[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Pages 12019-12021]
[FR Doc No: 2019-06094]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0085]

Hours of Service of Drivers: National Waste & Recycling
Association; Application for Exemption

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

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

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SUMMARY: FMCSA announces that it has received an application from the
National Waste & Recycling Association (NWRA) requesting an exemption
from one of the criteria for using the ``short-haul--100 air-mile
radius driver'' exception to the requirement for the preparation and
retention of records of duty status (RODS). NWRA asks that all short-
haul commercial motor vehicle (CMV) drivers in the waste and recycling
industry be allowed up to 14 hours (instead of the current 12 hours) to
return to the original work reporting location without losing their
short-haul status. FMCSA requests public comment on NWRA's application
for exemption.

DATES: Comments must be received on or before April 29, 2019.

ADDRESSES: You may submit comments identified by Federal Docket

Management System Number FMCSA-2019-0085 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     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 or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
of this notice. DOT posts all comments received without change to
www.regulations.gov, including personal information in a comment.
Please see the Privacy Act heading below.
    Docket: To read background documents or comments, go to
www.regulations.gov or visit 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 on-line FDMS is available 24 hours each day, 365 days each year.
    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 personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS) at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>; Email: [email protected]. If
you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2019-0085), the specific section of this document to
which the comment applies, and provide reasons for suggestions or
recommendations. You may submit 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 your document so the Agency can contact you if it has
questions about your submission.
    To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2019-0085'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Submit a
Formal Comment'' button and type your comment into the text box in the
following screen. Indicate whether you are submitting your comment as
an individual or on behalf of a third party and then submit. 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. FMCSA will consider all comments
and material received during the comment period and may grant or deny
this application based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    Under FMCSA's current hours-of-service (HOS) rules, drivers are not
required to prepare and maintain records of duty status (RODS) provided
that (among other things) they return to their normal work reporting
location and are released from work within 12 hours after coming on
duty (49 CFR 395.1(e)(1)). A driver who exceeds the 12-hour limit loses
the short-haul exception and must immediately prepare RODS for the
entire day, often by means of an electronic logging device (ELD) (49
CFR 395.8(a)(1)(i)).
    NWRA represents approximately 700 publicly traded and privately-
owned local, regional, national and international waste and recycling
companies. These motor carriers operate more than 100,000 waste and
recycling collection trucks and employ an even greater number of CMV
drivers. NWRA indicated its members represent approximately 70 percent
of the private sector waste and recycling market.
    The industry's fleet includes, but is not limited to, waste and
recycling collection trucks, roll-off trucks, post collection tractor
trailers, container delivery vehicles, and grapple trucks. Their
drivers routinely qualify for the short-haul HOS exception in 49 CFR
395.1(e)(1). Waste and recycling companies operate local route service
trucks with drivers starting and ending their days at the same location
and their drivers rarely travel beyond a 40-mile radius from the work-
reporting location.
    Residential collection route trucks repeatedly stop and start while
on-route in order to collect a load of waste or recyclable materials,
with an average of 400 to 600 stops at residences each day. Commercial
collection route trucks tend to have fewer stops than those on
residential routes, but can average more than 80 stops per day at
business addresses. On occasion, drivers in this industry cannot
complete their duty day within 12 hours. The drivers may exceed the 12-
consecutive hour limitation of the short-haul exception more than 8
times in any 30-day period due to operating restrictions placed upon
the industry by States and localities, inclement weather, traffic
congestion, and other circumstances beyond their control. Once they
exceed the 8-in-30-day threshold, NWRA's companies must install
electronic logging devices (ELDs) to document drivers's duty status
(see 49 CR 395.8(a)(1)(iii)(A)(1)). Therefore, NWRA's application for
an exemption to allow waste and recycling industry

drivers and companies to continue to qualify for the short-haul
exception, up to the 14th hour after coming on duty, would help some of
petitioner's drivers avoid the economic burden of installing ELDs when
they occasionally exceed the 8-in-30-day threshold for the ELD mandate.
    While NWRA recognizes the safety benefits that ELDs present for
other industry sectors, it claims that these devices are actually
counterproductive for the waste and recycling industry due to the
frequency with which these drivers must interact with them. Waste and
recyclable collection CMV drivers are required to interact with and
make duty status changes in the ELD or RODS when stopping at one-third
to one-half of their 400 to 600 stops per day or every 22 seconds--the
average time to service a customer--before then driving to the next
residence, which could be less than 100 feet away.
    NWRA notes that certain CMV drivers may already operate up to 14
hours without forfeiting short-haul status. Drivers in the asphalt-
paving business were granted a similar exemption [83 FR 3864, Jan. 26,
2018], and 49 CFR 395.1(e)(1)(ii)(B) reflects a statutory exemption for
the ready-mixed concrete industry. NWRA further notes that FMCSA
recently granted one of its member companies--Waste Management
Holdings, Inc.--a similar exemption [83 FR 53940, Oct. 25, 2018]. NWRA
argues that granting a broader exemption would create regulatory
consistency across the entire waste and recycling industry.
    NWRA asserts that waste and recycling carriers have virtually no
record of HOS violations in the Agency's Compliance, Safety,
Accountability (CSA) Safety Measurement System (SMS) HOS BASIC scores,
nor is there a history of CSA intervention consequences for HOS non-
compliance with these carriers. NWRA further adds that there is no
equivalent or greater level of safety that ELDs would bring to the
waste and recycling industry. The waste and recycling industry
recognizes and agrees with the need for ELDs for drivers and carriers
in long haul, over-the-road, and regional operations, as well as for
those carriers with Unsatisfactory safety ratings and that are over the
threshold in their CSA HOS BASIC score. For these reasons, NWRA states
that the agency should not require CMV drivers and companies
transporting waste and recyclable material to invest in ELDs by
granting this exemption request.
    NWRA's application for exemption is available for review in the
docket referenced at the beginning of this notice.

    Issued on: March 22, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-06094 Filed 3-28-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27130-27131]
[FR Doc No: 2019-12292]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-D-0298]

Quality Considerations for Continuous Manufacturing; Draft
Guidance for Industry; Availability; Reopening of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; reopening of comment period.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is
reopening the comment period for the notice entitled ``Quality
Considerations for Continuous Manufacturing; Draft Guidance for
Industry; Availability'' that appeared in the Federal Register of
February 27, 2019. The Agency is taking this action to allow interested
persons additional time to submit comments.

DATES: FDA is reopening the comment period for the notice published on
February 27, 2019 (84 FR 6403). Submit either electronic or written
comments on the draft guidance by August 12, 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-2019-D-0298 for ``Quality Considerations for Continuous
Manufacturing.'' 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: Sau L. Lee, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 22, Rm. 2130, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of February 27, 2019, FDA published a
notice with a 90-day comment period to request comments on the draft
guidance for industry entitled ``Quality Considerations for Continuous
Manufacturing.'' FDA is reopening the comment period until August 12,
2019. The Agency believes that an additional 60 days will allow
adequate time for interested persons to submit comments without
compromising the timely publication of the final version of the
guidance.

II. 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: June 6, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-12292 Filed 6-10-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Pages 1436-1439]
[FR Doc No: 2015-00137]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31404; File No. 812-14381]

Morgan Stanley Smith Barney LLC and Morgan Stanley Global
Investment Solutions; Notice of Application

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

ACTION: Notice of application for an order under section 12(d)(1)(J) of
the Investment Company Act of 1940 (``Act'') for an exemption from
sections 12(d)(1)(A), (B) and (C) of the Act, and under sections 6(c)
and 17(b) of the Act for an exemption from section 17(a) of the Act.

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SUMMARY: Summary of the Application: Applicants request an order that
would permit certain series of a unit investment trust (``UIT'')
registered under the Act to acquire shares of registered management
investment companies and unit investment trusts or series thereof (the
``Funds'') both within and outside the same group of investment
companies.
    Applicants: Morgan Stanley Smith Barney LLC (the ``Depositor''),
and Morgan Stanley Global Investment Solutions (``MS GIS'').

DATES: Filing Date: The application was filed on October 22, 2014.
    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 January 29, 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 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: 2000 Westchester
Avenue, Purchase, NY 10577.

FOR FURTHER INFORMATION CONTACT: Emerson S. Davis, Senior Counsel, at
(202) 551-6868, or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or 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 Trust is a UIT registered under the Act.\1\ Each Series will
be a series of a Trust and will offer units for sale to the public
(``Units''). Each Series will be created pursuant to a trust agreement
which will incorporate by reference a master trust agreement between
the Depositor and a financial institution that satisfies the criteria
in section 26(a) of the Act (the ``Trustee''). The Depositor is a
broker dealer registered under the Securities Exchange Act of 1934 and
is a member of the Financial Industry Regulatory Authority, Inc.
(``FINRA'').
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    \1\ Applicants request that the order also extend to future
registered UITs sponsored by the Depositor or an entity controlling,
controlled by or under common control with the Depositor and their
respective series (the future UITs, together with the Trust, are
collectively the ``Trusts'' and the series of the Trusts are the
``Series''). All existing entities that currently intend to rely on
the requested order are named as applicants. 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. Applicants request relief to permit a Series to invest in
registered investment companies or series thereof (``Funds'') that are
(a) part of the same ``group of investment companies'' (as that term is
defined in section 12(d)(1)(G) of the Act) as the Series (``Affiliated
Funds''), and (b) not part of

the same group of investment companies as the Series (``Unaffiliated
Funds''). Each of the Funds will be registered as a closed-end
management investment company (``Closed-end Fund''), an open-end
management investment company (``Open-end Fund'') or a UIT. An
Unaffiliated Fund that is a UIT is referred to as an ``Unaffiliated
Underlying Trust.'' An Unaffiliated Fund that is a Closed-end Fund or
Open-end Fund is referred to as an ``Unaffiliated Underlying Fund.''
Certain of the Funds may be registered as Open-end Funds or UITs, but
have received exemptive relief in order that their shares may be traded
at ``negotiated prices'' on a national securities exchange in the same
manner as other equity securities (the ``Exchange-traded Funds'').
Shares of Exchange-traded Funds and Closed-end Funds will be deposited
in a Series at prices which are based on the market value of the
securities, as determined by an evaluator. The Depositor does not have
discretion as to when portfolio securities of a Series will be sold,
except that the Depositor is authorized to sell securities in extremely
limited circumstances described in the Series' prospectus.
    3. Applicants state that the requested relief will provide
investors with a practical, cost-efficient means of investing in a
professionally selected, diversified portfolio of securities of
investment companies. Each Series may also make investments in
securities that are not issued by registered investment companies.

Applicants' Legal Analysis

A. Section 12(d)(1)

    1. Section 12(d)(1)(A) of the Act prohibits a registered investment
company from acquiring shares of an investment 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 value 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 or dealer (``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.
Section 12(d)(1)(C) prohibits an investment company, other investment
companies having the same investment adviser, and companies controlled
by such investment companies, from acquiring more than 10% of the
outstanding voting stock of a registered closed-end investment company.
    2. Section 12(d)(1)(G) provides, in relevant part, that section
12(d)(1) will not apply to securities of a registered open-end
investment company or UIT acquired by a registered UIT if the acquired
company and the acquiring company are part of the same group of
investment companies, provided that certain other requirements
contained in section 12(d)(1)(G) are met, including that the only other
investments held by the acquiring company are government securities and
short-term paper. Applicants state that they may not rely on section
12(d)(1)(G) because a Series will invest in Unaffiliated Funds and
securities other than government securities and short-term paper in
addition to Affiliated Funds.
    3. Section 12(d)(1)(J) of the Act provides that the Commission may
exempt any person, security, or transaction, or any class or classes of
persons, securities or transactions, from any provision of section
12(d)(1) if the exemption is consistent with the public interest and
the protection of investors. Applicants seek an exemption under section
12(d)(1)(J) to permit a Series to purchase or otherwise acquire shares
of the Funds in excess of the percentage limitations of sections
12(d)(1)(A) and (C), and the Open-end Funds, their principal
underwriters and any Broker to sell their shares to the Series in
excess of the percentage limitations of section 12(d)(1)(B).
    4. Applicants state that the proposed arrangement will not give
rise to the policy concerns underlying sections 12(d)(1)(A), (B), and
(C), which include concerns about undue influence by a fund of funds
over 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.
    5. Applicants state that the concern about undue control does not
arise with respect to a Series' investment in Affiliated Funds, as
reflected in section 12(d)(1)(G) of the Act. Applicants also state that
the proposed arrangement will not result in undue influence by a Series
or its affiliates over Unaffiliated Funds. Applicants have agreed that
(a) the Depositor, (b) any person controlling, controlled by or under
common control with the Depositor, and (c) any investment company and
any issuer that would be an investment company but for section 3(c)(1)
or 3(c)(7) of the Act, sponsored or advised by the Depositor (or any
person controlling, controlled by or under common control with the
Depositor) (collectively, the ``Group'') will not control (individually
or in the aggregate) an Unaffiliated Fund within the meaning section
2(a)(9) of the Act. Applicants also note that conditions 2, 3, 5 and 6
set forth below will address the concern about undue influence with
respect to the Unaffiliated Funds.
    6. As an additional assurance that an Unaffiliated Underlying Fund
understands the implications of an investment by a Series under the
requested order, prior to a Series' investment in the Unaffiliated
Underlying Fund in excess of the limit in section 12(d)(1)(A)(i), the
Series and the Unaffiliated Underlying Fund will execute an agreement
stating, without limitation, that the Depositor and Trustee and the
board of directors or trustees to the Unaffiliated Underlying Fund and
the investment adviser(s) to the Unaffiliated Underlying Fund,
understand the terms and conditions of the order and agree to fulfill
their responsibilities under the order (``Participation Agreement'').
Applicants note that an Unaffiliated Underlying Fund, including a
Closed-end Fund or an Exchange-traded Fund, may choose to reject an
investment from the Series by declining to execute the Participation
Agreement.
    7. Applicants do not believe that the proposed arrangement will
involve excessive layering of fees. Applicants state that any sales
charges and/or service fees, as those terms are defined in Rule 2830 of
the Conduct Rules of the NASD, Inc. (``NASD Conduct Rules''),\2\
charged with respect to Units of a Series will not exceed the limits
applicable to a fund of funds as set forth in Rule 2830 of the NASD
Conduct Rules.\3\ In addition, the Trustee or Depositor will waive fees
otherwise payable to it by a Series in an amount at least equal to any
compensation (including fees paid pursuant to any plan adopted by an
Unaffiliated Underlying Fund under rule 12b-1 under the Act) received
from an Unaffiliated Fund by the Trustee or Depositor, or an affiliated
person of the Trustee or Depositor, other than any advisory fees paid
to the Trustee or

Depositor or its affiliated person by an Unaffiliated Underlying Fund,
in connection with the investment by the Series in the Unaffiliated
Fund.
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    \2\ Any references to NASD Conduct Rule 2830 include any
successor or replacement rule to Conduct Rule 2830 that may be
adopted by FINRA.
    \3\ With respect to purchasing Closed-end Funds or Exchange-
traded Fund shares, a Series may incur the customary brokerage
commissions associated with purchasing any equity security on the
secondary market.
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    8. Applicants state that the proposed arrangement will not create
an overly complex fund structure. Applicants note that a Fund will be
prohibited from acquiring securities of any 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), except to the extent
permitted by exemptive relief from the Commission permitting the Fund
to purchase shares of other investment companies for short-term cash
management purposes. Applicants also represent that a Series'
prospectus and sales literature will contain concise, ``plain English''
disclosure designed to inform investors of the unique characteristics
of the trust of funds structure, including, but not limited to, its
expense structure and the additional expenses of investing in Funds.

B. Section 17(a)

    1. Section 17(a) of the Act generally prohibits an affiliated
person of a registered investment company, or an affiliated person of
such a person (``second-tier affiliate''), acting as principal, from
selling any security or other property to or acquiring any security or
other property from the company. 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 a Series and an Affiliated Fund might be
deemed to be under the common control of the Depositor or an entity
controlling, controlled by, or under common control with the Depositor.
Applicants also state that a Series and a Fund might become
``affiliated persons'' if the Series acquires 5% or more of the Fund's
outstanding voting securities. The sale or redemption by a Fund of its
shares to or from a Series therefore could be deemed to be a principal
transaction prohibited by Section 17(a) of the Act.\4\
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    \4\ To the extent purchases and sales of shares of an Exchange-
traded Fund occur in the secondary market (and not through principal
transactions directly between a Series and an Exchange-traded Fund),
relief from section 17(a) would not be necessary. The requested
relief is intended to cover, however, transactions directly between
Exchange-traded Funds and a Series. Applicants are not seeking
relief from section 17(a) for, and the requested relief will not
apply to, transactions where an Exchange-traded Fund could be deemed
an affiliated person, or an affiliated person of an affiliated
person, of a Series because the investment adviser to the Exchange-
traded Fund or an entity controlling, controlled by or under common
control with the investment adviser is also a depositor to the
Series. In addition, the request for relief does not cover principal
transactions with Closed-end Funds.
---------------------------------------------------------------------------

    3. Section 17(b) of the Act authorizes the Commission to grant an
order permitting a transaction otherwise prohibited by section 17(a) if
it finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act. Section
6(c) of the Act permits the Commission to exempt any 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.
Applicants state that the terms of the proposed transactions are fair
and reasonable and do not involve overreaching. Applicants note that
the consideration paid for the sale and redemption of shares of the
Open-end Funds and Funds that are UITs will be based on the net asset
values of the Funds. Finally, applicants state that the proposed
transactions will be consistent with the policies of each Series and
Fund, and with the general purposes of the Act.

Applicants' Conditions

    Applicants agree that the order granting the requested relief shall
be subject to the following conditions:
    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. If, as a result of a decrease in the outstanding
voting securities of an Unaffiliated Fund, the Group, in the aggregate,
becomes a holder of more than 25% of the outstanding voting securities
of the Unaffiliated Fund, the Group 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.
    2. No Series or its Depositor, promoter, principal underwriter, or
any person controlling, controlled by, or under common control with any
of those entities (each, a ``Series Affiliate'') will cause any
existing or potential investment by the Series in an Unaffiliated Fund
to influence the terms of any services or transactions between the
Series or Series Affiliate and the Unaffiliated Fund or its investment
adviser(s), sponsor, promoter, principal underwriter, or any person
controlling, controlled by, or under common control with any of those
entities.
    3. Once an investment by a Series in the securities of an
Unaffiliated Underlying Fund exceeds the limit in section
12(d)(1)(A)(i) of the Act, the board of directors or trustees of the
Unaffiliated Underlying Fund, including a majority of the disinterested
board members, will determine that any consideration paid by the
Unaffiliated Underlying Fund to the Series or Series 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 Underlying Fund; (b) is within
the range of consideration that the Unaffiliated Underlying Fund 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 Underlying Fund and its investment adviser(s), or any
person controlling, controlled by, or under common control with such
investment adviser(s).
    4. The Trustee or Depositor will waive fees otherwise payable to it
by the Series, in an amount at least equal to any compensation
(including fees received pursuant to any plan adopted by an
Unaffiliated Underlying Fund under rule 12b-1 under the Act) received
from an Unaffiliated Fund by the Trustee or Depositor, or an affiliated
person of the Trustee or Depositor, other than any advisory fees paid
to the Trustee or Depositor or its affiliated person by an Unaffiliated
Underlying Fund, in connection with the investment by a Series in the
Unaffiliated Fund.
    5. No Series or Series Affiliate (except to the extent it is acting
in its capacity as an investment adviser to an Unaffiliated Underlying
Fund or sponsor to an Unaffiliated Underlying Trust) will cause 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 the Depositor or a person
of which the Depositor is an affiliated person (each, an ``Underwriting
Affiliate,'' except any person whose relationship to the Unaffiliated
Fund is covered by section 10(f) of the Act is not an Underwriting
Affiliate). An offering of securities during the existence of an
underwriting or selling syndicate of which a principal underwriter is
an Underwriting Affiliate is an ``Affiliated Underwriting.''
    6. The board of an Unaffiliated Underlying Fund, including a
majority of the disinterested board members, will adopt procedures
reasonably designed to monitor any purchases of securities by the
Unaffiliated Underlying Fund in an Affiliated Underwriting once an
investment by a Series in the securities of the Unaffiliated Underlying
Fund 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 Underlying Fund will review these purchases
periodically, but no less frequently than annually, to determine
whether the purchases were influenced by the investment by the Series
in the Unaffiliated Underlying Fund. The board of the Unaffiliated
Underlying Fund will consider, among other things: (a) Whether the
purchases were consistent with the investment objectives and policies
of the Unaffiliated Underlying Fund; (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 Underlying Fund in
Affiliated Underwritings and the amount purchased directly from an
Underwriting Affiliate have changed significantly from prior years. The
board of the Unaffiliated Underlying Fund 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 interests of shareholders.
    7. An Unaffiliated Underlying Fund 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 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 Affiliated Underwritings once an investment by a Series
in the securities of the Unaffiliated Underlying Fund exceeds the limit
of section 12(d)(1)(A)(i) of the Act, setting forth from whom the
securities were acquired, the identity of the underwriting syndicate's
members, the terms of the purchase, and the information or materials
upon which the determinations of the board of the Unaffiliated
Underlying Fund were made.
    8. Before investing in an Unaffiliated Underlying Fund in excess of
the limit in section 12(d)(1)(A)(i), each Series and the Unaffiliated
Underlying Fund will execute a Participation Agreement stating, without
limitation, that the Depositor and Trustee, and the board of directors
or trustees of the Unaffiliated Underlying Fund and the investment
adviser(s) to the Unaffiliated Underlying Fund, understand the terms
and conditions of the order and agree to fulfill their responsibilities
under the order. At the time of its investment in shares of an
Unaffiliated Underlying Fund in excess of the limit in section
12(d)(1)(A)(i), a Series will notify the Unaffiliated Underlying Fund
of the investment. At such time, the Series also will transmit to the
Unaffiliated Underlying Fund a list of the names of each Series
Affiliate and Underwriting Affiliate. The Series will notify the
Unaffiliated Underlying Fund of any changes to the list of names as
soon as reasonably practicable after a change occurs. The Unaffiliated
Underlying Fund and the Series 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 not
less than six years thereafter, the first two years in an easily
accessible place.
    9. Any sales charges and/or service fees charged with respect to
Units of a Series will not exceed the limits applicable to a fund of
funds as set forth in Rule 2830 of the NASD Conduct Rules.
    10. No 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 permitted by exemptive relief from the Commission permitting
the Fund to purchase shares of other investment companies for short-
term cash management purposes.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2015-00137 Filed 1-8-15; 8:45 am]
BILLING CODE 8011-01-P


 OMB Control No. xxxx-xxxx

Home Performance with ENERGY STAR® Contractor Partnership Agreement

Return this form to ENERGY STAR:

<EMAIL_ADDRESS>
US EPA (Mail Code 6202J)

1200 Pennsylvania Ave, NW

Washington, DC  20460

FAX:<PHONE_NUMBER>

	ENERGY STAR Background Information

ENERGY STAR helps consumers, businesses, and public organizations
protect the environment through superior energy efficiency. Home
Performance with ENERGY STAR promotes a process of improving the energy
efficiency of homes. The process is facilitated by a home performance
professional that completes a whole-house energy audit, recommends
improvements that will save at least 20% on total energy use, proposes a
scope of work to complete the improvements and completes a test-out
inspection after improvements have been installed.  Energy savings are
typically achieved through a combination of envelope upgrades,
controlled air infiltration, upgraded heating and air conditioning
systems, tight duct systems, upgraded water-heating equipment, high
performance windows, and efficient lighting and appliances. Installed
measures must be supervised by a home performance professional that is
knowledgeable of applicable building codes and consensus-based building
science standards. All participating contractors must be enrolled in a
quality assurance program that meets Home Performance with ENERGY STAR
criteria.

Organization Name:
________________________________________________________________________
__________

Contact Name: ______________________________________ E-mail:
__________________________________________

Address:  ___________________________________________City/State/Zip:
____________________________________

Telephone:  _________________  Fax:  ___________________ Web Site:
______________________________________

Major Metro Area Served:  _Northern Virginia_(City of Alexandria,
Arlington County, Fairfax County, Loudon County and Prince William
County)_________________________________________________________________
_____________________

To be eligible for partnership an organizations must be:

A residential home improvement contractor accredited by an independent
third-party approved by EPA and DOE; or

A Certified Home Energy Rater

Authorized Company Representative (printed name):
______________________________________________

Title: ___________________________ E-mail:
________________________________Phone _____________

Signature:  ______________________________________________  Date:
____________________________

To be completed by ENERGY STAR Representative:

Kathleen Hogan, U.S. EPA

Signature:  ______________________________________________  Date:
____________________________

David E. Rodgers, U.S. DOE

Signature:  ______________________________________________  Date:
____________________________

General Commitments for Home Performance with ENERGY STAR Contractor
Partners

Provide homeowners with a Home Performance Assessment (HPA) summary
report that meets Home Performance with ENERGY STAR guidelines. The
summary report includes findings from the HPA and fuel-neutral
recommended improvements (i.e. scope of work) that will save at least
20% on total energy use. (A Home Energy Rating or audit procedures
approved for use by DOE’s Weatherization Assistance Program can be
used to estimate 20% reduction in total energy use.)

All home improvements must meet applicable state or local building codes
and consensus-based building science standards.

Complete at least 20 HPAs and test-out inspections (requires that energy
efficiency improvements were completed to homes) annually that meet Home
Performance with ENERGY STAR guidelines during the pilot.

Report information about all home improvement projects completed to EPA
through a designated third-party quality assurance provider for the
purpose of quality assurance review.

Use the Home Performance with ENERGY STAR marketing graphic to promote a
comprehensive, whole-house process for improving the energy efficiency
of homes to prevent pollution, protect the environment, and save money
on energy bills.

Follow the Home Performance with ENERGY STAR Marketing Graphic
Guidelines (available at   HYPERLINK "http://www.energystar.gov/marks"
www.energystar.gov/marks ) and ensure that authorized representatives,
such as advertising agencies also follow them.

ENERGY STAR Commitments to Partners

Increase awareness of Home Performance with ENERGY STAR by distributing
key messages on the benefits of a whole-house approach to improving
energy efficiency.

Provide current Home Performance with ENERGY STAR news, information, and
reference documents (via the ENERGY STAR Web site, e-mail or other
means).

Respond swiftly to requests for information or clarification on Home
Performance with ENERGY STAR policies.

General Terms and Disclaimers

The partner will not construe, claim or imply that its participation in
Home Performance with ENERGY STAR constitutes federal government
approval, acceptance, or endorsement of anything other than the
partner’s commitment to Home Performance with ENERGY STAR.
Partnership does not constitute federal government endorsement of the
partner or its services.

The partner understands that the activities it undertakes in connection
with Home Performance with ENERGY STAR are voluntary and not intended to
provide services to the federal government.  As such, the partner will
not submit a claim for compensation to any federal agency.

The partner and ENERGY STAR will assume good faith as a general
principle for resolving conflict and will seek to resolve all matters
informally, so as to preserve maximum public confidence in ENERGY STAR.

This agreement is voluntary and can be terminated by either party at any
time or any reason, with no penalty.

Failure to comply with any of the terms of this partnership agreement
can result in its termination and cessation of access to the benefits of
Home Performance with ENERGY STAR, including use of the marketing
graphic.

ENERGY STAR will actively pursue resolution of noncompliance related to
the use of the Home Performance with ENERGY STAR marketing graphic.

For pilot testing purposes this agreement will terminate on September
30, 2011 and is limited to the metro area served that is designated in
this agreement.

EPA Form 5900-185

The government estimates the average time needed to fill out this form
is 1.50 hours and welcomes suggestions for reducing this effort. Send
comments (referencing OMB Control Number) to the Director, Collection
Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania Ave., NW,
Washington, D.C. 20460.

 PAGE

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[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Notices]
[Pages 20413-20415]
[FR Doc No: 2017-08726]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0188; FMCSA-2012-0164; FMCSA-2014-0019; FMCSA-
2014-0020]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions of 97
individuals from its prohibition in the Federal Motor Carrier Safety
Regulations (FMCSRs) against persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions enable these individuals with ITDM
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions was effective on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue, SE., Room W64-
224, Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30
p.m., e.t., 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. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http//www.regulations.gov and/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., e.t., Monday through Friday,
except Federal holidays.
    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.

II. Background

    On March 7, 2017, FMCSA published a notice announcing its decision
to renew exemptions for 97 individuals from the insulin-treated
diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV
in interstate commerce and requested comments from the public (82 FR
12899). The public comment period ended on April 6, 2017, and no
comments were received.
    As stated in the previous notice, FMCSA has evaluated the
eligibility of these applicants and determined that renewing these
exemptions would achieve a level of safety equivalent to or greater
than the level that would be achieved by complying with the current
regulation 49 CFR 391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 97 renewal exemption applications
and that no comments were received, FMCSA confirms its' decision to
exempt the following drivers from the rule prohibiting drivers with
ITDM from driving CMVs in interstate commerce in 49 CFR 391.41(b)(3).
    As of September 16, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 76 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 47702; 79 FR
47711; 79 FR 63210; 79 FR 63219):

Vincent M. Branch (VA)
James M. Brooks (VA)
Gary L. Brown (PA)
Perry C. Bullis (PA)
Christopher J. Burkhart (MO)
Richard E. Campney (IA)
Steven J. Causie (MI)
Wesley A. Chain (TX)
Kristy S. R. Clark (VA)
Richard M. Cohen (NJ)
Alex A. Comella (NJ)
Royce N. Cordova (WA)
Robert Curry (NY)
Dwayne P. Daniels (IL)
James T. Dodge (CO)
Richard D. Domingo (NV)
John J. Dominguez (TX)
Bradley C. Dunlap (IL)
Andrew C. Frykholm (MA)
Lyle O. Gahler (MN)
Gary W. Giles (TX)
John A. Gillingham (PA)
Ronald L. Glade (IL)
Brent C. Godshalk (IN)
Benny B. Gonzales (TX)
Robert L. Gordon (IL)
Jerry W. Gott (IA)
Daniel E. Harris (IL)
Randy S. Holz (IA)
Henderson R. Hughes (NY)
James L. Hummel (WA)
Joseph T. Ingiosi (MI)
Michael J. Javenkoski (MN)
Katlin W. Johnson (LA)
Don L. Jorgensen (WY)
Steven T. Juhl (WI)
Joseph A. Kipus (OH)
Kevin L. Kreakie (OH)
Gerald D. Layton (TX)
Steve F. Levicoff (PA)
Kevin C. Lewis (LA)
Richard M. Mackey (TX)
Timothy M. Malo (ME)
Paul J. Marshall (UT)
David L. McDonald (IL)
Kevin J. McGrath (MA)
Thomas K. Miszler (PA)
Jerry W. Murphy (MS)
Christopher D. Murray (NC)
Robert D. Noe (IL)
Kyle W. Parker (CA)
Timothy K. Price (WV)
Eric D. Roberts (MI)
Gary L. Roberts (CT)
Juan C. Rodriguez-Martinez (CA)
Tommy A. Rollins (GA)
Janice M. Rowles (PA)
William B. Rupert, Jr. (PA)
Ahmed A. Saleh (MI)
Bradlee R. Saxby (IL)
Robert M. Schmitz (IA)
Barry L. Schwab (MI)
Brian R. Schwint (IA)
Geoffrey E. Showaker (PA)
Nicholas J. Shultz (IN)
Dicky W. Shuttlesworth (TX)
Bryce J. Smith (UT)
David R. Sprenkel (PA)
Jeffrey R. Stevens (PA)
Artilla M. Thomas (IL)
George E. Thompson (NJ)
Dale W. Tucker (VA)
William C. Vickery (NY)
Robert A. Whitcomb (MA)
Rodney L. Wichman (IL)
Richard D. Wiegartz (IL)

    The drivers were included in one of the following docket Nos:
FMCSA-2014-0019; FMCSA-2014-0020. Their exemptions are effective as of
September 16, 2016, and will expire on September 16, 2018.
    As of September 20, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 42477; 75 FR
57329):

Tommy S. Boden (ID)
Dustin G. Cook (OH)
Nathan J. Enloe (MO)
Joseph B. Hall (GA)
Mark H. Horne (NH)
Michael J. Hurst (MI)
Chad W. Lawyer (IN)
John R. Little (OK)
Thomas A. Mentley (NY)
Justin P. Sibigtroth (IL)
Duane A. Wages (ND)
Michael J. Williams (NY)
Edward L. Winget, Sr. (MS)

    The drivers were included in docket No. FMCSA-2010-0188. Their
exemptions are effective as of September 20, 2016, and will expire on
September 20, 2018.

    As of September 27, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 8 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (77 FR 46149; 77 FR
59450):

Kevin M. Brown (CO)
Vernon V. Cromartie (NJ)
Eric C. Fuller (AZ)
Matthew R. Lanciault (NH)
Steven L. Leslie (MI)
Del A. Meath (MN)
Benny D. Puck (IA)
Bob F. Rice (WA)

    The drivers were included in docket No. FMCSA-2012-0164. Their
exemptions are effective as of September 27, 2016, and will expire on
September 27, 2018.
    In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136 and
31315.

    Issued on: April 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-08726 Filed 4-28-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60942-60943]
[FR Doc No: 2018-25825]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0321]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From SmartDrive Systems, Inc.

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

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

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from SmartDrive
Systems, Inc. (SmartDrive) to allow an Advanced Driver Assistance
Systems (ADAS) camera to be mounted lower in the windshield than is
currently permitted. Mounting the camera in this location does not meet
the driver's field of view requirements for windshields. The Federal
Motor Carrier Safety Regulations (FMCSR) require devices meeting the
definition of ``vehicle safety technology'' to be mounted not more than
4 inches below the upper edge of the area swept by the windshield
wipers, or not more than 7 inches above the lower edge of the area
swept by the windshield wipers, and outside the driver's sight lines to
the road and highway signs and signals. Because the ADAS camera would
be mounted outside of the driver's normal sight lines to the road
ahead, highway signs, signals or any mirrors, SmartDrive believes that
they will maintain a level of safety that is equivalent to, or greater
than, the level of safety achieved without the exemption.

DATES: Comments must be received on or before December 27, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2018-0321 using any of the
following methods:
     Website: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public Participation: The http://www.regulations.gov website is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov website as well as
the DOT's http://docketsinfo.dot.gov website. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, [email protected], Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority to grant exemptions from some of the Federal
Motor Carrier Safety Regulations (FMCSRs). Under 49 CFR part 381, FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public with an
opportunity to inspect the information relevant to the application,
including any safety analyses that have been conducted. The Agency must
also provide an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305(a)).
    The decision of the Agency must be published in the Federal
Register (49 CFR 381.315(b)). If the Agency denies the request, it must
state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must specify the effective
period of the exemption (up to 5 years) and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).

SmartDrive's Application for Exemption

    SmartDrive has applied for an exemption from 49 CFR 393.60(e)(1) to
allow an ADAS camera to be mounted lower in the windshield than is
currently permitted. A copy of the application is included in the
docket referenced at the beginning of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of
the driver's field of view by devices mounted at the top of the
windshield. Antennas and similar devices must not be mounted more than
152 mm (6 inches) below the upper edge of the windshield, and outside
the driver's sight lines to the road and highway signs and signals.
Section 393.60(e)(1)(i) does not apply to vehicle safety technologies,
as defined in 390.5, including ``a fleet-related incident management
system, performance or behavior management system, speed management
system, lane departure warning system, forward collision warning or
mitigation system, active cruise control system, and transponder.''
Section 393.60(e)(1)(ii)

requires devices with vehicle safety technologies to be mounted (1) not
more than 100 mm (4 inches) below the upper edge of the area swept by
the windshield wipers or (2) not more than 175 mm (7 inches) above the
lower edge of the area swept by the windshield wipers, and outside the
driver's sight lines to the road and highway signs and signals.
    In its application, SmartDrive states:

    SmartDrive is making this request so that it becomes possible to
introduce Advanced Driver Assistance Systems (ADAS) to our current
vehicle safety platform. These new ADAS capabilities include forward
collision warnings, short following distance warnings, lane
detection and departure warnings, and active monitoring with real-
time driver feedback.
    This system operates like many other similar systems for which
FMCSA has granted exemptions. ADAS requires that a camera be mounted
to the upper center area of the windshield in an area where the
windshield is swept by the windshield wipers to provide a clear view
to the lane markings on the road and other objects in front of the
vehicle.
    This exemption will accommodate the ADAS camera and housing
which is an integral part of our next-generation comprehensive
vehicle safety system. The camera housing is approximately 3.71
inches wide (94MM) by 5.2 inches tall (132MM) and will be mounted in
the approximate center of the windshield with the bottom edge of the
camera housing approximately 8 inches below the upper edge of the
area swept by the windshield wipers. The camera is mounted outside
of the drivers and passenger's normal sight lines to the road ahead,
signs, signals, and mirrors. This location will allow for the
optimal functionality of the advanced safety systems supported by
the camera.
    SmartDrive has piloted the ADAS camera and functionality and
found that all drivers and passengers agreed that there was no
noticeable obstruction to the normal sight lines to the road ahead,
highway signs, signals or any mirrors.

    The exemption would apply to all CMV operators utilizing SmartDrive
ADAS camera systems. SmartDrive's believes that the installation of the
ADAS systems camera within 8 inches below the upper edge of the area
swept by the windshield wipers will maintain a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on SmartDrive application
for an exemption from 49 CFR 393.60(e)(1). All comments received before
the close of business on the comment closing date indicated at the
beginning of this notice will be considered and will be available for
examination in the docket at the location listed under the ADDRESSES
section of this notice. Comments received after the comment closing
date will be filed in the public docket and will be considered to the
extent practicable. In addition to late comments, FMCSA will also
continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.

    Issued on: November 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-25825 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Notices]
[Pages 12955-12957]
[FR Doc No: 2011-5316]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-78-000]

CenterPoint Energy Gas Transmission Company, LLC; Notice of
Intent To Prepare an Environmental Assessment for the Proposed Line AM-
46 Replacement Project, Request for Comments on Environmental Issues,
and Notice of Onsite Environmental Review

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Line AM-46 Replacement Project
involving construction, operation, and abandonment of facilities by
CenterPoint Energy Gas Transmission Company, LLC (CEGT) in Howard,
Hempstead, Sevier, and Little River Counties, Arkansas. This EA will be
used by the Commission in its decision-making process to determine
whether the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues need to be evaluated in the EA. Please note that
the scoping period will close on April 1, 2011.
    The Office of Energy Projects staff will conduct on onsite
environmental review of the project area on March 29, 2011 to gather
data for its environmental assessment. Staff will examine the proposed
pipeline route, facilities, and alternative routes filed by CEGT.
Viewing of this area is anticipated to be from public access points.
All interested parties are invited to attend but must provide their own
transportation. Those attending should meet at the following location
and time: Line AM-46 Replacement Project, FERC Environmental Site
Review, March 29, 2011 at 9 a.m. Central Time, U.S. Army Corps of
Engineers Millwood Lake Project Office, 1528 Hwy 32 East Ashdown, AR.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives are asked to notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the proposed facilities.
The company would seek to negotiate a mutually acceptable agreement.
However, if the project is approved by the Commission, that approval
conveys with it the right of eminent domain. Therefore, if easement
negotiations fail to produce an agreement, the pipeline company could
initiate condemnation proceedings where compensation would be
determined in accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice CEGT provided to landowners. This fact sheet addresses a
number of typically-asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings. It is
also available for viewing on the FERC Web site (http://www.ferc.gov).

Summary of the Proposed Project

    The Line AM-46 Replacement Project would involve abandonment and
replacement of natural gas facilities to ensure continued supply of
about 50 million standard cubic feet of natural gas per day to the
Ashdown, Arkansas area. CEGT proposes to abandon in place related
pipeline segments in Howard, Sevier, and Little River County, Arkansas.
These segments cross Millwood Lake or associated waterbodies and were
constructed between 1929 and 1965. Frequent repairs on these lines
necessitate their replacement. CEGT proposes to replace these segments
with a new pipeline which would bypass Millwood Lake and be located in
Howard, Hempstead, and Little River Counties, Arkansas.
    The Line AM-46 Replacement Project would consist of the following
facilities:
     Construction of 16.7 miles of 10-inch-diameter pipeline,
     Construction of a pig launcher and receiver,\1\ and
---------------------------------------------------------------------------

    \1\ A ``pig'' is a tool that is inserted into and moves through
the pipeline, and is used for cleaning the pipeline, internal
inspections, or other purposes.
---------------------------------------------------------------------------

     Abandonment of a total of 16.2 miles of 8- and 10-inch-
diameter pipeline.
    The general location of the project facilities is shown in appendix
1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
http://www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the proposed facilities would disturb about 196
acres of land for the aboveground facilities and the pipeline.
Following construction, about 81 acres would be maintained for
permanent operation of the project's facilities; the remaining acreage
would be restored and allowed to revert to former uses. About 83
percent of the proposed pipeline route parallels existing pipeline,
utility, or road rights-of-way.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to

address in the EA. All comments received will be considered during the
preparation of the EA.
---------------------------------------------------------------------------

    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Geology and soils;
     Water resources, fisheries, and wetlands;
     Vegetation and wildlife;
     Endangered and threatened species;
     Land use;
     Cultural resources;
     Air quality and noise; and
     Public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be presented in the EA.
The EA will be placed in the public record and, depending on the
comments received during the scoping process, may be published and
distributed to the public. A comment period will be allotted if the EA
is published for review. We will consider all comments on the EA before
we make our recommendations to the Commission. To ensure your comments
are considered, please carefully follow the instructions in the Public
Participation section below.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. Agencies that would like to request cooperating
agency status should follow the instructions for filing comments
provided under the Public Participation section of this notice.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by CEGT. This preliminary list
of issues may be changed based on your comments and our analysis.
     Crossing of wetlands enlisted under the Wetland Reserve
Program for the protection, restoration and enhancement of wetlands.
     Potential impacts on federally listed threatened and
endangered species occurring within the project area.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that they will be received in Washington, DC on or before April 1,
2011.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP11-78-000) with your submission.
The Commission encourages electronic filing of comments and has expert
eFiling staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at http://www.ferc.gov under the link to Documents and Filings. An eComment is an
easy method for interested persons to submit brief, text-only comments
on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at
http:www.ferc.gov under the link to Documents and Filings. With
eFiling, you can provide comments in a variety of formats by attaching
them as a file with your submission. New eFiling users must first
create an account by clicking on ``eRegister.'' You will be asked to
select the type of filing you are making. A comment on a particular
project is considered a ``Comment on a Filing;'' or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes Federal, State, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project. If the EA is published for distribution, copies will
be sent to the environmental mailing list for public review and
comment.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are
included in the User's Guide under the ``e-filing'' link on the
Commission's Web site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at http://www.ferc.gov using the ``eLibrary'' link. Click
on the eLibrary link, click on ``General Search'' and enter the docket
number, excluding the last three digits in the Docket Number field
(i.e., CP11-78). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: March 2, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-5316 Filed 3-8-11; 8:45 am]
BILLING CODE 6717-01-P


Record Index for the Metal Products and Machinery ( MP& M) OW 2002 033 ( W 99 23) Final Rule ( Section 22) 4/ 16/ 03 22 1 SECTION DCN CBI TYPE TITLE RECIPIENT SENDER DATE PAGES 22.1 17933 No REPORT Preliminary Data Summary for Industrial Container and Drum Cleaning Industry Record EPA 1/ 6/ 02 148 22.2 17833 No ART Checklist: Pollution Prevention Techniques for Auto Repair Shops Record Stevens Publishing 11/ 6/ 02 3 22.2 18050 No MEM Preventing Pollution Information for Metal Finishing, Electroplating Shops, Aerospace Parts Manufacturers, and Printed Circuit Board Manufacturers Record C. Johnston, EPA/ OW/ OST 2/ 7/ 03 3 22.3 17924 No DOC Cost Effective Compliance to the MP& M Regulations Using Enhanced Flotation Methods Record Sulmet, LLC 6/ 1/ 02 16


[Federal Register: December 17, 2008 (Volume 73, Number 243)]
[Notices]
[Page 76633-76634]
[DOCID:fr17de08-72]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0002; FRL-8394-6]

Ace Info Solutions, Inc.; Transfer of Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that pesticide related information
submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the
Federal Insecticide, Fungicide, and Rodenticide

Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA),
including information that may have been claimed as Confidential
Business Information (CBI) by the submitter, will be transferred to Ace
Info Solutions, Inc., in accordance with 40 CFR 2.307(h)(3) and
2.308(i)(2). Ace Info Solutions, Inc., has been awarded multiple
contracts to perform work for OPP, and access to this information will
enable Ace Info Solutions, Inc., to fulfill the obligations of these
contracts.

DATES: Ace Info Solutions, Inc., will be given access to this
information on or before December 22, 2008.

FOR FURTHER INFORMATION CONTACT: Felicia Croom, Information Technology
and Resources Management Division (7502P), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action applies to the public in general. As such, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

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

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2008-0002. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Contractor Requirements

    Under Contract No. EP-W-09-001, the contractor will perform the
following:
     Build quickly small applications to fill specific or
emergency needs which fall outside of the scope of work of the OPP
Infrastructure Maintenance contract. This maintenance and application
enhancement work may be in Oracle, Lotus Notes, Domino, Lotus
Enterprise Integrator (LEI), Documentum, Business Objects, or any other
software application platform that may be housed on OPP' s servers, or
on other Agency servers at EPA Headquarters, or at EPA' s computer
facility in Research Triangle Park, NC. The contractors will provide
maintenance, application enhancements, and documenting existing
applications.
     This contract covers those activities.
     This contract involves no subcontractors.
    OPP has determined that the contract described in this document
involves work that is being conducted in connection with FIFRA, in that
pesticide chemicals will be the subject of certain evaluations to be
made under this contract. These evaluations may be used in subsequent
regulatory decisions under FIFRA.
    Some of this information may be entitled to confidential treatment.
The information has been submitted to EPA under sections 3, 4, 6, and 7
of FIFRA and under sections 408 and 409 of FFDCA.
    In accordance with the requirements of 40 CFR 2.307(h)(3), the
contract with Ace Info Solutions, Inc., prohibits use of the
information for any purpose not specified in this contract; prohibits
disclosure of the information to a third party without prior written
approval from the Agency; and requires that each official and employee
of the contractor sign an agreement to protect the information from
unauthorized release and to handle it in accordance with the FIFRA
Information Security Manual. In addition, Ace Info Solutions, Inc., is
required to submit for EPA approval a security plan under which any CBI
will be secured and protected against unauthorized release or
compromise. No information will be provided to Ace Info Solutions,
Inc., until the requirements in this document have been fully
satisfied. Records of information provided to Ace Info Solutions, Inc.,
will be maintained by the EPA Project Officer for this contract. All
information supplied to Ace Info Solutions, Inc., by EPA for use in
connection with this contract will be returned to EPA when Ace Info
Solutions, Inc., has completed its work.

List of Subjects

    Environmental protection, Business and industry, Government
contracts, Government property, Security measures.

    Dated: December 3, 2008.
Kathryn Bouve
Acting Director, Office of Pesticide Programs.
[FR Doc. E8-29465 Filed 12-16-08; 8:45 am]

BILLING CODE 6560-50-S