[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Notices]
[Page 48653]
[FR Doc No: 2019-20038]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Securities and Exchange Commission will hold an Open Meeting on
Wednesday, September 18, 2019, at 2:00 p.m., to hear oral argument in
an appeal by Alexandre S. Clug, and a cross-appeal by the Division of
Enforcement, from an initial decision of an administrative law judge.

PLACE: Auditorium (L-002) at Commission's headquarters, 100 F Street
NE, Washington, DC 20549.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: On February 8, 2016, the law judge found that
(i) Clug and Aurum Mining, LLC violated Section 17(a) of the Securities
Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934
and Rule 10b-5 thereunder by making material misrepresentations and
omissions to investors; (ii) PanAm Terra, Inc. violated Securities Act
Section 17(a)(2) by making material misrepresentations and omissions to
investors; (iii) Clug and The Corsair Group violated Exchange Act
Section 15(a)(1) by acting as unregistered brokers; and (iv) Clug
aided, abetted, and caused a violation by Michael W. Crow of Exchange
Act Section 15(b)(6)(B). The law judge also found that Crow was not a
de facto executive officer of PanAm, and therefore that PanAm was not
primarily liable or Clug secondarily liable for violating Securities
Act Section 17(a), Exchange Act Sections 10(b) and 13(a), and Exchange
Act Rules 10b-5, 12b-20, 13a-1, and 13a-13, and that Clug did not
violate Exchange Act Rule 13a-14(a) by failing to disclose Crow's role
at PanAm in its periodic reports.
    The law judge ordered that Clug cease-and-desist from further
violations, pay disgorgement plus prejudgment interest, and be barred
from the securities industry and from participating in penny stock
offerings. The law judge did not sanction Aurum, PanAm, or Corsair.
    Clug appealed the law judge's findings of fact and conclusions of
law as to his violations and sanctions. The Division cross-appealed the
findings related to Crow's role at PanAm and the sanctions for Clug,
Aurum, PanAm, and Corsair. The issues likely to be considered at oral
argument include whether Clug, Aurum, PanAm, and Corsair committed the
above violations and what, if any, sanctions are appropriate.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Vanessa A. Countryman from the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: September 11, 2019.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2019-20038 Filed 9-12-19; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40803]
[DOCID:fr14jy10-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13702-000]

FFP Missouri 2, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

July 7, 2010.
    On April 5, 2010, FFP Missouri 2, LLC filed an application,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of the Grenada Lake Hydroelectric Project, to be
located on the Yalobusha River, Grenada County, Mississippi. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed Grenada Lake Hydroelectric Project consists of: (1) An
existing 13,900-foot-long dam and dike; (2) a control tower containing
four vertical gates connected to a 400-foot-long outlet tunnel; (3) a
proposed intake structure; (4) a proposed 600-foot-long, 14-foot
diameter steel penstock; (5) a proposed reinforced concrete powerhouse
containing a 5.0 megawatt turbine/generator; (6) a proposed 2,000-foot-
long 12.5-kilovolt three-phase overhead transmission line; and (7)
appurtenant facilities. The FFP Missouri 2, LLC, project would have an
average annual generation of 25-gigawatt-hours.
    Applicant Contact: Ms. Ramya Swaminathan, FFP Missouri 2, LLC, 33
Commercial Street, Gloucester, MA 01930, phone<PHONE_NUMBER>.
    FERC Contact: Pennie Lewis-Partee,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance date of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    For more information on how to submit these types of filings,
please go to the Commission's Web site located at http://www.ferc.gov/
filing-comments.asp. More information about this project can be viewed
or printed on the ``eLibrary'' link of the Commission's Web site at
http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
(P-13702) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17110 Filed 7-13-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29938-29939]
[FR Doc No: 2015-12357]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-1003; Airspace Docket No. 14-AEA-9]

Amendment of Class D and Class E Airspace; Clarksburg, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E Airspace at Clarksburg, WV, as the
Clarksburg VOR/DME has been decommissioned, requiring airspace redesign
at North Central West Virginia Airport, formerly Benedum Airport. This
action enhances the safety and management of Instrument Flight Rules
(IFR) operations at the airport. This action also updates the
geographic coordinates of the airport.

DATES: Effective 0901 UTC, August 20, 2015. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Y, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. The Order is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15. For further
information, you can contact the Airspace Policy and ATC Regulations
Group, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 29591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On March 20, 2015, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class D and Class E
airspace at North Central West Virginia Airport, Clarksburg, WV., (80
FR 14878). Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received. Also, the airport coordinates are
further adjusted from the NPRM.
    Class E airspace designations are published in paragraphs 5000,
6004, and 6005, respectively of FAA Order 7400.9Y dated August 6, 2014,
and effective September 15, 2014, which is incorporated by reference in
14 CFR part 71.1. The Class D and Class E airspace designations listed
in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Y, airspace Designations and
Reporting Points, dated August 6, 2014, and effective September 15,
2014. FAA Order 7400.9Y is publicly available as listed in the
ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace designated as an extension to Class D
at North Central West Virginia Airport, formerly known as Benedum
Airport. A segment of the airspace is amended from a 4.1-mile radius of
the airport to 11 miles southwest of the airport. Class E airspace
extending upward from 700 feet above the surface is amended to within
an 8.9-mile radius of the airport. Decommissioning of the Clarksburg
VOR/DME and cancellation of the VOR approaches has made this action
necessary for continued safety and management of IFR operations at the
airport. The geographic coordinates of the airport are adjusted to
coincide with the FAAs aeronautical database. The airport name is
changed from Benedum Airport to North Central West Virginia Airport in
the Class D and E airspace areas listed above.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the
United States Code. Subtitle I, Section 106 describes the authority of
the FAA Administrator. Subtitle VII, Aviation Programs, describes in
more detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it amends

Class D and Class E airspace at North Central West Virginia Airport,
Clarksburg, WV.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120, E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014,
effective September 15, 2014, is amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

AEA WV D Clarksburg, WV [Amended]

North Central West Virginia Airport, WV
    (Lat. 39[deg]17'52'' N., long. 80[deg]13'39'' W.)

    That airspace extending upward from the surface up to and
including 3,700 feet within a 4.1-mile radius of North Central West
Virginia Airport. This Class D airspace area is effective during
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area

* * * * *

AEA WV E4 Clarksburg, WV [Amended]

North Central West Virginia Airport, WV
    (Lat. 39[deg]17'52'' N., long. 80[deg]13'39'' W.)

    That airspace extending upward from the surface within 2.7 miles
each side of the 220[deg] bearing from North Central West Virginia
Airport extending from the 4.1-mile radius of the airport to 11
miles southwest of the airport. This Class E airspace area is
effective during specific dates and times established in advance by
a Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory.

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth

* * * * *

AEA WV E5 Clarksburg, WV [Amended]

North Central West Virginia Airport, WV
    (Lat. 39[deg]17'52'' N., long. 80[deg]13'39'' W.)

    That airspace extending upward from 700 feet above the surface
within an 8.9-mile radius of North Central West Virginia Airport.

    Issued in College Park, Georgia, on May 13, 2015.
Joey Medders,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2015-12357 Filed 5-22-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Pages 45168-45175]
[FR Doc No: 2018-19146]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83982; File No. SR-NYSEArca-2018-62]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to Listing
and Trading of Shares of the American Century Diversified Municipal
Bond ETF Under NYSE Arca Rule 8.600-E

August 29, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 17, 2018, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade shares of the American
Century Diversified Municipal Bond ETF under NYSE Arca Rule 8.600-E
(``Managed Fund Shares''). The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at

the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to list and trade shares (``Shares'') of the
American Century Diversified Municipal Bond ETF (``Fund'') under NYSE
Arca Rule 8.600-E,\4\ which governs the listing and trading of Managed
Fund Shares.\5\ The Shares will be offered by the American Century ETF
Trust (the ``Trust''), which is registered with the Commission as an
open-end management investment company.\6\ The Fund is a series of the
Trust.
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    \4\ The Securities and Exchange Commission (``Commission'') has
approved Exchange listing and trading shares of actively managed
funds that principally hold municipal bonds. See, e.g., Securities
Exchange Act Release Nos. 60981 (November 10, 2009), 74 FR 59594
(November 18, 2009) (SR-NYSEArca-2009-79) (order approving listing
and trading of shares of the PIMCO Short-Term Municipal Bond
Strategy Fund and PIMCO Intermediate Municipal Bond Strategy Fund);
79293 (November 10, 2016), 81 FR 81189 (November 17, 2016) (SR-
NYSEArca-2016-107) (order approving listing and trading of shares of
Cumberland Municipal Bond ETF under Rule 8.600); 80865 (June 6,
2017), 82 FR 26970 (June 12, 2017) (order approving listing and
trading of shares of the Franklin Liberty Intermediate Municipal
Opportunities ETF and Franklin Liberty Municipal Bond ETF under NYSE
Arca Equities Rule 8.600); 80885 (June 8, 2017), 82 FR 27302 (June
14, 2017) (order approving listing and trading of shares of the IQ
Municipal Insured ETF, IQ Municipal Short Duration ETF, and IQ
Municipal Intermediate ETF under NYSE Arca Equities Rule 8.600);
82166 (November 29, 2017), 82 FR 57497 (December 5, 2017) (SR-
NYSEArca-2017-90) (order approving listing and trading of shares of
the Hartford Municipal Opportunities ETF Under NYSE Arca Rule 8.600-
E). The Commission also has approved listing and trading on the
Exchange of shares of the SPDR Nuveen S&P High Yield Municipal Bond
Fund under Commentary .02 of NYSE Arca Equities Rule 5.2(j)(3). See
Securities Exchange Act Release No.63881 (February 9, 2011), 76 FR
9065 (February 16, 2011) (SR-NYSEArca-2010-120).
    \5\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Rule 5.2-E(j)(3),
seeks to provide investment results that correspond generally to the
price and yield performance of a specific foreign or domestic stock
index, fixed income securities index or combination thereof.
    \6\ The Trust is registered under the 1940 Act. On June 22,
2018, the Trust filed with the Commission its registration statement
on Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a)
(``Securities Act''), and under the 1940 Act relating to the Fund
(File Nos. 333-221045 and 811-23305) (``Registration Statement'').
The description of the operation of the Trust and the Fund herein is
based, in part, on the Registration Statement. In addition, the
Commission has issued an order granting certain exemptive relief to
the Trust under the 1940 Act. See Investment Company Act Release No.
32871 (October 25, 2017) (File No. 812-14793) (``Exemptive Order'').
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    American Century Investment Management, Inc. will be the Fund's
investment adviser (``Adviser''). Foreside Fund Services, LLC will be
the Fund's distributor. State Street Bank and Trust Company will serve
as transfer agent for the Fund.
    Commentary .06 to Rule 8.600-E provides that, if the investment
adviser to the investment company issuing Managed Fund Shares is
affiliated with a broker-dealer, such investment adviser shall erect a
``fire wall'' between the investment adviser and the broker-dealer with
respect to access to information concerning the composition and/or
changes to such investment company portfolio.\7\ In addition,
Commentary .06 further requires that personnel who make decisions on
the open-end fund's portfolio composition must be subject to procedures
designed to prevent the use and dissemination of material nonpublic
information regarding the open-end fund's portfolio. The Adviser is not
registered as a broker-dealer but is affiliated with a broker-dealer,
and has implemented a ``fire wall'' with respect to such broker-dealer
affiliate regarding access to information concerning the composition of
and/or changes to the Fund's portfolio. In addition, personnel who make
decisions on the Fund's portfolio composition must be subject to
procedures designed to prevent the use and dissemination of material,
non-public information regarding the Fund's portfolio. In the event (a)
the Adviser becomes registered as a broker-dealer or newly affiliated
with a broker-dealer, or (b) any new adviser to the Fund is a
registered broker-dealer or becomes affiliated with a broker-dealer,
the applicable adviser will implement and maintain a fire wall with
respect to its relevant personnel or broker-dealer affiliate regarding
access to information concerning the composition and/or changes to the
Fund's 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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    \7\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, the Adviser and its related personnel are
subject to the provisions of Rule 204A-1 under the Advisers Act
relating to codes of ethics. This Rule requires investment advisers
to adopt a code of ethics that reflects the fiduciary nature of the
relationship to clients as well as compliance with other applicable
securities laws. Accordingly, procedures designed to prevent the
communication and misuse of non-public information by an investment
adviser must be consistent with Rule 204A-1 under the Advisers Act.
In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful
for an investment adviser to provide investment advice to clients
unless such investment adviser has (i) adopted and implemented
written policies and procedures reasonably designed to prevent
violation, by the investment adviser and its supervised persons, of
the Advisers Act and the Commission rules adopted thereunder; (ii)
implemented, at a minimum, an annual review regarding the adequacy
of the policies and procedures established pursuant to subparagraph
(i) above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above.
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American Century Diversified Municipal Bond ETF
    According to the Registration Statement, the Fund will seek current
income that is exempt from federal income tax. The Fund will invest in
municipal and other debt securities. Under normal market conditions,\8\
the Fund will invest at least 80% of the Fund's net assets in municipal
securities (``Municipal Securities'').\9\
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    \8\ The term ``normal market conditions'' is defined in NYSE
Arca Rule 8.600-E(c)(5).
    \9\ Municipal securities primarily include debt obligations are
issued by or on behalf of the District of Columbia, states,
territories, commonwealths and possessions of the United States and
their political subdivisions (e.g., cities, towns, counties, school
districts, authorities and commissions) and agencies, authorities
and instrumentalities.
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    According to the Registration Statement, the Fund may invest in
Municipal Securities which, for purposes of this filing, are the
following:

 General obligation bonds
 Revenue (or limited obligation) bonds
 Private activity (or industrial development) bonds
 Municipal notes
 Municipal warrants
 Municipal lease obligations
 Zero-coupon municipal securities
 Municipal tobacco bonds

    The Fund may purchase new issues of Municipal Securities on a when-
issued or forward commitment basis.
    The Municipal Securities in which the Fund invests may be fixed,
variable or floating rate securities.
Other Investments
    While the Fund, under normal market conditions, will invest at
least 80% of its net assets in Municipal Securities as described above,
the Fund may, under normal market conditions, invest up to 20% of its
net assets in the aggregate in the securities and financial instruments
described below.

    The Fund may hold cash and cash equivalents.\10\ In addition, the
Fund may hold the following fixed income securities with maturities of
three months or more: Securities issued or guaranteed by the U.S.
government and its agencies and instrumentalities; commercial paper;
bankers' acceptances; notes; bonds (other than bonds that are Municipal
Securities); debentures; repurchase agreements; money market funds; and
certificates of deposit.
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    \10\ For purposes of this filing, the term ``cash equivalents''
has the meaning specified in Commentary .01(c) to NYSE Arca Rule
8.600-E.
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    The Fund may hold the following derivative instruments: U.S.
Treasury futures contracts; interest rate futures; futures on fixed
income securities or fixed income securities indexes; and exchange-
traded and over-the-counter (``OTC'') credit default swaps, interest
rate swaps, swaps on fixed income securities, and swaps on fixed income
securities indexes.
    The Fund may hold structured notes.
    The Fund may hold inverse floaters.
    The Fund may hold variable or floating rate fixed income securities
(other than variable or floating rate Municipal Securities).
    The Fund may purchase zero-coupon debt securities (other than zero-
coupon Municipal Securities).
    The Fund may purchase step-coupon or step-rate debt securities.
    The Fund may purchase pay-in-kind securities.
    The Fund may engage in short sales in any of the securities or
financial instruments in which it may invest.
    The Fund will not invest in securities or other financial
instruments that have not been described in this proposed rule change.
Creations and Redemptions of Shares
    According to the Registration Statement, the consideration for
purchase of Creation Units of the Fund generally will consist of cash.
Alternatively, Creation Units may at times be offered in exchange for
``Deposit Securities'' (i.e., the in-kind deposit of a designated
portfolio of securities) and the Cash Component as described below.
Together, the Deposit Securities and the Cash Component constitute the
``Fund Deposit.'' The Fund Deposit represents the minimum initial and
subsequent investment amount for a Creation Unit of the Fund. The
``Cash Component'' is an amount equal to the difference between the net
asset value (``NAV'') of the Shares (per Creation Unit) and the
``Deposit Amount,'' which is an amount equal to the market value of the
Deposit Securities, and serves to compensate for any differences
between the NAV per Creation Unit and the Deposit Amount. The size of a
Creation Unit will be 50,000 Shares, which is subject to change;
however, the size of a Creation Unit will not exceed 100,000 Shares.
    When partial or full cash purchases of Creation Units are available
or specified for the Fund, they will be effected in essentially the
same manner as in-kind purchases thereof. In the case of a partial or
full cash purchase, the ``Authorized Participant'' (as described below)
must pay the cash equivalent of the Deposit Securities it would
otherwise be required to provide through the in-kind purchase, plus the
same Cash Component required to be paid by an in-kind purchaser.
    The Adviser will make available through the NSCC on each business
day prior to the opening of business on the Exchange, the list of names
and the required number of shares of each Deposit Security and the
amount of the Cash Component (if any) to be included in the current
Fund Deposit.
    The Fund reserves the right to permit or require the substitution
of a ``cash in lieu'' amount to be added to the Cash Component to
replace any Deposit Security that may not be available in sufficient
quantity for delivery or that may not be eligible for transfer through
the facilities of the Depository Trust Company (``DTC'') or the
clearing process through the Continuous Net Settlement System of the
National Securities Clearing Corporation (``NSCC'') (``NSCC Clearing
Process''), or that the Authorized Participant is not able to trade due
to a trading restriction.\11\
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    \11\ The Adviser represents that, to the extent the Trust
effects the creation or redemption of Shares wholly or partially in
cash, such transactions will be effected in the same manner for all
Authorized Participants.
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    An Authorized Participant must submit an irrevocable order to
purchase Shares of the Fund, in proper form, no later than two hours
prior to the closing time of the Core Trading Session of the Exchange
(normally 2 p.m., Eastern time (``E.T.'')), on any business day to
receive that day's NAV.
    To be eligible to place orders and to create a Creation Unit of the
Fund, an entity must be: (i) A ``Participating Party,'' i.e., a broker-
dealer or other participant in the NSCC Clearing Process, or (ii) a DTC
Participant, and, in either case, must have executed an agreement with
the distributor with respect to creations and redemptions of Creation
Units (Authorized Participant Agreement). A Participating Party or DTC
Participant who has executed an Authorized Participant Agreement is
referred to as an ``Authorized Participant.''
    Shares of the Fund may be redeemed by Authorized Participants only
in Creation Units at their NAV next determined after receipt of a
redemption request in proper form and only on a business day.
    The Adviser will make available through the NSCC, prior to the
opening of business on the Exchange on each business day, the
designated portfolio of securities (including any portion of such
securities for which cash may be substituted) that will be applicable
to redemption requests received in proper form on that day (Fund
Securities), and an amount of cash as described below (Cash Amount) (if
any).
    Unless cash redemptions are available or specified for the Fund,
the redemption proceeds for a Creation Unit generally will consist of
Fund Securities, plus the Cash Amount, which is an amount equal to the
difference between the NAV of the Shares being redeemed, as next
determined after the receipt of a redemption request in proper form,
and the value of Fund Securities, less a redemption transaction fee.
    When partial or full cash redemptions of Creation Units are
available or specified, they will be effected in essentially the same
manner as in-kind purchases thereof. In the case of a partial or full
cash redemption, the Authorized Participant receives the cash
equivalent of the Fund Securities it would otherwise receive through an
in-kind redemption, plus the same Cash Amount to be paid to an in-kind
redeemer.\12\
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    \12\ See note 11, supra.
---------------------------------------------------------------------------

    Redemption requests for Creation Units of the Fund must be
submitted to the transfer agent by or through an Authorized
Participant. An Authorized Participant must submit an irrevocable
request to redeem Shares no later than two hours prior to the closing
of the regular trading session of the Exchange (normally 2:00 p.m.,
E.T.) on any business day, in order to receive that day's NAV.
Availability of Information
    The Fund will disclose on the Fund's website
(www.americancenturyetfs.com) at the start of each business day the
identities and quantities of the securities and other assets held by
the Fund that will form the basis of the Fund's calculation of its NAV
on that business day. The portfolio holdings so disclosed will be based
on information

as of the close of business on the prior business day and/or trades
that have been completed prior to the opening of business on that
business day and that are expected to settle on the business day.
    The website for the Fund will contain the following information, on
a per-Share basis, for the Fund: (1) The prior business day's NAV; (2)
the market closing price or midpoint of the bid-ask spread at the time
of NAV calculation (the ``Bid-Ask Price''); and (3) a calculation of
the premium or discount of the Bid-Ask Price against such NAV. In
addition, on each business day, before the commencement of trading in
Shares on the NYSE Arca, the Fund will disclose on its website the
identities and quantities of the portfolio securities and other assets
held by the Fund that will form the basis for the calculation of NAV at
the end of the business day.
    The Fund's portfolio holdings will be disclosed on the Fund's
website daily after the close of trading on the Exchange and prior to
the opening of trading on the Exchange the following day. On a daily
basis, the Fund will disclose the information required under NYSE Arca
Rule 8.600-E (c)(2) to the extent applicable. The website information
will be publicly available at no charge.
    The approximate value of the Fund's investments on a per-Share
basis, the IOPV, will be disseminated every 15 seconds during the
Exchange Core Trading Session (ordinarily 9:30 a.m. to 4:00 p.m.,
E.T.).
    Investors can also obtain the Fund's Statement of Additional
Information (``SAI'') and shareholder reports. The Fund's SAI and
shareholder reports will be available free upon request from the Trust,
and those documents and Form N-CSR may be viewed on-screen or
downloaded from the Commission's website at www.sec.gov. Information
regarding market price and trading volume of the Shares will be
continually available on a real-time basis throughout the day on
brokers' computer screens and other electronic services. Information
regarding the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers.
    Quotation and last sale information for the Shares will be
available via the Consolidated Tape Association (``CTA'') high-speed
line, and from the national securities exchange on which they are
listed. Quotation information from brokers and dealers or pricing
services will be available for Municipal Securities. Price information
for money market funds is available from the applicable investment
company's website and from market data vendors. Price information for
exchange-traded derivative instruments held by the Fund is available
from the applicable exchange. Price information for certain fixed
income securities held by the Fund is available through the Financial
Industry Regulatory Authority's (FINRA) Trade Reporting and Compliance
Engine (``TRACE''). Price information for certain Municipal Securities
held by the Fund is available through the Electronic Municipal Market
Access (``EMMA'') of the Municipal Securities Rulemaking Board
(``MSRB''). Pricing information regarding each asset class in which the
Fund will invest will generally be available through nationally
recognized data service providers through subscription agreements. In
addition, the indicative optimized portfolio value (``IOPV'')(which is
the Portfolio Indicative Value, as defined in NYSE Arca Rule 8.600-
E(c)(3)), will be widely disseminated at least every 15 seconds during
the Core Trading Session by one or more major market data vendors or
other information providers.\13\
---------------------------------------------------------------------------

    \13\ Currently, it is the Exchange's understanding that several
major market data vendors display and/or make widely available
Portfolio Indicative Values taken from CTA or other data feeds.
---------------------------------------------------------------------------

Investment Restrictions
    The Fund's investments will be consistent with its investment goal
and will not be used to provide multiple returns of a benchmark or to
produce leveraged returns.
    Under normal market conditions, except for periods of high cash
inflows or outflows,\14\ the Fund will satisfy the following criteria:
---------------------------------------------------------------------------

    \14\ ``Periods of high cash inflows or outflows'' as used
herein, mean rolling periods of seven calendar days during which
inflows or outflows of cash, in the aggregate, exceed 10% of the
Fund's net assets as of the opening of business on the first day of
such periods.
---------------------------------------------------------------------------

    i. The Fund will have a minimum of 20 non-affiliated issuers;
    ii. No single municipal securities issuer will account for more
than 10% of the weight of the Fund's portfolio;
    iii. No individual bond will account for more than 5% of the weight
of the Fund's portfolio;
    iv. The Fund will limit its investments in Municipal Securities of
any one state to 20% of the Fund's total assets and will be diversified
among issuers in at least 10 states;
    v. The Fund will be diversified among a minimum of five different
sectors of the municipal bond market.\15\
---------------------------------------------------------------------------

    \15\ The Fund's investments in Municipal Securities will include
investments in state and local (e.g., county, city, town) Municipal
Securities relating to such sectors as the following: Airports;
bridges and highways; hospitals; housing; jails; mass
transportation; nursing homes; parks; public buildings; recreational
facilities; school facilities; streets; and water and sewer works.
---------------------------------------------------------------------------

    Pre-refunded bonds will be excluded from the above limits. The
Adviser represents that, with respect to pre-refunded bonds (also known
as refunded or escrow-secured bonds, the issuer ``prerefunds'' the bond
by setting aside in advance all or a portion of the amount to be paid
to the bondholders when the bond is called. Generally, an issuer uses
the proceeds from a new bond issue to buy high grade, interest bearing
debt securities, including direct obligations of the U.S. government,
which are then deposited in an irrevocable escrow account held by a
trustee bank to secure all future payments of principal and interest on
the pre-refunded bonds. The escrow would be sufficient to satisfy
principal and interest on the call or maturity date and one would not
look to the issuer for repayment. Because pre-refunded bonds' pricing
would be valued based on the applicable escrow (generally U.S.
government securities), such pre-refunded securities would not be
readily susceptible to market manipulation and it would be unnecessary
to apply the diversification and weighting criteria set forth above.
Application of Generic Listing Requirements
    The Exchange is submitting this proposed rule change because the
portfolio for the Fund will not meet all of the ``generic'' listing
requirements of Commentary .01 to NYSE Arca Rule 8.600-E applicable to
the listing of Managed Fund Shares. The Fund's portfolio will meet all
such requirements except for those set forth in Commentary
.01(b)(1).\16\
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    \16\ Commentary .01(b)(1) to NYSE Arca Rule 8.600-E provides
that components that in the aggregate account for at least 75% of
the fixed income weight of the portfolio each shall have a minimum
original principal amount outstanding of $100 million or more.
---------------------------------------------------------------------------

    The Exchange believes that it is appropriate and in the public
interest to approve listing and trading of Shares of the Fund on the
Exchange notwithstanding that the Fund would not meet the requirements
of Commentary .01(b)(1) to Rule 8.600-E in that the Fund's investments
in municipal securities will be well-diversified.
    The Exchange believes that permitting Fund Shares to be listed and
traded on the Exchange notwithstanding that less than 75% of the weight
of the Fund's portfolio may consist of components with less than $100
million minimum

original principal amount outstanding would provide the Fund with
greater ability to select from a broad range of Municipal Securities,
as described above, that would support the Fund's investment goal.
    The Exchange believes that, notwithstanding that the Fund's
portfolio may not satisfy Commentary .01(b)(1) to Rule 8.600-E, the
Fund's portfolio will not be susceptible to manipulation. As noted
above, the Fund's investments, excluding pre-refunded bonds, as
described above, will be diversified among a minimum of 20 non-
affiliated issuers; no single municipal securities issuer will account
for more than 10% of the weight of the Fund's portfolio; no individual
bond will account for more than 5% of the weight of the Fund's
portfolio; the Fund will limit its investments in Municipal Securities
of any one state to 20% of the Fund's total assets and will be
diversified among issuers in at least 10 states; and the Fund will be
diversified among a minimum of five different sectors of the municipal
bond market.
    The Exchange notes that the Commission has previously approved an
exception from requirements set forth in Commentary .01(b) relating to
municipal securities similar to those proposed with respect to the
Fund.\17\
---------------------------------------------------------------------------

    \17\ See Securities Exchange Act Release Nos. 82974 (March 30,
2018), 83 FR 14698 (April 5, 2018) (SR-NYSEArca-2017-99) (Notice of
Filing of Amendment No. 3 and Order Granting Accelerated Approval of
a Proposed Rule Change, as Modified by Amendment No. 3, to List and
Trade Shares of the Hartford Schroders Tax-Aware Bond ETF Under NYSE
Arca Rule 8.600-E); 82166 (November 29, 2017), 82 FR 57497 (December
5, 2017) (SR-NYSEArca-2017-90) (Order Approving a Proposed Rule
Change, as Modified by Amendment No. 2, to List and Trade Shares of
the Hartford Municipal Opportunities ETF Under NYSE Arca Rule 8.600-
E).
---------------------------------------------------------------------------

    The Exchange notes that, other than Commentary .01(b)(1) to Rule
8.600-E, the Fund's portfolio will meet all other requirements of Rule
8.600-E.
Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Fund.\18\ Trading in Shares of the Fund
will be halted if the circuit breaker parameters in NYSE Arca Rule
7.12-E have been reached. Trading also may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable.
---------------------------------------------------------------------------

    \18\ See NYSE Arca Rule 7.12-E.
---------------------------------------------------------------------------

Trading Rules
    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. Shares will trade on
NYSE Arca from 4 a.m. to 8 p.m., E.T. in accordance with NYSE Arca Rule
7.34-E (Early, Core, and Late Trading Sessions). The Exchange has
appropriate rules to facilitate transactions in the Shares during all
trading sessions. As provided in NYSE Arca Rule 7.6-E, the minimum
price variation (``MPV'') for quoting and entry of orders in equity
securities traded on NYSE Arca is $0.01, with the exception of
securities that are priced less than $1.00 for which the MPV for order
entry is $0.0001.
    The Shares of the Fund will conform to the initial and continued
listing criteria under NYSE Arca Rule 8.600-E. Consistent with NYSE
Arca Rule 8.600-E(d)(2)(B)(ii), the Adviser will implement and
maintain, or be subject to, procedures designed to prevent the use and
dissemination of material non-public information regarding the actual
components of the Fund's portfolio. The Exchange represents that, for
initial and/or continued listing, the Fund will be in compliance with
Rule 10A-3 \19\ under the Act, as provided by NYSE Arca Rule 5.3-E. A
minimum of 100,000 Shares will be outstanding at the commencement of
trading on the Exchange. The Exchange will obtain a representation from
the issuer of the Shares that the NAV per Share will be calculated
daily and that the NAV and the Disclosed Portfolio will be made
available to all market participants at the same time. The Fund's
investments will be consistent with the Fund's investment goal and will
not be used to enhance leverage.
---------------------------------------------------------------------------

    \19\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by FINRA on behalf
of the Exchange, or by regulatory staff of the Exchange, which are
designed to detect violations of Exchange rules and applicable federal
securities laws. The Exchange represents that these procedures are
adequate to properly monitor Exchange trading of the Shares in all
trading sessions and to deter and detect violations of Exchange rules
and federal securities laws applicable to trading on the Exchange.\20\
---------------------------------------------------------------------------

    \20\ FINRA conducts cross-market surveillances on behalf of the
Exchange pursuant to a regulatory services agreement. The Exchange
is responsible for FINRA's performance under this regulatory
services agreement.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns, which could be
indicative of manipulative or other violative activity. When such
situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant trading violations.
    The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares with other
markets and other entities that are members of the Intermarket
Surveillance Group (``ISG''), and the Exchange or FINRA, on behalf of
the Exchange, or both, may obtain trading information regarding trading
in the Shares from such markets and other entities.\21\ In addition,
the Exchange may obtain information regarding trading in the Shares
from markets and other entities that are members of ISG or with which
the Exchange has in place a comprehensive surveillance sharing
agreement. In addition, FINRA, on behalf of the Exchange, is able to
access, as needed, trade information for certain fixed income
securities held by the Fund reported to FINRA's TRACE. FINRA also can
access data obtained from the MSRB relating to municipal bond trading
activity for surveillance purposes in connection with trading in the
Shares.
---------------------------------------------------------------------------

    \21\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
    All statements and representations made in this filing regarding
(a) the description of the portfolio, (b) limitations on portfolio
holdings or reference assets, or (c) the applicability of Exchange
listing rules specified in this rule filing shall constitute continued
listing requirements for listing the Shares of the Fund on the
Exchange.
    The issuer has represented to the Exchange that it will advise the
Exchange of any failure by the Fund to comply with the continued
listing requirements, and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will monitor for compliance with the
continued listing requirements. If the Fund is not in compliance with
the applicable listing requirements, the Exchange will commence
delisting procedures under NYSE Arca Rule 5.5-E(m).

Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
Equity Trading Permit Holders in an Information Bulletin (``Bulletin'')
of the special characteristics and risks associated with trading the
Shares. Specifically, the Bulletin will discuss the following: (1) The
procedures for purchases and redemptions of Shares in Creation Unit
aggregations (and that Shares are not individually redeemable); (2)
NYSE Arca Rule 9.2-E(a), which imposes a duty of due diligence on its
Equity Trading Permit Holders to learn the essential facts relating to
every customer prior to trading the Shares; (3) the risks involved in
trading the Shares during the Early and Late Trading Sessions when an
updated IOPV will not be calculated or publicly disseminated; (4) how
information regarding the IOPV and the Disclosed Portfolio is
disseminated; (5) the requirement that Equity Trading Permit Holders
deliver a prospectus to investors purchasing newly issued Shares prior
to or concurrently with the confirmation of a transaction; and (6)
trading information.
    In addition, the Bulletin will reference that the Fund is subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Act. The
Bulletin will also disclose that the NAV for the Shares will be
calculated after 4:00 p.m., E.T. each trading day.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \22\ that an exchange have rules that
are 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, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Rule 8.600-E. The
Exchange has in place surveillance procedures that are adequate to
properly monitor trading in the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable federal
securities laws. The Exchange or FINRA, on behalf of the Exchange, or
both, will communicate as needed regarding trading in the Shares with
other markets and other entities that are members of the ISG, and the
Exchange or FINRA, on behalf of the Exchange, or both, may obtain
trading information regarding trading in the Shares from such markets
and other entities. In addition, the Exchange may obtain information
regarding trading in the Shares from markets and other entities that
are members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement. In addition, FINRA, on
behalf of the Exchange, is able to access, as needed, trade information
for certain fixed income securities held by the Fund reported to TRACE.
FINRA also can access data obtained from the MSRB relating to municipal
bond trading activity for surveillance purposes in connection with
trading in the Shares. The Adviser is not a registered broker-dealer
but is affiliated with a broker-dealer. The Adviser has implemented a
``fire wall'' with respect to such broker-dealer affiliate regarding
access to information concerning the composition of and/or changes to
the Fund's portfolio.
    The Exchange believes that it is appropriate and in the public
interest to approve listing and trading of Shares of the Fund on the
Exchange notwithstanding that the Fund would not meet the requirements
of Commentary .01(b)(1) to Rule 8.600-E in that the Fund's investments
in municipal securities will be well-diversified. As noted above, the
Fund's investments will be well-diversified in that the Fund, excluding
pre-refunded bonds, as described above, will have a minimum of 20 non-
affiliated issuers; no single municipal securities issuer will account
for more than 10% of the weight of the Fund's portfolio; no individual
bond will account for more than 5% of the weight of the Fund's
portfolio; the Fund will limit its investments in Municipal Securities
of any one state to 20% of the Fund's total assets and will be
diversified among issuers in at least 10 states; and the Fund will be
diversified among a minimum of five different sectors of the municipal
bond market. With respect to the proposed exclusion for pre-refunded
bonds described above, generally, an issuer uses the proceeds from a
new bond issue to buy high grade, interest bearing debt securities,
including direct obligations of the U.S. government, which are then
deposited in an irrevocable escrow account held by a trustee bank to
secure all future payments of principal and interest on the pre-
refunded bonds. The escrow would be sufficient to satisfy principal and
interest on the call or maturity date and one would not look to the
issuer for repayment. Because pre-refunded bonds' pricing would be
valued based on the applicable escrow (generally U.S. government
securities), such pre-refunded securities would not be readily
susceptible to market manipulation and it would be unnecessary to apply
the diversification and weighting criteria set forth above in
``Investment Restrictions.''
    The Exchange believes that permitting Fund Shares to be listed and
traded on the Exchange notwithstanding that less than 75% of the weight
of the Fund's portfolio may consist of components with less than $100
million minimum original principal amount outstanding would provide the
Fund with greater ability to select from a broad range of municipal
securities, as described above, that would support the Fund's
investment objective.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the Exchange will obtain a representation from the issuer of the
Shares that the NAV per Share will be calculated daily and that the NAV
and the Disclosed Portfolio will be made available to all market
participants at the same time. In addition, a large amount of
information is publicly available regarding the Fund and the Shares,
thereby promoting market transparency. Quotation and last sale
information for the Shares will be available via the CTA high-speed
line, and from the national securities exchange on which they are
listed. Price information for Municipal Securities; cash equivalents;
fixed income securities with maturities of three months or more (as
described above); futures; exchange-traded and OTC swaps; structured
notes; inverse floaters; variable or floating-rate fixed income
securities (other than variable or floating rate Municipal Securities);
zero-coupon debt securities (other than zero-coupon Municipal
Securities); step-coupon or step-rate debt securities; and pay-in-kind
securities will be available from one or more major market data
vendors. Price information for certain fixed income securities held by
the Fund is available through the FINRA's TRACE. Price information for
certain Municipal Securities held by the Fund is available through
MSRB's EMMA.
    Prior to the commencement of trading, the Exchange will inform its

Equity Trading Permit Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares. Trading
in Shares of the Fund will be halted if the circuit breaker parameters
in NYSE Arca Rule 7.12-E have been reached or because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. Trading in the Shares will be
subject to NYSE Arca Rule 8.600-E(d)(2)(D), which sets forth
circumstances under which Shares of the Fund may be halted. In
addition, as noted above, investors will have ready access to
information regarding the Fund's holdings, the IOPV, the Disclosed
Portfolio, and quotation and last sale information for the Shares.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
an additional type of actively-managed exchange-traded product that
principally holds municipal securities and that will enhance
competition among market participants, to the benefit of investors and
the marketplace. As noted above, the Exchange has in place surveillance
procedures relating to trading in the Shares and may obtain information
via ISG from other exchanges that are members of ISG or with which the
Exchange has entered into a comprehensive surveillance sharing
agreement. In addition, as noted above, investors will have ready
access to information regarding the Fund's holdings, IOPV, Disclosed
Portfolio, and quotation and last sale information for the Shares.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange notes that the
proposed rule change will facilitate the listing and trading of an
additional type of actively-managed exchange-traded product that
principally holds municipal securities and that will enhance
competition among market participants, to the benefit of investors and
the marketplace.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \23\ and Rule 19b-4(f)(6) thereunder.\24\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\25\
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \24\ 17 CFR 240.19b-4(f)(6).
    \25\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \26\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\27\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
waiver of the 30-day delayed operative date is consistent with the
protection of investors and the public interest because the Commission
has previously approved an exception from requirements set forth in
Commentary .01(b) relating to municipal securities similar to those
proposed with respect to the Fund.\28\ Additionally, the Exchange
asserts that the waiver will permit the prompt listing and trading of
an additional issue of Managed Fund Shares that principally holds
municipal securities, which will enhance competition among issuers,
investment advisers and other market participants with respect to
listing and trading of issues of Managed Fund Shares that hold
municipal securities. The Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest because the proposed continued listing standards for
the Shares are substantially similar to those applicable to others
approved by the Commission for similar funds. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposed rule change operative upon filing.\29\
---------------------------------------------------------------------------

    \26\ 17 CFR 240.19b-4(f)(6).
    \27\ 17 CFR 240.19b-4(f)(6)(iii).
    \28\ See supra note 17 and accompanying text.
    \29\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \30\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEArca-2018-62 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2018-62. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the

proposed rule change between the Commission and any person, other than
those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2018-62, and should
be submitted on or before September 26, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
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    \31\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-19146 Filed 9-4-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Rules and Regulations]
[Page 33999-34001]
[DOCID:fr16jn10-6]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0477]
RIN 1625-AA00

Safety Zone; Fourth of July Fireworks Event, Cape Charles City
Harbor, Cape Charles, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 420-foot radius safety zone
on the navigable waters of Cape Charles City Harbor in Cape Charles,
VA, in support of the Fourth of July Fireworks event. This action is
intended to restrict vessel traffic movement to protect mariners and
spectators from the hazards associated with aerial fireworks displays.

DATES: This rule is effective from 8 p.m. to 10 p.m. on July 4, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0477 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0477 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Tiffany Duffy, Waterways Management
Division, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest since immediate action is needed to provide for the
safety of life and property on navigable waters. Additionally, this
temporary safety zone will be enforced for approximately two hours on
Sunday, July 4, 2010, while the fireworks display is in progress. This
safety zone should have a minimal impact on transiting vessels because
mariners are not precluded from using any portion of the waterway
except the area within the safety zone.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property, and

the environment during the fireworks event; therefore, a 30-day notice
is impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the event, and enhancing public and maritime safety.

Basis and Purpose

    On July 4, 2010, the Cape Charles Fire Department will sponsor a
fireworks display on the shoreline of the navigable waters of Cape
Charles City Harbor centered on position 37[deg]15'59'' N/
076[deg]01'12'' W (NAD 1983). Due to the need to protect mariners and
spectators from the hazards associated with the fireworks display, such
as the accidental discharge of fireworks, dangerous projectiles, and
falling hot embers or other debris, vessel traffic will be temporarily
restricted within 420 feet of the fireworks launch site.

Discussion of Rule

    The Coast Guard is establishing a safety zone on the navigable
waters of the Cape Charles City Harbor within the area bounded by a
420-foot radius circle centered on position 37[deg]15'59'' N/
076[deg]01'12'' W (NAD 1983). This safety zone will be established in
the vicinity of Cape Charles, VA, from 8 p.m. to 10 p.m. on July 4,
2010. In the interest of public safety, general navigation within the
safety zone will be restricted during the specified date and times.
Except for participants and vessels authorized by the Coast Guard
Captain of the Port or his representative, no person or vessel may
enter or remain in the regulated area.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; and (iii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the specified portion of the Cape Charles City Harbor from 8 p.m. to 10
p.m. on July 4, 2010. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons: (1) This rule will be enforced for only two hours on
July 4, 2010; (2) vessel traffic will be able to navigate safely around
the zone without significant impact to their transit plans; and (3)
before the effective period begins, we will issue maritime advisories.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing a safety zone around a
fireworks display and is expected to have no impact on the water or
environment. This zone is designed to protect mariners and spectators
from the hazards associated with aerial fireworks displays. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0477 to read as follows:

Sec.  165.T05-0477  Safety Zone; Fourth of July Fireworks Event, Cape
Charles City Harbor, Cape Charles, VA.

    (a) Regulated Area. The following area is a safety zone: specified
waters of the Captain of the Port Sector Hampton Roads zone, as defined
in 33 CFR 3.25-10, in the vicinity of Cape Charles City Harbor in Cape
Charles, VA and within 420 feet of position 37[deg]15'59'' N/
076[deg]01'12'' W (NAD 1983).
    (b) Definition: For the purposes of this part, Captain of the Port
Representative means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations: (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone number<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement Period: This regulation will be in effect from 8
p.m. to 10 p.m. on July 4, 2010.

    Dated: June 3, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2010-14469 Filed 6-15-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Notices]
[Page 39049]
[FR Doc No: 2019-17011]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. FAA-2019-45]

Subject: Heading Correction; Petition for Exemption; Summary of
Petition Received: The Boeing Company

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice; correction.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before August 12, 2019.

ADDRESSES: Send comments identified by docket number FAA-2013-0221
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Brenda Robeson<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    Background: When the original notice was published on July 23,
2019, the title incorrectly had NetJet Aviation, Inc. This corrects the
title to be The Boeing Company. The comment period remains the same,
ending on August 12, 2019.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 5, 2019.
Brandon Roberts,
Acting Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2013-0221.
    Petitioner: The Boeing Company.
    Section(s) of 14 CFR Affected: Sec. Sec.  61.75(d)(2) and 61.117.
    Description of Relief Sought: The Boeing Company (Boeing) requests
a renewal to Exemption No. 10871D, which provides relief from the
requirements of 14 CFR 61.75(d)(2) and 61.117 for pilots obtaining an
FAA Private Pilot certificate based on a foreign license. In addition,
Boeing requests revisions to Exemption 10871D to align the exemption
with Boeing's operations. Specifically, Boeing is requesting Exemption
No. 10871D be modified to (1) Expand the definition of what non-
crewmember supernumeraries may be carried on flights, (2) Remove the
requirement for a Market Surveys--Experimental Special Airworthiness
Certificate, (3) Expand the definition of what types of foreign pilots
are eligible to use the exemption, and Enable exempted customer pilots
to obtain training credit with their Foreign Civil Aviation Authority
for elements of customer sales demonstration flights that meet their
training requirements.

[FR Doc. 2019-17011 Filed 8-7-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 20, 2009 (Volume 74, Number 74)]
[Notices]
[Page 18036]
[DOCID:fr20ap09-137]

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DEPARTMENT OF TRANSPORTATION

Correction; Announcement of Withdrawal

AGENCY: Federal Aviation Administration.

ACTION: Correction; Announcement of Withdrawal.

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SUMMARY: The Federal Aviation Administration (FAA) published an
announcement in the Federal Register on October 24, 2008, requesting
review of a proposed amendment to the Noise Compatibility Program (NCP)
submitted for Gulfport Biloxi International Airport, Gulfport MS. The
proposed amendment to the Noise Compatibility Program was to be
approved or disapproved on or before April 16, 2009. Public comments
were to be submitted by December 16, 2008 to the address below. No
amendment to NCP was received therefore, neither FAA review or public
comment will be required. This Notice was published in error and is
being withdrawn.

FOR FURTHER INFORMATION CONTACT: Kevin Morgan, Federal Aviation
Administration, Jackson Airports District Office, 100 West Cross
Street, Jackson, Mississippi 39208,<PHONE_NUMBER>.

    Issued in Jackson, Mississippi on April 13, 2009.
Rans Black,
Manager, Jackson Airports District Office.
[FR Doc. E9-8867 Filed 4-17-09; 8:45 am]