[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53141]
[FR Doc No: 2021-20642]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0029]

National Railroad Passenger Corporation's Request To Amend Its
Positive Train Control Safety Plan and Positive Train Control System

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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SUMMARY: This document provides the public with notice that the
National Railroad Passenger Corporation (Amtrak) submitted a request
for amendment (RFA) to its FRA-approved Positive Train Control Safety
Plan (PTCSP) on August 5, 2021. As this RFA may involve a request for
FRA's approval of proposed material modifications to an FRA-certified
positive train control (PTC) system, FRA is publishing this notice and
inviting public comment on the railroad's RFA to its PTCSP.

DATES: FRA will consider comments received by October 14, 2021. FRA may
consider comments received after that date to the extent practicable
and without delaying implementation of valuable or necessary
modifications to a PTC system.

ADDRESSES:
    Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2010-0029. For convenience, all active PTC
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports. All comments
received will be posted without change to https://www.regulations.gov;
this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) section 20157(h) requires FRA to certify that a host
railroad's PTC system complies with 49 CFR part 236, subpart I, before
the technology may be operated in revenue service. Before making
certain changes to an FRA-certified PTC system or the associated FRA-
approved PTCSP, a host railroad must submit, and obtain FRA's approval
of, an RFA to its PTCSP under Title 49 Code of Federal Regulations
(CFR) Section 236.1021.
    Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will
publish a notice in the Federal Register and invite public comment in
accordance with 49 CFR part 211, if an RFA includes a request for
approval of a material modification of a signal and train control
system. Accordingly, this notice informs the public that on August 5,
2021, Amtrak submitted an RFA to its PTCSP for its Advanced Civil Speed
Enforcement System II (ACSES II) and that RFA is available in Docket
No. FRA-2010-0029.
    Interested parties are invited to comment on Amtrak's RFA to its
PTCSP by submitting written comments or data. During FRA's review of
Amtrak's RFA, FRA will consider any comments or data submitted within
the timeline specified in this notice and to the extent practicable,
without delaying implementation of valuable or necessary modifications
to a PTC system. See 49 CFR 236.1021; see also 49 CFR 236.1011(e).
Under 49 CFR 236.1021, FRA maintains the authority to approve, approve
with conditions, or deny a railroad's RFA to its PTCSP at FRA's sole
discretion.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to https://www.regulations.gov, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2021-20642 Filed 9-23-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: September 3, 2009 (Volume 74, Number 170)]
[Proposed Rules]
[Page 45574-45575]
[DOCID:fr03se09-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0677; Airspace Docket No. 09-AGL-17]

Proposed Amendment of Class E Airspace; Mankato, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Mankato, MN.
Additional controlled airspace is necessary to accommodate new Standard
Instrument Approach Procedures (SIAPs) at Mankato Regional Airport,
Mankato, MN. The FAA is taking this action to enhance the safety and
management of Instrument Flight Rules (IFR) operations for SIAPs at
Mankato Regional Airport.

DATES: Comments must be received on or before October 19, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2009-0677/Airspace Docket No. 09-
AGL-17, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-0677/
Airspace Docket No. 09-AGL-17.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRMs
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR) part 71 by adding additional Class E airspace extending upward
from 700 feet above the surface for SIAPs operations at Mankato
Regional Airport, Mankato, MN. Controlled airspace is needed for the
safety and management of IFR operations at the airport.
    Class E airspace areas are published in Paragraphs 6002 and 6005 of
FAA

Order 7400.9S, dated October 3, 2008, and effective October 31, 2008,
which is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would add additional controlled airspace at Mankato Regional
Airport, Mankato, MN.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

    1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9S, Airspace Designations and Reporting Points, dated October 3,
2008, and effective October 31, 2008, is amended as follows:

Paragraph 6002 Class E Airspace designated as surface areas.

* * * * *

AGL MN E2 Mankato, MN [Amended]

Mankato Regional Airport, MN
    (Lat. 44[deg]13'22'' N., long. 93[deg]55'10'' W.)
Mankato VOR/DME
    (Lat. 44[deg]13'12'' N., long. 93[deg]54'45'' W.)

    Within a 4.2-mile radius of Mankato Regional Airport and within
1.8 miles each side of the Mankato VOR/DME 167[deg] radial extending
from the 4.2-mile radius to 7 miles south of the VOR/DME; and within
2.7 miles each side of the Mankato VOR/DME 326[deg] radial extending
from the 4.2-mile radius to 7 miles northwest of the VOR/DME. This
Class E airspace is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *

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

* * * * *

AGL MN E5 Mankato, MN [Amended]

Mankato Regional Airport, MN
    (Lat. 44[deg]13'22'' N., long. 93[deg]55'10'' W.)
Immanuel-St. Joseph's Hospital, MN
Point In Space Coordinates
    (Lat. 44[deg]09'48'' N., long. 93[deg]57'40'' W)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Mankato Regional Airport, and within 2
miles each side of the 047[deg] bearing from the airport extending
from the 7-mile radius to 8 miles northeast of the airport; and
within 4 miles each side of the 020[deg] bearing from the airport
extending from the 7-mile radius to 11 miles north of the airport;
and within a 6-mile radius of the point in space serving Immanuel-
St. Joseph's Hospital.
* * * * *

    Issued in Fort Worth, TX, on August 25, 2009.
Ronnie L. Uhlenhaker,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-21266 Filed 9-2-09; 8:45 am]

BILLING CODE 4901-13-P


[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68339-68341]
[FR Doc No: 2020-23843]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-1330]

Cardiovascular and Renal Drugs Advisory Committee; Notice of
Meeting; Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Cardiovascular and Renal Drugs
Advisory Committee. The general function of the committee is to provide
advice and recommendations to FDA on regulatory issues. The meeting
will be open to the public. FDA is establishing a docket for public
comment on this document.

DATES: The meeting will be held on December 16, 2020, from 9 a.m. to
1:30 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of this COVID-19
pandemic, all meeting participants will be joining this advisory
committee meeting via an online teleconferencing platform. Answers to
commonly asked questions about FDA advisory committee meetings may be
accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2020-N-1330. The docket will close on December
15, 2020. Submit either electronic or written comments on this public
meeting by December 15, 2020. Please note that late, untimely filed
comments will not be considered. Electronic comments must be submitted
on or before December 15, 2020. The https://www.regulations.gov
electronic filing system will accept comments until 11:59 p.m. Eastern
Time at the end of December 15, 2020. Comments received by mail/hand
delivery/courier (for written/paper submissions) will be considered
timely if they are postmarked or the delivery service acceptance
receipt is on or before that date.
    Comments received on or before December 1, 2020, will be provided
to the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is cancelled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments 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-2020-N-1330 for ``Cardiovascular and Renal Drugs Advisory
Committee; Notice of Meeting; Establishment of a Public Docket; Request
for Comments.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     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.'' FDA 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 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 the 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,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Joyce Yu, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, Fax:
301-847-8533, email<EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform.
    The committee will discuss spironolactone for the proposed
treatment of heart failure with preserved ejection fraction, a serious
and often fatal condition for which no drug is approved to improve
outcomes. The data supporting the new indication are post-hoc analyses
of the National Heart, Lung, and Blood Institute sponsored Treatment of
Preserved Cardiac Function Heart Failure With an Aldosterone Antagonist
trial, which nominally failed to meet its primary endpoint.
Spironolactone is currently marketed in the U.S. for the treatment of
heart failure with reduced ejection fraction, hypertension, primary
hyperaldosteronism, and for the management of edema.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before December 1, 2020, will be provided to the
committee. Oral presentations from the public will be scheduled between
approximately 11:30 a.m. and 12:30 p.m. Eastern Time. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before November 27, 2020.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by November 30, 2020.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Joyce Yu (see FOR FURTHER INFORMATION CONTACT) at least 7 days
in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: October 22, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-23843 Filed 10-27-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: June 9, 2006 (Volume 71, Number 111)]
[Notices]
[Page 33444]
[DOCID:fr09jn06-29]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-8071-7]

Access to Confidential Business Information by Eagle
Technologies, Incorporated

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized its contractor Eagle Technologies,
Incorporated of Lanham, MD access to information which has been
submitted to EPA under all sections of the Toxic Substances Control Act
(TSCA). Some of the information may be claimed or determined to be
Confidential Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than June
16, 2006.

FOR FURTHER INFORMATION CONTACT: Colby Litner, Regulatory Coordinator,
Environmental Assistance Division (7408M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Notice Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to those persons who are or may be required to
conduct testing of chemical substances under TSCA. Since other entities
may also be interested, the Agency has not attempted to describe all
the specific entities that may be affected by this action. If you have
any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Documents?

    1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number EPA-HQ-OPPT-2003-0004.
Publicly available docket materials are available electronically at
http://www.regulations.gov or in hard copy at the OPPT Docket, EPA

Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the``Federal Register''
listings athttp://www.epa.gov/fedrgstr/.

II. What Action is the Agency Taking?

    Under contract number EP-W-06-029, Eagle Technologies,
Incorporated, of 9301 Annapolis Road, Suite 200, Lanham, MD, will
assist EPA by providing security support services, which will include
but not be limited to maintaining the Federal Triangle access system;
installing locks and keys; changing locks and combinations; issuing
identification and building passes; escorts in all secure areas; and
other administrative support functions.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
contract number EP-W-06-029, Eagle Technologies, Incorporated will
require access to CBI submitted to EPA under all sections of TSCA, to
perform successfully the duties specified under the contract.
    Eagle Technologies, Incorporated personnel will be given access to
information submitted to EPA under all sections of TSCA. Some of the
information may be claimed or determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA, that the Agency may provide Eagle
Technologies, Incorporated access to these CBI materials on a need-to-
now basis only. All access to TSCA CBI under this contract will take
place at EPA Headquarters.
    Eagle Technologies, Incorporated personnel will be required to
adhere to all provisions of EPA's TSCA Confidential Business
Information Security Manual.
    Clearance for access to TSCA CBI under contract number EP-W-06-029
may continue until March 31, 2011.
    Eagle Technologies, Incorporated personnel will be required to sign
nondisclosure agreements and will be briefed on appropriate security
procedures before they are permitted access to TSCA CBI.

List of Subjects

    Environmental protection, Confidential business information.

    Dated: June 1, 2006.
Vicki A. Simons,
Acting Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. E6-9008 Filed 6-8-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Notices]
[Page 57821-57822]
[DOCID:fr22se10-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62910; File No. SR-C2-2010-003]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Adopt Certain Application-Related Fees

September 14, 2010.
    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 September 10, 2010, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    C2 proposes to adopt application fees. The text of the proposed
rule change is available on the Exchange's Web site (http://
www.cboe.org/legal), at the Exchange's Office of the Secretary, and at
the Commission.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to adopt application-
related fees for C2 Options Exchange, Inc. C2 anticipates launching in
mid/late October, 2010. In connection with the commencement of trading
on C2, the Exchange intends to begin accepting applications for C2
trading permits in the very near future. As part of the application
process, C2 intends to charge applicant organizations a $4,000
application fee, and sole-proprietor applicants a $2,500 application
fee. Existing Chicago Board Options Exchange, Incorporated (``CBOE'')
permit holders applying for C2 trading permits will not be charged an
application fee since nearly all of the necessary application
processing required by the Exchange has already been conducted with
respect to those CBOE permit holders. In fact, existing CBOE permit
holders, pursuant to C2 Rule 3.1(c)(1) are not required to complete and
submit an Exchange application. C2 notes that costs associated with
utilizing a C2 trading permit (e.g. a market-maker permit) would apply
equally to CBOE permit holder [sic] and non-CBOE permit holders.
    In connection with the application process, certain application-
related fees that are in place at CBOE will also be adopted by C2.
Specifically, fees for applicants seeking to conduct a public customer
business ($2,500), fees for associated persons ($350), joint account
applicant fees ($1,000) \3\, permit renewal fees ($2,000 for
organizations and $500 for sole proprietors), fees associated with
statutory disqualification and Rule 19h-1 processing ($2,750 and $1,650

respectively) \4\, exam fees ($500), permit transfer fees ($500), and
fingerprint fees ($50) are all being adopted. The proposed fee levels
are comparable to those in place at CBOE. For the reasons stated above,
these fees, with the exception of renewal fees (which are applicable on
subsequent one-year anniversaries of C2 ``membership''), statutory
disqualification fees, Rule 19h-1 change in status fees, exam fees,
permit transfer fees, and fingerprint fees will not be charged to CBOE
permit holders seeking to trade on C2.
---------------------------------------------------------------------------

    \3\ This fee is payable for each application to establish a new
joint account.
    \4\ The statutory disqualification fee is payable whenever a
person or entity is subject to a statutory disqualification under
the Securities Exchange Act of 1934 and: (i) Is an applicant for
Exchange membership, (ii) is seeking to be an associated person of
an Exchange member (except where the Exchange is merely asked to
concur in an SEC Rule 19h-1 filing by another self regulatory
organization), or (iii) is an existing Exchange member or associated
person who makes an application in accordance with Rule 3.5 or with
respect to whom a proceeding is initiated pursuant to Rule 3.5. This
fee is in addition to any other membership fees that might be
applicable. The Rule 19h-1 Change in Status Fee is payable whenever
a person or entity, on whose behalf the Exchange has filed a Rule
19h-1 filing that has been approved by the SEC, applies for a change
in status that requires the Exchange to file an amended or
additional Rule 19h-1 filing, if the Exchange approves the requested
change in status. This fee is in addition to any other membership
fees that might be applicable.
---------------------------------------------------------------------------

    The changes will take effect on September 13, 2010.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (``Act''),\5\ in general, and furthers
the objectives of Section 6(b)(4) \6\ of the Act in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among C2 members and other persons using
its facilities. C2 notes that applicants, depending on whether they are
organizations or sole-proprietors, will all be charged fixed fees which
is [sic] intended to offset the Exchange's costs of processing the
permit holder applications and application-related matters, and that
the proposed fee amounts are comparable to those charged by CBOE.
---------------------------------------------------------------------------

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

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

    C2 does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section
19(b)(3)(A)(ii) \7\ of the Act and subparagraph (f)(2) of Rule 19b-4
\8\ thereunder. At any time within 60 days of the filing of such
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-C2-2010-003 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2010-003. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 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 also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2010-003 and should be
submitted on or before October 13, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-23595 Filed 9-21-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19511-19512]
[FR Doc No: 2011-8231]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64165; File No. SR-Phlx-2011-39]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
QQQQ

April 1, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 25, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \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 Exchange proposes to amend Section I of the Exchange's Fee
Schedule titled ``Rebates and Fees for Adding and Removing Liquidity in
Select Symbols,'' specifically to amend the trading symbol for the
PowerShares QQQ Trust.\3\
---------------------------------------------------------------------------

    \3\ PowerShares QQQQ, formerly known the ``NASDAQ-100 Index
Tracking Stock[reg]'', is based on the Nasdaq-100 Index[reg].
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the list of
Select Symbols \4\ in Section I of the Exchange's Fee Schedule, titled
``Rebates and Fees for Adding and Removing Liquidity in Select
Symbols.'' Specifically, the Exchange proposes to amend the trading
symbol ``QQQQ.'' The Exchange proposes to change the symbol from
``QQQQ'' to ``QQQ'' to reflect the recent change in that exchange-
traded fund's ticker symbol. ``QQQQ'' would continue to be subject to
the Fees and Rebates for

Adding and Removing Liquidity in Section I of the Exchange's Fee
Schedule. The Exchange is also proposing to make conforming amendments
within Section I of the Fee Schedule to change ``QQQQ'' to ``QQQ'' in
the remainder of that Section.
---------------------------------------------------------------------------

    \4\ The term ``Select Symbols'' refers to the symbols which are
subject to the Rebates and Fees for Adding and Removing Liquidity in
Section I of the Exchange's Fee Schedule.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \5\ in general, and furthers the objectives of Section
6(b)(5) of the Act \6\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
The Exchange believes that updating the Exchange's Fee Schedule to
amend the ``QQQQ'' symbol to ``QQQ'' will provide its members clarity
as to which symbols are subject to the Fees and Rebates for Adding and
Removing Liquidity in Section I of the Exchange's Fee Schedule.
---------------------------------------------------------------------------

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

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

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

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

    No written comments were either solicited or received.

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

    Pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(1)\8\ thereunder, the Exchange has designated this proposal as one
that constitutes a stated policy, practice or interpretation with
respect to the meaning, administration, or enforcement of an existing
rule of the SRO, and therefore has become effective.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-39 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2011-39. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 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 also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2011-39 and should be
submitted on or before April 28, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-8231 Filed 4-6-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 21, 2010 (Volume 75, Number 98)]
[Notices]
[Page 28682-28684]
[DOCID:fr21my10-158]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2010-0050]

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 19 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). The exemptions will enable these individuals to operate
commercial motor vehicles (CMVs) in interstate commerce without meeting
the prescribed vision standard. The Agency has concluded that granting
these exemptions will provide a level of safety that is equivalent to,
or greater than, the level of safety maintained without the exemptions
for these CMV drivers.

DATES: The exemptions are effective May 21, 2010. The exemptions expire
on May 21, 2012.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<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. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://www.regulations.gov.

Background

    On March 26, 2010, FMCSA published a Notice of receipt of exemption
applications from certain individuals, and requested comments from the
public (75 FR 14656). That notice listed 19 applicants' case histories.
The 19 individuals applied for exemptions from the vision requirement
in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate
commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-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 2-year period.
Accordingly, FMCSA has evaluated the 19 applications on their merits
and made a determination to grant exemptions to all of them.

Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle 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 standard
red, green, and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision standard,
but have adapted their driving to accommodate their vision limitation
and demonstrated their ability to drive safely. The 19 exemption
applicants listed in this notice are in this category. They are unable
to meet the vision standard in one eye for various reasons, including
amblyopia, aphakia, cataracts, complete loss of vision, demyelinizing
optic neuropathy, macular detachment, ocular histoplasmosis, optic
nerve atrophy prosthesis and retinal detachment. In most cases, their
eye conditions were not recently developed. All but 5 of the applicants
were either born with their vision impairments or have had them since
childhood. The 5 individuals who sustained their vision conditions as
adults have had them for periods ranging from 5 to 35 years.
    Although each applicant has one eye which does not meet the vision
standard in 49 CFR 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 valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
    All these applicants satisfied the testing standards for their
State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a commercial vehicle,
with their limited vision, to the satisfaction of the State. While
possessing a valid CDL or non-CDL, these 19 drivers have been
authorized to drive a CMV in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. They have
driven CMVs with their limited vision for careers ranging from 3\1/2\
to 40 years. In the past 3 years, one of the drivers had a conviction
for a traffic violation and three of the drivers were involved in
crashes.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the March 26, 2010
notice (75 FR 14656).

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision standard in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered not only the medical reports about the applicants' vision,
but also their driving records and experience with the vision
deficiency.
    To qualify for an exemption from the vision standard, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the studies may be found at docket number FMCSA-1998-3637.
    We believe we can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the 19 applicants, one of the applicants had a traffic violation for
speeding and three of the drivers were involved in crashes. The
applicants achieved this record of safety while driving with their
vision impairment, demonstrating 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.
    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 veteran drivers in this proceeding have operated CMVs
safely under those conditions for at least 3 years, most for much
longer. Their experience and driving records lead us to believe that
each applicant is capable of operating in interstate commerce as safely
as he/she has been performing in intrastate commerce. Consequently,
FMCSA finds that exempting these applicants from the vision standard in
49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to
that existing without the exemption. For this reason, the Agency is
granting the exemptions for the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 19 applicants listed in the notice of March
26, 2010 (75 FR 14656).
    We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the 19 individuals consistent with the grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
    Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual 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 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provide a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual 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 certification when driving, for presentation to a duly authorized
Federal, State, or local enforcement official.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    Based upon its evaluation of the 19 exemption applications, FMCSA
exempts, Dean R. Allen, Donald C. Butler, Alan R. Fontaine, Malcolm R.
Heins, Mark Hill, Herbert C. Hirsch, Michael D. Kilgore, Joseph J.
Kushak, Louis C. Lee, Jason T. Montoya, Doug L. Norman, Richard W.
Pierce, Christopher A. Reineck, Carroll R. Rogers, Kevin L. Routin,
Lane L. Savoie, Richard G. Schumacher, Scott E. Tussey and Todd V.
Welch from the vision requirement in 49 CFR 391.41(b)(10), subject to
the requirements cited above (49 CFR 391.64(b)).
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked if: (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 before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: May 12, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-12187 Filed 5-20-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Page 33574]
[FR Doc No: C1-2015-13175]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75053; File No. SR-Phlx- 2015-46]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing of Proposed Rule Change To Amend the Amended and Restated
Certificate of Incorporation and By-Laws of The NASDAQ OMX Group, Inc.

May 27, 2015.

Correction

    In notice document 2015-13175, appearing on pages 31439-31440 in
the issue of Tuesday, June 2, 2015, make the following correction:
    On page 31440, in the first column, on the last line, ``June 22,
2015.'' should read ``June 23, 2015.''

[FR Doc. C1-2015-13175 Filed 6-11-15; 8:45 am]
 BILLING CODE 1505-01-D


[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Proposed Rules]
[Page 58442]
[FR Doc No: 2016-20304]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2016-0088; FRL 9951-23-Region 2]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Virgin Islands; Sewage Sludge Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
the Clean Air Act (CAA) section 111(d)/129 negative declaration for the
Government of the United States Virgin Islands, for existing sewage
sludge incinerator (SSI) units. This negative declaration certifies
that existing SSI units subject to sections 111(d) and 129 of the CAA
do not exist within the jurisdiction of the United States Virgin
Islands. The EPA is accepting the negative declaration in accordance
with the requirements of the CAA.

DATES: Comments must be received on or before September 26, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2016-0088 to http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental
Protection Agency, Air Programs Branch, 290 Broadway, New York, New
York 1007-1866 at<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, the EPA is approving the Virgin Islands' negative declaration
submitted December 1, 2015 as a direct final rule without prior
proposal because the Agency views this as a noncontroversial revision
amendment and anticipates no adverse comments to this action.
    A detailed rationale for the approval is set forth in the direct
final rule. If no adverse comments are received in response to this
action, no further activity is contemplated in relation to this action.
If the EPA receives adverse comments, the direct final rule will be
withdrawn and all public comments received will be addressed in a
subsequent final rule based on this proposed action. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time. For
additional information, see the direct final rule which is located in
the rules section of this Federal Register.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Reporting and
recordkeeping requirements, Sewage sludge incinerators.

    Dated: August 8, 2016.
 Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2016-20304 Filed 8-24-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Pages 31575-31578]
[FR Doc No: 2020-11139]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33868; File No. 812-15076]

Sutter Rock Capital Corp.

May 19, 2020.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 23(a), 23(b) and 63 of the Act; under sections 57(a)(4) and
57(i) of the Act and rule 17d-1 under the Act permitting certain joint
transactions otherwise prohibited by section 57(a)(4) of the Act; and
under section 23(c)(3) of the Act for an exemption from section 23(c)
of the Act.
    Summary of the Application: Sutter Rock Capital Corp.
(``Applicant'' or ``Company'') requests an order that would permit
Applicant to (i) issue restricted shares of its common stock
(``Restricted Shares'') as part of the compensation package for certain
of its employees, officers and all directors, including non-employee
directors (the ``Non-Employee Directors'',\1\) through its Amended and
Restated 2019 Equity Incentive Plan (the ``Amended Equity Incentive
Plan'' or the ``Amended Plan''), (ii) withhold shares of the
Applicant's common stock or purchase shares of Applicant's common stock
from Participants to satisfy tax withholding obligations relating to
the vesting of Restricted Shares or the exercise of options to purchase
shares of Applicant's common stock (``Options'') that were granted
pursuant to the Initial Equity Incentive Plan (defined below) or will
be granted pursuant to the Amended Equity Incentive Plan,\2\ and (iii)
permit Participants to pay the exercise price of Options that were
granted pursuant to the Initial Equity Incentive Plan or will be
granted to them pursuant to the Amended Equity Incentive Plan with
shares of Applicant's common stock.
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    \1\ Employees, officers, and all directors, including Non-
Employee Directors, are collectively the ``Participants.''
    \2\ Options will not be granted to Non-Employee Directors, and
therefore, no relief is sought in the application for the grant of
Options.
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    Applicant: Sutter Rock Capital Corp.
    Filing Dates: The application was filed on October 25, 2019, and
amended on February 27, 2020, May 1, 2020, and May 18, 2020.
    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 emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving applicant with a
copy of the request, personally or by mail. Hearing requests should be
received by the Commission by 5:30 p.m. on June 15, 2020, and should be
accompanied by proof of service on applicant, 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 emailing the Commission's Secretary at<EMAIL_ADDRESS>
ADDRESSES: The Commission<EMAIL_ADDRESS>Applicant: One
Sansome Street, Suite 730, San Francisco, CA 94104.

FOR FURTHER INFORMATION CONTACT: Jill Ehrlich, Senior Counsel, at (202)
551-6819, or Daniele Marchesani, Assistant Chief Counsel, at (202) 551-
6821 (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 the
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicant's Representations

    1. The Company is an internally managed closed-end investment
company that has elected to be regulated as a business development
company (``BDC'') under the Act. The Company's investment objective is
to maximize its portfolio's total return, principally by seeking
capital gains on its equity and equity-related investments. It invests
primarily in the equity securities of what it believes to be rapidly
growing venture-capital-backed emerging companies, and may on an
opportunistic basis also invest in the debt securities of such
companies. Applicant was organized under Maryland General Corporation
Law in March 2011. Applicant's common stock is listed on the Nasdaq
Capital Market under the symbol ``SSSS.'' The Company has 16,577,587
shares of common stock outstanding as of April 15, 2020. As of April
15, 2020, the Company had 6 employees.
    2. Applicant currently has a five-member board of directors (the
``Board'') of whom four are not ``interested persons'' of Applicant
within the meaning of section 2(a)(19) (``Non-Interested Directors'').
    3. Applicant believes that, because the market for superior
investment professionals is highly competitive, Applicant's successful
performance depends on its ability to offer fair compensation packages
to its professionals that are competitive with those offered by other
investment management businesses. Applicant states that the ability to
offer equity-based compensation to its employees, officers, and
directors, which both aligns employee, officer, and Board behavior with
stockholder interests and provides a retention tool, is vital to
Applicant's future growth and success.
    4. The Applicant's initial equity incentive plan, which became
effective in 2019, is limited only to the types of equity-based
compensation that BDCs are permitted to grant under the Act without the
receipt of exemptive relief (the ``Initial Equity Incentive Plan''). On
July 31, 2019, the Board, including a majority of the Non-Interested
Directors, approved the Amended Equity Incentive Plan. The Amended
Equity Incentive Plan will be submitted for approval to the Company's
stockholders, and will become effective upon such approval, subject to
and following receipt of the order. The Amended Equity Incentive Plan
is intended to expand the Company's ability to issue equity-based
compensation to employees, officers, and directors, including Non-
Employee Directors, and provides for grants of incentive stock options
(as defined in Section 422 of the Internal Revenue Code of 1986),
nonqualified stock options, and Restricted Shares.\3\ Each issuance of
Plan Awards under the Amended Equity Incentive Plan will be approved by
the required majority, as defined in Section 57(o) of the Act,\4\ of

the Company's directors (``Required Majority''). Applicant believes
that the issuance of Restricted Shares as a form of equity-based
compensation is in the best interest of the Company's stockholders,
employees, and business. The Board has delegated its authority to
administer the Amended Equity Incentive Plan to the compensation
committee of the Board.
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    \3\ Incentive stock options, nonqualified stock options, and
Restricted Shares granted under the Amended Plan are collectively
referred to as ``Plan Awards.''
    \4\ Section 57(o) of the Act provides that the term ``required
majority,'' when used with respect to the approval of a proposed
transaction, plan, or arrangement, means both a majority of a BDC's
directors or general partners who have no financial interest in such
transaction, plan, or arrangement and a majority of such directors
or general partners who are not interested persons of such company.
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    5. Applicant states that Non-Employee Directors will be granted
$50,000 of Restricted Shares at each annual meeting of the Company's
stockholders, with the first grant to be issued immediately upon the
approval of the Company's stockholders after receipt of the requested
order by the Commission. Such Restricted Shares will vest if the Non-
Employee Director is in continuous service through the anniversary of
such grant (or, if earlier, the annual meeting of the Company's
stockholders that is closest to the anniversary of such grant). The
awards of Restricted Shares to the Non-Employee Directors will be made
on an annual basis for so long as such Non-Employee Director remains on
the Board; provided, however, that no Non-Employee Director will be
granted Restricted Shares to the extent that such grant would cause he
or she to receive more than 2.5% of the total outstanding shares of
common stock in any calendar year, or if such grant would cause the
Company to exceed the maximum number of shares authorized for issuance
under the Amended Equity Incentive Plan. No additional awards of
Restricted Shares or Options will be made, and the amounts proposed to
be issued to Non-Employee Directors as set forth in the application
cannot be changed without Commission approval. All awards of Restricted
Shares that have not vested at the time a Non-Employee Director ceases
to be a member of the Board will be forfeited. Notwithstanding the
limitations set forth in the Amended Plan, the Board has determined
that the maximum number of shares of common stock for which any Non-
Employee Director may be granted Plan Awards in any calendar year is
25,000 shares.
    6. The Board has determined that the total number of Plan Awards to
be available under the Amended Plan will be 10 percent of the
outstanding shares of common stock as of the effective date of the
Amended Plan. Additionally, notwithstanding the limitations set forth
in the Amended Plan, the Board has determined that the maximum number
of shares of common stock for which any employee, officer or employee-
director may be granted Plan Awards in any calendar year is 400,000
shares.
    7. Unless the Board expressly provides otherwise, immediately upon
the cessation of a Participant's continuous service, that portion, if
any, (i) of any Plan Award (other than an Option) held by the
Participant or the Participant's permitted transferee that is not then
vested will terminate, and, in the case of Restricted Shares, the
unvested shares will be returned to the Company and will be available
to be issued as Plan Awards and (ii) of any Option held by a
Participant or such Participant's permitted transferee that is not yet
exercisable will terminate and the balance will remain exercisable for
the lesser of (x) a period of three months or (y) the period ending on
the latest date on which such Option could have been exercised, and
will thereupon terminate subject to certain provisions. Plan Awards
will not be transferable except for disposition by will or the laws of
descent and distribution or by gift to a permitted transferee.

Applicant's Legal Analysis

Sections 23(a) and (b), Section 63

    1. Under section 63 of the Act, the provisions of section 23(a) of
the Act generally prohibiting a registered closed-end investment
company from issuing securities for services or for property other than
cash or securities are made applicable to BDCs. This provision would
prohibit the issuance of Restricted Shares as a part of the Amended
Plan.
    2. Section 23(b) of the Act generally prohibits a registered
closed-end investment company from selling any common stock of which it
is the issuer at a price below its current net asset value. Section
63(2) of the Act makes section 23(b) applicable to BDCs unless certain
conditions are met. Because Restricted Shares that would be granted
under the Amended Plan would not meet the terms of section 63(2),
sections 23(b) and 63 would prevent the issuance of Restricted Shares.
    3. Section 6(c) provides, in part, that the Commission may, by
order upon application, conditionally or unconditionally exempt any
person, security, or transaction, or any class or classes thereof, from
any provision of the Act, if and to the extent that the exemption is
necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act.
    4. Applicant requests an order pursuant to section 6(c) of the Act
granting an exemption from the provisions of sections 23(a), 23(b), and
63 of the Act. Applicant states that the Amended Plan would not raise
the concerns underlying these sections, which include: (a) Preferential
treatment of investment company insiders and the use of options and
other rights by insiders to obtain control of the investment company;
(b) complication of the investment company's structure that made it
difficult to determine the value of the company's shares; and (c)
dilution of shareholders' equity in the investment company. Applicant
asserts that the Restricted Shares element of the Amended Plan does not
raise concerns about preferential treatment of Applicant's insiders
because this element is a bona fide compensation plan of the type that
is common among corporations generally. In addition, section
61(a)(4)(B) of the Act permits a BDC to issue to its directors,
officers, employees, and general partners warrants, options, and rights
to purchase the BDC's voting securities pursuant to an executive
compensation plan, subject to certain conditions. Applicant states that
section 61 and its legislative history do not address the issuance by a
BDC of restricted stock as incentive compensation. Applicant believes,
however, that the issuance of Restricted Shares is substantially
similar, for purposes of investor protection under the Act, to the
issuance of warrants, options, and rights as contemplated by section
61. Applicant also asserts that the issuance of Restricted Shares would
not become a means for insiders to obtain control of Applicant because
the maximum amount of Restricted Shares that may be issued under the
Amended Plan at any one time will be ten percent of the outstanding
shares of common stock of Applicant.
    5. Applicant further states that the Restricted Shares feature will
not unduly complicate Applicant's capital structure because equity-
based incentive compensation arrangements are widely used among
corporations and commonly known to investors. Applicant notes that the
Amended Plan will be submitted for approval to the Applicant's
stockholders. Applicant represents that the proxy materials submitted
to Applicant's stockholders will contain a concise ``plain English''
description of the Amended Plan and its potential dilutive effect.
Applicant also states that it will comply with the proxy disclosure
requirements in Item 10 of Schedule 14A under the Securities

Exchange Act of 1934. Applicant further notes that the Amended Plan
will be disclosed to investors in accordance with the requirements of
the Form N-2 registration statement for closed-end investment companies
and pursuant to the standards and guidelines adopted by the Financial
Accounting Standards Board for operating companies. Applicant also will
comply with the disclosure requirements for executive compensation
plans applicable to BDCs.\5\ Applicant thus concludes that the Amended
Plan will be adequately disclosed to investors and appropriately
reflected in the market value of Applicant's shares.
---------------------------------------------------------------------------

    \5\ See Executive Compensation and Related Party Disclosure,
Securities Act Release No. 8655 (Jan. 27, 2006) (proposed rule);
Executive Compensation and Related Party Disclosure, Securities Act
Release No. 8732A (Aug. 29, 2006) (final rule and proposed rule), as
amended by Executive Compensation Disclosure, Securities Act Release
No. 8756 (Dec. 22, 2006) (adopted as interim final rules with
request for comments).
---------------------------------------------------------------------------

    6. Applicant acknowledges that awards granted under the Amended
Plan may have a dilutive effect on the stockholders' equity per share
in Applicant, but believes that effect would be outweighed by the
anticipated benefits of the Amended Equity Incentive Plan to Applicant
and its stockholders. Moreover, based on the manner in which the
issuance of Restricted Shares pursuant to the Amended Plan will be
administered, the Restricted Shares will be no more dilutive than if
Applicant were to issue only Options to Participants who are employees,
as is permitted by Section 61(a)(4) of the Act. Applicant asserts that
it needs the flexibility to provide the requested equity-based
compensation in order to be able to compete effectively with commercial
banks, investment banks, and other publicly traded companies that also
are not investment companies registered under the Act for talented
professionals. These professionals, Applicant suggests, in turn are
likely to increase Applicant's performance and stockholder value.
Applicant also asserts that equity-based compensation would more
closely align the interests of Applicant's employees and Non-Employee
Directors with those of its stockholders. In addition, Applicant states
that its stockholders will be further protected by the conditions to
the requested order that assure continuing oversight of the operation
of the Amended Plan by the Board.

Section 57(a)(4), Rule 17d-1

    7. Section 57(a) proscribes certain transactions between a BDC and
persons related to the BDC in the manner described in section 57(b)
(``57(b) persons''), absent a Commission order. Section 57(a)(4)
generally prohibits a 57(b) person from effecting a transaction in
which the BDC is a joint participant absent such an order. Rule l7d-1,
made applicable to BDCs by section 57(i), proscribes participation in a
``joint enterprise or other joint arrangement or profit-sharing plan,''
which includes a stock option or purchase plan. Employees and directors
of a BDC are 57(b) persons. Thus, the issuance of Restricted Shares
could be deemed to involve a joint transaction involving a BDC and a
57(b) person in contravention of section 57(a)(4). Rule 17d-1(b)
provides that, in considering relief pursuant to the rule, the
Commission will consider (a) whether the participation of the BDC in a
joint enterprise is consistent with the policies and purposes of the
Act and (b) the extent to which such participation is on a basis
different from or less advantageous than that of other participants.
    8. Applicant requests an order pursuant to sections 57(a)(4) and
57(i) of the Act and rule 17d-1 under the Act to permit Applicant to
issue Restricted Shares under the Amended Plan. Applicant acknowledges
that its role is necessarily different from the other participants
because the other participants are its directors, officers, and
employees. It notes, however, that the Amended Plan is in the interest
of the Applicant's stockholders, because the Amended Plan will help
align the interests of Applicant's employees with those of its
stockholders, which will encourage conduct on the part of those
employees designed to produce a better return for Applicant's
stockholders. Additionally, section 57(j)(1) of the Act expressly
permits any director, officer or employee of a BDC to acquire warrants,
options and rights to purchase voting securities of such BDC, and the
securities issued upon the exercise or conversion thereof, pursuant to
an executive compensation plan which meets the requirements of section
61(a)(4)(B) of the Act. Applicant submits that the issuance of
Restricted Shares pursuant to the Amended Plan poses no greater risk to
stockholders than the issuances permitted by section 57(j)(1) of the
Act.

Section 23(c)

    9. Section 23(c) of the Act, which is made applicable to BDCs by
section 63 of the Act, generally prohibits a BDC from purchasing any
securities of which it is the issuer except in the open market pursuant
to tenders, or under other circumstances as the Commission may permit
to ensure that the purchases are made in a manner or on a basis that
does not unfairly discriminate against any holders of the class or
classes of securities to be purchased. Applicant states that the
withholding or purchase of Restricted Shares and common stock in
payment of applicable withholding tax obligations or of common stock in
payment for the exercise price of a stock option might be deemed to be
purchases by the Company of its own securities within the meaning of
section 23(c) and therefore prohibited by the Act.
    10. Section 23(c)(3) of the Act permits a BDC to purchase
securities of which it is the issuer in circumstances in which the
repurchase is made in a manner or on a basis that does not unfairly
discriminate against any holders of the class or classes of securities
to be purchased. Applicant believes that the requested relief meets the
standards of section 23(c)(3).
    11. Applicant submits that these purchases will be made in a manner
that does not unfairly discriminate against Applicant's stockholders
because all purchases of Applicant's stock will be at the closing price
of the common stock on the Nasdaq Capital Market (or any primary
exchange on which its shares of common stock may be traded in the
future) on the relevant date. Applicant submits that because all
transactions with respect the Amended Plan will take place at the
public market price for the Applicant's common stock, these
transactions will not be significantly different than could be achieved
by any stockholder selling in a market transaction. Applicant
represents that no transactions will be conducted pursuant to the
requested order on days where there are no reported market transactions
involving Applicant's shares.
    12. Applicant represents that the withholding provisions in the
Amended Plan do not raise concerns about preferential treatment of
Applicant's insiders because the Amended Plan is a bona fide
compensation plan of the type that is common among corporations
generally. Furthermore, the vesting schedule is determined at the time
of the initial grant of the Restricted Shares and the option exercise
price is determined at the time of the initial grant of the Options.
Applicant represents that all purchases may be made only as permitted
by the Amended Plan, which will be approved by the Applicant's
stockholders prior to any application of the relief. Applicant believes
that granting the requested relief would be consistent with the
policies underlying the provisions of the

Act permitting the use of equity compensation as well as prior
exemptive relief granted by the Commission under section 23(c) of the
Act.

Applicant's Conditions

    Applicant agrees that the order granting the requested relief will
be subject to the following conditions:
    1. The Amended Plan will be authorized by Applicant's stockholders.
    2. Each issuance of Restricted Shares to a Participant will be
approved by the Required Majority of Applicant's directors on the basis
that such grant is in the best interest of Applicant and its
stockholders.
    3. The amount of voting securities that would result from the
exercise of all of Applicant's outstanding warrants, options and
rights, together with any Restricted Shares issued under the Amended
Plan, at the time of issuance shall not exceed 25 percent of the
outstanding voting securities of Applicant, except that if the amount
of voting securities that would result from the exercise of all of
Applicant's outstanding warrants, options and rights issued to
Applicant's directors, officers and employees, together with any
Restricted Shares issued pursuant to the Amended Plan, would exceed 15
percent of the outstanding voting securities of Applicant, then the
total amount of voting securities that would result from the exercise
of all outstanding warrants, options and rights, together with any
Restricted Shares issued pursuant to the Amended Plan, at the time of
issuance shall not exceed 20 percent of the outstanding voting
securities of Applicant.
    4. The amount of Restricted Shares issued and outstanding will not
at the time of issuance of any Restricted Shares exceed ten percent of
Applicant's outstanding voting securities.
    5. The Board will review the Amended Plan at least annually. In
addition, the Board will review periodically the potential impact that
the issuance of Restricted Shares under the Amended Plan could have on
Applicant's earnings and net asset value per share, such review to take
place prior to any decisions to grant Restricted Shares under the
Amended Plan, but in no event less frequently than annually. Adequate
procedures and records will be maintained to permit such review. The
Board will be authorized to take appropriate steps to ensure that the
issuance of Restricted Shares under the Amended Plan will be in the
best interests of Applicant's stockholders. This authority will include
the authority to prevent or limit the granting of additional Restricted
Shares under the Amended Plan. All records maintained pursuant to this
condition will be subject to examination by the Commission and its
staff.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-11139 Filed 5-22-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Notices]
[Page 72697]
[FR Doc No: 2011-30341]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-421-000]

 Heritage Garden Wind Farm I, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Heritage Garden Wind Farm I, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 18, 2011.
    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 Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for 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 email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 18, 2011.
Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2011-30341 Filed 11-23-11; 8:45 am]
BILLING CODE 6717-01-P