Sentencing Guidelines for United States Courts, 52895-52896 [E8-21174]
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Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices
Delaware limited liability company
(‘‘FMR LLC’’). Each Distributor is a
broker-dealer registered under the
Securities Exchange Act of 1934
(‘‘Exchange Act’’) and a direct or
indirect subsidiary of FMR LLC. FDC is
currently the distributor of the Funds.
3. Consistent with its fiduciary
obligations under the Act, each Fund’s
board of trustees will review the
advisory fees charged by the Fund’s
investment adviser to ensure that they
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 Fund may invest.
rmajette on PRODPC74 with NOTICES
Applicants’ Legal Analysis
1. Section 12(d)(1)(A) of the Act
provides that no registered investment
company (‘‘acquiring company’’) may
acquire securities of another investment
company (‘‘acquired company’’) if such
securities represent more than 3% of the
acquired company’s outstanding voting
stock or more than 5% of the acquiring
company’s total assets, or if such
securities, together with the securities of
other investment companies, represent
more than 10% of the acquiring
company’s total assets. Section
12(d)(1)(B) of the Act provides that no
registered open-end investment
company may sell its securities 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 cause more
than 10% of the acquired company’s
voting stock to be owned by investment
companies.
2. Section 12(d)(1)(G) of the Act
provides that section 12(d)(1) will not
apply to securities of an acquired
company purchased by an acquiring
company if: (i) the acquiring company
and acquired company are part of the
same group of investment companies;
(ii) the acquiring company holds only
securities of acquired companies that
are part of the same group of investment
companies, government securities, and
short-term paper; (iii) the aggregate sales
loads and distribution-related fees of the
acquiring company and the acquired
company are not excessive under rules
adopted pursuant to section 22(b) or
section 22(c) of the Act by a securities
association registered under section 15A
of the Exchange Act or by the
Commission; and (iv) the acquired
company has a policy that prohibits it
from acquiring securities of registered
open-end management investment
companies or registered unit investment
trusts in reliance on section 12(d)(1)(F)
or (G) of the Act.
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3. Rule 12d1–2 under the Act permits
a registered open-end investment
company or a registered unit investment
trust that relies on section 12(d)(1)(G) of
the Act to acquire, in addition to
securities issued by another registered
investment company in the same group
of investment companies, government
securities, and short-term paper: (i)
securities issued by an investment
company that is not in the same group
of investment companies, when the
acquisition is in reliance on section
12(d)(1)(A) or 12(d)(1)(F) of the Act; (ii)
securities (other than securities issued
by an investment company); and (iii)
securities issued by a money market
fund, when the investment is made in
reliance on rule 12d1–1 under the Act.
For the purposes of rule 12d1–2,
‘‘securities’’ means any security as that
term is defined in section 2(a)(36) of the
Act.
4. Section 6(c) of the Act provides that
the Commission may exempt any
person, security, or transaction from any
provision of the Act, or from any rule
under the Act, if such exemption is
necessary or appropriate in the public
interest and consistent with the
protection of investors and the purposes
fairly intended by the policies and
provisions of the Act.
5. Applicants state that the proposed
arrangement would comply with the
provisions of rule 12d1–2 under the Act,
but for the fact that the Funds may
invest a portion of their assets in Other
Investments. Applicants request an
order under section 6(c) of the Act for
an exemption from rule 12d1–2(a) to
allow the Funds to invest in Other
Investments. Applicants assert that
permitting the Funds to invest in Other
Investments as described in the
application would not raise any of the
concerns that the requirements of
section 12(d)(1) were designed to
address.
Applicants’ Condition
Applicants agree that any order
granting the requested relief will be
subject to the following condition:
Applicants will comply with all
provisions of rule 12d1–2 under the Act,
except for paragraph (a)(2), to the extent
that it restricts any Fund from investing
in Other Investments as described in the
application.
For the Commission, by the Division of
Investment Management, under delegated
authority.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E8–21144 Filed 9–10–08; 8:45 am]
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52895
UNITED STATES SENTENCING
COMMISSION
Sentencing Guidelines for United
States Courts
United States Sentencing
Commission.
AGENCY:
Notice of final action regarding
technical and conforming amendments
to federal sentencing guidelines
effective November 1, 2008.
ACTION:
SUMMARY: On May 1, 2008, the
Commission submitted to Congress
amendments to the federal sentencing
guidelines and published these
amendments in the Federal Register on
May 9, 2008. See 73 FR 26924. The
Commission has made technical and
conforming amendments, set forth in
this notice, to commentary provisions
related to those amendments.
The Commission has specified
an effective date of November 1, 2008,
for the amendments set forth in this
notice.
DATES:
FOR FURTHER INFORMATION CONTACT:
Michael Courlander, Public Affairs
Officer, Telephone: (202) 502–4590.
The
United States Sentencing Commission,
an independent commission in the
judicial branch of the United States
government, is authorized by 28 U.S.C.
994(a) to promulgate sentencing
guidelines and policy statements for
federal courts. Section 994 also directs
the Commission to review and revise
periodically promulgated guidelines
and authorizes it to submit guideline
amendments to Congress not later than
the first day of May each year. See 28
U.S.C. 994(o), (p). Absent an affirmative
disapproval by Congress within 180
days after the Commission submits its
amendments, the amendments become
effective on the date specified by the
Commission (typically November 1 of
the same calendar year). See 28 U.S.C.
994(p).
Unlike amendments made to
sentencing guidelines, amendments to
commentary may be made at any time
and are not subject to congressional
review. To the extent practicable, the
Commission endeavors to include
amendments to commentary in any
submission of guideline amendments to
Congress. Occasionally, however, the
Commission determines that technical
and conforming changes to commentary
are necessary. This notice sets forth
technical and conforming amendments
to commentary that will become
effective on November 1, 2008.
SUPPLEMENTARY INFORMATION:
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52896
Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices
Authority: USSC Rules of Practice and
Procedure 4.1.
Ricardo H. Hinojosa,
Chair.
Technical and Conforming
Amendments
1. Amendment: Chapter One, as
amended by Amendment 1 submitted to
Congress on May 1, 2008 (73 FR 26924;
USSG App. C (amendment 717)), is
amended in the heading by inserting a
comma after ‘‘AUTHORITY’’.
The Commentary to § 2A3.1 captioned
‘‘Application Notes’’ is amended in
Note 5 by striking ‘‘(c)(1)’’ each place it
appears and inserting ‘‘(c)(2)’’.
The Commentary to § 2B1.1 captioned
‘‘Application Notes’’ is amended in
Note 3(F)(i) by striking ‘‘7(A)’’ and
inserting ‘‘9(A)’’.
The Commentary to § 5K2.0 captioned
‘‘Background’’ is amended in the second
paragraph by striking ‘‘Historical Note
to § 1A1.1 (Authority)’’ and inserting
‘‘Chapter One, Part A’’.
Appendix A (Statutory Index) is
amended by inserting after the line
reference to 18 U.S.C. 1039 the
following:
‘‘18 U.S.C. 1040 2B1.1’’.
Reason for Amendment: This
amendment makes various technical
and conforming changes. Specifically,
the amendment makes a clerical change
to the chapter heading of Chapter One;
corrects inaccurate references in the
Commentary to § 2A3.1 Criminal Sexual
Abuse; Attempt to Commit Criminal
Sexual Abuse), § 2B1.1 (Larceny,
Embezzlement, and Other Forms of
Theft; Offenses Involving Stolen
Property; Property Damage or
Destruction; Fraud and Deceit; Forgery;
Offenses Involving Altered or
Counterfeit Instruments Other than
Counterfeit Bearer Obligations of the
United States), and § 5K2.0 (Grounds for
Departure), and amends Appendix A
(Statutory Index) to repromulgate the
line reference to 18 U.S.C. 1040, which
had been added by Amendment 714 (see
USSG App. C (Amendment 714)).
[FR Doc. E8–21174 Filed 9–10–08; 8:45 am]
BILLING CODE 2211–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #11311 and #11312]
rmajette on PRODPC74 with NOTICES
Missouri Disaster Number MO–00030
U.S. Small Business
Administration.
ACTION: Amendment 5.
AGENCY:
SUMMARY: This is an amendment of the
Presidential declaration of a major
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14:21 Sep 10, 2008
Jkt 214001
disaster for the State of Missouri
(FEMA–1773–DR), dated 06/28/2008.
Incident: Severe Storms and Flooding.
Incident Period: 06/01/2008 and
continuing through 08/13/2008.
Effective Date: 09/03/2008.
Physical Loan Application Deadline
Date: 09/10/2008.
EIDL Loan Application Deadline Date:
03/30/2009.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for the State of Missouri,
dated 06/28/2008 is hereby amended to
re-establish the incident period for this
disaster as beginning 06/01/2008 and
continuing through 08/13/2008.
All other information in the original
declaration remains unchanged.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Acting Associate Administrator for Disaster
Assistance.
[FR Doc. E8–21120 Filed 9–10–08; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF STATE
[Public Notice: 6358]
30-Day Notice of Proposed Information
Collection: Form DS–3083, Training
Registration (for Non-U.S. Government
Persons), OMB Control No. 1405–0145
Notice of request for public
comment and submission to OMB of
proposed collection of information.
ACTION:
SUMMARY: The Department of State has
submitted the following information
collection request to the Office of
Management and Budget (OMB) for
approval in accordance with the
Paperwork Reduction Act of 1995.
• Title of Information Collection:
Training Registration (For Non-U.S.
Government Persons).
• OMB Control Number: 1405–0145.
• Type of Request: Extension of a
Currently Approved Collection.
• Originating Office: Foreign Service
Institute, FSI/EX.
• Form Number: DS–3083.
• Respondents: Respondents are nonU.S. government persons and/or their
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eligible family members, authorized by
Public Law 105–277 to receive training
delivered by the Foreign Service
Institute on a reimbursable or advanceof-funds basis.
• Estimated Number of Respondents:
100.
• Estimated Number of Responses:
100.
• Average Hours Per Response: 0.5.
• Total Estimated Burden: 50.
• Frequency: On occasion.
• Obligation to Respond: Required to
Obtain or Retain a Benefit.
DATES: Submit comments to the Office
of Management and Budget (OMB) for
up to 30 days from September 11, 2008.
ADDRESSES: Direct comments and
questions to Katherine Astrich, the
Department of State Desk Officer in the
Office of Information and Regulatory
Affairs at the Office of Management and
Budget (OMB), who may be reached at
202–395–4718. You may submit
comments by any of the following
methods:
• E-mail: kastrich@omb.eop.gov. You
must include the DS form number,
information collection title, and OMB
control number in the subject line of
your message.
• Mail (paper, disk, or CD–ROM
submissions): Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street, NW., Washington, DC 20503.
• Fax: 202–395–6974
FOR FURTHER INFORMATION CONTACT: You
may obtain copies of the proposed
information collection and supporting
documents from Wayne A. Oshima,
Foreign Service Institute, Office of
Management, U.S. Department of State,
Washington, DC 20522–4201, who may
be reached on 703–302–6730 or at
oshimawa@state.gov.
We are
soliciting public comments to permit
the Department to:
• Evaluate whether the proposed
information collection is necessary to
properly perform our functions.
• Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond,
Abstract of proposed collection:
This data collection tool is to be used
to obtain information from non-U.S.
Government persons so that they can
enroll in courses offered by the
Department of State’s Foreign Service
Institute. This includes information of a
SUPPLEMENTARY INFORMATION:
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11SEN1
]]>Agencies
[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Notices]
[Pages 52895-52896]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21174]
=======================================================================
-----------------------------------------------------------------------
UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of final action regarding technical and conforming
amendments to federal sentencing guidelines effective November 1, 2008.
-----------------------------------------------------------------------
SUMMARY: On May 1, 2008, the Commission submitted to Congress
amendments to the federal sentencing guidelines and published these
amendments in the Federal Register on May 9, 2008. See 73 FR 26924. The
Commission has made technical and conforming amendments, set forth in
this notice, to commentary provisions related to those amendments.
DATES: The Commission has specified an effective date of November 1,
2008, for the amendments set forth in this notice.
FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs
Officer, Telephone: (202) 502-4590.
SUPPLEMENTARY INFORMATION: The United States Sentencing Commission, an
independent commission in the judicial branch of the United States
government, is authorized by 28 U.S.C. 994(a) to promulgate sentencing
guidelines and policy statements for federal courts. Section 994 also
directs the Commission to review and revise periodically promulgated
guidelines and authorizes it to submit guideline amendments to Congress
not later than the first day of May each year. See 28 U.S.C. 994(o),
(p). Absent an affirmative disapproval by Congress within 180 days
after the Commission submits its amendments, the amendments become
effective on the date specified by the Commission (typically November 1
of the same calendar year). See 28 U.S.C. 994(p).
Unlike amendments made to sentencing guidelines, amendments to
commentary may be made at any time and are not subject to congressional
review. To the extent practicable, the Commission endeavors to include
amendments to commentary in any submission of guideline amendments to
Congress. Occasionally, however, the Commission determines that
technical and conforming changes to commentary are necessary. This
notice sets forth technical and conforming amendments to commentary
that will become effective on November 1, 2008.
[[Page 52896]]
Authority: USSC Rules of Practice and Procedure 4.1.
Ricardo H. Hinojosa,
Chair.
Technical and Conforming Amendments
1. Amendment: Chapter One, as amended by Amendment 1 submitted to
Congress on May 1, 2008 (73 FR 26924; USSG App. C (amendment 717)), is
amended in the heading by inserting a comma after ``AUTHORITY''.
The Commentary to Sec. 2A3.1 captioned ``Application Notes'' is
amended in Note 5 by striking ``(c)(1)'' each place it appears and
inserting ``(c)(2)''.
The Commentary to Sec. 2B1.1 captioned ``Application Notes'' is
amended in Note 3(F)(i) by striking ``7(A)'' and inserting ``9(A)''.
The Commentary to Sec. 5K2.0 captioned ``Background'' is amended
in the second paragraph by striking ``Historical Note to Sec. 1A1.1
(Authority)'' and inserting ``Chapter One, Part A''.
Appendix A (Statutory Index) is amended by inserting after the line
reference to 18 U.S.C. 1039 the following:
``18 U.S.C. 1040 2B1.1''.
Reason for Amendment: This amendment makes various technical and
conforming changes. Specifically, the amendment makes a clerical change
to the chapter heading of Chapter One; corrects inaccurate references
in the Commentary to Sec. 2A3.1 Criminal Sexual Abuse; Attempt to
Commit Criminal Sexual Abuse), Sec. 2B1.1 (Larceny, Embezzlement, and
Other Forms of Theft; Offenses Involving Stolen Property; Property
Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving
Altered or Counterfeit Instruments Other than Counterfeit Bearer
Obligations of the United States), and Sec. 5K2.0 (Grounds for
Departure), and amends Appendix A (Statutory Index) to repromulgate the
line reference to 18 U.S.C. 1040, which had been added by Amendment 714
(see USSG App. C (Amendment 714)).
[FR Doc. E8-21174 Filed 9-10-08; 8:45 am]
BILLING CODE 2211-01-P
