Request for Comments on a Proposed Revision of OMB Circular No. A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities”, 8207-8208 [2014-02891]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 28 / Tuesday, February 11, 2014 / Notices
www.justice.gov/enrd/Consent_
Decrees.html.
Cherie L. Rogers,
Assistant Section Chief, Environmental
Defense Section, Environment and Natural
Resources Division.
[FR Doc. 2014–02861 Filed 2–10–14; 8:45 am]
BILLING CODE 4410–CW–P
OFFICE OF MANAGEMENT AND
BUDGET
Request for Comments on a Proposed
Revision of OMB Circular No. A–119,
‘‘Federal Participation in the
Development and Use of Voluntary
Consensus Standards and in
Conformity Assessment Activities’’
Executive Office of the
President, Office of Management and
Budget.
ACTION: Notice of availability and
request for comments.
AGENCY:
The Office of Management
and Budget (OMB) request comments on
proposed revisions to Circular A–119,
‘‘Federal Participation in the
Development and Use of Voluntary
Consensus Standards and in Conformity
Assessment Activities’’ (hereinafter,
Circular A–119, or, the Circular) in light
of changes that have taken place in the
world of regulation, standards, and
conformity assessment since the
Circular was last revised in 1998. These
materials are available at https://
www.whitehouse.gov/omb/inforeg_
infopoltech.
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113; hereinafter known as the
NTTAA) codified pre-existing policies
on the development and use of
voluntary consensus standards in
Circular A–119, established additional
reporting requirements for agencies, and
authorized the National Institute of
Standards and Technology (NIST) to
coordinate conformity assessment
activities. In response, OMB in 1998
issued a revised version of Circular A–
119, which remains the current version.
In this notice, OMB is seeking public
comment on proposed revisions to the
Circular. These proposed revisions
reflect the experience gained by U. S.
agencies in implementing the Circular
since 1998; domestic and international
developments in regulatory, standards,
and conformity assessment policy;
concluding and implementing U.S.
trade agreements; and comments
received in response to OMB’s March
2012 Request for Information on
whether and how to supplement
Circular A–119.
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:58 Feb 10, 2014
Jkt 232001
The proposed revision to Circular A–
119 includes the following elements:
Preference for voluntary consensus
standards. The revised Circular would
maintain a strong preference for using
voluntary consensus standards in
Federal regulation and procurement. It
would also acknowledge, however, that
there may be some standards not
developed using a consensus-driven
process that are in use in the market—
particularly in the information
technology space—and that may be
relevant (and necessary) in meeting
agency missions and priorities.
Guidance on use of standards and
participation in standards development.
The revised Circular would provide
more detailed guidance on how Federal
representatives should participate in
standards development activities. It
would also strengthen the role of agency
Standards Executives, encourage better
internal coordination and training on
standards, and update the provisions on
how the U.S. Government manages and
reports on the development and use of
standards. The Circular would also
provide criteria for agencies to consider
when examining whether a standard
meets agency needs and should be
adopted.
Guidance on conformity assessment.
The revised Circular would encourage
agencies to consider international
conformity assessment schemes and
private sector conformity assessment
activities in lieu of conformity
assessment activities or schemes
developed or carried out by the
government, and set out criteria for
agencies to consider when they are
selecting or designing an appropriate
conformity assessment procedure.
Enhanced transparency. The
proposed revisions would provide
guidance to agencies on how they
should discuss implementation of the
Circular in their rulemakings and
guidance documents; encourage
agencies to alert the public when
considering whether to participate in
standards development activities; and
set out factors for agencies to consider
when incorporating standards by
reference in regulation.
Burden reduction. The proposed
revisions would require agencies to
utilize the retrospective review
mechanism set out in Executive Orders
13563 and 13610 to implement the
Circular, including ensuring that
standards incorporated by reference in
regulation are updated on a timely basis.
The revisions also encourage agencies to
work together to reference the same
version of a standard in regulation and
procurements and coordinate on
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
8207
conformity assessment requirements,
where feasible.
International considerations. The
proposed revisions incorporate
references to trade-related statutory
obligations on standards-related
measures and direct Federal agencies to
consult with USTR on how to comply
with international obligations with
regard to standards and conformity
assessment. They provide guidance on
how to identify such obligations, direct
agencies to take into account their
obligations under Executive Order
13609 when they engage in standards
and conformity assessment activities,
and encourage greater coordination with
respect to the Government’s formulation
of global strategies on standards,
regulation, and international trade.
DATES: Comments are requested on the
proposed revision to Circular A–119 no
later than May 12, 2014.
ADDRESSES: All comments should be
submitted via https://
www.regulations.gov or faxed to 202–
395–5167. Please submit comments only
and include your name, company name
(if any), and cite ‘‘Federal Participation
in the Development and Use of
Voluntary Consensus Standards and in
Conformity Assessment Activities’’ in
all correspondence. All comments
received will be posted, without change
or redaction, to www.regulations.gov, so
commenters should not include
information they do not wish to be
posted (e.g., personal or confidential
business information).
FOR FURTHER INFORMATION CONTACT
Jasmeet Seehra, Office of Management
and Budget, Office of Information and
Regulatory Affairs, at jseehra@
omb.eop.gov.
SUPPLEMENTARY INFORMATION: In Section
12(d) of the NTTAA, Congress stated
that Federal agencies ‘‘shall use
technical standards that are developed
or adopted by voluntary consensus
standards bodies, using such technical
standards as a means to carry out policy
objectives or activities,’’ except when an
agency determines that such use ‘‘is
inconsistent with applicable law or
otherwise impractical.’’ (Section 12(d),
as amended, is found as a ‘‘note’’ to 15
U.S.C. 272. Congress amended Section
12(d) in 2001, in Section 1115 of Pub.
L. 107–107, to include paragraph (4) on
‘‘expenses of government personnel.’’)
In response to the enactment of the
NTTAA, OMB prepared a proposed
revision to Circular A–119 and issued a
Federal Register notice seeking public
comment on the proposal (see 61 FR
68312 (December 27, 1996)). Following
OMB’s consideration of the comments,
OMB issued a final revision of the
E:\FR\FM\11FEN1.SGM
11FEN1
8208
Federal Register / Vol. 79, No. 28 / Tuesday, February 11, 2014 / Notices
Circular in 1998 63 FR 8546 (February
19, 1998) which can be found on OMB’s
Web site at https://www.whitehouse.gov/
omb/circulars_a119/.
The policies in the Circular are
intended to maximize the reliance by
agencies on voluntary consensus
standards and reduce to a minimum
agency reliance on standards other than
voluntary consensus standards,
including reliance on governmentunique standards. The Circular also
provides guidance for agencies
participating in the work of bodies that
develop voluntary consensus standards
and describes procedures for satisfying
the NTTAA’s agency-reporting
requirements. In addition, consistent
with section 12(b) of the NTTAA, the
Circular directs the Secretary of
Commerce to issue guidance to agencies
in order to coordinate conformity
assessment activities. The NIST
conformity assessment guidelines,
which were issued in 2000, are available
at https://gsi.nist.gov/global/docs/
FR_FedGuidanceCA.pdf.
OMB’s proposed revisions are meant
to provide more detailed guidance to
agencies to take into account agency
experience under the current Circular in
several areas including the
Administration’s current work in Open
Government, developments in
regulatory policy and international
trade, and changes in technology.
Howard Shelanski,
Administrator, Office of Information and
Regulatory Affairs.
[FR Doc. 2014–02891 Filed 2–10–14; 8:45 am]
BILLING CODE P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
30908; File No. 812–14211]
The Gabelli Dividend & Income Trust,
et al.; Notice of Application
February 6, 2014.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application under
section 17(b) of the Investment
Company Act of 1940 (the ‘‘Act’’)
requesting an exemption from section
17(a) of the Act, and for an order under
section 17(d) of the Act and rule 17d–
1 thereunder permitting certain joint
transactions.
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
Applicants: The Gabelli Dividend &
Income Trust (‘‘Dividend Trust’’), The
Gabelli Global Small and Mid Cap Value
Trust (‘‘Global Trust’’) (each, a ‘‘Fund’’
VerDate Mar<15>2010
17:58 Feb 10, 2014
Jkt 232001
and together, the ‘‘Funds’’) and Gabelli
Funds, LLC (the ‘‘Adviser’’).
SUMMARY: Summary of Application:
Applicants seek an order to permit
Dividend Trust to transfer a segment of
its assets to Global Trust, a newly
formed, wholly-owned subsidiary that is
a registered closed-end investment
company, and to distribute the shares of
Global Trust common stock to the
holders of Dividend Trust’s common
stock.
DATES: Filing Dates: The application
was filed on September 11, 2013 and
amended on January 28, 2014.
Hearing or Notification of Hearing: An
order granting the application will be
issued unless the Commission orders a
hearing. Interested persons may request
a hearing by writing to the
Commission’s Secretary and serving
applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on February 27, 2014 and
should be accompanied by proof of
service on the applicants, in the form of
an affidavit, or, for lawyers, a certificate
of service. Hearing requests should state
the nature of the writer’s interest, the
reason for the request, and the issues
contested. Persons who wish to be
notified of a hearing may request
notification by writing to the
Commission’s Secretary.
ADDRESS: Elizabeth M. Murphy,
Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC, 20549–1090;
Applicants: Richard T. Prins, Esq.,
Skadden, Arps, Slate, Meagher & Flom
LLP, Four Times Square, New York,
New York 10036.
FOR FURTHER INFORMATION CONTACT:
Laura J. Riegel, Senior Counsel, at (202)
551–6873 or Mary Kay Frech, Branch
Chief, at (202) 551–6821 (Division of
Investment Management, Chief
Counsel’s Office).
SUPPLEMENTARY INFORMATION: The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
Web site by searching for the file
number, or an applicant using the
Company name box, at https://
www.sec.gov/search/search.htm or by
calling (202) 551–8090.
Applicants’ Representations
1. Dividend Trust, a Delaware
statutory trust, is registered under the
Act as a diversified closed-end
management investment company.
Dividend Trust seeks to provide a high
level of total return on its assets with an
emphasis on dividends and income.
Under normal market conditions,
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
Dividend Trust invests at least 80% of
its assets in dividend-paying securities
or other income-producing securities,
and at least 50% of its assets in
dividend-paying equity securities.
Dividend Trust has a non-fundamental
policy that limits investment in
securities of non-United States issuers
to 35% of its total assets.
2. Global Trust was organized as a
Delaware statutory trust on August 19,
2013 and is wholly-owned by Dividend
Trust. Global Trust filed a notification of
registration on Form N–8A on
September 11, 2013 to register under the
Act as a diversified closed-end
management investment company.
Global Trust filed a registration
statement under the Securities Act of
1933 (the ‘‘1933 Act’’) on Form N–14 on
September 11, 2013 (the ‘‘Proxy
Statement/Prospectus’’) and filed a
registration statement on Form N–2 on
December 10, 2013. Application will be
made to list Global Trust’s common
shares for trading on the New York
Stock Exchange. Global Trust seeks to
provide long-term capital growth. Under
normal market conditions, Global Trust
will invest at least 40% of its total assets
in the equity securities of companies
located outside the United States and in
at least three countries. Unlike Dividend
Trust, Global Trust may invest without
limitation in the equity securities of
companies located outside the United
States.
3. The Adviser, a New York limited
liability company, is registered under
the Investment Advisers Act of 1940.
The Adviser serves, or will serve,
respectively, as the investment adviser
to Dividend Trust and Global Trust.
Applicants represent that the
investment advisory fee structure for
Global Trust will be the same as the
advisory fee structure for Dividend
Trust.
4. The board of trustees of Dividend
Trust consists of ten trustees, five of
whom are also trustees of the six
member board of trustees of Global
Trust (each such board of trustees, a
‘‘Board’’ and collectively, the ‘‘Boards’’).
Seven trustees on the Board of Dividend
Trust are not ‘‘interested persons,’’ as
defined in section 2(a)(19) of the Act
(the ‘‘Independent Trustees’’), and five
trustees on the Board of Global Trust are
Independent Trustees. The President
and the Treasurer of Dividend Trust
hold the same offices with Global Trust.
5. The Board of Dividend Trust has
approved, subject to the issuance of the
requested relief and subsequent
shareholder approval, the contribution
of a segment of Dividend Trust’s assets
having a value of approximately $100
million to Global Trust, in exchange for
E:\FR\FM\11FEN1.SGM
11FEN1
]]>Agencies
[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Notices]
[Pages 8207-8208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02891]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF MANAGEMENT AND BUDGET
Request for Comments on a Proposed Revision of OMB Circular No.
A-119, ``Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities''
AGENCY: Executive Office of the President, Office of Management and
Budget.
ACTION: Notice of availability and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of Management and Budget (OMB) request comments on
proposed revisions to Circular A-119, ``Federal Participation in the
Development and Use of Voluntary Consensus Standards and in Conformity
Assessment Activities'' (hereinafter, Circular A-119, or, the Circular)
in light of changes that have taken place in the world of regulation,
standards, and conformity assessment since the Circular was last
revised in 1998. These materials are available at https://www.whitehouse.gov/omb/inforeg_infopoltech.
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113; hereinafter known as the NTTAA) codified pre-existing
policies on the development and use of voluntary consensus standards in
Circular A-119, established additional reporting requirements for
agencies, and authorized the National Institute of Standards and
Technology (NIST) to coordinate conformity assessment activities. In
response, OMB in 1998 issued a revised version of Circular A-119, which
remains the current version.
In this notice, OMB is seeking public comment on proposed revisions
to the Circular. These proposed revisions reflect the experience gained
by U. S. agencies in implementing the Circular since 1998; domestic and
international developments in regulatory, standards, and conformity
assessment policy; concluding and implementing U.S. trade agreements;
and comments received in response to OMB's March 2012 Request for
Information on whether and how to supplement Circular A-119.
The proposed revision to Circular A-119 includes the following
elements:
Preference for voluntary consensus standards. The revised Circular
would maintain a strong preference for using voluntary consensus
standards in Federal regulation and procurement. It would also
acknowledge, however, that there may be some standards not developed
using a consensus-driven process that are in use in the market--
particularly in the information technology space--and that may be
relevant (and necessary) in meeting agency missions and priorities.
Guidance on use of standards and participation in standards
development. The revised Circular would provide more detailed guidance
on how Federal representatives should participate in standards
development activities. It would also strengthen the role of agency
Standards Executives, encourage better internal coordination and
training on standards, and update the provisions on how the U.S.
Government manages and reports on the development and use of standards.
The Circular would also provide criteria for agencies to consider when
examining whether a standard meets agency needs and should be adopted.
Guidance on conformity assessment. The revised Circular would
encourage agencies to consider international conformity assessment
schemes and private sector conformity assessment activities in lieu of
conformity assessment activities or schemes developed or carried out by
the government, and set out criteria for agencies to consider when they
are selecting or designing an appropriate conformity assessment
procedure.
Enhanced transparency. The proposed revisions would provide
guidance to agencies on how they should discuss implementation of the
Circular in their rulemakings and guidance documents; encourage
agencies to alert the public when considering whether to participate in
standards development activities; and set out factors for agencies to
consider when incorporating standards by reference in regulation.
Burden reduction. The proposed revisions would require agencies to
utilize the retrospective review mechanism set out in Executive Orders
13563 and 13610 to implement the Circular, including ensuring that
standards incorporated by reference in regulation are updated on a
timely basis. The revisions also encourage agencies to work together to
reference the same version of a standard in regulation and procurements
and coordinate on conformity assessment requirements, where feasible.
International considerations. The proposed revisions incorporate
references to trade-related statutory obligations on standards-related
measures and direct Federal agencies to consult with USTR on how to
comply with international obligations with regard to standards and
conformity assessment. They provide guidance on how to identify such
obligations, direct agencies to take into account their obligations
under Executive Order 13609 when they engage in standards and
conformity assessment activities, and encourage greater coordination
with respect to the Government's formulation of global strategies on
standards, regulation, and international trade.
DATES: Comments are requested on the proposed revision to Circular A-
119 no later than May 12, 2014.
ADDRESSES: All comments should be submitted via https://www.regulations.gov or faxed to 202-395-5167. Please submit comments
only and include your name, company name (if any), and cite ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities'' in all
correspondence. All comments received will be posted, without change or
redaction, to www.regulations.gov, so commenters should not include
information they do not wish to be posted (e.g., personal or
confidential business information).
FOR FURTHER INFORMATION CONTACT Jasmeet Seehra, Office of Management
and Budget, Office of Information and Regulatory Affairs, at
jseehra@omb.eop.gov.
SUPPLEMENTARY INFORMATION: In Section 12(d) of the NTTAA, Congress
stated that Federal agencies ``shall use technical standards that are
developed or adopted by voluntary consensus standards bodies, using
such technical standards as a means to carry out policy objectives or
activities,'' except when an agency determines that such use ``is
inconsistent with applicable law or otherwise impractical.'' (Section
12(d), as amended, is found as a ``note'' to 15 U.S.C. 272. Congress
amended Section 12(d) in 2001, in Section 1115 of Pub. L. 107-107, to
include paragraph (4) on ``expenses of government personnel.'')
In response to the enactment of the NTTAA, OMB prepared a proposed
revision to Circular A-119 and issued a Federal Register notice seeking
public comment on the proposal (see 61 FR 68312 (December 27, 1996)).
Following OMB's consideration of the comments, OMB issued a final
revision of the
[[Page 8208]]
Circular in 1998 63 FR 8546 (February 19, 1998) which can be found on
OMB's Web site at https://www.whitehouse.gov/omb/circulars_a119/.
The policies in the Circular are intended to maximize the reliance
by agencies on voluntary consensus standards and reduce to a minimum
agency reliance on standards other than voluntary consensus standards,
including reliance on government-unique standards. The Circular also
provides guidance for agencies participating in the work of bodies that
develop voluntary consensus standards and describes procedures for
satisfying the NTTAA's agency-reporting requirements. In addition,
consistent with section 12(b) of the NTTAA, the Circular directs the
Secretary of Commerce to issue guidance to agencies in order to
coordinate conformity assessment activities. The NIST conformity
assessment guidelines, which were issued in 2000, are available at
https://gsi.nist.gov/global/docs/FR_FedGuidanceCA.pdf.
OMB's proposed revisions are meant to provide more detailed
guidance to agencies to take into account agency experience under the
current Circular in several areas including the Administration's
current work in Open Government, developments in regulatory policy and
international trade, and changes in technology.
Howard Shelanski,
Administrator, Office of Information and Regulatory Affairs.
[FR Doc. 2014-02891 Filed 2-10-14; 8:45 am]
BILLING CODE P
