Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 52895 

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. 

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. 

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] 

BILLING CODE 8010–01–P 

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. 


rmajette on PRODPC74 with NOTICES
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] 

Missouri Disaster Number MO–00030 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 5. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

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 

ACTION: Notice of request for public 

comment and submission to OMB of 

proposed collection of information. 

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 

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. 

SUPPLEMENTARY INFORMATION: 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 


rmajette on PRODPC74 with NOTICES