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997-WE-PA      PA   04/24/96     0.00           R
997-WE-PA      PA   05/08/96     0.00           F
997-WE-PA      PA   05/08/96     0.00           R
997-WE-PA      PA   05/22/96     0.00           F
997-WE-PA      PA   05/22/96     0.00           R
997-WE-PA      PA   06/05/96     0.00           F
997-WE-PA      PA   06/05/96     0.00           R
997-WE-PA      PA   06/19/96     0.00           F
997-WE-PA      PA   06/19/96     0.00           R
997-WE-PA      PA   07/02/96     0.00           F
997-WE-PA      PA   07/02/96     0.00           R
997-WE-PA      PA   07/17/96     0.00           F
997-WE-PA      PA   07/17/96     0.00           R
997-WE-PA      PA   07/31/96     0.00           F
997-WE-PA      PA   07/31/96     0.00           R
997-WE-PA      PA   08/14/96     0.00           F
997-WE-PA      PA   08/14/96     0.00           R
997-WE-PA      PA   08/28/96     0.00           F
997-WE-PA      PA   08/28/96     0.00           R
997-WE-PA      PA   11/20/96     0.00           F
997-WE-PA      PA   11/20/96     0.00           R
10-PW-WI       WI   03/13/95     0.00           F
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10-PW-WI       WI   04/10/95     0.00           F
10-PW-WI       WI   04/24/95     0.00           F
10-PW-WI       WI   05/08/95     0.00           F
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10-PW-WI       WI   07/06/95     0.00           F
10-PW-WI       WI   07/17/95     0.00           F
10-PW-WI       WI   07/31/95     0.00           F
10-PW-WI       WI   08/14/95     0.00           F
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10-PW-WI       WI   11/16/95     0.00           F
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10-PW-WI       WI   06/10/96     0.00           F
10-PW-WI       WI   06/24/96     0.00           F
10-PW-WI       WI   07/08/96     0.00           F
10-PW-WI       WI   07/22/96     0.00           F
10-PW-WI       WI   08/05/96     0.00           F
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13-AP-WI       WI   03/13/95     0.00           F
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13-AP-WI       WI   03/27/95     0.00           F
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[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Notices]
[Pages 40423-40424]
[FR Doc No: 2019-17463]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-2479]

Gastroparesis: Clinical Evaluation of Drugs for Treatment; Draft
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled
``Gastroparesis: Clinical Evaluation of Drugs for Treatment.'' This
draft guidance is intended to provide the FDA's current thinking
regarding clinical trial design and clinical endpoint assessments to
support development of drugs for the treatment of diabetic and
idiopathic gastroparesis. This draft guidance replaces the draft
guidance for industry of the same name issued July 23, 2015.

DATES: Submit either electronic or written comments on the draft
guidance by October 15, 2019 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

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

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2015-D-2479 for ``Gastroparesis: Clinical Evaluation of Drugs for
Treatment.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Juli Tomaino, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 5373, Silver Spring, MD 20993-0002, 301-
796-8812.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Gastroparesis: Clinical Evaluation of Drugs for Treatment.''
The purpose of this draft guidance is to assist sponsors in the
clinical development of drugs for the treatment of diabetic and
idiopathic gastroparesis. This draft guidance replaces the draft
guidance for industry of the same name issued July 23, 2015 (80 FR
43781). This draft was updated to address public comments received in
2015 and to reflect FDA's current thinking on the development of
clinical outcome assessment tools and statistical considerations for
use of those tools as a measure of the primary and secondary efficacy
endpoints.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the FDA's current thinking of FDA on
``Gastroparesis: Clinical Evaluation of Drugs for Treatment.'' It does
not establish any rights for any person and is not binding on FDA or
the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations. This guidance
is not subject to Executive Order 12866.

II. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR parts 312 and 314 have been
approved under OMB control numbers 0910-0014 and 0910-0001,
respectively.

III. Electronic Access

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

    Dated: August 8, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-17463 Filed 8-13-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6238-6243]
[FR Doc No: 2014-02142]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30895; File No. 812-14182]

The Ohio National Life Insurance Company, et al.; Notice of
Application

January 28, 2014.
AGENCY: Securities and Exchange Commission (the ``Commission'').

ACTION: Notice.

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

SUMMARY: Notice of an application for an order under section
12(d)(1)(J) of the Investment Company Act of 1940 (the ``Act''), for an
exemption from sections 12(d)(1)(A) and (B) of the Act, under sections
6(c) and 17(b) of the Act for an exemption from section 17(a) of the
Act, and under section 6(c) of the Act for an exemption from rule 12d1-
2(a) under the Act. Summary of the Application: Applicants request an
order that would (a) permit certain series of registered open-end
management investment companies to acquire shares of other registered
open-end management investment companies and unit investment trusts
(``UITs'') that are within or outside the same ``group of

investment companies,'' as defined in section 12(d)(1)(G)(ii) of the
Act, as the acquiring company and (b) permit certain series of
registered open-end management investment companies relying on rule
12d1-2 under the Act to invest in certain financial instruments.
    Applicants: The Ohio National Life Insurance Company (``ONLIC''),
Ohio National Life Assurance Corporation (``ONLAC''), National Security
Life and Annuity Company (``National Security,'' and collectively with
ONLIC and ONLAC, the ``Insurance Companies'') (including any insurance
company controlling, controlled by or under common control with the
Insurance Companies), Ohio National Investments, Inc. (the
``Adviser''), and Ohio National Fund, Inc. (the ``Fund'')
(collectively, ``Applicants'').

DATES: Filing Dates: The application was filed on July 23, 2013 and
amended on December 13, 2013.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving Applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on February 24, 2014, and should be accompanied by proof of
service on Applicants in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: The Commission: Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants:
Kimberly A. Plante, Esq., Ohio National Fund, Inc., One Financial Way,
Montgomery, OH 45242.

FOR FURTHER INFORMATION CONTACT: Kay-Mario Vobis, Senior Counsel, at
(202) 551-6728, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

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

Applicants' Representations

    1. The Fund is a Maryland corporation registered under the Act as
an open-end management investment company and is comprised of multiple
portfolios, each of which has its own investment objective, policies
and restrictions.\1\ Shares of the Portfolios are not offered directly
to the public. Shares of the Portfolios are offered through separate
accounts that are registered as UITs under the Act (``Registered
Separate Accounts'') or accounts that are exempt from registration
under the Act (``Unregistered Separate Accounts,'' and together with
the Registered Separate Accounts, ``Separate Accounts'') of the
Insurance Companies and serve as the underlying funding vehicles for
the variable life insurance contracts and variable annuity contracts
(the ``Contracts'') issued by the Insurance Companies. Shares of the
Portfolios may also be offered to certain of the general accounts of
the Insurance Companies or to other Portfolios.
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    \1\ Applicants request that the order extend to any existing or
future portfolio of the Fund and any existing or future registered
open-end management investment company or portfolio thereof that
currently or subsequently is part of the same ``group of investment
companies,'' as defined in section 12(d)(1)(G)(ii) of the Act, as
the Fund and is, or will be, advised by the Adviser or any other
investment adviser controlling, controlled by, or under common
control with the Adviser (together with the existing portfolios of
the Fund, the ``Portfolios''). All entities that currently intend to
rely on the requested order are named as Applicants and any other
entity that relies on the order in the future will comply with the
terms and conditions of the application.
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    2. The Adviser is an Ohio corporation registered as an investment
adviser under the Investment Advisers Act of 1940, as amended (the
``Advisers Act'') and serves as investment adviser to the Fund and each
Portfolio. The Adviser is a wholly-owned subsidiary of Ohio National
Life.
    3. ONLIC is organized as a stock life insurance company under the
laws of Ohio and is a wholly-owned subsidiary of Ohio National
Financial Services, Inc. ONLAC is organized as a stock life insurance
company under the laws of Ohio and is a wholly-owned stock subsidiary
of ONLIC. National Security is incorporated under the laws of the State
of New York and is also a wholly-owned stock subsidiary of ONLIC.
    4. Applicants request relief to permit: (a) Certain Portfolios
(each, a ``Fund of Funds,'' and collectively, the ``Funds of Funds'')
to acquire shares of registered open-end management investment
companies and UITs that are not part of the same ``group of investment
companies,'' as defined in section 12(d)(1)(G)(ii) of the Act, as the
Funds of Funds (the ``Unaffiliated Investment Companies'' and
``Unaffiliated Trusts,'' respectively, and together, the ``Unaffiliated
Funds''); \2\ (b) the Unaffiliated Investment Companies, their
principal underwriters and any broker or dealer registered under the
Securities Exchange Act of 1934, as amended (the ``Exchange Act'', and
any such broker or dealer, a ``Broker''), to sell shares of the
Unaffiliated Investment Companies to the Funds of Funds in excess of
the limitations in section 12(d)(1)(B) of the Act; (c) the Funds of
Funds to acquire shares of certain other Portfolios in the same ``group
of investment companies,'' as defined in section 12(d)(1)(G)(ii) of the
Act, as the Funds of Funds (the ``Affiliated Funds,'' and together with
the Unaffiliated Funds, the ``Underlying Funds''); \3\ and (d) the
Affiliated Funds, their principal underwriters and any Broker to sell
shares of the Affiliated Funds to the Funds of Funds in excess of the
limitations in section 12(d)(1)(B) of the Act. Applicants also request
an order under sections 6(c) and 17(b) of the Act exempting the
transactions described in (a) through (d) above from section 17(a) of
the Act to the extent necessary to permit an Underlying Fund that is an
affiliated person of a Fund of Funds to sell its shares to, and redeem
its shares from, the Fund of Funds.
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    \2\ Certain of the Unaffiliated Funds may have received
exemptive relief or are otherwise permitted to list and trade their
shares on a national securities exchange at negotiated prices
(``ETFs'').
    \3\ Certain of the Underlying Funds currently pursue, or may in
the future pursue, their investment objectives through a master-
feeder arrangement in reliance on section 12(d)(1)(E) of the Act. In
accordance with condition 12, a Fund of Funds may not invest in an
Underlying Fund that operates as a feeder fund unless the feeder
fund is part of the same ``group of investment companies,'' as
defined in section 12(d)(1)(G)(ii) of the Act, as its corresponding
master fund or the Fund of Funds. If a Fund of Funds invests in an
Affiliated Fund that operates as a feeder fund and the corresponding
master fund is not within the same ``group of investment
companies,'' as defined in section 12(d)(1)(G)(ii) of the Act, as
the Fund of Funds and Affiliated Fund, the master fund would be an
Unaffiliated Fund for purposes of the application and its
conditions.
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    5. Applicants also request an exemption to the extent necessary to
permit a Fund of Funds that invests in Underlying Funds in reliance on
section 12(d)(1)(G) of the Act (a ``Section 12(d)(1)(G) Fund of
Funds''), and that is eligible to invest in securities (as defined in
section 2(a)(36) of the Act) in reliance on rule 12d1-2 under the Act,
to also invest, to the extent consistent with its investment objective,
policies, strategies and limitations, in financial instruments that may
not be securities within the meaning of section 2(a)(36) of the Act
(``Other Investments'').

Applicants' Legal Analysis

A. Investments in Underlying Funds--Section 12(d)(1)

    1. Section 12(d)(1)(A) of the Act prohibits a registered investment
company (an ``acquiring company'') from acquiring shares of another
investment company (an ``acquired company'') if the securities
represent more than 3% of the total outstanding voting stock of the
acquired company, more than 5% of the total assets of the acquiring
company, or, together with the securities of any other investment
companies, more than 10% of the total assets of the acquiring company.
Section 12(d)(1)(B) of the Act prohibits a registered open-end
investment company, its principal underwriter and any Broker from
selling the shares of the investment company to another investment
company if the sale will cause the acquiring company to own more than
3% of the acquired company's voting stock, or if the sale will cause
more than 10% of the acquired company's voting stock to be owned by
investment companies generally.
    2. Section 12(d)(1)(J) of the Act provides that the Commission may
exempt any person, security, or transaction, or any class or classes of
persons, securities or transactions, from any provision of section
12(d)(1) of the Act if the exemption is consistent with the public
interest and the protection of investors. Applicants seek an exemption
under section 12(d)(1)(J) of the Act from the limitations of sections
12(d)(1)(A) and (B) of the Act to the extent necessary to permit the
Funds of Funds to acquire shares of the Underlying Funds in excess of
the limits set forth in section 12(d)(1)(A) of the Act and to permit
the Unaffiliated Investment Companies and Affiliated Funds, their
principal underwriters and any Broker to sell shares of the
Unaffiliated Investment Companies and Affiliated Funds to the Funds of
Funds in excess of the limits set forth in section 12(d)(1)(B) of the
Act.
    3. Applicants state that the proposed arrangement will not give
rise to the policy concerns underlying sections 12(d)(1)(A) and (B) of
the Act, which include concerns about undue influence by a Fund of
Funds or its affiliated persons over the Underlying Funds, excessive
layering of fees, and overly complex fund structures. Accordingly,
Applicants believe that the requested exemption is consistent with the
public interest and the protection of investors.
    4. Applicants state that the proposed structure will not result in
the exercise of undue influence by a Fund of Funds or its affiliated
persons over the Underlying Funds. Applicants note that the concerns
about undue influence do not arise in connection with a Fund of Funds'
investment in the Affiliated Funds, since the Affiliated Funds are part
of the same ``group of investment companies,'' as defined in section
12(d)(1)(G)(ii) of the Act, as the Funds of Funds. To limit the control
that a Fund of Funds or its affiliated persons may have over an
Unaffiliated Fund, Applicants submit that condition 1 prohibits the
Group \4\ and the Sub-Adviser Group \5\ from controlling (individually
or in the aggregate) an Unaffiliated Fund within the meaning of section
2(a)(9) of the Act.
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    \4\ The Adviser and any person controlling, controlled by or
under common control with the Adviser, any investment company and
any issuer that would be an investment company but for section
3(c)(1) or section 3(c)(7) of the Act advised or sponsored by the
Adviser or any person controlling, controlled by or under common
control with the Adviser are, collectively, the ``Group.''
    \5\ Any investment adviser within the meaning of section
2(a)(20)(B) of the Act to a Fund of Funds (each, a ``Sub-Adviser''),
any person controlling, controlled by or under common control with a
Sub-Adviser, and any investment company or issuer that would be an
investment company but for section 3(c)(1) or 3(c)(7) of the Act (or
portion of such investment company or issuer) advised or sponsored
by a Sub-Adviser or any person controlling, controlled by or under
common control with the Sub-Adviser are, collectively, the ``Sub-
Adviser Group.''
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    5. Applicants further state that condition 2 precludes a Fund of
Funds, the Adviser, any Sub-Adviser, promoter or principal underwriter
of a Fund of Funds, and any person controlling, controlled by or under
common control with any of those entities (each, a ``Fund of Funds
Affiliate'') from taking advantage of an Unaffiliated Fund, with
respect to transactions between the Fund of Funds or a Fund of Funds
Affiliate and the Unaffiliated Fund or the Unaffiliated Fund's
investment adviser(s), sponsor, promoter, principal underwriter and any
person controlling, controlled by or under common control with any of
those entities (each, an ``Unaffiliated Fund Affiliate'').
    6. Condition 5 precludes a Fund of Funds or Fund of Funds Affiliate
(except to the extent it is acting in its capacity as an investment
adviser to an Unaffiliated Investment Company or sponsor to an
Unaffiliated Trust) from causing an Unaffiliated Fund to purchase a
security in an offering of securities during the existence of any
underwriting or selling syndicate of which a principal underwriter is
an Underwriting Affiliate (an ``Affiliated Underwriting'').\6\
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    \6\ An ``Underwriting Affiliate'' is an officer, director,
member of an advisory board, Adviser, Sub-Adviser, or employee of
the Fund of Funds, or a person of which any such officer, director,
Adviser, Sub-Adviser, member of an advisory board, or employee is an
affiliated person. However, any person whose relationship to the
Unaffiliated Fund is covered by section 10(f) of the Act is not an
Underwriting Affiliate.
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    7. As an additional assurance that an Unaffiliated Investment
Company understands the implications of an investment by a Fund of
Funds under the requested order, prior to an investment in the shares
of the Unaffiliated Investment Company in excess of the limit in
section 12(d)(1)(A)(i) of the Act, the Fund of Funds and the
Unaffiliated Investment Company will execute an agreement (the
``Participation Agreement'') stating, without limitation, that their
respective boards of directors or trustees (for any entity, the
``Board'') and their investment advisers understand the terms and
conditions of the order and agree to fulfill their respective
responsibilities under the order. Applicants note that an Unaffiliated
Investment Company (other than an ETF whose shares are purchased by a
Fund of Funds in the secondary market) will retain its right at all
times to reject any investment by a Fund of Funds.\7\
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    \7\ An Unaffiliated Investment Company, including an ETF, would
retain its right to reject any initial investment by a Fund of Funds
in excess of the limit in section 12(d)(1)(A)(i) of the Act by
declining to execute the Participation Agreement with the Fund of
Funds.
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    8. Applicants do not believe that the proposed arrangement will
result in excessive layering of fees. With respect to investment
advisory fees, Applicants state that, in connection with the approval
of any investment advisory contract under section 15 of the Act, the
Board of each Fund of Funds, including a majority of the trustees who
are not ``interested persons,'' as defined in section 2(a)(19) of the
Act (for any Board, the ``Disinterested Trustees''), will find that the
advisory or management fees charged to a Fund of Funds under the
advisory contract are based on services provided that are in addition
to, rather than duplicative of, services provided pursuant to any
Underlying Fund's advisory contract(s). Applicants further state that
the Adviser will waive fees otherwise payable to it by a Fund of Funds
in an amount at least equal to any compensation (including fees
received pursuant to any plan adopted by an Unaffiliated Investment
Company pursuant to rule 12b-1 under the Act) received from an
Unaffiliated Fund by the Adviser, or an affiliated person of the
Adviser, other than any advisory fees paid to the Adviser or an
affiliated person of the Adviser by an Unaffiliated Investment Company,
in connection with the

investment by the Fund of Funds in the Unaffiliated Fund.
    9. Applicants state that, with respect to Registered Separate
Accounts that invest in a Fund of Funds, no sales load will be charged
at the Fund of Funds level or at the Underlying Fund level. Other sales
charges and service fees, as defined in Rule 2830 of the NASD Conduct
Rules (``NASD Conduct Rule 2830''),\8\ if any, will only be charged at
the Fund of Funds level or at the Underlying Fund level, not both. With
respect to other investments in a Fund of Funds, any sales charges and/
or service fees charged with respect to shares of the Fund of Funds
will not exceed the limits applicable to funds of funds as set forth in
NASD Conduct Rule 2830.
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    \8\ Any references to NASD Conduct Rule 2830 include any
successor or replacement rule to NASD Conduct Rule 2830 that may be
adopted by FINRA.
---------------------------------------------------------------------------

    10. Applicants represent that each Fund of Funds will represent in
the Participation Agreement that no Insurance Company sponsoring a
Registered Separate Account funding Contracts will be permitted to
invest in the Fund of Funds unless the Insurance Company has certified
to the Fund of Funds that the aggregate of all fees and charges
associated with each Contract that invests in the Fund of Funds,
including fees and charges at the Separate Account, Fund of Funds, and
Underlying Fund levels, are reasonable in relation to the services
rendered, the expenses expected to be incurred, and the risks assumed
by the Insurance Company.
    11. Applicants state that the proposed arrangement will not create
an overly complex fund structure. Applicants note that an Underlying
Fund will be prohibited from acquiring securities of any other
investment company or company relying on section 3(c)(1) or 3(c)(7) of
the Act in excess of the limits contained in section 12(d)(1)(A) of the
Act, except to the extent that such Underlying Fund: (a) Acquires such
securities in compliance with section 12(d)(1)(E) of the Act and either
is an Affiliated Fund or is in the same ``group of investment
companies,'' as defined in section 12(d)(1)(G)(ii) of the Act, as its
corresponding master fund; (b) receives securities of another
investment company as a dividend or as a result of a plan of
reorganization of a company (other than a plan devised for the purpose
of evading section 12(d)(1) of the Act); or (c) acquires (or is deemed
to have acquired) securities of another investment company pursuant to
exemptive relief from the Commission permitting such Underlying Fund
to: (i) Acquire securities of one or more investment companies for
short-term cash management purposes, or (ii) engage in interfund
borrowing and lending transactions.

B. Investments in Underlying Funds--Section 17(a)

    1. Section 17(a) of the Act generally prohibits sales or purchases
of securities between a registered investment company and its
affiliated persons or affiliated persons of such persons. Section
2(a)(3) of the Act defines an ``affiliated person'' of another person
to include (a) any person directly or indirectly owning, controlling,
or holding with power to vote, 5% or more of the outstanding voting
securities of the other person; (b) any person 5% or more of whose
outstanding voting securities are directly or indirectly owned,
controlled, or held with power to vote by the other person; and (c) any
person directly or indirectly controlling, controlled by, or under
common control with the other person.
    2. Applicants state that the Funds of Funds and the Affiliated
Funds may be deemed to be under common control and therefore affiliated
persons of one another. Applicants also state that the Funds of Funds
and the Underlying Funds may be deemed to be affiliated persons of one
another if a Fund of Funds acquires 5% or more of an Underlying Fund's
outstanding voting securities. In light of these and other possible
affiliations, section 17(a) of the Act could prevent an Underlying Fund
from selling shares to, and redeeming shares from, a Fund of Funds.\9\
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    \9\ Applicants acknowledge that receipt of any compensation by
(a) an affiliated person of a Funds of Funds, or an affiliated
person of such person, for the purchase by the Fund of Funds of
shares of an Underlying Fund or (b) an affiliated person of an
Underlying Fund, or an affiliated person of such person, for the
sale by the Underlying Fund of its shares to a Fund of Funds may be
prohibited by section 17(e)(1) of the Act. The Participation
Agreement also will include this acknowledgement.
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    3. Section 17(b) of the Act authorizes the Commission to grant an
order permitting a transaction otherwise prohibited by section 17(a) of
the Act if it finds that (a) the terms of the proposed transaction are
fair and reasonable and do not involve overreaching on the part of any
person concerned; (b) the proposed transaction is consistent with the
policies of each registered investment company involved; and (c) the
proposed transaction is consistent with the general purposes of the
Act. Section 6(c) of the Act permits the Commission to exempt any
person or transactions from any provision of the Act if such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act.
    4. Applicants submit that the proposed transactions satisfy the
standards for relief under sections 17(b) and 6(c) of the Act, as the
terms are fair and reasonable and do not involve overreaching.
Applicants state that the terms upon which an Underlying Fund will sell
its shares to or purchase its shares from a Fund of Funds will be based
on the net asset value of each Underlying Fund.\10\ Applicants also
state that the proposed transactions will be consistent with the
policies of each Fund of Funds and Underlying Fund, and with the
general purposes of the Act.
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    \10\ To the extent purchases and sales of shares of an ETF occur
in the secondary market (and not through principal transactions
directly between a Fund of Funds and an ETF), relief from section
17(a) of the Act would not be necessary. The requested relief is
intended to cover, however, transactions directly between ETFs and a
Fund of Funds. Applicants are not seeking relief from section 17(a)
for, and the requested relief will not apply to, transactions where
an ETF could be deemed an affiliated person, or an affiliated person
of an affiliated person, of a Fund of Funds because the investment
adviser to the ETF or an entity controlling, controlled by or under
common control with the investment adviser to the ETF is an
investment adviser to the Fund of Funds.
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C. Other Investments by Section 12(d)(1)(G) Funds of Funds

    1. Section 12(d)(1)(G) of the Act provides that section 12(d)(1)
will not apply to securities of an acquired company purchased by an
acquiring company if: (i) The acquiring company and acquired company
are part of the same ``group of investment companies,'' as defined in
section 12(d)(1)(G)(ii) of the Act; (ii) the acquiring company holds
only securities of acquired companies that are part of the same ``group
of investment companies,'' as defined in section 12(d)(1)(G)(ii) of the
Act, government securities, and short-term paper; (iii) the aggregate
sales loads and distribution-related fees of the acquiring company and
the acquired company are not excessive under rules adopted pursuant to
section 22(b) or section 22(c) of the Act by a securities association
registered under section 15A of the Exchange Act or by the Commission;
and (iv) the acquired company has a policy that prohibits it from
acquiring securities of registered open-end management investment
companies or registered UITs in reliance on section 12(d)(1)(F) or (G)
of the Act.
    2. Rule 12d1-2 under the Act permits a registered open-end
investment company or a registered UIT that relies on section
12(d)(1)(G) of the Act to

acquire, in addition to securities issued by another registered
investment company in the same group of investment companies,
government securities, and short-term paper: (1) Securities issued by
an investment company that is not in the same group of investment
companies, when the acquisition is in reliance on section 12(d)(1)(A)
or 12(d)(1)(F) of the Act; (2) securities (other than securities issued
by an investment company); and (3) securities issued by a money market
fund, when the investment is in reliance on rule 12d1-1 under the Act.
For the purposes of rule 12d1-2, ``securities'' means any security as
defined in section 2(a)(36) of the Act.
    3. Applicants state that the proposed arrangement would comply with
the provisions of rule 12d1-2 under the Act, but for the fact that the
Section 12(d)(1)(G) Funds of Funds may invest a portion of their assets
in Other Investments. Applicants request an order under section 6(c) of
the Act for an exemption from rule 12d1-2(a) to allow the Section
12(d)(1)(G) Funds of Funds to invest in Other Investments. Applicants
assert that permitting the Section 12(d)(1)(G) Funds of Funds to invest
in Other Investments as described in the application would not raise
any of the concerns that the requirements of section 12(d)(1) of the
Act were designed to address.
    4. Consistent with its fiduciary obligations under the Act, each
Section 12(d)(1)(G) Fund of Funds' Board will review the advisory fees
charged by the Section 12(d)(1)(G) Fund of Funds' investment adviser(s)
to ensure that the fees are based on services provided that are in
addition to, rather than duplicative of, services provided pursuant to
the advisory agreement of any investment company in which the Section
12(d)(1)(G) Fund of Funds may invest.

Applicants' Conditions

    Applicants agree that the order granting the requested relief shall
be subject to the following conditions:

Investments in Underlying Funds by Funds of Funds

    1. The members of the Group will not control (individually or in
the aggregate) an Unaffiliated Fund within the meaning of section
2(a)(9) of the Act. The members of a Sub-Adviser Group will not control
(individually or in the aggregate) an Unaffiliated Fund within the
meaning of section 2(a)(9) of the Act. If, as a result of a decrease in
the outstanding voting securities of an Unaffiliated Fund, the Group or
a Sub-Adviser Group, each in the aggregate, becomes a holder of more
than 25% of the outstanding voting securities of the Unaffiliated Fund,
then the Group or the Sub-Adviser Group (except for any member of the
Group or the Sub-Adviser Group that is a Separate Account) will vote
its shares of the Unaffiliated Fund in the same proportion as the vote
of all other holders of the Unaffiliated Fund's shares. A Registered
Separate Account will seek voting instructions from its Contract owners
and will vote its shares of an Unaffiliated Fund in accordance with the
instructions received and will vote those shares for which no
instructions were received in the same proportion as the shares for
which instructions were received. An Unregistered Separate Account will
either: (i) Vote its shares of the Unaffiliated Fund in the same
proportion as the vote of all other holders of the Unaffiliated Fund's
shares; or (ii) seek voting instructions from its Contract owners and
vote its shares in accordance with the instructions received and vote
those shares for which no instructions were received in the same
proportion as the shares for which instructions were received. This
condition will not apply to a Sub-Adviser Group with respect to an
Unaffiliated Fund for which the Sub-Adviser or a person controlling,
controlled by, or under common control with the Sub-Adviser acts as the
investment adviser within the meaning of section 2(a)(20)(A) of the Act
(in the case of an Unaffiliated Investment Company) or as the sponsor
(in the case of an Unaffiliated Trust).
    2. No Fund of Funds or Fund of Funds Affiliate will cause any
existing or potential investment by the Fund of Funds in an
Unaffiliated Fund to influence the terms of any services or
transactions between the Fund of Funds or a Fund of Funds Affiliate and
the Unaffiliated Fund or an Unaffiliated Fund Affiliate.
    3. The Board of each Fund of Funds, including a majority of the
Disinterested Trustees, will adopt procedures reasonably designed to
assure that the Adviser and any Sub-Adviser are conducting the
investment program of the Fund of Funds without taking into account any
consideration received by the Fund of Funds or a Fund of Funds
Affiliate from an Unaffiliated Fund or an Unaffiliated Fund Affiliate
in connection with any services or transactions.
    4. Once an investment by a Fund of Funds in the securities of an
Unaffiliated Investment Company exceeds the limit of section
12(d)(1)(A)(i) of the Act, the Board of the Unaffiliated Investment
Company, including a majority of the Disinterested Trustees, will
determine that any consideration paid by the Unaffiliated Investment
Company to a Fund of Funds or a Fund of Funds Affiliate in connection
with any services or transactions: (a) Is fair and reasonable in
relation to the nature and quality of the services and benefits
received by the Unaffiliated Investment Company; (b) is within the
range of consideration that the Unaffiliated Investment Company would
be required to pay to another unaffiliated entity in connection with
the same services or transactions; and (c) does not involve
overreaching on the part of any person concerned. This condition does
not apply with respect to any services or transactions between an
Unaffiliated Investment Company and its investment adviser(s), or any
person controlling, controlled by or under common control with such
investment adviser(s).
    5. No Fund of Funds or Fund of Funds Affiliate (except to the
extent it is acting in its capacity as an investment adviser to an
Unaffiliated Investment Company or sponsor to an Unaffiliated Trust)
will cause an Unaffiliated Fund to purchase a security in any
Affiliated Underwriting.
    6. The Board of an Unaffiliated Investment Company, including a
majority of the Disinterested Trustees, will adopt procedures
reasonably designed to monitor any purchases of securities by the
Unaffiliated Investment Company in an Affiliated Underwriting, once an
investment by a Fund of Funds in the securities of the Unaffiliated
Investment Company exceeds the limit of section 12(d)(1)(A)(i) of the
Act, including any purchases made directly from an Underwriting
Affiliate. The Board of the Unaffiliated Investment Company will review
these purchases periodically, but no less frequently than annually, to
determine whether the purchases were influenced by the investment by
the Fund of Funds in the Unaffiliated Investment Company. The Board of
the Unaffiliated Investment Company will consider, among other things,
(a) whether the purchases were consistent with the investment
objectives and policies of the Unaffiliated Investment Company; (b) how
the performance of securities purchased in an Affiliated Underwriting
compares to the performance of comparable securities purchased during a
comparable period of time in underwritings other than Affiliated
Underwritings or to a benchmark such as a comparable market index; and
(c) whether the amount of securities purchased by the Unaffiliated

Investment Company in Affiliated Underwritings and the amount purchased
directly from an Underwriting Affiliate have changed significantly from
prior years. The Board of the Unaffiliated Investment Company will take
any appropriate actions based on its review, including, if appropriate,
the institution of procedures designed to assure that purchases of
securities in Affiliated Underwritings are in the best interest of
shareholders.
    7. Each Unaffiliated Investment Company will maintain and preserve
permanently in an easily accessible place a written copy of the
procedures described in the preceding condition, and any modifications
to such procedures, and will maintain and preserve for a period of not
less than six years from the end of the fiscal year in which any
purchase in an Affiliated Underwriting occurred, the first two years in
an easily accessible place, a written record of each purchase of
securities in an Affiliated Underwriting once an investment by a Fund
of Funds in the securities of an Unaffiliated Investment Company
exceeds the limit of section 12(d)(1)(A)(i) of the Act, setting forth
(a) the party from whom the securities were acquired, (b) the identity
of the underwriting syndicate's members, (c) the terms of the purchase,
and (d) the information or materials upon which the determinations of
the Board of the Unaffiliated Investment Company were made.
    8. Prior to its investment in shares of an Unaffiliated Investment
Company in excess of the limit of section 12(d)(1)(A)(i) of the Act,
the Fund of Funds and the Unaffiliated Investment Company will execute
a Participation Agreement stating, without limitation, that their
respective Boards and investment advisers understand the terms and
conditions of the order and agree to fulfill their respective
responsibilities under the order. At the time of its investment in
shares of an Unaffiliated Investment Company in excess of the limit set
forth in section 12(d)(1)(A)(i), a Fund of Funds will notify the
Unaffiliated Investment Company of the investment. At such time, the
Fund of Funds will also transmit to the Unaffiliated Investment Company
a list of the names of each Fund of Funds Affiliate and Underwriting
Affiliate. The Fund of Funds will notify the Unaffiliated Investment
Company of any changes to the list as soon as reasonably practicable
after a change occurs. The Unaffiliated Investment Company and the Fund
of Funds will maintain and preserve a copy of the order, the
Participation Agreement, and the list with any updated information for
the duration of the investment and for a period of not less than six
years thereafter, the first two years in an easily accessible place.
    9. Before approving any advisory contract under section 15 of the
Act, the Board of each Fund of Funds, including a majority of the
Disinterested Trustees, shall find that the advisory fees charged to
the Fund of Funds under the advisory contract are based on services
provided that are in addition to, rather than duplicative of, services
provided under the advisory contract(s) of any Underlying Fund in which
the Fund of Funds may invest. Such finding, and the basis upon which
the finding was made, will be recorded fully in the minute books of the
appropriate Fund of Funds.
    10. The Adviser will waive fees otherwise payable to it by a Fund
of Funds in an amount at least equal to any compensation (including
fees received pursuant to any plan adopted by an Unaffiliated
Investment Company under rule 12b-1 under the Act) received from an
Unaffiliated Fund by the Adviser, or an affiliated person of the
Adviser, other than any advisory fees paid to the Adviser or its
affiliated person by an Unaffiliated Investment Company, in connection
with the investment by the Fund of Funds in the Unaffiliated Fund. Any
Sub-Adviser will waive fees otherwise payable to the Sub-Adviser,
directly or indirectly, by the Fund of Funds in an amount at least
equal to any compensation received by the Sub-Adviser, or an affiliated
person of the Sub-Adviser, from an Unaffiliated Fund, other than any
advisory fees paid to the Sub-Adviser or an affiliated person of the
Sub-Adviser by the Unaffiliated Investment Company, in connection with
the investment by the Fund of Funds in the Unaffiliated Fund made at
the direction of the Sub-Adviser. In the event that the Sub-Adviser
waives fees, the benefit of the waiver will be passed through to the
Fund of Funds.
    11. With respect to Registered Separate Accounts that invest in a
Fund of Funds, no sales load will be charged at the Fund of Funds level
or at the Underlying Fund level. Other sales charges and service fees,
as defined in NASD Conduct Rule 2830, if any, will only be charged at
the Fund of Funds level or at the Underlying Fund level, not both. With
respect to other investments in a Fund of Funds, any sales charges and/
or service fees charged with respect to shares of a Fund of Funds will
not exceed the limits applicable to funds of funds set forth in NASD
Conduct Rule 2830.
    12. No Underlying Fund will acquire securities of any other
investment company or company relying on section 3(c)(1) or 3(c)(7) of
the Act in excess of the limits contained in section 12(d)(1)(A) of the
Act, except to the extent that such Underlying Fund (a) acquires such
securities in compliance with section 12(d)(1)(E) of the Act and either
is an Affiliated Fund or is in the same ``group of investment
companies,'' as defined in section 12(d)(1)(G)(ii) of the Act, as its
corresponding master fund; (b) receives securities of another
investment company as a dividend or as a result of a plan of
reorganization of a company (other than a plan devised for the purpose
of evading section 12(d)(1) of the Act); or (c) acquires (or is deemed
to have acquired) securities of another investment company pursuant to
exemptive relief from the Commission permitting such Underlying Fund to
(i) acquire securities of one or more investment companies for short-
term cash management purposes, or (ii) engage in interfund borrowing
and lending transactions.

Other Investments by Section 12(d)(1)(G) Funds of Funds

    13. The Applicants will comply with all provisions of rule 12d1-2
under the Act, except for paragraph (a)(2) to the extent that it
restricts any Section 12(d)(1)(G) Fund of Funds from investing in Other
Investments as described in the application.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-02142 Filed 1-31-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 5, 2010 (Volume 75, Number 2)]
[Notices]
[Page 360-362]
[DOCID:fr05ja10-59]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0407; FRL-9100-4]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; EPA's ENERGY STAR Program in the
Commercial and Industrial Sectors; EPA ICR No. 1772.05, OMB Control No.
2060-0347

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before February 4,
2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0407, to: (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Air and Radiation
Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC
20460, and (2) OMB by mail to: Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Attention: Desk Officer
for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Mary Susan Bailey, Climate Protection
Partnerships Division, Mailcode: 6202J, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On August 11, 2009 (74 FR 40183), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2006-0407, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West Building,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC
Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: EPA's ENERGY STAR Program in the Commercial and Industrial
Sectors.
    ICR Numbers: EPA ICR No. 1772.05, OMB Control No. 2060-0347.
    ICR Status: This ICR is currently scheduled to expire on February
28, 2010. Under OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at OMB. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9 and are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: EPA created ENERGY STAR as a voluntary program to help
businesses and individuals protect the environment through superior
energy efficiency. The program focuses on reducing utility-generated
emissions by reducing the demand for energy. In 1991, EPA launched the
Green Lights Program to encourage corporations, State and local
governments, colleges and universities, and other organizations to
adopt energy-efficient lighting as a profitable means of preventing
pollution and improving lighting quality. Since then, EPA has rolled
Green Lights into ENERGY STAR and expanded ENERGY STAR to encompass
organization-wide energy performance improvement, such as building
technology upgrades, product purchasing initiatives, and employee
training. At the same time, EPA has streamlined the reporting
requirements of ENERGY STAR and focused on providing incentives for
improvements (e.g., ENERGY STAR Awards Program). EPA also makes tools
and other resources available over the Web to help the public overcome
the barriers to evaluating their energy performance and investing in
profitable improvements. In addition, EPA is always looking for ways to
simplify its information collections, such as by giving organizations
the option of joining ENERGY STAR by completing an online partnership
letter or agreement instead of using regular mail. Partnership in
ENERGY STAR is voluntary and can be terminated by Partners or EPA at
any time. EPA does not expect organizations to join the program unless
they expect participation to be cost-effective and otherwise beneficial
for them.
    In addition, Partners and any other interested party can help EPA
promote energy-efficient technologies by evaluating the efficiency of
their buildings using EPA's on-line tools (e.g., Portfolio Manager) and
applying for recognition.
    If a claim of confidential business information (CBI) is asserted,
EPA will manage that information in accordance with EPA's provisions on
confidentiality.
    Burden Statement: The burden for joining the ENERGY STAR Program
and related activities is expected to vary depending on the type of
Partner. The burden is estimated to be 30 minutes for a Commercial and
Industrial Sector Partner to prepare/submit a Partnership Letter, 1
hour for a Service and Product Provider (SPP) to prepare/submit a
Partnership Agreement and related documents, and 2.5 hours for an
Energy Efficiency Program Sponsor (EEPS) to prepare/submit a
Partnership Agreement and a brief plan outlining the key activities it
intends to undertake to promote ENERGY STAR. These organizations also
may undertake other activities related to their partnership during the
year. The burden is estimated to be about 1 hour for a SPP Partner to
update its contact information and communicate efforts and successes
each year and about 3 hours for an EEPS Partner to update its brief
plan and contact information and promote ENERGY STAR each year.
    The burden for benchmarking in Portfolio Manager is estimated to
vary depending on the type of benchmarking method used. The burden is
estimated to be about 2.75 hours per building for manual benchmarks, 1
hour per building for benchmarks using the import tool, and 30 minutes
per building for benchmarks using the Automated Benchmarking System. In
addition, the burden for using the ENERGY STAR Energy Performance
Indicator is estimated to range from 10 to 15 minutes per plant. The
burden for tracking a plant's energy performance under the ENERGY STAR
Challenge for Industry (e.g., using the ENERGY STAR Energy Tracking
Tool) is estimated to be 2.5 hours per plant. These burden estimates
include the time for conducting initial set-up, gathering facility and
energy data, and entering

the data to track energy performance during the year.
    The burden for applying to EPA for recognition is estimated to vary
depending on the type of recognition. The burden is estimated to range
up to 5 hours to apply for the ENERGY STAR. This includes the time for
gathering information and completing/submitting the application
materials. The burden is estimated to be about 3 hours to apply for the
``Designed to Earn the ENERGY STAR.'' This includes the time for
gathering and entering data into Target Finder and completing/
submitting the application materials. The burden is estimated to range
up to 17 hours for an organization to apply for an ENERGY STAR Award.
This includes the time for preparing and submitting the application
materials.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
    Respondents/Affected Entities: Organizations participating in
ENERGY STAR in the Commercial and Industrial Sectors.
    Approximate Number of Respondents: 18,000.
    Frequency of Response: One-time, on occasion, monthly, annually,
and/or periodically, depending on the type of respondent and
collection.
    Estimated Total Annual Hour Burden: 125,023.
    Estimated Total Annual Cost: $14,659,784, including $8,694,520 in
labor costs and $5,965,264 in O&M costs. There are no capital/start-up
costs to respondents.
    Changes in the Estimates: There is an increase of 70,523 hours in
the total estimated annual burden hours currently identified in the OMB
Inventory of Approved ICR Burdens. Specifically, there is a 3,065-hour
decrease due to program changes and a 73,588-hour increase due to
adjustments resulting from program growth. This resulted in a net
increase of 70,523 hours.

    Dated: December 24, 2009.
Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. E9-31277 Filed 1-4-10; 8:45 am]

BILLING CODE 6560-50-P