Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions 1 This paper does not address the issue of data that are " voluntarily submitted" to the Agency or the application of section 408( i) to import tolerance data submitted to support tolerances or tolerances exemptions.

Page 1 of 17 As part of the Food Quality Protection Act of 1996 ( FQPA), Congress amended the Federal Food, Drug, and Cosmetic Act ( FFDCA) to address exclusive use and compensation rights for data submitted to the Environmental Protection Agency ( EPA) in support of tolerance and tolerance exemption actions, and to amend treatment of confidential information under the statute. On January 19, 2000, ( 65 FR 2947) EPA announced the availability for comment of a paper discussing options to enable the Agency to appropriately implement the new exclusive use and data compensation provisions contained in section 408( i) of the FFDCA. This paper discusses the comments received and sets forth a proposal which considers those comments and incorporates the Agency's concept of the implementation of a data compensation program under FFDCA section 408( i). 1 The paper also proposes an interpretation of the confidentiality provisions under 408( i). The Agency seeks public comment on this proposal.

I. Background a. Registration of pesticides EPA is responsible under section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA) for registering pesticide products on the basis of scientific data or other information adequate to show that, among other things, the products will not pose unreasonable adverse effects on the environment. EPA may require that applicants and registrants submit data to the Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 2 of 17 Agency to assess whether a pesticide should be registered or continue to be registered. Persons wanting to obtain a registration for a pesticide product must submit an application package consisting of, among other things, information relating to the identity and composition of the product, and supporting data or a citation to supporting data.

FIFRA section 3( c)( 1)( F) extends exclusive use or compensation rights to certain persons (" original data submitters") who submit data in support of an application for registration,

reregistration, or experimental use permit, or to maintain an existing registration. Applicants who cite supporting data previously submitted to the Agency by the original data submitter must certify that an offer of compensation has been made to the original data submitter or that the submitter has granted permission to cite data. In the case of " exclusive use" data, the applicant must obtain the permission of the original data submitter and certify with the Agency that the applicant has obtained written authorization from the original data submitter. If an applicant or registrant fails to comply with these requirements, the application/ registration is subject to denial or cancellation.

Since FIFRA places an obligation on the Agency to ensure that the original data submitter is offered compensation ( or grants permission) for the use of data, a Pesticide Data Submitters List was developed to assist applicants in fulfilling their obligation. The Data Submitters List is a compilation of names and addresses of original data submitters who wish to be notified and offered compensation for use of their data. The Data Submitters List is available via the Internet at http:// www. epa. gov/ opppmsd1/ DataSubmittersList.

b. Pesticide residue tolerances and exemptions Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 3 of 17 For pesticides that may remain in or on food or animal feed, a maximum residue level ( tolerance) must be established. In considering a tolerance action, EPA reviews certain types of data on a pesticide to determine if residue limits will be safe. Prior to passage of FQPA, FFDCA did not contain a data compensation and exclusive rights provision. Nonetheless, EPA has consistently taken the position that data submitted to support a tolerance or tolerance exemption are entitled to exclusive use or compensation if the data otherwise meet the requirements of section 3 of FIFRA. Specifically, the data must be submitted in support of a registration or reregistration action or must otherwise be submitted to support or maintain registration. Because most " tolerance related" data are submitted to support registration actions, these data generally are subject to the compensation and exclusive use provisions of FIFRA.

II. Amendments to the Law In 1996, Congress amended the FFDCA to add a new section 408( i) that explicitly addresses compensation and exclusive use rights for data submitted to support tolerances and tolerance exemptions. Congress provided that such data are entitled to exclusive use and compensation " to the same extent" provided in section 3 of FIFRA. However, the statute gives no further guidance as to whether this provision is simply intended to codify EPA's current practice, or whether Congress intended to expand data rights to those data that currently do not enjoy compensation or exclusive use rights. The pertinent part of the statutory language reads:

408( i) Confidentiality and Use of Data.   ( 1) General rule. Data and information that are or have been submitted to the Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 4 of 17 Administrator under this section or section 409 in support of a tolerance or an exemption from a tolerance shall be entitled to confidential treatment for reasons of business confidentiality and to exclusive use and data compensation to the same extent provided by sections 3 and 10 of the Federal Insecticide, Fungicide, and Rodenticide Act.

EPA may receive data submitted in support of tolerance or tolerance exemption actions that are not submitted to support FIFRA registration actions. For example, data submitted by manufacturers of inert ingredients petitioning for the issuance of a tolerance or exemption and data submitted by persons petitioning for the issuance of a tolerance for a pesticide on imported food are generally not submitted in connection with any action under FIFRA. Under FIFRA such data would not, therefore, qualify for exclusive use or compensation status.

While the statute is silent on this matter, the legislative history in the House Committee on Commerce Report accompanying H. R. 1627 ( the bill that was enacted as the FQPA of 1996)

provides that "[ t] he Committee intends that this section apply to data submitted to EPA prior to enactment, under old section 408 or 409, including data submitted under EPA guidelines by manufacturers of inert ingredients of pesticides" ( H. R. No. 669, 104th Cong., 2nd Sess., pt 2, at 50, 1996). Since most data submitted by manufacturers of inert ingredients are not subject to protection under section 3 of FIFRA ( because the data generally are not submitted in connection with a registration action), the legislative history suggests that Congress did intend to expand compensation and exclusive use rights to " tolerance" data that would not otherwise be entitled to protection under FIFRA. Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 5 of 17 III. Preliminary Options for Implementing Section 408( i)

On January 19, 2000, EPA solicited comments on three options put forth by the Agency to address implementation of the provisions of section 408( i) of FFDCA that relate to exclusive use and compensation rights. The three options presented were different interpretations of the potential scope of the new provision focusing on who the data submitters may be. Those options were:

A. Option 1: Only Registrants and Applicants for Registration One approach to implementing section 408( i) would extend data compensation and exclusive use rights ( data rights) only to those persons who submit data in support of tolerances or exemptions from tolerances that also meet all the conditions necessary to obtain such rights as set forth in section 3 of FIFRA. This option would read section 408( i) as Congressional ratification of the Agency's current treatment of " tolerance" related data. Therefore, under this option, data rights under section 408( i) would only extend to those persons who qualify as " applicants" under FIFRA for a current registration or reregistration action ( See section 3( c)( 1)( F) of FIFRA).

B. Option 2: Any Person Who Submits Data Related to Current Registration/ reregistration Action This reading of section 408( i), as in option 1, would extend data rights to those persons Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 6 of 17 who submit data in support of tolerances or exemptions from tolerances that also meet all the conditions necessary to obtain such rights as set forth in section 3 of FIFRA, the difference being that the submitter would not have to be an " applicant or registrant" as section 3( c)( 1)( F)( iii) of FIFRA provides for data subject to the compensation provisions of FIFRA ( as explained in section 1. B. above). This option would give some meaning to the FQPA legislative history that indicates that Congress intended to offer protection to data submitted by manufacturers of inert ingredients. It is unlikely, however, that this option would protect much data submitted by manufacturers of inert ingredients, since such data are rarely submitted for the specific purposes identified in FIFRA section 3 ( registration, reregistration, etc.).

C. Option 3: Any Person Without Regard to Whether Data Relate to Current Registration or Reregistration This reading of section 408( i) would extend data compensation and exclusive use rights to persons who submit data and who would otherwise qualify for data rights under both options 1 and 2 above. However, this option would also extend rights to data submitters without regard to whether the data submitted relates to any current registration or reregistration action or whether the data submitter is a pesticide registrant. Protections would only be linked to the issuance of tolerances and tolerance exemptions. This approach would likely extend protection to data submitted by manufacturers of inert ingredients. Because these individuals generally do not submit data in connection with pesticide registration activities under FIFRA, options 1 and 2 above would likely not provide the measure of data protection provided by this option. Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions 2 See comments in Public Docket " OPP 00621A" located in the Public Information and Records Integrity Branch ( PIRIB), Office of Pesticides Programs, Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. The Docket is open from 8: 30 a. m. to 4: 00 p. m., Monday through Friday, excluding federal holidays. The Docket telephone number is 703 305 5805.

Page 7 of 17 IV. Summary of Comments Received In response to EPA's solicitation for comment on the options noted above, EPA received comments from seven commenters. 2 Six of the seven commenters supported the development of Option 3, to expand data compensation and exclusive use rights to " Any Person Without Regard to Whether Data Relate to Current Registration or Reregistration." A variety of reasons were given for support of Option 3, including; 1) the expansion of data protection rights would encourage further development of inert ingredients; and 2) data protection should not rely on the registration process. One commenter, however, was concerned that the options did not contain a plan to enforce data protection rights and proposed a tiered scheme in which data protection was based on the value of the inert ingredient.

V. EPA Position EPA believes implementing some form of option 3 gives meaning to 408( i) and provides some measure of equity to inert manufacturers who have paid and will pay money to conduct testing necessary to allow approval under both FIFRA and FFDCA. EPA believes it is Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 8 of 17 appropriate to read 408( i) as establishing authority for EPA to use FIFRA as a guidepost for determining the nature and extent of protections that apply to data covered by 408( i). Thus, EPA has developed a proposal based on option 3 that provides a mechanism for protecting 408( i) data submissions.

VI. Scope of Proposal a. Tolerance & tolerance exemption for inert ingredient data only This proposal only addresses data protections for studies that have been and will be submitted to support tolerances or tolerance exemptions ( i. e., food use data) on inert ingredients.

FFDCA section 408( i) does not extend to data submitted solely to support non food uses. To the extent that protections for non food use data on inert ingredients exist, they would be found exclusively in FIFRA.

b. Initial listing and petition process EPA believes there are approximately 8 to 10 inert ingredients for which EPA has received a significant amount of proprietary data from the manufacturer to establish a tolerance or tolerance exemption. Most of these tolerances or exemptions were established after the passage of the FQPA in 1996 and were therefore evaluated pursuant to the FQPA safety standard,

as set forth in FFDCA section 408( b). EPA intends to address these inert ingredients in the initial phase of the proposed data compensation program for inert ingredients by inviting the data submitters of these inert ingredients to be listed on the data submitters list ( DSL), which is currently used for active ingredients. The Agency acknowledges, however, that the protections of Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 9 of 17 408( i) are not limited to data submitted after the passage of the FQPA, and that there may be data submitters in addition to those identified in the initial phase of this program who have submitted to EPA data regarding inert ingredients that are protected under section 408( i). For this reason,

any person who believes he or she has submitted proprietary data to support other tolerances or tolerance exemptions may petition the Agency to supplement the list of ingredients initially addressed by EPA.

c. Tolerance reassessment and inert data requirements As required by section 408( q) of FFDCA, tolerances and tolerance exemptions established prior to the passage of FQPA are being reassessed under the new FFDCA section 408( b) safety standard, as described more fully in section VII of this document. EPA may require the submission of additional data in connection with reassessment determinations for inert ingredients.

Section 3( c)( 2)( B) of FIFRA and 408( f) of the FFDCA provide authority for the Agency to call in additional data needed for tolerance and tolerance exemption reassessment. EPA anticipates that the data call in process would also provide the data compensation mechanism for data generated to address reassessment. EPA will also need to insure that applicants/ registrants that register or amend products after the issuance of any such DCIs have satisfied these requirements.

Accordingly, EPA will also make the section 408( i) data compensation program applicable to data submitted for new inert ingredients.

d. Confidentiality of 408 information EPA also proposes to implement the revised confidentiality provisions in FFDCA section 408( i). Prior to the changes made in FFDCA by FQPA in 1996, confidentiality of information Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 10 of 17 submitted in support of a tolerance or exemption was governed by old section 408( f), which made all such information confidential until publication of a regulation establishing a tolerance or exemption ( unless the submitter explicitly waived confidential protection). This section was replaced in 1996 by current section 408( i), which provides in part, " Data and information that are or have been submitted to the Administrator under this section or section 348 of this title in support of a tolerance or an exemption from a tolerance shall be entitled to confidential treatment for reasons of business confidentiality and to exclusive use and data compensation to the same extent provided by sections 3 and 10 of the Federal Insecticide, Fungicide, and Rodenticide Act." EPA has never formally interpreted the meaning of section 408( i) with respect to confidential information.

The likely intent of Congress was to accord information submitted in support of a tolerance or exemption the same confidentiality protections that apply to data submitted under FIFRA, especially considering the extent to which FIFRA and FFDCA were intertwined more closely by FQPA. Treating information submitted under the two statutes identically means that they are subject to the same protections ( e. g., restrictions on disclosure of entire studies to multinational corporations in accordance with FIFRA section 10( g)) and the same disclosure requirements ( e. g., mandatory public availability of safety and efficacy information in accordance with FIFRA 10( d)( 1)). In fact, this discussion may be largely academic, because EPA expects that nearly all data submitted under part 158 in support of a tolerance or exemption will also be information submitted under FIFRA. The only exception would pertain to import tolerances or exemptions for pesticides that are not used in the United States, submissions which are Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 11 of 17 uncommon. Therefore, EPA intends to apply FIFRA section 10 equally to data submitted pursuant to FFDCA 408.

VII. Procedural Matters a. Process: What mechanisms will EPA use to implement section 408( i)?

While the implementation of section 408( i) necessarily requires EPA to interpret that provision, the statute does not require that EPA issue rules of general applicability through notice and comment rulemaking. Indeed, given that Congress gave immediate effect to 408( i) upon the enactment of the Food Quality Protection Act of 1996, it is apparent that Congress intended EPA to ensure protection of these rights in the absence of new rulemaking actions. Further, the actual determinations regarding the need for any individual applicant or registrant to cite data protected by section 408( i) are case by case decisions ( informal adjudications) made in connection with individual registration actions and do not require the development of rules. Finally, given the pendency of reassessment activities for inert ingredients, EPA believes it is important to develop and implement this program on a schedule that will ensure protection of data that are being developed  and that will be cited  in connection with reassessment. For these reasons, EPA does not intend to develop its approach for implementing the exclusive use and data compensation provisions of section 408( i) through rulemaking.

Since new data compensation programs will be integrated into a part of the existing registration process, some additional changes will likely need to be made to the process to ensure protection of data on inert ingredients. Specifically, EPA is evaluating the extent to which Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 12 of 17 Pesticide Registration Notice ( PRN) 98 10, ( Notifications, Non Notifications and Minor Formulation Amendments, October 22, 1998) should be amended to ensure protection of rights in inert ingredient data. Under this current EPA policy, registrants are in certain instances permitted to change suppliers of inert ingredients by either " notification" or " non notification" rather than full amendment. Because only the full amendment process includes the submission and review of data or data compensation materials, notification and non notification procedures cannot be used for a change in inert ingredient suppliers if data must be submitted or cited for the ingredient.

Likewise, EPA will be reviewing for potential modification PRN 98 5, ( New forms for the Certification with Respect to Citation of Data and EPA form 8570 34, June 12, 1998); and the Formulator's Exemption Statement, EPA form 8570 27. EPA is considering modifications to the language to provide for data submitted under section 408( i). EPA seeks public comments on whether any other PRNs or forms should be modified and reasons why.

b. Incorporating FFDCA section 408( i) data protection into the FIFRA process Currently, the obligation to satisfy any inert ingredient data submission and compensation requirement is part of an applicant's obligation to submit or cite data in connection with FIFRA registration activities. EPA does not believe section 408( i) either mandates or creates an alternate vehicle for protecting the additional data rights created by that section. Indeed, the FFDCA provides no mechanism for ensuring protection of the rights provided by 408( i). Further, EPA has no authority under FIFRA or the FFDCA to develop a distinct inert ingredient licensing scheme similar to that provided by FIFRA for registration of pesticide products, that would allow EPA to ensure protection of rights in such data separate and apart from the registration of Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 13 of 17 pesticide products that contain these ingredients. For this reason, EPA believes Congress intended the Agency to use the FIFRA registration process to protect FFDCA section 408( i) data rights.

c. Citing data and the formulator's exemption Under FIFRA, applicants must satisfy applicable EPA data requirements at the time of registration or amended registration by either submitting data or citing to data in EPA's files that have previously been submitted by another person. In some instances, applicants may be exempt from certain data requirements if they purchase registered source materials ( the " formulator's exemption"). When applicants cite data, they generally must either obtain the permission of the data submitter to cite the data, or they must offer compensation to the data submitter. EPA believes this obligation to submit or cite data also extends to data protected by section 408( i), and that EPA's existing data submission/ data compensation system can be tailored to insure protection of these rights. Accordingly, applicants and registrants whose pesticide products contain an inert ingredient addressed by this initial program will be required to satisfy applicable data requirements for that ingredient prior to registration or amended registration. EPA also believes that the principles underlying the formulator's exemption ( i. e., that the purchase price includes data development costs) can also be extended to inert ingredient data. Thus, EPA believes that inert ingredient data requirements can also be satisfied if the applicant can demonstrate and certify that its supplier ( or the person or persons from whom its supplier obtained the ingredient) has already submitted the required data to EPA.

d. Data requirements Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 14 of 17 While EPA has not by regulation established a generic set of data requirements for inert ingredients ( although the Agency recently proposed a paradigm for evaluating inert ingredients that involves tiered data requirements depending upon what is known about the hazard of the ingredient, 67 FR 40732, June 13, 2002;

http:// www. epa. gov/ oppfead1/ cb/ csb_ page/ updates/ lowertox. pdf), EPA believes that section 408( i), like FIFRA, extends protections to data that EPA requires to support new or existing tolerance and exemption activities regardless of whether EPA has an established set of data submission guidelines. Because tolerance and tolerance exemptions must be issued prior to registration for any ingredient that may result in residues in or on food, any data that are needed for EPA to evaluate and issue appropriate tolerances or tolerance exemptions are " required" data that must be submitted or cited by applicants. Therefore, section 408( i) similarly protects rights for data submitted on new inert ingredients that are necessary for the establishment of a new or existing tolerance or tolerance exemption even though EPA has not established a formal set of requirements for such data.

e. Modification of the Data Submitters List ( DSL)

EPA intends to expand the existing data submitters list ( DSL) to include the names of the inert ingredient data submitters who have submitted data to support tolerance/ tolerance exemptions for the ingredients addressed in the initial program. As with the existing DSL,

applicants and registrants will be able to contact persons on the list to make the appropriate offers of compensation or otherwise obtain permission in order to cite these data. Applicants with products that include any inert ingredient listed on the DSL will need to indicate on the required Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 15 of 17 data compensation form that is submitted to EPA the manner in which the applicant or registrant has satisfied requirements for such inert ingredients as well as the existing requirements for the active ingredients and any product specific data requirements.

f. What measure of protection do the data receive?

As articulated above, EPA believes the best and most fair reading of section 408( i)

expresses Congressional intent that EPA use section 3 of FIFRA as a guidepost for determining both the extent of protection and the procedural events to initiate protection of 408( i) data. Thus,

the FIFRA 10 year " exclusive use" and 15 year " compensation" periods apply to inert ingredient data submitted in support of a tolerance or tolerance exemption.

The more difficult matter is determining precisely which data the " exclusive use" period applies to, and which data are subject only to " compensation" rights. Under section 3 of FIFRA,

data submitted to support the initial registration ( and any new use) of a product containing a new active are entitled to " exclusive use" treatment for a period of 10 years following the initial registration of the pesticide. During this period, applicants for registration may not cite these data to satisfy EPA data requirements without the permission of the original data submitter. As a general matter, all other data submitted by an applicant or registrant to support or maintain the registration of a pesticide are entitled to 15 years of " compensation" protection following the submission of the data. During this period, applicants may not cite such data in support of registration or reregistration activities without first offering compensation to the original data submitter. A comparable and consistent application of the principles of FIFRA section 3( C)( 1)( F)

would be to provide exclusive use protection to data submitted to establish the first tolerance or Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 16 of 17 tolerance exemption for an inert ingredient for the 10 year period following the issuance of the tolerance or exemption, and to provide compensation rights for all data submitted to support or maintain a tolerance for the 15 year period following the date of submission of the data. EPA believes that the mandatory arbitration clauses will also apply. EPA believes extending these provisions to section 408( i) data submittals would provide " to the same extent" the data protection rights afforded under section 3 of FIFRA. EPA would like to receive comment on this interpretation of section 3( C)( 1)( F) of and its potential applicability to 408( i) data.

VIII. Tolerance Reassessment Activities for Inert Ingredients EPA envisions that the section 408( i) data compensation program will be expanded through tolerance reassessment as EPA identifies potential additional data needs to meet the requirements of Federal Food, Drug, and Cosmetic Act ( FFDCA), as amended by the Food Quality Protection Act of 1996. Under section 408( q), EPA is required to reassess all tolerances and exemptions for both active and inert ingredients that were in effect prior to the enactment of the FQPA At that time, over 850 tolerance actions involving inert ingredients were subject to tolerance reassessment.

EPA envisions that section 408( i) data compensation activities will be tied to tolerance reassessment in order of the priority established by EPA. Section 3( c)( 2)( B) of FIFRA and 408( f)

of the FFDCA provide authority for the Agency to call in additional data needed for tolerance and tolerance exemption reassessment. EPA anticipates that the data call in process would also provide the data compensation mechanism for data generated to address reassessment. Thus, Proposal for Implementing Data Compensation Rights for Data Submitted in Support of Tolerance and Tolerance Exemption Actions Page 17 of 17 EPA will at that time expand this program to ensure that EPA protects rights in inert ingredient data that flow from compliance with any DCI issued. After the issuance of any such DCIs, EPA will also need to insure that applicants for registration or amended registration under FIFRA have satisfied these requirements.

IX. Submitting Comments EPA specifically solicits public comments on the proposal described in this paper.

Comments submitted on other alternative methods of implementing section 408( i) will also be considered. For additional information or instructions on how to submit comments please refer to the related Notice of Availability in E Docket No. OPP 2002 0296.


[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Notices]
[Pages 2700-2706]
[FR Doc No: 2013-00516]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30345; File No. 812-13895]

First Trust Exchange-Traded Fund, et al.; Notice of Application

January 8, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 12(d)(1)(J)
of the Investment Company Act of 1940 (the ``1940 Act'') for exemptions
from sections 12(d)(1)(A), (B), and (C) of the 1940 Act, under sections
6(c) and 17(b) of the 1940 Act for an exemption from section 17(a) of
the 1940 Act, and under section 6(c) of the 1940 Act for an exemption
from rule 12d1-2(a) under the 1940 Act.

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Summary of the Application: Applicants request an order that would (a)
permit certain registered open-end management investment companies that
operate as ``funds of funds'' to acquire shares of certain registered
open-end management investment companies, registered closed-end
management investment companies, ``business development companies,'' as
defined by section 2(a)(48) of the 1940 Act, and registered unit
investment trusts that are within or outside the same group of
investment companies as the acquiring investment companies and (b)
permit certain registered open-end management investment companies
relying on rule 12d1-2 under the 1940 Act to invest in certain
financial instruments.

Applicants: First Trust Exchange-Traded Fund, First Trust Exchange-
Traded Fund II, First Trust Exchange-Traded Fund III, First Trust
Exchange-Traded Fund IV, First Trust Exchange-Traded Fund V, First
Trust Exchange-Traded Fund VI, First Trust Exchange-Traded Fund VII,
First Trust Exchange-Traded AlphaDEX Fund and First Trust Exchange-
Traded AlphaDEX Fund II (each an ``ETF Trust''), First Trust Series
Fund (the ``Series Trust''), First Defined Portfolio Fund, LLC (``First
Defined''), First Trust Variable Insurance Trust (``Variable Insurance
Trust'' and, together with First Defined, the Series Trust and the ETF
Trusts, the ``Acquiring Companies''), First Trust Advisors L.P. (the
``Advisor'') and First Trust Portfolios L.P. (the ``Distributor'').

Filing Dates: The application was filed on April 29, 2011, and amended
on October 21, 2011, May 18, 2012, September 14, 2012, and January 3,
2013.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on February 4, 2013, and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants,
120 East Liberty Drive, Suite 400, Wheaton, Illinois 60187.

FOR FURTHER INFORMATION CONTACT: Jill Ehrlich, Senior Counsel, at (202)
551-6819, or David P. Bartels, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

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. Each Acquiring Company other than First Defined was organized as
a Massachusetts business trust, and each Fund (as defined below) will
pursue its own investment objective(s) and strategies.\1\ Each
Acquiring Company is

or will be registered as an open-end management investment company
under the 1940 Act.\2\
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    \1\ Shares of series of the Variable Insurance Trust and
interests in series of First Defined, which is organized as a
Delaware limited liability company, are not offered directly to the
public. Shares of series of the Variable Insurance Trust are offered
to separate accounts that are registered as investment companies
under the 1940 Act (``Registered Separate Accounts'') or that are
not registered under the 1940 Act (``Unregistered Separate
Accounts,'' collectively with Registered Separate Accounts,
``Separate Accounts'') of affiliated and unaffiliated insurance
companies as the underlying investment vehicles for the variable
life insurance and variable annuity contracts (collectively,
``variable insurance contracts'') issued by the insurance companies
(owners of such contracts, ``contract holders''). They are also
offered to qualified pension and retirement plans. Interests in
series of First Defined are offered to a Registered Separate Account
of an unaffiliated insurance company as an underlying investment
vehicle for the variable insurance contracts that the insurance
company issues.
    \2\ Applicants request that the order apply not only to any
existing series of the Acquiring Companies, but that the order also
extend to any future series of the Acquiring Companies, and any
other existing or future registered open-end management investment
companies and any series thereof that are part of the same group of
investment companies, as defined in section 12(d)(1)(G)(ii) of 1940
Act, as the Acquiring Companies and are, or may in the future be,
advised by the Advisor or any other investment adviser controlling,
controlled by, or under common control with the Advisor (together
with the existing series of the Acquiring Companies, each series a
``Fund,'' and collectively, the ``Funds''). All 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. The Advisor, an Illinois limited partnership, is a registered
investment adviser under the Investment Advisers Act of 1940 and serves
as the investment adviser to each of the Funds of Funds (as defined
below).\3\ The Distributor is a Broker (as defined below) and currently
serves as the Funds' principal underwriter and distributor.
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    \3\ All references to the term ``Advisor'' include successors-
in-interest to the Advisor. A successor-in-interest is limited to an
entity that results from a reorganization into another jurisdiction
or a change in the type of business organization.
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    3. Applicants request relief to the extent necessary to permit: (a)
A Fund (each, a ``Fund of Funds,'' and collectively, the ``Funds of
Funds'') to acquire shares of registered open-end management investment
companies (each an ``Unaffiliated Open-End Investment Company''),
registered closed-end management investment companies, ``business
development companies'' as defined by section 2(a)(48) of the 1940 Act
(``business development companies'') (each registered closed-end
management investment company and each business development company, an
``Unaffiliated Closed-End Investment Company'' and, together with the
Unaffiliated Open-End Investment Companies, the ``Unaffiliated
Investment Companies''), and registered unit investment trusts
(``UITs'') (the ``Unaffiliated Trusts,'' and together with the
Unaffiliated Investment Companies, the ``Unaffiliated Funds''), in each
case, that are not part of the same ``group of investment companies''
as the Funds of Funds;\4\ (b) the Unaffiliated Funds, their principal
underwriters and any broker or dealer registered under the Securities
Exchange Act of 1934 (the ``1934 Act'') (``Broker'') to sell shares of
such Unaffiliated Funds to the Funds of Funds; (c) the Funds of Funds
to acquire shares of other registered investment companies, including
open-end management investment companies and series thereof, closed-end
management investment companies and UITs, as well as business
development companies (if any), in the same group of investment
companies as the Funds of Funds (collectively, the ``Affiliated
Funds,'' and, together with the Unaffiliated Funds, the ``Underlying
Funds'');\5\ and (d) the Affiliated Funds, their principal underwriters
and any Broker to sell shares of the Affiliated Funds to the Funds of
Funds.\6\ Applicants also request an order under sections 6(c) and
17(b) of the 1940 Act to exempt applicants from section 17(a) to the
extent necessary to permit Underlying Funds organized as open-end
investment companies (``Underlying Open-End Funds'') to sell their
shares to Funds of Funds and redeem their shares from Funds of
Funds.\7\
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    \4\ For purposes of the request for relief from Sections
12(d)(1)(A), (B), and (C) of the 1940 Act, the term ``group of
investment companies'' means any two or more registered investment
companies, including closed-end investment companies, that hold
themselves out to investors as related companies for purposes of
investment and investor services.
    \5\ Certain of the Underlying Funds may be registered under the
1940 Act as either UITs or open-end management investment companies
and have obtained exemptions from the Commission necessary to permit
their shares to be listed and traded on a national securities
exchange at negotiated prices and, accordingly, to operate as
exchange-traded funds (collectively, ``ETFs'' and each, an ``ETF'').
In addition, certain of the Underlying Funds currently pursue, or
may in the future pursue, their investment objectives through a
master-feeder arrangement in reliance on section 12(d)(1)(E) of the
1940 Act. In accordance with condition 12, a Fund of Funds may not
invest in an Underlying Fund that operates as a feeder fund unless
the feeder fund is part of the same ``group of investment
companies'' as its corresponding master fund or the Fund of Funds.
If a Fund of Funds invests in an Affiliated Fund that operates as a
feeder fund and the corresponding master fund is not within the same
``group of investment companies'' as the Fund of Funds and
Affiliated Fund, the master fund would be an Unaffiliated Fund for
purposes of the application and its conditions.
    \6\ With respect to investments in business development
companies, applicants only seek an exemption from section
12(d)(1)(A) of the 1940 Act, not section 12(d)(1)(C). Applicants
state that they do not believe that investments in business
development companies present any particular considerations or
concerns that may be different from those presented by investments
in registered closed-end investment companies.
    \7\ Applicants note that a Fund of Funds will purchase and sell
shares of an Underlying Fund that is a closed-end fund through
secondary market transactions at market prices rather than through
principal transactions with the closed-end fund. Accordingly,
applicants are not requesting section 17(a) relief with respect to
principal transactions with closed-end funds.
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    4. Applicants also request an exemption under section 6(c) from
rule 12d1-2 under the 1940 Act to permit any existing or future Fund of
Funds that relies on section 12(d)(1)(G) of the 1940 Act (``Section
12(d)(1)(G) Fund of Funds'') and that otherwise complies with rule
12d1-2 under the 1940 Act, to also invest, to the extent consistent
with its investment objective(s), policies, strategies and limitations,
in other financial instruments that may not be securities within the
meaning of section 2(a)(36) of the 1940 Act (``Other Investments'').

Applicants' Legal Analysis

A. Section 12(d)(1)

    1. Section 12(d)(1)(A) of the 1940 Act, in relevant part, 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 total assets of
the acquiring company. Section 12(d)(1)(B) of the 1940 Act prohibits a
registered open-end investment company, its principal underwriter, and
any Broker from selling the investment company's shares 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 from acquiring any security issued by a
registered closed-end investment company if such acquisition would
result in the acquiring company, any other investment companies having
the same investment adviser, and companies controlled by such
investment companies, collectively, owning more than 10% of the
outstanding voting stock of the registered closed-end investment
company.
    2. Section 12(d)(1)(J) of the 1940 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 request an
exemption under

section 12(d)(1)(J) of the 1940 Act from the limitations of sections
12(d)(1)(A), (B) and (C) to the extent necessary to permit: (i) the
Funds of Funds to acquire shares of Underlying Funds in excess of the
limits set forth in section 12(d)(1)(A) and (C) of the 1940 Act; and
(ii) the Underlying Funds, their principal underwriters and any Broker
to sell shares of the Underlying Funds to the Funds of Funds in excess
of the limits set forth in section 12(d)(1)(B) of the 1940 Act.
    3. 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.
    4. Applicants submit that the proposed structure will not result in
the exercise of undue influence by a Fund of Funds or its affiliated
persons over the Underlying Funds. Applicants assert that the concern
about undue influence does not arise in connection with a Fund of
Funds' investment in the Affiliated Funds because they are part of the
same group of investment companies. To limit the control a Fund of
Funds or Fund of Funds Affiliate \8\ may have over an Unaffiliated
Fund, applicants propose a condition prohibiting the Advisor and any
person controlling, controlled by or under common control with the
Advisor, and any investment company and any issuer that would be an
investment company but for section 3(c)(1) or section 3(c)(7) of the
1940 Act advised or sponsored by the Advisor or any person controlling,
controlled by or under common control with the Advisor (collectively,
the ``Group'') from controlling (individually or in the aggregate) an
Unaffiliated Fund within the meaning of section 2(a)(9) of the 1940
Act. The same prohibition would apply to any other investment adviser
within the meaning of section 2(a)(20)(B) of the 1940 Act to a Fund of
Funds (``Sub-Adviser'') and any person controlling, controlled by or
under common control with the Sub-Adviser, and any investment company
or issuer that would be an investment company but for section 3(c)(1)
or 3(c)(7) of the 1940 Act (or portion of such investment company or
issuer) advised or sponsored by the Sub-Adviser or any person
controlling, controlled by or under common control with the Sub-Adviser
(collectively, the ``Sub-Adviser Group'').
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    \8\ A ``Fund of Funds Affiliate'' is the Advisor, any Sub-
Adviser, promoter or principal underwriter of a Fund of Funds, as
well as any person controlling, controlled by or under common
control with any of those entities. An ``Unaffiliated Fund
Affiliate'' is an investment adviser(s), sponsor, promoter or
principal underwriter of any Unaffiliated Fund or any person
controlling, controlled by or under common control with any of those
entities.
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    5. With respect to closed-end underlying funds, applicants submit
that one significant difference from open-end underlying funds is that,
whereas open-end underlying funds may be unduly influenced by the
threat of large-scale redemptions, closed-end underlying funds cannot
be so influenced because they do not issue redeemable securities and,
therefore, are not subject to large-scale redemptions. On the other
hand, applicants state that closed-end underlying funds may be unduly
influenced by a holder's ability to vote a large block of stock. To
address this concern, applicants submit that, with respect to a Fund's
investment in an Unaffiliated Closed-End Investment Company, (i) each
member of the Group or Sub-Adviser Group that is an investment company
or an issuer that would be an investment company but for section
3(c)(1) or 3(c)(7) of the 1940 Act will vote its shares of the
Unaffiliated Closed-End Investment Company in the manner prescribed by
section 12(d)(1)(E) of the 1940 Act and (ii) each other member of the
Group or Sub-Adviser Group will vote its shares of the Unaffiliated
Closed-End Investment Company in the same proportion as the vote of all
other holders of the same type of such Unaffiliated Closed-End
Investment Company's shares (except that any member of the Group or
Sub-Adviser Group that is a Separate Account will instead be subject to
the separate but similar voting procedures described in condition 1
below). Applicants state that, in this way, an Unaffiliated Closed-End
Investment Company will be protected from undue influence by a Fund of
Funds through the voting of the Unaffiliated Closed-End Investment
Company's shares.
    6. Applicants propose other conditions to limit the potential for
undue influence over the Unaffiliated Funds, including that no Fund of
Funds or Fund of Funds Affiliate (except to the extent it is acting in
its capacity as an investment adviser to an Unaffiliated Investment
Company or sponsor to an Unaffiliated Trust) will cause an Unaffiliated
Fund to purchase a security in an offering of securities during the
existence of any underwriting or selling syndicate of which a principal
underwriter is an Underwriting Affiliate (``Affiliated
Underwriting'').\9\
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    \9\ An ``Underwriting Affiliate'' is a principal underwriter in
any underwriting or selling syndicate that is an officer, director,
trustee, advisory board member, investment adviser, sub-adviser or
employee of the Fund of Funds, or a person of which any such
officer, director, trustee, investment adviser, sub-adviser, member
of an advisory board or employee is an affiliated person. An
Underwriting Affiliate does not include any person whose
relationship to an Unaffiliated Fund is covered by section 10(f) of
the 1940 Act.
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    7. To further ensure that an Unaffiliated Investment Company
understands the implications of a Fund of Funds' investment under the
requested exemptive relief, prior to its investment in the shares of an
Unaffiliated Investment Company in excess of the limit of section
12(d)(1)(A)(i) of the 1940 Act, a Fund of Funds and the Unaffiliated
Investment Company will execute an agreement stating, without
limitation, that each of their boards of directors or trustees (each, a
``Board'') and their investment advisers understand the terms and
conditions of the order and agree to fulfill their responsibilities
under the order (the ``Participation Agreement''). Applicants note that
an Unaffiliated Investment Company (including an ETF or an Unaffiliated
Closed-End Investment Company) would also retain its right to reject
any initial investment by a Fund of Funds in excess of the limits in
section 12(d)(1)(A)(i) of the 1940 Act by declining to execute the
Participation Agreement with the Fund of Funds. In addition, an
Unaffiliated Investment Company (other than an ETF or closed-end fund
whose shares are purchased by a Fund of Funds in the secondary market)
will retain its right at all times to reject any investment by a Fund
of Funds. Finally, subject solely to the giving of notice to a Fund of
Funds and the passage of a reasonable notice period, an Unaffiliated
Fund (including a closed-end fund) could terminate a Participation
Agreement with the Fund of Funds.
    8. Applicants state that they do not believe that the proposed
arrangement will result in excessive layering of fees. The Board of
each Fund of Funds, including a majority of the trustees who are not
``interested persons'' within the meaning of section 2(a)(19) of the
1940 Act (the ``Independent Trustees''), will find that the management
or advisory fees charged under a Fund of Funds' advisory contract are
based on services provided that are in addition to, rather than
duplicative of, services provided under the advisory contract(s) of any
Underlying Fund in which the Fund of Funds may invest. In addition, the
Advisor will waive fees otherwise

payable to it by a Fund of Funds in an amount at least equal to any
compensation (including fees received pursuant to any plan adopted by
an Unaffiliated Investment Company under rule 12b-1 under the 1940 Act)
received from an Unaffiliated Fund by the Advisor, or an affiliated
person of the Advisor, other than any advisory fees paid to the Advisor
or an affiliated person of the Advisor by the Unaffiliated Investment
Company, in connection with the investment by the Fund of Funds in the
Unaffiliated Fund.
    9. Applicants further state that, with respect to Registered
Separate Accounts that invest in a Fund of Funds, no sales load will be
charged at the Fund of Funds level or at the Underlying Fund level.
Other sales charges and service fees, as defined in rule 2830 of the
Conduct Rules of the NASD (``NASD Conduct Rule 2830''),\10\ if any,
will only be charged at the Fund of Funds level or at the Underlying
Fund level, not both. With respect to other investments in a Fund of
Funds, any sales charges and/or service fees charged with respect to
shares of a Fund of Funds will not exceed the limits applicable to
funds of funds set forth in NASD Conduct Rule 2830.
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    \10\ Any references to NASD Conduct Rule 2830 include any
successor or replacement FINRA rule to NASD Conduct Rule 2830.
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    10. Applicants assert that each Fund of Funds will represent in the
Participation Agreement that no insurance company sponsoring a Separate
Account funding variable insurance contracts will be permitted to
invest in the Fund of Funds unless the insurance company has certified
to the Fund of Funds that the aggregate of all fees and charges
associated with each contract that invests in the Fund of Funds,
including fees and charges at the Separate Account, Fund of Funds, and
the Underlying Fund levels, are reasonable in relation to the services
rendered, the expenses expected to be incurred, and the risks assumed
by the insurance company.
    11. Applicants submit that the proposed arrangement will not create
an overly complex fund structure. Applicants note that no Underlying
Fund will acquire securities of any other investment company or company
relying on section 3(c)(1) or 3(c)(7) of the 1940 Act in excess of the
limits contained in section 12(d)(1)(A) of the 1940 Act, except in
certain circumstances identified in condition 12 below.

B. Section 17(a)

    1. Section 17(a) of the 1940 Act generally prohibits sales or
purchases of securities between a registered investment company and any
affiliated person of the company. Section 2(a)(3) of the 1940 Act
defines an ``affiliated person'' of another person to include (a) any
person directly or indirectly owning, controlling, or holding with
power to vote, 5% or more of the outstanding voting securities of the
other person; (b) any person 5% or more of whose outstanding voting
securities are directly or indirectly owned, controlled, or held with
power to vote by the other person; and (c) any person directly or
indirectly controlling, controlled by, or under common control with the
other person.
    2. Applicants state that the Funds of Funds and the Affiliated
Funds may be deemed to be under the common control of the Advisor and,
therefore, affiliated persons of one another. Applicants also state
that the Funds of Funds and the Underlying Open-End Funds may also be
deemed to be affiliated persons of one another if a Fund of Funds owns
5% or more of the outstanding voting securities of one or more of such
Underlying Open-End Funds. Applicants state that the sale of shares by
the Underlying Open-End Funds to the Funds of Funds and the purchase of
those shares from the Funds of Funds by the Underlying Open-End Funds
(through redemptions) could be deemed to violate section 17(a).\11\
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    \11\ Applicants acknowledge that receipt of any compensation by
(a) an affiliated person of a Fund of Funds, or an affiliated person
of such person, for the purchase by the Fund of Funds of shares of
an Underlying Fund or (b) an affiliated person of an Underlying
Fund, or an affiliated person of such person, for the sale by the
Underlying Fund of its shares to a Fund of Funds may be prohibited
by section 17(e)(1) of the 1940 Act. The Participation Agreement
also will include this acknowledgement.
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    3. Section 17(b) of the 1940 Act authorizes the Commission to grant
an order permitting a transaction otherwise prohibited by section 17(a)
if it finds that (i) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (ii) the proposed transaction is consistent with the
policies of each registered investment company concerned; and (iii) the
proposed transaction is consistent with the general purposes of the
1940 Act. Section 6(c) of the 1940 Act permits the Commission to exempt
any person or transactions from any provision of the 1940 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 1940 Act.
    4. Applicants submit that the proposed transactions satisfy the
standards for relief under sections 17(b) and 6(c) of the 1940 Act.
Applicants state that the terms of the transactions are reasonable and
fair and do not involve overreaching. Applicants state that the terms
upon which an Underlying Open-End Fund will sell its shares to or
purchase its shares from a Fund of Funds will be based on the net asset
value of each Underlying Open-End Fund.\12\ Applicants also state that
the proposed transactions will be consistent with the policies of each
Fund of Funds and Underlying Open-End Fund, and with the general
purposes of the 1940 Act.
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    \12\ Applicants note that a Fund of Funds generally would
purchase and sell shares of an Underlying Fund that operates as an
ETF through secondary market transactions rather than through
principal transactions with the Underlying Fund. Applicants
nevertheless request relief from sections 17(a)(1) and (2) to permit
each Fund of Funds that is an affiliated person, or an affiliated
person of an affiliated person, as defined in section 2(a)(3) of the
1940 Act, of an ETF to purchase or redeem shares from the ETF.
Applicants are not seeking relief from section 17(a) for, and the
requested relief will not apply to, transactions where an ETF could
be deemed an affiliated person, or an affiliated person of an
affiliated person, of a Fund of Funds because an investment adviser
to the ETF or an entity controlling, controlled by or under common
control with the investment adviser to the ETF is also an investment
adviser to the Fund of Funds. Applicants note that a Fund of Funds
will purchase and sell shares of an Underlying Fund that is a
closed-end fund through secondary market transactions at market
prices rather than through principal transactions with the closed-
end fund. Accordingly, applicants are not requesting section 17(a)
relief with respect to principal transactions with closed-end funds.
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C. Other Investments by Section 12(d)(1)(G) Funds of Funds

    1. Section 12(d)(1)(G) of the 1940 Act provides that section
12(d)(1) will not apply to securities of an acquired company purchased
by an acquiring company if: (i) the acquiring company and acquired
company are part of the same ``group of investment companies,'' as
defined in section 12(d)(1)(G)(ii) of the 1940 Act; (ii) the acquiring
company holds only securities of acquired companies that are part of
the same ``group of investment companies,'' as defined in section
12(d)(1)(G)(ii) of the 1940 Act, government securities, and short-term
paper; (iii) the aggregate sales loads and distribution-related fees of
the acquiring company and the acquired company are not excessive under
rules adopted pursuant to section 22(b) or section 22(c) of the 1940
Act by a securities association registered under section 15A of the
1934 Act or by the Commission; and (iv) the acquired

company has a policy that prohibits it from acquiring securities of
registered open-end management investment companies or registered UITs
in reliance on section 12(d)(1)(F) or (G) of the 1940 Act.
    2. Rule 12d1-2 under the 1940 Act permits a registered open-end
investment company or a registered UIT that relies on section
12(d)(1)(G) of the 1940 Act to acquire, in addition to securities
issued by another registered investment company in the same group of
investment companies, government securities, and short-term paper: (1)
Securities issued by an investment company that is not in the same
group of investment companies, when the acquisition is in reliance on
section 12(d)(1)(A) or 12(d)(1)(F) of the 1940 Act; (2) securities
(other than securities issued by an investment company); and (3)
securities issued by a money market fund, when the investment is in
reliance on rule 12d1-1 under the 1940 Act. For the purposes of rule
12d1-2, ``securities'' means any security as defined in section
2(a)(36) of the 1940 Act.
    3. Applicants state that the proposed arrangement would comply with
rule 12d1-2 under the 1940 Act, but for the fact that the Section
12(d)(1)(G) Funds of Funds may invest a portion of their assets in
Other Investments. Applicants request an order under section 6(c) of
the 1940 Act for an exemption from rule 12d1-2(a) to allow the Section
12(d)(1)(G) Funds of Funds to invest in Other Investments. Applicants
assert that permitting a Section 12(d)(1)(G) Fund of Funds to invest in
Other Investments as described in the application would not raise any
of the concerns that section 12(d)(1) of the 1940 Act was intended to
address.
    4. Consistent with its fiduciary obligations under the 1940 Act, a
Section 12(d)(1)(G) Fund of Funds' Board will review the advisory fees
charged by the Section 12(d)(1)(G) Fund of Funds' investment adviser(s)
to ensure that the fees are based on services provided that are in
addition to, rather than duplicative of, services provided pursuant to
the advisory agreement of any investment company in which the Section
12(d)(1)(G) Fund of Funds may invest.

Applicants' Conditions

A. Investments by Funds of Funds in Underlying Funds

    Applicants agree that the order granting the requested relief to
permit Funds of Funds to invest in Underlying Funds 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 1940 Act. The members of a Sub-Adviser Group will not
control (individually or in the aggregate) an Unaffiliated Fund within
the meaning of section 2(a)(9) of the 1940 Act. With respect to a
Fund's investment in an Unaffiliated Closed-End Investment Company, (i)
each member of the Group or Sub-Adviser Group that is an investment
company or an issuer that would be an investment company but for
section 3(c)(1) or 3(c)(7) of the 1940 Act will vote its shares of the
Unaffiliated Closed-End Investment Company in the manner prescribed by
section 12(d)(1)(E) of the 1940 Act and (ii) each other member of the
Group or Sub-Adviser Group will vote its shares of the Unaffiliated
Closed-End Investment Company in the same proportion as the vote of all
other holders of the same type of such Unaffiliated Closed-End
Investment Company's shares (except that any member of the Group or
Sub-Adviser Group that is a Separate Account will instead be subject to
the voting procedures described below). If, as a result of a decrease
in the outstanding voting securities of any other Unaffiliated Fund,
the Group or a Sub-Adviser Group, each in the aggregate, becomes a
holder of more than 25 percent of the outstanding voting securities of
such Unaffiliated Fund, then the Group or the Sub-Adviser Group (except
for any member of the Group or Sub-Adviser Group that is a Separate
Account) will vote its shares of the Unaffiliated Fund in the same
proportion as the vote of all other holders of the Unaffiliated Fund's
shares. This condition will not apply to a Sub-Adviser Group with
respect to an Unaffiliated Fund for which the Sub-Adviser or a person
controlling, controlled by or under common control with the Sub-Adviser
acts as the investment adviser within the meaning of section
2(a)(20)(A) of the 1940 Act (in the case of an Unaffiliated Investment
Company) or as the sponsor (in the case of an Unaffiliated Trust).
    A Registered Separate Account will seek voting instructions from
its contract holders and will vote its shares of an Unaffiliated Fund
in accordance with the instructions received and will vote those shares
for which no instructions were received in the same proportion as the
shares for which instructions were received. An Unregistered Separate
Account will either (a) vote its shares of the Unaffiliated Fund in the
same proportion as the vote of all other holders of the Unaffiliated
Fund's shares or (b) seek voting instructions from its contract holders
and vote its shares in accordance with the instructions received and
vote those shares for which no instructions were received in the same
proportion as the shares for which instructions were received.
    2. No Fund of Funds or Fund of Funds Affiliate will cause any
existing or potential investment by the Fund of Funds in an
Unaffiliated Fund to influence the terms of any services or
transactions between the Fund of Funds or a Fund of Funds Affiliate and
the Unaffiliated Fund or an Unaffiliated Fund Affiliate.
    3. The Board of each Fund of Funds, including a majority of the
Independent Trustees, will adopt procedures reasonably designed to
ensure that its Advisor and any Sub-Adviser to the Fund of Funds are
conducting the investment program of the Fund of Funds without taking
into account any consideration received by the Fund of Funds or Fund of
Funds Affiliate from an Unaffiliated Investment Company or Unaffiliated
Trust or any Unaffiliated Fund Affiliate of such Unaffiliated
Investment Company or Unaffiliated Trust in connection with any
services or transactions.
    4. Once an investment by a Fund of Funds in the securities of an
Unaffiliated Investment Company exceeds the limit of section
12(d)(1)(A)(i) of the 1940 Act, the Board of the Unaffiliated
Investment Company, including a majority of the Independent Trustees,
will determine that any consideration paid by the Unaffiliated
Investment Company to a Fund of Funds or a Fund of Funds Affiliate in
connection with any services or transactions: (a) Is fair and
reasonable in relation to the nature and quality of the services and
benefits received by the Unaffiliated Investment Company; (b) is within
the range of consideration that the Unaffiliated Investment Company
would be required to pay to another unaffiliated entity in connection
with the same services or transactions; and (c) does not involve
overreaching on the part of any person concerned. This condition does
not apply with respect to any services or transactions between an
Unaffiliated Investment Company and its investment adviser(s), or any
person controlling, controlled by, or under common control with such
investment adviser(s).
    5. No Fund of Funds or Fund of Funds Affiliate (except to the
extent it is acting in its capacity as an investment adviser to an
Unaffiliated Investment

Company or sponsor to an Unaffiliated Trust) will cause an Unaffiliated
Fund to purchase a security in any Affiliated Underwriting.
    6. The Board of an Unaffiliated Investment Company, including a
majority of the Independent Trustees, will adopt procedures reasonably
designed to monitor any purchases of securities by the Unaffiliated
Investment Company in an Affiliated Underwriting once an investment by
a Fund of Funds in the securities of the Unaffiliated Investment
Company exceeds the limit of section 12(d)(1)(A)(i) of the 1940 Act,
including any purchases made directly from an Underwriting Affiliate.
The Board of the Unaffiliated Investment Company will review these
purchases periodically, but no less frequently than annually, to
determine whether the purchases were influenced by the investment by
the Fund of Funds in the Unaffiliated Investment Company. The Board of
the Unaffiliated Investment Company will consider, among other things:
(a) whether the purchases were consistent with the investment
objectives and policies of the Unaffiliated Investment Company; (b) how
the performance of securities purchased in an Affiliated Underwriting
compares to the performance of comparable securities purchased during a
comparable period of time in underwritings other than Affiliated
Underwritings or to a benchmark such as a comparable market index; and
(c) whether the amount of securities purchased by the Unaffiliated
Investment Company in Affiliated Underwritings and the amount purchased
directly from an Underwriting Affiliate have changed significantly from
prior years. The Board of the Unaffiliated Investment Company will take
any appropriate actions based on its review, including, if appropriate,
the institution of procedures designed to ensure that purchases of
securities in Affiliated Underwritings are in the best interests of
shareholders.
    7. Each Unaffiliated Investment Company will maintain and preserve
permanently, in an easily accessible place, a written copy of the
procedures described in the preceding condition, and any modifications
to such procedures, and will maintain and preserve for a period of not
less than six years from the end of the fiscal year in which any
purchase in an Affiliated Underwriting occurred, the first two years in
an easily accessible place, a written record of each purchase of
securities in an Affiliated Underwriting once an investment by a Fund
of Funds in the securities of an Unaffiliated Investment Company
exceeds the limit of section 12(d)(1)(A)(i) of the 1940 Act, setting
forth (1) the party from whom the securities were acquired, (2) the
identity of the underwriting syndicate's members, (3) the terms of the
purchase, and (4) the information or materials upon which the
determinations of the Board of the Unaffiliated Investment Company were
made.
    8. Prior to its investment in shares of an Unaffiliated Investment
Company in excess of the limit set forth in section 12(d)(1)(A)(i) of
the 1940 Act, the Fund of Funds and the Unaffiliated Investment Company
will execute a Participation Agreement stating, without limitation,
that their Boards and their investment advisers 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 Investment Company in excess of the limit set forth in
section 12(d)(1)(A)(i), a Fund of Funds will notify the Unaffiliated
Investment Company of the investment. At such time, the Fund of Funds
will also transmit to the Unaffiliated Investment Company a list of the
names of each Fund of Funds Affiliate and Underwriting Affiliate. The
Fund of Funds will notify the Unaffiliated Investment Company of any
changes to the list as soon as reasonably practicable after a change
occurs. The Unaffiliated Investment Company and the Fund of Funds will
maintain and preserve a copy of the order, the Participation Agreement,
and the list with any updated information for the duration of the
investment and for a period of not less than six years thereafter, the
first two years in an easily accessible place.
    9. Before approving any advisory contract under section 15 of the
1940 Act, the Board of each Fund of Funds, including a majority of the
Independent Trustees, shall find that the advisory fees charged under
the advisory contract are based on services provided that are in
addition to, rather than duplicative of, services provided under the
advisory contract(s) of any Underlying Fund in which the Fund of Funds
may invest. Such finding, and the basis upon which the finding was
made, will be recorded fully in the minute books of the appropriate
Fund of Funds.
    10. The Advisor will waive fees otherwise payable to it by a Fund
of Funds in an amount at least equal to any compensation (including
fees received pursuant to any plan adopted by an Unaffiliated
Investment Company pursuant to rule 12b-1 under the 1940 Act) received
from an Unaffiliated Fund by the Advisor, or an affiliated person of
the Advisor, other than any advisory fees paid to the Advisor or its
affiliated person by the Unaffiliated Investment Company, in connection
with the investment by the Fund of Funds in the Unaffiliated Fund. Any
Sub-Adviser will waive fees otherwise payable to the Sub-Adviser,
directly or indirectly, by the Fund of Funds in an amount at least
equal to any compensation received by the Sub-Adviser, or an affiliated
person of the Sub-Adviser, from an Unaffiliated Fund, other than any
advisory fees paid to the Sub-Adviser or its affiliated person by the
Unaffiliated Investment Company, in connection with the investment by
the Fund of Funds in the Unaffiliated Fund made at the direction of the
Sub-Adviser. In the event that the Sub-Adviser waives fees, the benefit
of the waiver will be passed through to the Fund of Funds.
    11. With respect to Registered Separate Accounts that invest in a
Fund of Funds, no sales load will be charged at the Fund of Funds level
or at the Underlying Fund level. Other sales charges and service fees,
as defined in NASD Conduct Rule 2830, if any, will only be charged at
the Fund of Funds level or at the Underlying Fund level, not both. With
respect to other investments in a Fund of Funds, any sales charges and/
or service fees charged with respect to shares of a Fund of Funds will
not exceed the limits applicable to funds of funds set forth in NASD
Conduct Rule 2830.
    12. No Underlying Fund will acquire securities of any other
investment company or company relying on section 3(c)(1) or 3(c)(7) of
the 1940 Act, in excess of the limits contained in section 12(d)(1)(A)
of the 1940 Act, except to the extent that such Underlying Fund: (a)
Acquires such securities in compliance with section 12(d)(1)(E) of the
1940 Act and either is an Affiliated Fund or is in the same ``group of
investment companies'' as its corresponding master fund; (b) receives
securities of another investment company as a dividend or as a result
of a plan of reorganization of a company (other than a plan devised for
the purpose of evading section 12(d)(1) of the 1940 Act); or (c)
acquires (or is deemed to have acquired) securities of another
investment company pursuant to exemptive relief from the Commission
permitting such Underlying Fund to: (i) Acquire securities of one or
more investment companies for short-term cash management purposes or
(ii) engage in inter-fund borrowing and lending transactions.

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

    Applicants agree that the order granting the requested relief to
permit Section 12(d)(1)(G) Funds of Funds to invest in Other
Investments shall be subject to the following condition:
    1. Applicants will comply with all provisions of rule 12d1-2 under
the 1940 Act, except for paragraph (a)(2) to the extent that it
restricts any Section 12(d)(1)(G) Fund of Funds from investing in Other
Investments as described in the application.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00516 Filed 1-11-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Notices]
[Pages 15144-15145]
[FR Doc No: 2016-06212]

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

Federal Railroad Administration

[Docket Number FRA-2000-7137]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated February 24, 2016, petitioner San Diego Trolley Incorporated
(SDTI) has petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at 49 CFR. FRA assigned the petition
Docket Number FRA-2000-7137.
    SDTI seeks a 5-year extension of its existing waiver of compliance
with some modifications. The waiver covers several sections of Title 49
CFR and applies to certain portions of SDTI's light rail transit
operations that employ temporal separation in order to safely share
track with the general railroad system's San Diego and Imperial Valley
Railroad. Contiguous to the shared trackage are portions with limited
connections to the general railroad system, which include a small
shared corridor with BNSF Railway and Coaster commuter train service
(Coaster also shares a storage yard with SDTI). SDTI received its
initial waiver and permission from the FRA on January 19, 2001; the
waiver was extended for 5 years on September 11, 2006, to include minor
operational changes and the waiver was recently extended for 5 years on
June 22, 2011, (this most recent extension updated CFR section changes
made since 2006). In 2012, SDTI received a separate waiver from FRA to
operate its SD100 and S70 rolling stock at speeds that generate cant
deficiency not exceeding 6 inches on its Orange Line joint use
trackage. See Docket Number FRA-2012-0088. To simplify matters, SDTI
now requests that the relief in both Dockets be combined and baselined
in Docket FRA-2000-7137.
    Based on the foregoing, SDTI seeks relief from the following parts
and sections in 49 CFR: 213.57--Curves, elevation and speed
limitations; Part 217--Railroad Operating Rules (except for 217.9(d));
218.27(a)--Railroad Operating Practices (as granted in part and denied
in part in FRA's January 19, 2001, decision letter); Part 219--Control
of Drug and Alcohol Use; Part 220--Railroad Communications (as granted
in part in FRA's January 19, 2001, decision letter); Part 221--Rear End
Marking Device; 223.9(c) and 223.17--Identification of equipped
locomotives;

passenger cars and cabooses; 223.15(c)--Emergency Window Requirements
and Emergency Exit Markings; Part 225--Railroad Accident/Incidents:
Reports Classification, and Investigations (for employee injuries
only); 229.46-229.59, 229.61, 229.65, 229.71, 229.71, 229.77, 229.125,
and 229.135--Event recorders; 231.14--Passenger-train cars without end
platforms; the following sections of Part 238--Passenger Equipment
Safety Standards: 238.113, 238.114, 238.115(b)(4), 238.203, 238.205,
238.207, 238.209, 238.211, 238.213, 238.215, 238.217, 238.219, 238.231,
238.233, 238.235, 238.237, and part 238, Subpart D in its entirety,
sections 238.301 through 238.319; Part 239--Passenger Train Emergency
Preparedness; and Part 240--Qualification and Certification of
Locomotive Engineers.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2000-7137) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by May 5, 2016 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. 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.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-06212 Filed 3-18-16; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Page 41269]
[FR Doc No: 2014-16557]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-2325-000]

Mosic Fertilizer, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Mosic Fertilizer, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is July 29, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 9, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-16557 Filed 7-14-14; 8:45 am]
BILLING CODE 6717-01-P


P-17-0360 Sanitized Support Documents Index:
 P-17-0360 Sanitized Determination Document (linked)
 P-17-0360 Sanitized CHEM Report (attached)
 P-17-0360 Sanitized ECO Report (attached)
 P-17-0360 Sanitized ENG Report (attached)
 P-17-0360 Sanitized EXP Report (attached)
 P-17-0360 Sanitized Fate Report (attached)
 P-17-0360 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20698-20699]
[FR Doc No: 2013-07944]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.
Extension:
    Rule 248.30, OMB Control No. 3235-0610, SEC File No. 270-549.

    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 (the ``Commission'') has submitted to the Office of
Management and Budget a request for extension of the previously
approved collection of information discussed below.
    Rule 248.30 (17 CFR 248.30) under Regulation S-P, is titled
``Procedures to Safeguard Customer Records and Information; Disposal of
Consumer Report Information.'' Rule 248.30 (the ``safeguard rule'')
requires brokers, dealers, investment companies, and investment
advisers registered with the Commission (``registered investment
advisers'') (collectively ``covered institutions'') to adopt written
policies and procedures for administrative, technical, and physical
safeguards to protect customer records and information. The safeguards
must be reasonably designed to ``insure the security and
confidentiality of customer records and information,'' ``protect
against any anticipated threats or hazards to the security and
integrity'' of those records, and protect against unauthorized access
to or use of those records or information, which ``could result in
substantial harm or inconvenience to any customer.'' The safeguard
rule's requirement that covered institutions' policies and procedures
be documented in writing constitutes a collection of information and
must be maintained on an ongoing basis. This requirement eliminates
uncertainty as to required employee actions to protect customer records
and information and promotes more systematic and organized reviews of
safeguard policies and procedures by institutions. The information
collection also assists the Commission's examination staff in assessing
the existence and adequacy of covered institutions' safeguard policies
and procedures.
    We estimate that as of the end of 2011, there are 4695 broker-
dealers, 4203 investment companies, and 11,658 investment advisers
currently registered with the Commission, for a total of 20,556 covered
institutions. We believe that all of these covered institutions have
already documented their safeguard policies and procedures in writing
and therefore will incur no hourly burdens related to the initial
documentation of policies and procedures.
    Although existing covered institutions would not incur any initial
hourly burden in complying with the safeguards rule, we expect that
newly registered institutions would incur some

hourly burdens associated with documenting their safeguard policies and
procedures. We estimate that approximately 1500 broker-dealers,
investment companies, or investment advisers register with the
Commission annually. However, we also expect that approximately 70% of
these newly registered covered institutions (1050) are affiliated with
an existing covered institution, and will rely on an organization-wide
set of previously documented safeguard policies and procedures created
by their affiliates. We estimate that these affiliated newly registered
covered institutions will incur a significantly reduced hourly burden
in complying with the safeguards rule, as they will need only to review
their affiliate's existing policies and procedures, and identify and
adopt the relevant policies for their business. Therefore, we expect
that newly registered covered institutions with existing affiliates
will incur an hourly burden of approximately 15 hours in identifying
and adopting safeguard policies and procedures for their business, for
a total hourly burden for all affiliated new institutions of 15,750
hours.
    Finally, we expect that the 450 newly registered entities that are
not affiliated with an existing institution will incur a significantly
higher hourly burden in reviewing and documenting their safeguard
policies and procedures. We expect that virtually all of the newly
registered covered entities that do not have an affiliate are likely to
be small entities and are likely to have smaller and less complex
operations, with a correspondingly smaller set of safeguard policies
and procedures to document, compared to other larger existing
institutions with multiple affiliates. We estimate that it will take a
typical newly registered unaffiliated institution approximately 60
hours to review, identify, and document their safeguard policies and
procedures, for a total of 27,000 hours for all newly registered
unaffiliated entities.
    Therefore, we estimate that the total annual hourly burden
associated with the safeguards rule is 42,750 hours. We also estimate
that all covered institutions will be respondents each year, for a
total of 20,556 respondents.
    These estimates of average burden hours are made solely for the
purposes of the Paperwork Reduction Act. An agency may not conduct or
sponsor, and a person is not required to respond to a collection of
information unless it displays a currently valid control number. The
safeguard rule does not require the reporting of any information or the
filing of any documents with the Commission. The collection of
information required by the safeguard rule is mandatory.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Chief Information Officer,
Securities and Exchange Commission, c/o Remi Pavlik-Simon, 6432 General
Green Way, Alexandria, VA 22312 or send an email to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    Dated: April 1, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-07944 Filed 4-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Notices]
[Page 6861]
[FR Doc No: 2019-03454]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0101]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    Under part 235 of Title 49 of the Code of Federal Regulations (CFR)
and 49 U.S.C. 20502(a), this document provides the public notice that
on November 16, 2018, the National Railroad Passenger Corporation
(Amtrak) petitioned the Federal Railroad Administration (FRA) seeking
approval to discontinue or modify a signal system. FRA assigned the
petition Docket Number FRA-2018-0101.
    Applicant: National Railroad Passenger Corporation, Mr. Nicholas J.
Croce III, PE, Deputy Chief Engineer C&S, 2995 Market Street,
Philadelphia, PA 19104.
    Amtrak seeks approval to remove all automatic wayside signals on
Tracks No. 1, No. 2, and No. 4, at automatic block points between
interlockings Paoli, milepost (MP) 19.9 and Park MP 45.5 on Amtrak's
Northeast Corridor, Mid-Atlantic Division, Harrisburg Line,
Philadelphia to Harrisburg, PA. Automatic Block Signals (ABS) 218, 219,
254, 273, 274, 295, 296, 390, 391, 413, 414, 443, and 494, will be
removed with the signal locations remaining in service as block points
without wayside signals. These signals will be removed due to Amtrak
upgrading the ABS Sections from NORAC Rule 251/261 territory, cab
signals and fixed automatic block signals, to NORAC Rule 562 territory,
cab signals, without fixed automatic block signals. In addition to the
NORAC Rule 562 upgrades, Amtrak will install Clear Block Signals (C) to
existing interlocking signals at Paoli (MP 19.9), Frazier (MP 23.9),
Glen (MP 25.3), Downs (MP 32.1), Thorn (MP 35.0), Caln (MP 36.6), and
Park (MP 45.5) interlockings through its capital improvement program.
Until C signals are installed, movement through the block will be
governed by NORAC Rules 550, 554 and 556. Amtrak's overall goal is to
eliminate the maintenance and safety concerns associated with the ABS.
    The existing automatic train control and Advanced Civil Speed
Enforcement System (ACSES) will continue to enforce train speed and
positive train stop. ACSES will enforce a positive stop at each
interlocking and will also enforce a stop to a train with failed cab
signal equipment unless the C signal is displayed allowing the failed
train to enter the block.
    The reason for removal of the signals in addition to upgrading the
ABS Sections is to eliminate maintenance and operation of unnecessary
hardware no longer needed, and to reduce delays to trains caused by
failures of the signals.
    The Southeastern Pennsylvania Transportation Authority and the
Norfolk Southern Railway operate on portions of this line as tenants
with trackage rights.
    The project will begin immediately upon receiving permission for
removal and will be completed within five years of receiving the
authority to proceed. The project will begin with the section of track
from Park to Thorn Interlocking and will progress eastward until
completion.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 15, 2019 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. 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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-03454 Filed 2-27-19; 8:45 am]
 BILLING CODE 4910-06-P