[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Notices]
[Page 14444]
[FR Doc No: 2019-07140]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0029]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    Under part 235 of Title 49 of the Code of Federal Regulations (CFR)
and 49 U.S.C. 20502(a), this document provides the public notice that
by a document received March 27, 2019, Lake Superior and Ishpeming
Railroad (LSIR) petitioned the Federal Railroad Administration (FRA)
seeking approval to discontinue or modify a signal system. FRA assigned
the petition Docket Number FRA-2019-0029.
    Applicant: Lake Superior and Ishpeming Railroad, Mr. Jesse
Zimmerman, Supervisor Track, Structures, Signals, 311 M-35, Negaunee,
MI 49866.
    The LSIR requests approval to replace power-operated switches at
control point (CP) Empire Mine, Milepost (MP) Q70.78, and CP Tilden
Junction, MP Q71.23 on the Ore Subdivision, with hand-operated switches
lined and locked for Main Line movements. Two switch point indicators
will also be removed.
    LSIR states the reason for the proposed change is the idling of the
Empire Mine property that these switches serve. The Canadian National
(CN) was using these switches as they had been the main carrier
shipping out of the Empire Mine. Now that the Empire Mine is idled, CN
no longer enters the property through these switches.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by May 28, 2019 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public
to better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.regulations.gov/privacy. See
also http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Deputy Associate Administrator for Railroad Safety.
[FR Doc. 2019-07140 Filed 4-9-19; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Notices]
[Pages 12201-12202]
[FR Doc No: 2014-04688]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0222]

Agency Information Collection Activities: Proposed Collection;
Comment Request; User Fee Waivers, Reductions, and Refunds for Drug and
Biological Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on recommendations to applicants
considering whether to request a waiver or reduction in user fees.

DATES: Submit either electronic or written comments on the collection
of information by May 5, 2014.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane., Rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville,
MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

User Fee Waivers, Reductions, and Refunds for Drug and Biological
Products (OMB Control Number 0910-0693)--Extension

    The guidance provides recommendations for applicants planning to
request waivers or

reductions in user fees assessed under sections 735 and 736 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g and 21 U.S.C.
379h) (the FD&C Act). The guidance describes the types of waivers and
reductions permitted under the user fee provisions of the FD&C Act, and
the procedures for submitting requests for waivers or reductions. It
also includes recommendations for submitting information for requests
for reconsideration of denials of waiver or reduction requests, and for
requests for appeals. The guidance also provides clarification on
related issues such as user fee exemptions for orphan drugs.
    We estimate that the total annual number of waiver requests
submitted for all of these categories will be 120, submitted by 100
different sponsors. We estimate that the average burden hours for
preparation of a submission will total 16 hours. Because FDA may
request additional information from the applicant during the review
period, we have also included in this estimate time to prepare any
additional information.
    The reconsideration and appeal requests are not addressed in the
FD&C Act but are discussed in the guidance. We estimate that we will
receive 3 requests for reconsideration annually, and that the total
average burden hours for a reconsideration request will be 24 hours. We
estimate that we will receive 1 request annually for an appeal of a
user fee waiver determination, and that the time needed to prepare an
appeal would be approximately 12 hours. We have included in this
estimate both the time needed to prepare the request for appeal and the
time needed to create and send a copy of the request for an appeal to
the Associate Director for Policy at the Center for Drug Evaluation and
Research.
    The burden for filling out and submitting Form FDA 3397
(Prescription Drug User Fee Coversheet) has not been included in the
burden analysis, because that information collection is already
approved under OMB control number 0910-0297. The collections of
information associated with a new drug application or biologics license
application have been approved under OMB control numbers 0910-0001 and
0910-0338, respectively.
    We have included in the burden estimate the preparation and
submission of application fee waivers for small businesses, because
small businesses requesting a waiver must submit documentation to FDA
on the number of their employees and must include the information that
the application is the first human drug application, within the meaning
of the FD&C Act, to be submitted to the Agency for approval. Because
the Small Business Administration (SBA) makes the size determinations
for FDA, small businesses must also submit information to the SBA. The
submission of information to SBA is already approved under OMB control
number 3245-0101.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
    User fee waivers, reductions, and refunds for drug and          Number of       responses per     Total annual     Average  burden     Total hours
                      biological products                          respondents       respondent         responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
FD&C Act sections 735 and 736.................................              100               1.2               120                16             1,920
Reconsideration Requests......................................                3                 1                 3                24                72
Appeal Requests...............................................                1                 1                 1                12                12
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................  ................  ................  ................  ................            2,004
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Dated: February 26, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-04688 Filed 3-3-14; 8:45 am]
BILLING CODE 4160-01-P


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

General Comment:Adverse events associated with unblinded, but not with blinded, statin therapy in the Anglo-Scandinavian Cardiac Outcomes Trial—Lipid-Lowering Arm (ASCOT-LLA): a randomised double-blind placebo-controlled trial and its non-randomised non-blind extension phase.


[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Rules and Regulations]
[Page 16333]
[DOCID:fr01ap10-6]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0802; Airspace Docket No. 09-AGL-22]

Establishment of Class E Airspace; Kindred, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace for Kindred, ND to
accommodate Area Navigation (RNAV) Standard Instrument Approach
Procedures (SIAPs) at Hamry Field Airport, Kindred, ND. The FAA is
taking this action to enhance the safety and management of Instrument
Flight Rule (IFR) operations at the airport.

DATES:  Effective Date 0901 UTC, June 3, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On January 25, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to establish Class E airspace for
Kindred, ND, creating controlled airspace at Hamry Field Airport (75 FR
3880) Docket No. FAA-2009-0802. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9T
signed August 27, 2009, and effective September 15, 2009, which is
incorporated by reference in 14 CFR Part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class E airspace extending upward from 700 feet
above the surface to accommodate SIAPs at Hamry Field Airport, Kindred,
ND. This action is necessary for the safety and management of IFR
operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Hamry Field Airport, Kindred,
ND.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

AGL ND E5 Kindred, ND [New]

Hamry Field Airport, ND
    (Lat. 46[deg]38[min]55[sec] N., long. 96[deg]59[min]56[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Hamry Field Airport.

    Issued in Fort Worth, Texas, on March 16, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-6806 Filed 3-31-10; 8:45 am]
BILLING CODE 4910-13-P


From:
"Jones, DonnaLee"<EMAIL_ADDRESS>Sent:
Tue, 13 Sep 2022 11:31:37
To:
"Tunno; Brett J"<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Cc:
Raymond, Gabrielle<EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>Mcginn, Kevin<EMAIL_ADDRESS>Dzurinko, Mike G<EMAIL_ADDRESS>Subject:
RE: [External]-RE: U. S. Steel - Clairton Plant - Monitoring Plan Submission
Hi. Kevin and Ned have reviewed your plan and we want to make sure you address the usage of the three storage tanks located at 40.29599, -79.86915, e.g., to make sure any tanks excluded are no longer in use or not in organic service, including storage of light oil.

Please either amend your plan or let us know the status of these tanks.

Thank you.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711
Tele:<PHONE_NUMBER>
--------------------------------------------------------------------------------
Fax<PHONE_NUMBER>
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Tunno, Brett J<EMAIL_ADDRESS>Sent: Monday, September 12, 2022 4:35 PM
To: Jones, DonnaLee<EMAIL_ADDRESS><EMAIL_ADDRESS>Cc: GABRIELLE RAYMOND<EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>Mcginn, Kevin<EMAIL_ADDRESS>Dzurinko, Mike G<EMAIL_ADDRESS>Subject: RE: [External]-RE: U. S. Steel - Clairton Plant - Monitoring Plan Submission

Good afternoon Dr. Jones,

Attached is the revised monitoring plan for the U. S. Steel  -  Clairton Plant, as requested.

Have a nice evening,

Brett Tunno, DrPH, CPH
Environmental Affairs
United States Steel Corporation
Office:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>

From: Jones, DonnaLee<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Sent: Tuesday, August 30, 2022 1:53 PM
To: Tunno, Brett J<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Dzurinko, Mike G<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Cc: GABRIELLE RAYMOND<EMAIL_ADDRESS><EMAIL_ADDRESS>><EMAIL_ADDRESS><EMAIL_ADDRESS>; Shappley, Ned<EMAIL_ADDRESS><EMAIL_ADDRESS>>; Mcginn, Kevin<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Subject: [External]-RE: U. S. Steel - Clairton Plant - Monitoring Plan Submission

Hello Brett and Mike: Thank you for the submission of your QAPP in response to the 2022 Clean Air Act section 114 test request for the Coke Ovens RTR. We reviewed your submission and had the following comments and requests:

"The SODAR met station should be used for the testing. The interior sample locations are good, but the TO-15 upwind fenceline location should be moved to the same location as the TO-13 upwind site, which appears to be better sited for removing potential interferents. The usage status of the two storage tanks excluded from the fenceline perimeter should be confirmed to ensure their exclusion is appropriate."

Please submit a revised QAPP documents addressing these deficiencies by Monday, September 12, 2022 COB.

Thank you for your efforts wth this 114 request.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711
Tele:<PHONE_NUMBER>
--------------------------------------------------------------------------------
Fax<PHONE_NUMBER>
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Tunno, Brett J<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Sent: Tuesday, August 16, 2022 5:20 PM
To: Coke ICR2<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Cc: Dzurinko, Mike G<EMAIL_ADDRESS><EMAIL_ADDRESS>>
Subject: U. S. Steel - Clairton Plant - Monitoring Plan Submission

Good afternoon,

Attached is the proposed U. S. Steel  -  Clairton Plant Fugitive Monitoring Plan as required by the ICR.  Please reach out to Mike Dzurinko and me if you have any questions.

Thanks,

Brett Tunno, DrPH, CPH
Environmental Affairs
United States Steel Corporation
Office:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>


[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Notices]
[Page 71853]
[FR Doc No: 2012-29180]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68313; File Nos. SR-BATS-2012-039; SR-BX-2012-063; SR-
CBOE-2012-094; SR-NASDAQ-2012-109; SR-NYSE-2012-49; SR-NYSEArca-2012-
105; SR-NYSEMKT-2012-48]

Self-Regulatory Organizations; BATS Exchange, Inc.; NASDAQ OMX BX
Inc.; Chicago Board Options Exchange, Incorporated; The NASDAQ Stock
Market LLC; New York Stock Exchange LLC; NYSE Arca LLC; NYSE MKT, LLC;
Notice of Designation of Longer Period for Commission Action on
Proposed Rule Changes Relating to Adoption of Listing Standards for
Compensation Committees and Advisors as Required by Rule 10C-1

November 28, 2012.

I. Introduction

    On September 25, 2012, each of BATS Exchange, Inc. (``BATS''),
NASDAQ OMX BX, Inc. (``BX''), Chicago Board Options Exchange,
Incorporated (``CBOE''), The NASDAQ Stock Market LLC (``Nasdaq''), New
York Stock Exchange LLC (``NYSE''), NYSE Arca LLC (``NYSE Arca''), and
NYSE MKT LLC (``NYSE MKT'') (collectively ``Exchanges'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) \1\ of the Securities Exchange Act of 1934
(``Act''),\2\ and Rule 19b-4 thereunder,\3\ proposed rule changes to
amend certain of their respective rules relating to listing standards
for compensation committees and advisors. The proposed rule changes
were published for comment in the Federal Register on October 15,
2012.\4\ The Commission received fourteen comment letters on these
proposals in total. The Commission received six comment letters on the
NYSE proposed rule change,\5\ seven comment letters on the Nasdaq
proposed rule change,\6\ and one comment letter on the NYSE Arca
proposed rule change.\7\ The Commission received no other comment
letters for any of the other Exchanges' proposed rule changes.\8\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4
    \4\ See Securities Exchange Act Release Nos. 68022 (October 9,
2012), 77 FR 62572 (October 15, 2012) (SR-BATS-2012-039); 68018
(October 9, 2012), 77 FR 62547 (October 15, 2012) (SR-BX-2012-063);
68020 (October 9, 2012), 77 FR 62558 (October 15, 2012) (SR-CBOE-
2012-094); 68013 (October 9, 2012), 77 FR 62563 (October 15, 2012)
(SR-NASDAQ-2012-109); 68011 (October 9, 2012), 77 FR 62541 (October
15, 2012) (SR-NYSE-2012-49); 68006 (October 9, 2012), 77 FR 62587
(October 15, 2012) (SR-NYSEArca-2012-105); 68007 (October 9, 2012),
77 FR 62576 (October 15, 2012) (SR-NYSEMKT-2012-48).
    \5\ See Letter from Thomas R. Moore, Vice President, Corporate
Secretary and Chief Governance Officer, Ameriprise Financial, Inc.
to Elizabeth M. Murphy, Secretary, Commission, dated October 18,
2012; Letter from J. Robert Brown, Jr., Director, Corporate &
Commercial Law Program, University of Denver Sturm College of Law to
Elizabeth M. Murphy, Secretary, Commission, dated October 30, 2012;
Letter from Dorothy Donohue, Deputy General Counsel, Securities
Regulation, Investment Company Institute to Elizabeth M. Murphy,
Secretary, Commission, dated November 1, 2012; Letter from Brandon
J. Rees, Acting Director, Office of Investment, AFL-CIO to Elizabeth
M. Murphy, Secretary, Commission, dated November 5, 2012; Letter
from Carin Zelenko, Director, Capital Strategies Department,
International Brotherhood of Teamsters to Elizabeth M. Murphy,
Secretary, Commission, dated November 5, 2012; and Letter from
Wilson Sonsini Doorich & Rosati, P.C. to Elizabeth M. Murphy,
Secretary, Commission, dated November 14, 2012.
    \6\ See Letter from J. Robert Brown, Jr., Director, Corporate &
Commercial Law Program, University of Denver Sturm College of Law to
Elizabeth M. Murphy, Secretary, Commission, dated October 30, 2012;
Letter from Dorothy Donohue, Deputy General Counsel, Securities
Regulation, Investment Company Institute to Elizabeth M. Murphy,
Secretary, Commission, dated November 1, 2012; Letter from Jeff
Mahoney, General Counsel, Council of Institutional Investors to
Elizabeth M. Murphy, Secretary, Commission, dated November 1, 2012;
Letter from Harold R. Carpenter, CFO, Pinnacle Financial Partners to
Elizabeth M. Murphy, Secretary, Commission, dated November 5, 2012;
Letter from Brandon J. Rees, Acting Director, Office of Investment,
AFL-CIO to Elizabeth M. Murphy, Secretary, Commission, dated
November 5, 2012; Letter from Carin Zelenko, Director, Capital
Strategies Department, International Brotherhood of Teamsters to
Elizabeth M. Murphy, Secretary, Commission, dated November 5, 2012;
and Letter from Wilson Sonsini Doorich & Rosati, P.C. (``WSDR'') to
Elizabeth M. Murphy, Secretary, Commission, dated November 14, 2012.
    \7\ Letter from Jeff Mahoney, General Counsel, Council of
Institutional Investors to Elizabeth M. Murphy, Secretary,
Commission, dated November 1, 2012.
    \8\ The Commission notes, however, that these comment letters
apply to all of the other Exchanges' proposed rule changes, where
applicable. The Commission also notes that it has designated a
longer time period for Commission consideration of similar proposed
rule changes for Chicago Stock Exchange, Inc., and National Stock
Exchange, Inc. See Securities Exchange Act Release Nos. 68311
(November 28, 2012) and 68312 (November 28, 2012), respectively.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \9\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether these proposed rule changes should be disapproved.
The 45th day from the publication of notice of filing of these proposed
rule changes is November 29, 2012. The Commission is extending the 45-
day time period for Commission action on these proposed rule changes.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on these proposed rule changes so that it
has sufficient time to consider these proposed rule changes, which
would revise the rules relating to compensation committee and
compensation advisor requirements, and to consider the comment letters
that have been submitted in connection with them.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\10\ designates January 13, 2013, as the date by which the
Commission should either approve or disapprove or institute proceedings
to determine whether to disapprove these proposed rule changes.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29180 Filed 12-3-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 11, 2009 (Volume 74, Number 175)]
[Notices]
[Page 46807-46811]
[DOCID:fr11se09-88]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28897; File No. 812-13630]

Alpine Global Dynamic Dividend Fund, et al.; Notice of
Application

September 4, 2009.
AGENCY: Securities and Exchange Commission (``Commission'').

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

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

SUMMARY OF APPLICATION:  Applicants request an order to permit certain
registered closed-end investment companies to make periodic
distributions of long-term capital gains with respect to their
outstanding common shares as frequently as twelve times each year, and
as frequently as distributions are specified by or in accordance with
the terms of any outstanding preferred shares that such investment
companies may issue.

APPLICANTS:  Alpine Global Dynamic Dividend Fund (``AGD''), Alpine
Total Dynamic Dividend Fund (``AOD''), Alpine Global Premier Properties
Fund (``AWP'') and Alpine Woods Capital Investors, LLC (the
``Investment Adviser'').

DATES: Filing Dates:
    The application was filed on February 4, 2009 and amended on July
31, 2009 and September 1, 2009.

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 September 29, 2009, and should be accompanied by proof
of service on applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Hearing requests should state the nature of
the writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants, 2500 Westchester
Avenue, Suite 215, Purchase, New York 10577.

FOR FURTHER INFORMATION CONTACT: Jill Ehrlich, Attorney Adviser, at
(202) 551-6819, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

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

Applicants' Representations

    1. AGD, AOD and AWP, each a Delaware statutory trust, are closed-
end management investment companies, registered under the Act.\1\ The
common shares of AGD, AOD and AWP are listed on the New York Stock
Exchange. Applicants believe that the shareholders of each Fund are
generally conservative, dividend-sensitive investors who desire current
income periodically and may favor a fixed distribution policy. Although
AGD, AOD and AWP have no current intention to do so, each is authorized
to issue preferred shares.
---------------------------------------------------------------------------

    \1\ AGD, AOD and AWP are the only closed-end investment
companies that currently intend to rely on the order. Applicants
request that the order also apply to each registered closed-end
investment company that in the future: (a) Is advised by the
Investment Adviser (including any successor in interest) or by any
entity controlling, controlled by, or under common control (within
the meaning of section 2(a)(9) of the Act) with the Investment
Adviser; and (b) complies with the terms and conditions of the
application (collectively with AGD, AOD and AWP, ``Funds''). A
successor in interest is limited to entities that result from a
reorganization into another jurisdiction or a change in the type of
business organization.
---------------------------------------------------------------------------

    2. The Investment Adviser is a Delaware limited liability company
registered under the Investment Advisers Act of 1940 (``Advisers
Act''). The Investment Adviser serves as investment adviser to AGD, AOD
and AWP and is responsible for their overall management. Each Fund will
be advised by an investment adviser that is registered under the
Advisers Act.
    3. Applicants state that, prior to the organizational meeting of
each of AGD, AOD and AWP, held on June 23, 2006, December 18, 2006 and
March 12, 2007, respectively, the board of trustees (the ``Board'') of
each of AGD, AOD and AWP, including a majority of the members who are
not ``interested persons'' of each Fund as defined in section 2(a)(19)
of the Act (the ``Independent Trustees''), reviewed information
regarding the purpose and terms of the proposed distribution policy,
the likely effects of such policy on each Fund's long-term total return
(in relation to market price and net asset value (``NAV'') per share),
the relationship between each Fund's distribution rate on its common
shares under the policy and such Fund's total return (in relation to
NAV per share). Applicants state that the Independent Trustees also
considered what conflicts of interest the Investment Adviser, the
affiliated persons of the Investment Adviser and each Fund might have
with respect to the adoption or implementation of the proposed periodic
distribution policy. Applicants further state that, after considering
such information, the Board, including the Independent Trustees, of
each of AGD, AOD and AWP approved the proposed periodic distribution
policy with respect to such Fund's common shares (the ``Plan'') and
determined that the Plan is consistent with such Fund's investment
objectives and in the best interests of such Fund's common
shareholders. Prior to implementing the Plan, the Board of each of AGD,
AOD and AWP, including the Independent Trustees, will review the
factors considered in connection with its approval of the Plan, as well
as any changes in such factors since the date of its approval, and will
confirm that the Plan is consistent with the Fund's investment
objectives and policies and in the best interests of such Fund's common
shareholders.
    4. Applicants state that the purpose of the Plan of each of AGD,
AOD and AWP is to permit such Fund to distribute over the course of
each year, through monthly distributions as nearly equal as practicable
and any required special distributions, an amount closely approximating
the total taxable income of such Fund during such year and, if so
determined by its Board, all or a portion of the returns of capital
paid by portfolio securities to such Fund during such year. Applicants
represent that, in accordance with the Plan of each Fund, the Fund
would distribute to its common shareholders a fixed monthly amount, but
reserves the right to distribute an amount equal to a fixed percentage
of the market price or of the NAV per share of the Fund's common shares
at a particular point in time, any of which may be adjusted from time
to time. Applicants state that, under each Plan, the minimum annual
distribution rate with respect to such Fund's common shares would be
independent of the Fund's performance during any particular period, but
would be expected to correlate with the Fund's performance over time.
Applicants explain that, except for extraordinary distributions and
potential increases or decreases in the final dividend periods in light
of the Fund's performance for the entire calendar year and to enable
the Fund to comply with the distribution requirements of subchapter M
of the Internal Revenue Code of 1986 (``Code'') for the calendar year,
each distribution on the common shares would be at the stated rate then
in effect.
    5. Applicants state that at the meeting held on September 22, 2008,
each Board adopted policies and procedures under rule 38a-1 that are
reasonably designed to ensure that all notices required to be sent to
the Fund's shareholders pursuant to section 19(a) of the Act, rule 19a-
1 thereunder and condition 4 below (each a ``19(a) Notice'') include
the disclosure required by rule 19a-1 and by condition 2(a) below, and
that all other written communications by AGD, AOD or AWP or its agents
regarding distributions under the Plan include the disclosure required
by condition 3(a) below. Applicants state that each Board also adopted
policies and procedures that require each Fund to keep records that
demonstrate its compliance with all of the conditions of the order and
that are necessary for such Fund to form the basis for, or demonstrate
the calculation of, the amounts disclosed in its 19(a) Notices.

Applicants' Legal Analysis

    1. Section 19(b) generally makes it unlawful for any registered
investment company to make long-term capital gains distributions more
than once each year. Rule 19b-1 limits the number of capital gains
dividends, as defined in section 852(b)(3)(C) of the Code
(``distributions''), that a fund may make with respect to any one
taxable year to one, plus a supplemental ``clean up'' distribution made
pursuant to section 855 of the Code not exceeding 10% of the aggregate
amount distributed for the year, plus one additional capital gain
dividend made in whole or in part to

avoid the excise tax under section 4982 of the Code.
    2. Section 6(c) provides that the Commission may, by order upon
application, conditionally or unconditionally exempt any person,
security, or transaction, or any class or classes of persons,
securities or transactions, from any provision of the Act, if and to
the extent that the exemption is necessary or appropriate in the public
interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
    3. Applicants state that one of the concerns leading to the
enactment of section 19(b) and adoption of rule 19b-1 was that
shareholders might be unable to distinguish between frequent
distributions of capital gains and dividends from investment income.
Applicants state, however, that rule 19a-1 effectively addresses this
concern by requiring that a separate statement showing the sources of a
distribution (e.g., estimated net income, net short-term capital gains,
net long-term capital gains and/or return of capital) accompany any
distributions (or the confirmation of the reinvestment of
distributions) estimated to be sourced in part from capital gains or
capital. Applicants state that the same information is included in each
Fund's annual report to shareholders and on its IRS Form 1099-DIV,
which is sent to each common and preferred shareholder, if preferred
shares are issued by one or more Funds, who received distributions
during a particular year (including shareholders who have sold shares
during the year).
    4. Applicants further state that each of AGD, AOD and AWP will make
the additional disclosures required by the conditions set forth below,
and each of them has adopted compliance policies and procedures in
accordance with rule 38a-1 under the Act to ensure that all required
notices and disclosures are sent to shareholders. Applicants argue that
rule 19a-1, the Plans, the Funds' compliance policies and the
conditions listed below ensure that each Fund's shareholders would be
provided sufficient information to understand that their periodic
distributions are not tied to the Fund's net investment income (which
for this purpose is the Fund's taxable income other than from capital
gains) and realized capital gains to date, and may not represent yield
or investment return. Applicants also state that compliance with the
Funds' compliance procedures and condition 3 set forth below will
ensure that prospective shareholders and third parties are provided
with the same information. Accordingly, applicants assert that
continuing to subject the Funds to section 19(b) and rule 19b-1 would
afford shareholders no additional protection.
    5. Applicants note that section 19(b) and rule 19b-1 also were
intended to prevent improper fund share sales practices, including, in
particular, the practice of urging an investor to purchase shares of a
fund on the basis of an upcoming capital gains dividend (``selling the
dividend''), where the dividend would result in an immediate
corresponding reduction in NAV and would be in effect a taxable return
of the investor's capital. Applicants assert that the ``selling the
dividend'' concern should not apply to closed-end investment companies,
such as the Funds, which do not continuously distribute shares.
According to applicants, if the underlying concern extends to secondary
market purchases of shares of closed-end funds that are subject to a
large upcoming capital gains dividend, adoption of a periodic
distribution plan actually helps minimize the concern by avoiding,
through monthly distributions, any buildup of large end-of-the-year
distributions.
    6. Applicants also note that common shares of closed-end funds that
invest primarily in equity securities often trade in the marketplace at
a discount to their NAVs. Applicants believe that this discount may be
reduced if the Funds are permitted to pay relatively frequent dividends
on their common shares at a consistent rate, whether or not those
dividends contain an element of capital gain.
    7. Applicants assert that the application of rule 19b-1 to the
Plans actually could have inappropriate influence on portfolio
management decisions. Applicants state that, in the absence of an
exemption from rule 19b-1, the adoption of a periodic distribution plan
imposes pressure on management (i) not to realize any net long-term
capital gains until the point in the year that the Fund can pay all of
its remaining distributions in accordance with rule 19b-1 and (ii) not
to realize any long-term capital gains during any particular year in
excess of the amount of the aggregate pay-out for the year (since as a
practical matter excess gains must be distributed and accordingly would
not be available to satisfy pay-out requirements in following years),
notwithstanding that purely investment considerations might favor
realization of long-term gains at different times or in different
amounts. Applicants thus assert that the limitation on the number of
capital gain dividends that a Fund may make with respect to any one
year, may prevent the normal and efficient operation of a periodic
distribution plan whenever that Fund's realized net long-term capital
gains in any year exceed the total of the monthly distributions that
may include such capital gains under the rule.
    8. Applicants also assert that rule 19b-1 may force the fixed
regular periodic distributions to be funded with returns of capital \2\
(to the extent net investment income and realized short term capital
gains are insufficient to fund the distribution), even though realized
net long-term capital gains otherwise would be available. To distribute
all of a Fund's long-term capital gains within the limits in rule 19b-
1, a Fund may be required to make total distributions in excess of the
annual amount called for by its periodic distribution plan or to retain
and pay taxes on the excess amount. Applicants thus assert that the
requested order would minimize these anomalous effects of rule 19b-1 by
enabling the Funds to realize long-term capital gains as often as
investment considerations dictate without fear of violating rule 19b-1.
---------------------------------------------------------------------------

    \2\ Returns of capital as used in the application means return
of capital for financial accounting purposes and not for tax
accounting purposes.
---------------------------------------------------------------------------

    9. Applicants state that Revenue Ruling 89-81 under the Code
requires that a fund that has both common shares and preferred shares
outstanding designate the types of income, e.g., investment income and
capital gains, in the same proportion as the total distributions
distributed to each class for the tax year. To satisfy the
proportionate designation requirements of Revenue Ruling 89-81,
whenever a fund has realized a long-term capital gain with respect to a
given tax year, the fund must designate the required proportionate
share of such capital gain to be included in common and preferred stock
dividends. Applicants state that although rule 19b-1 allows a fund some
flexibility with respect to the frequency of capital gains
distributions, a fund might use all of the exceptions available under
the rule for a tax year and still need to distribute additional capital
gains allocated to the preferred stock to comply with Revenue Ruling
89-81.
    10. Applicants assert that the potential abuses addressed by
section 19(b) and rule 19b-1 do not arise with respect to preferred
shares issued by a closed-end fund. Applicants assert that such
distributions are either fixed or are determined in periodic auctions
by reference to short-term interest rates rather than by reference to
performance

of the issuer, and Revenue Ruling 89-81 determines the proportion of
such distributions that are comprised of the long-term capital gains.
    11. Applicants also submit that the ``selling the dividend''
concern is not applicable to preferred shares, which entitle a holder
to no more than a periodic dividend at a fixed rate or the rate
determined by the market, and, like debt securities, are priced based
upon their liquidation value, dividend rate, credit quality, and
frequency of payment. Applicants state that investors buy preferred
shares for the purpose of receiving payments at the frequency bargained
for and do not expect the liquidation value of their shares to change.
    12. Applicants request an order pursuant to section 6(c) of the Act
granting an exemption from section 19(b) of the Act and rule 19b-1
thereunder to permit each Fund to make periodic capital gain dividends
(as defined in section 852(b)(3)(C) of the Code) as often as monthly in
any one taxable year in respect of its common shares and as often as
specified by or determined in accordance with the terms thereof in
respect of the Fund's preferred shares.\3\
---------------------------------------------------------------------------

    \3\ In order to rely on the order, a future Fund must satisfy
each of the foregoing representations except that such
representations will be made in respect of actions by the Board of
such future Fund and will be made at a future time.
---------------------------------------------------------------------------

Applicants' Conditions

    Applicants agree that any order of the Commission granting the
requested relief will be subject to the following conditions:

1. Compliance Review and Reporting

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

2. Disclosures to Fund Shareholders

    (a) Each 19(a) Notice disseminated to the holders of each Fund's
common shares, in addition to the information required by section 19(a)
and rule 19a-l:
    (i) Will provide, in a tabular or graphical format:
    (1) The amount of the distribution, on a per share basis, together
with the amounts of such distribution amount, on a per share basis and
as a percentage of such distribution amount, from estimated: (A) Net
investment income; (B) net realized short-term capital gains; (C) net
realized long-term capital gains; and (D) return of capital or other
capital source;
    (2) The fiscal year-to-date cumulative amount of distributions, on
a per share basis, together with the amounts of such cumulative amount,
on a per share basis and as a percentage of such cumulative amount of
distributions, from estimated: (A) Net investment income; (B) net
realized short-term capital gains; (C) net realized long-term capital
gains; and (D) return of capital or other capital source;
    (3) The average annual total return in relation to the change in
NAV per share for the 5-year period (or, if the Fund's history of
operations is less than five years, the time period commencing
immediately following the Fund's first public offering) ending on the
last day of the month ended immediately prior to the most recent
distribution record date compared to the current fiscal period's
annualized distribution rate expressed as a percentage of NAV as of the
last day of the month prior to the most recent distribution record
date; and
    (4) The cumulative total return in relation to the change in NAV
from the last completed fiscal year to the last day of the month prior
to the most recent distribution record date compared to the fiscal
year-to-date cumulative distribution rate expressed as a percentage of
NAV as of the last day of the month prior to the most recent
distribution record date.
    Such disclosure shall be made in a type size at least as large and
as prominent as the estimate of the sources of the current
distribution; and
    (ii) Will include the following disclosure:
    (1) ``You should not draw any conclusions about the Fund's
investment performance from the amount of this distribution or from the
terms of the Fund's Plan'';
    (2) ``The Fund estimates that it has distributed more than its
income and net realized capital gains; therefore, a portion of your
distribution may be a return of capital. A return of capital may occur,
for example, when some or all of the money that you invested in the
Fund is paid back to you. A return of capital distribution does not
necessarily reflect the Fund's investment performance and should not be
confused with `yield' or `income' '' \4\ and
---------------------------------------------------------------------------

    \4\ The disclosure in this condition 2(a)(ii)(2) will be
included only if the current distribution or the fiscal year-to-date
cumulative distributions are estimated to include a return of
capital.
---------------------------------------------------------------------------

    (3) ``The amounts and sources of distributions reported in this
19(a) Notice are only estimates and are not being provided for tax
reporting purposes. The actual amounts and sources of the amounts for
tax reporting purposes will depend upon the Fund's investment
experience during the remainder of its fiscal year and may be subject
to changes based on tax regulations. The Fund will send you a Form 1099
DIV for the calendar year that will tell you how to report these
distributions for Federal income tax purposes.''
    Such disclosure shall be made in a type size at least as large as
and as prominent as any other information in the 19(a) Notice and
placed on the same page in close proximity to the amount and the
sources of the distribution;
    (b) On the inside front cover of each report to shareholders under
rule 30e-1 under the Act, the Fund will:
    (i) Describe the terms of the Plan (including the fixed amount or
fixed percentage of the distributions and the frequency of the
distributions);
    (ii) Include the disclosure required by condition 2(a)(ii)(1)
above;
    (iii) State, if applicable, that the Plan provides that the Board
may amend or terminate the Plan at any time without prior notice to
Fund shareholders; and
    (iv) Describe any reasonably foreseeable circumstances that might
cause the Fund to terminate the Plan and any reasonably foreseeable
consequences of such termination.
    (c) Each report provided to shareholders under rule 30e-1 under the
Act and each prospectus filed with the Commission on Form N-2 under the
Act, will provide the Fund's total return in relation to changes in NAV
in the financial highlights table and in any discussion about the
Fund's total return.

3. Disclosure to Common Shareholders, Prospective Common Shareholders
and Third Parties

    (a) Each Fund will include the information contained in the
relevant 19(a) Notice, including the disclosure required by condition
2(a)(ii) above, in any written communication (other than a
communication on Form 1099) about the Plan or distributions under the
Plan by the Fund, or agents that the Fund has authorized to make such
communication on the Fund's behalf, to any Fund common shareholder,

prospective common shareholder or third-party information provider;
    (b) Each Fund will issue, contemporaneously with the issuance of
any 19(a) Notice, a press release containing the information in the
19(a) Notice and file with the Commission the information contained in
such 19(a) Notice, including the disclosure required by condition
2(a)(ii) above, as an exhibit to its next filed Form N-CSR; and
    (c) Each Fund will post prominently a statement on its (or the
Investment Adviser's) Web site containing the information in each 19(a)
Notice, including the disclosure required by condition 2(a)(ii) above,
and will maintain such information on such Web site for at least 24
months.

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

    If a broker, dealer, bank or other person (``financial
intermediary'') holds common shares issued by a Fund in nominee name,
or otherwise, on behalf of a beneficial owner, the Fund: (a) Will
request that the financial intermediary, or its agent, forward the
19(a) Notice to all beneficial owners of the Fund's shares held through
such financial intermediary; (b) will provide, in a timely manner, to
the financial intermediary, or its agent, enough copies of the 19(a)
Notice assembled in the form and at the place that the financial
intermediary, or its agent, reasonably requests to facilitate the
financial intermediary's sending of the 19(a) Notice to each beneficial
owner of the Fund's shares; and (c) upon the request of any financial
intermediary, or its agent, that receives copies of the 19(a) Notice,
will pay the financial intermediary, or its agent, the reasonable
expenses of sending the 19(a) Notice to such beneficial owners.

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

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

6. Public Offerings

    A Fund will not make a public offering of the Fund's common shares
other than:
    (a) A rights offering below NAV to holders of the Fund's common
shares;
    (b) An offering in connection with a dividend reinvestment plan
merger, consolidation, acquisition, spin off or reorganization of the
Fund; or
    (c) An offering other than an offering described in conditions 6(a)
and 6(b) above, provided that, with respect to such other offering:
    (i) The Fund's annualized distribution rate for the six months
ending on the last day of the month ended immediately prior to the most
recent distribution record date,\5\ expressed as a percentage of NAV
per share as of such date, is no more than 1 percentage point greater
than the Fund's average annual total return for the 5-year period
ending on such date; \6\ and
---------------------------------------------------------------------------

    \5\ If the Fund has been in operation fewer than six months, the
measured period will begin immediately following the Fund's first
public offering.
    \6\ If the Fund has been in operation fewer than five years, the
measured period will begin immediately following the Fund's first
public offering.
---------------------------------------------------------------------------

    (ii) The transmittal letter accompanying any registration statement
filed with the Commission in connection with such offering discloses
that the Fund has received an order under section 19(b) to permit it to
make periodic distributions of long-term capital gains with respect to
its common stock as frequently as twelve times each year, and as
frequently as distributions are specified by or determined in
accordance with the terms of any outstanding preferred shares as such
Fund may issue.

7. Amendments to Rule 19b-1

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

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21923 Filed 9-10-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Notices]
[Pages 58808-58810]
[FR Doc No: 2017-26933]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0279]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Prescription Drug Marketing Act of 1987;
Administrative Procedures, Policies, and Requirements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection in the
regulations on the Prescription Drug Marketing Act of 1987;
Administrative Procedures, Policies, and Requirements.

DATES: Submit either electronic or written comments on the collection
of information by February 12, 2018.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must

be submitted on or before February 12, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of February 12, 2018. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2011-N-0279 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Prescription Drug Marketing Act
of 1987; Administrative Procedures, Policies, and Requirements.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

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

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Prescription Drug Marketing Act of 1987--Administrative Procedures,
Policies, and Requirements

OMB Control Number 0910-0435--Extension

    This information collection supports FDA regulations. Specifically,
regulations codified at 21 CFR part 203 implement the Prescription Drug
Marketing Act of 1987 (PDMA). The PDMA was intended to ensure safe and
effective drug products and to avoid an unacceptable risk that
counterfeit, adulterated, misbranded, subpotent, or expired drugs are
sold to consumers. The reporting and recordkeeping requirements found
in the regulations are intended to help achieve the following goals:
(1) To ban the reimportation of prescription drugs produced in the
United States, except when reimported by the manufacturer or under FDA
authorization for emergency medical care; (2) to ban the sale,
purchase, or trade, or the offer to sell, purchase, or trade, of any
prescription drug sample; (3) to limit the distribution of drug samples
to practitioners licensed or authorized to prescribe such drugs or to
pharmacies of

hospitals or other healthcare entities at the request of a licensed or
authorized practitioner; (4) to require licensed or authorized
practitioners to request prescription drug samples in writing; (5) to
mandate storage, handling, and recordkeeping requirements for
prescription drug samples; (6) to prohibit, with certain exceptions,
the sale, purchase, or trade, or the offer to sell, purchase, or trade,
of prescription drugs that were purchased by hospitals or other
healthcare entities or that were donated or supplied at a reduced price
to a charitable organization; and (7) to require unauthorized wholesale
distributors to provide, prior to the wholesale distribution of a
prescription drug to another wholesale distributor or retail pharmacy,
a statement identifying each prior sale, purchase, or trade of the
drug. In the tables below we have listed specific regulatory provisions
that include information collection.
    We estimate the burden of the information collection as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                                                Average
                                     Number of       Number of     Total annual     burden per
     21 CFR section/activity        respondents    responses per     responses     response  (in    Total hours
                                                    respondent                        hours)
----------------------------------------------------------------------------------------------------------------
203.11--Reimportation...........               1               1               1             0.5               1
203.30(a)(1) and (b)--Drug                61,961              12         743,532            0.06          44,612
 sample requests................
203.30(a)(3), (a)(4), and (c)--           61,961              12         743,532            0.06          44,612
 Drug sample receipts...........
203.31(a)(1) and (b)--Drug               232,355             135      31,367,925            0.04       1,254,717
 sample requests................
203.31(a)(3), (a)(4), and (c)--          232,355             135      31,367,925            0.03         941,038
 Drug sample receipts...........
203.37(a)--Falsification of                   50               4             200            0.25              50
 records........................
203.37(b)--Loss or theft of                   50              40           2,000            0.25             500
 samples........................
203.37(c)--Convictions..........               1               1               1               1               1
203.37(d)--Contact person.......              50               1              50            0.08               4
203.39(g)--Reconciliation report               1               1               1               1               1
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............       2,285,536
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                                                Average burden
                                     Number of       Number of     Total annual         per
     21 CFR section/activity       recordkeepers    records per       records      recordkeeping    Total hours
                                                   recordkeeper                     (in hours)
----------------------------------------------------------------------------------------------------------------
203.23(a) and (b)--Returned               31,676               5         158,380            0.25          39,595
 drugs..........................
203.23(c)--Returned drugs                 31,676               5         158,380            0.08          12,670
 documentation..................
203.30(a)(2) and 203.31(a)(2)--            2,208             100         220,800             0.5         110,400
 Practitioner verification......
203.31(d)(1) and (d)(2)--                  2,208               1           2,208              40          88,320
 Inventory record and
 reconciliation report..........
203.31(d)(4)--Investigation of               442               1             442              24          10,608
 discrepancies and losses.......
203.31(e)--Representatives lists           2,208               1           2,208               1           2,208
203.34--Administrative systems..              90               1              90              40           3,600
203.37(a)--Falsification of drug              50               4             200               6           1,200
 sample records.................
203.37(b)--Loss or theft of drug              50              40           2,000               6          12,000
 samples........................
203.39(d)--Destroyed or returned              65               1              65               1              65
 drug samples...................
203.39(e)--Donated drug samples.           3,221               1           3,221             0.5           1,611
203.39(f)--Distribution of                 3,221               1           3,221               8          25,768
 donated drug samples...........
203.39(g)--Drug samples donated            3,221               1           3,221               8          25,768
 to charitable institutions.....
203.50(a)--Drug origin statement             125             100          12,500            0.17           2,125
203.50(b)--Drug origin statement             125             100          12,500             0.5           6,250
 retention......................
203.50(d)--Authorized                        691               1             691               2           1,382
 distributors of record.........
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         343,570
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on a review of the information collection, we have retained
the currently approved estimated burden.

    Dated: December 8, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-26933 Filed 12-13-17; 8:45 am]
 BILLING CODE 4164-01-P