PARS is announced in the Federal Register. This notice is published
under the authority of 46 U.S.C. 70004 and 5 U.S.C. 552(a).

IV. Information Requested

    We encourage you to submit comments through the Federal portal at
https://www.regulations.gov. In your submission, please include the
docket number for this notice of inquiry and provide a reason for each
suggestion or recommendation. If your material cannot be submitted
using https://www.regulations.gov, contact the person in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
    Documents mentioned in this notice of inquiry as being available in
the docket, and public comments, will be in our online docket at
https://www.regulations.gov and can be viewed by following that
website's instructions. We review all comments received, but we may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. If you visit the online docket and sign up for email
alerts, you will be notified when comments are posted or if a final
rule is published.

    Dated: May 25, 2021.
Laura M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-12671 Filed 6-15-21; 8:45 am]
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[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Notices]
[Pages 58339-58341]
[FR Doc No: 2014-23114]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2010-0173; FRL-9916-70]

Announcement of Meeting Dates and Opportunity for Public Comments
on Proposed List of Potential Peer Reviewers for an Approach for
Estimating Exposures and Incremental Health Effects From Lead Due to
Renovation, Repair, and Painting Activities in Public and Commercial
Buildings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Agency is requesting public comments on the proposed list
of candidate peer reviewers for the independent contractor-managed
external peer review of the draft documents released for public comment
in the August 6, 2014 Federal Register notice entitled ``Approach for
Estimating Exposures and Incremental Health Effects from Lead Due to
Renovation, Repair, and Painting Activities in Public and Commercial
Buildings.'' This notice provides the names and professional
affiliations of the proposed peer reviewers. The public is requested to
provide relevant information or documentation on the candidates who are
being evaluated by the external peer review contractor, Versar, Inc.
(Versar). Versar will consider the public comments on the proposed list
of peer reviewers and will select the final peer reviewers who,
collectively, best provide expertise spanning the multiple subject
matter areas covered by the draft documents and, to the extent
feasible, best provide a balance of perspectives according to EPA peer
review guidance. This notice provides the public peer review meeting
dates as well as Versar's Web site that will provide details about the
meeting location, how to register to attend the meeting either in
person or electronically, and how to provide comments at the meeting.
The date, time, and conference call-in number of the initial meeting of
the peer review panel can be obtained at Versar's peer review Web site.

DATES:
    Meeting: A 2-day panel meeting will be held on January 13, and 14,
2015, see Unit IV. of the SUPPLEMENTARY INFORMATION.
    Comments: Comments must be received on or before October 20, 2014.

ADDRESSES: Meeting: Details regarding the meeting in Washington, DC,
will be posted on Versar's Web site, see Unit IV. of the SUPPLEMENTARY
INFORMATION.
    Comments: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2010-0173, 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: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 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:
    For technical information contact: Stan Barone, Jr., Risk
Assessment Division (7403M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; 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 in the
environmental and human health assessment field; independent
contractors and contracting companies involved in renovation, repair,
and painting; or members of the public interested in the assessment of
chemical risks. 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:
     Building construction (NAICS code 236).
     Specialty trade contractors (NAICS code 238).
     Real estate (NAICS code 531).
     Other general governmental support (NAICS code 921).

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.

II. Background

    EPA has prepared draft documents related to estimating exposures
and incremental health effects from lead due to renovation, repair, and
paining activities (RRP) in public and commercial buildings (P&CBs) for
purposes of public comment (scientific views) and peer review. As
discussed in the Federal Register of August 6, 2014 (79 FR 45796) (FRL-
9914-12) (http://www.gpo.gov/fdsys/pkg/FR-2014-08-06/pdf/2014-18357.pdf), when finalizing the draft documents, EPA will consider any
public comments and peer reviewer comments submitted.
    Once the analytical support documents are finalized, they will be
utilized in the process of determining whether or not lead-based paint
hazards are created by RRP activities in P&CBs, as required under TSCA,
Subtitle IV (15 U.S.C. 2681 et seq.). For those renovation activities
in P&CBs that create lead-based paint hazards, TSCA directs EPA to
address the hazards through regulation.
    The draft documents are available through http://www.regulations.gov (docket ID number EPA-HQ-OPPT-2010-0173).

III. Process of Obtaining Candidate Reviewers

    Consistent with guidelines for the peer review of influential
scientific assessments, EPA tasked Versar to assemble approximately 10-
12 scientific experts to evaluate the draft documents cited in this
notice. As part of the peer review process, a public nomination period
was held from June 27, 2014, to July 18, 2014, during which members of
the public were able to nominate scientific experts with knowledge and
experience in one or more of the following areas:
    1. Multimedia routes of human exposure to lead.
    2. Modeling of multimedia human exposures.
    3. Lead exposure pathway assessment.
    4. Lead uptake/absorption.
    5. Internal biokinetic distribution and physiological effects of
lead.
    6. Tissue concentrations of lead.
    7. Human growth and activity patterns.
    8. Exposure assessment modeling.
    9. Lead-induced health effects.
    10. Risk assessment and uncertainty characterization.

Versar also conducted an independent search for scientific experts to
augment the list of publically nominated candidates. In total, Versar
evaluated the 18 candidates nominated during the public nomination
period and Versar identified more than 40 additional candidates.
     Selection process. Versar considered and screened all
candidates against the selection criteria described in the Federal
Register notice of June 27, 2014 (79 FR 36511) (FRL-9912-63) (http://www.gpo.gov/fdsys/pkg/FR-2014-06-27/pdf/2014-15123.pdf), which included
having demonstrated expertise in the areas described, being free of any
conflict of interest, being free of appearance of bias, and being
available to participate in-person in a 2-day peer review meeting in
the Washington, DC area on January 13 and 14, 2015. Following the
screening process, Versar narrowed the list of potential reviewers to
15 proposed candidates. This notice solicits comments on the proposed
list of 15 candidates. The public is requested to provide relevant
information or documentation on the candidates who are being evaluated
by Versar. Versar will consider the public comments on the proposed
list of peer reviewers and will post the final list of peer reviewers
on their Web site (https://peerreview.versar.com/epa/lead).
     Responsibilities of Peer Reviewers. Peer reviewers will be
charged with evaluating and preparing written comments on the draft
documents. Specifically, reviewers will provide general comments, their
overall impressions of the draft documents, and respond to the peer
review charge questions. They will consider public comments submitted
to the docket (docket ID number EPA-HQ-OPPT-2010-0173).
    Following the peer review meeting, Versar will provide a peer
review summary report to EPA containing the comments and
recommendations from the peer reviewers. The final peer review report
will also be made available to the public on Versar's Web site. In
preparing the final form of analytical support document, EPA will
consider Versar's peer review report which includes comments and
recommendations from the external peer review meeting, as well as
written public comments received through the docket.

IV. Registration for Initial Conference Call and Public Panel Meeting

    Registrations can be made via Versar's Web site (https://peerreview.versar.com/epa/lead) for a public peer review panel

meeting via conference call/webinar that will cover initial ground
rules of the peer review, overview of the peer review charge and
overview of draft documents provided to the peer reviewers. The date,
time, and access code for this conference call/webinar will be
available on the same registration Web site.
    Following the initial conference call/webinar, a 2-day panel
meeting will be held on January 13 and 14, 2015, in the Washington, DC
area. Specific details regarding the meeting location, registration for
personal or electronic attendance, and presentation of comments will be
posted on Versar's Web site (https://peerreview.versar.com/epa/lead).

V. Proposed List of Peer Reviewers

    EPA requests that no individual or organization contact in any way
its contractor or the subcontractor panel members regarding the subject
of the peer review meeting, send contractor written materials regarding
the subject of the meeting, or make any offers or requests to any of
them that appear to be linked to their participation in the peer
review. The contractor shall direct the panel members to report any
such contacts, who will take appropriate action in consultation with
EPA to ensure the independence and impartiality of the peer review.
    Following are the names and professional affiliations of the
current candidates being considered for the external peer review of the
draft documents. A biosketch for the proposed peer reviewers will be
posted in the docket (docket ID number EPA-HQ-OPPT-2010-0173) and on
Versar's Web site (https://peerreview.versar.com/epa/lead). Versar will
select peer reviewers who, collectively, best provide expertise
spanning the multiple required areas of expertise listed Unit III. and,
to the extent feasible, best provide a balance of perspectives.
    1. Deborah Cory-Slechta, Ph. D., University of Rochester, Proposed
Chairperson.
    2. Panos Georgopoulos, Ph.D., Rutgers University.
    3. Phillip Goodrum, Ph.D., Integral Consulting, Inc.
    4. Dale Hattis, Ph.D., Clark University.
    5. Andrew Hunt, Ph.D., University of Texas, Arlington, TX.
    6. Naila Khalil, Ph.D., M.B.B.S., M.P.H., Wright State University.
    7. Andy Menke, Ph.D., M.P.H., Social & Scientific Systems, Inc.
    8. Howard Mielke, Ph.D., Tulane University.
    9. Paul Mushak, Ph.D., PB Associates.
    10. Rosalind Schoof, Ph.D., ENVIRON.
    11. Joel Schwartz, Ph.D., M.D., Harvard University.
    12. Anne Steenhout, Ph.D., Universit[eacute] Libre de Buxelles.
    13. Ken Unice, M.S., Cardno ChemRisk.
    14. Ian von Lindern, Ph.D., PE, Terra Graphics Environmental
Engineering, Inc.
    15. Kathleen Vork, Ph.D., M.P.H., California Environmental
Protection Agency.

    Authority:  15 U.S.C. 2601 et seq.

    Dated: September 19, 2014.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2014-23114 Filed 9-26-14; 8:45 am]
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