[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Notices]
[Pages 49395-49398]
[FR Doc No: 2018-21208]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3353]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Antimicrobial Animal Drug Distribution Reports and
Recordkeeping

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
provisions of our reporting and recordkeeping requirements for
antimicrobial animal drug sales and distribution.

DATES: Submit either electronic or written comments on the collection
of information by November 30, 2018.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before November 30, 2018. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of November 30, 2018.

Comments received by mail/hand delivery/courier (for written/paper
submissions) will be considered timely if they are postmarked or the
delivery service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-N-3353 for ``Antimicrobial Animal Drug Distribution Reports
and Recordkeeping.'' Received comments, those filed in a timely manner
(see ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
Antimicrobial Animal Drug Distribution Reports and Recordkeeping--21
CFR 514.87
OMB Control Number 0910-0659--Extension
    Sponsors of approved or conditionally approved applications for new
animal drugs containing an antimicrobial active ingredient are required
by section 512 of the Federal Food, Drug, and Cosmetic Act (FD&C Act)
(21 U.S.C. 360b) to submit to FDA an annual report on the amount of
each such ingredient in the drug that is sold or distributed for use in
food-producing animals. Sponsors are also required to maintain
distribution records for their animal drug products, including separate
information for each month of the calendar year, under section
512(l)(3) of the FD&C Act. These provisions were enacted to assist FDA
in our continuing analysis of the interactions (including drug
resistance), efficacy, and safety of antimicrobials approved for use in
both humans and food-producing animals for the purpose of mitigating
the public health risk associated with antimicrobial resistance.
    Section 514.87 of our regulations (21 CFR 514.87) codifies the
reporting requirements established in the FD&C Act. Sponsors submit
antimicrobial animal drug sales and distribution reports to the Agency
on Form FDA 3744. Each report must specify: (1) The amount of each
antimicrobial active ingredient by container size, strength, and dosage
form; (2) quantities distributed domestically and quantities

exported; and (3) a listing of the target animals, indications, and
production classes that are specified on the approved label of the
product. The report must cover the period of the preceding calendar
year and include separate information for each month of the calendar
year. Each report must also provide a species-specific estimate of the
percentage of each product that was sold or distributed domestically in
the reporting year for use in cattle, swine, chickens, or turkeys for
such species that appear on the approved label.
    Collection of information on the amount of animal antimicrobials
being distributed, including species-specific information, is necessary
to support our ongoing efforts to encourage the judicious use of
antimicrobials in food-producing animals to help ensure the continued
availability of safe and effective antimicrobials for animals and
humans. We intend to use these data to supplement existing information,
including data collected under the National Animal Health Monitoring
System and the National Antimicrobial Resistance Monitoring System
programs. Data from multiple sources are needed to provide a
comprehensive and science-based picture of antimicrobial drug use and
resistance in animal agriculture.
    Description of Respondents: Animal drug manufacturers (sponsors).
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                                Number of                        Average
                     21 CFR section                          FDA Form        Number of     responses per   Total  annual    burden per      Total hours
                                                                            respondents     respondent       responses       response
--------------------------------------------------------------------------------------------------------------------------------------------------------
514.87(a) through (e)--Annual Reports for Sponsors With             3744              10             7.5              75              62           4,650
 Active Applications--Paper Submission..................
514.87(a) through (e)--Annual Reports for Sponsors With             3744              10             7.5              75              52           3,900
 Active Applications--Electronic Submission.............
514.87(a) through (e)--Annual Reports for Sponsors With             3744               4            26.5             106               2             212
 Inactive Applications--Paper Submission................
514.87(a) through (e)--Annual Reports for Sponsors With             3744               3              35             105               2             210
 Inactive Applications--Electronic Submission...........
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............  ..............  ..............           8,972
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    We base our estimate of the average burden per response on our
recent experience with the existing antimicrobial animal drug
distribution reports program. We base our estimate of the number of
affected respondents reported in tables 1 and 2 and the average number
of responses per respondent in table 1 on a review of our records of
sponsors with active and inactive applications. We estimate that 20
sponsors will have active applications and we assume that half of the
respondents will report electronically, while the other half will
report on paper. We estimate that 10 sponsors with active applications
will spend 62 hours annually to assemble the necessary information,
prepare, and submit an annual antimicrobial animal drug sales and
distribution report on paper and 10 sponsors with active applications
will spend 52 hours annually to assemble the necessary information,
prepare, and electronically submit an annual antimicrobial animal drug
sales and distribution report. We estimate that seven sponsors will
have inactive applications and we assume that half of these respondents
will report electronically, while the other half will report on paper.
We estimate that sponsors with inactive applications will spend 2 hours
to prepare their annual antimicrobial animal drug sales and
distribution reports, whether electronically or on paper.

                               Table 2--Estimated Annual Recordkeeping Burden \1\
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                                                     Number of                        Average
            Activity                 Number of      records per    Total  annual    burden per      Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
Recordkeeping required by                     27               1              27               2              54
 section 512(l)(3) of the FD&C
 Act............................
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Animal drug manufacturers are already required to maintain
distribution records for their animal drug products to comply with
FDA's current good manufacturing regulations for periodic drug reports
under Sec.  514.80(b)(4)(i) (21 CFR 514.80(b)(4)(i)), approved under
OMB control number 0910-0284. Section 512(l)(3) of the FD&C Act differs
from Sec.  514.80(b)(4)(i) in that it requires that records include
separate information for each month of the calendar year. In addition,
under 21 CFR 211.196 (approved under OMB control number 0910-0139),
manufacturers currently are required to maintain distribution records
that include dosage form and the date the drug is distributed. Based on
these requirements, FDA believes that manufacturers already keep
detailed records of the dates when antimicrobial drugs are distributed
for marketing and recall purposes from which monthly reports can be
prepared as part of usual and customary business practices. However,
FDA estimates an additional

recordkeeping burden of 54 hours for further compliance with section
512(l)(3) of the FD&C Act, as detailed in table 2.
    Based on a review of the information collection since our last
request for OMB approval, which was submitted with a final rule, we
have made no adjustments to our burden estimates as reported in tables
1 and 2, other than to remove the one-time burden of 787 hours, which
represented the time needed to review the provisions of the final rule
and develop a compliance plan in the first year of compliance.

    Dated: September 25, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-21208 Filed 9-28-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: April 6, 2010 (Volume 75, Number 65)]
[Notices]
[Page 17407]
[DOCID:fr06ap10-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD09-11-000]

Energy Efficiency of the Natural Gas Infrastructure and
Operations Conference; Notice of Public Conference

March 31, 2010.
    Take notice that a public conference originally noticed on
September 21, 2009 has been rescheduled for May 25, 2010, from
approximately 9 a.m. until 4 p.m. Eastern Time, in the Commission
Meeting Room on the second floor of the offices of the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC. All
interested persons may attend; there is neither registration nor a
registration fee. Commissioners are expected to participate.
    The conference will focus on waste heat recovery efforts as well as
other efficiency measures in the natural gas industry.
    A free Webcast of this event is available through http://
www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to the Calendar of Events at http://
www.ferc.gov and locating this event in the Calendar. The event will
contain a link to its Webcast. The Capitol Connection provides
technical support for the free Webcasts. It also offers access to this
event via television in the Washington, DC area and via phone-bridge
for a fee. If you have any questions, visit http://
www.CapitolConnection.org or call<PHONE_NUMBER>.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free<PHONE_NUMBER>
(voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations. Additional details and the agenda for this
conference will be included in a subsequent notice. For more
information about the conference, please contact Pamela Romano at (202)
502-6854 (pamela.romano@ferc.gov).

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-7708 Filed 4-5-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63689-63692]
[FR Doc No: 2018-26735]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84719; File No. SR-CboeBZX-2018-076]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order
Granting Approval of a Proposed Rule Change, as Modified by Amendment
Nos. 1 and 2, To List and Trade Shares of the FormulaFolios Sector
Rotation ETF, a Series of the Northern Lights Fund Trust IV, Under Rule
14.11(i), Managed Fund Shares

December 4, 2018.

I. Introduction

    On October 2, 2018, Cboe BZX Exchange, Inc. (``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of the
FormulaFolios Sector Rotation ETF (``Fund'') of the Northern Lights
Fund Trust IV (``Trust'') under BZX Rule 14.11(i). The proposed rule
change was published for comment in the Federal Register on October 22,
2018.\3\ On November 8, 2018, the Exchange filed Amendment No. 1 to the
proposed rule change.\4\ On November 30, 2018, the Exchange filed
Amendment No. 2 to the proposed rule change.\5\ The Commission has
received no comments on the proposal. This order grants approval of the
proposed rule change, as modified by Amendment Nos. 1 and 2.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 84438 (October 16,
2018), 83 FR 53343.
    \4\ In Amendment No. 1, which amended and replaced the proposed
rule change in its entirety, the Exchange: (a) clarified references
to certain OTC derivatives that the Fund intends to invest; (b)
clarified that, in the event that Sector Swaps (as defined herein)
are unavailable or the pricing for such contracts are unfavorable,
the Fund may attempt to replicate the desired equity exposure by
purchasing some or all of the equity securities that are listed on a
U.S. national securities exchange, including ETFs, comprising the
top four sectors at the time; and (c) made other non-substantive,
technical, and clarifying corrections to the proposal. Because
Amendment No. 1 does not materially alter the substance of the
proposed rule change or raise unique or novel regulatory issues
under the Act, Amendment No. 1 is not subject to notice and comment.
Amendment No. 1 to the proposed rule change is available at: https://www.sec.gov/comments/sr-cboebzx-2018-076/srcboebzx2018076-4716147-176694.pdf.
    \5\ In Amendment No. 2, the Exchange: (a) Clarified that the
Fund will meet the requirements of Rule 14.11(i)(4)(C)(vi), which
requires that, to the extent that listed or OTC derivatives are used
to gain exposure to individual equities and/or fixed income
securities, or to indexes of equities and/or indexes of fixed income
securities, the aggregate gross notional value of such exposure
shall meet the criteria set forth in BZX Rule 14.11(i)(4)(C)(i) and
(ii) (including gross notional exposures), respectively; and (b)
made other non-substantive, technical, and clarifying corrections to
the proposal. Because Amendment No. 2 does not materially alter the
substance of the proposed rule change or raise unique or novel
regulatory issues under the Act, Amendment No. 2 is not subject to
notice and comment. Amendment No. 2 to the proposed rule change is
available at: https://www.sec.gov/comments/sr-cboebzx-2018-076/srcboebzx2018076-4716146-176693.pdf.
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II. Exchange's Description of the Proposal, as Modified by Amendment
Nos. 1 and 2

    The Exchange proposes to list and trade the Shares of the Fund
under BZX Rule 14.11(i), which governs the listing and trading of
Managed Fund Shares on the Exchange. The Shares will be offered by the
Trust, which was established as a Delaware statutory trust on June 2,
2015. The Exchange represents that Trust is registered with the
Commission as an open-end investment company and has filed a
registration statement on behalf of the Fund on Form N-1A
(``Registration Statement'') with the Commission.\6\ FormulaFolio
Investments, LLC is the investment adviser to the Fund
(``Adviser'').\7\
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    \6\ See Registration Statement on Form N-1A for the Trust, dated
July 27, 2018 (File Nos. 333-204808 and 811-23066). According to the
Exchange, the Trust has obtained an order granting certain exemptive
relief under the Investment Company Act of 1940 (``1940 Act''). See
Investment Company Act Release No. 29571 (May 16, 2017) (File No.
812-32367).
    \7\ The Exchange represents that the Adviser is not a registered
broker-dealer and is not currently affiliated with any broker-
dealers. In addition, the Exchange represents that Adviser personnel
who make decisions regarding the Fund's portfolio are subject to
procedures designed to prevent the use and dissemination of material
nonpublic information regarding the Fund's portfolio. In the event
that (a) the Adviser becomes registered as a broker-dealer or newly
affiliated with a broker-dealer, or (b) any new adviser or sub-
adviser is a registered broker-dealer or becomes affiliated with a
broker-dealer, it will implement and maintain a fire wall with
respect to its relevant personnel or such broker-dealer affiliate,
as applicable, regarding access to information concerning the
composition of, and/or changes to, the portfolio, and will be
subject to procedures designed to prevent the use and dissemination
of material non-public information regarding such portfolio.
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    The Fund will be an actively managed exchange-traded fund that
seeks to provide a long-term total return which exceeds the total
return of its Primary Benchmark Index.\8\ The Fund will seek to achieve
its investment objective, under Normal Market Conditions,\9\ by
utilizing derivatives, or a combination of derivatives and direct
investments, to gain 100% equity exposure. The Exchange submits this
proposal in order to allow the Fund to hold over-the-counter (``OTC'')
derivatives, in a manner that may not comply with BZX Rule
14.11(i)(4)(C)(v), which requires, among other things, that the
aggregate gross notional value of OTC derivatives not exceed 20% of the
weight of the portfolio (including gross notional exposures).\10\
Specifically, the Exchange is proposing that the Fund may hold up to
75% of the weight of its portfolio in OTC derivatives, including gross
notional exposures. Otherwise, the Exchange represents that the Fund
will comply with all other listing requirements on an initial and
continued listing basis under BZX Rule 14.11(i).\11\
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    \8\ The Fund's Primary Benchmark Index is the S&P 500 Index.
    \9\ As defined in BZX Rule 14.11(i)(3)(E), the term ``Normal
Market Conditions'' includes, but is not limited to, the absence of
trading halts in the applicable financial markets generally;
operational issues causing dissemination of inaccurate market
information or system failures; or force majeure type events such as
natural or man-made disaster, act of God, armed conflict, act of
terrorism, riot or labor disruption, or any similar intervening
circumstance.
    \10\ BZX Rule 14.11(i)(4)(C)(v) provides that ``the portfolio
may, on both an initial and continuing basis, hold OTC derivatives,
including forwards, options, and swaps on commodities, currencies
and financial instruments (e.g., stocks, fixed income, interest
rates, and volatility) or a basket or index of any of the foregoing,
however the aggregate gross notional value of OTC derivatives [sic]
shall not exceed 20% of the weight of the portfolio (including gross
notional exposures).''
    \11\ In particular, the Exchange notes that the Fund will meet
the requirements of BZX Rule 14.11(i)(4)(C)(vi), which requires
that, to the extent that listed or OTC derivatives are used to gain
exposure to individual equities and/or fixed income securities, or
to indexes of equities and/or indexes of fixed income securities,
the aggregate gross notional value of such exposure shall meet the
criteria set forth in BZX Rule 14.11(i)(4)(C)(i) and (ii) (including
gross notional exposures), respectively.

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    The Adviser will allocate the Fund's assets based on two
proprietary investment models. The Adviser's first investment model
will identify trends for the individual sectors within its Primary
Benchmark Index. Each month, the model will analyze the strength of the
US economy and rank the sectors of its Primary Benchmark Index based on
a blend of various technical momentum indicators, volatility gauges,
and valuation multiples. When the economy appears healthy, sectors with
the highest risk-adjusted returns (lower volatility and higher price
momentum) and the lowest valuations (lower price ratios) are ranked
higher. When the economy appears unhealthy, sectors with more stable
price movements and lower volatility are ranked higher. The Fund will
invest in the top four sectors in an equal weight. In order to achieve
such exposure, the Fund will use OTC swap contracts that reference each
applicable sector index (``Sector Swaps'').\12\ In the event that such
Sector Swaps are unavailable or the pricing for such contracts are
unfavorable, the Fund may attempt to replicate the desired equity
exposure by purchasing some or all of the equity securities that are
listed on a U.S. national securities exchange, including ETFs,\13\
comprising the top four sectors at the time.\14\ If the model indicates
the market is doing poorly, and if not enough sectors pass the
screening criteria, the Fund can invest a portion or all of its assets
in cash or Cash Equivalents.\15\ The Exchange is proposing to allow the
Fund to hold up to 75% of the weight of its portfolio (including gross
notional exposure) in Sector Swaps, collectively, in a manner that may
not comply with 14.11(i)(4)(C)(v).\16\
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    \12\ The Fund will attempt to limit counterparty risk in non-
cleared swap contracts by entering into such contracts only with
counterparties the Adviser believes are creditworthy and by limiting
the Fund's exposure to each counterparty. The Adviser will monitor
the creditworthiness of each counterparty and the Fund's exposure to
each counterparty on an ongoing basis. The Sector Swaps will
reference the individual sector indices that underlie the Primary
Benchmark Index, which include S&P 500 Consumer Discretionary, S&P
500 Consumer Staples, S&P 500 Health Care, S&P 500 Industrials, S&P
500 Information Technology, S&P 500 Materials, S&P 500 Real Estate,
S&P 500 Telecommunication Services, S&P 500 Utilities, S&P 500
Financials, and S&P 500 Energy (individually, ``Primary Benchmark
Sector Index,'' and, collectively, ``Primary Benchmark Sector
Indexes''). The Exchange notes that the Primary Benchmark Index and
each Primary Benchmark Sector Index separately meet the generic
listing standards applicable to Index Fund Shares under BZX Rule
14.11(c)(3)(A)(i).
    \13\ For purposes of this proposal, the term ETF includes
Portfolio Depositary Receipts, Index Fund Shares, and Managed Fund
Shares as defined in BZX Rules 14.11(b), (c), and (i), respectively,
and their equivalents on other national securities exchanges.
    \14\ Such equity securities may include either component
securities of the Primary Benchmark Index, ETFs based on the Primary
Benchmark Index, or ETFs based on the sectors underlying the Primary
Benchmark Index. Any such holdings will meet the listing
requirements for U.S. Component Stocks as provided in BZX Rule
14.11(i)(4)(C)(i)(a).
    \15\ As defined in BZX Rule 14.11(i)(4)(C)(iii)(b), Cash
Equivalents are short-term instruments with maturities of less than
three months, which includes only the following: (i) U.S. Government
securities, including bills, notes, and bonds differing as to
maturity and rates of interest, which are either issued or
guaranteed by the U.S. Treasury or by U.S. Government agencies or
instrumentalities; (ii) certificates of deposit issued against funds
deposited in a bank or savings and loan association; (iii) bankers
acceptances, which are short-term credit instruments used to finance
commercial transactions; (iv) repurchase agreements and reverse
repurchase agreements; (v) bank time deposits, which are monies kept
on deposit with banks or savings and loan associations for a stated
period of time at a fixed rate of interest; (vi) commercial paper,
which are short-term unsecured promissory notes; and (vii) money
market funds.
    \16\ See supra note 10.
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    The Adviser's second investment model is used to manage an active
bond allocation exclusively through holding fixed income ETFs. This
model analyzes various major fixed income asset classes (U.S.
treasuries, investment grade U.S. bonds, high-yield U.S. bonds, high-
yield municipal bonds, and floating rate bonds) based on a blend of
yield spreads, interest rates, and price momentum. Following the
ranking process, the Fund will invest in ETFs based on the highest-
ranked asset classes, with the lowest ranked asset classes left out of
the Fund.\17\ When not enough of the asset classes meet the model's
criteria, the Fund may invest heavily in cash or Cash Equivalents until
more asset classes become favorable for investing.
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    \17\ All of the Fund's investments made pursuant to this second
investment model will meet the listing requirements for U.S. equity
securities as provided in BZX Rule 14.11(i)(4)(C)(i)(a).
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares, as modified by Amendment Nos. 1
and 2, is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.\18\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\19\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The
Commission also finds that the proposal to list and trade the Shares on
the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the Act
\20\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers and investors of information with respect to
quotations for and transactions in securities.
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    \18\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \19\ 15 U.S.C. 78f(b)(5).
    \20\ 15 U.S.C. 78k-1(a)(1)(C)(iii)
---------------------------------------------------------------------------

    According to the Exchange, apart from the exception to BZX Rule
14.11(i)(4)(C)(v) described above, the Fund's proposed investments will
satisfy, on an initial and continued listing basis, all of the generic
listing standards under BZX Rule 14.11(i)(4)(C) and all other
applicable requirements for Managed Fund Shares under Rule 14.11(i). In
addition, the Exchange represents that the Shares of the Fund will
comply with all other requirements applicable to Managed Fund Shares
including, but not limited to, requirements relating to the
dissemination of key information such as the Disclosed Portfolio, Net
Asset Value (``NAV''), and the Intraday Indicative Value, rules
governing the trading of equity securities, trading hours, trading
halts, surveillance, firewalls, and the information circular, as set
forth in Exchange rules applicable to Managed Fund Shares and the
orders approving such rules.
    The Exchange also represents that the intra-day, closing, and
settlement prices of exchange-traded portfolio assets, including equity
securities, will be readily available from the securities exchanges
trading such securities, automated quotation systems, published or
other public sources, or online information services such as Bloomberg
or Reuters. Intraday price quotations on OTC swaps and fixed income
instruments are available from major broker-dealer firms and from
third-parties, which may provide prices free with a time delay or in
real-time for a paid fee. Price information for Cash Equivalents will
be available from major market data vendors. In addition, the Disclosed
Portfolio will be available on the issuer's website free of charge. The

Fund's website includes a form of the prospectus for the Fund and
additional information related to NAV and other applicable quantitative
information. Information regarding market price and trading volume of
the Shares will be continuously available throughout the day on
brokers' computer screens and other electronic services. Quotation and
last-sale information on the Shares will be available through the
Consolidated Tape Association. Trading in the Shares may be halted for
market conditions or for reasons that, in the view of the Exchange,
make trading inadvisable. The Exchange deems the Shares to be equity
securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
The Exchange represents that it has appropriate rules to facilitate
trading in the Shares during all trading sessions.
    The Commission notes that, in support of its proposal, the Exchange
has made the following additional representations:
    (1) As noted above, the Exchange represents that, apart from the
exception to BZX Rule 14.11(i)(4)(C)(v) relating to holdings in OTC
derivatives, the Fund will meet and be subject to all other
requirements of the generic listing standards and other applicable
continued listing requirements for Managed Fund Shares under BZX Rule
14.11(i), including those requirements regarding the Disclosed
Portfolio and the requirement that the Disclosed Portfolio and the NAV
will be made available to all market participants at the same time,\21\
Intraday Indicative Value,\22\ suspension of trading or removal,\23\
trading halts,\24\ disclosure,\25\ and firewalls.\26\
---------------------------------------------------------------------------

    \21\ See Rules 14.11(i)(4)(A)(ii) and 14.11(i)(4)(B)(ii).
    \22\ See Rule 14.11(i)(4)(B)(i).
    \23\ See Rule 14.11(i)(4)(B)(iii).
    \24\ See Rule 14.11(i)(4)(B)(iv).
    \25\ See Rule 14.11(i)(6).
    \26\ See Rule 14.11(i)(7).
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    (2) Trading of the Shares through the Exchange will be subject to
the Exchange's surveillance procedures for derivative products,
including Managed Fund Shares. All of the equity securities held by the
Fund will trade on markets that are a member of Intermarket
Surveillance Group (``ISG'') or affiliated with a member of ISG or with
which the Exchange has in place a comprehensive surveillance sharing
agreement. The Exchange, the Financial Industry Regulatory Authority,
Inc. (``FINRA''), on behalf of the Exchange, or both will communicate
regarding trading in the Shares and the underlying equity securities
held by the Fund with the ISG, other markets or entities who are
members or affiliates of the ISG, or with which the Exchange has
entered into a comprehensive surveillance sharing agreement. The
Exchange, FINRA, on behalf of the Exchange, or both may obtain
information regarding trading in the Shares and the underlying equity
securities held by the Fund via the ISG from other markets or entities
who are members or affiliates of the ISG or with which the Exchange has
entered into a comprehensive surveillance sharing agreement.
Additionally, the Exchange or FINRA, on behalf of the Exchange, may
access, as needed, trade information for certain fixed income
instruments reported to FINRA's Trade Reporting and Compliance Engine.
The Exchange has a policy prohibiting the distribution of material non-
public information by its employees.
    (3) Prior to the commencement of trading, the Exchange will inform
its members in an Information Circular of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Circular will discuss the following: (a) The procedures for
purchases and redemptions of Shares in Creation Units (and that Shares
are not individually redeemable); (b) BZX Rule 3.7, which imposes
suitability obligations on Exchange members with respect to
recommending transactions in the Shares to customers; (c) how
information regarding the Intraday Indicative Value and the Disclosed
Portfolio is disseminated; (d) the risks involved in trading the Shares
during the Pre-Opening \27\ and After Hours Trading Sessions \28\ when
an updated Intraday Indicative Value and Underlying Index value will
not be calculated or publicly disseminated; (e) the requirement that
members deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (f) trading information. In addition, the Information Circular will
advise members, prior to the commencement of trading, of the prospectus
delivery requirements applicable to the Fund. Members purchasing Shares
from the Fund for resale to investors will deliver a prospectus to such
investors. The Information Circular will also discuss any exemptive,
no-action, and interpretive relief granted by the Commission from any
rules under the Act.
---------------------------------------------------------------------------

    \27\ The Pre-Opening Session is from 8:00 a.m. to 9:30 a.m.
Eastern Time.
    \28\ The After Hours Trading Session is from 4:00 p.m. to 5:00
p.m. Eastern Time.
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    (4) The Fund's investments, including derivatives, will be
consistent with the 1940 Act, and the Fund's investment objective and
policies and will not be used to enhance leverage (although certain
derivatives and other investments may result in leverage).\29\
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    \29\ According to the Exchange, the Fund will include
appropriate risk disclosure in its offering documents, including
leveraging risk, which is the risk that certain transactions of a
fund, including a fund's use of derivatives, may give rise to
leverage, causing a fund to be more volatile than if it had not been
leveraged. The Fund's investments in derivative instruments will be
made in accordance with the 1940 Act and consistent with the Fund's
investment objective and policies. To mitigate leveraging risk, the
Fund will segregate or earmark liquid assets determined to be liquid
by the Adviser in accordance with procedures established by the
Trust's Board and in accordance with the 1940 Act (or, as permitted
by applicable regulations, enter into certain offsetting positions)
to cover its obligations under derivative instruments. These
procedures have been adopted consistent with Section 18 of the 1940
Act and related Commission guidance.
---------------------------------------------------------------------------

    (5) The Fund's investments will not be used to seek performance
that is the multiple or inverse multiple (i.e., 2Xs and 3Xs) of the
Fund's primary broad-based securities benchmark index (as defined in
Form N-1A).
    (6) The Fund will only use those derivatives included in the
defined term ``Sector Swaps.'' The Fund's use of derivative instruments
will be collateralized.
    (7) The Trust is required to comply with Rule 10A-3 under the Act
\30\ for the initial and continued listing of the Shares of the Fund,
and at least 100,000 Shares will be outstanding upon the commencement
of trading.
---------------------------------------------------------------------------

    \30\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (8) The Fund will attempt to limit counterparty risk in Sector
Swaps by entering into such contracts only with counterparties the
Adviser believes are creditworthy and by limiting the Fund's exposure
to each counterparty. The Adviser will monitor the creditworthiness of
each counterparty and the Fund's exposure to each counterparty on an
ongoing basis.
    (9) All statements and representations made in this filing
regarding the description of the portfolio or reference assets,
limitations on portfolio holdings or reference assets, dissemination
and availability of index, reference asset, and intraday indicative
values, and the applicability of Exchange rules specified in this
filing shall constitute continued listing requirements for the Fund.
The issuer has represented to the Exchange that it will advise the
Exchange of any failure by the Fund or the Shares to comply with the
continued listing requirements, and, pursuant to its

obligations under Section 19(g)(1) of the Act, the Exchange will
surveil for compliance with the continued listing requirements. If the
Fund or the Shares are not in compliance with the applicable listing
requirements, the Exchange will commence delisting procedures under
Exchange Rule 14.12.
    This approval order is based on all of the Exchange's
representations and description of the Shares and the Fund, including
those set forth above and in Amendment Nos. 1 and 2 to the proposed
rule change. Except as described herein, the Commission notes that the
Shares must comply with all applicable requirements of BZX Rule
14.11(i) to be listed and traded on the Exchange on an initial and
continuing basis.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment Nos. 1 and 2, is consistent with
Section 6(b)(5) of the Act \31\ and the rules and regulations
thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\32\ that the proposed rule change (SR-CboeBZX-2017-076), as
modified by Amendment Nos. 1 and 2, be, and it hereby is, approved.
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    \32\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26735 Filed 12-10-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Pages 3438-3440]
[FR Doc No: 2019-02000]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF18-8-000]

Pointe LNG, LLC and Pointe Pipeline Company, LLC; Notice of
Intent To Prepare an Environmental Impact Statement for the Planned
Pointe LNG Project, Request for Comments on Environmental Issues, and
Notice of Public Scoping Session

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the Pointe LNG Project
(Project) involving construction and operation of facilities by Pointe
LNG, LLC and Pointe Pipeline Company, LLC (collectively Pointe LNG) in
Plaquemines Parish, Louisiana. The Commission will use this EIS in its
decision-making process to determine whether the project is in the
public interest.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the project. The National Environmental
Policy Act (NEPA) requires the Commission to take into account the
environmental impacts that could result from its action whenever it
considers the issuance of authorization. NEPA also requires the
Commission to discover concerns the public may have about proposals.
This process is referred to as ``scoping.'' The main goal of the
scoping process is to focus the analysis in the EIS on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EIS. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00 p.m. Eastern Time on March 7, 2019.
    You can make a difference by submitting your specific comments or
concerns about the project. Your comments should focus on the potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. Your input will help the Commission
staff determine what issues they need to evaluate in the EIS.
Commission staff will consider all filed comments during the
preparation of the EIS.
    If you sent comments on this project to the Commission before the
opening of this docket on September 14, 2018, you will need to file
those comments in Docket No. PF18-8-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, that approval conveys with it the right of
eminent domain. Therefore, if you and the company do not reach an
easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf. This fact sheet addresses a number of
typically asked questions, including the use of eminent domain and how
to participate in the Commission's proceedings.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. Using eComment is an easy
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(PF18-8-000) with your submission: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington,
DC 20426.
    (4) In lieu of sending written comments, the Commission invites you
to attend the public scoping session its staff will conduct in the
project area, scheduled as follows:

------------------------------------------------------------------------
        Date and time                           Location
------------------------------------------------------------------------
Tuesday, February 19, 2019,    Percy Griffin Community Center, 15577
 5:00 p.m.-8:00 p.m.            Highway 15, Davant, Louisiana 70040,
<PHONE_NUMBER>.
------------------------------------------------------------------------

    The primary goal of the scoping session is to have you identify the
specific environmental issues and concerns that should be considered in
the EIS. Individual verbal comments will be taken on a one-on-one basis
with a court reporter. This format is designed to receive the maximum
amount of verbal comments, in a convenient way during the timeframe
allotted.
    The scoping session is scheduled from 5:00 p.m. to 8:00 p.m.
Central Time. You may arrive at any time after 5:00 p.m. There will not
be a formal presentation by Commission staff when

the session opens. If you wish to speak, the Commission staff will hand
out numbers in the order of your arrival. Comments will be taken until
8:00 p.m. However, if no additional numbers have been handed out and
all individuals who wish to provide comments have had an opportunity to
do so, staff may conclude the session at 7:00 p.m. Please see appendix
1 for additional information on the session format and conduct.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE, Washington,
DC 20426, or call<PHONE_NUMBER>. For instructions on connecting to
eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

    Your scoping comments will be recorded by a court reporter (with
FERC staff or representative present) and become part of the public
record for this proceeding. Transcripts will be publicly available on
FERC's eLibrary system (see below for instructions on using eLibrary).
If a significant number of people are interested in providing verbal
comments in the one-on-one settings, a time limit of 5 minutes may be
implemented for each commentor.
    It is important to note that the Commission provides equal
consideration to all comments received, whether filed in written form
or provided verbally at a scoping session. Although there will not be a
formal presentation, Commission staff will be available throughout the
scoping session to answer your questions about the environmental review
process. Representatives from Pointe LNG will also be present to answer
project-specific questions.

Summary of the Planned Project

    Pointe LNG plans to construct a liquefied natural gas (LNG)
facility on the east bank (left descending bank) of the Mississippi
River near river mile 46 in Plaquemines Parish, Louisiana. The site
covers an area of approximately 600 acres, with approximately 6,500
feet of frontage on the Mississippi River. Pointe LNG has acquired this
property under long-term leases with options to purchase. The Pointe
LNG Project would also include two gas supply pipeline laterals for a
total of approximately 6.6 miles of supply pipeline. The Project would
be developed to liquefy domestic natural gas for export to foreign
markets as LNG.
    The Project would be sited, constructed and operated pursuant to
Section 3 of the Natural Gas Act (15 United States Code 717b). The
Project would consist of three liquefaction trains, with each train
having a capacity of 2.0 metric tonnes per annum (MTPA). The total
annual capacity of the Project would be approximately 6.0 MTPA. The
Pointe LNG Project would consist of the following facilities:

 Natural gas pre-treatment systems;
 a liquefaction facility;
 a mixed refrigerant system;
 a boil-off gas recovery system;
 a propane refrigeration compressor;
 a nitrogen system;
 LNG storage;
 LNG storage tank protection systems;
 a marine loading terminal;
 electric power generation; and
 approximately 6.6 miles of 36-inch-diameter natural gas supply
laterals (the Northern and Southern Pipelines).

    The general location of the project facilities is shown in appendix
2.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE, Washington,
DC 20426, or call<PHONE_NUMBER>. For instructions on connecting to
eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    The LNG export terminal would be constructed on the 600 acre site,
of which approximately 195 acres would be developed with terminal
facilities and about 1,640 feet of river frontage would be used for
marine berth and loading facilities. The planned Northern and Southern
Pipelines would be 3.2 and 3.4 miles long, respectively. Pointe LNG
currently plans to use a 150-foot-wide or less construction right-of-
way to install the pipelines, and would maintain a permanent easement
of 50 feet centered on each pipeline. The remaining acreage would be
restored and would revert to former usage.

The EIS Process

    The EIS will discuss impacts that could occur as a result of the
construction and operation of the planned project under these general
headings:

 Geology and soils;
 water resources and wetlands;
 vegetation and wildlife;
 threatened and endangered species;
 cultural resources;
 socioeconomics;
 land use;
 air quality and noise;
 public safety; and
 cumulative impacts.

    Commission staff will also evaluate possible alternatives to the
planned project or portions of the project, and make recommendations on
how to lessen or avoid impacts on the various resource areas.
    Although no formal application has been filed, Commission staff
have already initiated a NEPA review under the Commission's pre-filing
process. The purpose of the pre-filing process is to encourage early
involvement of interested stakeholders and to identify and resolve
issues before the Commission receives an application. As part of the
pre-filing review, Commission staff will contact federal and state
agencies to discuss their involvement in the scoping process and the
preparation of the EIS.
    The EIS will present Commission staffs' independent analysis of the
issues. The draft EIS will be available in electronic format in the
public record through eLibrary \3\ and the Commission's website
(https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed,
you will receive instant email notification when the draft EIS is
issued. The draft EIS will be issued for an allotted public comment
period. After the comment period on the draft EIS, Commission staff
will consider all timely comments and revise the document, as
necessary, before issuing a final EIS. To ensure Commission staff have
the opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section, beginning
on page 2.
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    \3\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues related to this project to formally cooperate in
the preparation of the EIS.\4\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
and to solicit their views and those of other government agencies,
interested Indian

tribes, and the public on the project's potential effects on historic
properties.\5\ Commission staff will define the project-specific Area
of Potential Effects (APE) in consultation with the SHPO(s) as the
project develops. On natural gas facility projects, the APE at a
minimum encompasses all areas subject to ground disturbance (examples
include construction right-of-way, contractor/pipe storage yards,
compressor stations, and access roads). The EIS for this project will
document our findings on the impacts on historic properties and
summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \5\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

    The environmental mailing list includes: Federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. Commission staff will update the environmental
mailing list as the analysis proceeds to ensure that Commission notices
related to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the planned project.
    A Notice of Availability of the draft EIS will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached ``Mailing
List Update Form'' (appendix 3).

Becoming an Intervenor

    Once Pointe LNG files its application with the Commission, you may
want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Only intervenors have the right to seek
rehearing of the Commission's decision and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in the proceeding by filing a request to
intervene pursuant to Rule 214 of the Commission's Rules of Practice
and Procedures (18 CFR 385.214). Motions to intervene are more fully
described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.
Please note that the Commission will not accept requests for intervenor
status at this time. You must wait until the Commission receives a
formal application for the project, after which the Commission will
issue a public notice that establishes an intervention deadline.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,
PF18-8). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of all formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along
with other related information.

    Dated: February 5, 2019.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2019-02000 Filed 2-11-19; 8:45 am]
 BILLING CODE 6717-01-P