[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Notices]
[Pages 16246-16247]
[FR Doc No: 2021-06240]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-563, OMB Control No. 3235-0694]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 17g-10 and Form ABS Due Diligence--15E

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17g-10 and Form ABS Due
Diligence--15E under the Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.).\1\ The Commission plans to submit this existing collection of
information to the Office of Management and Budget for extension and
approval.
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    \1\ See 17 CFR 240.17g-1 and 17 CFR 249b.300.
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    Rule 17g-10 contains certain certification requirements for third-
party due diligence service providers that are employed by an NRSRO, an
issuer, or an underwriter, which must be made on Form ABS Due
Diligence--15E. The Commission estimates that the total burden for
respondents to comply with Rule 17g-10 is 330 hours.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information on
respondents; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display

a valid Office of Management and Budget (OMB) control number.
    Please direct your written comments to: Dave Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Cynthia
Roscoe, 100 F St. NE, Washington, DC 20549 or send an email to:
<EMAIL_ADDRESS>
    Dated: March 22, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-06240 Filed 3-25-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11821-11822]
[FR Doc No: 2016-04885]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The effective date of May 16, 2016 which has been established
for the FIRM and, where applicable, the supporting FIS report showing
the new or modified flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at www.msc.fema.gov by the effective date indicated
above.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Mitigation has resolved any appeals
resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: February 2, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

I. Watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
                        Lower Wisconsin Watershed
------------------------------------------------------------------------
           Columbia County, Wisconsin, and Incorporated Areas
                         Docket No.: FEMA-B-1434
------------------------------------------------------------------------
City of Columbus.......................  City Hall, 105 North Dickason
                                          Boulevard, Columbus, WI 53925.
City of Lodi...........................  City Hall, 130 South Main
                                          Street, Lodi, WI 53555.
City of Portage........................  City Hall, 115 West Pleasant
                                          Street, Portage, WI 53901.
City of Wisconsin Dells................  City Hall, 300 La Crosse
                                          Street, Wisconsin Dells, WI
                                          53965.
Unincorporated Areas of Columbia County  Carl C. Frederick
                                          Administration Building, 400
                                          DeWitt Street, Portage, WI
                                          53901.
Village of Cambria.....................  Village Hall, 111 West
                                          Edgewater Street, Cambria, WI
                                          53923.
Village of Doylestown..................  Village Hall, W3005 Railroad
                                          Street, Doylestown, WI 53928.
Village of Fall River..................  Village Hall, 641 South Main
                                          Street, Fall River, WI 53932.
Village of Pardeeville.................  Village Hall, 114 Lake Street,
                                          Pardeeville, WI 53954.
Village of Poynette....................  Village Hall, 106 South Main
                                          Street, Poynette, WI 53955.
Village of Wyocena.....................  Village Hall, 165 East Dodge
                                          Street, Wyocena, WI 53969.
------------------------------------------------------------------------

II. Non-watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Logan County, Colorado, and Incorporated Areas
                         Docket No.: FEMA-B-1457
------------------------------------------------------------------------
City of Sterling.......................  Planning and Zoning Division,
                                          421 North Fourth Street,
                                          Sterling, CO 80751.
Town of Crook..........................  Town Hall, 212 Fourth Street,
                                          Crook, CO 80726.

Town of Iliff..........................  Town Hall, 405 West Second
                                          Avenue, Iliff, CO 80736.
Town of Merino.........................  Town Hall, 206 Colorado Avenue,
                                          Merino, CO 80741.
Unincorporated Areas of Logan County...  Planning and Zoning Department,
                                          315 Main Street, Sterling, CO
                                          80751.
------------------------------------------------------------------------
              City of Hampton, Virginia (Independent City)
                         Docket No.: FEMA-B-1451
------------------------------------------------------------------------
City of Hampton........................  Public Works Engineering, 22
                                          Lincoln Street, Hampton, VA
                                          23669.
------------------------------------------------------------------------
         King and Queen County, Virginia, and Incorporated Areas
                         Docket No.: FEMA-B-1359
------------------------------------------------------------------------
Unincorporated Areas of King and Queen   King and Queen County Complex
 County.                                  Building, County
                                          Administrator's Office, 242
                                          Allens Circle, Suite L, King
                                          and Queen Court House, VA
                                          23085.
------------------------------------------------------------------------

[FR Doc. 2016-04885 Filed 3-4-16; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Rules and Regulations]
[Page 56505]
[FR Doc No: 2016-19930]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0802]

Drawbridge Operation Regulation; Lake Washington Ship Canal,
Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Montlake Bridge across the Lake
Washington Ship Canal, mile 5.2, at Seattle, WA. The deviation is
necessary to accommodate vehicular traffic attending football games at
Husky Stadium at the University of Washington, Seattle, WA. This
deviation allows the bridge to remain in the closed-to-navigation
position two and a half hours before and two and a half hours after
each game. The game times for three of the seven games scheduled for
Husky Stadium have not yet been determined due to NCAA television
scheduling.

DATES: This deviation is effective from 8:30 a.m. on September 3, 2016
to 11 p.m. on November 19, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0802] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Washington State Department of
Transportation, on behalf of the University of Washington Police
Department, has requested that the Montlake Bridge bascule span remain
in the closed-to-navigation position, and need not open to vessel
traffic to facilitate timely movement of pre-game and post game
football traffic at Husky Stadium at the University of Washington,
Seattle, WA. The Montlake Bridge crosses the Lake Washington Ship Canal
at mile 5.2; and while in the closed-to-navigation position provides 30
feet of vertical clearance throughout the navigation channel and 46
feet of vertical clearance throughout the center 60-feet of the bridge.
These vertical clearances are made in reference to the Mean Water Level
of Lake Washington. The normal operating schedule for Montlake Bridge
operates in accordance with 33 CFR 117.1051(e).
    The deviation period will cover the following dates: from 8:30 a.m.
to 11 a.m., and from 2:30 p.m. to 5 p.m. on September 3, 2016; from
11:30 a.m. to 2 p.m. and from 5:30 p.m. to 8 p.m. on September 10,
2016; from 2:30 p.m. to 5 p.m. and from 8:30 p.m. to 11 p.m. on
September 17, 2016; from 3:30 p.m. to 6 p.m. and from 8:30 p.m. to 11
p.m. on September 30, 2016. The times for the closures on October 22,
2016, November 12, 2016, and November 19, 2016 will be determined, and
announced in the Coast Guard's Local Notice to Mariners and Broadcast
Notice to Mariners as they become available. Due to NCAA television
scheduling, the times for the games are not currently available. The
bridge shall operate in accordance to 33 CFR 117.1051(e) at all other
times. Waterway usage on the Lake Washington Ship Canal ranges from
commercial tug and barge to small pleasure craft. Vessels able to pass
through the bridge in the closed-to-navigation position may do so at
anytime. The bridge will be able to open for emergencies and there is
no immediate alternate route for vessels to pass.
    In accordance with 33 CFR 117.35(e), the drawbridges must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: August 15, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2016-19930 Filed 8-19-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11912]
[DOCID:fr05mr08-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-466-000; Docket No. CP06-467-000]

Columbia Gas Transmission Corporation: Somerset Gas Gathering of
Pennsylvania, L.L.C.; Notice of Meeting

February 28, 2008.
    On March 19, 2008, staff of the Office of Energy Projects (OEP)
will hold a meeting on the pending applications in the above referenced
dockets. The purpose of the meeting is to discuss various procedural
matters and to clarify certain elements of the proposal. Any interested
persons may attend.
    The meeting will be held on Wednesday, March 19, 2008, at 2 p.m.
(EST), in Room 62-22 at the Commission Headquarters in Washington, DC.
    Commission meetings are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-(866) 208-
3676 (voice). For TTY, call<PHONE_NUMBER> or send a FAX to 202-208-
2106 with the required accommodations.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-4225 Filed 3-4-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61262-61266]
[FR Doc No: 2015-25760]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-31860; File No. 812-14365]

Harvest Capital Credit Corporation, et al.; Notice of Application

October 5, 2015.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order under sections 17(d) and
57(i) of the Investment Company Act of 1940 (the ``Act'') and rule 17d-
1 under the Act to permit certain joint transactions otherwise
prohibited by sections 17(d) and 57(a)(4) of the Act and rule 17d-1
under the Act.

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Summary of Application:  Applicants request an order to permit a
business development company (``BDC'') to co-invest in portfolio
companies with certain affiliated investment funds and certain
affiliated persons' proprietary accounts.

Applicants:  Harvest Capital Credit Corporation (``HCC''); HCAP
Advisors LLC (the ``BDC Adviser''); JMP Credit Advisors LLC
(``JMPCA''); JMP Group LLC (``JMPG LLC''), JMP Group Inc. (``JMPG''),
JMP Capital LLC (``JMP Capital''), JMP Credit Corporation (``JMP
Credit''), and JMP Holding LLC (``JMP Holding'' and together with JMPG
LLC, JMPG, JMP Capital, and JMP Credit, the ``JMPG Companies'').

Filing Dates:  The application was filed on October 1, 2014, and
amended on February 11, 2015, and June 2, 2015.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on October 30, 2015, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by writing to the Commission's Secretary.

ADDRESSES: Brent J. Fields, Secretary, U.S. Securities and Exchange
Commission, 100 F St. NE., Washington, DC 20549-1090. Applicants:
Richard Buckanavage, Harvest Capital Credit Corporation, 767 Third
Avenue, 25th Floor, New York, NY 10017; Steven Boehm, Esq., and Harry
Pangas, Esq., Sutherland Asbill & Brennan LLP, 700 Sixth Street NW.,
Suite 700, Washington, DC 20001-3980.

FOR FURTHER INFORMATION CONTACT: Anil K. Abraham, Senior Special
Counsel, at<PHONE_NUMBER> or James M. Curtis, Branch Chief, at (202)
551-6712 (Chief Counsel's Office, Division of Investment Management).

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. HCC is a Delaware corporation organized in February 2011 as a
closed-end management investment company that has elected to be
regulated as a BDC under section 54(a) of the Act.\1\ HCC's Objectives
and Strategies \2\ are to generate both current income and capital
appreciation primarily by making direct investments in the form of
subordinated debt, senior debt, and minority equity investments in
privately-held, small to mid-sized U.S. companies. The board of
directors of HCC (the ``HCC Board,'' and together with any board of
directors of a Future Regulated Fund (defined below), the ``Boards,''
and each, a ``Board,'' as applicable) is composed of five directors,
three of whom are not ``interested persons,'' as defined in section
2(a)(19) of the Act (``Non-Interested Directors''), of HCC. Each
Regulated Fund invests or intends to invest its assets so as to qualify
for U.S. federal income tax treatment as a regulated investment
company.
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    \1\ Section 2(a)(48) defines a BDC to be any closed-end
investment company that operates for the purpose of making
investments in securities described in sections 55(a)(1) through
55(a)(3) of the Act and makes available significant managerial
assistance with respect to the issuers of such securities.
    \2\ ``Objectives and Strategies'' means a Regulated Fund's
(defined below) investment objectives and strategies, as described
in the Regulated Fund's registration statement on Form N-2, other
filings the Regulated Fund has made with the Commission under the
Securities Act of 1933 (the ``Securities Act''), or under the
Securities Exchange Act of 1934, and the Regulated Fund's reports to
shareholders.
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    2. JMPG was incorporated in Delaware in January 2000 and completed
its initial public offering in May 2007. On January 1, 2015, JMP Merger
Corp., a Delaware corporation and wholly-owned subsidiary of JMPG LLC,
merged with and into JMPG, with JMPG as the surviving entity.
Consequently, JMPG LLC replaced JMPG as the publicly traded company,
and JMPG LLC's common stock is currently listed on the New York Stock
Exchange under the symbol ``JMP.''
    3. JMPG LLC is a Delaware limited liability company and, together
with its subsidiaries, is a full-service investment banking and asset
management firm that provides investment banking, sales and trading,
and equity research services to corporate and institutional clients,
and alternative asset management products and services to institutional
investors and high net-worth individuals. JMPG, JMP Capital, JMP
Credit, and JMP Holding are direct or indirect wholly-owned
subsidiaries of JMPG LLC.
    4. The JMPG Companies, from time to time, may hold various
financial assets in a principal capacity (together, in such capacity,
``Existing JMPG Proprietary Accounts,'' and together with any Future
JMPG Proprietary Account (defined below), the ``JMPG Proprietary
Accounts'').
    5. The BDC Adviser and JMPCA are Delaware limited liability
companies registered with the Commission as investment advisers under
the Investment Advisers Act of 1940 (the ``Advisers Act''). The BDC
Adviser is a majority-owned subsidiary of JMPG LLC. The BDC Adviser
serves as investment adviser to HCC and manages HCC's portfolio in
accordance with HCC's Objectives and Strategies. JMPCA, a wholly-owned
subsidiary of JMPG LLC, serves as the administrator to HCC. JMPCA also
serves as investment adviser to several collateralized loan obligation
vehicles (``CLOs'') and manages the portfolios of the CLOs.
    6. Applicants seek an order (``Order'') to permit one or more
Regulated Funds \3\ and/or one or more Affiliated Funds \4\ to

participate in the same investment opportunities through a co-
investment program (the ``Co-Investment Program'') where such
participation would otherwise be prohibited by section 17(d) or section
57(a)(4) and rule 17d-1 by (a) co-investing with each other in
securities issued by issuers in private placement transactions in which
an Adviser negotiates terms in addition to price; \5\ and (b) making
additional investments in securities of such issuers, including through
the exercise of warrants, conversion privileges, and other rights to
purchase securities of the issuers (``Follow-On Investments''). ``Co-
Investment Transaction'' means any transaction in which a Regulated
Fund (or its Wholly-Owned Investment Sub, as defined below) has
participated together with one or more other Regulated Funds and/or one
or more Affiliated Funds in reliance on the requested Order.
``Potential Co-Investment Transaction'' means any investment
opportunity in which a Regulated Fund (or its Wholly-Owned Investment
Sub) could not participate together with one or more Affiliated Funds
and/or one or more other Regulated Funds without obtaining and relying
on the Order.\6\
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    \3\ ``Regulated Fund'' means HCC and any Future Regulated Fund.
``Future Regulated Fund'' means any closed-end management investment
company (a) that is registered under the Act or has elected to be
regulated as BDC, (b) whose investment adviser is an Adviser, and
(c) that intends to participate in the Co-Investment Program
(defined below). The term ``Adviser'' means (a) the BDC Adviser and
JMPCA and (b) any future investment adviser that controls, is
controlled by or is under common control with JMPG LLC and is
registered as an investment adviser under the Advisers Act.
    \4\ ``Affiliated Fund'' means the Existing JMPG Proprietary
Accounts, any Future JMPG Proprietary Accounts, and any Future
Affiliated Funds. ``Future JMPG Proprietary Account'' means any
direct or indirect, wholly- or majority-owned subsidiary of JMPG LLC
that is formed in the future and, from time to time, may hold
various financial assets in a principal capacity. ``Future
Affiliated Fund'' means any entity (a) whose investment adviser is
an Adviser, (b) that would be an investment company but for section
3(c)(1) or 3(c)(7) of the Act, and (c) that intends to participate
in the Co-Investment Program.
    \5\ The term ``private placement transactions'' means
transactions in which the offer and sale of securities by the issuer
are exempt from registration under the Securities Act.
    \6\ All existing entities that currently intend to rely upon the
requested Order have been named as applicants. Any other existing or
future entity that subsequently relies on the Order will comply with
the terms and conditions of the application.
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    7. Applicants state that a Regulated Fund may, from time to time,
form one or more Wholly-Owned Investment Subs.\7\ Such a subsidiary
would be prohibited from investing in a Co-Investment Transaction with
any Affiliated Fund or Regulated Fund because it would be a company
controlled by its parent Regulated Fund for purposes of section
57(a)(4) and rule 17d-1. Applicants request that each Wholly-Owned
Investment Sub be permitted to participate in Co-Investment
Transactions in lieu of its parent Regulated Fund and that the Wholly-
Owned Investment Sub's participation in any such transaction be
treated, for purposes of the requested Order, as though the parent
Regulated Fund were participating directly. Applicants represent that
this treatment is justified because a Wholly-Owned Investment Sub would
have no purpose other than serving as a holding vehicle for the
Regulated Fund's investments, and, therefore, no conflicts of interest
could arise between the Regulated Fund and the Wholly-Owned Investment
Sub. The Regulated Fund's Board would make all relevant determinations
under the Conditions with regard to a Wholly-Owned Investment Sub's
participation in a Co-Investment Transaction, and the Regulated Fund's
Board would be informed of, and take into consideration, any proposed
use of a Wholly-Owned Investment Sub in the Regulated Fund's place. If
the Regulated Fund proposes to participate in the same Co-Investment
Transaction with any of its Wholly-Owned Investment Subs, the Board of
the Regulated Fund will also be informed of, and take into
consideration, the relative participation of the Regulated Fund and the
Wholly-Owned Investment Sub.
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    \7\ The term ``Wholly-Owned Investment Sub'' means an entity (i)
that is wholly-owned by a Regulated Fund (with the Regulated Fund at
all times holding, beneficially and of record, 100% of the voting
and economic interests); (ii) whose sole business purpose is to hold
one or more investments on behalf of the Regulated Fund; (iii) with
respect to which the Regulated Fund's Board has the sole authority
to make all determinations with respect to the entity's
participation under the conditions of the application; and (iv) that
would be an investment company but for section 3(c)(1) or 3(c)(7) of
the Act.
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    8. When considering Potential Co-Investment Transactions for any
Regulated Fund, the applicable Adviser will consider only the
Objectives and Strategies, investment policies, investment positions,
capital available for investment, and other pertinent factors
applicable to that Regulated Fund. The Regulated Fund Advisers expect
that any portfolio company that is an appropriate investment for a
Regulated Fund should also be an appropriate investment for one or more
other Regulated Funds and/or one or more Affiliated Funds, with certain
exceptions based on available capital or diversification.\8\
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    \8\ The Regulated Funds, however, will not be obligated to
invest, or co-invest, when investment opportunities are referred to
them.
---------------------------------------------------------------------------

    9. Other than pro rata dispositions and Follow-On Investments as
provided in Conditions 7 and 8, and after making the determinations
required in Conditions 1 and 2(a), the Adviser will present each
Potential Co-Investment Transaction and the proposed allocation to the
directors of the Board eligible to vote under section 57(o) of the Act
(``Eligible Directors''), and the ``required majority,'' as defined in
section 57(o) of the Act (``Required Majority'') \9\ will approve each
Co-Investment Transaction prior to any investment by the participating
Regulated Fund.
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    \9\ In the case of a Regulated Fund that is a registered closed-
end fund, the Board members that make up the Required Majority will
be determined as if the Regulated Fund were a BDC subject to section
57(o).
---------------------------------------------------------------------------

    10. With respect to the pro rata dispositions and Follow-On
Investments provided in Conditions 7 and 8, a Regulated Fund may
participate in a pro rata disposition or Follow-On Investment without
obtaining prior approval of the Required Majority if, among other
things: (i) The proposed participation of each Regulated Fund and
Affiliated Fund in such disposition is proportionate to its outstanding
investments in the issuer immediately preceding the disposition or
Follow-On Investment, as the case may be; and (ii) the Board of the
Regulated Fund has approved that Regulated Fund's participation in pro
rata dispositions and Follow-On Investments as being in the best
interests of the Regulated Fund. If the Board does not so approve, any
such disposition or Follow-On Investment will be submitted to the
Regulated Fund's Eligible Directors. The Board of any Regulated Fund
may at any time rescind, suspend or qualify its approval of pro rata
dispositions and Follow-On Investments with the result that all
dispositions and/or Follow-On Investments must be submitted to the
Eligible Directors.
    11. No Non-Interested Director of a Regulated Fund will have a
financial interest in any Co-Investment Transaction, other than through
share ownership in one of the Regulated Funds.

Applicants' Legal Analysis

    1. Section 57(a)(4) of the Act prohibits certain affiliated persons
of a BDC from participating in joint transactions with the BDC or a
company controlled by a BDC in contravention of rules as prescribed by
the Commission. Under section 57(b)(2) of the Act, any person who is
directly or indirectly controlling, controlled by, or under common
control with a BDC is subject to section 57(a)(4). Applicants submit
that each of the Regulated Funds and Affiliated Funds could be deemed
to be a person related to each Regulated Fund in a manner described by
section 57(b) by virtue of being under common control. Section 57(i) of
the Act provides that, until the Commission prescribes rules under
section 57(a)(4), the Commission's rules under section 17(d) of the Act
applicable to registered closed-end investment companies will be deemed
to apply to transactions subject to section 57(a)(4). Because the
Commission has not adopted any rules under section 57(a)(4), rule 17d-1
also applies to joint transactions with Regulated Funds that are BDCs.
Section 17(d) of the Act and rule 17d-1 under

the Act are applicable to Regulated Funds that are registered closed-
end investment companies.
    2. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
affiliated persons of a registered investment company from
participating in joint transactions with the company unless the
Commission has granted an order permitting such transactions. In
passing upon applications under rule 17d-1, the Commission considers
whether the company's participation in the joint transaction is
consistent with the provisions, policies, and purposes of the Act and
the extent to which such participation is on a basis different from or
less advantageous than that of other participants.
    3. Applicants state that in the absence of the requested relief,
the Regulated Funds would be, in some circumstances, limited in their
ability to participate in attractive and appropriate investment
opportunities. Applicants believe that the proposed terms and
conditions will ensure that the Co-Investment Transactions are
consistent with the protection of each Regulated Fund's shareholders
and with the purposes intended by the policies and provisions of the
Act. Applicants state that the Regulated Funds' participation in the
Co-Investment Transactions will be consistent with the provisions,
policies, and purposes of the Act and on a basis that is not different
from or less advantageous than that of other participants.
    4. Under Condition 16 below, if the Advisers, the principals of any
of the Advisers (the ``Principals''), or any person controlling,
controlled by, or under common control with the Advisers or the
Principals, and the Affiliated Funds (collectively, the ``Holders'')
own in the aggregate more than 25 percent of the outstanding voting
shares of a Regulated Fund (the ``Shares''), then the Holders will vote
such Shares as directed by an independent third party (such as the
trustee of a voting trust or a proxy adviser) when voting on (1) the
election of directors; (2) the removal of one or more directors; or (3)
any matters requiring approval by the vote of a majority of the
outstanding voting securities, as defined in section 2(a)(42) of the
Act. Applicants believe that this Condition will ensure that the Non-
Interested Directors will act independently in evaluating the Co-
Investment Program, because the ability of the Advisers or the
Principals to influence the Non-Interested Directors by a suggestion,
explicit or implied, that the Non-Interested Directors can be removed
will be limited significantly. Applicants represent that the Non-
Interested Directors shall evaluate and approve any such voting trust
or proxy adviser, taking into account its qualifications, reputation
for independence, cost to the shareholders, and other factors that they
deem relevant.

Applicants' Conditions

    Applicants agree that the Order will be subject to the following
Conditions:
    1. Each time an Adviser considers a Potential Co-Investment
Transaction for an Affiliated Fund or another Regulated Fund that falls
within a Regulated Fund's then-current Objectives and Strategies, the
Regulated Fund's Adviser will make an independent determination of the
appropriateness of the investment for such Regulated Fund in light of
the Regulated Fund's then-current circumstances.
    2. (a) If the Adviser deems a Regulated Fund's participation in any
Potential Co-Investment Transaction to be appropriate for the Regulated
Fund, it will then determine an appropriate level of investment for the
Regulated Fund.
    (b) If the aggregate amount recommended by the applicable Adviser
to be invested by the applicable Regulated Fund in the Potential Co-
Investment Transaction, together with the amount proposed to be
invested by the other participating Regulated Funds and Affiliated
Funds, collectively, in the same transaction, exceeds the amount of the
investment opportunity, the investment opportunity will be allocated
among them pro rata based on each participant's capital available for
investment in the asset class being allocated, up to the amount
proposed to be invested by each. The applicable Adviser will provide
the Eligible Directors of each participating Regulated Fund with
information concerning each participating party's available capital to
assist the Eligible Directors with their review of the Regulated Fund's
investments for compliance with these allocation procedures.
    (c) After making the determinations required in Conditions 1 and
2(a), the applicable Adviser will distribute written information
concerning the Potential Co-Investment Transaction (including the
amount proposed to be invested by each participating Regulated Fund and
Affiliated Fund) to the Eligible Directors of each participating
Regulated Fund for their consideration. A Regulated Fund will co-invest
with one or more other Regulated Funds and/or one or more Affiliated
Funds only if, prior to the Regulated Fund's participation in the
Potential Co-Investment Transaction, a Required Majority concludes
that:
    (i) the terms of the Potential Co-Investment Transaction, including
the consideration to be paid, are reasonable and fair to the Regulated
Fund and its shareholders and do not involve overreaching in respect of
the Regulated Fund or its shareholders on the part of any person
concerned;
    (ii) the Potential Co-Investment Transaction is consistent with:
    (A) the interests of the shareholders of the Regulated Fund; and
    (B) the Regulated Fund's then-current Objectives and Strategies;
    (iii) the investment by any other Regulated Funds or Affiliated
Funds would not disadvantage the Regulated Fund, and participation by
the Regulated Fund would not be on a basis different from or less
advantageous than that of other Regulated Funds or Affiliated Funds;
provided that, if any other Regulated Fund or Affiliated Fund, but not
the Regulated Fund itself, gains the right to nominate a director for
election to a portfolio company's board of directors or the right to
have a board observer or any similar right to participate in the
governance or management of the portfolio company, such event shall not
be interpreted to prohibit the Required Majority from reaching the
conclusions required by this Condition (2)(c)(iii), if:
    (A) the Eligible Directors will have the right to ratify the
selection of such director or board observer, if any;
    (B) the applicable Adviser agrees to, and does, provide periodic
reports to the Regulated Fund's Board with respect to the actions of
such director or the information received by such board observer or
obtained through the exercise of any similar right to participate in
the governance or management of the portfolio company; and
    (C) any fees or other compensation that any Affiliated Fund or any
Regulated Fund or any affiliated person of any Affiliated Fund or any
Regulated Fund receives in connection with the right of an Affiliated
Fund or a Regulated Fund to nominate a director or appoint a board
observer or otherwise to participate in the governance or management of
the portfolio company will be shared proportionately among the
participating Affiliated Funds (who each may, in turn, share its
portion with its affiliated persons) and the participating Regulated
Funds in proportion to the amount of each party's investment; and
    (iv) the proposed investment by the Regulated Fund will not benefit
the Advisers, the Affiliated Funds or the

other Regulated Funds or any affiliated person of any of them (other
than the parties to the Co-Investment Transaction), except (A) to the
extent permitted by Condition 13, (B) to the extent permitted by
section 17(e) or 57(k) of the Act, as applicable, (C) indirectly, as a
result of an interest in the securities issued by one of the parties to
the Co-Investment Transaction, or (D) in the case of fees or other
compensation described in Condition 2(c)(iii)(C).
    3. Each Regulated Fund has the right to decline to participate in
any Potential Co-Investment Transaction or to invest less than the
amount proposed.
    4. The applicable Adviser will present to the Board of each
Regulated Fund, on a quarterly basis, a record of all investments in
Potential Co-Investment Transactions made by any of the other Regulated
Funds or Affiliated Funds during the preceding quarter that fell within
the Regulated Fund's then-current Objectives and Strategies that were
not made available to the Regulated Fund, and an explanation of why the
investment opportunities were not offered to the Regulated Fund. All
information presented to the Board pursuant to this Condition will be
kept for the life of the Regulated Fund and at least two years
thereafter, and will be subject to examination by the Commission and
its staff.
    5. Except for Follow-On Investments made in accordance with
Condition 8,\10\ a Regulated Fund will not invest in reliance on the
Order in any issuer in which another Regulated Fund, Affiliated Fund,
or any affiliated person of another Regulated Fund or Affiliated Fund
is an existing investor.
---------------------------------------------------------------------------

    \10\ This exception applies only to Follow-On Investments by a
Regulated Fund in issuers in which that Regulated Fund already holds
investments.
---------------------------------------------------------------------------

    6. A Regulated Fund will not participate in any Potential Co-
Investment Transaction unless the terms, conditions, price, class of
securities to be purchased, settlement date, and registration rights
will be the same for each participating Regulated Fund and Affiliated
Fund. The grant to an Affiliated Fund or another Regulated Fund, but
not the Regulated Fund, of the right to nominate a director for
election to a portfolio company's board of directors, the right to have
an observer on the board of directors or similar rights to participate
in the governance or management of the portfolio company will not be
interpreted so as to violate this Condition 6, if Conditions
2(c)(iii)(A), (B) and (C) are met.
    7. (a) If any Affiliated Fund or any Regulated Fund elects to sell,
exchange or otherwise dispose of an interest in a security that was
acquired in a Co-Investment Transaction, the applicable Advisers will:
    (i) notify each Regulated Fund that participated in the Co-
Investment Transaction of the proposed disposition at the earliest
practical time; and
    (ii) formulate a recommendation as to participation by each
Regulated Fund in the disposition.
    (b) Each Regulated Fund will have the right to participate in such
disposition on a proportionate basis, at the same price and on the same
terms and conditions as those applicable to the participating
Affiliated Funds and Regulated Funds.
    (c) A Regulated Fund may participate in such disposition without
obtaining prior approval of the Required Majority if: (i) The proposed
participation of each Regulated Fund and each Affiliated Fund in such
disposition is proportionate to its outstanding investments in the
issuer immediately preceding the disposition; (ii) the Board of the
Regulated Fund has approved as being in the best interests of the
Regulated Fund the ability to participate in such dispositions on a pro
rata basis (as described in greater detail in the application); and
(iii) the Board of the Regulated Fund is provided on a quarterly basis
with a list of all dispositions made in accordance with this Condition.
In all other cases, the Adviser will provide its written recommendation
as to the Regulated Fund's participation to the Eligible Directors, and
the Regulated Fund will participate in such disposition solely to the
extent that a Required Majority determines that it is in the Regulated
Fund's best interests.
    (d) Each Affiliated Fund and each Regulated Fund will bear its own
expenses in connection with any such disposition.
    8. (a) If any Affiliated Fund or any Regulated Fund desires to make
a Follow-On Investment in a portfolio company whose securities were
acquired in a Co-Investment Transaction, the applicable Advisers will:
    (i) Notify each Regulated Fund that participated in the Co-
Investment Transaction of the proposed transaction at the earliest
practical time; and
    (ii) formulate a recommendation as to the proposed participation,
including the amount of the proposed Follow-On Investment, by each
Regulated Fund.
    (b) A Regulated Fund may participate in such Follow-On Investment
without obtaining prior approval of the Required Majority if: (i) The
proposed participation of each Regulated Fund and each Affiliated Fund
in such investment is proportionate to its outstanding investments in
the issuer immediately preceding the Follow-On Investment; and (ii) the
Board of the Regulated Fund has approved as being in the best interests
of the Regulated Fund the ability to participate in Follow-On
Investments on a pro rata basis (as described in greater detail in the
application). In all other cases, the Adviser will provide its written
recommendation as to the Regulated Fund's participation to the Eligible
Directors, and the Regulated Fund will participate in such Follow-On
Investment solely to the extent that a Required Majority determines
that it is in the Regulated Fund's best interests.
    (c) If, with respect to any Follow-On Investment:
    (i) the amount of the opportunity is not based on the Regulated
Funds' and the Affiliated Funds' outstanding investments immediately
preceding the Follow-On Investment; and
    (ii) the aggregate amount recommended by the Adviser to be invested
by each Regulated Fund in the Follow-On Investment, together with the
amount proposed to be invested by the participating Affiliated Funds in
the same transaction, exceeds the amount of the opportunity; then the
amount invested by each such party will be allocated among them pro
rata based on each participant's capital available for investment in
the asset class being allocated, up to the amount proposed to be
invested by each.
    (d) The acquisition of Follow-On Investments as permitted by this
Condition will be considered a Co-Investment Transaction for all
purposes and subject to the other Conditions set forth in this
application.
    9. The Non-Interested Directors of each Regulated Fund will be
provided quarterly for review all information concerning Potential Co-
Investment Transactions and Co-Investment Transactions, including
investments made by other Regulated Funds or Affiliated Funds that the
Regulated Fund considered but declined to participate in, so that the
Non-Interested Directors may determine whether all investments made
during the preceding quarter, including those investments that the
Regulated Fund considered but declined to participate in, comply with
the Conditions of the Order. In addition, the Non-Interested Directors
will consider at least annually the continued appropriateness for the
Regulated Fund of participating in new and existing Co-Investment
Transactions.

    10. Each Regulated Fund will maintain the records required by
section 57(f)(3) of the Act as if each of the Regulated Funds were a
BDC and each of the investments permitted under these Conditions were
approved by the Required Majority under section 57(f) of the Act.
    11. No Non-Interested Director of a Regulated Fund will also be a
director, general partner, managing member or principal, or otherwise
an ``affiliated person'' (as defined in the Act) of an Affiliated Fund.
    12. The expenses, if any, associated with acquiring, holding or
disposing of any securities acquired in a Co-Investment Transaction
(including, without limitation, the expenses of the distribution of any
such securities registered for sale under the Securities Act) will, to
the extent not payable by the Advisers under their respective
investment advisory agreements with Affiliated Funds and the Regulated
Funds, be shared by the Regulated Funds and the Affiliated Funds in
proportion to the relative amounts of the securities held or to be
acquired or disposed of, as the case may be.
    13. Any transaction fee (including break-up or commitment fees but
excluding broker's fees contemplated by section 17(e) or 57(k) of the
Act, as applicable), received in connection with a Co-Investment
Transaction will be distributed to the participating Regulated Funds
and Affiliated Funds on a pro rata basis based on the amounts they
invested or committed, as the case may be, in such Co-Investment
Transaction. If any transaction fee is to be held by an Adviser pending
consummation of the transaction, the fee will be deposited into an
account maintained by such Adviser at a bank or banks having the
qualifications prescribed in section 26(a)(1) of the Act, and the
account will earn a competitive rate of interest that will also be
divided pro rata among the participating Regulated Funds and Affiliated
Funds based on the amounts they invest in such Co-Investment
Transaction. None of the Affiliated Funds, the Advisers, the other
Regulated Funds or any affiliated person of the Regulated Funds or
Affiliated Funds will receive additional compensation or remuneration
of any kind as a result of or in connection with a Co-Investment
Transaction (other than (a) in the case of the Regulated Funds and the
Affiliated Funds, the pro rata transaction fees described above and
fees or other compensation described in Condition 2(c)(iii)(C); and (b)
in the case of an Adviser, investment advisory fees paid in accordance
with the agreement between the Adviser and the Regulated Fund or
Affiliated Fund.
    14. The JMPG Proprietary Accounts will not be permitted to invest
in a Potential Co-Investment Transaction except to the extent the
aggregate demand from the Regulated Funds and the other Affiliated
Funds is less than the total investment opportunity.
    15. Each Adviser will maintain written policies and procedures
reasonably designed to ensure compliance with the foregoing Conditions.
These policies and procedures will require, among other things, that
each Adviser will be notified of all Potential Co-Investment
Transactions that fall within the then-current Objectives and
Strategies of any Regulated Fund it advises and will be given
sufficient information to make its independent determination and
recommendations under Conditions 1, 2(a), 7 and 8.
    16. If the Holders own in the aggregate more than 25% of the
outstanding Shares of a Regulated Fund, then the Holders will vote such
Shares as directed by an independent third party (such as the trustee
of a voting trust or a proxy adviser) when voting on (1) the election
of directors; (2) the removal of one or more directors; or (3) any
matters requiring approval by the vote of a majority of the outstanding
voting securities, as defined in section 2(a)(42) of the Act.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-25760 Filed 10-8-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Notices]
[Page 4441-4442]
[DOCID:fr27ja10-141]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Applications for
Modification of Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Modification of Special Permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the applications described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Requests for modification of special
permits (e.g. to provide for additional hazardous materials, packaging
design changes, additional mode of transportation, etc.) are described
in footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before February 11, 2010.
    Address Comments to: Record Center, Pipeline and Hazardous
Materials, Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of

comments is desired, include a self-addressed stamped postcard showing
the special permit number.
    For Further Information: Copies of the applications are available
for inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue, Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for modification of special
permit is published in accordance with part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on January 12, 2010.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.

                                                              Modification Special Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Regulation(s)
     Application & Docket No.             Applicant              affected                            Nature of special permit thereof
--------------------------------------------------------------------------------------------------------------------------------------------------------
13424-M...........................  Taminco Higher         49 CFR 177.834        To modify the special permit to authorize additional Class 3; 8 and
                                     Amines, Inc., St.      (i)(3).               Division 2.1; 5.1; 6.1 hazardous materials.
                                     Gabriel, LA.
13598-M...........................  Jadoo Power Systems,   49 CFR                To modify the special permit to authorize DOT approved 100% ultrasonic
                                     Inc., Folsom, CA.      173.301(a)(1), (d)    examination method of DOT-Specification 3AL cylinders every five years
                                                            and (f).              in lieu of internal vision inspection and hydrostatic testing and
                                                                                remove the ``No periodic retest is required'' in paragraph 7b:.
14741-M...........................  Weatherford            49 CFR 173.304......  To modify the special permit to authorize rail freight as an additional
                                     International, Fort                          mode of transportation.
                                     Worth, TX.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2010-1454 Filed 1-26-10; 8:45 am]
BILLING CODE 4909-60-P


[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49234-49236]
[FR Doc No: 2021-18955]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0426]
RIN 1625-AA00

Special Local Regulation; Swim for Special Operations Forces; San
Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending its special local regulations for
recurring marine parades, regattas, and other events in Southern
California Annual Marine Events for the San Diego Captain of the Port
Zone. This final rule will add one new recurring special local
regulation. This action is necessary to provide for the safety of life
on the navigable waters during the event. This final rule will restrict
vessel traffic in the designated areas during the events unless
authorized by the Captain of the Port San Diego or a designated
representative.

DATES: This rule is effective September 2, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0426 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander John Santorum, Waterways Management,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 8, 2021, The Honor Foundation notified the Coast Guard
that it will be hosting the Honor Foundation Swim for Special
Operations Forces annually on a Saturday during the month of September.
The regulated area would cover all navigable waters of the San Diego
Bay, beginning at Glorietta Bay, continuing to Tidelands Park before
proceeding north along the Coronado shoreline, crossing the federal
navigable channel at Bayview Park, and finishing at the USS MIDWAY
Museum.
    In response, on July 2, 2021 the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Special Local Regulations; Swim for
Special Operations Forces; San Diego Bay, San Diego, CA (86 FR 35240).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this annual marine event. During
the comment period that ended August 2, 2021 we received one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1231). The Captain of the Port San Diego
(COTP) has determined that potential hazards associated with the Honor
Foundation Swim for Special Operations Forces annually on a Saturday
during the month of September will present a safety of life concern on
navigatable waters. The purpose of this rule is to ensure safety of
life on the navigable waters in the safety zone before, during, and
after the scheduled event. For the reasons stated above, we are issuing
this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that
good cause exists for making it effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because enforcement
of this safety zone is necessary to protect swimmers and vessels from
the dangers associated with the swim race events planned for a Saturday
in September 2021.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on the NPRM published July
2, 2021. The commentor proposed a method for intercepting and
impounding vessels entering the safety zone. The Coast Guard was not
proposing to spcecify how on scene representatives must handle
situations where vessels enter the safety zone in this rulemaking. The
purpose of this rulemaking is to establish the reoccurring annual
safety zone and its location. The Coast Guard has existing regulations
and policies that cover enforcement and this rulemaking does not intend
to deviate from those practices. Accordingly, no changes to the
regulatory text were made in response to this comment.

    There is one nonsubstantive change in the regulatory text from the
proposed rule to remove a typographical error, ``SS'', in the event
type.
    This rule establishes a safety zone annually on a Saturday in
September. The safety zone will cover all waters of San Diego Bay, from
surface to bottom, beginning at Glorietta Bay, continuing to Tidelands
Park, proceeding north along the Coronado shoreline, crossing the
federal navigable channel at Bayview Park, and finishing at the USS
MIDWAY Museum. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the special local regulation. Vessel traffic
would be able to safely transit around this special local regulation,
which would impact a small-designated area of the San Diego Bay.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the areas, and the rule would allow
vessels to seek permission to enter the areas.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
regulated area that would prohibit persons and vessels from transiting
the regulated area during the swim event. It is categorically excluded
from further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. In Sec.  100.1101, amend table 1 to Sec.  100.1101, by adding an
entry for ``16. Swim for Special Operations Forces; San Diego Bay, San
Diego, CA'' to read as follows:

Sec.  100.1101   Southern California Annual Marine Events for the San
Diego Captain of the Port Zone.

                       Table 1 to Sec.   100.1101
------------------------------------------------------------------------

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

                              * * * * * * *
------------------------------------------------------------------------
  16. Swim for Special Operations Forces; San Diego Bay, San Diego, CA
------------------------------------------------------------------------
Sponsor...........................  The Honor Foundation.
Event Description.................  Swim race.
Date..............................  Saturday in September.
Location..........................  San Diego Bay, CA.
Regulated Area....................  All waters of San Diego Bay, from
                                     surface to bottom, beginning at
                                     Glorietta Bay, continuing to
                                     Tidelands Park, proceeding north
                                     along the Coronado shoreline,
                                     crossing the federal navigable
                                     channel at Bayview Park, and
                                     finishing at the USS MIDWAY Museum.
------------------------------------------------------------------------

* * * * *

    Dated: August 27, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-18955 Filed 9-1-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2292-2295]
[FR Doc No: 2018-00601]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0027]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 14 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.

DATES: Comments must be received on or before February 15, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0027 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    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., ET, 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: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

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

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-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
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 14 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if

that person has distant visual acuity of at least 20/40 (Snellen) in
each eye without corrective lenses or visual acuity separately
corrected to 20/40 (Snellen) or better with corrective lenses, distant
binocular acuity of at 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.
    In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three 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.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated 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 three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.

II. Qualifications of Applicants

Jordan N. Bean

    Mr. Bean, 31, has macular scarring in his right eye due to a
traumatic incident in 2009. The visual acuity in his right eye is 20/
200, and in his left eye, 20/20. Following an examination in 2017, his
optometrist stated, ``In my medical opinion, Jordan has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Bean reported that he has driven straight trucks for
seven years, accumulating 14,000 miles, and tractor-trailer
combinations for five years, accumulating 10,000 miles. He holds a
Class A CDL from North Dakota. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.

Robert J. Bower

    Mr. Bower, 45, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, count
fingers. Following an examination in 2017, his ophthalmologist stated,
``There is sufficient vision to perform the driving tasks required to
operate a commercial vehicle with proper mirrors.'' Mr. Bower reported
that he has driven straight trucks for 29 years, accumulating 870,000
miles. He holds a Class A CDL from Pennsylvania. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.

James E. Bragg

    Mr. Bragg, 54, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/80, and in his left eye, 20/20.
Following an examination in 2017, his optometrist stated, ``James Bragg
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Bragg reported that he has driven straight
trucks for one year, accumulating 26,000 miles, and tractor-trailer
combinations for 20 years, accumulating 2.9 million miles. He holds a
Class A CDL from West Virginia. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.

Lee S. Brown, Jr.

    Mr. Brown, 36, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
80. Following an examination in 2017, his optometrist stated, ``I
certify that Mr. Lee's best corrected vision in his right eye only
meets the requirement provided by the Vision Exemption Program.'' Mr.
Lee reported that he has driven straight trucks for six years,
accumulating 120,000 miles. He holds a Class B CDL from Maine. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Thomas Buker

    Mr. Buker, 57, has had retinal scarring in his left eye since 1992.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2017, his optometrist stated, ``In my
opinion, he has sufficient vision to continue to drive a commercial
vehicle, which he has done for years.'' Mr. Buker reported that he has
driven tractor-trailer combinations for 28 years, accumulating 2.6
million miles. He holds a Class ABCD CDL from Wisconsin. His driving
record for the last three years shows one crash, which he was not cited
for, and no convictions for moving violations in a CMV.

Robert A. Dicker

    Mr. Dicker, 60, has had glaucoma in his right eye since 2009. The
visual acuity in his right eye is 20/100, and in

his left eye, 20/20. Following an examination in 2017, his
ophthalmologist stated, ``It is my medical opinion that Mr. Dicker's
visual function is sufficient to operate a commercial vehicle in all
circumstances.'' Mr. Dicker reported that he has driven tractor-trailer
combinations for 13 years, accumulating 1.3 million miles. He holds a
Class A CDL from Maine. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

James D. Evans

    Mr. Evans, 60, has had a prosthetic right eye due to a traumatic
incident in 1987. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2017, his optometrist stated, ``The examination and testing reveal that
Mr. Evans has sufficient vision to perform the driving tasks required
to operate a commercial vehicle safely.'' Mr. Evans reported that he
has driven straight trucks for 40 years, accumulating 320,000 miles,
and tractor-trailer combinations for 30 years, accumulating 360,000
miles. He holds an operator's license from Maryland. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Spencer L. Goard

    Mr. Goard, 79, has had optic atrophy in his right eye since
childhood. The visual acuity in his right eye is 20/25, and in his left
eye, counting fingers. Following an examination in 2017, his
optometrist stated, ``He meets the visual acuity requirements. I find
Mr. Goard to be a quality and reliable person, I hope you will give him
every opportunity to prove himself within the bounds of the federal
guidelines.'' Mr. Goard reported that he has driven tractor-trailer
combinations for 30 years, accumulating three million miles. He holds a
Class DA CDL from Kentucky. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Gregory C. Grubb

    Mr. Grubb, 26, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2017, his optometrist stated, ``In my
professional opinion, Mr. Grubb has sufficient vision to perform the
driving tasks associated with operating a commercial vehicle.'' Mr.
Grubb reported that he has driven tractor-trailer combinations for five
years, accumulating 104,000 miles. He holds a Class DA CDL from
Kentucky. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Charles K. Klinglesmith

    Mr. Klinglesmith, 56, has had a retinal detachment in his right eye
since 2008. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2017, his ophthalmologist
stated, ``The patient has sufficient vision to operate a commercial
motor vehicle.'' Mr. Klinglesmith reported that he has driven straight
trucks for 35 years, accumulating 350,000 miles, and tractor-trailer
combinations for 34 years, accumulating 238,000 miles. He holds a Class
DA CDL from Kentucky. His driving record for the last three years shows
no crashes and one conviction for speeding in a CMV; he exceeded the
speed limit by five mph.

Freddy E. Parker

    Mr. Parker, 70, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
300. Following an examination in 2017, his optometrist stated, ``It is
my opinion that Mr. Parker has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Parker reported
that he has driven straight trucks for 54 years, accumulating 2.16
million miles, and tractor-trailer combinations for 24 years,
accumulating 1.32 million miles. He holds a Class A CDL from Nevada.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Douglas E. Porter

    Mr. Porter, 52, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/200, and in his left eye, 20/
25. Following an examination in 2017, his optometrist stated, ``Patient
appears to have sufficient vision, to perform driving tasks in order to
operate a commercial vehicle.'' Mr. Porter reported that he has driven
straight trucks for 16 years, accumulating 480,000 miles. He holds a
Class CB CDL from Michigan. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Roy E. Robertson

    Mr. Robertson, 49, has had a retinal vein occlusion in his right
eye since 2009. The visual acuity in his right eye is 20/70, and in his
left eye, 20/20. Following an examination in 2017, his optometrist
stated, ``I certify in my medical opinion that Mr. Roy Robertson has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle safely.'' Mr. Robertson reported that he has driven
straight trucks for four years, accumulating 300,000 miles, and
tractor-trailer combinations for 25 years, accumulating 2.5 million
miles. He holds a Class A CDL from Georgia. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.

Daniel E. Sharp

    Mr. Sharp, 48, has a macular scar in his right eye due to a
traumatic incident in 2009. The visual acuity in his right eye is hand
motion, and in his left eye, 20/20. Following an examination in 2017,
his optometrist stated, ``In summary his vision with both eyes has been
and continues to be sufficient for his driving requirements for a
commercial vehicle.'' Mr. Sharp reported that he has driven straight
trucks for 14 years, accumulating 280,000 miles, and tractor-trailer
combinations for 12 years, accumulating 96,000 miles. He holds a Class
A CDL from Ohio. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated in
the dates section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2017-0027 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and

provide a reason for each suggestion or recommendation. If you submit
your comments by mail or hand delivery, submit them in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit comments by mail and would like to
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2017-0027 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00601 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P