[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30532-30534]
[FR Doc No: 2015-12855]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0146]

Agency Information Collection Activities; Extension of a
Currently Approved Collection; Training Certification for Entry-Level
Commercial Motor Vehicle Operators

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. The Agency is asking
OMB to renew without change FMCSA's estimate of the paperwork burden
imposed by its regulations pertaining to the training of certain entry-
level drivers of commercial motor vehicles (CMVs). Since 2004, FMCSA
regulations have prohibited the operation of certain CMVs by
individuals with less than 1 year of CMV-driving experience until they
obtain this training.

DATES: We must receive your comments on or before July 27, 2015.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2015-0146 using any of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC between 9 a.m.
and 5 p.m., e.t., Monday through Friday, except Federal holidays.
     Instructions: All submissions must include the Agency name
and docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.

     Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov, and
follow the online instructions for accessing the dockets, or go to the
street address listed above.
     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 for the Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
     Public Participation: The Federal eRulemaking Portal is
available 24 hours each day, 365 days each year. You can obtain
electronic submission and retrieval help and guidelines under the
``help'' section of the Federal eRulemaking Portal Web site. If you
want us to notify you that we received your comments, please include a
self-addressed, stamped envelope or postcard, or print the
acknowledgement page that appears after submitting comments online.
Comments received after the comment closing date will be included in
the docket and will be considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division, Department of Transportation, FMCSA,
West Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC,
20590. Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C.
31301 et seq.) established the commercial driver's license (CDL)
program and directed the Federal Highway Administration (FHWA), FMCSA's
predecessor agency, to establish minimum qualifications for issuance of
a CDL. After public notice and an opportunity for comment, the FHWA
established standards for the knowledge and skills that a CDL applicant
must satisfy.
    In 1985, the FHWA published the ``Model Curriculum for Training
Tractor-Trailer Drivers.'' The FHWA did not mandate driver training at
that time. It believed the cost of developing a comprehensive driver-
training program was too high in terms of agency resources. This was
especially so, FHWA believed, in light of its reasonable expectation
that the level of safety of entry level drivers would soon be elevated
because (1) the deadline for States to adopt the new mandatory CDL-
licensing standards for driver knowledge and skills was still in the
future, and (2) many truck driving schools had updated their curricula
in light of the new model curriculum (``Truck Safety: Information on
Driver Training,'' Report of the U.S. General Accounting Office, GAO/
RCED-89-163, August 1989, pages 4 and 5).
    In 1991, the Intermodal Surface Transportation Efficiency Act of
1991 (ISTEA) (Pub. L. 102-240, December 18, 1991) directed the FHWA to
``commence a rulemaking proceeding on the need to require training of
all entry-level drivers of commercial motor vehicles (CMVs)'' (Section
4007(a)(2)). On June 21, 1993, the FHWA issued an advance notice of
proposed rulemaking entitled, ``Commercial Motor Vehicles: Training for
All Entry Level Drivers'' (58 FR 33874). The Agency also began a study
of the effectiveness of the driver training currently being received by
entry-level CMV drivers. The results of the study were published in
1997 under the title ``Adequacy of Commercial Motor Vehicle Driver
Training.'' The study is available under FMCSA Docket 1997-2199 at the
Federal eRulemaking Portal (www.regulations.gov) described above. The
study found that three segments of the trucking industry were not
receiving adequate entry-level training: heavy truck, motor coach, and
school bus.
    On August 15, 2003, FMCSA published a notice of proposed rulemaking
(NPRM) entitled, ``Minimum Training Requirements for Entry-Level
Commercial Motor Vehicle Operators'' (68 FR 48863). The Agency proposed
mandatory training for operators of CMVs on four topics: driver
qualifications, hours-of-service of drivers, driver wellness and
whistle-blower protection. The Agency believed that knowledge of these
areas would provide the greatest benefit to the safety of CMV
operations. On May 21, 2004, FMCSA by final rule prohibited a motor
carrier from allowing an entry-level driver to operate a CMV until it
received a written certificate indicating that the driver had received
training in the four subject areas (69 FR 29384). The rule became
effective on July 20, 2004. Training providers were required to provide
a certificate to each driver trainee receiving the requisite training.
    The Agency is asking OMB to renew without change FMCSA's estimate
of the paperwork burden imposed by its regulations. (The Agency is
currently conducting a negotiated rulemaking to redesign training for
entry-level CMV operators; if the rulemaking amends driver-training
requirements, the Agency will submit an estimate of the ICR burden of
the requirements for OMB approval).
    Title: Training Certification for Entry-Level Commercial Motor
Vehicle Operators
    OMB Control Number: 2126-0028.
    Type of Request: Extension of a currently approved ICR.
    Respondents: Entry-level CDL drivers.
    Estimated Number of Respondents: 397,500.
    Estimated Time per Response: 10 minutes.
    Expiration Date: January 31, 2016.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 66,250 hours. FMCSA estimates that
an entry-level driver requires approximately 10 minutes to complete the
tasks necessary to comply with the regulation. Those tasks are
photocopying the training certificate, giving the photocopy to the
motor carrier employer, and retaining the original of the certificate.
Therefore, the annual burden for all entry-level drivers is 66,250
hours [397,500 drivers x 10/60 minutes to respond = 66,250 hours].
    Definitions: (1) ``Federal Motor Carrier Safety Regulations''
(FMCSRs) are parts 350-399 of volume 49 of the Code of Federal
Regulations. (2) ``Commercial motor vehicle'' (CMV) means a motor
vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle--(a) has a gross
combination weight rating of 11,794 kilograms or more (26,001 pounds or
more) inclusive of a towed unit(s) with a gross vehicle weight rating
(GVWR) of more than 4,536 kilograms (10,000 pounds); or (b) has a GVWR
of 11,794 or more kilograms (26,001 pounds or more); or (c) is designed
to transport 16 or more passengers, including the driver; or (d) is of
any size and is used in the transportation of hazardous materials as
defined in 49 CFR 383.5 (49 CFR 383.5). The definition of CMV found at
49 CFR 390.5 of the FMCSRs is not applicable to this notice. (3)
``Commercial Driver's License (CDL) Driver'' means the operator of a
CMV because such operators must possess a valid commercial driver's
license (CDL)(Section 383.23(a)(2)). (4) ``Entry-level CDL Driver''
means a driver with less than one year of experience operating a CMV
with a CDL (49 CFR 380.502(b)).
    Public Comments Invited: You are asked to comment on any aspect of
this

information collection, including: (1) Whether the proposed collection
is necessary for the FMCSA's performance of functions; (2) the accuracy
of the estimated burden; (3) ways for the FMCSA to enhance the quality,
usefulness, and clarity of the collected information; and (4) ways that
the burden could be minimized without reducing the quality of the
collected information. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

    Issued under the authority of 49 CFR 1.87 on: May 18, 2015.
 G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2015-12855 Filed 5-27-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Pages 75392-75395]
[FR Doc No: 2013-29499]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30819; 812-13825]

American Beacon Funds, et al.; Notice of Application

December 5, 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 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements.

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Summary of Application: Applicants request an order that would permit
them to enter into and materially amend subadvisory agreements without
shareholder approval and would grant relief from certain disclosure
requirements. The order would supersede a prior order (``Prior
Order'').\1\
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    \1\ Investment Company Act Rel. Nos. 21995 (May 30, 1996)
(notice) and 22040 (Jun. 25, 1996) (order).

Applicants: American Beacon Funds and American Beacon Select Funds
(collectively, the ``Trusts'') and American Beacon Advisors, Inc.
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(``American Beacon'' and collectively, ``Applicants'').

DATES:  Filing Dates: The application was filed on September 20, 2010,
and amended on December 10, 2012, March 13, 2013 and November 1, 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 December 27, 2013, and should be accompanied by proof of
service on the 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:
4151 Amon Carter Blvd., MD 2450, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: Jean E. Minarick, Senior Counsel, at
(202) 551-6811, or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

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

Applicants' Representations

    1. Each Trust is organized as a Massachusetts business trust and is
registered under the Act as an open-end management investment company.
The Trusts currently offer separate series (each a ``Fund''), each of
which has its own investment objectives, policies and restrictions.\2\
A Manager registered as an investment adviser under the Investment
Advisers Act of 1940 (``Advisers Act'') will serve as the investment
adviser to each Fund pursuant to a separate investment management
agreement (each a ``Management Agreement'' and collectively, the
``Management Agreements'') with the Fund. Each Management Agreement was
or will be approved by each respective Fund's shareholders and the
relevant Trust's board of trustees (the ``Board''), including a
majority of the trustees who are not ``interested persons,'' as defined
in section 2(a)(19) of the Act, of the Trust or the Manager
(``Independent Trustees''). The terms of each Management Agreement
comply with sections 15(a) and 15(c) of the Act and

rule 18f-2 under the Act. Applicants are not seeking any exemptions
from the provisions of the Act with respect to the Management
Agreements.
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    \2\ All existing registered investment companies that currently
intend to rely on the order are named as Applicants. Applicants
request relief with respect to the existing and future Funds of the
Trusts and any other existing or future registered open-end
management investment company or series thereof that: (a) Is advised
by American Beacon or any entity controlling, controlled by, or
under common control with American Beacon (each, a ``Manager'') or
its successors; (b) uses the manager of managers structure described
in the application; and (c) complies with the terms and conditions
of the application (each a ``Sub-Advised Fund'' and collectively,
the ``Sub-Advised Funds''). For purposes of the requested order,
``successor'' is limited to an entity or entities that result from a
reorganization into another jurisdiction or a change in the type of
business organization. If the name of any Sub-Advised Fund contains
the name of a Sub-Adviser (as defined below), the name of the
Manager that serves as the primary adviser to the Sub-Advised Fund
will precede the name of the Sub-Adviser.
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    2. Under the terms of each Management Agreement, the Manager,
subject to the oversight of the Board, has the primary responsibility
for the management of the Funds in accordance with each Fund's
investment objective, policies and restrictions. For its services to
each Fund, the Manager receives a management fee from that Fund as
specified in the applicable Management Agreement. The terms of each
Management Agreement also permit the Manager, subject to the approval
of the relevant Board, including a majority of the Independent
Trustees, and the shareholders of the applicable Fund (if required by
applicable law), to delegate portfolio management responsibilities of
all or a portion of the Fund to one or more sub-advisers (``Sub-
Advisers''). The Manager has entered into sub-advisory agreements
(``Sub-Advisory Agreements'') with various Sub-Advisers to provide
investment advisory services to the Subadvised Funds.\3\ Each Sub-
Adviser is, and each future Sub-Adviser will be, an investment adviser
as defined in section 2(a)(20) of the Act as well as registered, or not
subject to registration, with the Commission as an ``investment
adviser'' under the Advisers Act. The Manager evaluates, allocates
assets to and oversees the Sub-Advisers, and makes recommendations
about their hiring, termination and replacement to the relevant Board,
at all times subject to the authority of the relevant Board.
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    \3\ As of the date of the application, the Manager had allocated
investment responsibility for each Sub-Advised Fund as follows: (a)
American Beacon Acadian Emerging Markets Managed Volatility Fund--
Acadian Asset Management LLC; (b) American Beacon Balanced Fund--the
Manager, Barrow, Hanley, Mewhinney & Strauss, LLC (``Barrow''),
Brandywine Global Investment Management, LLC (``Brandywine''), and
Hotchkis and Wiley Capital Management, LLC (``Hotchkis''); (c)
American Beacon Bridgeway Large Cap Value Fund--Bridgeway Capital
Management, Inc.; (d) American Beacon Earnest Partners Emerging
Markets Equity Fund--EARNEST Partners, LLC; (e) American Beacon
Emerging Markets Fund--Brandes Investment Partners, LP, Morgan
Stanley Investment Management Inc., and The Boston Company Asset
Management, LLC (``TBCAM''); (f) American Beacon Flexible Bond
Fund--Brandywine, GAM International Management, Ltd., and Pacific
Investment Management Company LLC; (g) American Beacon High Yield
Bond Fund--Franklin Advisers, Inc., Logan Circle Partners, L.P., and
PENN Capital Management Company, Inc.; (h) American Beacon Holland
Large Cap Growth Fund--Holland Capital Management, LLC; (i) American
Beacon Intermediate Bond Fund--the Manager and Barrow; (j) American
Beacon International Equity Fund--Causeway Capital Management LLC,
Lazard Asset Management LLC, and Templeton Investment Counsel, LLC;
(k) American Beacon Large Cap Value Fund--Barrow, Brandywine,
Hotchkis and Massachusetts Financial Services, Co.; (l) American
Beacon Mid-Cap Value Fund--Barrow, Lee Munder Capital Group, LLC,
and Pzena Investment Management, LLC; (m) American Beacon Retirement
Income and Appreciation Fund--the Manager and Calamos Advisors, LLC;
(n) American Beacon SGA Global Growth Fund--Sustainable Growth
Advisers, LP; (o) American Beacon SiM High Yield Opportunities
Fund--Strategic Income Management, LLC; (p) American Beacon Small
Cap Value Fund--Barrow, Brandywine, Dreman Value Management, LLC,
Hotchkis, Opus Capital Group, LLC and TBCAM; (q) American Beacon
Small Cap Value II Fund--Dean Capital Management, LLC; Fox Asset
Management LLC, and Signia Capital Management, LLC; (r) American
Beacon Stephens Mid-Cap Growth Fund--Stephens Investment Management
Group, LLC (``SIMG''); (s) American Beacon Small Cap Growth Fund--
SIMG; (t) American Beacon The London Company Income Equity Fund--The
London Company of Virginia, LLC; (u) American Beacon Treasury
Inflation Protected Securities Fund--NISA Investment Advisors, LLC
and Standish Mellon Asset Management Company, LLC; (v) American
Beacon Zebra Global Equity Fund--Zebra Capital Management, LLC
(``Zebra'') and (w) American Beacon Zebra Small Cap Equity Fund--
Zebra.
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    3. Under each Management Agreement, the Manager receives a
management fee (``Management Fee'') from each Fund. Currently, with
respect to certain Sub-Advised Funds, the Management Fee is comprised
of two components which are (a) a fee for the Manager, and (b) the
applicable subadvisory compensation (``Two Component Management Fee'').
For these Sub-Advised Funds, the Manager collects the fees from each
Sub-Advised Fund and pays such fees to the applicable Sub-Advisers. For
certain other Sub-Advised Funds, currently the Manager receives a one
component Management Fee (``Unitary Management Fee'') and pays
subadvisory compensation from the Management Fee. With respect to
certain other Sub-Advised Funds, the Management Fee is comprised solely
of a fee for the Manager and those Sub-Advised Funds each pays the sub-
advisory compensation directly to the Sub-Adviser pursuant to a Sub-
Advisory Agreement among the Sub-Adviser, the Manager and the Fund
(``Tri-Party Sub-Advisory Agreement''). In the future, new Funds will
compensate Sub-Advisers pursuant to either a Tri-Party Sub-Advisory
Agreement or a Unitary Management Fee arrangement.\4\
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    \4\ Promptly after the issuance of the requested order, the
Manager intends to use its reasonable best efforts to cause the
Board and each applicable Sub-Adviser that receives payment from the
Manager pursuant to a Two Component Management Fee to agree to enter
into a Tri-Party Sub-Advisory Agreement under which each such Sub-
Adviser would be paid directly by such Fund as well as to make a
corresponding change to the Management Agreement to eliminate the
Two Component Management Fee. The changes will not result in any
change in the nature or level of the actual investment advisory
services provided to each Sub-Advised Fund or in any increase in the
total management and advisory fees payable by a Sub-Advised Fund.
Applicants will not rely on the relief requested from section 15(a)
of the Act until the Board has approved all such changes.
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    4. Applicants request an order to permit the Manager, subject to
Board approval, to select certain Sub-Advisers to manage all or a
portion of the assets of a Fund pursuant to a Sub-Advisory Agreement
and materially amend Sub-Advisory Agreements without obtaining
shareholder approval. The requested order would supersede the Prior
Order. The requested relief will not extend to any Sub-Adviser that is
an affiliated person, as defined in section 2(a)(3) of the Act, of a
Trust, a Fund or the Manager, other than by reason of serving as a Sub-
Adviser to a Fund (``Affiliated Sub-Adviser'').
    5. Applicants also request an order exempting the Sub-Advised Funds
from certain disclosure provisions described below that may require the
Applicants to disclose fees paid by the Manager or a Sub-Advised Fund
to each Sub-Adviser. Applicants seek an order to permit each Sub-
Advised Fund to disclose (as a dollar amount and a percentage of each
Sub-Advised Fund's net assets): (a) The aggregate fees paid to the
Manager and any Affiliated Sub-Advisers; and (b) the aggregate fees
paid to Sub-Advisers other than Affiliated Sub-Advisers (collectively,
the ``Aggregate Fee Disclosure''). A Subadvised Fund that employs an
Affiliated Sub-Adviser will provide separate disclosure of any fees
paid to the Affiliated Sub-Adviser.
    6. A Sub-Advised Fund will inform shareholders of the hiring of a
new Sub-Adviser pursuant to the following procedures (``Modified Notice
and Access Procedures''): (a) Within 90 days after a new Sub-Adviser is
hired for any Sub-Advised Fund, that Sub-Advised Fund will send its
shareholders either a Multi-manager Notice or a Multi-manager Notice
and Information Statement; \5\ and (b) the Sub-Advised

Fund will make the Multi-manager Information Statement available on the
Web site identified in the Multi-manager Notice no later than when the
Multi-manager Notice (or Multi-manager Notice and Multi-manager
Information Statement) is first sent to shareholders, and will maintain
it on that Web site for at least 90 days.
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    \5\ A ``Multi-manager Notice'' will be modeled on a Notice of
Internet Availability as defined in rule 14a-16 under the Securities
Exchange Act of 1934 (``Exchange Act''), and specifically will,
among other things: (a) Summarize the relevant information regarding
the new Sub-Adviser; (b) inform the shareholders that the Multi-
manager Information Statement is available on a Web site; (c)
provide the Web site address; (d) state the time period during which
the Multi-manager Information Statement will remain available on
that Web site; (e) provide instructions for accessing and printing
the Multi-manager Information Statement; and (f) instruct the
shareholder that a paper or email copy of the Multi-manager
Information Statement may be obtained, without charge, by contacting
the Sub-Advised Funds.
    A ``Multi-manager Information Statement'' will meet the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule
14A under the Exchange Act for an information statement, except as
modified by the requested order to permit Aggregate Fee Disclosure.
Multi-manager Information Statements will be filed electronically
with the Commission via the EDGAR system.
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Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of stock in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 19(a)(3) of Form N-1A requires disclosure of
the method and amount of the investment adviser's compensation.
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to an investment company to comply with Schedule 14A under the Exchange
Act. Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A, taken together, require a proxy statement for a
shareholder meeting at which the advisory contract will be voted upon
to include the ``rate of compensation of the investment adviser,'' the
``aggregate amount of the investment adviser's fees,'' a description of
the ``terms of the contract to be acted upon,'' and, if a change in the
advisory fee is proposed, the existing and proposed fees and the
difference between the two fees.
    4. Regulation S-X sets forth the requirements for financial
statements required to be included as part of a registered investment
company's registration statement and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b), and (c) of Regulation S-X require
a registered investment company to include in its financial statement
information about the investment advisory fees.
    5. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants state that the requested relief meets this standard for
the reasons discussed below.
    6. Applicants assert that the shareholders expect the Manager,
subject to the review and approval of the Board, to select the Sub-
Advisers who have distinguished themselves through successful
performance in the particular market sectors in which the Sub-Advised
Funds invest. Applicants assert that, from the perspective of the
shareholder, the role of the Sub-Adviser is substantially equivalent to
the role of the individual portfolio managers employed by an investment
adviser to a traditional investment company. Applicants state that
without the delay inherent in holding shareholder meetings, a Sub-
Advised Fund will be able to act more quickly and with less expense to
hire a Sub-Adviser regardless of the number of Sub-Advisers employed by
the Sub-Advised Fund and materially amend a Sub-Advisory Agreement when
the Board and the Manager believe that the appointment of a Sub-Adviser
or the amendment of a Sub-Advisory Agreement would benefit the Sub-
Advised Fund. Applicants note that each Management Agreement and any
Sub-Advisory Agreement with an Affiliated Sub-Adviser (if any) will
remain subject to the shareholder approval requirements of section
15(a) of the Act and rule 18f-2 under the Act.
    7. Applicants assert that the requested disclosure relief would
benefit shareholders of the Sub-Advised Funds because it would improve
the Manager's ability to negotiate the fees paid to Sub-Advisers.
Applicants state that the Adviser may be able to negotiate rates that
are below a Sub-Adviser's ``posted'' amounts, if the Adviser is not
required to disclose the Sub-Advisers' fees to the public. Applicants
submit that the requested relief will encourage Sub-Advisers to
negotiate lower subadvisory fees with the Adviser if the lower fees are
not required to be made public.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Sub-Advised Fund may rely on the order requested in the
application, the operation of the Sub-Advised Fund in the manner
described in the application will be approved by a majority of the Sub-
Advised Fund's outstanding voting securities as defined in the Act or,
in the case of a Sub-Advised Fund whose public shareholders purchase
shares on the basis of a prospectus containing the disclosure
contemplated by condition 2 below, by the sole initial shareholder(s)
before such Sub-Advised Fund's shares are offered to the public.
    2. The prospectuses for each Sub-Advised Fund will disclose the
existence, substance, and effect of any order granted pursuant to the
application. In addition, each Sub-Advised Fund will hold itself out to
the public as employing the manager-of-managers structure described in
the application. The prospectus will prominently disclose that the
Manager has ultimate responsibility, subject to oversight by the
applicable Board, to oversee the Sub-Advisers and recommend their
hiring, termination, and replacement.
    3. The Manager will provide general management services to each
Sub-Advised Fund, including overall supervisory responsibility for the
general management and investment of each Sub-Advised Fund's assets
and, subject to the review and approval of the applicable Board, will:
(a) Set each Sub-Advised Fund's overall investment strategies; (b)
evaluate, select and recommend Sub-Advisers to manage all or a part of
each Sub-Advised Fund's assets; (c) allocate and, when appropriate,
reallocate the assets of each Sub-Advised Fund among Sub-Advisers; (d)
monitor and evaluate the performance of the Sub-Advisers; and (e)
implement procedures reasonably designed to ensure that the Sub-
Advisers comply with each Sub-Advised Fund's investment objective,
policies and restrictions.
    4. At all times, at least a majority of each Board will be
Independent Trustees, and the nomination of new or additional
Independent Trustees will be placed within the discretion of the then-
existing Independent Trustees.
    5. The Manager will not enter into a Sub-Advisory Agreement with
any Affiliated Sub-Adviser without such agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Sub-Advised Fund.
    6. Whenever a Sub-Adviser change is proposed for a Sub-Advised Fund
with an Affiliated Sub-Adviser, the Board, including a majority of the
Independent Trustees, will make a separate finding, reflected in the
applicable Board minutes, that such change is in the best interests of
the Sub-Advised Fund and its shareholders, and does not involve a
conflict of interest from which the Manager or Affiliated Sub-Adviser
derives an inappropriate advantage.

    7. No trustee or officer of a Sub-Advised Fund or director or
officer of the Manager, will own directly or indirectly (other than
through a pooled investment vehicle that is not controlled by such
person), any interest in a Sub-Adviser except for ownership of
interests in the Manager or any entity that controls, is controlled by
or is under common control with the Manager; or ownership of less than
1% of the outstanding securities of any class of equity or debt
securities of any publicly traded company that is either a Sub-Adviser
or an entity that controls, is controlled by or is under common control
with a Sub-Adviser.
    8. Sub-Advised Funds will inform shareholders of the hiring of a
new Sub-Adviser in reliance on the order within 90 days after the
hiring of the new Sub-Adviser pursuant to the Modified Notice and
Access Procedures.
    9. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the application, the requested order will expire on the effective
date of that rule.
    10. Independent legal counsel, as defined in rule 0-1(a)(6) under
the Act, will be engaged to represent the Independent Trustees. The
selection of such counsel will be within the discretion of the then-
existing Independent Trustees.
    11. Whenever a Sub-Adviser is hired or terminated, the Manager will
provide the Board with information showing the expected impact on the
profitability of the Manager.
    12. The Manager will provide the Board, no less frequently than
quarterly, with information about the profitability of the Manager on a
per Sub-Advised Fund basis. The information will reflect the impact on
profitability of the hiring or termination of any Sub-Adviser during
the applicable quarter.
    13. Each Sub-Advised Fund will disclose in its registration
statement the Aggregate Fee Disclosure.
    14. Any changes to a Sub-Advisory Agreement that would result in an
increase in the total management and advisory fees payable by a Sub-
Advised Fund will be required to be approved by the shareholders of the
Sub-Advised Fund.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-29499 Filed 12-10-13; 8:45 am]
BILLING CODE 8011-01-P


-color:#252321;">The Food, Drug, and Cosmetic Act requires manufacturers to list all ingredients of
a packaged food, with two exemptions. Spices, flavorings, and colorings may be
declared collectively without each one being named.
18
Incidental additives, such
as processing aids present in a food at insignificant levels and not having a techni-
cal or functional effect in the finished food, do not have to be listed individually.
19
However, the presence of a substance that may cause an adverse reaction is con-
sidered significant and so it must be listed on the food label. FDA has advised
manufacturers that, because adhering to GMPs is essential for effective reduction
of adverse reactions, precautionary labeling, such as “may contain (insert name of
allergenic ingredient),” should not be used in lieu of adherence to GMPs.
20
Disparities
More than 30 million people in the United States are likely to be particularly sus-
ceptible to foodborne disease.
21
Very young, elderly, and immunocompromised
persons experience the most serious foodborne illnesses. They may become ill

Food Safety
Page 10-7
from smaller doses of organisms and may be more likely than other persons to die
of foodborne disease. For example, children under age 1 year have the highest rate
of Campylobacter species infections (see figure). Other high-risk populations in-
clude residents in nursing homes or chronic care facilities; hospitalized, cancer,
and organ transplant patients; and individuals with AIDS, with cirrhosis, on anti-
microbial treatment, or with reduced stomach acid such as due to antacid medica-
tions. In cases of listeriosis and toxoplasmosis, pregnant women and their fetuses
or newborns are at higher risk than other groups.
Representative data on specific U.S. populations, such as racial and ethnic groups
or socioeconomic groups, are not available from FoodNet. Efforts are under way
to improve reporting of this information. A report from the United Kingdom indi-
cates a relationship between socioeconomic status and foodborne illness that may
apply to the United States. It found that hospital admissions for gastrointestinal
infections increased with increasing socioeconomic deprivation.
22
Opportunities
The opportunities to reduce the burden of foodborne illness involve risk reduction
and control interventions targeted at various steps from production to consump-
tion. These strategies include Hazard Analysis and Critical Control Points pro-
grams (required starting in 1997 for seafood and in 1998 for meat and poultry
processing); improved adherence to GMPs; education of food processors, prepar-
ers, and servers at all levels in the food industry and in the home; and improved
investigation of outbreaks and sporadic cases of foodborne illness.
The Partnership for Food Safety Education was formed in 1997 as a part of the
National Food Safety Initiative. The Partnership—composed of industry, State,
and consumer organizations and government liaisons from FDA, FSIS, Coopera-
tive State Research, Education, and Extension Service (CSREES), CDC, and
EPA—cooperatively developed the FightBAC!™ Campaign with messages to
reach all consumers. The messages are based on four key food safety practices:
!
Clean: Wash hands and surfaces often.
!
Separate: Don’t cross-contaminate.
!
Cook: Cook to proper temperatures.
!
Chill: Refrigerate promptly.
Increased surveillance, planned as a result of the 1997 initiative and the improve-
ments to the FoodNet program, will inform the public health community, veteri-
nary and producer groups, and regulatory agencies of the extent of the problem of
human pathogens that come from the intestines of animals. These organisms
might resist drug therapy when human illness occurs. Public health experts antici-
pate an initial increase in the number of resistant pathogens detected due to im-
proved surveillance. Over time, as control and educational programs are enacted,
decreases should follow. Wider and more representative testing will give a better

Page 10-8
Healthy People 2010: Objectives for Improving Health
picture of the nature and extent to which antimicrobial-resistant foodborne patho-
gens are transmitted from animals to humans.
Interim Progress Toward Year 2000 Objectives
Of the four Healthy People 2000 food safety objectives targeted to reducing food-
borne illness, only one has been met—reducing the incidence of disease caused by
four key pathogens (Salmonella species, Campylobacter species, Escherichia coli
O157:H7, and Listeria monocytogenes). Two objectives show solid progress—
decreasing the number of outbreaks of Salmonella serotype Enteritidis from 77 to
44 outbreaks per year and State agency adoption (16 States) and review (23 States
plus Puerto Rico and the District of Columbia) of the Food Code for retail-level
food establishments (1999 Food Code data). The consumer food safety practices
objective shows improvement. In fact, the target for washing cutting boards with
soap has been surpassed (79 percent) if all safe practices, such as washing with
bleach or using a different cutting board following use with raw meat or poultry,
are considered.
Note: Data are from the Centers for Disease Control and Prevention, National
Center for Health Statistics, Healthy People 2000 Review, 1998–99, and from the
Healthy People 2000 Progress Review, Food and Drug Safety, September 1, 1999.

Food Safety
Page 10-9
Healthy People 2010—Summary of Objectives
Food Safety
Goal: Reduce foodborne illnesses.
Number
Objective Short Title
10-
1 Foodborne infections
10-
2
Outbreaks of foodborne infections
10-
3
Antimicrobial resistance of Salmonella species
10-
4
Food allergy deaths
10-
5
Consumer food safety practices
10-
6
Safe food preparation practices in retail establishments
10-
7
Organophosphate pesticide exposure

Page 10-10
Healthy People 2010: Objectives for Improving Health
Healthy People 2010 Objectives
10-1.
Reduce infections caused by key foodborne pathogens.
Target and baseline:
Objective
Reduction in Infections Caused
by Microorganisms
1997
Baseline
2010
Target
Cases per 100,000
10-1a.
Campylobacter species
24.6
12.3
10-1b.
Escherichia coli O157:H7
2.1 1.0
10-1c.
Listeria monocytogenes
0.5 0.25
10-1d.
Salmonella species
13.7
6.8
10-1e.
Cyclospora cayetanensis
Developmental
10-1f.
Postdiarrheal hemolytic uremic
syndrome
Developmental
10-1g.
Congenital Toxoplasma gondii
Developmental
Target setting method: 50 percent improvement.
Data sources: Foodborne Disease Active Surveillance Network (FoodNet), CDC,
NCID; FDA, CFSAN; FSIS, OPHS; and State agencies.
Potential data source: Toxoplasmosis data
—
National Notifiable Diseases
Surveillance System (NNDSS), CDC, NCID.
NOTE: THE TABLE BELOW MAY CONTINUE TO THE FOLLOWING PAGE.
10-
1a.
Campylo-
bacter
Species
10-
1b.


[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Pages 41174-41176]
[FR Doc No: 2013-16381]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69909; File No. SR-BOX-2013-35]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend the Exchange Fee Schedule To Update and Clarify Certain Fees
Assessed Under Section V (Technology Fees)

July 2, 2013.
    Pursuant to Section 19(b)(1) under the Securities Exchange Act of
1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on July 1, 2013, BOX Options Exchange LLC (the ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the Exchange. The Exchange filed the
proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend the Exchange Fee
Schedule to update and clarify certain fees assessed under Section V
(Technology Fees) on the BOX Market LLC (``BOX'') options facility.
Changes to the fee schedule pursuant to this proposal will be effective
upon filing. The text of the proposed rule change is available from the
principal office of the Exchange, at the Commission's Public Reference
Room and also on the Exchange's Internet Web site at http://boxexchange.com.

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, Proposed Rule Change

 1. Purpose
    The Exchange proposes to amend the Fee Schedule for trading on BOX
to update and clarify the technology fees that are assessed on market
participants. The Exchange currently organizes Section V (Technology
Fees) into two sections; a Point of Presence (``PoP'') Connection Fee
under Section V.A., and a Back Office Trade Management Software
(``TMS'') Fee under Section V.B. The Exchange proposes to rename
Section V.A. ``Connectivity Fees'' and replace the text in Section V.A.
with text that clarifies how these fees are assessed. Further, the
Exchange proposes to remove Section V.B. from the BOX Fee Schedule.
    Section V.A, currently titled ``PoP Connection Fee'', was created
to detail the fees applicable to Participants who connected to the BOX
market network at PoP sites. These sites are owned and operated by
third-party external vendors, and the fees listed in this section were
meant to encompass what fees could be charged based on each
Participant's particular configuration. These fees could either be
billed directly to the Participant by the vendor, or passed through to
the Participant by BOX. Currently, in practice, a vast majority of
Participants are billed directly by the vendor.
    The Exchange is proposing to rename Section V.A. ``Connectivity
Fees'' and replace the text in Section V.A. with text that clarifies
the fees applicable to all market participants that connect to the BOX
network. Specifically, the Exchange proposes to state that market
participants are required to connect to the BOX network (including
cross-connects),\5\ through datacenters owned and operated by third-
party vendors. The Exchange also proposes to state that while BOX does
not assess Connectivity Fees; these fees are assessed by the
datacenters and will be billed directly to the market participant. BOX
will no longer be responsible for passing through any of these fees.
Connectivity fees can include one-time set-up fees, monthly charges,
and other fees charged by the third-party vendor in exchange for the
services provided to the market participant. The Exchange notes that
this proposal does not change any of the fees currently assessed by
third party vendors on market participants connecting to BOX, but
rather clarifies how they will be billed.
---------------------------------------------------------------------------

    \5\ A ``cross connect'' occurs when the affected third-party
system is located at the same datacenter site where BOX systems are
located, and the third-party connects to BOX through the datacenter.
---------------------------------------------------------------------------

    The Exchange then proposes to detail the two datacenters where
market participants may connect to the BOX network: NY4, owned and
operated by Equinix; and 65 Broadway, owned and operated by 365 Main;
and the connectivity fees applicable, depending upon connection type,
in the table set forth below (and included in the proposed Section
V.A.).

----------------------------------------------------------------------------------------------------------------
                                                                NY4                         65 Broadway
                                                 ---------------------------------------------------------------
                 Connection Type                  One-time  set-                  One-time  set-
                                                        up            Monthly           up            Monthly
----------------------------------------------------------------------------------------------------------------
POTS............................................            $100             $25             $50             $25
Ethernet........................................             N/A             N/A             250             225
T1..............................................             500             100             N/A             N/A
Cat 5/6.........................................             500             245             250             225
COAX............................................             500             245             250             200
Single & Multi Mode Fiber.......................             500             350             325             500
Extended Cross Connect..........................             850            1000             N/A             N/A
----------------------------------------------------------------------------------------------------------------

    The Exchange believes the proposed changes to Section V.A. will
more accurately explain the costs of connecting to the Exchange.
    Further, the Exchange is proposing to remove Section V.B. ``Back
Office Trade Management Software (``TMS'')'' from the Fee Schedule. The
TMS Software is optional software to which BOX Participants may
subscribe in order to manage their post trade data. The Exchange
currently charges a monthly per user fee, depending upon the number of
users per Participant.
    The Exchange proposes to remove Section V.B. and offer TMS Software
to all BOX Participants at no cost. The Exchange believes that offering
TMS Software at no cost will allow more Participants to subscribe to
the service and therefore will give them the opportunity to better
manage their trading on the Exchange.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\6\ in general, and Sections
6(b)(4) and 6(b)(5) of the Act,\7\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among BOX Participants and other persons using its facilities
and does not unfairly discriminate between customers, issuers, brokers
or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to clarify that connectivity fees are assessed on all
market participants that establish connections to BOX through a third-
party and that these fees will be billed directly to the market
participant. Specifically, the Exchange is proposing to amend the
connectivity fee section of the Fee Schedule in a way that is similar
to a comparable section of the Miami International Securities Exchange,
LLC (``MIAX'').\8\
---------------------------------------------------------------------------

    \8\ See MIAX Options Fee Schedule as of June 1, 2013, available
at http://www.miaxoptions.com/sites/default/files/MIAX_Options_Fee_Schedule_06032013.pdf
---------------------------------------------------------------------------

    The Exchange believes that the proposed amendments to Section V.A.
of the Fee Schedule are reasonable as they do not change any of the
fees currently assessed by third party vendors on market participants
connecting to BOX, but rather clarify how these fees will be billed.
    Further, the Exchange believes that the proposed Connectivity Fees
constitute an equitable allocation of fees, and are not unfairly
discriminatory, as all similarly situated market participants are
charged the same amount depending on the services they receive.
    The Exchange believes that the proposed removal of TMS Software
fees is non-discriminatory because it applies equally to all
Participants on the Exchange. Further, the Exchange believes that
offering the TMS Software at no cost will remove impediments to and
better provide for a free and open market. Moreover, the removal of the
TMS Software fees is reasonable because it will allow all Participants
to access the software at no cost.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed amendments to the Fee Schedule will not impose a burden on
competition among various Exchange Participants. The proposed change is
designed to provide greater specificity and clarity within the Fee
Schedule and does not place any Participants at a disadvantage compared
to other Participants. Further, the Exchange does not believe this rule
change will have an impact on intermarket competition.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \9\ and Rule 19b-4(f)(2)
thereunder,\10\ because it establishes or changes a due, or fee.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2013-35 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-BOX-2013-35. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of 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-BOX-2013-35 and should be
submitted on or before July 30, 2013.

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

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-16381 Filed 7-8-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Notices]
[Page 8751]
[FR Doc No: 2017-01922]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filing Instituting Proceedings

    Docket Numbers: RP17-295-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC, submits
tariff filing per 154.204: Negotiated Rates--Cherokee AGL--Replacement
Shippers--Jan 2017 to be effective 1/1/2017.
    Filed Date: 12/28/16.
    Accession Number: 20161228-5090.
    Comments Due: 5 p.m. ET 1/9/17.

    Docket Numbers: RP17-296-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC, submits
tariff filing per 154.204: Non-Conforming Agreement--Gulf Trace to be
effective 2/1/2017.
    Filed Date: 12/29/16.
    Accession Number: 20161229-5000.
    Comments Due: 5 p.m. ET 1/10/17.

    Docket Numbers: RP17-297-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC, submits
tariff filing per 154.204: Gulf Trace Expansion Initial Rates to be
effective 2/1/2017.
    Filed Date: 12/29/16.
    Accession Number: 20161229-5017.
    Comments Due: 5 p.m. ET 1/10/17.

    Docket Numbers: RP17-298-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Texas Eastern Transmission, LP, submits tariff filing
per 154.403: EPC FEB 2017 FILING to be effective 2/1/2017.
    Filed Date: 12/29/16.
    Accession Number: 20161229-5018.
    Comments Due: 5 p.m. ET 1/10/17.

    Docket Numbers: RP17-299-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC, submits
tariff filing per 154.204: Update List of Non-Conforming Service
Agreements (Gulf Trace) to be effective 2/1/2017.
    Filed Date: 12/29/16.
    Accession Number: 20161229-5020.
    Comments Due: 5 p.m. ET 1/10/17.

    Docket Numbers: RP17-300-000.
    Applicants: Trailblazer Pipeline Company, LLC.
    Description: Trailblazer Pipeline Company LLC submits tariff filing
per 154.204: Neg Rate 2016-12-29 Tenaska, 2 Ks to be effective 1/1/
2017.
    Filed Date: 12/29/16.
    Accession Number: 20161229-5055.
    Comments Due: 5 p.m. ET 1/10/17.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 29, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-01922 Filed 1-27-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 100 (Friday, May 23, 2014)]
[Rules and Regulations]
[Pages 29680-29682]
[FR Doc No: 2014-11509]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0823; FRL-9911-06-Region 9]

Interim Final Determination To Defer Sanctions, State of
California, Los Angeles-South Coast Air Basin

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Interim Final Rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination to defer the imposition of sanctions based on a
proposed approval published elsewhere in this Federal Register of a
state implementation plan revision submitted by the State of

California to meet the vehicle miles traveled emissions offset
requirement under the Clean Air Act for the 1-hour ozone and 1997 8-
hour ozone national ambient air quality standards (NAAQS) in the Los
Angeles-South Coast Air Basin (South Coast).

DATES: This interim final determination is effective on May 23, 2014.
However, comments will be accepted until June 23, 2014.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0823, by one of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions.
     Email<EMAIL_ADDRESS>     Mail or deliver: John Ungvarsky, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency Region IX, 75 Hawthorne
Street, San Francisco, CA 94105.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3963<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

I. Background

    On March 28, 2013 (78 FR 18849), we published a final action to
disapprove revisions to the state implementation plan (SIP) submitted
by the State of California to demonstrate compliance with the vehicle
miles traveled (VMT) emissions offset requirement under Clean Air Act
(CAA) section 182(d)(1)(A) with respect to the 1-hour ozone and 8-hour
ozone NAAQS in the South Coast nonattainment area. Under section 110(k)
of the CAA, we disapproved these plan elements because they reflect an
approach to showing compliance with section 182(d)(1)(A) that was
rejected by the Ninth Circuit Court of Appeals in Association of
Irritated Residents v. EPA. This disapproval action became effective on
April 29, 2013 and started a sanctions clock for imposition of offset
sanctions 18 months after April 29, 2013 and highway sanctions 6 months
later, pursuant to CAA section 179 and our regulations at 40 CFR 52.31.
As such, offset sanctions will be applied on October 29, 2014, and
highway sanctions will be applied on April 29, 2015, unless EPA
determines the disapproval has been corrected.
    On February 13, 2013, the State of California submitted, as a
revision to the California SIP, the Final 2012 Air Quality Management
Plan (2012 South Coast AQMP) for the South Coast Air Basin (2012 South
Coast AQMP). The 2012 South Coast AQMP submittal includes Appendix
VIII, Vehicle Miles Traveled Emissions Offset Demonstration (``Appendix
VIII''). On April 3, 2014, the State of California submitted a
technical supplement to the VMT offset demonstrations in Appendix VIII
of the 2012 South Coast AQMP.
    In the Proposed Rules section of today's Federal Register, we are
proposing to approve Appendix VIII and the related technical supplement
as a SIP revision because we believe that it corrects the deficiency
identified in our March 28, 2013 disapproval action. Based on today's
proposed approval, we are taking this interim final rulemaking action,
effective on publication, to defer the imposition of the offset
sanctions and highway sanctions triggered by our March 28, 2013
disapproval.
    EPA is providing the public with an opportunity to comment on this
deferral of sanctions. If comments are submitted that change our
assessment described in this interim final determination and the
proposed full approval of the South Coast VMT Emissions Offset
Demonstrations in Appendix VIII, we intend to take subsequent final
action to reimpose sanctions pursuant to 40 CFR 52.31(d). If no
comments are submitted that change our assessment, then all sanctions
and sanction clocks will be permanently terminated on the effective
date of a final rule approval.

II. EPA Action

    We are making an interim final determination to defer the
imposition of sanctions associated with our disapproval of revisions to
the California SIP based on our concurrent proposal to approve the
State's revision to the Los Angeles-South Coast portion of the
California SIP as correcting the deficiency that initiated sanctions.
    Because EPA has preliminarily determined that the State has
corrected the deficiencies identified in EPA's disapproval action,
relief from sanctions should be provided as quickly as possible.
Therefore, EPA is invoking the good cause exception under the
Administrative Procedure Act (APA) in not providing an opportunity for
comment before this action takes effect (5 U.S.C. 553(b)(3)). However,
by this action EPA is providing the public with a chance to comment on
EPA's determination after the effective date, and EPA will consider any
comments received in determining whether to reverse such action.
    EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. EPA has reviewed the State's submittal and, through
its proposed action, is indicating that it is more likely than not that
the State has corrected the deficiencies that started the sanctions
clocks. Therefore, it is not in the public interest to initially impose
sanctions or to keep applied sanctions in place when the State has most
likely done all it can to correct the deficiencies that triggered the
sanctions clocks. Moreover, it would be impracticable to go through
notice-and-comment rulemaking on a finding that the State has corrected
the deficiencies prior to the rulemaking approving the State's
submittal. Therefore, EPA believes that it is necessary to use the
interim final rulemaking process to defer sanctions while EPA completes
its rulemaking process on the approvability of the State's submittal.
Moreover, with respect to the effective date of this action, EPA is
invoking the good cause exception to the 30-day notice requirement of
the APA because the

purpose of this notice is to relieve a restriction (5 U.S.C.
553(d)(1)).

III. Statutory and Executive Order Reviews

    This action defers federal sanctions and imposes no additional
requirements.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
    This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action.
    The administrator certifies that this action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    This rule does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule does not have tribal implications because it will not
have a substantial direct effect on one or more Indian tribes, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the federal
government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
    This action does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
    This rule is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
    The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply to
this rule because it imposes no standards.
    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to Congress and the Comptroller
General. However, section 808 provides that any rule for which the
issuing agency for good cause finds that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest, shall take effect at such time as the agency promulgating the
rule determines. 5 U.S.C. 808(2). EPA has made such a good cause
finding, including the reasons therefore, and established an effective
date of May 23, 2014. EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 22, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purpose of judicial review nor does
it extend the time within which petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental regulations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 5, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-11509 Filed 5-22-14; 8:45 am]
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[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Pages 19094-19096]
[FR Doc No: 2014-07708]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0597]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Index of Legally Marketed Unapproved New Animal Drugs
for Minor Species; Extension

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 the burden hours associated
with indexing of legal marketed unapproved new animal drugs for minor
species.

DATES: Submit either electronic or written comments on the collection
of information by June 6, 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.

Index of Legally Marketed Unapproved New Animal Drugs for Minor Species
21 CFR Part 516 (OMB Control Number 0910-0620)--Extension

    Description: The Minor Use and Minor Species Animal Health Act of
2004 (MUMS Act) amended the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) to authorize FDA to establish new regulatory procedures
intended to make more medications legally available to veterinarians
and animal owners for the treatment of minor animal species (species
other than cattle, horses, swine, chickens, turkeys, dogs, and cats),
as well as uncommon diseases in major animal species.
    The MUMS Act created three new sections to the FD&C Act (sections
571, 572, and 573), and this final rule implements section 572, which
provides for an index of legally marketed unapproved new animal drugs
for minor species. Participation in any part of the MUMS program is
optional so the associated paperwork only applies to those who choose
to participate. The final rule specifies, among other things, the
criteria and procedures for requesting eligibility for indexing and for
requesting addition to the index as well as the annual reporting
requirements for index holders.
    Under subpart C of part 516, Sec.  516.119 provides requirements
for naming a permanent resident U.S. agent by foreign drug companies,
and Sec.  516.121 provides for informational meetings with FDA. Section
516.123 provides requirements for requesting informal conferences
regarding Agency administrative actions and Sec.  516.125 provides for
investigational use of new animal drugs intended for indexing.
Provisions for requesting a determination of eligibility for indexing
can be found under Sec.  516.129 and provisions for subsequent requests
for addition to the index can be found under Sec.  516.145. A
description of the written report required in Sec.  516.145 can be
found under Sec.  516.143. Under Sec.  516.141 are provisions for drug
companies to nominate a qualified expert panel as well as the panel's
recordkeeping requirements. This section also calls for the submission
of a written conflict of interest statement to FDA by each proposed
panel member. Index holders are able to modify their index listing
under Sec.  516.161 or change drug ownership under Sec.  516.163.
Requirements for records and reports are under Sec.  516.165.
    Description of Respondents: Pharmaceutical companies that sponsor
new animal drugs. FDA estimates the burden for this collection of
information as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR section              Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
516.119.........................               2               1               2               1               2
516.121.........................              30               2              60               4             240
516.123.........................               3               1               3               8              24
516.125.........................               2               3               6              20             120
516.129.........................              30               2              60              20            1200
516.141.........................              20               1              20              16             320
516.143.........................              20               1              20             120            2400
516.145.........................              20               1              20              20             400
516.161.........................               1               1               1               4               4
516.163.........................               1               1               1               2               2
516.165.........................              10               2              20               8             160
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           4,872
----------------------------------------------------------------------------------------------------------------
\1\ There is no capital or operating and maintenance cost associated with this collection of information.

                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                    Number of                        Average
         21 CFR section             Number of      records per    Total annual     burden per      Total hours
                                  recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
516.141........................              30               2              60         \2\ 0.5             30
516.165........................              10               2              20               1             20
                                --------------------------------------------------------------------------------
    Total......................  ..............  ..............  ..............  ..............             50
----------------------------------------------------------------------------------------------------------------
\1\ There is no capital or operating and maintenance cost associated with this collection of information.
\2\ 30 minutes.

    Dated: April 1, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-07708 Filed 4-4-14; 8:45 am]
BILLING CODE 4160-01-P