[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Notices]
[Pages 39530-39532]
[FR Doc No: 2012-16212]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67272; File No. SR-BX-2012-042]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
Its Excess Order Fee

June 27, 2012.
    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 June 25, 2012, NASDAQ OMX BX, Inc. (``BX'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') a
proposed rule change as described in Items I, II and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \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 the
Substance of the Proposed Rule Change

    BX proposes to institute an excess order fee. [sic] BX will
implement the proposed change on July 2, 2012. The text of the proposed
rule change is available at http://nasdaqomxbx.cchwallstreet.com/, at
BX'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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    BX recently submitted a proposed rule change to introduce an Excess

Order Fee,\3\ aimed at reducing inefficient order entry practices of
certain market participants that place excessive burdens on the systems
of BX and its members and that may negatively impact the usefulness and
life cycle cost of market data. The fee is scheduled to be implemented
on July 2, 2012. In general, the determination of whether to impose the
fee on a particular market participant identifier (``MPID'') is made by
calculating the ratio between (i) entered orders, weighted by the
distance of the order from the national best bid or offer (``NBBO''),
and (ii) orders that execute in whole or in part. The fee is imposed on
MPIDs that have an ``Order Entry Ratio'' of more than 100.
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    \3\ Securities Exchange Act Release No. 67007 (May 17, 2012), 77
FR 30579 (May 23, 2012) (SR-BX-2012-033).
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    Through this proposed rule change, the Exchange is modifying the
parameters of the fee slightly to provide that all calculations under
the rule establishing the fee will be based on orders received by BX
during regular market hours (generally, 9:30 a.m. to 4 p.m.) \4\ and
will exclude orders received at other times, even if they execute
during regular market hours. BX is making the change because the
concerns about inefficient order entry practices that have prompted the
fee are generally not present with regard to trading activity outside
of regular market hours, when volumes are light. BX is also concerned
that lower execution rates outside of regular market hours may skew
calculations under the rule, such that an MPID that is considered
acceptably efficient during regular market hours would be required to
pay a fee under the rule due to its activity outside of regular market
hours.
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    \4\ Regular market hours may be different in some circumstances,
such as on the day after Thanksgiving, when regular market hours on
all exchanges traditionally end at 1 p.m.
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2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\5\ in general, and with Sections
6(b)(4) and 6(b)(5) of the Act,\6\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which BX operates or controls, and is not designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4) and (5).
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    As originally proposed and as modified by this proposed rule
change, BX believes that the Order Entry Fee is reasonable because it
is designed to achieve improvements in the quality of displayed
liquidity and market data that will benefit all market participants. In
addition, although the level of the fee may theoretically be very high,
the fee is reasonable because market participants may readily avoid the
fee by making improvements in their order entry practices that reduce
the number of orders they enter, bring the prices of their orders
closer to the NBBO, and/or increase the percentage of their orders that
execute. The proposed change to the fee is reasonable because it will
reduce the likelihood of the fee being imposed on an MPID that is
considered acceptably efficient during regular market hours, when the
impact of inefficient trading on BX and other market participants is
highest.
    For similar reasons, the fee is consistent with an equitable
allocation of fees, because although the fee may apply to only a small
number of market participants, the fee would be applied to them in
order to encourage better order entry practices that will benefit all
market participants. Ideally, the fee will be applied to no one,
because market participants will adjust their behavior in order to
avoid the fee. The proposed change will increase the likelihood that
the fee will not be imposed in unwarranted circumstances. Finally, BX
believes that the fee is not unfairly discriminatory. Although the fee
may apply to only a small number of market participants, it will be
imposed because of the negative externalities that such market
participants impose on others through inefficient order entry
practices. The proposed modification to the fee is not unfairly
discriminatory because although it will lessen the potential impact of
the fee on MPIDs that are active outside of regular market hours, this
change is rationally related to the fee's purpose of promoting
efficient trading practices in conditions where inefficiency may
negatively impact BX and other market participants.

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

    BX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Specifically, BX
believes that the fee will constrain market participants from pursuing
certain inefficient and potentially abusive trading strategies. To the
extent that this change may be construed as a burden on competition, BX
believes that it is appropriate in order to further the purposes of
Section 6(b)(5) of the Act.\7\ The proposed change will lessen any
burden on competition by removing from consideration orders entered
outside of regular market hours, when concerns about the impact of
inefficient trading on BX and other market participants are diminished.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(5).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor 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.\8\ 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. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
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    \8\ 15 U.S.C. 78s(b)(3)(a)(ii). [sic]
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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-BX-2012-042 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2012-042. 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 on official business days between the hours of 10 a.m.
and 3 p.m. Copies of such filing also will be available for inspection
and copying at the principal offices 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-BX-2012-042, and should be
submitted on or before July 24, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-16212 Filed 7-2-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Notices]
[Page 47294]
[DOCID:fr05au10-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

July 26, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-973-001.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC submits
revised negotiated rate transaction replacing a contract amendment
originally filed 7/16/10.
    Filed Date: 07/21/2010.
    Accession Number: 20100721-0213.
    Comment Date: 5 p.m. Eastern Time on Monday, August 2, 2010.

    Docket Numbers: RP10-877-004.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Cameron Interstate Pipeline, LLC submits tariff filing
per 154.203: Cameron Interstate Pipeline, Compliance Tariff Filing July
21, 2010 to be effective.
    Filed Date: 07/22/2010.
    Accession Number: 20100722-5050.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 3, 2010.

    Docket Numbers: RP10-492-002.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Pipeline Company LLC submits report of
refunds issued to shippers on July 7, 2010 for the period of January 1,
2010 to May 31, 2010.
    Filed Date: 07/23/2010.
    Accession Number: 20100723-0212.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 4, 2010.

    Docket Numbers: RP10-972-001.
    Applicants: Gulfstream Natural Gas System, L.L.C.
    Description: Gulfstream Natural Gas System, L.L.C. submits tariff
filing per 154.203: Baseline Errata Filing to be effective 7/16/2010.
    Filed Date: 07/23/2010.
    Accession Number: 20100723-5021.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 4, 2010.

    Docket Numbers: RP10-976-001.
    Applicants: Northern Natural Gas Company.
    Description: Northern Natural Gas Company submits Second Revised
Sheet 65 to FERC Gas Tariff, Fifth Revised Volume 1, to be effective 8/
16/10.
    Filed Date: 07/23/2010.
    Accession Number: 20100723-0213.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 4, 2010.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be on or before 5 p.m. Eastern time on the specified comment date.
Anyone filing a protest must serve a copy of that document on all the
parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-19238 Filed 8-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39649-39651]
[FR Doc No: 2016-14353]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-E-2585]

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

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for ORBACTIV 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 (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by August
16, 2016. 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 14, 2016.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://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 http://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): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, 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-2015-E-2585 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; ORBACTIV.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at http://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://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 Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

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 ORBACTIV
(oritavancin diphosphate). ORBACTIV is indicated for treatment of adult
patients with acute bacterial skin and skin structure infections caused
or suspected to be caused by susceptible isolates of designated Gram-
positive microorganisms. Subsequent to this approval, the USPTO
received a patent term restoration application for ORBACTIV (U.S.
Patent No. 5,840,684) from Eli Lilly and Co., and the USPTO requested
FDA's assistance in determining this patent's eligibility for patent
term restoration. In a letter dated October 15, 2015, FDA advised the
USPTO that this human drug product had undergone a regulatory review
period and that the approval of ORBACTIV 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
ORBACTIV is 6,539 days. Of this time, 6,295 days occurred during the
testing phase of the regulatory review period, while 244 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 (the FD&C Act) (21 U.S.C. 355(i)) became
effective: September 12, 1996. The applicant claims September 11, 1996,
as the date the investigational new drug application (IND) became
effective. However, FDA records indicate that the IND effective date
was September 12, 1996, 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(b) of the FD&C Act: December
6, 2013. FDA has verified the applicant's claim that the new drug
application (NDA) for ORBACTIV (NDA 206334) was initially submitted on
December 6, 2013.
    3. The date the application was approved: August 6, 2014. FDA has
verified the applicant's claim that NDA 206334 was approved on August
6, 2014.
    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 5 years 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 ask for
a redetermination (see DATES). 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.
To meet its burden, the petition must be timely (see DATES) and contain
sufficient facts to merit an FDA investigation. (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 http://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Division of Dockets Management (HFA-305), Food and
Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: June 13, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-14353 Filed 6-16-16; 8:45 am]
 BILLING CODE 4164-01-P


upon request, a description of how the information may be obtained from
the Fund.
* * * * *

0
123. Amend Form N-2 (referenced in Sec. Sec.  239.14 and 274.11a-1) by
revising Item 18.15 and revising Instruction 6.b to Item 24 to read as
follows:

    Note:  The text of Form N-2 does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM N-2

* * * * *
[square] REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
* * * * *
[square] REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF
1940
* * * * *

PART B--INFORMATION REQUIRED IN A STATEMENT OF ADDITIONAL INFORMATION

* * * * *

Item 18. Management.

* * * * *
    15. Codes of Ethics: Provide a brief statement disclosing whether
the Registrant and its investment adviser and principal underwriter
have adopted codes of ethics under Rule 17j-1 of the 1940 Act [17 CFR
270.17j-1] and whether these codes of ethics permit personnel subject
to the codes to invest in securities, including securities that may be
purchased or held by the Registrant. Also explain in the statement that
these codes of ethics are available on the EDGAR Database on the
Commission's internet site at http://www.sec.gov, and that copies of
these codes of ethics may be obtained, after paying a duplicating fee,
by electronic request at the following email address:
[email protected].
* * * * *

Item 24. Financial Statements

* * * * *

Instructions

* * * * *
    6. * * *
    b. a statement that: (i) The Registrant files its complete schedule
of portfolio holdings with the Commission for the first and third
quarters of each fiscal year on Form N-Q; (ii) the Registrant's Forms
N-Q are available on the Commission's website at http://www.sec.gov;
and (iii) if the Registrant makes the information on Form N-Q available
to shareholders on its website or upon request, a description of how
the information may be obtained from the Registrant.
* * * * *

0
124. Amend Form N-3 (referenced in Sec. Sec.  239.17a and 274.11b) by:
0
a. Revising Instruction 4.(c)(i) to Item 3.(a);
0
b. Revising Item 20.(m); and
0
c. Removing Instruction 6.(ii)(C) to Item 28.(a) and redesignating
current Instruction 6.(ii)(D) to Item 28.(a) as Instruction 6.(ii)(C)
to Item 28.(a).
    The revisions read as follows:

    Note:  The text of Form N-3 does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM N-3

* * * * *
[square] REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
* * * * *
[square] REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF
1940
* * * * *

PART A--INFORMATION REQUIRED IN A PROSPECTUS

* * * * *

Item 3. Synopsis or Highlights

* * * * *

Instructions

* * * * *
    4. * * *
    (c) * * *
    (i) ``Other Expenses'' do not include extraordinary expenses.
``Extraordinary expenses'' refers to expenses that are distinguished by
their unusual nature and by the infrequency of occurrence. Unusual
nature means the expense has a high degree of abnormality and is
clearly unrelated to, or only incidentally related to, the ordinary and
typical activities of the fund, taking into account the environment in
which the fund operates. Infrequency of occurrence means the expense is
not reasonably expected to recur in the foreseeable future, taking into
consideration the environment in which the fund operates. The
environment of a fund includes such factors as the characteristics of
the industry or industries in which it operates, the geographical
location of its operations, and the nature and extent of governmental
regulation. If extraordinary expenses were incurred that materially
affected the Registrant's ``Other Expenses,'' the Registrant should
disclose in the narrative following the table what the ``Other
Expenses'' would have been had extraordinary expenses been included.
* * * * *

Item 20. Management

* * * * *
    (m) Provide a brief statement disclosing whether the Registrant and
its investment adviser and principal underwriter have adopted codes of
ethics under Rule 17j-1 of the 1940 Act [17 CFR 270.17j-1] and whether
these codes of ethics permit personnel subject to the codes to invest
in securities, including securities that may be purchased or held by
the Registrant. Also explain in the statement that these codes of
ethics are available on the EDGAR Database on the Commission's internet
site at http://www.sec.gov, and that copies of these codes of ethics
may be obtained, after paying a duplicating fee, by electronic request
at the following Email address: [email protected].
* * * * *

Item 28. Financial Statements

    (a) * * *

Instructions

    (6) * * *
    (ii) a statement that: (A) the Registrant files its complete
schedule of portfolio holdings with the Commission for the first and
third quarters of each fiscal year on Form N-Q; (B) the Registrant's
Forms N-Q are available on the Commission's website at http://www.sec.gov; and (C) if the Registrant makes the information on Form N-
Q available to contractowners on its website or upon request, a
description of how the information may be obtained from the Registrant;
* * * * *

0
125. Amend Form N-4 (referenced in Sec. Sec.  239.17b and 274.11c) by
revising Item 1.(a)(v) and revising Instruction 17.(b) to Item 3(a) to
read as follows:

    Note: The text of Form N-4 does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM N-4

REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
* * * * *
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940
* * * * *

INFORMATION REQUIRED IN A PROSPECTUS

* * * * *

Item 1. Cover Page

    (a) * * *
    (v) a statement or statements that: (A) The prospectus sets forth
the information about the Registrant that a prospective investor ought
to know before investing; (B) the prospectus should be kept for future
reference; (C) additional information about the Registrant has been
filed with the Commission and is available upon written or oral request
without charge (This statement should explain how to obtain the
Statement of Additional Information, whether any of it has been
incorporated by reference into the prospectus, and where the table of
contents of the Statement of Additional Information appears in the
prospectus. If the Registrant intends to disseminate its prospectus
electronically, also include the information that the Commission
maintains a website (http://www.sec.gov) that contains the Statement of
Additional Information, material incorporated by reference, and other
information regarding registrants that file electronically with the
Commission.);
* * * * *

Item 3. Synopsis

* * * * *

Instructions

* * * * *
    17. * * *
    (b) ``Total Annual [Portfolio Company] Operating Expenses'' do not
include extraordinary expenses. ``Extraordinary expenses'' refers to
expenses that are distinguished by their unusual nature and by the
infrequency of occurrence. Unusual nature means the expense has a high
degree of abnormality and is clearly unrelated to, or only incidentally
related to, the ordinary and typical activities of the fund, taking
into account the environment in which the fund operates. Infrequency of
occurrence means the expense is not reasonably expected to recur in the
foreseeable future, taking into consideration the environment in which
the fund operates. The environment of a fund includes such factors as
the characteristics of the industry or industries in which it operates,
the geographical location of its operations, and the nature and extent
of governmental regulation. If extraordinary expenses were incurred by
any portfolio company that would, if included, materially affect the
minimum or maximum amounts shown in the table, disclose in a footnote
to the table what the minimum and maximum ``Total Annual [Portfolio
Company] Operating Expenses'' would have been had the extraordinary
expenses been included.
* * * * *

0
126. Amend Form N-6 (referenced in Sec. Sec.  239.17c and 274.11d) by
revising Item 1.(b)(3) and Instruction 4.(c) to Item 3 to read as
follows:

    Note: The text of Form N-6 does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM N-6

REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 [square]

* * * * *

REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940
[square]

* * * * *

PART A: INFORMATION REQUIRED IN A PROSPECTUS

* * * * *

Item 1. Front and Back Cover Pages

* * * * *
    (b) * * *
    (3) State that reports and other information about the Registrant
are available on the Commission's internet site at http://www.sec.gov.
* * * * *

Item 3. Risk/Benefit Summary: Fee Table

* * * * *
Instructions.
* * * * *
    4. * * *
    (c) ``Total Annual [Portfolio Company] Operating Expenses'' do not
include extraordinary expenses. ``Extraordinary expenses'' refers to
expenses that are distinguished by their unusual nature and by the
infrequency of occurrence. Unusual nature means the expense has a high
degree of abnormality and is clearly unrelated to, or only incidentally
related to, the ordinary and typical activities of the fund, taking
into account the environment in which the fund operates. Infrequency of
occurrence means the expense is not reasonably expected to recur in the
foreseeable future, taking into consideration the environment in which
the fund operates. The environment of a fund includes such factors as
the characteristics of the industry or industries in which it operates,
the geographical location of its operations, and the nature and extent
of governmental regulation. If extraordinary expenses were incurred by
any Portfolio Company that would, if included, materially affect the
minimum or maximum amounts shown in the table, disclose in a footnote
to the table what the minimum and maximum ``Total Annual [Portfolio
Company] Operating Expenses'' would have been had the extraordinary
expenses been included.
* * * * *

0
127. Amend Form N-8B-2 (referenced in Sec.  274.12) by revising Item
52.(e) to read as follows:

    Note: The text of Form N-8B-2 does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM N-8B-2

REGISTRATION STATEMENT OF UNIT INVESTMENT TRUSTS WHICH ARE CURRENTLY
ISSUING SECURITIES

* * * * *
VII
POLICY OF REGISTRANT
    52. * * *
    (e) Provide a brief statement disclosing whether the trust and its
principal underwriter have adopted codes of ethics under rule 17j-l of
the Act [17 CFR 270.l7j-l] and whether these codes of ethics permit
personnel subject to the codes to invest in securities, including
securities that may be purchased or held by the trust. Also explain
that these codes of ethics are available on the EDGAR Database on the
Commission's internet site at http://www.sec.gov, and that copies of
these codes of ethics may be obtained, after paying a duplicating fee,
by electronic request at the following Email address:
[email protected].
* * * * *

    By the Commission.

    Dated: August 17, 2018.
 Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-18142 Filed 10-3-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Proposed Rules]
[Pages 25405-25408]
[FR Doc No: 2018-11693]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0495; Product Identifier 2017-NM-089-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 777-200 and -300 series airplanes.
This proposed AD was prompted by reports of unreliable performance of
the water and fuel scavenge system; failure of the fuel scavenge
function can cause trapped fuel, resulting in unavailable fuel
reserves. This proposed AD would require incorporating operating
limitations, or modifying the water and fuel scavenge systems in the
fuel tanks and certain electrical panels. We are proposing this AD to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 16, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For Boeing service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
Boeing service information is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0495.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0495; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kevin Nguyen, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0495;
Product Identifier 2017-NM-089-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports of unreliable performance of the water and
fuel scavenge system; failure of the fuel scavenge function can cause
trapped fuel, resulting in unavailable fuel reserves. During flight,
any water in the fuel can sink to the bottom of the fuel tank. This
water can enter the fuel scavenge inlets and can then freeze as it
travels from the body center fuel tank into the colder fuel scavenge
tubes in the left and right cheek center fuel tanks (outboard of the
side of body ribs). The flow of scavenge fuel from the center fuel tank
to the main fuel tanks can then decrease or stop. When this occurs, as
much as 700 pounds of fuel can remain unavailable during flight. If the
fuel quantity decreases to the quantity of the unavailable fuel, then
fuel exhaustion will occur, which could lead to subsequent power loss
of all engines.

Related Rulemaking

    We issued AD 2002-16-15, Amendment 39-12854 (67 FR 54333, August
22, 2002), applicable to certain Boeing Model 777 series airplanes,
that requires modification of the supports for the wire bundles of the
fuel quantity indicator system (FQIS), and follow-on actions if
necessary. AD 2002-16-15 was issued to prevent chafing of the FQIS
wiring on surrounding structures and system, which could result in
exposure of the bare conductor in close proximity to structures or
other electrically conductive return paths, and potential electrical
arcing and explosion in the fuel tank in the event of an additional
wiring failure outside the fuel tank. Paragraph (a)(2) of AD 2002-16-15
requires modifying the supports for the FQIS wire bundles in the center
fuel tank (including installing spacers on the FQIS wiring support
brackets and standoffs, installing a clamp next to the grommet at each
tank unit, and replacing the clamp filler O-rings), in accordance with
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-28-0016, dated April 27, 2000.
    This proposed AD would require incorporating operating limitations,
or modifying the water and fuel scavenge systems in the fuel tanks and
certain electrical panels.

    Boeing Special Attention Service Bulletin 777-28-0082, Revision 1,
dated May 1, 2017, provides instructions to modify the fuel tanks
scavenge system. For airplanes identified as Groups 1 through 4 and 7
through 14 in Boeing Special Attention Service Bulletin 777-28-0082,
Revision 1, dated May 1, 2017, a minor adjustment to a certain FQIS
wire bundle routing to allow the installation of a new fuel scavenge
tube would need to be made. Although this minor adjustment is a
deviation from the wire routing layout required by paragraph (a)(2) of
AD 2002-16-15, the separation of the wire bundles from chafing and
rubbing against a new fuel scavenge inlet tube is maintained, which is
the safety objective of AD 2002-16-15.
    Because of the difference in the FQIS wire bundle routing required
in paragraph (a)(2) of AD 2002-16-15 and routing specified in paragraph
(h) of this proposed AD, we have determined that operators of airplanes
identified as Groups 1 through 4 and 7 through 14 in Boeing Special
Attention Service Bulletin 777-28-0082, Revision 1, dated May 1, 2017,
would need an alternative method of compliance (AMOC) to paragraph
(a)(2) of AD 2002-16-15. Therefore, paragraph (j)(5) of this proposed
AD specifies that accomplishment of the engine fuel feed system
modification specified in paragraph (h) of this proposed AD is
acceptable for compliance with the routing requirements of fuel
quantity indicating system wire bundle W8011 in the left side of the
body center fuel tank specified in paragraph (a)(2) of AD 2002-16-15.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 777-28-0082,
Revision 1, dated May 1, 2017. This service information describes
procedures for changing the water and fuel scavenge systems in the fuel
tanks on each side of the airplane. The FQIS wire bundle W8011
adjustment is intended to prevent the wire bundle from rubbing with a
new fuel scavenge inlet tube. Additionally, this service information
describes procedures for making electrical changes in the main
equipment center, including installing additional relays on the P301
and P302 panels, and making wiring changes. Also, this service
information describes procedures for installing new electrical load
management system 1 (ELMS1) software.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions
identified as ``RC'' (required for compliance) in Boeing Special
Attention Service Bulletin 777-28-0082, Revision 1, dated May 1, 2017,
except for any differences identified as exceptions in the regulatory
text of this proposed AD.
    For information on the procedures, see this service information at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2018-0495.

Costs of Compliance

    We estimate that this proposed AD affects 111 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Incorporation operating limitations.  1 work-hour x $85 per                $0              $85           $9,435
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Fuel system modification......................  207 work-hours x $85 per hour =          $85,572        $103,167
                                                 $17,595.
P110 and P210 panel changes...................  2 work-hours x $85 per hour =                  0             170
                                                 $170.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national

Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2018-0495; Product Identifier
2017-NM-089-AD.

(a) Comments Due Date

    We must receive comments by July 16, 2018.

(b) Affected ADs

    This AD affects AD 2002-16-15, Amendment 39-12854 (67 FR 54333,
August 22, 2002).

(c) Applicability

    This AD applies to The Boeing Company Model 777-200 and -300
series airplanes, certificated in any category, as identified in
Boeing Special Attention Service Bulletin 777-28-0082, Revision 1,
dated May 1, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of unreliable performance of the
water and fuel scavenge system; failure of the fuel scavenge
function can cause trapped fuel, resulting in unavailable fuel
reserves. We are issuing this AD to prevent loss of capability to
scavenge fuel in the center fuel tank, which could lead to fuel
exhaustion and subsequent power loss of all engines.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Revision to Operating Limitations

    Within 36 months after the effective date of this AD: Revise the
operating limitations in the documents specified in paragraphs
(g)(1) and (g)(2) of this AD to include the text in figure 1 to
paragraph (g) of this AD.
    (1) ``Fuel System--Loading'' section of the ``Certificate
Limitations'' section of the FAA-approved Boeing Model 777 Airplane
Flight Manual.
    (2) ``Loading Limitations'' section of the ``Fuel Loading
Procedures'' section of the ``Fuel Management'' section of the FAA-
approved Boeing Model 777 Weight and Balance Control and Loading
Manual.
[GRAPHIC] [TIFF OMITTED] TP01JN18.002

(h) Optional Terminating Action

    Modifying the fuel tank fuel and water scavenge systems,
modifying the fuel jettison system, making electrical changes in the
main equipment center, modifying the wiring in the ELMS P110 and 210
panels, and installing new electrical load management system 1
(ELMS1) software, by doing all applicable actions identified as
``RC'' (required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-28-0082, Revision 1, dated May 1, 2017, is an optional
terminating action to the requirements of paragraph (g) of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Boeing Special Attention Service
Bulletin 777-28-0082, dated May 26, 2016.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the ACO branch, send it to the attention of the person
identified in paragraph (k)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as RC, the provisions of paragraphs (j)(4)(i) and (j)(4)(ii) of this
AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
    (5) For airplanes in Groups 1 through 4, and 7 through 14, as
defined in Boeing Special Attention Service Bulletin 777-28-0082,
Revision 1, dated May 1, 2017: Accomplishment of the engine fuel
feed system modification specified in paragraph (h) of this AD is
acceptable for compliance with the routing requirements of fuel
quantity indicating system wire bundle W8011 in the left side of the
body center fuel tank specified of in paragraph (a)(2) of AD 2002-
16-15, provided all provisions of AD 2002-16-15 that are not
specifically

described in this paragraph remain fully applicable and are complied
with accordingly.

(k) Related Information

    (1) For more information about this AD, contact Kevin Nguyen,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3555; email: [email protected].
    (2) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on May 23, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-11693 Filed 5-31-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Notices]
[Page 48612]
[FR Doc No: 2019-19983]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9998-92-OMS]

Good Neighbor Environmental Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Public Federal Advisory Committee Teleconference.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, notice is hereby given that the Good Neighbor Environmental Board
(Board) will hold a public teleconference on September 19, 2019 from
12:00 p.m.-4:00 p.m. Eastern Daylight Time. Due to unforeseen
administrative circumstances, EPA is announcing this teleconference
with less than 15 calendar days' notice. For further information
regarding the teleconference and background materials, please contact
Ann-Marie Gantner at the number and email provided below.
    Background: The Good Neighbor Environmental Board is a federal
advisory committee chartered under the Federal Advisory Committee Act,
Public Law 92-463. By statute, the Board is required to submit an
annual report to the President on environmental and infrastructure
issues along the U.S. border with Mexico.
    Purpose of Meeting: The purpose of this teleconference is to
discuss and approve the Board's Nineteenth Report to the President,
which focuses on energy infrastructure along the U.S.-Mexico border.
    General Information: The agenda and teleconference materials, as
well as general information about the Board, can be found at http://www2.epa.gov/faca/gneb. If you wish to make oral comments or submit
written comments to the Board, please contact Ann-Marie Gantner at
least five days prior to the teleconference.
    Meeting Access: For information on access or services for
individuals with disabilities, please contact Ann-Marie Gantner at
(202) 564-4330 or email at<EMAIL_ADDRESS>To request
accommodation of a disability, please contact Ann-Marie Gantner at
least 10 days prior to the meeting to give EPA as much time as possible
to process your request.

    Dated: August 15, 2019.
Ann-Marie Gantner,
Program Analyst.
[FR Doc. 2019-19983 Filed 9-13-19; 8:45 am]
 BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on March 26, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-17387

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  POLYNESIAN LIMITED
                              Date Filed:  March 22, 2004

Relief requested:  Exemption from 49 U.S.C. section 40109(g) to permit
the applicant to carry persons, property and mail between Pago Pago,
American Samoa, and the Manu’a Islands, American Samoa, during the
period April 1, through June 25, 2004, using 18-seat Twin Otter
aircraft.  Polynesian asserts that the only carrier currently serving
the subject market is Inter Island Airways, and that this U.S. carrier
is preparing to suspend its inter-island flights on March 31, 2004.
Polynesian Limited notes that such cessation would leave American Samoa
without needed inter-island lift and that the Government of American
Samoa formally has requested it to resume operations in the subject
market to prevent residents from being left without inter-island air
service. 1/

Applicant representative:  Charles F. Donley II,<PHONE_NUMBER>        DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  Polynesian Limited served its application on
those U.S. carriers having the potential to conduct these intra-American
Samoa services.  After polling these carriers, the applicant advised us
that each carrier indicated that it did not have aircraft available to
conduct the proposed operation and that it had no comment or did not
oppose grant of the requested authority.

Statutory Standards:  Under 49 U.S.C. section 40109(g), we may authorize
a foreign air carrier to carry commercial traffic between U.S. points
(i.e., cabotage traffic) under limited circumstances.  Specifically, we
must find that the authority is required in the public interest; that
because of an emergency created by unusual circumstances not arising in
the normal course of business the traffic cannot be accommodated by U.S.
carriers holding certificates under 49 U.S.C. section 41102; that all
possible efforts have been made to place the traffic on U.S. carriers;
and that the transportation is necessary to avoid unreasonable hardship
to the traffic involved (an additional required finding, concerning
emergency transportation during labor disputes, was not relevant here).

        DISPOSITION

Action:  Approved in part, remainder deferred (see below).
                   Action date:  March 26, 2004

Basis for approval:  We are granting Polynesian Limited authority to
operate its proposed intra-American Samoa services, using 18-seat Twin
Otter equipment, for a period of 30 days, that is, April 1 through April
30, 2004, or until five days after we are notified that Inter Island
Airways resumes, or another U.S. carrier initiates, service in these
inter-island markets, whichever occurs first.  We are deferring action
on the remaining portion of Polynesian’s application, that is, to
continue this operation beyond April 30 through June 25, 2004.

1/  The Department previously granted Polynesian Limited exemption
authority to operate in this market.  See Docket OST-2003-16163 and
Docket OST-2003-16404

.

In acting favorably on this unopposed application for emergency cabotage
authority, we find that Polynesian Limited’s request met all the
relevant criteria of 49 U.S.C. section 40109(g) for the grant of an
exemption of this type and that such favorable action is required in the
public interest.

The effects of the March 31, 2004, suspension in service in the
inter-island American Samoa markets by Inter Island Airways, the only
U.S. carrier serving these markets, clearly constitute an emergency
created by unusual circumstances not arising in the normal course of
business. Also, the record in this case clearly indicates that no U.S.
carrier appears able at this time to provide the level of service
necessary to meet the needs of American Samoa, an isolated multi-island
community that is uniquely dependent on air transportation.  Further,
provision of the services that Polynesian Limited proposes clearly is
needed to prevent undue hardship to the residents of American Samoa.

Given these circumstances, we find that the standards for grant of
emergency cabotage authority have been met, and that grant of the
exemption requested by Polynesian Limited, for a maximum of 30 days,
with deferral on the remainder, is warranted.

As provided in 49 U.S.C. section 40109(g), we will review this exemption
near the end of this 30-day term to see if the unusual circumstances
that established the need for the exemption still exist, and will be
prepared to decide at that time whether the situation warrants extension
of this authority for an additional term.

Finally, we find that the applicant is qualified to perform its proposed
operation.

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions.

Action taken by:        Karan K. Bhatia

                                  Assistant Secretary

                    for Aviation and International Affairs

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Notices]
[Pages 38590-38592]
[FR Doc No: 2023-12621]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2023-0092]

Potential Research and Development Areas of Interest for the
Advanced Research Projects Agency--Infrastructure (ARPA-I); Request for
Information

AGENCY: Department of Transportation (DOT).

ACTION: Notice; request for information (RFI).

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SUMMARY: The Advanced Research Projects Agency--Infrastructure (ARPA-I)
is a newly-designated agency within the U.S. Department of
Transportation (DOT) that was authorized by the Infrastructure
Investment and Jobs Act of 2021 (IIJA) November 15, 2021 (also known as
the Bipartisan Infrastructure Law). ARPA-I was established by Congress
``to support the development of science and technology solutions that
overcomes long-term challenges and advances the state of the art for
United States transportation infrastructure.'' ARPA-I will have a
single overarching goal and focus: to fund external innovative advanced
research and development (R&D) programs that develop new technologies,
systems, and capabilities to improve transportation infrastructure in
the United States. The purpose of this Request for Information (RFI) is
to obtain input from interested parties on potential areas for future
innovative advanced research and development programs to be funded and
managed by ARPA-I, subject to the availability of appropriations.

DATES: Written submissions must be received within 45 days of the
publication of this RFI.

ADDRESSES: Please submit any written comments to Docket Number DOT-OST-
2023-0092 electronically through the Federal eRulemaking Portal at
https://regulations.gov. Go to https://regulations.gov and select
``Department of Transportation (DOT)'' from the agency menu to submit
or view public comments. Note that, except as provided below, all
submissions received, including any personal information provided, will
be posted without change and will be available to the public on https://www.regulations.gov. You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477) or at https://www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For questions about this RFI, please
email [email protected]. You may also contact Mr. Timothy A. Klein,
Director, Technology Policy and Outreach, Office of the Assistant
Secretary for Research and Technology<PHONE_NUMBER>) or by email at
[email protected].

SUPPLEMENTARY INFORMATION: The Advanced Research Projects Agency--
Infrastructure (ARPA-I) is a newly-designated agency within the U.S.
Department of Transportation (DOT) that was established by Congress
``to support the development of science and technology solutions that
overcomes long-term challenges and advances the state of the art for
United States transportation infrastructure.'' (Pub. L. 117-58, Section
25012, November 15, 2021; 49 U.S.C. 119). ARPA-I is modeled after the
Defense Advanced Research Projects Agency (DARPA) within the U.S.
Department of Defense, and ARPA-E (Energy) within the U.S. Department
of Energy. It will offer a once-in-a-generation opportunity to improve
our nation's transportation infrastructure, both physical and digital,
and will support DOT's strategic goals of Safety, Economic Strength and
Global Competitiveness, Equity, Climate and Sustainability, and
Transformation. ARPA-I will focus on developing and implementing
technologies, rather than developing policies and processes or
providing regulatory support. An ARPA-I funded technology should have a
clear pathway to commercialization and widespread cross-modal
deployment within 5-10 years, to have a substantial and transformative
beneficial impact on DOT's priorities. A typical ARPA-I program might
run for multiple years, have a significant budget, and include multiple
actively-managed R&D projects within that single program.
    ARPA-I will augment and complement existing R&D activities within
DOT's Office of the Assistant Secretary for Research and Technology
(OST-R) and DOT's Operating Administrations, and will not supplant or
duplicate those efforts. Those efforts

currently include the U.S. DOT Research, Development and Technology
(RD&T) Strategic Plan as well as the activities of the University
Transportation Centers (UTCs). ARPA-I will fund innovative teams of
researchers and developers that might include academic institutions,
innovators, industry, Federally funded research and development centers
(FFRDCs), infrastructure owners and operators (IOOs), and others. These
teams will be funded to develop commercializable technologies that
solve persistent problems in infrastructure design, development,
construction, and deployment.
    The aims of ARPA-I include ``lowering the long-term costs of
infrastructure development, including costs of planning, construction,
and maintenance; reducing the lifecycle impacts of transportation
infrastructure on the environment, including through the reduction of
greenhouse gas emissions; contributing significantly to improving the
safe, secure, and efficient movement of goods and people; promoting the
resilience of infrastructure from physical and cyber threats; and
ensuring that the United States is a global leader in developing and
deploying advanced transportation infrastructure technologies and
materials.'' (IIJA, 2021)

Specific Questions

    Responses to this RFI are intended to inform DOT on areas of focus
for future innovative R&D funding programs to be undertaken by ARPA-I.
    DOT is providing the following specific questions to prompt
feedback and comments. DOT encourages public comment on any of these
questions, and also seeks any other information commenters believe is
relevant.
    DOT is requesting information from all interested entities and
stakeholders, including innovators and technology developers,
researchers and universities, transportation system operators,
transportation-focused groups, organizations and associations, and the
public.
    DOT is interested in receiving succinct and relevant responses to
the following six questions:

Safety

    Improving the safety of our transportation system users is of
critical importance to achieving the objectives of the DOT's National
Roadway Safety Strategy (https://www.transportation.gov/NRSS) and DOT's
vision of zero fatalities and serious injuries across all modes of
transportation. There are many current and existing DOT safety R&D
efforts that span the full spectrum from roadway and intersection
design, active and passive vehicle safety systems, policy and
regulatory support, human factors and human behavior research, to
vulnerable road user safety improvements (such as the U.S. DOT
Intersection Safety Challenge), and more. Safety spans all
transportation modes and is an all-pervasive overarching goal at DOT. A
number of safety research programs are currently underway at DOT,
including the Federal Highway Administration (FHWA) Improving Highway
Safety for All Users Program Request for Information, the National
Highway Traffic Safety Administration (NHTSA) Vehicle Safety Research
Program, and many others. In this current RFI, DOT is seeking
information on additional, complementary, and supplemental program
areas that ARPA-I can address in developing innovative new
infrastructure technologies that enhance Safety across our
transportation system.
    Question 1: Are there new and emerging areas of innovation,
including external early-stage research and development, that ARPA-I
should contemplate funding as a part of its Safety area of
concentration, noting the agency's high-risk, high-reward focus? If
yes, what are these areas, and why should DOT consider funding them?

Advanced Construction Materials and Methods

    The development of advanced infrastructure construction materials
and methods, including for roads, highways, bridges, airports, ports,
railways, and pipelines, has long been a priority for DOT. There are
considerable efforts ongoing including at the Federal Aviation
Administration (FAA) and FHWA in the development of low embodied carbon
materials, new construction materials and new construction methods for
infrastructure. For example, these might include 3D concrete printing
of large structures such as bridges, culverts, and roadways, and
related advanced construction methods.
    Question 2: Are there new and emerging areas of innovation,
including external early-stage research and development, that ARPA-I
should contemplate funding as a part of its Advanced Construction
Materials and Methods area of concentration, noting the agency's high-
risk, high-reward focus? If yes, what are these areas, and why should
DOT consider funding them?

Digital Infrastructure

    Advances in digital infrastructure and digitalization abound. These
include (but are not limited to) new technologies for mapping, sensing,
connectivity and communications, networking, and computation.
Transportation infrastructure is one of the largest sectors of our
economy that has only begun to participate in the `digital revolution'
of information technology. The potential advantages of digitalization
are pervasive, from the development of advanced centralized traffic
management systems to advanced driver assistance systems (ADAS), GPS
(or GNSS) applications, machine vision and artificial intelligence.
There is a considerable body of work being conducted across DOT in
digital infrastructure, including at FHWA, FAA, the Intelligent
Transportation System Joint Program Office (ITS JPO), and the Highly
Automated Systems Safety Center of Excellence (HASS COE) within OST-R.
    Question 3: Are there new and emerging areas of innovation,
including external early-stage research and development, that ARPA-I
should contemplate funding as a part of its Digital Infrastructure area
of concentration, noting the agency's high-risk, high-reward focus? If
yes, what are these areas, and why should DOT consider funding them?

Freight and Logistics Optimization

    The seamless movement of freight across transportation modes is an
essential requirement for our economic health and well-being. The
COVID-19 pandemic exposed the vulnerability of our economy to
disruptions in freight and logistics operations, as part of the larger
breakdown in supply chains and their continuity. Increasing the
resilience of freight and goods movement across our nation is essential
to ensuring the uninterrupted flow of food, fuel, commodities, and
consumer and industrial products from source to destination. DOT
conducts research across all transportation modes in the area of
freight and logistics and has recently instituted the Office of
Multimodal Freight Infrastructure and Policy within the Office of the
Secretary (OST), as established by the IIJA, Section 21101 (49 U.S.C.
118).
    Question 4: Are there new and emerging areas of innovation,
including external early-stage research and development, that ARPA-I
should contemplate funding as a part of its Freight and Logistics
Optimization area of concentration, noting the agency's high-risk,
high-reward focus? If yes,

what are these areas, and why should DOT consider funding them?

Climate and Resilience

    Our transportation infrastructure is increasingly susceptible to
damage from climate-related events, from drought to floods to sea level
rise. Increasing the resilience of our infrastructure and mitigating
negative effects on our transportation system across all modes is an
imperative for DOT. Climate and resilience research is being conducted
across all transportation modes at DOT, including in the newly
reestablished DOT Climate Change Center, and includes the reduction of
greenhouse gas (GHG) emissions from transportation, the reduction of
embodied carbon in infrastructure materials, and increasing physical
and cyber resilience across the transportation system.
    Question 5: Are there new and emerging areas of innovation,
including external early-stage research and development, that ARPA-I
should contemplate funding as a part of its Climate and Resilience area
of concentration, noting the agency's high-risk, high-reward focus? If
yes, what are these areas, and why should DOT consider funding them?

Other Areas in Transportation Infrastructure

    DOT currently conducts a considerable amount of R&D work, both
internally and externally, in many areas pertinent to transportation
infrastructure.
    Question 6: Are there other new and emerging areas of innovation
associated with transportation infrastructure, including external
early-stage research and development, that ARPA-I should contemplate
funding, noting the agency's high-risk, high-reward focus? If yes, what
are these other areas, and why should DOT consider funding them?

Confidential Business Information

    Do not submit information disclosure of which is restricted by
statute, such as trade secrets and commercial or financial information
(hereinafter referred to as Confidential Business Information ``CBI'')
to Regulations.gov. Comments submitted through Regulations.gov cannot
be claimed as CBI. Comments received through the website will waive any
CBI claims for the information submitted.

    Issued in Washington, DC, on June 6, 2023.
Robert C. Hampshire,
Acting Assistant Secretary for Research and Technology.
[FR Doc. 2023-12621 Filed 6-12-23; 8:45 am]
BILLING CODE 4910-9X-P