[Federal Register: May 1, 2007 (Volume 72, Number 83)]
[Proposed Rules]
[Page 23778-23779]
[DOCID:fr01my07-16]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket Nos. RM05-10-000 and AD04-13-000]

Imbalance Provisions for Intermittent Resources; Assessing the
State of Wind Energy in Wholesale Electricity Markets

Issued April 25, 2007.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Withdrawal of notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission is withdrawing its
proposal to amend its regulations to require public utilities to append
to their open access transmission tariffs (OATTs) an intermittent
generator imbalance service schedule in light of the imbalance-related
reforms adopted in Order No. 890, 72 FR 12266 (Mar. 15, 2007).

DATES: The notice of proposed rulemaking published on April 14, 2005,
at 70 FR 21349, is withdrawn as of May 1, 2007.

FOR FURTHER INFORMATION CONTACT:

W. Mason Emnett (Legal Information), Office of the General Counsel--
Energy Markets, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426,<PHONE_NUMBER>.
Daniel Hedberg (Technical Information), Office of Energy Markets and
Reliability, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly,
Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.

Withdrawal of Notice of Proposed Rulemaking

    1. On April 14, 2005, the Commission issued a Notice of Proposed
Rulemaking (NOPR) in this proceeding.\1\ For the reasons set forth
below, we are withdrawing the NOPR and terminating this rulemaking.
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    \1\ Imbalance Provisions for Intermittent Resources Assessing
the State of Wind Energy in Wholesale Electricity Markets, Notice of
Proposed Rulemaking, 70 FR 21349 (Apr. 26, 2005), FERC Stats. &
Regs. ] 32,581 (2005).
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    2. In the NOPR, the Commission proposed to clarify and amend
imbalance-related provisions in the pro forma Open Access Transmission
Tariff (OATT) as applied to intermittent resources.\2\ The Commission
concluded that, although the number of intermittent resources had grown
since the adoption of the pro forma OATT in Order No. 888,\3\ such
resources were historically hesitant to take service under the pro
forma OATT, thereby accessing broader markets, due to the application
of imbalance provisions that were designed to apply to resources with
the ability to control fuel input and thus schedule their energy with
precision. The Commission concluded that the imbalance provisions of
the Order No. 888 pro forma OATT may no longer be just, reasonable or
not unduly discriminatory or preferential as applied to intermittent
resources that by nature are weather-driven.\4\ The Commission
therefore proposed to establish a standard schedule under the pro forma
OATT to address generator imbalances solely for intermittent resources
and sought comment on issues related to that proposal.
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    \2\ For purposes of the NOPR, an intermittent resource was
defined as an electric generator that is not dispatchable and cannot
store its fuel source and therefore cannot respond to changes in
system demand or respond to transmission security constraints.
    \3\ Promoting Wholesale Competition Through Open Access Non-
discriminatory Transmission Services by Public Utilities and
Recovery of Stranded Costs by Public Utilities and Transmitting
Utilities, Order No. 888, 61 FR 21,540 (May 10, 1996), FERC Stats. &
Regs. ] 31,036 (1996), order on reh'g, Order No. 888-A, 62 FR 12,274
(March 14, 1997), FERC Stats. & Regs. ] 31,048 (1997), order on
reh'g, Order No. 888-B, 81 FERC ] 61,248 (1997), order on reh'g,
Order No. 888-C, 82 FERC ] 61,046 (1998), aff'd in relevant part,
remanded in part on other grounds sub nom. Transmission Access
Policy Study Group, et al. v. FERC, 225 F.3d 667 (D.C. Cir. 2000),
aff'd sub nom. New York v. FERC, 535 U.S. 1 (2002).
    \4\ The Commission began exploring these issues at a technical
conference held on December 1, 2004, in Denver, Colorado in Docket
No. AD04-13-000. Other transmission-related issues regarding wind
energy were also discussed at the technical conference and in post-
technical conference comments, such as the interconnection process,
credits for transmission upgrades, and adoption of a conditional
firm transmission product. These issues were not addressed in the
NOPR, which was limited to the imbalance provisions of the pro forma
OATT as they relate to intermittent resources.
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    3. Since issuance of the NOPR, the Commission has completed its
OATT reform rulemaking in Docket Nos. RM05-25-000, et al., issuing
Order No. 890 on February 16, 2007.\5\ Among other things, Order No.
890 adopted a new Schedule 9 to govern generator imbalances. Under
Schedule 9, imbalance charges ``must be based on incremental cost or
some multiple therefore'' and ``must provide an incentive for accurate
scheduling, such as by increasing the percentage of the adder above
(and below) incremental cost as the deviation becomes larger.'' \6\ Of
particular relevance to this proceeding, the Commission also required
that imbalance provisions ``account for the special circumstances
presented by intermittent generators and their limited ability to
precisely forecast or control generation levels, such as waiving the
more punitive adders associated with higher deviations.'' \7\
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    \5\ See Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, 72 FR 12266 (March 15, 2007),
FERC Stats. & Regs. ] 31,241 (2007), reh'g pending.
    \6\ Order No. 890 at P 663.
    \7\ Id. The Commission also adopted a standard definition of
intermittent resource that is identical to that proposed in this
proceeding. See Id. at P 666.
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    4. As a result of the imbalance-related reforms adopted in Order
No. 890, and in particular the requirement that generator imbalance
provisions in each transmission provider's OATT take into account an
intermittent resources' limited ability to forecast or control
generation levels, the Commission concludes that it is no longer
necessary to address the NOPR proposal to add to the pro forma OATT a
generator imbalance schedule solely for intermittent resources. The
reforms adopted in Order No. 890 adequately ensure that the imbalance
provisions of the pro forma OATT will not result in service to
intermittent resources that is unjust, unreasonable, or unduly
discriminatory or preferential.
    5. The Commission therefore withdraws the NOPR and terminates this
rulemaking proceeding.
    The Commission orders:
    Docket No. RM05-10-000 is hereby terminated.

    By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E7-8236 Filed 4-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28898-28899]
[FR Doc No: 2013-11622]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 303; SEC File No. 270-450, OMB Control No. 3235-0505.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and
Exchange Commission (``Commission'') is soliciting comments on the
existing collection of information provided for in Rule 303 (17 CFR
242.303) of Regulation ATS (17 CFR 242.300 et seq.) under the
Securities and Exchange Act of 1934 (``Act'') (15 U.S.C. 78a et seq.).
The Commission plans to submit this existing collection of information
to the Office of Management and Budget (``OMB'') for extension and
approval.
    Regulation ATS sets forth a regulatory regime for ``alternative
trading systems'' (``ATSs''), which are entities that carry out
exchange functions but which are not required to register as national
securities exchanges under the Act. In lieu of exchange registration,
an ATS can instead opt to register with the Commission as a broker-
dealer and, as a condition to not having to register as an exchange,
must instead comply with Regulation ATS. Rule 303 of Regulation ATS (17
CFR 242.303) describes the record preservation requirements for ATSs.
Rule 303 also describes how such records must be maintained, what
entities may perform this function, and how long records must be
preserved.
    Under Rule 303, ATSs are required to preserve all records made
pursuant to Rule 302, which includes information relating to
subscribers, trading summaries, and time-sequenced order information.
Rule 303 also requires ATSs to preserve any notices provided to
subscribers, including, but not limited to, notices regarding the ATSs
operations and subscriber access. For an ATS subject to the fair access
requirements described in Rule 301(b)(5)(ii) of Regulation ATS, Rule
303 further requires the ATS to preserve at least one copy of its
standards for access to trading, all documents relevant to the ATS's
decision to grant, deny, or limit access to any person, and all other
documents made or received by the ATS in the course of complying with
Rule 301(b)(5) of Regulation ATS. For an ATS subject to the capacity,
integrity, and security requirements for automated systems under Rule
301(b)(6) of Regulation ATS, Rule 303 requires an ATS to preserve all
documents made or received by the ATS related to its compliance,
including all correspondence, memoranda, papers, books, notices,
accounts, reports, test scripts, test results, and other similar
records. As provided in Rule 303(a)(1), ATSs are required to keep all
of these records, as applicable, for a period of at least three years,
the first two in an easily accessible place. In addition, Rule 303
requires ATSs to preserve records of partnership articles, articles of
incorporation or charter, minute books, stock certificate books, copies
of reports filed pursuant to Rule 301(b)(2), and records made pursuant
to Rule 301(b)(5) for the life of the ATS.
    The information contained in the records required to be preserved
by Rule 303 will be used by examiners and other representatives of the
Commission, state securities regulatory authorities, and the self-
regulatory organizations to ensure that ATSs are in compliance with
Regulation ATS as well as other applicable rules and regulations.
Without the data required by the Rule, regulators would be limited in
their ability to comply with their statutory obligations, provide for
the protection of investors, and promote the maintenance of fair and
orderly markets.
    Respondents consist of ATSs that choose to register as broker-
dealers and comply with the requirements of Regulation ATS. There are
currently 92 respondents. To comply with the record preservation
requirements of Rule 303, these respondents will spend approximately
1,380 hours per year (92 respondents at 15 burden hours/respondent). At
an average cost per burden hour of $104.20, the resultant total related
cost of compliance for these respondents is $143,796 per year (1,380
burden hours multiplied by $104.20/hour).
    Written comments are invited on (a) Whether the proposed collection
of information is necessary for the proper performance of the functions
of the Commission, including whether the information shall have
practical utility; (b) the accuracy of the Commission's estimates of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an
email to<EMAIL_ADDRESS>

    Dated: May 10, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-11622 Filed 5-15-13; 8:45 am]
BILLING CODE 8011-01-P


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

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes.  I began using e-cigarettes in march 2013 after being a 12yr pack a day smoker.  Within 1 week I had better sense of smell, and taste.  I felt healthier because I had more energy, and no more smokers cough (escpecially in the mornings).  Also I was rewarded with more stamina and ability to breathe better. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request.


[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Notices]
[Pages 13965-13966]
[FR Doc No: 2021-05015]

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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket ID Number DOT-OST-2014-0031]

Agency Information Collection: Activity Under OMB Review: Report
of Financial and Operating Statistics for Large Certificated Air
Carriers

AGENCY: Office of the Assistant Secretary for Research and Technology
(OST-R), Bureau of Transportation Statistics (BTS), DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public
Law 104-13, the Bureau of Transportation Statistics invites the general
public, industry and other governmental parties to comment on the
continuing need for and usefulness of BTS collecting financial data
from large certificated air carriers. Large certificated air carriers
are carriers that operate aircraft with 61 seats or more, aircraft with
18,001 pounds of payload capacity or more, or operate international air
services.

DATES: Written comments should be submitted by May 10, 2021.
    Comments: Comments should identify the associated OMB approval
#2138-0013 and Docket ID Number DOT-OST-2014-0031. Persons wishing the
Department to acknowledge receipt of their comments must submit with
those comments a self-addressed stamped postcard on which the following
statement is made: Comments on OMB #2138-0013, Docket--DOT-OST-2014-
0031. The postcard will be date/time stamped and returned.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
DOT-OST-2014-0031 by any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
    Mail: Docket Services: U.S. Department of Transportation, 1200 New
Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington,
DC 20590-0001.
    Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
    Fax:<PHONE_NUMBER>.
    Instructions: Identify docket number, DOT-OST-2014-0031, at the
beginning of your comments, and send two copies. To receive
confirmation that DOT received your comments, include a self-

addressed stamped postcard. Internet users may access all comments
received by DOT at http://www.regulations.gov. All comments are posted
electronically without change or edits, including any personal
information provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.

Electronic Access

    You may access comments received for this notice at http://www.regulations.gov, by searching docket DOT-OST-2014-0031.

FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline
Information, RTS-42, Room E34, OST-R, BTS, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, Telephone Number<PHONE_NUMBER>, Fax Number
(202) 366-3383 or EMAIL<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Approval No.: 2138-0013.
    Title: Report of Financial and Operating Statistics for Large
Certificated Air Carriers.
    Form No.: BTS Form 41.
    Type Of Review: Extension of a currently approved collection.
    Respondents: Large certificated air carriers.
    Number of Respondents: 60.
    Estimated Time per Response: 4 hours per schedule, an average
carrier may submit 90 schedules in one year.
    Total Annual Burden: 13,910 hours.
    Needs and Uses: Program uses for Form 41 data are as follows:

Mail Rates

    The Department of Transportation sets and updates the international
and mainline Alaska mail rates based on carrier aircraft operating
expense, traffic and operational data. Form 41 cost data, especially
fuel costs, terminal expenses, and line haul expenses are used in
arriving at rate levels. DOT revises the established rates based on the
percentage of unit cost changes in the carriers' operations. These
updating procedures have resulted in the carriers receiving rates of
compensation that more closely parallel their costs of providing mail
service and contribute to the carriers' economic well-being.

Submission of U.S. Carrier Data to ICAO

    As a party to the Convention on International Civil Aviation, the
United States is obligated to provide the International Civil Aviation
Organization with financial and statistical data on operations of U.S.
air carriers. Over 99 percent of the data filed with ICAO is extracted
from the carriers' Form 41 reports.

Carrier Fitness

    Fitness determinations are made for both new entrants and
established U.S. domestic carriers proposing a substantial change in
operations. A portion of these applications consists of an operating
plan for the first year (14 CFR part 204) and an associated projection
of revenues and expenses. The carrier's operating costs, included in
these projections, are compared against the cost data in Form 41 for a
carrier or carriers with the same aircraft type and similar operating
characteristics. Such a review validates the reasonableness of the
carrier's operating plan.
    Form 41 reports, particularly balance sheet reports and cash flow
statements play a major role in the identification of vulnerable
carriers. Data comparisons are made between current and past periods in
order to assess the current financial position of the carrier.
Financial trend lines are extended into the future to analyze the
continued viability of the carrier. DOT reviews three areas of a
carrier's operation: (1) The qualifications of its management team, (2)
its disposition to comply with laws and regulations, and (3) its
financial posture. DOT must determine whether or not a carrier has
sufficient financial resources to conduct its operations without
imposing undue risk on the traveling public. Moreover, once a carrier
is operating, DOT is required to monitor its continuing fitness.
    Senior DOT officials must be kept fully informed as to all current
and developing economic issues affecting the airline industry. In
preparing financial conditions reports or status reports on a
particular airline, financial and traffic data are analyzed. Briefing
papers may use the same information.
    The Confidential Information Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501 note), requires a statistical agency to
clearly identify information it collects for non-statistical purposes.
BTS hereby notifies the respondents and the public that BTS uses the
information it collects under this OMB approval for non-statistical
purposes including, but not limited to, publication of both
Respondent's identity and its data, submission of the information to
agencies outside BTS for review, analysis and possible use in
regulatory and other administrative matters.

    Issued in Washington, DC, on March 1, 2021.
William Chadwick, Jr.,
Director, Office of Airline Information, Bureau of Transportation
Statistics.
[FR Doc. 2021-05015 Filed 3-10-21; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Page 54139]
[FR Doc No: 2019-22103]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-23-000]

DTE Atlantic, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
DTE Atlantic, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 23, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: October 3, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-22103 Filed 10-8-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Pages 61822-61824]
[FR Doc No: 2015-26108]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-3399]

Recommendations for Microbial Vectors Used for Gene Therapy;
Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft document entitled ``Recommendations for
Microbial Vectors Used for Gene Therapy; Draft Guidance for Industry.''
The draft guidance provides investigational new drug application (IND)
sponsors, with recommendations concerning IND submissions for microbial
vectors used for gene therapy (MVGTs) in early-phase clinical trials.
MVGTs meet the regulatory definition of

``biological product'', when such products are applicable to the
prevention, treatment, or cure of a disease or condition of human
beings. The draft guidance focuses on the chemistry, manufacturing, and
control (CMC) information that sponsors should submit in an IND for
MVGTs and provides an overview of preclinical and clinical
considerations for these products. The draft guidance, when finalized,
will supplement the guidance entitled, ``Guidance for FDA Reviewers and
Sponsors: Content and Review of Chemistry, Manufacturing, and Control
(CMC) Information for Human Gene Therapy Investigational New Drug
Applications (INDs),'' dated April 2008 (April 2008 Guidance).

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by December 14, 2015.

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-D-3399 for ``Recommendations for Microbial Vectors Used for
Gene Therapy; Draft Guidance for Industry.'' 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.
    Submit written requests for single copies of the draft guidance to
the Office of Communication, Outreach and Development, Center for
Biologics Evaluation and Research (CBER), Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-
0002. Send one self-addressed adhesive label to assist the office in
processing your requests. The draft guidance may also be obtained by
mail by calling CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for electronic access to the draft
guidance document.

FOR FURTHER INFORMATION CONTACT: Paul E. Levine, Jr., Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, rm. 7301, Silver Spring, MD 20993-0002,
240-402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft document entitled,
``Recommendations for Microbial Vectors Used for Gene Therapy; Draft
Guidance for Industry.'' The draft guidance provides IND sponsors, with
recommendations concerning IND submissions for MVGTs in early-phase
clinical trials. MVGTs meet the definition of ``biological product'' in
section 351(i) of the Public Health Service Act (42 U.S.C. 262), when
such products are applicable to the prevention, treatment, or cure of a
disease or condition of human beings. MVGTs include bacterial vectors
such as Salmonella, Listeria, or E. coli genetically modified to
express human tumor antigens, cytokines, growth factors, enzymes,
therapeutic proteins, or nucleotides. MVGTs may also be generated by
the modification (deletion, truncation, or point mutation) of
chromosomal or episomal genes and by the insertion of foreign genetic
material into the chromosome, or into naturally occurring episomes; or
by the introduction of one or more plasmids. The MVGTs may consist of
microbes that are either live, replication restricted (division under
specific growth conditions), capable of limited or no cell divisions,
or killed, or a combination of these forms. The guidance focuses on the
CMC information that sponsors should submit in an IND for MVGTs and
provides an overview of preclinical and clinical considerations for
these products.

    In the Federal Register of April 10, 2008 (73 FR 19511), FDA
announced the availability of the April 2008 Guidance. In that
guidance, FDA provided sponsors of a human gene therapy IND, including
those with combination products that contain a human gene therapy
biological product with a drug or device as part of the final product,
with recommendations on CMC information that is to be included in an
original IND. That guidance also provided instruction to FDA CMC
reviewers about the information to record and assess as part of an IND
review. The draft guidance, when finalized, will supplement the April
2008 Guidance.
    The draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent FDA's current thinking on recommendations for
MVGTs. It does not establish any rights for or on any person and does
not operate to bind FDA or the public. An alternative approach may be
used if such approach satisfies the requirement of the applicable
statutes and regulations.

II. Paperwork Reduction Act of 1995

    The draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR parts 211, 610, and 312 have been
approved under OMB control numbers 0910-0139 and 0910-0114,
respectively.

III. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: October 7, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-26108 Filed 10-13-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Notices]
[Page 10574]
[FR Doc No: 2017-02954]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-45-000]

Southern Star Central Gas Pipeline, Inc.; Notice of Request Under
Blanket Authorization

    Take notice that on February 2, 2017, Southern Star Central Gas
Pipeline, Inc. (Southern Star), 4700 Highway 56, Owensboro, Kentucky
42301, filed a prior notice application pursuant to sections 157.205,
and 157.216(b) of the Federal Energy Regulatory Commission's
(Commission) regulations under the Natural Gas Act (NGA), and Southern
Star's blanket certificate issued in Docket No. CP82-479-000. Southern
Star requests authorization to abandon a 310 horsepower compressor unit
at its South Welda Compressor Station located in Anderson County,
Kansas, all as more fully set forth in the application, which is open
to the public for inspection. The filing may also be viewed on the web
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this application should be directed to
Ronnie C. Hensley II Manager, Regulatory Compliance, Southern Star
Central Gas Pipeline, Inc., 4700 Highway 56, Owensboro, Kentucky 42301
or phone<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to Section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenter will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.

    Dated: February 7, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-02954 Filed 2-13-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Notices]
[Pages 32255-32257]
[FR Doc No: 2011-13776]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64563; File No. SR-Phlx-2011-70]

 Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
the Functionality of NASDAQ OMX PSX's Post-Only Order

May 27, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 19, 2011, NASDAQ OMX PHLX LLC (the ``Exchange'' or ``PHLX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange is filing this proposed rule change to modify the
functionality of the Post-Only Order on NASDAQ OMX PSX (``PSX''). PHLX
proposes to implement the rule change thirty days after the date of
filing or as soon thereafter as practicable. The text of the proposed
rule change is available at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/Filings/, at PHLX's principal office, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the

places specified in Item IV below. The Exchange has prepared summaries,
set forth in Sections A, B, and C below, of the most significant
aspects of such statements.

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

1. Purpose
    PHLX proposes to modify the functionality associated with its
existing Post-Only Order on PSX. Currently, if a Post-Only Order would
lock an order on PSX at the time of entry, the order is re-priced and
displayed by the System to one minimum price increment (i.e., $0.01 or
$0.0001) below the current low offer (for bids) or above the current
best bid (for offers). Thus, if the best bid and best offer on the PSX
book were $10.00 x $10.05, and a market participant entered a Post-Only
Order to buy at $10.05, the order would be re-priced and displayed at
$10.04. This aspect of the functionality of the order is not changing.
In addition, if a Post-Only Order would cross an order on the System,
the order will be repriced as described above unless the value of price
improvement associated with executing against a resting order equals or
exceeds the sum of fees charged for such execution and the value of any
rebate that would be provided if the order posted to the book and
subsequently provided liquidity, in which case the order will execute.
As provided by Rule 3307, price improvement accrues to the party
entering the order. Thus, if a sell order is on the book at $10 and a
Post-Only Order to buy at $10.01 is entered, the order will execute at
$10. This aspect of the order's functionality is also not changing.\3\
---------------------------------------------------------------------------

    \3\ The functionality was described in the original filing to
establish a Post-Only Order on The NASDAQ Stock Market LLC
(``NASDAQ'') but was not fully reflected in the text of NASDAQ Rule
4751. See Securities Exchange Act Release No. 59392 (February 11,
2009), 74 FR 7943 (February 20, 2009) (SR-NASDAQ-2009-006).
Subsequently, PHLX adopted identical rule text when it established
PSX as its new facility for trading cash equity securities.
Securities Exchange Act Release No. 62877 (September 9, 2010), 75 FR
56633 (September 16, 2010) (SR-PHLX-2010-79). Accordingly, the rule
is being amended to provide a complete description of the order's
current behavior when crossing an existing order on the System. PHLX
also notes that NASDAQ has filed an identical proposed rule change
to modify its Post-Only Order. See SR-NASDAQ-2011-070 (May 19,
2011).
---------------------------------------------------------------------------

    At present, however, the order is repriced in a similar manner if
the order would lock or cross a protected quotation of another market
center. Thus, if the national best offer of $10.05 is being displayed
on another market center but not on PSX, at present an order to buy at
$10.05 would be repriced and displayed at $10.04. Under the changed
functionality that PHLX is proposing, if the order locks or crosses the
other market center, the order will be accepted at the locking price
(i.e., the current low offer (for bids) or to the current best bid (for
offers)) and displayed by the System to one minimum price increment
(i.e., $0.01 or $0.0001) below the current low offer (for bids) or
above the current best bid (for offers). Thus, if the national best bid
and offer, as displayed on another market center, was $10 x $10.05, an
order to buy at $10.05 or higher would be accepted at the locking price
of $10.05, but would be displayed at $10.04. Subsequently, an incoming
order to sell at $10.05 or lower would be matched against the Post-Only
buy order. In this case, the incoming sell order would receive price
improvement.
    As a result of the change, the order will resemble more closely
PSX's Price to Comply order, which uses a similar logic of retaining a
locking price but displaying at a non-locking price. The modified Post-
Only Order will serve to allow the market participant entering the
order to post its order at its desired price, unless the price would
lock or cross the PSX book, in which case the order will execute or be
repriced, as is currently the case, to avoid the internal lock/cross.
The revised order type is designed to provide market participants with
better control over their execution costs and to provide them with a
means to offer price improvement opportunities to other market
participants.
2. Statutory Basis
    PHLX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\4\ in general, and with Section
6(b)(5) of the Act,\5\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. PHLX also believes that the
modified order is consistent with Rule 610(d) under Regulation NMS.\6\
Rule 610(d) requires exchanges to establish, maintain, and enforce
rules that require members reasonably to avoid ``[d]isplaying
quotations that lock or cross any protected quotation in an NMS
stock.'' Such rules must be ``reasonably designed to assure the
reconciliation of locked or crossed quotations in an NMS stock,'' and
must ``prohibit * * * members from engaging in a pattern or practice of
displaying quotations that lock or cross any quotation in an NMS
stock.'' Rule 600 under Regulation NMS \7\ defines a ``quotation'' as a
``bid or offer,'' and in turn defines ``bid or offer'' to mean ``the
bid price or the offer price communicated by a member * * * to any
broker or dealer, or to any customer, at which it is willing to buy or
sell one or more round lots of an NMS security * * *.'' Thus, the
hidden price of the Post-Only Order is not a quotation under Regulation
NMS, and is therefore covered neither by the provisions of Rule 610
pertaining to displayed quotations nor by the provision requiring rules
to assure reconciliation of locked or crossed quotations. In this
respect, the order is similar to PSX's existing Price to Comply order,
which uses a hidden locking price and a displayed non-locking price to
ensure compliance with this rule. It is also similar to the Post Only
Order of the BATS Exchange and the BATS-Y Exchange, as described in
BATS Exchange Rule 11.9(c)(4) and (6) and BATS-Y Exchange Rule
11.9(c)(4) and (6), and the Post Only Order of the EDGA Exchange and
EDGX Exchange, as described in EDGA Exchange Rule 11.5(c)(4) and (5)
and EDGX Exchange Rule 11.5(c)(4) and (5).
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ 17 CFR 242.610(d).
    \7\ 17 CFR 242.600.
---------------------------------------------------------------------------

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

    PHLX 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. Rather, the change
will promote greater competition by allowing PHLX to adopt
functionality already in use at competing national securities
exchanges.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
---------------------------------------------------------------------------

    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 change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-70 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-Phlx-2011-70. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website 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-
Phlx-2011-70, and should be submitted on or before June 24, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-13776 Filed 6-2-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Notices]
[Pages 21428-21432]
[FR Doc No: 2013-08317]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30447; File No. 812-14034]

Royce Focus Trust, Inc., et al.; Notice of Application

April 4, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an 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.

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

    Applicants: Royce Focus Trust, Inc. (``RFT''), Royce Value Trust,
Inc. (``RVT''), Royce Micro-Cap Trust, Inc. (``RMT'') and Royce &
Associates, LLC (``R&A'').
    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 stock as frequently as monthly in any one taxable
year, and as frequently as distributions are specified by or in
accordance with the terms of any outstanding preferred stock that such
investment companies may issue. The requested order would supersede a
prior order (``Prior Order'').\1\
---------------------------------------------------------------------------

    \1\ Royce Global Trust, Inc., et al., Investment Company Act
Release Nos. 22665 (May 16, 1997) (notice) and 22704 (Jun. 11, 1997)
(Prior Order).

DATES: Filing Dates: The application was filed on May 22, 2012 and
amended on March 6, 2013.
    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 April 29, 2013 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: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-1090; Applicants,
Frank P. Bruno, Esq., Sidley Austin LLP, 787 Seventh Avenue, New York,
New York 10019-6018.

FOR FURTHER INFORMATION CONTACT: Laura J. Riegel, Senior Counsel, at
(202) 551-6873, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Exemptive Applications Office).

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

Applicants' Representations

    1. RFT, RMT, and RVT (the ``Current Funds'') are Maryland
corporations registered under the Act as closed-end management
investment companies.\2\ RFT's investment goal is long-term capital
growth, which it seeks to achieve by investing in equity securities and
non-convertible fixed income securities. Shares of the common stock of
RFT are listed and traded on the NASDAQ Global Select Market. RMT's
investment goal is long-term capital growth, which it seeks to achieve
by investing in equity securities of micro-cap companies. Shares of
RMT's common stock are listed and traded on the New York Stock
Exchange. RVT's investment goal is long-term capital growth, which it
seeks to achieve by investing in the equity securities of small-and
micro-cap companies that are believed to be trading significantly below
their current worth. Shares of the common stock of RVT are listed and
traded on the New York Stock Exchange. Each Current Fund had issued
preferred stock all of which was redeemed on November 15, 2012.
Applicants believe that investors in closed-end funds may prefer an
investment vehicle that provides regular current income through fixed
distribution policies that would be available through a Distribution
Policy (as defined below).
---------------------------------------------------------------------------

    \2\ All exiting registered closed-end investment companies that
currently intend to rely on the order have been named as applicants.
Applicants request that the order also apply to each other
registered closed-end investment company advised or to be advised in
the future by R&A or by an entity controlling, controlled by, or
under common control (within the meaning of section 2(a)(9) of the
Act) with R&A (including any successor in interest) (each such
entity, including R&A, the ``Adviser'') that in the future seeks to
rely on the order (such investment companies, together with the
Current Funds, are collectively, the ``Funds'' and individually, a
``Fund''). Any Fund that may rely on the order in the future will
comply with the terms and conditions of the application. 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. R&A, a Delaware limited liability company, is registered under
the Investment Advisers Act of 1940 (the ``Advisers Act'') as an
investment adviser. R&A provides investment advisory services to the
Current Funds. Each Adviser to a Fund will be registered as an
investment adviser under the Advisers Act.
    3. Each Current Fund relied on the Prior Order to implement
distribution policies with respect to their common stock and institute
dividend payment policies with respect to their preferred stock. To
maintain certainty for the distribution policies of the Current Funds
and the distribution policies that other Funds may adopt in the future
(each, a ``Distribution Policy''), applicants request an order that
would supersede the Prior Order. When the requested order is issued, it
will supersede the Prior Order and applicants may rely solely on the
order.
    4. Applicants state that prior to a Fund's implementing a
Distribution Policy in reliance on the order, the board of directors
(the ``Board'') of each Fund, including a majority of the directors who
are not ``interested

persons'' of the Fund, as defined in section 2(a)(19) of the Act (the
``Independent Directors''), will request, and the Adviser will provide,
such information as is reasonably necessary to make an informed
determination of whether the Board should adopt a proposed Distribution
Policy, or, in the case of the Current Funds, re-approve an existing
Distribution Policy. In particular, the Board and the Independent
Directors will review information regarding the purpose and terms of
the Distribution Policy; the likely effects of the policy on the Fund's
long-term total return (in relation to market price and its net asset
value per share of common stock (``NAV'')); the expected relationship
between the Fund's distribution rate on its common stock under the
policy and the Fund's total return (in relation to NAV); whether the
rate of distribution would exceed such Fund's expected total return in
relation to its NAV; and any foreseeable material effects of the policy
on the Fund's long-term total return (in relation to market price and
NAV). The Independent Directors also will consider what conflicts of
interest the Adviser and the affiliated persons of the Adviser and the
Fund might have with respect to the adoption or implementation of the
Distribution Policy. Applicants state that, only after considering such
information will the Board, including the Independent Directors, of
each Fund approve a Distribution Policy and in connection with such
approval will determine that the Distribution Policy is consistent with
a Fund's investment objectives and in the best interests of the holders
of the Fund's common stock.
    5. Applicants state that the purpose of a Distribution Policy,
generally, would be to permit a Fund to distribute over the course of
each year, through periodic distributions in relatively equal amounts
(plus 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 returns of
capital paid by portfolio companies to such Fund during the year. Under
the Distribution Policy of a Fund, such Fund would distribute to its
respective common stockholders a fixed percentage of the market price
of such Fund's common stock at a particular point in time or a fixed
percentage of NAV at a particular time or a fixed amount per share of
common stock, any of which may be adjusted from time to time. It is
anticipated that under a Distribution Policy, the minimum annual
distribution rate with respect to such Fund's common stock 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.
Except for extraordinary distributions and potential increases or
decreases in the final dividend periods in light of a Fund's
performance for an entire calendar year and to enable the Fund to
comply with the distribution requirements of Subchapter M of the
Internal Revenue Code (``Code'') for the calendar year, each
distribution on the Fund's common stock would be at the stated rate
then in effect.
    6. Applicants state that prior to the implementation of a
Distribution Policy for any Fund in reliance on the order, the Board of
such Fund will have adopted policies and procedures under rule 38a-1
under the Act that: (i) Are reasonably designed to ensure that all
notices required to be sent to the Fund's stockholders 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
under the Act and by condition 2(a) below, and that all other written
communications by the Fund or its agents regarding distributions under
the Distribution Policy include the disclosure required by condition
3(a) below; and (ii) require the 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) of the Act generally makes it unlawful for any
registered investment company to make long-term capital gains
distributions more than once every twelve months. 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 distribution made
pursuant to section 855 of the Code not exceeding 10% of the total
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) of the Act provides, in relevant part, that the
Commission may exempt any person or transaction from any provision of
the Act to the extent that such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act.
    3. Applicants state that the one of the concerns leading to the
enactment of section 19(b) and adoption of rule 19b-1 was that
stockholders 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 distributions (or the confirmation of the
reinvestment thereof) estimated to be sourced in part from capital
gains or capital be accompanied by a separate statement showing the
sources of the distribution (e.g., estimated net income, net short-term
capital gains, net long-term capital gains and/or return of capital).
Applicants state that similar information is included in the Funds'
annual reports to stockholders and on the Internal Revenue Service Form
1099 DIV, which is sent to each common and preferred stockholder who
received distributions during a particular year.
    4. Applicants further state that each Fund will make the additional
disclosures required by the conditions set forth below, and each Fund
will adopt compliance policies and procedures in accordance with rule
38a-1 under the Act to ensure that all required 19(a) Notices and
disclosures are sent to stockholders. Applicants state that the
information required by section 19(a), rule 19a-1, the Distribution
Policy, the policies and procedures under rule 38a-1 noted above, and
the conditions listed below will help ensure that each Fund's
stockholders are provided sufficient information to understand that
their periodic distributions are not tied to a 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. Accordingly, applicants assert
that continuing to subject the Funds to section 19(b) and rule 19b-1
would afford stockholders no extra protection.
    5. Applicants note that section 19(b) and rule 19b-1 also were
intended to prevent certain improper 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 submit 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 periodic distributions, any buildup of large end-of-
the-year distributions.
    6. Applicants also note that the common stock of closed-end funds
often trades in the marketplace at a discount to its NAV. Applicants
believe that this discount may be reduced if the Funds are permitted to
pay relatively frequent dividends on their common stock at a consistent
rate, whether or not those dividends contain an element of long-term
capital gains.
    7. Applicants assert that the application of rule 19b-1 to a
Distribution Policy actually could have an 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 assert that by limiting the
number of long-term capital gain dividends that a Fund may make with
respect to any one year, rule 19b-1 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 periodic distributions that may include such capital gains
under the rule.
    8. Applicants also assert that rule 19b-1 may force fixed regular
periodic distributions under a periodic distribution plan to be funded
with returns of capital \3\ (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 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.
---------------------------------------------------------------------------

    \3\ 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 seeks to qualify as a regulated investment
company under the Code and that has both common stock and preferred
stock 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
stock issued by a closed-end fund. Applicants assert that such
distributions are either fixed or 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 long-term
capital gains.
    11. Applicants also submit that the ``selling the dividend''
concern is not applicable to preferred stock, which entitles a holder
to no more than a specified periodic dividend at a fixed rate or the
rate determined by the market, and, like a debt security, is priced
based upon its liquidation preference, dividend rate, credit quality,
and frequency of payment. Applicants state that investors buy preferred
stock for the purpose of receiving payments at the frequency bargained
for, and any application of rule 19b-1 to preferred stock would be
contrary to the expectation of investors.
    12. Applicants request an order under section 6(c) of the Act
granting an exemption from the provisions of section 19(b) of the Act
and rule 19b-1 thereunder to permit each Fund to distribute periodic
capital gain dividends (as defined in section 852(b)(3)(C) of the Code)
as frequently as monthly in any one taxable year in respect of its
common stock and as often as specified by, or determined in accordance
with the terms of, any preferred stock issued by the Fund.

Applicants' Conditions

    Applicants agree that, with respect to each Fund seeking to rely on
the order, the order will be subject to the following conditions:

1. Compliance Review and Reporting

    The 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 Adviser have complied with the conditions of the order, and (ii) a
material compliance matter (as defined in rule 38a-1(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 Stockholders

    (a) Each 19(a) Notice disseminated to the holders of the Fund's
common stock, in addition to the information required by section19(a)
and rule 19a-1:
    (i) Will provide, in a tabular or graphical format:
    (1) the amount of the distribution, on a per share of common stock
basis, together with the amounts of such distribution amount, on a per
share of common stock 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 of common stock basis, together with the amounts of such
cumulative amount, on a per share of common stock 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 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 Distribution Policy'';
    (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 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 stockholders under
rule 30e-1 under the Act, the Fund will:
    (i) describe the terms of the Distribution Policy (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 Distribution Policy provides
that the Board may amend or terminate the Distribution Policy at any
time without prior notice to Fund stockholders; and
    (iv) describe any reasonably foreseeable circumstances that might
cause the Fund to terminate the Distribution Policy and any reasonably
foreseeable consequences of such termination.
    (c) Each report provided to stockholders 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 Stockholders, Prospective Stockholders and Third
Parties

    (a) The 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 Distribution Policy or distributions under the
Distribution Policy by the Fund, or agents that the Fund has authorized
to make such communication on the Fund's behalf, to any Fund
stockholder, prospective stockholder or third-party information
provider;
    (b) The Fund will issue, contemporaneously with the issuance of any
19(a) Notice, a press release containing the information in the 19(a)
Notice and will 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) The Fund will post prominently a statement on its (or the
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 stock issued by the 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 stock 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 stock; 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 Common Stock Trades
at a Premium

    If:
    (a) The Fund's common stock has 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 shares of
common stock 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) The 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 Directors:
    (1) will request and evaluate, and the Fund's Adviser will furnish,
such information as may be reasonably necessary to make an informed
determination of whether the Distribution Policy should be continued or
continued after amendment;

    (2) will determine whether continuation, or continuation after
amendment, of the Distribution Policy is consistent with the Fund's
investment objective(s) and policies and is in the best interests of
the Fund and its stockholders, after considering the information in
condition 5(b)(i)(1) above; including, without limitation:
    (A) whether the Distribution Policy is accomplishing its
purpose(s);
    (B) the reasonably foreseeable material effects of the Distribution
Policy on the Fund's long-term total return in relation to the market
price and NAV of the Fund's common stock; 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 Distribution
Policy; 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 Distribution
Policy 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

    The Fund will not make a public offering of the Fund's common stock
other than:
    (a) a rights offering below NAV to holders of the Fund's common
stock;
    (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 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 shares of 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 shares of preferred stock
as such Fund may issue.

7. Amendments to Rule 19b-1

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

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-08317 Filed 4-9-13; 8:45 am]
BILLING CODE 8011-01-P


U.S. DEPARTMENT OF TRANSPORTATION

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

1200 NEW JERSEY AVENUE SE.

WASHINGTON DC, 20590	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

OFFICE OF AIR AND RADIATION

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI  48105-2498

December 18, 2015

MEMORANDUM

SUBJECT:	Phase 2 Discussion with Wabash National Corporation on December
15, 2015

FROM:	Jessica Brakora, Engineer, Assessment and Standards Division

Office of Transportation and Air Quality

TO:	Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for
Medium- and Heavy-Duty Engines and Vehicles - Phase 2 - Dockets
NHTSA-2014-0132 and EPA-HQ-OAR-2014-0827

On December 15, 2015, EPA and DOT/NHTSA staff met representatives from
Wabash National Corporation (Wabash).  The purpose of the meeting was to
discuss Wabash’s views on the Phase 2 medium- and heavy-duty
rulemaking.  An agenda for the meeting is attached.  The following
participants attended the meeting:

Wabash representatives:

Patrick Quinn, The Accord Group

Jamie Scarcelli, Wabash, Senior Vice President - General Counsel and
Secretary

Erin Roth, Wabash, Vice President - Corporate Strategy and Government
Affairs

EPA representatives:

Byron Bunker, EPA Compliance Division

Stephen Healy, EPA Compliance Division

Jessica Brakora, EPA Assessment and Standards Division

Tad Wysor, EPA Assessment and Standards Division

Alan Stout, EPA Assessment and Standards Division

DOT/NHTSA representatives:

Coralie Cooper, DOT Volpe (via phone)

Wabash provided confidential business information (CBI) to the agencies
for this discussion.  EPA asked Wabash about their trailer sales
including the type of trailers produced, work-performing equipment
installed, and CO2- and fuel consumption-reducing technologies
installed.  Wabash also provided some technology cost estimates.

Some of the discussion focused on Wabash’s public comments received
following publication of the NPRM.  They reiterated their concerns with
Alternative 4, an averaging program, availability of tire technologies,
the 1-year delay for small businesses, and the agencies light-weighting
options.  The agencies’ responses to this public comment concerns can
be found in our Response to Comments document available in the docket to
this rulemaking (EPA-HQ-OAR-2014-0827).

The rest of the discussion involved a continuation of previous import
concerns raised by Wabash in our phone call on November 24, 2015.  EPA
noted that foreign manufacturers are equally required to meet U.S.
emissions regulations if their products are to be used in the U.S., but
EPA acknowledged that enforcement poses unique challenges at the point
of entry.  Wabash shared manufacturer’s statement of origin (MSO)
examples with the agencies and EPA stated that it may have to establish
relationships with state-based departments of motor vehicles to ensure
MSOs contain the appropriate information to register future trailers as
certified vehicles.  Additionally, the Customs and Border Protection
(CBP) has mechanisms in place to handle fleets that are based in Canada
or Mexico, but make U.S. deliveries (i.e., U.S. cabotage law allows
goods to be delivered into or out of the U.S., but fleets cannot make
intra-U.S. deliveries), which should limit the number of U.S.-based
fleets that move their headquarters abroad to circumvent future
regulations.

Attachment:  Meeting Agenda

Attachment

EPA / WABASH NATIONAL MEETING

Phase 2 Medium and Heavy Duty FE/GHG

Agenda

December 15, 2015

I. Phase 2 NPRM Trailer Program Issues (9:00 AM – 10:00 AM)

The Proposed Averaging Program

Simplified Exemption Process

LRRT and ATIS Suppliers’ Ability to Meet Demand

Light-Weighting Credit and Compliance Flexibility

Bin VIII (Changes to Trailer Construction) Process

Alternative #4 Challenges

“Small” Trailer Manufacturer Exemptions

Domestic and Imported Trailers Compliance

II. Phase 2 Trailer Certification/Compliance Issues (10:00 AM – 10:45
AM)

Existing Import Practices

Existing Documentation

EPA Authorities

New Tools and Practices

III. Wabash Confidential Business Data (10:45 AM – 12:00 PM)

Trailer Sales Data by Type

Trailer Aero Device Sales

LRR and ATIS Data

IV. Other Issues/Follow-Up

Discussion with Wabash on December 15, 2015 - Page   PAGE  3  of
NUMPAGES   3