[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Notices]
[Pages 35245-35249]
[FR Doc No: 2011-14859]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-29691; File No. 812-13865]

Country Investors Life Assurance Company, et al.

June 9, 2011.
AGENCY: Securities and Exchange Commission (the ``Commission'').

ACTION: Notice of application for an order pursuant to Section 26(c) of
the Investment Company Act of 1940, as amended (the ``1940 Act'' or
``Act''), approving certain substitutions of securities.

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Applicants: COUNTRY Investors Life Assurance Company (the ``Company''),
COUNTRY Investors Variable Life Account (the ``Life Account'') and
COUNTRY Investors Variable Annuity Account (the ``Annuity Account'')
(together, the ``Applicants'').
SUMMARY: Applicants seek an order pursuant to Section 26(c) of the 1940
Act approving the substitution of: (1) Shares of the Fidelity VIP Index
500

Portfolio (``Replacement Portfolio A'') of the Fidelity Variable
Insurance Products Funds II (the ``Fidelity Fund II'') for shares of
the COUNTRY VP Growth Fund (``Replaced Portfolio A'') of the COUNTRY
Mutual Funds Trust (the ``COUNTRY Fund''); and (2) shares of the
Fidelity VIP Investment Grade Bond Portfolio (``Replacement Portfolio
B'') of the Fidelity Variable Insurance Products Fund V (the ``Fidelity
Fund V'') for shares of the COUNTRY VP Bond Fund (``Replaced Portfolio
B'') of the COUNTRY Fund. Shares of Replacement Portfolio A,
Replacement Portfolio B, Replaced Portfolio A, and Replaced Portfolio B
currently are held by the Life Account and the Annuity Account (each an
``Account,'' together, the ``Accounts'') to support variable life
insurance or variable annuity contracts, respectively, issued by the
Company (each a ``Contract,'' collectively, the ``Contracts'').

DATES:  Filing Date: The Application was filed on February 1, 2011 and
amended and restated on May 13, 2011.
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 Secretary of the
Commission and serving Applicants with a copy of the request,
personally or by mail. Hearing requests must be received by the
Commission by 5:30 p.m. on July 5, 2011, 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 requester'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 Secretary of the Commission.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090. Applicants, c/o Virginia L. Eves,
Assistant General Counsel, Country Investors Life Assurance Company,
1701 N. Towanda Avenue, Bloomington, IL 61702-2901. Copies to Thomas E.
Bisset, Esq., Sutherland Asbill & Brennan LLP, 1275 Pennsylvania
Avenue, NW., Washington, DC 20004-2415.

FOR FURTHER INFORMATION CONTACT: Alison T. White, Senior Counsel, or
Joyce M. Pickholz, Branch Chief, Office of Insurance Products, Division
of Investment Management, at<PHONE_NUMBER>.

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

Applicants' Representations

    1. The Company is a stock life insurance company organized under
Illinois law in 1981. The Company is principally engaged in the
offering of life insurance policies and annuity contracts, and is
admitted to do business in 43 states. For purposes of the Act, the
Company is the depositor and sponsor of each of the Accounts, as those
terms have been interpreted by the Commission with respect to variable
life insurance and variable annuity separate accounts.
    2. Under the insurance law of Illinois, the assets of each Account
attributable to the Contracts issued through that Account are owned by
the Company, but are held separately from the other assets of the
Company for the benefit of the owners of, and the persons entitled to
payment under, those Contracts. Each Account is a ``separate account''
as defined by Rule 0-1(e) under the Act. Each Account is registered
with the Commission as a unit investment trust (File No. 811-21394 (the
Life Account); File No. 811-21330 (the Annuity Account)). Each Account
is comprised of a number of subaccounts and each subaccount invests
exclusively in one of the insurance dedicated mutual fund portfolios
made available as investment options underlying the Contracts.
    3. The Life Account is currently divided into 57 subaccounts. The
assets of the Life Account support variable life insurance contracts,
and interests in the Account offered through such contracts have been
registered under the Securities Act of 1933, as amended (the ``1933
Act'') on Form N-6 (File No. 333-106757).
    4. The Annuity Account is currently divided into 57 subaccounts.
The assets of the Annuity Account support variable annuity contracts,
and interests in the Account offered through such contracts have been
registered under the 1933 Act on Form N-4 (File No. 333-104424).
    5. The Contracts are flexible premium variable life insurance and
variable annuity contracts. The variable life insurance Contracts
provide for the accumulation of values on a variable basis, a fixed
basis, or a combination of both, throughout the insured's life, and for
a death benefit upon the death of the insured. The variable annuity
Contracts provide for the accumulation of values on a variable basis, a
fixed basis, or a combination of both, during the accumulation period,
and provide settlement or annuity payment options on a variable basis,
a fixed basis, or a combination of both, during the income period.
Under each of the Contracts, the Company reserves the right to
substitute shares of one underlying fund for shares of another, or of
another investment portfolio, including a portfolio of a different
management investment company. The prospectuses for the Contracts and
the Accounts contain the appropriate disclosure of this right.
    6. For as long as a variable life insurance Contract remains in
force or a variable annuity Contract remains in force and has not yet
been annuitized, a Contract owner may transfer all or any part of the
Contract value from one subaccount to any other subaccount without
limit, although certain restrictions apply to transfers to and from the
fixed account interest investment option under the Contract funded by
the Company's general account (the ``Declared Interest Option''). The
Company reserves the right to revoke or modify the transfer privilege
to discourage excessive trading by Contract owners or to prevent
transfers that may have a detrimental effect upon Contract owners,
subaccount unit values, the insurance dedicated mutual fund portfolios
underlying the subaccounts or the Declared Interest Option. The
Contracts reserve to the Company the right to assess a charge of $25
for transfers in excess of twelve per Contract year.
    7. The Company began offering the variable life insurance Contracts
in January, 2004 (the ``Original VLI Contracts'') and discontinued
offering the Original VLI Contracts on or about December 1, 2008 once
the Company received state approval to offer an enhanced version of the
Original VLI Contracts (the ``New VLI Contracts''). Likewise, the
Company began offering the variable annuity Contracts in January, 2004
(the ``Original VA Contracts'') and discontinued offering the Original
VA Contracts on or about December 1, 2008 once the Company received
state approval to offer an enhanced version of the Original VA
Contracts (the ``New VA Contracts''). The Company discontinued offering
the New VLI Contracts and New VA Contracts on or about November 30,
2010.
    8. Currently, there are 34 underlying mutual fund investment
options available under the Original VLI Contracts and the Original VA
Contracts. Following the substitution transactions there will be 32
underlying mutual fund investment options

available under the Original VLI Contracts and the Original VA
Contracts.
    9. Under the New VLI Contracts and the New VA Contracts, there are
36 underlying mutual fund investment options available under the
Contracts. Following the substitution transactions there will be 34
underlying mutual fund investment options available under the New VLI
Contracts and the New VA Contracts.
    10. The COUNTRY Fund is organized as a Delaware business trust and
registered as an open-end management investment company under the Act
(File No. 811-10475). The COUNTRY Fund currently offers 4 separate
investment portfolios, two of which would be involved in the proposed
substitutions, the Replaced Portfolios. The COUNTRY Fund issues a
separate series of shares of beneficial interest in connection with
each Replaced Portfolio and has registered such shares under the 1933
Act on Form N-1A (File No. 333-68270). COUNTRY Fund Management
(``COUNTRY Advisor''), a separately identifiable department of COUNTRY
Trust Bank, serves as the investment adviser to each Replaced
Portfolio.
    11. The Fidelity Fund II is registered as an open-end management
investment company under the Act (File No. 811-05511) and currently
offers three (3) investment portfolios, each with multiple share
classes. The Fidelity Fund II issues a series of shares of beneficial
interest in connection with each portfolio and has registered such
shares under the 1933 Act on Form N-1A (File No. 033-20773). Each
portfolio of the Fidelity Fund II has entered into a management
agreement with Fidelity Management & Research Company (``FMR'') under
which FMR acts as investment adviser for the portfolio. Under the
management agreement and pursuant to an exemptive order issued by the
Commission, FMR also acts as a manager of managers for Replacement
Portfolio A, meaning that FMR has the responsibility to oversee sub-
advisers for Replacement Portfolio A and recommend the hiring,
termination and replacement of such sub-advisers. Subject to the
approval of the Fidelity Fund II board of trustees but without a
shareholder approval, FMR may replace or hire unaffiliated sub-advisers
or amend the terms of their existing sub-advisory agreements.
    12. The Fidelity Fund V is registered as an open-end management
investment company under the Act (File No. 811-05361) and currently
offers thirty-one (31) investment portfolios, each with multiple share
classes. The Fidelity Fund V issues a series of shares of beneficial
interest in connection with each portfolio and has registered such
shares under the 1933 Act on Form N-1A (File No. 033-17704).
    13. The investment objectives of each Replaced Portfolio and
Replacement Portfolio are as follows:
    a. Replaced Portfolio A and Replacement Portfolio A: The COUNTRY VP
Growth Fund seeks growth of capital and dividend income, if any, will
be incidental to this objective. The Fidelity VIP Index 500 Portfolio
seeks investment results that correspond to the total return of common
stocks publicly traded in the United States, as represented by the S&P
500 Index.
    b. Replaced Portfolio B and Replacement Portfolio B: The COUNTRY VP
Bond Fund seeks maximum total return consistent with preservation of
capital. The Fidelity VIP Investment Grade Bond Portfolio seeks as high
a level of current income as is consistent with the preservation of
capital.
    14. The advisory fees, other expenses and total operating expenses
(before and after any contractual waivers and reimbursements) for the
year ended December 31, 2010, expressed as an annual percentage of
average daily net assets, of the Replaced Portfolios and the
Replacement Portfolios are as follows:

----------------------------------------------------------------------------------------------------------------
                                       Replaced Portfolio A  COUNTRY VP    Replacement Portfolio A  Fidelity VIP
                                            Growth Fund  (percent)            Index 500  Portfolio  (percent)
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Advisory Fees.......................  .75                                 .10
Distribution and/or 12b-1 Fees......  N/A                                 .25
Other Expenses......................  .65                                 0.00
                                     ---------------------------------------------------------------------------
    Total Operating Expenses........  1.40                                .35
Less Contractual Fee Waivers and      (.50)                               0.00
 Expense Reimbursements.
                                     ---------------------------------------------------------------------------
        Net Operating Expenses......  .90                                 .35
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                                             Replaced Portfolio B                 Replacement Portfolio B
                                      COUNTRY Bond Fund                   Fidelity VIP Investment
                                      (percent)                           Grade Bond Portfolio
                                                                          (percent)
----------------------------------------------------------------------------------------------------------------
Advisory Fees.......................  .50                                 .32
Other Expenses......................  .67                                 .11
                                     ---------------------------------------------------------------------------
    Total Operating Expenses........  1.17                                .43
Less Contractual Fee Waivers and      (.46)                               (.01)
 Expense Reimbursements.
                                     ---------------------------------------------------------------------------
        Net Operating Expenses......  .71                                 .42
----------------------------------------------------------------------------------------------------------------

    15. The investment performance of each Replacement Portfolio
compares favorably to the investment performance of the corresponding
Replaced Portfolio. For the last fiscal year, the investment
performance of Replacement Portfolio B significantly exceeded the
investment performance of Replaced Portfolio B while the investment
performance of Replacement Portfolio A slightly trailed the investment
performance of Replaced Portfolio A. For the last five fiscal year
period and ten fiscal year/since inception period, the investment
performance of Replacement Portfolio A trailed the investment
performance of Replaced Portfolio A, however, much of that
underperformance can be traced directly to the extraordinary market
conditions that existed in fiscal year 2008. In that regard,
Replacement

Portfolio A significantly outperformed Replaced Portfolio A in fiscal
year 2009. For the last five fiscal year period and for the ten fiscal
year/since inception period, the investment performance of Replacement
Portfolio B exceeded the investment performance of Replaced Portfolio
B. In addition, each Replacement Portfolio has a longer history of
investment performance than that of the corresponding Replaced
Portfolio.
    16. For those Contracts that are in force on the date of the
proposed substitutions, the Company will take the following action
during the twenty-four months following the date of the proposed
substitutions. On the last day of each fiscal period (not to exceed a
fiscal quarter), the Company will reimburse Contract owners to the
extent that the sum of the operating expenses of the Replacement
Portfolio (taking into account any fee waivers and expense
reimbursements) and subaccount expenses for such period exceed, on an
annualized basis, the sum of the operating expenses of the
corresponding Replaced Portfolio (taking into account any fee waivers
and expense reimbursements) and subaccount expenses for the fiscal year
preceding the date of the proposed substitution. In addition, for
twenty-four months following the proposed substitutions, the Company
will not increase asset-based fees or charges for Contracts outstanding
on the date of the proposed substitutions.
    17. The Board of Trustees of the COUNTRY Fund voted to close the
Replaced Portfolios to new investment as of April 29, 2011, and to
liquidate the Replaced Portfolios on or before June 30, 2012, the
Liquidation Date. In turn, the COUNTRY VP Growth Fund Subaccount and
the COUNTRY VP Bond Fund Subaccount (together the ``Discontinued
Subaccounts'') that invest in Replaced Portfolio A and Replaced
Portfolio B, respectively, also are no longer available for new
investments (allocation of premium payments and transfers) as of April
29, 2011 (the ``Closing Date'') and will be discontinued altogether
under the Contracts on a date no later than the Liquidation Date.
    18. If the Commission grants this request for substitution relief,
Contract owners' investment in the COUNTRY VP Growth Fund Subaccount
and the COUNTRY VP Bond Fund Subaccount will automatically be
transferred to the applicable Fidelity VIP Index 500 Portfolio
Subaccount and the Fidelity VIP Investment Grade Bond Portfolio
Subaccount (the ``Replacement Subaccounts''), respectively, as of a
date determined by the Company following receipt of a Commission order
granting substitution relief (the ``Substitution''). Contract owners
will receive advance notice of the date of the Substitution (the
``Substitution Date'').
    19. By supplements to the prospectuses for the registration
statements of the Accounts filed with the Commission on February 2,
2011 (collectively, the ``2011 Supplements''), the Company notified
owners of the Contracts of its intention to take the necessary actions,
including seeking the order requested by this amended and restated
application, to carry out the proposed substitutions as described
herein.
    20. The 2011 Supplements advised Contract owners that accumulated
Contract value may continue to remain in the Discontinued Subaccounts
after the Closing Date until the Substitution Date. After the Closing
Date, however, Contract owners will not be able to allocate premium
payments or transfer accumulated Contract value to the Discontinued
Subaccounts from the Declared Interest Option or from the other
subaccounts available under the Contract. Prospectuses for the
Contracts dated May 1, 2011 also provided Contract owners the same
information included in the 2011 Supplements as well as more detailed
information regarding each Replaced Portfolio and each Replacement
Portfolio.
    21. In addition, the Company has forwarded to each Contract owner
invested in a Replaced Portfolio the most recent prospectus for the
Replaced Portfolio and the corresponding Replacement Portfolio.
    22. From the date of the 2011 Supplements, Contract owners may
transfer accumulated Contract value from the Discontinued Subaccounts
to the Declared Interest Option and the other subaccounts available
under the Contract free of charge and without such transfers counting
against the number of free transfers allowed each Contract year. For 30
days following the Substitution Date, Contract owners whose accumulated
Contract value was transferred to the Replacement Subaccounts as a
result of the Substitution may transfer accumulated Contract value from
the Replacement Subaccounts to the Declared Interest Option and the
other subaccounts available under the Contract free of charge and
without such transfers counting against the number of free transfers.
Although the Company has no present intention to increase the charge
for transfers under the Contracts, the Company will agree not to
exercise any rights reserved by it under the Contracts to impose
additional charges for transfers until at least 30 days after the
Substitution Date.
    23. Within five days after the Substitution Date, Contract owners
who are affected by the substitutions will be sent a written notice
informing them that the substitutions were carried out. The notice also
will reiterate the facts that: (1) For at least 30 days after the
Substitution Date, the Company will not exercise any rights reserved by
it under the Contract to impose additional charges for transfers; and
(2) for 30 days following the Substitution Date, Contract owners may
transfer accumulated Contract value that was transferred into the
Replacement Subaccounts as a result of the substitution out of the
Replacement Subaccounts and into the Declared Interest Option and the
other subaccounts available under the Contracts free of charge and
without such transfers counting against the number of free transfers
allowed each Contract year.
    24. The Company will carry out the proposed substitutions by
redeeming shares of each Replaced Portfolio held by the Accounts for
cash and applying the proceeds to the purchase of shares of the
corresponding Replacement Portfolio. Redemption requests and purchase
orders will be placed simultaneously so that Contract values will
remain fully invested at all times. All redemptions of shares of the
Replaced Portfolios and purchases of shares of the Replacement
Portfolios will be effected in accordance with Rule 22c-1 of the Act.
    25. The proposed substitutions will take place at relative net
asset value and will not result in a change in the amount of any
Contract owner's accumulated Contract value or death benefit, or in the
dollar value of his or her investment in any of the Accounts. Contract
owners will not incur any fees or charges as a result of the proposed
substitutions, nor will their rights or the Company's obligations under
the Contracts be altered in any way. All applicable expenses incurred
in connection with the proposed substitutions, including brokerage
commissions and legal, accounting, and other fees and expenses, will be
paid by the Company. In addition, the proposed substitutions will not
result in adverse tax consequences for, and will not alter, the tax
benefits to Contract owners. The proposed substitutions will not cause
the Contract fees and charges currently being paid by existing Contract
owners to be greater after the proposed substitutions than before the
proposed substitutions.

    26. Applicants believe that Contract owners will be better off with
the Replacement Portfolios than with the Replaced Portfolios, and that
the proposed substitutions also are unlike the type of substitution
that Section 26(c) was designed to prevent.

Conclusion

    For the reasons and upon the facts set forth above, Applicants
submit that the requested order meets the standards set forth in
Section 26(c). Applicants request an order of the Commission, pursuant
to Section 26(c) of the Act, approving the Substitutions.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-14859 Filed 6-15-11; 8:45 am]
BILLING CODE 8011-01-P


benefit investors by helping them better understand and compare
specific funds, potentially resulting in more informed investment
decisions, more efficient allocation of investor capital, and greater
competition for investor capital among funds.\734\ We also believe the
amendment to Form N-CEN will allow the Commission to better monitor
reliance on rule 6c-11 and assist us with our accounting, auditing, and
oversight functions, including compliance with the Paperwork Reduction
Act.\735\
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    \734\ See supra section IV.C.2.
    \735\ See id.
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E. Agency Action To Minimize Effect on Small Entities

    The RFA directs the Commission to consider significant alternatives
that would accomplish our stated objectives, while minimizing any
significant economic impact on small entities. We considered the
following alternatives for small entities in relation to the adopted
regulations:
     Exempting ETFs that are small entities from the
disclosure, reporting or recordkeeping requirements, to account for
resources available to small entities;
     establishing different disclosure, reporting or
recordkeeping requirements or different frequency of these
requirements, to account for resources available to small entities;
     clarifying, consolidating, or simplifying the compliance
requirements under the amendments for small entities; and
     using performance rather than design standards.
    We do not believe that exempting any subset of ETFs, including
small entities, from rule 6c-11 or the related form amendments will
permit us to achieve our stated objectives. Nor do we believe
establishing different disclosure, reporting or recordkeeping
requirements or different frequency of these requirements for small
entities would permit us to achieve our stated objectives. Similarly,
we do not believe that we can establish simplified or consolidated
compliance requirements for small entities under the rule without
compromising our objectives. As discussed above, the conditions
necessary to rely on rule 6c-11 and the reporting, recordkeeping and
disclosure requirements are designed to provide investor protection
benefits, including, among other things, tailored information regarding
ETFs, including information regarding costs associated with an
investment in ETFs. These benefits should apply to investors in smaller
funds as well as investors in larger funds. Similarly, we do not
believe it would be in the interest of investors to exempt small ETFs
from the disclosure and reporting requirements or to exempt small ETFs
from the recordkeeping requirements. We believe that all ETF investors,
including investors in small ETFs, will benefit from disclosure and
reporting requirements that permit them to make investment choices that
better match their risk tolerances. Additionally, the current
disclosure requirements for reports on Form N-1A and Form N-8B-2 do not
distinguish between small entities and other funds.\736\
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    \736\ See Reporting Modernization Adopting Release, supra
footnote 263, at section V.E (noting that small entities currently
follow the same requirements that large entities do when filing
reports on Form N-SAR, Form N-CSR, and Form N-Q, and stating that
the Commission believes that establishing different reporting
requirements or frequency for small entities (including with respect
to proposed Form N-PORT and proposed Form N-CEN) would not be
consistent with the Commission's goal of industry oversight and
investor protection).
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    Finally, we believe that rule 6c-11 and related disclosure and
reporting requirements appropriately use a combination of performance
and design standards. Rule 6c-11 provides ETFs that satisfy the
requirements of the rule with exemptions from certain provisions of the
Act necessary for ETFs to operate. Because the provisions of the Act
from which ETFs would be exempt provide important investor and market
protections, the conditions of the rule must be specifically designed
to ensure that these investor and market protections are maintained.
However, where we believe that flexibility is beneficial, we adopted
performance-based standards that provide a regulatory framework, rather
than prescriptive requirements, to give funds the opportunity to adopt
policies and procedures tailored to their specific needs without
raising investor or market protection concerns.\737\
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    \737\ See e.g., supra section II.C.5. (noting that rule 6c-11
will provide an ETF with the flexibility to use ``custom baskets''
if the ETF has adopted written policies and procedures that set
forth detailed parameters for the construction and acceptance of
custom baskets that are in the best interests of the ETF and its
shareholders).

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VII. Statutory Authority

    The Commission is adopting new rule 6c-11 pursuant to the authority
set forth in sections 6(c), 22(c), and 38(a) of the Investment Company
Act [15 U.S.C. 80a-6(c), 80a-22(c), and 80a-37(a)]. The Commission is
adopting amendments to registration Forms N-1A and N-CSR under the
authority set forth in sections 6, 7(a), 10 and 19(a) of the Securities
Act of 1933 [15 U.S.C. 77f, 77g(a), 77j, 77s(a)], and sections 8(b),
24(a), and 30 of the Investment Company Act [15 U.S.C. 80a-8(b), 80a-
24(a), and 80a-29]. The Commission is adopting amendments to
registration Form N-8B-2 under the authority set forth in section 8(b)
and 38(a) of the Investment Company Act [15 U.S.C. 80a-8(b) and 80a-
37(a)]. The Commission is adopting amendments to Form N-CEN and Form N-
PORT under the authority set forth sections 8(b), 30(a), and 38(a) of
the Investment Company Act [15 U.S.C. 80a-8(b), 80a-29(a), and 80a-
37(a)]. The Commission is adopting amendments to Regulation S-X under
the authority set forth in sections 7, 8, 10, and 19 of the Securities
Act [15 U.S.C. 77g, 77h, 77j, 77s], and sections 8(b), 30(a), 31, and
38(a) of the Investment Company Act [15 U.S.C. 80a-8(b), 80a-29(a),
80a-30, and 80a-37(a)]. The Commission is providing relief in Section
II.G, permitting ETFs relying on rule 6c-11 to enter into fund of funds
arrangements, pursuant to the authority set forth in sections 6(c),
12(d)(1)(J) and 17(b).

List of Subjects

17 CFR Part 210

    Accounting, Investment companies, Reporting and recordkeeping
requirements, Securities.

17 CFR Part 239

    Reporting and recordkeeping requirements, Securities.

17 CFR Parts 270 and 274

    Investment companies, Reporting and recordkeeping requirements,
Securities.

Text of Rules and Form Amendments

Correction

0
In final rule FR Doc. 2016-25349, published in the issue of Friday,
November 18, 2016 (81 FR 81870), make the following correction:
    On page 82019, in the second column, remove amendatory instruction
23 for Sec.  232.401, which was to be effective August 1, 2019, but was
delayed until May 1, 2020, in a rule published on December 14, 2017 (82
FR 58731).
    For reasons set out in the preamble, title 17, chapter II of the
Code of Federal Regulations is amended as follows:

PART 210--FORM AND CONTENT OF AND REQUIREMENTS FOR FINANCIAL
STATEMENTS, SECURITIES ACT OF 1933, SECURITIES EXCHANGE ACT OF
1934, INVESTMENT COMPANY ACT OF 1940, INVESTMENT ADVISERS ACT OF
1940, AND ENERGY POLICY AND CONSERVATION ACT OF 1975

0
1. The authority citation for part 210 continues to read as follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77aa(25), 77aa(26), 77nn(25), 77nn(26), 78c, 78j-1, 78l, 78m, 78n,
78o(d), 78q, 78u-5, 78w, 78ll, 78mm, 80a-8, 80a-20, 80a-29, 80a-30,
80a-31, 80a-37(a), 80b-3, 80b-11, 7202 and 7262, and sec. 102(c),
Pub. L. 112-106, 126 Stat. 310 (2012), unless otherwise noted.

Sec.  210.12-14  [Amended]

0
2. Amend Sec.  210.12-14 by removing the phrase in footnote 1 ``(5)
balance at close of period as shown in Column E'' and adding in its
place ``(5) balance at close of period as shown in Column F''.

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

0
3. The authority citation for part 239 continues to read, in part, as
follows:

    Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77sss, 78c, 78l, 78m, 78n, 78o(d), 78o-7 note, 78u-5, 78w(a), 78ll,
78mm, 80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26,
80a-29, 80a-30, and 80a-37; and sec. 107 Pub. L. 112-106, 126 Stat.
312, unless otherwise noted.
* * * * *

PART 270--RULES AND REGULATIONS, INVESTMENT COMPANY ACT OF 1940

0
4. The authority citation for part 270 is revised by adding a sectional
authority for Sec.  270.6c-11 in numerical order to read in part as
follows:

    Authority:  15 U.S.C. 80a-1 et seq., 80a-34(d), 80a-37, 80a-39,
and Pub. L. 111-203, sec. 939A, 124 Stat. 1376 (2010), unless
otherwise noted.
* * * * *
    Section 270.6c-11 is also issued under 15 U.S.C. 80a-6(c) and
80a-37(a).
* * * * *

0
5. Section 270.6c-11 is added to read as follows:

Sec.  270.6c-11  Exchange-traded funds.

    (a) Definitions. (1) For purposes of this section:
    Authorized participant means a member or participant of a clearing
agency registered with the Commission, which has a written agreement
with the exchange-traded fund or one of its service providers that
allows the authorized participant to place orders for the purchase and
redemption of creation units.
    Basket means the securities, assets or other positions in exchange
for which an exchange-traded fund issues (or in return for which it
redeems) creation units.
    Business day means any day the exchange-traded fund is open for
business, including any day when it satisfies redemption requests as
required by section 22(e) of the Act (15 U.S.C. 80a-22(e)).
    Cash balancing amount means an amount of cash to account for any
difference between the value of the basket and the net asset value of a
creation unit.
    Creation unit means a specified number of exchange-traded fund
shares that the exchange-traded fund will issue to (or redeem from) an
authorized participant in exchange for the deposit (or delivery) of a
basket and a cash balancing amount if any.
    Custom basket means:
    (A) A basket that is composed of a non-representative selection of
the exchange-traded fund's portfolio holdings; or
    (B) A representative basket that is different from the initial
basket used in transactions on the same business day.
    Exchange-traded fund means a registered open-end management
company:
    (A) That issues (and redeems) creation units to (and from)
authorized participants in exchange for a basket and a cash balancing
amount if any; and
    (B) Whose shares are listed on a national securities exchange and
traded at market-determined prices.
    Exchange-traded fund share means a share of stock issued by an
exchange-traded fund.
    Foreign investment means any security, asset or other position of
the ETF issued by a foreign issuer as that term is defined in Sec.
240.3b-4 of this title, and that is traded on a trading market outside
of the United States.
    Market price means:
    (A) The official closing price of an exchange-traded fund share; or
    (B) If it more accurately reflects the market value of an exchange-
traded fund share at the time as of which the exchange-traded fund
calculates current net asset value per share, the price that is the
midpoint between the national best bid and national best offer as of
that time.
    National securities exchange means an exchange that is registered
with the

Commission under section 6 of the Securities Exchange Act of 1934 (15
U.S.C. 78f).
    Portfolio holdings means the securities, assets or other positions
held by the exchange-traded fund.
    Premium or discount means the positive or negative difference
between the market price of an exchange-traded fund share at the time
as of which the current net asset value is calculated and the exchange-
traded fund's current net asset value per share, expressed as a
percentage of the exchange-traded fund share's current net asset value
per share.
    (2) Notwithstanding the definition of exchange-traded fund in
paragraph (a)(1) of this section, an exchange-traded fund is not
prohibited from selling (or redeeming) individual shares on the day of
consummation of a reorganization, merger, conversion or liquidation,
and is not limited to transactions with authorized participants under
these circumstances.
    (b) Application of the Act to exchange-traded funds. If the
conditions of paragraph (c) of this section are satisfied:
    (1) Redeemable security. An exchange-traded fund share is
considered a ``redeemable security'' within the meaning of section
2(a)(32) of the Act (15 U.S.C. 80a-2(a)(32)).
    (2) Pricing. A dealer in exchange-traded fund shares is exempt from
section 22(d) of the Act (15 U.S.C. 80a-22(d)) and Sec.  270.22c-1(a)
with regard to purchases, sales and repurchases of exchange-traded fund
shares at market-determined prices.
    (3) Affiliated transactions. A person who is an affiliated person
of an exchange-traded fund (or who is an affiliated person of such a
person) solely by reason of the circumstances described in paragraphs
(b)(3)(i) and (ii) of this section is exempt from sections 17(a)(1) and
17(a)(2) of the Act (15 U.S.C. 80a-17(a)(1) and (a)(2)) with regard to
the deposit and receipt of baskets:
    (i) Holding with the power to vote 5% or more of the exchange-
traded fund's shares; or
    (ii) Holding with the power to vote 5% or more of any investment
company that is an affiliated person of the exchange-traded fund.
    (4) Postponement of redemptions. If an exchange-traded fund
includes a foreign investment in its basket, and if a local market
holiday, or series of consecutive holidays, or the extended delivery
cycles for transferring foreign investments to redeeming authorized
participants prevents timely delivery of the foreign investment in
response to a redemption request, the exchange-traded fund is exempt,
with respect to the delivery of the foreign investment, from the
prohibition in section 22(e) of the Act (15 U.S.C. 80a-22(e)) against
postponing the date of satisfaction upon redemption for more than seven
days after the tender of a redeemable security if the exchange-traded
fund delivers the foreign investment as soon as practicable, but in no
event later than 15 days after the tender of the exchange-traded fund
shares.
    (c) Conditions. (1) Each business day, an exchange-traded fund must
disclose prominently on its website, which is publicly available and
free of charge:
    (i) Before the opening of regular trading on the primary listing
exchange of the exchange-traded fund shares, the following information
(as applicable) for each portfolio holding that will form the basis of
the next calculation of current net asset value per share:
    (A) Ticker symbol;
    (B) CUSIP or other identifier;
    (C) Description of holding;
    (D) Quantity of each security or other asset held; and
    (E) Percentage weight of the holding in the portfolio;
    (ii) The exchange-traded fund's current net asset value per share,
market price, and premium or discount, each as of the end of the prior
business day;
    (iii) A table showing the number of days the exchange-traded fund's
shares traded at a premium or discount during the most recently
completed calendar year and the most recently completed calendar
quarters since that year (or the life of the exchange-traded fund, if
shorter);
    (iv) A line graph showing exchange-traded fund share premiums or
discounts for the most recently completed calendar year and the most
recently completed calendar quarters since that year (or the life of
the exchange-traded fund, if shorter);
    (v) The exchange-traded fund's median bid-ask spread, expressed as
a percentage rounded to the nearest hundredth, computed by:
    (A) Identifying the exchange-traded fund's national best bid and
national best offer as of the end of each 10 second interval during
each trading day of the last 30 calendar days;
    (B) Dividing the difference between each such bid and offer by the
midpoint of the national best bid and national best offer; and
    (C) Identifying the median of those values; and
    (vi) If the exchange-traded fund's premium or discount is greater
than 2% for more than seven consecutive trading days, a statement that
the exchange-traded fund's premium or discount, as applicable, was
greater than 2% and a discussion of the factors that are reasonably
believed to have materially contributed to the premium or discount,
which must be maintained on the website for at least one year
thereafter.
    (2) The portfolio holdings that form the basis for the exchange-
traded fund's next calculation of current net asset value per share
must be the ETF's portfolio holdings as of the close of business on the
prior business day.
    (3) An exchange-traded fund must adopt and implement written
policies and procedures that govern the construction of baskets and the
process that will be used for the acceptance of baskets; provided,
however, if the exchange-traded fund utilizes a custom basket, these
written policies and procedures also must:
    (i) Set forth detailed parameters for the construction and
acceptance of custom baskets that are in the best interests of the
exchange-traded fund and its shareholders, including the process for
any revisions to, or deviations from, those parameters; and
    (ii) Specify the titles or roles of the employees of the exchange-
traded fund's investment adviser who are required to review each custom
basket for compliance with those parameters.
    (4) The exchange-traded fund may not seek, directly or indirectly,
to provide investment returns that correspond to the performance of a
market index by a specified multiple, or to provide investment returns
that have an inverse relationship to the performance of a market index,
over a predetermined period of time.
    (d) Recordkeeping. The exchange-traded fund must maintain and
preserve for a period of not less than five years, the first two years
in an easily accessible place:
    (1) All written agreements (or copies thereof) between an
authorized participant and the exchange-traded fund or one of its
service providers that allows the authorized participant to place
orders for the purchase or redemption of creation units;
    (2) For each basket exchanged with an authorized participant,
records setting forth:
    (i) The ticker symbol, CUSIP or other identifier, description of
holding, quantity of each holding, and percentage weight of each
holding composing the basket exchanged for creation units;
    (ii) If applicable, identification of the basket as a custom basket
and a record stating that the custom basket complies with policies and
procedures that the exchange-traded fund adopted pursuant to paragraph
(c)(3) of this section;

    (iii) Cash balancing amount (if any); and
    (iv) Identity of authorized participant transacting with the
exchange-traded fund.

PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940

0
6. The general authority citation for part 274 continues to read as
follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m,
78n, 78o(d), 80a-8, 80a-24, 80a-26, 80a-29, and Pub. L. 111-203,
sec. 939A, 124 Stat. 1376 (2010), unless otherwise noted.
* * * * *

0
7. Form N-1A (referenced in Sec. Sec.  239.15A and 274.11A) is amended
as follows:
0
a. In General Instruction A, revising the definition of ``Exchange-
Traded Fund.''
0
b. In General Instruction A, revising the definition of ``Market
Price.''
0
c. In General Instruction B.4.(a), removing the phrases ``[17 CFR
230.400-230.497]'' and ``rules 480-485 and 495-497 of Regulation C''
and adding in their place ``[17 CFR 230.400-230.498]'' and ``rules 480-
485 and 495-498 of Regulation C.''
0
d. In General Instruction B.4.(d), removing the phrase ``Regulation S-T
[17 CFR 232.10-232.903]'' and adding in its place ``Regulation S-T [17
CFR 232.10-232.501].''
0
e. In Item 3, revising the first paragraph under the heading ``Fees and
Expenses of the Fund''.
0
f. Revising Instruction 1(e) of Item 3, Item 6(c), and Items 11(a)(1)
and 11(g).
0
g. In instruction 4(b) to Item 13, removing the sentence ``If a change
in the methodology for determining the ratio of expenses to average net
assets results from applying paragraph 2(g) of rule 6-07, explain in a
note that the ratio reflects fees paid with brokerage commissions and
fees reduced in connection with specific agreements only for periods
ending after September 1, 1995.''
0
h. Revising Item 27(b)(7)(iv), Instruction 1(e)(ii) of Item 27(d)(1),
and Item 27(d)(3).
    The additions and revisions read as follows:

    Note:  The text of Form N-1A does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form N-1A

* * * * *
    GENERAL INSTRUCTIONS
* * * * *

A. Definitions

* * * * *
    ``Exchange-Traded Fund'' means a Fund or Class, the shares of
which are listed and traded on a national securities exchange, and
that has formed and operates under an exemptive order granted by the
Commission or in reliance on rule 6c-11 [17 CFR 270.6c-11] under the
Investment Company Act.
* * * * *
    ``Market Price'' has the same meaning as in rule 6c-11 [17 CFR
270.6c-11] under the Investment Company Act.
* * * * *

Item 3. Risk/Return Summary: Fee Table

* * * * *

Fees and Expenses of the Fund

    This table describes the fees and expenses that you may pay if
you buy, hold, and sell shares of the Fund. You may pay other fees,
such as brokerage commissions and other fees to financial
intermediaries, which are not reflected in the tables and examples
below. You may qualify for sales charge discounts if you and your
family invest, or agree to invest in the future, at least $[ ] in
[name of fund family] funds. More information about these and other
discounts is available from your financial intermediary and in
[identify section heading and page number] of the Fund's prospectus
and [identify section heading and page number] of the Fund's
statement of additional information.
* * * * *

Instructions

* * * * *
    1. General
* * * * *
    (e) If the Fund is an Exchange-Traded Fund, exclude any fees
charged for the purchase and redemption of the Fund's creation
units.
* * * * *

Item 6. Purchase and Sale of Fund Shares

* * * * *
    (c) Exchange-Traded Funds. If the Fund is an Exchange-Traded
Fund, the Fund may omit the information required by paragraphs (a)
and (b) of this Item and must disclose:
    (1) That Individual Fund shares may only be bought and sold in
the secondary market through a broker or dealer at a market price;
    (2) That because ETF shares trade at market prices rather than
net asset value, shares may trade at a price greater than net asset
value (premium) or less than net asset value (discount);
    (3) That an investor may incur costs attributable to the
difference between the highest price a buyer is willing to pay to
purchase shares of the Fund (bid) and the lowest price a seller is
willing to accept for shares of the Fund (ask) when buying or
selling shares in the secondary market (the ``bid-ask spread'');
    (4) If applicable, how to access recent information, including
information on the Fund's net asset value, Market Price, premiums
and discounts, and bid-ask spreads, on the Exchange-Traded Fund's
website; and
    (5) The median bid-ask spread for the Fund's most recent fiscal
year.

Instructions

    1. A Fund may omit the information required by paragraph (c)(5)
of this Item if it satisfies the requirements of paragraph (c)(1)(v)
of Rule 6c-11 [17 CFR 270.6c-11(c)(1)(v)] under the Investment
Company Act.
    2. An Exchange-Traded Fund that had its initial listing on a
national securities exchange at or before the beginning of the most
recently completed fiscal year must include the median bid-ask
spread for the Fund's most recent fiscal year. For an Exchange-
Traded Fund that had an initial listing after the beginning of the
most recently completed fiscal year, explain that the Exchange-
Traded Fund did not have a sufficient trading history to report
trading information and related costs. Information should be based
on the most recently completed fiscal year end.
    3. Bid-Ask Spread (Median). Calculate the median bid-ask spread
by dividing the difference between the national best bid and
national best offer by the mid-point of the national best bid and
national best offer as of the end of each ten-second interval
throughout each trading day of the Exchange-Traded Fund's most
recent fiscal year. Once the bid-ask spread for each ten-second
interval throughout the fiscal year is determined, sort the spreads
from lowest to highest. If there is an odd number of spread
intervals, then the median is the middle number. If there is an even
number of spread intervals, then the median is the average between
the two middle numbers. Express the spread as a percentage, rounded
to the nearest hundredth percent.
    4. A Fund may combine the information required by Item 6(c)(4)
into the information required by Item 1(b)(1) and Rule 498(b)(1)(v)
[17 CFR 230.498(b)(1)(v)] under the Securities Act.
* * * * *
    Item 11. Shareholder Information
    (a) Pricing of Fund Shares. Describe the procedures for pricing
the Fund's shares, including:
    (1) An explanation that the price of Fund shares is based on the
Fund's net asset value and the method used to value Fund shares
(market price, fair value, or amortized cost); except that if the
Fund is an Exchange-Traded Fund, an explanation that the price of
Fund shares is based on a market price.
* * * * *
    (g) Exchange-Traded Funds. If the Fund is an Exchange-Traded
Fund:
    (1) The Fund may omit from the prospectus the information
required by Items 11(a)(2), (b), and (c).
    (2) Provide a table showing the number of days the Market Price
of the Fund shares was greater than the Fund's net asset value and
the number of days it was less than the Fund's net asset value
(i.e., premium or discount) for the most recently completed calendar
year, and the most recently completed calendar quarters since that
year (or the life of the Fund, if shorter). The Fund may omit the
information required by this paragraph if it satisfies the
requirements of paragraphs (c)(1)(ii)-(iv) and (c)(1)(vi) of Rule
6c-11 [17 CFR 270.6c-11(c)(1)(ii)-(iv) and

(c)(1)(vi)] under the Investment Company Act.
* * * * *
    Item 27. Financial Statements
* * * * *
    (b) * * *
    (7) * * *
* * * * *
    (iv) Provide a table showing the number of days the Market Price
of the Fund shares was greater than the Fund's net asset value and
the number of days it was less than the Fund's net asset value
(i.e., premium or discount) for the most recently completed calendar
year, and the most recently completed calendar quarters since that
year (or the life of the Fund, if shorter). The Fund may omit the
information required by this paragraph if it satisfies the
requirements of paragraphs (c)(1)(ii)-(iv) and (c)(1)(vi) of Rule
6c-11 [17 CFR 270.6c-11(c)(1)(ii)-(iv) and (c)(1)(vi)] under the
Investment Company Act.
* * * * *
    (d) * * *
    (1) * * *

Instructions

* * * * *
    1. General.
* * * * *
    (e) If the fund is an Exchange-Traded Fund:
* * * * *
    (ii) Exclude any fees charged for the purchase and redemption of
the Fund's creation units.
* * * * *
    (3) * * *

Instruction

    A Money Market Fund will omit the statement required by Item
27(d)(3) and instead provide a statement that (i) the Money Market
Fund files its complete schedule of portfolio holdings with the
Commission each month on Form N-MFP; (ii) the Money Market Fund's
reports on Form N-MFP are available on the Commission's website at
http://www.sec.gov; and (iii) the Money Market Fund makes portfolio
holdings information available to shareholders on its website.
* * * * *

0
8. Form N-8B-2 (referenced in Sec. Sec.  239.16 and 274.12) is amended
as follows:
0
a. In the General Instructions, revising the definitions of ``Exchange-
Traded Fund'' and ``Market Price''.
0
b. In Item 13, adding paragraphs (h), (i), and (j).
0
 c. In Item IX, adding an undesignated paragraph following the heading.
    The additions and revisions read as follows:

    Note:  The text of Form N-8B-2 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form N-8B-2

* * * * *
GENERAL INSTRUCTIONS FOR FORM N-8B-2
* * * * *

Definitions

* * * * *
    Exchange-Traded Fund (ETF): The term ``Exchange-Traded Fund'' means
a Fund or Class, the shares of which are listed and traded on a
national securities exchange, and that has formed and operates under an
exemptive order granted by the Commission.
* * * * *
    Market Price. The term ``Market Price'' has the same meaning as in
rule 6c-11 [17 CFR 270.6c-11] under the Investment Company Act.
* * * * *

Information Concerning Loads, Fees, Charges, and Expenses

    13.
* * * * *
    (h) If the trust is an Exchange-Traded Fund, furnish an explanation
indicating that an ETF investor may pay additional fees not described
by any other item in this form, such as brokerage commissions and other
fees to financial intermediaries.
    (i) If the trust is an Exchange-Traded Fund, furnish the
disclosures and information set forth in Item 6(c) of Form N-1A
[referenced in 17 CFR 274.11A]. Provide information specific to the
trust as necessary, utilizing the ETF-specific methodology set forth in
the Instructions to Form N-1A Item 6(c). The Fund may omit the
information required by Item 6(c)(5) of Form N-1A if it satisfies the
requirements of paragraph (c)(1)(v) of Rule 6c-11 [17 CFR 270.6c-
11(c)(1)(v)] under the Investment Company Act.
    (j) If the trust is an Exchange-Traded Fund, provide a table
showing the number of days the Market Price of the Fund shares was
greater than the Fund's net asset value and the number of days it was
less than the Fund's net asset value (i.e., premium or discount) for
the most recently completed calendar year, and the most recently
completed calendar quarters since that year (or the life of the Fund,
if shorter). The Fund may omit the information required by this
paragraph if it satisfies the requirements of paragraphs (c)(1)(ii)-
(iv) and (c)(1)(vi) of Rule 6c-11 [17 CFR 270.6c-11(c)(1)(ii)-(iv) and
(c)(1)(vi)] under the Investment Company Act.
* * * * *
IX
EXHIBITS
    Subject to General Instruction 2(d) regarding incorporation by
reference and rule 483 under the Securities Act, file the exhibits
listed below as part of the registration statement. Letter or number
the exhibits in the sequence indicated, unless otherwise required by
rule 483. Reflect any exhibit incorporated by reference in the list
below and identify the previously filed document containing the
incorporated material.
* * * * *

0
9. Amend Form N-CEN (referenced in Sec.  274.101) as follows:
0
a. Adding Item C.7.k.
0
b. Revising the Instruction to Item E.2.
    The addition and revision read as follows:

    Note:  The text of Form N-CEN does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM N-CEN
ANNUAL REPORT FOR REGISTERED INVESTMENT COMPANIES
* * * * *
Part C. Additional Questions for Management Investment Companies
    * * *

Item C.7.

    * * *
    k. Rule 6(c)-11 (17 CFR 270.6c-11): __
    * * *
Part E. Additional Questions for Exchange-Traded Funds and Exchange-
Traded Managed Funds
    * * *

Item E.2.

    * * *
    Instruction. The term ``authorized participant'' means a member or
participant of a clearing agency registered with the Commission, which
has a written agreement with the Exchange-Traded Fund or Exchange-
Traded Managed Fund or one of its service providers that allows the
authorized participant to place orders for the purchase and redemption
of creation units.
    * * *

0
10. Amend Form N-CSR (referenced in Sec.  274.128) as follows:
0
a. In General Instruction D, remove the phrase ``Item 12(a)(1)'' and
add in its place ``Item 13(a)(1)''.
0
b. In the instruction to Item 13, remove the phrase ``Instruction to
Item 11'' and add in its place ``Instruction to Item 13''.

0
11. Amend Form N-PORT (referenced in Sec.  274.150) by revising the
first paragraph of General Instruction F to read as follows:

    Note:  The text of Form N-PORT does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM N-PORT
MONTHLY PORTFOLIO INVESTMENTS REPORT
    * * *
GENERAL INSTRUCTIONS
    * * *
F. Public Availability
    With the exception of the non-public information discussed below,
the information reported on Form N-PORT for the third month of each
Fund's fiscal quarter will be made publicly available upon filing.
* * * * *

    By the Commission.

    Dated: September 25, 2019.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2019-21250 Filed 10-23-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 16, 2008 (Volume 73, Number 201)]
[Rules and Regulations]
[Page 61348-61350]
[DOCID:fr16oc08-8]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30631; Amdt. No 3290]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective October 16, 2008. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 16, 2008.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration(NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to:http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA HeadquartersBuilding,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies andPrograms Divisions,
Flight Standards Service, Federal AviationAdministration, Mike Monroney
Aeronautical Center, 6500 SouthMacArthur Blvd. Oklahoma City, OK 73169
(Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone:
(405) 954-4164.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, TakeoffMinimums and/or ODPS.
The complete regulators' description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C.552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable
FAAForms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B
when required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical

charts. The circumstances which created the need for some SIAP and
Takeoff Minimums and ODP amendments may require making them effective
in less than 30 days. For the remaining SIAPS and Takeoff Minimums and
ODPS, an effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on October 3, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me,Title 14, Code
of Federal Regulations, Part 97 (14CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 20 Nov. 2008

Clinton, AR, Holley Mountain Airpark, Takeoff Minimums and Obstacle DP,
Orig
Fayetteville, AR, Drake Field, LDA/DME RWY 34, Amdt 3
Fayetteville, AR, Drake Field, RNAV (GPS) RWY 16, Orig
Fayetteville, AR, Drake Field, RNAV (GPS) RWY 34, Orig
Fayetteville, AR, Drake Field, VOR-A, Amdt 25
Sacramento, CA, Sacramento Executive, ILS OR LOC RWY 2, Amdt 23
Sacramento, CA, Sacramento Executive, RNAV (GPS) RWY 2, Orig
Sacramento, CA, Sacramento Executive, Takeoff Minimums and Obstacle DP,
Orig
Sacramento, CA, Sacramento Executive, VOR RWY 2, Amdt 10
San Diego/El Cajon, CA, Gillespie Field, GPS RWY 17, Orig-A, CANCELLED
San Diego/El Cajon, CA, Gillespie Field, RNAV (GPS) RWY 17, Orig
San Diego, CA, San Diego Intl, LOC RWY 27, Amdt 3
San Diego, CA, San Diego Intl, RNAV (GPS) RWY 27, Amdt 1
San Jose, CA, Norman Y. Mineta/San Jose Intl, RNAV (RNP) Z RWY 12R,
Orig-A
Wray, CO, Wray Muni, RNAV (GPS) RWY 17, Amdt 1
Wray, CO, Wray Muni, RNAV (GPS) RWY 35, Amdt 1
Orlando, FL, Orlando Sanford Intl, ILS OR LOC RWY 9L, Amdt 3
Orlando, FL, Orlando Sanford Intl, ILS OR LOC RWY 27R, Amdt 1
Alma, GA, Bacon County, RNAV (GPS) RWY 15, Amdt 1
Covington, GA, Covington Muni, GPS RWY 28, Orig-B, CANCELLED
Covington, GA, Covington Muni, NDB RWY 28, Amdt 2
Covington, GA, Covington Muni, RNAV (GPS) RWY 10, Orig
Covington, GA, Covington Muni, RNAV (GPS) RWY 28, Orig
Covington, GA, Covington Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Covington, GA, Covington Muni, VOR/DME RWY 10, Amdt 4
Elberton, GA, Elbert Co-Patz Field, GPS RWY 28, Orig, CANCELLED
Elberton, GA, Elbert Co-Patz Field, RNAV (GPS) RWY 10, Orig
Elberton, GA, Elbert Co-Patz Field, RNAV (GPS) RWY 28, Orig
Elberton, GA, Elbert Co-Patz Field, Takeoff Minimums and Obstacle DP,
Orig
Elberton, GA, Elbert Co-Patz Field, VOR/DME RWY 10, Amdt 3
Gooding, ID, Gooding Muni, NDB RWY 25, Amdt 1
Champaign/Urbana, IL, University of Illinois-Willard, RNAV (GPS) RWY
32R, Orig
Chicago, IL, Chicago-O'Hare Intl, ILS OR LOC RWY 9L, ILS RWY 9L (CAT
II), ILSRWY 9L (CAT III), Orig
Chicago, IL, Chicago-O'Hare Intl, ILS OR LOC RWY 9R, Amdt 9
Chicago, IL, Chicago-O'Hare Intl, ILS OR LOC RWY 27L, ILS RWY 27L (CAT
II),ILS RWY 27L (CAT III), Amdt 28
Chicago, IL, Chicago-O'Hare Intl, ILS OR LOC RWY 27R, ILS RWY 27R (CAT
II),ILS RWY 27R (CAT III), Orig
Chicago, IL, Chicago-O'Hare Intl, RNAV (GPS) RWY 9L, Orig
Chicago, IL, Chicago-O'Hare Intl, RNAV (GPS) RWY 9R, Amdt 2
Chicago, IL, Chicago-O'Hare Intl, RNAV (GPS) RWY 27L, Amdt 2
Chicago, IL, Chicago-O'Hare Intl, RNAV (GPS) RWY 27R, Orig
Chicago, IL, Chicago-O'Hare Intl, Takeoff Minimums and Obstacle DP,
Amdt 16
Morris, IL, Morris Muni-James R. Washburn Field, RNAV (GPS) RWY 36,
Amdt 1
Morris, IL, Morris Muni-James R. Washburn Field, Takeoff Minimums
andObstacle DP, Orig
Quincy, IL, Quincy Rgnl-Baldwin Field, ILS OR LOC RWY 4, Amdt 17B
Indianapolis, IN, Eagle Creek Airpark, NDB RWY 21, Amdt 4
Indianapolis, IN, Eagle Creek Airpark, Takeoff Minimums and Obstacle
DP, Amdt 1
Indianapolis, IN, Eagle Creek Airpark, VOR-A, Amdt 7
Indianapolis, IN, Mount Comfort, RNAV (GPS) RWY 25, Orig
Hopkinsville, KY, Hopkinsville-Christian County, LOC RWY 26, Amdt 4
Hopkinsville, KY, Hopkinsville-Christian County, NDB RWY 26, Amdt 7
Hopkinsville, KY, Hopkinsville-Christian County, RNAV (GPS) RWY 8, Orig
Hopkinsville, KY, Hopkinsville-Christian County, RNAV (GPS) RWY 26,
Orig
New Roads, LA, False River Rgnl, LOC RWY 36, Amdt 1

New Roads, LA, False River Rgnl, NDB RWY 36, Amdt 2
Alpena, MI, Alpena County Rgnl, RNAV (GPS) RWY 1, Orig
Detroit, MI, Willow Run, RNAV (GPS) RWY 23L, Amdt 1
Motley, MN, Morey's, Takeoff Minimums and Obstacle DP, Orig, CANCELLED
St Louis, MO, Lambert-St Louis Intl, ILS OR LOC RWY 12R, Amdt 21D
St Louis, MO, Lambert-St Louis Intl, ILS OR LOC RWY 30L, Amdt 12
Charlotte, NC, Charlotte/Douglas Intl, ILS OR LOC RWY 18C, Amdt 9A
Charlotte, NC, Charlotte/Douglas Intl, ILS OR LOC RWY 18L, Amdt 6A
Charlotte, NC, Charlotte/Douglas Intl, ILS OR LOC RWY 36C, ILS RWY 36C
(CATII), ILS RWY 36C (CAT III), Amdt 15C
Charlotte, NC, Charlotte/Douglas Intl, ILS OR LOC RWY 36R, ILS RWY 36R
(CATII), ILS RWY 36R (CAT III), Amdt 10A
Charlotte, NC, Charlotte/Douglas Intl, RNAV (GPS) RWY 18C, Amdt 2A
Charlotte, NC, Charlotte/Douglas Intl, RNAV (GPS) RWY 36C, Amdt 2A
Charlotte, NC, Charlotte/Douglas Intl, Takeoff Minimums and Obstacle
DP, Amdt 4
Manchester, NH, Manchester, Takeoff Minimums and Obstacle DP, Amdt 9
Wilmington, OH, Clinton Field, RNAV (GPS) RWY 21, Amdt 1
Chester, SC, Chester Catawba Regional, GPS RWY 17, Orig, CANCELLED
Chester, SC, Chester Catawba Regional, GPS RWY 35, Orig, CANCELLED
Chester, SC, Chester Catawba Regional, RNAV (GPS) RWY 17, Orig
Chester, SC, Chester Catawba Regional, RNAV (GPS) RWY 35, Orig
Newberry, SC, Newberry County, NDB RWY 22, Amdt 6
Newberry, SC, Newberry County, Takeoff Minimums and Obstacle DP, Amdt 1
Knoxville, TN, McGhee-Tyson, NDB RWY 5R, Amdt 5A, CANCELLED
Knoxville, TN, McGhee-Tyson, RNAV (GPS) RWY 5R, Amdt 1
Knoxville, TN, McGhee-Tyson, RNAV (GPS) RWY 23L, Amdt 1
Sevierville, TN, Gatlinburg-Pigeon Forge, RNAV (GPS) RWY 10, Orig
Sevierville, TN, Gatlinburg-Pigeon Forge, VOR/DME RWY 10, Amdt 6
Carthage, TX, Panola County-Sharpe Field, NDB RWY 35, Amdt 2
Carthage, TX, Panola County-Sharpe Field, RNAV (GPS) RWY 17, Orig
Carthage, TX, Panola County-Sharpe Field, RNAV (GPS) RWY 35, Orig
Carthage, TX, Panola County-Sharpe Field, Takeoff and Minimums
andObstacle DP, Orig
Mason, TX, Mason County, Takeoff Minimums and Obstacle DP, Orig
Pleasanton, TX, Pleasanton Muni, GPS RWY 34, Orig, CANCELLED
Pleasanton, TX, Pleasanton Muni, NDB-A, Amdt 5B, CANCELLED
Pleasanton, TX, Pleasanton Muni, RNAV (GPS) RWY 34, Orig
Pleasanton, TX, Pleasanton Muni, Takeoff Minimums and Obstacle DP, Amdt
1
Victoria, TX, Victoria Rgnl, Takeoff and Minimums and Obstacle DP, Orig
Price, UT, Carbon County Rgnl/Buck Davis Field, ILS OR LOC/DME RWY 36,
Orig
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 16C, ILS RWY 16C (CAT
II),ILS RWY 16C (CAT III), Amdt 13
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 16L, ILS RWY 16L (CAT
II),ILS RWY 16L (CAT III), Amdt 4
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 16R, ILS RWY 16R (CAT
II),ILS RWY 16R (CAT III), Orig
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 34C, ILS RWY 34C (CAT
II), Amdt 2
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 34L, ILS RWY 34L (CAT
II), Orig
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 34R, ILS RWY 34R (CAT
II), Amdt 1
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) RWY 16C, Amdt 1
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) RWY 16L, Amdt 2
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) RWY 16R, Orig
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) RWY 34C, Amdt 1
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) RWY 34L, Orig
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) RWY 34R, Amdt 1
Seattle, WA, Seattle-Tacoma Intl, Takeoff Minimums and Obstacle DP,
Amdt 4
Seattle, WA, Seattle-Tacoma Intl, VOR/DME RWY 16L/C, Amdt 14
Seattle, WA, Seattle-Tacoma Intl, VOR/DME RWY 34C, Amdt 1
La Crosse, WI, La Crosse Muni, ILS OR LOC RWY 18, Amdt 19
La Crosse, WI, La Crosse Muni, NDB RWY 18, Amdt 19
La Crosse, WI, La Crosse Muni, VOR RWY 13, Amdt 30
La Crosse, WI, La Crosse Muni, VOR RWY 36, Amdt 31

Effective 18 Dec. 2008

Somerville, NJ, Somerset, Takeoff Minimums and Obstacle DP, Amdt 3

 [FR Doc. E8-24110 Filed 10-15-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 39 (Wednesday, February 27, 2019)]
[Notices]
[Page 6399]
[FR Doc No: 2019-03400]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-1069-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; Northland Power
Energy Marketing (US) Inc.

    This is a supplemental notice in the above-referenced proceeding of
Northland Power Energy Marketing (US) Inc.'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 March 13, 2019.
    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 electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website 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: February 21, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-03400 Filed 2-26-19; 8:45 am]
 BILLING CODE 6717-01-P


29 DATA EVALUATION REPORT 6/ 17/ 2001 Reviewed by: Chris A. Wozniak, Ph. D., Biologist, OPP / BPPD / s/ Secondary Reviewer: John L. Kough, Ph. D., Biologist, OPP / BPPD / s/ MRID No.: 452422 09 Active Ingredients: Bacillus thuringiensis strain PS149B1 ( NRRL B 21553) binary insect control proteins as expressed in maize Product Name: PS149B1 insect control proteins as expressed in maize ID No.: 068467 EUP G, 068467 EUP L, 029964 EUP R, 022964 EUP G Submission No.: S590323, S590337 Chemical No.: 006430 Bacillus thuringiensis PS149B1 proteins DP Barcode: D271578 Sponsor: Dow Agrosciences LLC, 9330 Zionsville Rd., Indianapolis, IN 46268. Authors: K. J. Brooks, P. M. DeWildt Testing Facility: Toxicology and Environmental Research and Consulting, The Dow Chemical Company, Midland, MI 48674 Study Titles: PS149B1 14 kDa and 44 kDa proteins: acute oral toxicity study in CD 1 mice. Study Date: October 10, 2000 Study No.: 001128 Conclusion: All animals survived the two week study. One female mouse exhibited protruding or bulging eyes on days 6 and 7, but this resolved thereafter. This observation was not attributed to the treatment as it was an isolated observation ( i. e., no other animals exhibited this). No other clinical signs were noted for any animals during the study. An initial weight loss was observed in two mice at test days 1 and 2, but both gained weight for the remainder of the study. All other animals gained weight throughout the study. No gross treatment related observations were recorded during the study as represented by gross pathologic observations. An acute oral LD50 was calculated for this study based upon a dosage of a 1: 4.6 ratio mixture of PS149B1 proteins at greater than 5000 mg/ kg and greater than 2000 mg/ kg for an equimolar mixture ( 1: 3) of the pure proteins.

Classification: Acceptable.

Good Laboratory Practices: This study was conducted in compliance with the Certification of Good Laboratory Practices as outlined in 40 CFR 160, with the following exception: dose mixtures were not analyzed for homogeneity and dose confirmation.

Purpose: To determine the median lethal oral dose ( LD50) of the PS149B1 14 kDa and 44 kDa proteins.

METHODS 30 Test material  PS149B1 proteins in a ratio of 1: 4.6 ( 14 kDa: 44 kDa). Supplied by Dow AgroSciences ( DAS) PS149B1 14 kDa  040400POOL, 44 kDa  040700POOL. The test sample was a mixture of the two PS149B1 proteins, 14 kDa and 44 kDa. These were formulated in a 1: 4.6 ratio of 54 % pure 14 kDa and 37 % pure 44 kDa proteins. The intention was to deliver a dose that contained 482 mg/ kg of pure 14 kDa and 1520 mg/ kg of pure 44 kDa protein; this 1: 3 ratio provided an equimolar mixture of the proteins. A single dose gavage containing a 20 % mixture of proteins in 0.5 % aqueous methylcellulose was administered.

Reference number  PS149B1 14 kDa  TSN102172, 44 kDa  TSN 102171.

Physical properties  Off white solid.

Test animals  CD 1 mice ( Charles River Laboratories, Portage, MI) weighing 23 to 35 g at the start of the study were dosed on July 25, 2000 or August 1, 2000. Relative humidity was maintained at 40 to 72 % and temperature 22 + 3

C in the animal room. A 12 hour photoperiod was used and room air was exchanged approximately 12 to 15 times per hour. Water lines were automatically bled every six hours.

Purina Certified Rodent Lab Diet # 5002 ( Purina Mills, Inc., St. Louis, MO) and municipal water were supplied ad libitum.

Experimental design  The test substance was administered to five female and five male mice ( 5000 mg/ kg body weight) in a 1: 4.6 mixture of the two PS149B1 proteins, 14 kDa and 44 kDa. A single dose gavage ( 25 mL/ kg) delivered as a 20 % mixture in 0.5 % methycellulose. Mice were fasted one hour prior to treatment. Detailed clinical observations were made prior to the dosing for comparison to study observations. Animals were observed at least twice on the day of dosing and once daily thereafter a detailed clinical observation was performed. each animal was weighed prestudy, on the day of dosing and at days 2, 8, and 15. Gross necropsy was performed on all animals.

Pathology  All mice surviving the study were euthanized and examined by gross necropsy. Eyes were examined in situ using a glass microscope slide applied to the corneum. External surfaces, body orifices, nasal, cranial, oral, thoracic and abdominal cavities were all opened and the viscera examined in situ and after dissection.

Statistics  means and standard deviations were calculated relative to body weight measurements.

RESULTS All animals survived the two week study. One female mouse exhibited protruding or bulging eyes on days 6 and 7, but this resolved thereafter. This observation was not attributed to the treatment as it was an isolated observation ( i. e., no other animals exhibited this). No other clinical signs were noted for any animals during the study. 31 An initial weight loss was observed in two mice at test days 1 and 2, but both gained weight for the remainder of the study. Given the timing of this observation, the dosage administration may likely be responsible for the initial weight loss response, particularly with the inclusion of the methycellulose as a carrier during dosing. All other animals gained weight throughout the study.

No gross treatment related observations were recorded during the study as represented by gross pathologic observations.

An acute oral LD50 was calculated for this study based upon a dosage of a 1: 4.6 ratio mixture of PS149B1 proteins at greater than 5000 mg/ kg and greater than 2000 mg/ kg for an equimolar mixture ( 1: 3) of the pure proteins.


[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Notices]
[Page 7464]
[DOCID:fr17fe09-122]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3303-EM; Docket ID FEMA-2008-0018]

Missouri; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of Missouri (FEMA-3303-EM), dated January 30,
2009, and related determinations.

DATES: Effective Date: January 30, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated January 30, 2009, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the State of Missouri resulting from a severe winter storm
beginning on January 26, 2009, and continuing, are of sufficient
severity and magnitude to warrant an emergency declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. Sec. Sec.  5121-5207 (the Stafford Act). Therefore, I declare
that such an emergency exists in the State of Missouri.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for debris removal and emergency
protective measures (Category B), limited to direct Federal
assistance, under the Public Assistance program. This assistance
excludes regular time costs for subgrantees' regular employees. In
addition, you are authorized to provide such other forms of
assistance under Title V of the Stafford Act as you may deem
appropriate.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal emergency assistance and
administrative expenses.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Thomas
A. Hall, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the State of Missouri have been designated
as adversely affected by this declared emergency:

    All 114 Missouri Counties and the Independent City of St. Louis
for emergency protective measures (Category B), limited to direct
Federal assistance, under the Public Assistance program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. E9-3332 Filed 2-13-09; 8:45 am]

BILLING CODE 9111-23-P