[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48311-48314]
[FR Doc No: 2013-19214]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0327]
RIN 1625-AA08

Special Local Regulations; Regattas and Marine Parades in the
Captain of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending special local regulations for
annual regattas and marine parades in the Captain of the Port Lake
Michigan Zone. This rule is intended to provide for the safety of life
and property on navigable waters immediately prior to, during, and
immediately after regattas or marine parades. This rule will establish
restrictions upon, and control the movement of, vessels in a portion of
the Captain of the Port Lake Michigan Zone.

DATES: This final rule is effective September 9, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0327. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact MST1 Joseph McCollum, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On April 6, 2007, the Coast Guard published an NPRM for the events
that are listed within this regulation and made them available for
public comment (72 FR 17062). No comments were received. The Coast
Guard followed this NPRM with an Final Rule on September 27, 2007 (72
FR 54832).
    On June 14, 2013, in an effort to provide the public with the most
accurate and up-to-date information regarding these same events, the
Coast Guard published an NPRM entitled Regattas and Marine Parades in
the COTP Lake Michigan Zone in the Federal Register (78 FR 35783). We
did not receive any comments in response to the proposed rule. No
public meeting was requested and none was held.

B. Basis and Purpose

    This rule is intended to ensure safety of life and property on the
navigable waters immediately prior to, during, and immediately after
regattas or marine parades. This rule will establish restrictions upon,
and control the movement of, vessels in a specified area of the Captain
of the Port Lake Michigan zone.
    For each of these events, the Captain of the Port, Lake Michigan,
has determined that the likely combination of a race involving a large
number of competitors, spectators, and transiting water craft in a
congested area of water presents significant safety risks. These risks
include collisions among competitor and spectator vessels, injury to
swimmers from transiting water craft, capsizing, and drowning.
    The authority for this regulation is 33 U.S.C. 1233.

C. Discussion of Comments, Changes, and the Final Rule

    The Coast Guard received no comments on this rule. No changes have
been made.
    This rule will remove 1 event and amend 5 annual marine events
listed in 33 CFR Part 100. This rule will amend 33 CFR Part 100 by
making updates within the following sections:
    33 CFR 100.903, Harborfest Dragon Boat Race; South Haven, MI. The
Harborfest Dragon Boat Race is an annual event involving an estimated
250 participants maneuvering self-propelled vessels within a portion of
the Black River in South Haven, MI. The organizer for this event
submitted a 2013 application showing a date that is different from what
is currently codified within the CFR. For that reason the Coast Guard
will amend 33 CFR 100.903 to reflect an updated effective date for this
event of Saturday and Sunday of the 4th weekend of June, from 6 a.m.
until 7 p.m.
    33 CFR 100.904; Celebrate Americafest; Green Bay, WI. This event
will be removed by this rule because it has been codified within 33 CFR
165.929 Safety Zones; Annual events requiring safety zones in the
Captain of the Port Lake Michigan zone. The Coast Guard determined from
past experience that a safety zone best addresses the safety hazards
associated with this event.
    33 CFR 100.905; Door County Triathlon; Door County, WI. The swim
portion of the Door County Triathlon is expected to involve thousands
of participants in the waters of Horseshoe Bay--a portion of Green Bay.
As this event is currently listed, the effective date expired on July
23 and 24, 2011. The Coast Guard has spoken with the event organizer
and confirmed that this Triathlon is expected to reoccur

annually. For that reason, the Coast Guard will amend 33 CFR 100.905 to
reflect an updated effective date for this event. Likewise, this rule
will amend the location and size of the regulated area for this event.
This rule will shrink the size of the regulated area by 1000 yards and
move the regulated area into the waters of Horseshoe Bay, some 600
yards southeast of its currently-listed location.
    33 CFR 100.906; Grand Haven Coast Guard Festival Waterski Show;
Grand Haven, MI. This rule will amend the effective date of this event
so that, should the date change, the Coast Guard will give notice to
the public of the effective date by Notice of Enforcement.
    33 CFR 100.907; Milwaukee River Challenge; Milwaukee, WI. The
Milwaukee River Challenge is a rowing competition involving 40' and 60'
rowing shells. The event is expected to involve hundreds of
participants and spectators. The event organizer for the Milwaukee
River Challenge informed the Coast Guard that the Milwaukee River
Challenge Race will take place at an earlier time than is currently
listed in 33 CFR 100.907. The event organizer further informed the
Coast Guard that the rowing shells involved in the Milwaukee River
Challenge will race along a portion of the Menomonee River as well as
the Milwaukee River. As it is currently listed in 33 CFR 100.907, only
the Milwaukee River is named within the ``Regulated Area'' section.
This rule will add the Menomonee River to the ``Regulated Area''
section, as well as update the effective date to the third Saturday of
September; from 8 a.m. to 4 p.m.
    33 CFR 100.909; Chinatown Chamber of Commerce Dragon Boat Race;
Chicago, IL. The Chinatown Chamber of Commerce Dragon Boat Race is an
annual event involving an estimated 1000 participants maneuvering self-
propelled vessels within a portion of the Chicago River in Chicago, IL.
The organizer for this event submitted an application showing a date
that is different from what is currently codified within the CFR, and
is expected to differ in the future. For that reason the Coast Guard
will amend 33 CFR 100.909 to reflect an updated effective date for this
event of the second Friday and Saturday of July from 11:30 a.m. to 5
p.m.
    The Captain of the Port, Lake Michigan will notify the public of
the enforcement of the special local regulations in this rule by all
appropriate means. Such means of notification will include, but are not
limited to, Broadcast Notice to Mariners and Local Notice to Mariners.
    The events within this rule are expected to occur on certain dates
each year. Because these dates are subject to change, the Coast Guard
will provide notice of any change in date via a Notice of Enforcement.
Additionally, the Coast Guard will also provide notice via a Broadcast
Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The special local regulations established by
this rule will be periodic, of short duration, and are designed to
minimize impact on navigable waters. Thus, restrictions on vessel
movement are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the regulated areas when
permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
or anchor in affected waters within the Lake Michigan Zone on the days
in which these special local regulations are enforced.
    This rule will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of these regulated areas, we would issue local Broadcast
Notice to Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. If this
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in FOR FURTHER
INFORMATION CONTACT section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to

coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or
vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of regulated areas
and, therefore it is categorically excluded from further review under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Revise Sec.  100.903 to read as follows:

Sec.  100.903  Harborfest Dragon Boat Race; South Haven, MI.

    (a) Regulated Area. A regulated area is established on the Black
River in South Haven, MI within the following coordinates starting at
42[deg]24'13.6'' N, 086[deg]16'41'' W; then southeast 42[deg]24'12.6''
N, 086[deg]16'40'' W; then northeast to 42[deg]24'19.2'' N,
086[deg]16'26.5'' W; then northwest to 42[deg]24'20.22'' N,
086[deg]16'27.4'' W; then back to point of origin (NAD 83).
    (b) Special Local Regulations. The regulations in Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually on the
Saturday and Sunday of the 4th weekend of June, from 6 a.m. until 7
p.m. The time and date for this event are subject to change. In the
event of a schedule change, the Coast Guard will issue a Notice of
Enforcement with the exact date and time that this regulated area will
be enforced.

Sec.  100.904  [Removed]

0
3. Remove Sec.  100.904 Celebrate Americafest, Green Bay, WI.

0
4. Revise Sec.  100.905 to read as follows:

Sec.  100.905  Door County Triathlon; Door County, WI.

    (a) Regulated Area. A regulated area is established to include all
waters of Horseshoe Bay within a 1000-yard radius from a position at
45[deg]00'52.6'' N, 087[deg]20'6.7'' W (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually on the
Saturday and Sunday of the third weekend of July; from 7 a.m. to 10
a.m. The time and date for this event are subject to change. In the
event of a schedule change, the Coast Guard will issue a Notice of
Enforcement with the exact date and time that this regulated area will
be enforced.

0
5. Revise Sec.  100.906 to read as follows:

Sec.  100.906  Grand Haven Coast Guard Festival Waterski Show, Grand
Haven, MI.

    (a) Regulated Area. All waters of the Grand River at Waterfront
Stadium from approximately 350 yards upriver to 150 yards downriver of
Grand River Lighted Buoy 3A (Light list number 19000) within the
following coordinates: 43[deg]04' N, 086[deg]14'12'' W; then east to
43[deg]03'56'' N, 086[deg]14'4'' W; then south to 43[deg]03'45'' N,
086[deg]14'10'' W; then west to 43[deg]03'48'' N, 086[deg]14'17'' W;
then back to the point of origin (NAD 83).
    (b) Special Local Regulations. The regulations in Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually the
Tuesday before the first Saturday in August; 7 p.m. to 9 p.m. The time
and date for this event are subject to change. In the event of a
schedule change, the Coast Guard will issue a Notice of Enforcement
with the exact date and time that this regulated area will be enforced.

0
6. Revise Sec.  100.907 to read as follows:

Sec.  100.907  Milwaukee River Challenge; Milwaukee, WI.

    (a) Regulated Area. All waters of the Milwaukee River from the
junction with the Menomonee River at position 43[deg]01'54.9'' N,
087[deg]54'37.6'' W to the

East Pleasant St. Bridge at position 43[deg]03'5.7'' N,
087[deg]54'28.1'' W (NAD 83). All waters of the Menomonee River from
the North 25th St. Bridge at position 43[deg]01'57.4'' N,
087[deg]56'40.9'' W to the junction with the Milwaukee River (NAD 83).
    (b) Special Local Regulations. The regulations in Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective date. These regulations are effective annually on the
third Saturday of September; from 8 a.m. to 4 p.m. The time and date
for this event are subject to change. In the event of a schedule
change, the Coast Guard will issue a Notice of Enforcement with the
exact date and time that this regulated area will be enforced.

0
7. Revise Sec.  100.909 to read as follows:

Sec.  100.909  Chinatown Chamber of Commerce Dragon Boat Race; Chicago,
IL.

    (a) Regulated Area. All waters of the South Branch of the Chicago
River from the West 18th Street Bridge at position 41[deg]51'28'' N,
087[deg]38'06'' W to the Amtrak Bridge at position 41[deg]51'20'' N,
087[deg]38'13'' W (NAD 83).
    (b) Special Local Regulations. The regulations in Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually on the
second Friday and Saturday of July from 11:30 a.m. to 5 p.m. The time
and date for this event are subject to change. In the event of a
schedule change, the Coast Guard will issue a Notice of Enforcement
with the exact date and time that this regulated area will be enforced.

    Dated: July 26, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-19214 Filed 8-7-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Notices]
[Pages 41760-41761]
[FR Doc No: 2019-17557]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33587; File No. 812-15041]

Forum Funds, et al.

August 12, 2019.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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

    Notice of an application for an order under section 12(d)(1)(J) of
the Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 12(d)(1)(A) and (B) of the Act and under sections 6(c) and
17(b) of the Act for an exemption from sections 17(a)(1) and (2) of the
Act.
    The requested order would permit certain registered open-end
investment companies to acquire shares of certain registered open-end
investment companies that are outside of the same group of investment
companies as the acquiring investment companies, in excess of the
limits in section 12(d)(1) of the Act.
    Applicants: Forum Funds (the ``Trust''), a Delaware statutory trust
registered under the Act as an open-end investment company with
multiple series; Absolute Investment Advisers LLC, a Massachusetts
limited liability company registered as an investment adviser under the
Investment Advisers Act of 1940 (the ``Initial Adviser,''), and
Foreside Fund Services, LLC (the ``Distributor''), a Delaware limited
liability company registered as a broker-dealer under the Securities
Exchange Act of 1934 (``Exchange Act'').
    Filing Dates: The application was filed on June 17, 2019 and
amended on July 26, 2019.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on September 6, 2019, and should be accompanied by proof of
service on the applicants, in the form of an affidavit, or, for
lawyers, a certificate of service. Pursuant to Rule 0-5 under the Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE, Washington, DC 20549-1090. Applicants: Stacy L. Fuller,
Esq., K&L Gates LLP, 1601 K Street NW, Washington, DC 20006; Zachary R.
Tackett, Esq., Atlantic Fund Administration, LLC, Three Canal Plaza,
Portland, ME 04101; and David Faherty, Esq., Absolute Investment
Advisers LLC, 4 North Street, Suite 2, Hingham, MA 02043.

FOR FURTHER INFORMATION CONTACT: Laura L. Solomon, Senior Counsel, at
(202) 551-6915, or Kaitlin C. Bottock, 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 website 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>.

Summary of the Application

    1. Applicants request an order to permit (a) registered open-end
management investment companies (the ``Investing Funds'') that are not
part of the same ``group of investment companies,'' as defined in
section 12(d)(1)(G)(ii) of the Act, as the Trust, to acquire shares in
series of the Trust (the ``Funds'') \1\ in excess of the limits in
section 12(d)(1)(A) of the Act \2\ and (b) the Funds, any principal
underwriter for a Fund, and any broker or dealer registered under the
Exchange Act (a ``Broker'') to sell shares of the Funds to the
Investing Funds in excess of the limits of section 12(d)(1)(B) of the
Act. Applicants also request an order under sections 6(c) and 17(b) of
the Act to exempt applicants from section 17(a) to the extent necessary
to permit a Fund to sell its shares to, and redeem its shares from, an
Investing Fund.
---------------------------------------------------------------------------

    \1\ Applicants request that the relief apply to: (1) Each
registered, open-end management investment company or series thereof
that currently or subsequently is part of the same `group of
investment companies,' within the meaning of Section 12(d)(1)(G)(ii)
of the Act, as the Trust and is advised by the Initial Adviser or
its successor or any other investment adviser controlling,
controlled by or under common control with the Initial Adviser or
its successor (each, including the Initial Adviser, an ``Adviser'')
(included in the term `Funds'); (2) each Investing Fund that enters
into a Participation Agreement (as defined in the Application) with
a Fund to purchase shares of the Fund; and (3) any principal
underwriter to a Fund or Broker selling shares of a Fund. For
purposes of the requested order, ``successor'' is limited to an
entity that results from a reorganization into another jurisdiction
or a change in the type of business organization.
    \2\ Certain of the Funds created in the future may be registered
under the Act as open-end management investment companies and may
have received exemptive relief to permit their shares to be listed
and traded on a national securities exchange at negotiated prices.
---------------------------------------------------------------------------

    2. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the Application.
Such terms and conditions are designed to, among other things, help
prevent any potential (i) undue influence over a Fund through control
or in connection with certain services, transactions, and
underwritings; (ii) excessive layering of fees; and (iii) overly
complex fund structures, which are the concerns

underlying the limits in sections 12(d)(1)(A) and (B) of the Act.
    3. Section 12(d)(1)(J) 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 provision of section
12(d)(1) if the exemption is consistent with the public interest and
the protection of investors. Section 17(b) of the Act authorizes the
Commission to grant an order permitting a transaction otherwise
prohibited by section 17(a) if it finds that (a) the terms of the
proposed transaction are fair and reasonable and do not involve
overreaching on the part of any person concerned; (b) the proposed
transaction is consistent with the policies of each registered
investment company involved; and (c) the proposed transaction is
consistent with the general purposes of the Act. Section 6(c) of the
Act permits the Commission to exempt any persons or transactions from
any provision of the Act 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.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-17557 Filed 8-14-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9932-9934]
[FR Doc No: 2020-03349]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0019]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 11 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate
commerce. They are unable to meet the vision requirement in one eye for
various reasons. The exemptions enable these individuals to operate
CMVs in interstate commerce without meeting the vision requirement in
one eye.

DATES: The exemptions were applicable on January 30, 2020. The
exemptions expire on January 30, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2019-0019 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    On December 30, 2019, FMCSA published a notice announcing receipt
of applications from 11 individuals requesting an exemption from vision
requirement in 49 CFR 391.41(b)(10) and requested comments from the
public (84 FR 72114). The public comment period ended on January 29,
2020, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with Sec.  391.41(b)(10).
    The physical qualification standard for drivers regarding vision
found in Sec.  391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on medical reports about the applicants' vision, as well as their
driving records and experience driving with the vision deficiency. The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail in the December 30, 2019, Federal
Register notice (84 FR 72114) and will not be repeated here.
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their
limitation and demonstrated their ability to drive safely. The 11
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including amblyopia, corneal scar, macular scar, optic nerve
hypoplasia, optic neuropathy, prosthesis, and retinal vein occlusion.
In most cases, their eye conditions did not develop recently. Six of
the applicants were either born with their vision impairments or have
had them since childhood. The five individuals that developed their
vision conditions as adults have had them for a range of 4 to 35 years.
Although each applicant has one eye that does not meet the vision
requirement in Sec.  391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and, in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV.
    Doctors' opinions are supported by the applicants' possession of a
valid license to operate a CMV. By meeting State licensing
requirements, the applicants demonstrated their ability to operate a
CMV with their limited vision in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. We
believe that the applicants' intrastate driving experience and history
provide an adequate basis for predicting their ability to drive safely
in interstate commerce. Intrastate driving, like interstate operations,
involves substantial driving on highways on the interstate system and
on other roads built to interstate standards. Moreover, driving in
congested urban areas exposes the driver to more pedestrian and
vehicular traffic than exists on interstate highways. Faster reaction
to traffic and traffic signals is generally required because distances
between them are more compact. These conditions tax visual capacity and
driver response just as intensely as interstate driving conditions.
    The applicants in this notice have driven CMVs with their limited
vision in careers ranging for 6 to 64 years. In the past 3 years, no
drivers were involved in crashes, and no drivers were convicted of
moving violations in CMVs. All the applicants achieved a record of
safety while driving with their vision impairment that demonstrates the
likelihood that they have adapted their driving skills to accommodate
their condition. As the applicants' ample driving histories with their
vision deficiencies are good predictors of future performance, FMCSA
concludes their ability to drive safely can be projected into the
future.
    Consequently, FMCSA finds that in each case exempting these
applicants from the vision requirement in Sec.  391.41(b)(10) is likely
to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must be physically examined every year (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in Sec.  391.41(b)(10) and
(b) by a certified medical examiner (ME) who attests that the
individual is otherwise physically qualified under Sec.  391.41; (2)
each driver must provide a copy of the ophthalmologist's or
optometrist's report to the ME at the time of the annual medical
examination; and (3) each driver must provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file, or keep a copy in his/her driver's qualification
file if he/she is self-employed. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 11 exemption applications, FMCSA
exempts the following drivers from the vision requirement, Sec.
391.41(b)(10), subject to the requirements cited above:

Brian K. Boyd (TX)
Gary E. Collins (GA)
Anthony A. DeCarlo (NC)
Darrel G. Jenkins (KY)
Travis London (NC)
Vincent M. Najera (CA)
Jameson A. Otto (CA)
Gerardo A. Padron (FL)
Charles J. Rowsey (NC)
Kenneth C. Stump (FL)
Jose M. Vasquez (NY)

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption
will be valid for 2 years from the effective date unless revoked
earlier by FMCSA. The exemption will be revoked if the following
occurs: (1) The person fails to comply with the terms and conditions of
the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained prior to being granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315(b).

    Issued on: February 10, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-03349 Filed 2-19-20; 8:45 am]
 BILLING CODE 4910-EX-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request USEPA/ Office of Enforcement and Compliance Assurance/ Office of Compliance 2. OMB control number b. G None a. 2060 0443 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title The Consolidated Federal Air Rule for SOCMI ( Renewal)

8. Agency form number( s) ( If applicable) EPA ICR Number 1854.04 9. Keywords Environmental Protection Agency, Air Pollution Control, Hazardous Air Pollutants, Reporting and Recordkeeping Requirements 10. Abstract Respondents are owners and operators of facilities in the synthetic organic chemical manufacturing industry. Respondents will submit initial notification, initial compliance reports, exception reports and periodic monitoring information indicating the performance of air pollution controls.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. x Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 3,913 b. Total annual responses 11,447 1. Percentage of these responses collected electronically 20 %

c. Total hours requested 2,057,270 d. Current OMB inventory 2,165,600 e. Difference ( 108,330)

f. Explanation of difference 1. Program Change ( 35,758)

2. Adjustment ( 72,572) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 3,404 b. Total annual costs ( O& M) $ 91,956 c. Total annualized cost requested $ 95,360 d. Current OMB inventory $ 99,921 e. Difference $ ( 4,561) f. Explanation of difference 1. Program change $ 0 2. Adjustment $ ( 4,561)

15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. Application for benefits e. Program planning or management b. Program evaluation f. Research c. General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. X Semi annually 6. X Annually 7. Q Biannually 8. X Other ( describe) Initially 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Marcia B. Mia Phone: 202 564 7042 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3):

( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement. Signature of Program Official Michael S. Alushin, Director Compliance Assessment and Media Programs Division Office of Compliance Office of Enforcement and Compliance Assurance Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95


[Federal Register: October 17, 2008 (Volume 73, Number 202)]
[Notices]
[Page 61919-61922]
[DOCID:fr17oc08-153]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Notice of Fiscal Year 2009 Safety Grants and Solicitation for
Applications

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

ACTION: Notice.

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

SUMMARY: This notice is intended to announce the Fiscal Year (FY) 2009
FMCSA safety grant opportunities and to provide schedules and
directions for those grant programs posted on grants.gov (http://
www.grants.gov). FMCSA disseminates funds and oversees grants awarded
in support of 11 safety programs. These programs

consist of the Motor Carrier Safety Assistance Program (MCSAP) Basic
and Incentive grants, MCSAP New Entrant Safety Audit grants, MCSAP High
Priority grants, Commercial Motor Vehicle (CMV) Operator Safety
Training grants, Border Enforcement grants (BEG), Commercial Driver's
License Program Improvement (CDLPI) grants, Commercial Driver's License
Information System (CDLIS) Modernization grants, Performance and
Registration Information Systems Management (PRISM) grants, Safety Data
Improvement Program grants (SaDIP), and Commercial Vehicle Information
Systems and Networks (CVISN) grants. Each of these grant programs was
provided for in the Agency's most recent authorization, the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU). The purpose of this Notice is to provide a
comprehensive source of information regarding the opportunities for
funding under the FMCSA's grant programs.

SUPPLEMENTARY INFORMATION: Additional information is provided below for
each individual grant program.

MCSAP Basic and Incentive Grants

    Sections 4101 and 4107 of SAFETEA-LU authorize the Motor Carrier
Safety Grants funding for FY 2006 through FY 2009. MCSAP Basic and
Incentive grants are governed by 49 U.S.C. 31102-31104 and 49 CFR Part
350. Under the Basic and Incentive grant programs, a State lead MCSAP
agency, as designated by its Governor, is eligible to apply for Basic
and Incentive grant funding by submitting a commercial vehicle safety
plan (CVSP). See 49 CFR 350.201 and 205. Pursuant to 49 CFR 350.303,
FMCSA will reimburse each lead State MCSAP agency 80 percent of
eligible costs incurred in a fiscal year. Each lead agency will provide
a 20 percent match to qualify for the program. In accordance with 49
CFR 350.323, the Basic grant funds will be distributed proportionally
to each State's lead MCSAP agency using the following four equally
weighted (25 percent) factors:
    (1) 1997 road miles (all highways) as defined by the FMCSA;
    (2) All vehicle miles traveled (VMT) as defined by the FMCSA;
    (3) Population--annual census estimates as issued by the U.S.
Census Bureau; and
    (4) Special fuel consumption (net after reciprocity adjustment) as
defined by the FMCSA.

A State lead MCSAP agency may qualify for Incentive Funds if it can
demonstrate that its CMV safety program has shown improvement in any or
all of the following five categories:
    (1) Reduction in the number of large truck-involved fatal
accidents;
    (2) Reduction in the rate of large-truck-involved fatal accidents
or maintenance of a large-truck-involved fatal accident rate that is
among the lowest 10 percent of such rates for MCSAP recipients and is
not higher than the rate most recently achieved;
    (3) Upload of CMV accident reports in accordance with current FMCSA
policy guidelines;
    (4) Verification of Commercial Driver's Licenses during all
roadside inspections; and
    (5) Upload of CMV inspection data in accordance with current FMCSA
policy guidelines. Incentive funds will be distributed in accordance
with 49 CFR 350.327(b).
    Prior to the start of each fiscal year, FMCSA calculates the amount
of Basic and Incentive Funding each State is expected to receive. This
information is provided to the States and is made available on the
Agency's Web site at www.fmcsa.dot.gov/documents/safety-security/
ATTCHMNT3-Est-09-Funding-Planning-Dist.pdf.
    For FY 2009, $152,387,000 for Basic grant funding and $10,000,000
for Incentive grant funding is expected to be available. It should be
noted that Basic and Incentive grants are awarded based on the State's
submission of the CVSP. The evaluation factors described in the section
below titled ``Application Information for FY 2009 Grants'' will not be
considered and submission of applications to grants.gov is not
necessary.

New Entrant Safety Audit Grants

    Sections 4101 and 4107 of SAFETEA-LU also authorize the Motor
Carrier Safety Grants funding for FY 2006 through FY 2009 to enable
grant recipients to conduct interstate New Entrant safety audits
consistent with 49 CFR Parts 350.321 and 385.301. State and local
governments are eligible to apply. The FMCSA's share of these grant
funds will be 100 percent for State agencies. New Entrant grant
applications must be submitted electronically through grants.gov.
    For FY 2009, the level of funding is expected to be up to
$29,000,000 for New Entrant Safety Audits.

MCSAP High Priority Grants

    Section 4101 of SAFETEA-LU also authorizes the Motor Carrier Safety
Grants funding for FY 2006 through FY 2009 to enable recipients to
carry out activities and projects that improve CMV safety and
compliance with CMV regulations. Funding is available for projects that
are national in scope, increase public awareness and education,
demonstrate new technologies and reduce the number and rate of CMV
accidents. Eligible recipients are State agencies, local governments,
and organizations representing government agencies that use and train
qualified officers and employees in coordination with State motor
vehicle safety agencies.
    For grants awarded for public education activities, the Federal
share will be 100 percent. For all High Priority grants other than
those awarded in support of public education activities, the FMCSA will
provide reimbursements for no more than 80 percent of all eligible
costs, and recipients will be required to provide a 20 percent match.
FMCSA may reserve up to $5 million in FY 2009 High Priority funding
exclusively for innovative traffic enforcement projects, with
particular emphasis on work zone enforcement and rural road safety.
Also, FMCSA may reserve up to $10 million for an innovative traffic
enforcement initiative known as ``Ticketing Aggressive Cars and
Trucks'' or TACT. TACT provides a research-based safety model that can
be replicated by States when conducting a high-visibility traffic
enforcement program to promote safe driving behaviors among car and
truck drivers. The objective of this program is to reduce the number of
commercial truck and bus related crashes, fatalities and injuries
resulting from improper operation of motor vehicles and aggressive
driving behavior. More information regarding TACT can be found at
http://www.fmcsa.dot.gov/safety-security/tact/abouttact.htm.
    Consistent with Section 4107 of SAFETEA-LU, for FY 2009, up to
$15,000,000 of High Priority grant funds are expected to be available.
High Priority grant applications must be submitted electronically
through grants.gov.

CMV Operator Safety Training Grants

    Section 4134 of SAFETEA-LU establishes a grant program which
enables recipients to train current and future drivers in the safe
operation of CMVs, as defined in 49 U.S.C. 31301(4). Eligible awardees
include State governments, local governments, and accredited post-
secondary educational institutions (public or private) such as
colleges, universities, vocational-technical schools and truck driver
training schools. Funding priority for this discretionary grant funding
will be given to regional or multi-state

educational or nonprofit associations serving economically distressed
regions of the United States. The Federal share of these funds will be
80 percent, and the recipients will be required to provide a 20 percent
match. CMV Operatory Safety Training grant applications must be
submitted electronically through grants.gov.
    For FY 2009, $1,000,000 of CMV Operator Safety Training grant funds
are expected to be available.

Border Enforcement Grants (BEG)

    Section 4110 of SAFETEA-LU established the BEG program. The purpose
of this discretionary program is to provide funding for border CMV
safety programs and related enforcement activities and projects. An
entity or a State that shares a land border with another country is
eligible to receive this grant funding. Eligible awardees include State
governments, local governments, and entities (i.e. accredited post-
secondary educational institutions (public or private) such as
universities). Requests from entities must be coordinated with the
State lead CMV inspection agency. Applications must include a Border
Enforcement Plan and meet the required maintenance of expenditure
requirement. BEG awards will take into consideration the State or
entity's performance on previous BEG awards; its ability to expend the
awarded funds with the BEG performance year; and activities meeting the
BEG national criteria established by the FMCSA. As established by
SAFETEA-LU, the Federal share of these funds will be 100 percent, and
there is no matching requirement. BEG grant applications must be
submitted electronically through grants.gov.
    For FY 2009, $32,000,000 of BEG grant funds are expected to be
available.

CDLPI Grant

    Section 4124 of SAFETEA-LU includes a discretionary grant program
that provides funding for improving States' implementation of the
Commercial Driver's License (CDL) program, including expenses for
computer hardware and software, publications, testing, personnel,
training Funds may not be used to rent, lease, or buy land or
buildings. The agency designated by each State as the primary driver
licensing agency responsible for the development, implementation, and
maintenance of the CDL program is eligible to apply for grant funding.
State grant proposals must include the State's assessment of its CDL
and a detailed budget explaining how the funds will be used. The
Federal share of funds for projects awarded under this grant is
established by SAFETEA-LU as 100 percent. Therefore, there is no State
matching requirement. The funding opportunity announcement on
grants.gov will provide more detailed information on the application
process; national funding priorities for FY 2009; evaluation criteria;
required documents and certifications; State maintenance of expenditure
requirements; and additional information related to the availability of
funds. Additional information is listed later in this document. CLDPI
grant applications must be submitted electronically through grants.gov.
    For FY 2009, $25,000,000 of grant funds are expected to be
available.

CDLIS Modernization Grants

    Section 4123 of SAFETEA-LU includes a discretionary grant program
that provides funding for modernization of CDLIS. This section includes
funds for States to upgrade their driver licensing information systems
for the specific purpose of making them compatible with the new
modernized CDLIS specifications. The agency in each State designated as
the primary driver licensing agency responsible for the development,
implementation, and maintenance of the CDL program is eligible to apply
for grant funding. The Federal share of the funds for projects awarded
under this grant is established by SAFETEA-LU as 80 percent; there is a
20 percent matching requirement. States may use in-kind contributions
to meet this matching requirement (including annual CDLIS pointer
fees). Funds are available to any State that is in substantial
compliance with the requirements of 49 U.S.C. 31311 and submits a grant
proposal that qualifies under the conditions in this notice, including
assuming the responsibility of incorporating the new CDLIS
specifications and improving its commercial driver licensing system.
State grant proposals must include a detailed budget explaining how the
funds will be used and how the State will meet the matching
requirements. The funding opportunity announcement on grants.gov will
provide more detailed information on the application process; eligible
projects under the CDLIS Modernization plan; evaluation criteria;
required documents and certifications; and additional information
related to the availability of funds. Additional information is listed
later in this document. CDLIS Modernization grant applications must be
submitted electronically through grants.gov.
    For FY 2009, $8,000,000 of grant funds are expected to be
available.

SaDIP Grants

    Section 4128 of SAFETEA-LU establishes the Safety Data Improvement
Program (SaDIP). The legislation supports a discretionary grant program
that provides funding for States to improve the quality of large truck
and bus crash and inspection data reported by the States to FMCSA.
Eligible awardees include a State agency located in one of the fifty
States, the District of Columbia, Puerto Rico, Northern Mariana
Islands, American Samoa, Guam, and the U.S. Virgin Islands. SaDIP grant
applications must be submitted electronically through grants.gov.
    For FY 2009, $3,000,000 of grant funds are expected to be
available.

PRISM Grants

    Section 4109 of SAFETEA-LU provides funding for States to implement
the Performance and Registration Information Systems Management (PRISM)
requirements that link Federal motor carrier safety information systems
with State CMV registration and licensing systems to enable a State to
determine the safety fitness of a motor carrier or registrant when
licensing or registering or while the license or registration is in
effect. PRISM grant applications must be submitted electronically
through grants.gov.
    In FY 2009, $5,000,000 of grant funds are expected to be available.

CVISN Grants

    Section 4126 of SAFETEA-LU provides funding for States to deploy,
operate, and maintain elements of their Commercial Vehicle Information
Systems and Networks (CVISN) Program, including commercial vehicle,
commercial driver, and carrier-specific information systems and
networks. The agency in each State designated as the primary agency
responsible for the development, implementation, and maintenance of a
CVISN-related system is eligible to apply for grant funding.
    Section 4126 of SAFETEA-LU distinguishes between two types of CVISN
projects: Core and Expanded. To be eligible for funding of Core CVISN
deployment project(s), a State must have its most current Core CVISN
Program Plan and Top-Level Design approved by FMCSA and the proposed
project(s) should be consistent with its approved Core CVISN Program
Plan and Top-Level Design. If a State does not have a Core CVISN
Program Plan and Top-Level Design, it may apply for up to $100,000 in
funds to either compile or update a Core CVISN Program Plan and Top-
Level Design.

    A State may also apply for funds to prepare an Expanded CVISN
Program Plan and Top-Level Design if FMCSA acknowledged the State as
having completed Core CVISN deployment. In order to be eligible for
funding of any Expanded CVISN deployment project(s), a State must have
its most current Expanded CVISN Program Plan and Top-Level Design
approved by FMCSA and any proposed Expanded CVISN project(s) should be
consistent with its Expanded CVISN Program Plan and Top-Level Design.
If a State does not have an Expanded CVISN Program Plan and Top-Level
Design, it may apply for up to $100,000 in funds to either compile or
update an Expanded CVISN Program Plan and Top-Level Design.
    In FY 2009, $25,000,000 of CVISN grant funds are expected to be
available. CVISN grant applications must be submitted electronically
through grants.gov. Awards for approved CVISN grant applications are
made on a first-come, first-served basis.
    Application Information for FY 2009 Grants: (Note: This section is
not applicable to MCSAP Basic and Incentive grant application
processes.) Visit www.grants.gov. Information on the grant, application
process, and additional contact information is available at that Web
site. General information about the FMCSA grant programs is available
in the Catalog of Federal Domestic Assistance (CFDA) which can be found
on the Internet at http://www.cfda.gov. To apply for funding,
applicants must register with grants.gov at http://www.grants.gov/
applicants/get-registered.jsp and submit an application in accordance
with instructions provided.
    Evaluation Factors: The following evaluation factors will be used
in reviewing the applications for all FMCSA discretionary grants.
    (1) Prior performance--Completion of identified programs and goals
per the project plan.
    (2) Effective Use of Prior Grants--Demonstrated timely use of
available funds.
    (3) Cost Effectiveness--Applications will be evaluated and
prioritized on the expected impact on safety relative to the investment
of grant funds. Where appropriate, costs per unit will be calculated
and compared with national averages to determine effectiveness. In
other areas, proposed costs will be compared with historical
information to confirm reasonableness.
    (4) Applicability to announced priorities--If national priorities
are included in the grants.gov notice, those grants that specifically
address these issues will be given priority consideration.
    (5) Ability of the applicant to support the strategies and
activities in the proposal for the entire project period of
performance.
    (6) Use of innovative approaches in executing a project plan to
address identified safety issues.
    (7) Feasibility of overall program coordination and implementation
based upon the project plan.
    (8) Grant specific evaluation factors as described in the
grants.gov application information. The FMCSA provides information on
its Web site outlining past fiscal year (FY) MCSAP Basic, Incentive,
and discretionary grants funding by State (http://www.fmcsa.dot.gov/
safety-security/safety-initiatives/mcsap/funding.htm).

DATES: For the following discretionary grant programs, FMCSA will
consider funding completed applications between the following dates:

New Entrant Safety Audits Grants--October 1, 2008-December 1, 2008
Border Enforcement Grants--October 1, 2008-November 15, 2008
MCSAP High Priority Grants--October 1, 2008
CMV Operator Safety Training Grants--October 1, 2008-December 1, 2008
CDLPI Grants--November 1, 2008-January 30, 2009
CDLIS Modernization Grants--November 15, 2008-February 15, 2009
SaDIP Grants--November 1, 2008-February 1, 2009
PRISM Grants--January 1, 2009-March 1, 2009
CVISN Grants--January 1, 2009-July 15, 2009

    When each of those applications has been reviewed, and funding has
been awarded as appropriate, applications submitted after these due
dates may be considered on a case-by-case basis.

FOR FURTHER INFORMATION CONTACT: Please contact the following FMCSA
staff with questions or needed information on the Agency's grant
programs:

New Entrant Safety Audits Grants--Arthur Williams,
<EMAIL_ADDRESS>202-366-3695
Border Enforcement Grants--Carla Vagnini<EMAIL_ADDRESS>202-
366-3771
MCSAP High Priority Grants--Cim Weiss<EMAIL_ADDRESS>202-366-0275
CMV Operator Safety Training Grants--Julie Otto<EMAIL_ADDRESS>
202-366-0710
CDLPI Grants--Brandon Poarch<EMAIL_ADDRESS>202-366-3030
CDLIS Modernization Grants--Brandon Poarch<EMAIL_ADDRESS>
202-366-3030
SaDIP Grants--Suzanne Cotty<EMAIL_ADDRESS>202-493-0304
PRISM Grants--Tom Lawler<EMAIL_ADDRESS>202-366-3866
CVISN Grants--Jeff Secrist<EMAIL_ADDRESS>202-385-2367

    All staff may be reached at FMCSA, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Office hours are from 8 a.m. to 4:30 p.m., EST,
Monday through Friday, except Federal holidays.

    Issued on: October 7, 2008.
William A. Quade,
Associate Administrator for Enforcement and Program Delivery.
Terry Shelton,
Associate Administrator for Research and Information Technology.
 [FR Doc. E8-24697 Filed 10-16-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Notices]
[Pages 13903-13905]
[FR Doc No: 2020-04877]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-6084]

Type 2 Diabetes Mellitus: Evaluating the Safety of New Drugs for
Improving Glycemic Control; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled ``Type 2
Diabetes Mellitus: Evaluating the Safety of New Drugs for Improving
Glycemic Control.'' This draft guidance replaces the guidance for
industry entitled ``Diabetes Mellitus--Evaluating Cardiovascular Risk
in New Antidiabetic Therapies to Treat Type 2 Diabetes'' and the draft
guidance for industry ``Diabetes Mellitus: Developing Drugs and
Therapeutic Biologics for Treatment and Prevention,'' both of which are
being withdrawn. This draft guidance outlines the Agency's current
recommendations on the evaluation of safety for new drugs and biologics
to improve glycemic control in patients with type 2 diabetes.
Publication of this guidance is intended to provide clarity on the
expectations for the development of drugs and biologics to improve
glycemic control and to serve as a focus for commentary and feedback.

DATES: Submit either electronic or written comments on the draft
guidance by June 8, 2020 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-N-6084 for ``Type 2 Diabetes Mellitus: Evaluating the Safety
of New Drugs for Improving Glycemic Control.'' Received comments will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on

https://www.regulations.gov. Submit both copies to the Dockets
Management Staff. If you do not wish your name and contact information
to be made publicly available, you can provide this information on the
cover sheet and not in the body of your comments and you must identify
this information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Silvana Borges, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 3200, Silver Spring, MD 20993-0002, 301-
796-0963.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Type 2 Diabetes Mellitus: Evaluating the Safety of New Drugs
for Improving Glycemic Control.'' This draft guidance replaces the
guidance for industry entitled ``Diabetes Mellitus--Evaluating
Cardiovascular Risk in New Antidiabetic Therapies to Treat Type 2
Diabetes,'' published in December 2008, and the draft guidance for
industry ``Diabetes Mellitus: Developing Drugs and Therapeutic
Biologics for Treatment and Prevention,'' published in February 2008,
both of which are being withdrawn.
    In response to questions and concerns about increased
cardiovascular risk with certain antidiabetic therapies, FDA convened
an advisory committee meeting in July 2008 to discuss the role of
cardiovascular risk assessments for the safety evaluation of drugs and
biologics developed for the treatment of type 2 diabetes. Based, in
part, on comments expressed at that meeting, the Agency issued a
guidance for industry in December 2008 outlining recommendations on the
evaluation of cardiovascular risk for new antidiabetic therapies. That
guidance stated that developers should demonstrate that new
antidiabetic drugs and biologics would not result in an unacceptable
increase in cardiovascular risk.
    Since that time, FDA has reviewed the results of several
cardiovascular outcome trials (CVOTs) conducted to meet the December
2008 guidance recommendations. None of the CVOTs to date have
identified an increased risk of ischemic cardiovascular events; some of
the CVOTs have instead demonstrated a reduced risk for cardiovascular
events. In light of the CVOT results, FDA is revisiting the
recommendations of the December 2008 guidance and is now proposing an
updated approach to evaluating the safety of new drugs and biologics to
improve glycemic control. In addition, FDA is withdrawing the February
2008 guidance because its recommendations for safety assessment have
become outdated.
    FDA is establishing this docket to solicit input from stakeholders
on all aspects of these issues, including comments on specific
questions posed in section II, Additional Issues for Consideration.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Type 2
Diabetes Mellitus: Evaluating the Safety of New Drugs for Improving
Glycemic Control.'' It does not establish any rights for any person and
is not binding on FDA or the public. You can use an alternative
approach if it satisfies the requirements of the applicable statutes
and regulations.

II. Additional Issues for Consideration

    FDA is soliciting comments from stakeholders regarding the issues
described in this notice and the draft guidance. In addition to any
other aspects of the guidance that stakeholders may care to comment
upon, FDA is interested in answers to the following questions/topics in
particular:

A. Size of Population and Exposure to the Investigational Drug/Biologic

    1. Is it more important to emphasize the number of patients exposed
or the amount of exposure (i.e., number of patient-years)? Or should
there be expectations set for both parameters?
    2. What would constitute a minimally acceptable database (either in
number of patients, number of patient-years, or both) in terms of
exposure to investigational drug/biologic at time of filing of the
marketing application?

B. Demographic Characteristics of the Population

    1. What are the important comorbid conditions to include?
    2. What would be a minimally acceptable number of patients or
number of patient-years to include for each important comorbid
condition?

C. Necessary Safety Evaluations

    1. Are there specific safety concerns for patients with type 2
diabetes that should be rigorously evaluated?
    2. If there are specific safety concerns that should be rigorously
evaluated, how should that assessment be conducted?
    3. Is the adjudication of adverse events related to a specific
safety concern a necessary part of the safety assessment? If so, should
it be conducted by an independent, blinded adjudication committee or
would other means of adjudication be adequate?

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved FDA collections
of information. 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. 3501-3521). The collection of
information in 21 CFR part 312 has been approved under OMB control
number 0910-0014; the collection of information in 21 CFR part 314 has
been approved under OMB control number 0910-0001; and the collection of
information for clinical trial data monitoring committees has been
approved under OMB control number 0910-0581.

IV. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at either https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs or https://www.regulations.gov.

    Dated: March 5, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-04877 Filed 3-9-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: November 3, 2008 (Volume 73, Number 213)]
[Notices]
[Page 65432-65435]
[DOCID:fr03no08-105]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58861; File No. SR-ISE-2008-78]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change Relating to Quoting
Obligations for Competitive Market Makers

October 27, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 21, 2008, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change, as described in Items I,
II, and III below, which items have been prepared by the self-
regulatory organization. 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 Substance
of the Proposed Rule Change

    The ISE proposes to amend ISE Rules 713, 804 and 805 to establish a
new quoting obligation for the Exchange's Competitive Market Makers
(``CMMs''). The text of the proposed rule change is as follows, with
deletions in [brackets] and additions italicized:

Rule 713. Priority of Quotes and Orders

    (a) through (f) no change.

Supplementary Material to Rule 713

    .01 and .02 no change.
    .03 Preferenced Orders. An Electronic Access Member may designate a
``Preferred Market Maker'' on orders it enters into the System
(``Preferenced Orders'').
    (a) A Preferred Market Maker may be the Primary Market Maker
appointed to the options class or any Competitive Market Maker
appointed to the options class.
    (b) If the Preferred Market Maker is not quoting at a price equal
to the NBBO at the time the Preferenced Order is received, the
allocation procedure contained in paragraph .01 shall be applied to the
execution of the Preferenced Order.
    (c) If the Preferred Market Maker is quoting at the NBBO at the
time the Preferenced Order is received, the allocation procedure
contained in paragraph .01 shall be applied to the execution of the
Preferenced Order except that the Primary Market Maker will not receive
the participation rights described in paragraphs .01(b) and (c), and
instead the Preferred Market Maker shall have participation rights
equal to the greater of:
    (i) the proportion of the total size at the best price represented
by the size of its quote, or
    (ii) sixty percent (60%) of the contracts to be allocated if there
is only one (1) other Non-Customer Order or market maker quotation at
the best price and forty percent (40%) if there are two (2) or more
other Non-Customer Orders and/or market maker quotes at the best price.
    (d) Preferred Competitive Market Makers are subject to enhanced
quoting requirements as provided in Rule 804(e)(2)(ii).
    .04 No change.
* * * * *

Rule 804. Market Maker Quotations

    (a) through (d) no change.
    (e) Continuous Quotes. A market maker must enter continuous
quotations for the options classes to which it is appointed pursuant to
the following:
    (1) Primary Market Makers. Primary Market Makers must enter
continuous quotations and enter into any resulting transactions in all
of the series listed on the Exchange of the options classes to which he
is appointed on a daily basis.
    (2) Competitive Market Makers. (i) On any given day, a Competitive
Market Maker must participate in the opening rotation and make markets
and enter into any resulting transactions on a continuous basis in
[all] at least 60% of the series listed on the Exchange of at least
sixty percent (60%) of the options classes for the Group to which the
Competitive Market Maker is appointed or [60] 40 options classes in the
Group, whichever is lesser.
    (ii) Whenever a Competitive Market Maker enters a quote in an
options class to which it is appointed, it must maintain continuous
quotations for [all] that series and at least 60% of the series of the
options class listed on the Exchange until the close of trading that
day[.]; provided, however, that a Competitive Market Maker shall be
required to maintain continuous quotations for that series and at least
90% of the series of any options class in which it receives Preferenced
Orders (see Supplementary Material .03 to Rule 713 regarding
Preferenced Orders).
    (iii) A Competitive Market Maker may be called upon by an Exchange
official designated by the Board to submit a single quote or maintain
continuous quotes in one or more of the series of an options class to
which the Competitive Market Maker is appointed whenever, in the
judgment of such official, it is necessary to do so in the interest of
fair and orderly markets.
    (f) and (g) no change.

Supplementary Material to Rule 804

    [.01 Notwithstanding ISE Rules 804(e)(2)(i)-(ii), for a pilot
period that commences on September 20, 2007 and expires on September
19, 2008, and limited to options classes overlying no more than twenty
(20) individual stocks as specifically designated by the Exchange
(``Pilot Program Securities''), a Competitive Market Maker must
participate in the opening rotation and make markets and enter into any
resulting transactions on a continuous basis in only sixty percent
(60%) of the series of the options classes overlying the Pilot Program
Securities. Whenever a Competitive Market Maker enters a quote in a
series of the options classes of the Pilot Program Securities, it must
maintain continuous quotations in that series until the close of
trading that day.]

Rule 805. Market Maker Orders

    (a) no change.
    (b) Options Classes Other Than Those to Which Appointed.
    (1) A market maker may enter all order types permitted to be
entered by non-customer participants under the Rules to buy or sell
options in classes of options listed on the Exchange to which the
market maker is not appointed under Rule 802, provided that:
    (i) the spread between a limit order to buy and a limit order to
sell the same options contract complies with the parameters contained
in Rule 803(b)(4); and
    (ii) the market maker does not enter orders in options classes to
which it is otherwise appointed, either as a Competitive or Primary
Market Maker.
    (2) Competitive Market Makers. The total number of contracts
executed during a quarter by a Competitive Market Maker in options
classes to which it is not appointed may not exceed twenty-five percent
(25%) of the total number of contracts traded [per each] by such
Competitive Market Maker [Membership] in classes to which it is
appointed and with respect to which it was quoting pursuant to Rule
804(e)(2).
    (3) no change.
* * * * *

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend ISE Rules 713, 804 and 805 to
establish a new quoting obligation for the Exchange's CMMs. ISE
currently requires CMMs to participate in the opening and maintain
continuous quotations in all of the series of at least 60 per cent of
the options classes in the bin or 60 classes, whichever is lesser.
Additionally, if a CMM chooses to quote any series of an options class
above and beyond this minimum requirement, it must then maintain
continuous quotations in all of the series of the class throughout that
trading day. Last September, the Exchange initiated a pilot to relax
the continuous quoting obligations for CMMs in 20 options classes.\3\
Under the Pilot, CMMs were

required to maintain continuous quotations in only 60 per cent of the
series of an options class overlying the pilot program securities. The
Pilot recently expired and the Exchange now proposes to establish
relaxed quoting requirements for CMMs on a permanent basis.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 56444 (September 14,
2007), 72 FR 54089 (September 21, 2007) (Order Granting Approval of
SR-ISE-2007-45 Relating to a Quote Mitigation Plan for Competitive
Market Makers) (the ``Pilot'').
---------------------------------------------------------------------------

    With the explosion of quotation traffic--exacerbated by the penny
pilot--we continue to seek ways to mitigate the generation of
quotations. Our experience with the Pilot indicates that relaxing the
continuous quoting obligation has had no negative effect on the quality
of our markets. In practice, market makers simply widen their
quotations when they do not want to trade in a particular series, so
requiring them to maintain continuous quotations in all series merely
increases capacity requirements for the market makers. Therefore, ISE
proposes to adopt the 60 per cent standard for all options series on a
permanent basis, with one exception related to CMMs that receive
preferenced order flow. In this circumstance, a CMM receives the
benefit of enhanced allocation rights similar to, and instead of, a
Primary Market Maker. Therefore, it is appropriate to apply a higher
continuous quotation standard on such CMMs, which we propose to be 90
per cent of the series.\4\
---------------------------------------------------------------------------

    \4\ See CBOE Rule 8.13. The Chicago Board Options Exchange has a
similar quotation standard for its preferred market makers.
---------------------------------------------------------------------------

    Additionally, ISE proposes to lower the minimum number of options
classes that a CMM is required to quote from 60 to 40. While as stated
above there is little benefit to the quality of our markets when CMMs
are forced to maintain continuous quotations in options classes in
which they do not want to trade, this requirement discourages some
potential market participants because it requires too much systems
capacity relative to the number of classes they are actually interested
in trading on the ISE. Thus, the Exchange believes lowering the
requirement would attract additional market making participants on the
ISE.
    Finally, the Exchange proposes to amend Rule 805 (Market Maker
Orders) to restrict the percentage of volume a CMM may execute in
options to which it is not appointed. Specifically, the rule currently
provides that a CMM may execute up to 25% of its volume in options
classes to which it is not appointed. Since the Exchange is lowering
the number of appointed class in which a CMM is required to quote, the
Exchange believes it is appropriate to base the 25% allowance on volume
that is executed while a CMM is actually fulfilling its market maker
quotation obligations.
    Overall, the Exchange believes the proposed rule change is a step
towards adopting an internal quote mitigation plan that is beneficial
both to the Exchange and to its members without adversely affecting
ISE's quality of markets.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Act'')
for this proposed rule change is the requirement under Section 6(b)(5)
that an exchange have rules that are designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
for a free and open market and a national market system, and, in
general, to protect investors and the public interest, by relaxing the
quoting requirements thereby reducing the number of options quotations
required to be submitted, which should enable the Exchange to mitigate
quote traffic and use of capacity without adversely affecting the
Exchange's quality of markets.

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be 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-ISE-2008-78 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2008-78. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-ISE-
2008-78 and should be submitted on or before November 24, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-26107 Filed 10-31-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: October 6, 2010 (Volume 75, Number 193)]
[Notices]
[Page 61730]
[DOCID:fr06oc10-66]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

September 21, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-1313-000.
    Applicants: National Grid LNG, LP.
    Description: National Grid LNG, LP submits tariff filing per
154.203: National Grid LNG, L.P. FERC Gas Tariff Volume No. 1 Baseline
Filing to be effective 9/20/2010.
    Filed Date: 09/20/2010.
    Accession Number: 20100920-5132.
    Comment Date: 5 p.m. Eastern Time on Monday, October 4, 2010.

    Docket Numbers: RP10-1314-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Midcontinent Express Pipeline LLC submits tariff
filing per 154.203: Compliance Filing in Docket Nos. RP10-687 and RP10-
998 to be effective 7/30/2010.
    Filed Date: 09/20/2010.
    Accession Number: 20100920-5135.
    Comment Date: 5 p.m. Eastern Time on Monday, October 4, 2010.

    Docket Numbers: RP10-1315-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC's Penalty
Revenue Crediting Report.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5024.
    Comment Date: 5 p.m. Eastern Time on Monday, October 4, 2010.

    Docket Numbers: RP10-1316-000.
    Applicants: Cotton Valley Compression, L.L.C.
    Description: Cotton Valley Compression, L.L.C. submits tariff
filing per 154.203: Cotton Valley--Baseline eTariff Filing to be
effective 9/21/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5027.
    Comment Date: 5 p.m. Eastern Time on Monday, October 4, 2010.

    Docket Numbers: RP10-1317-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Maritimes & Northeast Pipeline, L.L.C. submits tariff
filing per 154.204: Clean-up Filing 1 to be effective 8/6/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5042.
    Comment Date: 5 p.m. Eastern Time on Monday, October 4, 2010.

    Docket Numbers: RP10-1318-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Maritimes & Northeast Pipeline, L.L.C. submits tariff
filing per 154.204: Clean-up Filing 2 to be effective 11/1/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5053.
    Comment Date: 5 p.m. Eastern Time on Monday, October 4, 2010.

    Docket Numbers: RP10-1319-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.204:
Non-Conforming and Negotiated Rate Agreement Filing to be effective 10/
1/2010.
    Filed Date: 09/21/2010.
    Accession Number: 20100921-5054.
    Comment Date: 5 p.m. Eastern Time on Monday, October 4, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-25079 Filed 10-5-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Page 44649]
[FR Doc No: 2012-18479]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4067-DR; Docket ID FEMA-2012-0002]

Colorado; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Colorado (FEMA-4067-DR), dated June 28, 2012, and
related determinations.

DATES: Effective Date: July 11, 2012.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective July 11, 2012.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-18479 Filed 7-27-12; 8:45 am]
BILLING CODE 9111-23-P