[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Page 36792]
[FR Doc No: 2017-16561]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0041]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Safety Assurance Case; Withdrawal of Notice

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; withdrawal.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
withdrawal of a notice that was published in the Federal Register of
March 15, 2017.

DATES: August 7, 2017.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A63, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of March 15, 2017 (82 FR 13817), ``Agency Information
Collection Activities; Proposed Collection; Comment Request; Safety
Assurance Case,'' FDA requested comment on the information collection
associated with safety assurance cases (SACs).
    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.
    In the March 15, 2017, Federal Register notice, FDA proposed to
extend the information collection related to SACs (OMB control number
0910-0766). However, we are withdrawing the notice because, upon
further review of the information collection request (ICR) associated
with the notice and comments received on the information collection, we
have determined that the estimated burden expressed in the SAC ICR is
included as part of the estimated burden for the information
collections in the premarket notification (510(k)) ICR (OMB control
number 0910-0120).
    Because the information collected for safety assurance cases is
already included under another information collection approval, we have
discontinued the ICR and we are withdrawing the March 15, 2017, notice
requesting comment on the information collection.
    The guidance entitled ``Infusion Pumps Total Product Life Cycle;
Guidance for Industry and FDA Staff'' (https://www.fda.gov/ucm/groups/fdagov-public/@fdagov-meddev-gen/documents/document/ucm209337.pdf),
which provides recommendations on the inclusion of safety assurance
cases as part of the premarket submissions for new, changed, or
modified infusion pumps submitted by device manufacturers, continues to
provide the Agency's current thinking on this topic.

    Dated: August 2, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-16561 Filed 8-4-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 112 (Wednesday, June 10, 2020)]
[Rules and Regulations]
[Pages 35377-35379]
[FR Doc No: 2020-10569]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2020-0042; FRL-10009-61-Region 5]

Air Plan Approval; Wisconsin; Redesignation of the Newport State
Park Area in Door County to Attainment of the 2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) finds that the
Newport State Park area in Door County Wisconsin is attaining the 2015
ozone National Ambient Air Quality Standard (NAAQS or standard). EPA is
acting in accordance with a request from the Wisconsin Department of
Natural Resources (WDNR) to redesignate the area to attainment for the
2015 ozone NAAQS because the request meets the statutory requirements
for redesignation under the Clean Air Act (CAA), which WDNR submitted
on January 27, 2020. EPA is also approving, as a revision to the
Wisconsin State Implementation Plan (SIP), the State's plan for
maintaining the 2015 ozone NAAQS through 2030 in the area. Finally, EPA
finds adequate and is approving Wisconsin's 2023 and 2030 volatile
organic compound (VOC) and oxides of nitrogen (NOX) Motor
Vehicle Emission Budgets (MVEBs) for the area.

DATES: This final rule is effective June 10, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0042. All documents in the docket are listed in
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>The EPA Region 5 office is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays
and facility closures due to COVID 19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    This rule takes action on the January 27, 2020, submission from
WDNR requesting redesignation of the Newport State Park area in Door
County, Wisconsin to attainment for the 2015 ozone standard. The
background for this action is discussed in detail in EPA's proposal,
dated March 13, 2020 (85 FR 14608). In that rulemaking, we noted that,
under EPA regulations at 40 CFR part 50, the 2015 ozone NAAQS is
attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average ozone concentration is equal to or
less than 0.070 parts per million, when truncated after the third
decimal place, at all of the ozone monitoring sites in the area. (See
40 CFR 50.19 and appendix U of part 50.) Under the CAA, EPA may
redesignate nonattainment areas to attainment if sufficient, complete,
quality-assured data are available to determine that the area has
attained the standard and meets the other CAA redesignation
requirements in section 107(d)(3)(E). The proposed rule provides a
detailed discussion of how Wisconsin has met these CAA requirements.
    As discussed in the proposed rule, quality-assured and certified
monitoring data for 2017-2019 show that the area has attained the 2015
ozone standard. In the maintenance plan submitted for the area,
Wisconsin has demonstrated that the ozone standard will be maintained
in the area through 2030. Finally, Wisconsin has adopted 2023 and 2030
VOC and NOX MVEBs for the area that are supported by
Wisconsin's maintenance demonstration.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the March 13,
2020,

proposed rule. The comment period ended on April 13, 2020. We received
an anonymous request for an extension to the comment period; however,
inadequate grounds for the extension were asserted, and we did not
grant that request. Finalizing this action will not pose a risk to
public health and the environment, since the area has clean monitoring
data for the air pollutant in question and the area has met all the
applicable CAA requirements for redesignation.

III. What action is EPA taking?

    EPA is determining that the Newport State Park nonattainment area
in Door County Wisconsin is attaining the 2015 ozone standard, based on
quality-assured and certified monitoring data for 2017-2019 and that
the area has met the requirements for redesignation under section
107(d)(3)(E) of the CAA. EPA is thus changing the legal designation of
the area from nonattainment to attainment for the 2015 ozone standard.
EPA is also approving, as a revision to the Wisconsin SIP, the State's
maintenance plan for the area. The maintenance plan is designed to keep
the area in attainment of the 2015 ozone NAAQS through 2030. Finally,
EPA finds adequate and is approving the newly-established 2023 and 2030
MVEBs for the area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, this rule relieves the State of
planning requirements for this ozone nonattainment area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these
actions to become effective on the date of publication of these
actions.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 10, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: May 12, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.

    Title 40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. Section 52.2585 is amended by adding paragraph (jj) to read as
follows:

Sec.  52.2585   Control strategy: Ozone.

* * * * *
    (jj) Redesignation. Approval--On January 27, 2020, Wisconsin
submitted a request to redesignate the Newport State Park area in Door
County to attainment of the 2015 8-hour ozone standard. As part of the
redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision in eight years as
required by the CAA. The ozone maintenance plan also establishes 2023
and 2030 Motor Vehicle Emission Budgets (MVEBs) for the area. The 2023
MVEBs for the area are 0.00027 tpd for VOC and 0.00032 tpd for
NOX. The 2030 MVEBs for the area are 0.00019 tpd for VOC and
0.00016 tpd for NOX.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

0
4. Section 81.350 is amended by revising the entry for ``Door County,
WI'' in the table entitled ``Wisconsin-2015 8-Hour Ozone NAAQS [Primary
and Secondary]'' to read as follows:

Sec.  81.350   Wisconsin.

* * * * *

                                       Wisconsin--2015 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification
        Designated area \1\        -----------------------------------------------------------------------------
                                       Date \2\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Door County, WI...................       6/10/2020  Attainment...........  ..............  Marginal (Rural
                                                                                Transport).
Door County (part):
    Newport State Park Boundary...

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

* * * * *
[FR Doc. 2020-10569 Filed 6-9-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Notices]
[Pages 54357-54362]
[FR Doc No: 2015-22604]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75811; File No. SR-NYSEArca-2015-01]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 1 to Proposed Rule Change To Amend NYSE Arca Equities
Rule 5.2(j)(3), Commentary .02 Relating to Listing of Investment
Company Units Based on Municipal Bond Indexes

September 2, 2015.
    On January 16, 2015, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'' or
``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule
change to amend NYSE Arca Equities Rule 5.2(j)(3), Commentary .02
relating to the listing of Investment Company Units based on municipal
bond indexes. The proposed rule change was published for comment in the
Federal Register on February 4, 2015.\3\ On March 19, 2015, pursuant to
section 19(b)(2) of the Act,\4\ the Commission designated a longer
period within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\5\ On May 4, 2015, the Commission
published an order instituting proceedings under section 19(b)(2)(B) of
the Act \6\ to determine whether to approve or disapprove the proposed
rule change.\7\ On July 30, 2015, the Commission issued a notice of
designation of a longer period for Commission action on proceedings to
determine whether to approve or disapprove the proposed rule change.\8\
The Commission has received no comment letters on the proposed rule
change.
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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. 74175 (Jan. 29,
2015), 80 FR 6150 (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 74534, 80 FR 15834
(Mar. 25, 2015). The Commission designated a longer period within
which to take action on the proposed rule change and designated May
5, 2015, as the date by which it should approve, disapprove, or
institute proceedings to determine whether to disapprove the
proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 74863 (May 4, 2015),
80 FR 26591 (May 8, 2015) (``Order Instituting Proceedings'').
Specifically, the Commission instituted proceedings to allow for
additional analysis of the proposed rule change's consistency with
Section 6(b)(5) of the Act, which requires, among other things, that
the rules of a national securities exchange be ``designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade,'' and ``to protect investors and the
public interest.'' See id.
    \8\ See Securities Exchange Act Release No. 75569, 80 FR 46627
(Aug. 5, 2015). The Commission designated a longer period within
which to take action on the proposed rule change and designated
October 2, 2015 as the date by which it should approve or disapprove
the proposed rule change.
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    Pursuant to section 19(b)(1) \9\ of the Act \10\ and Rule 19b-4
thereunder,\11\ notice is hereby given that, on August 28, 2015, the
Exchange filed with the Commission Amendment No. 1 to the proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange.\12\ The

Commission is publishing this notice to solicit comments from
interested persons on the proposed rule change, as modified by
Amendment No. 1.
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    \9\ 15 U.S.C. 78s(b)(1).
    \10\ 15 U.S.C. 78a.
    \11\ 17 CFR 240.19b-4.
    \12\ Amendment No. 1 replaces SR-NYSEArca-2015-01 as originally
filed and supersedes such filing in its entirety. In Amendment No.
1, the Exchange proposes to amend NYSE Arca Equities Rule 5.2(j)(3),
Commentary .02(a)(2) to add the following criteria for listing on
the Exchange, pursuant to Rule 19b-4(e) under the Act, of a series
of Investment Company Units based on an index or portfolio of only
municipal bond components: (1) 75% of the weight of the index or
portfolio shall be issued in an offering with an aggregate size, as
set forth in the official statement of the offering, of $100 million
or more; (2) the average dollar amount outstanding of components of
the index or portfolio shall be at least $10 million; (3) each
component of the index or portfolio shall have a minimum principal
amount outstanding of at least $2 million; (4) the index or
portfolio must include at least 1,000 components; and (5) the index
or portfolio must include a minimum of 13 non-affiliated issuers.
Additionally, in Amendment No. 1, the Exchange proposes to remove
municipal securities from the exempted securities excluded from the
criterion in NYSE Arca Equities Rule 5.2(j)(3), Commentary .02(a)(5)
that an underlying index or portfolio (excluding one consisting
entirely of exempted securities) must include a minimum of 13 non-
affiliated issuers. In Amendment No. 1, the Exchange also describes
the bases for its proposed changes to the criteria in NYSE Arca
Equities Rule 5.2(j)(3), Commentary .02; explains that the proposed
criteria in proposed Commentary .02(a)(2)(B)(ii)-(v) would
facilitate the generic listing of funds based on municipal bond
index components that are sufficiently broad-based and liquid to
deter manipulation; and makes technical changes to the filing.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Equities Rule 5.2(j)(3),
Commentary .02 relating to listing of Investment Company Units based on
municipal bond indexes. The text of the proposed rule change is
available on the Exchange's Web site 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
    NYSE Arca Equities Rule 5.2(j)(3) permits the listing and trading,
including trading pursuant to unlisted trading privileges (``UTP''), of
Investment Company Units (``Units'').\13\ NYSE Arca Equities Rule
5.2(j)(3), Commentary .02 provides for listing on the Exchange pursuant
to Rule 19b-4(e) \14\ under the Act of a series of Units with an
underlying index or portfolio of Fixed Income Securities \15\ meeting
specified criteria.\16\ These ``generic'' listing criteria permit
listing and trading on the Exchange of series of Units meeting such
criteria without Commission approval of each individual product
pursuant to Section 19(b)(2) of the Act.\17\
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    \13\ An Investment Company Unit is a security that represents an
interest in a registered investment company that holds securities
comprising, or otherwise based on or representing an interest in, an
index or portfolio of securities (or holds securities in another
registered investment company that holds securities comprising, or
otherwise based on or representing an interest in, an index or
portfolio of securities). See NYSE Arca Equities Rule 5.2(j)(3)(A).
    \14\ 17 CFR 240.19b-4(e).
    \15\ Fixed Income Securities are described in NYSE Arca Equities
Rule 5.2(j)(3), Commentary .02 as debt securities that are notes,
bonds, debentures or evidence of indebtedness that include, but are
not limited to, U.S. Department of Treasury securities, government-
sponsored entity securities, municipal securities, trust preferred
securities, supranational debt and debt of a foreign country or a
subdivision thereof.
    \16\ The Commission approved NYSE Arca Equities Rule 5.2(j)(3),
Commentary .02 in Securities Exchange Act Release No. 55783 (May 17,
2007), 72 FR 29194 (May 24, 2007) (SR-NYSEArca-2007-36) (order
approving generic listing standards for series of Units based on
Fixed Income Indexes and Combination Indexes). The Commission also
approved generic listing standards for the American Stock Exchange
LLC (``Amex'') for Index Fund Shares based on Fixed Income Indexes
and Combination Indexes in Securities Exchange Act Release No. 55437
(March 9, 2007), 72 FR 12233 (March 15, 2007) (SR-Amex-2006-118).
The Commission has approved listing of exchange-traded funds based
on a fixed income index or portfolio. See, e.g., Securities Exchange
Act Release No. 48534 (September 24, 2003), 68 FR 56353 (September
30, 2003) (SR-Amex-2003-75) (order approving listing on Amex of
eight series of iShares Lehman Bond Funds).
    \17\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    NYSE Arca Equities Rule 5.2(j)(3), Commentary .02(a)(2) provides
that, in order to be listed and traded pursuant to Rule 19b-4(e),
components of an index or portfolio that in aggregate account for at
least 75% of the weight of the index or portfolio each shall have a
minimum original principal amount outstanding of $100 million or
more.\18\ The Exchange proposes to amend its generic listing criteria
applicable to Units to better apply to the listing of Units based on
indexes that include municipal bonds because the features of such bonds
differ from those of most other Fixed Income Securities.\19\
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    \18\ This Amendment No. 1 to SR-NYSEArca-2015-01 replaces SR-
NYSEArca-2015-01 as originally filed and supersedes such filing in
its entirety.
    \19\ The Commission previously has approved proposed rule
changes relating to listing and trading on the Exchange of Units
based on municipal bond indexes. See Securities Exchange Act Release
Nos. 67985 (October 4, 2012), 77 FR 61804 (October 11, 2012) (SR-
NYSEArca-2012-92) (order approving proposed rule change relating to
the listing and trading of iShares 2018 S&P AMT-Free Municipal
Series and iShares 2019 S&P AMT-Free Municipal Series under NYSE
Arca Equities Rule 5.2(j)(3), Commentary .02); 67729 (August 24,
2012), 77 FR 52776 (August 30, 2012) (SR-NYSEArca-2012-92) (notice
of proposed rule change relating to the listing and trading of
iShares 2018 S&P AMT-Free Municipal Series and iShares 2019 S&P AMT-
Free Municipal Series under NYSE Arca Equities Rule 5.2(j)(3),
Commentary .02) (``iShares 2018 Notice''); 72523, (July 2, 2014), 79
FR 39016 (July 9, 2014) (SR-NYSEArca-2014-37) (order approving
proposed rule change relating to the listing and trading of iShares
2020 S&P AMT-Free Municipal Series under NYSE Arca Equities Rule
5.2(j)(3), Commentary .02); 72172 (May 15, 2014), 79 FR 29241 (May
21, 2014) (SR-NYSEArca-2014-37) (notice of proposed rule change
relating to the listing and trading of iShares 2020 S&P AMT-Free
Municipal Series under NYSE Arca Equities Rule 5.2(j)(3), Commentary
.02) (``iShares 2020 Notice''); 72464 (June 25, 2014), 79 FR 37373
(July 1, 2014) (File No. SR-NYSEArca-2014-45) (order approving
proposed rule change governing the continued listing and trading of
shares of the PowerShares Insured California Municipal Bond
Portfolio, PowerShares Insured National Municipal Bond Portfolio,
and PowerShares Insured New York Municipal Bond Portfolio)
(``PowerShares Order''); 75468 (July 16, 2015), 80 FR 43500 (July
22, 2015) (SR-NYSEArca-2015-25) (order approving proposed rule
change relating to the listing and trading of iShares iBonds Dec
2021 AMT-Free Muni Bond ETF and iShares iBonds Dec 2022 AMT-Free
Muni Bond ETF under NYSE Arca Equities Rule 5.2(j)(3))(``iShares
2021/2022 Order''); 74730 (April 15, 2015), 76 FR 22234 (April 21,
2015) (notice of proposed rule change relating to the listing and
trading of iShares iBonds Dec 2021 AMT-Free Muni Bond ETF and
iShares iBonds Dec 2022 AMT-Free Muni Bond ETF under NYSE Arca
Equities Rule 5.2(j)(3), Commentary .02) (``iShares 2021/2022
Notice''); 74730 [sic] 75376 (July 7, 2015), 80 FR 40113 (July 13,
2015) (SR-NYSEArca-2015-18) (order approving proposed rule change
relating to the listing and trading of Vanguard Tax-Exempt Bond
Index Fund under NYSE Arca Equities Rule 5.2(j)(3)). The Commission
also has issued a notice of filing and immediate effectiveness of a
proposed rule change relating to listing and trading on the Exchange
of shares of the iShares Taxable Municipal Bond Fund. See Securities
Exchange Act Release No. 63176 (October 25, 2010), 75 FR 66815
(October 29, 2010) (SR-NYSEArca-2010-94). The Commission has
approved for Exchange listing and trading of shares of two actively
managed funds of the PIMCO ETF Trust that principally hold municipal
bonds. See Securities Exchange Act Release No. 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). 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).

---------------------------------------------------------------------------

    The Exchange proposes to amend NYSE Arca Equities Rule 5.2(j)(3),
Commentary .02(a)(2) to provide an alternative for Units based on an
index or portfolio of municipal bond securities to the criterion that
components that in the aggregate account for 75% of the weight of the
index or portfolio have a minimum original principal amount outstanding
of $100 million or more. Specifically, the Exchange proposes that, with
respect to an index or portfolio of only municipal bond components, the
index or portfolio shall meet the following criteria:
     75% of the weight of the index or portfolio shall be
issued in an offering with an aggregate size, as set forth in the
official statement of the offering, of $100 million or more (the ``75%
Requirement'');
     the average dollar amount outstanding of components of the
index or portfolio shall be at least $10 million;
     each component of the index or portfolio shall have a
minimum principal amount outstanding of at least $2 million;
     the index or portfolio must include at least 1,000
components; and
     the index or portfolio must include a minimum of 13 non-
affiliated issuers.
    With respect to proposed Commentary .02(a)(2)(B)(i), the Exchange
believes it is appropriate to calculate components of a municipal bond
index differently from other Fixed Income Securities for purposes of
the 75% weighting requirement because municipal bond offerings differ
from U.S. Treasury, Government Sponsored Entities (``GSEs''), or other
fixed income offerings in a variety of ways. Principally, municipal
bonds are issued with either ``serial'' or ``term'' maturities or some
combination thereof. The official statement issued in connection with a
municipal bond offering describes the terms of the component bonds and
the issuer and/or obligor on the related bonds. Such an offering is
comprised of a number of specific maturity sizes and is based on a
specified project or group of projects and funded by the same revenue
or other funding sources identified in the official statement.\20\ The
entire issue or offering that includes such maturity sizes (sometimes
also referred to as the ``deal size'') receives the same credit rating
and the various maturities are all subject to the provisions set forth
in the official statement.\21\
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    \20\ There are two principal types of municipal bonds--general
obligation, which are issued to raise capital supported by the
taxing power of the issuer, and revenue bonds, which fund projects
supported by the income these projects generate. Multiple maturities
allow municipal bond issuers to better match and manage the timing
of revenues and expenses associated with municipal bond offerings
and projects financed thereby, and allow issuers to reduce their
cost of funding over time. This is especially important given the
long-term nature of the projects that secure municipal bond
offerings and intermittent cash flows generated from the projects or
other revenue sources. The issuer is able to pay down the municipal
bond offering, lowering the amount outstanding, and thereby paying
less interest over the life of the issue in contrast to an issue
with a term maturity.
    \21\ Financial information vendors provide deal size as well as
maturity size.
---------------------------------------------------------------------------

    Because the individual municipal bond components of an index may
predominantly have an original principal amount outstanding of less
than $100 million (although part of a municipal bond offering of $100
million or greater), NYSE Arca Equities Rule 5.2(j)(3), Commentary .02
would not generally permit listing under Rule 19b-4(e) of Units based
on a municipal bond index. The Exchange believes the proposed amendment
to Commentary .02(a)(2) would facilitate listing of Units based on
municipal bond indexes by permitting the Exchange, in applying its
generic listing criteria, to take into account the aggregate size of
the municipal bond offering, as set forth in the applicable official
statement, of which an index or portfolio component is part.
    The Exchange notes that major municipal bond indexes, while they
include individual bond maturities as index components, include ``deal
size'' as a factor in the criteria for index constituents and
additions. For example, the index methodology for the S&P National AMT-
Free Municipal Bond Index specifies that each bond must be a
constituent of a deal where the deal's original offering amount was at
least $100 million.\22\ In addition, for Barclays Capital municipal
bond indexes, the index methodology for the Barclays Capital
Investment-Grade Municipal Index specifies that a bond in the index
must be issued as part of a transaction of at least $75 million; and
for the Barclays Capital High-Yield Municipal Index and the Barclays
Capital Enhanced State Specific Indices, the bond constituents must be
issued as part of a transaction of at least $20 million.\23\
---------------------------------------------------------------------------

    \22\ Source: Standard & Poor's, available at
www.us.spindices.com.
    \23\ Source: Barclays Capital Municipal Index Research.
---------------------------------------------------------------------------

    The Commission previously has approved listing and trading of Units
where the applicable municipal index components did not individually
meet the 75% percentage requirement of NYSE Arca Equities Rule
5.2(j)(3), Commentary .02(a)(2)(A).\24\ As stated in the iShares 2020
Notice, for example, the investment adviser (Blackrock Fund Advisors or
``BFA'') for the iShares 2020 S&P AMT-Free Municipal Series has
represented that the nature of the municipal bond market and municipal
bond instruments makes it feasible to categorize individual issues
represented by CUSIPs (i.e., the specific identifying number for a
security) into categories according to common characteristics--
specifically, rating, purpose, geographical region, and maturity. BFA
represented that bonds that share similar characteristics tend to trade
similarly to one another; therefore, within these categories, the
issues may be considered fungible from a portfolio management
perspective, allowing one CUSIP to be represented by another that
shares similar characteristics for purposes of developing an investment
strategy.\25\ Therefore, while a relatively low percentage of the
weight of the applicable index components may be part of an aggregate
size offering of $100 million or more, the nature of the municipal bond
market makes such components relatively fungible for investment
purposes when aggregated into categories such as ratings, purpose,
geographical region, and maturity. In addition, BFA represented that,
within a single municipal bond issuer, there are often multiple
contemporaneous or sequential issuances that have the same rating,
structure and maturity, but have different CUSIPs; these separate
issues by the same issuer are also likely to trade similarly to one
another. Individual CUSIPs within the applicable municipal bond index
that share characteristics with other CUSIPs based on rating, purpose,
geographical region, and maturity have a high yield to maturity
correlation, and frequently have a correlation of one or close to one.
Such correlation demonstrates that the CUSIPs within their respective
category behave similarly.
---------------------------------------------------------------------------

    \24\ See note 19, supra.
    \25\ See also iShares 2021/2022 Notice, note 19, supra.
---------------------------------------------------------------------------

    Likewise, as noted above, the individual maturity sizes that
comprise a municipal bond offering share a number of important
features, including credit rating and the purpose and terms of the
offering as set forth in the applicable official statement. As with
individual CUSIPs in an index that share certain characteristics, as
described above, the individual maturity sizes comprising the municipal
bond offering can be expected to be

relatively fungible for investment purposes. The Exchange believes that
the proposed rule change is reasonable and appropriate in that pricing
and liquidity of such maturity sizes is predominately based on the
common characteristics of the aggregate issue of which the municipal
bond is part. Thus, consideration of the aggregate size of the
municipal bond offering rather than the individual bond component does
not raise concerns regarding pricing or liquidity of the applicable
municipal bond index components or of the Units overlying the
applicable index.
    With respect to the criteria in proposed Commentary
.02(a)(2)(B)(ii) through (v), the Exchange believes such criteria would
limit generic listing of funds based on municipal bond index components
that are sufficiently broad-based and liquid to deter potential
manipulation of the Units. In particular, the proposed requirement that
the average dollar amount outstanding of components be at least $10
million is comparable to the average dollar amount outstanding for
index components of municipal bond indexes underlying funds previously
approved by the Commission for Exchange trading.\26\ The Exchange, in
proposing the listing of these other funds, believed they would not be
readily susceptible to manipulation and such funds are currently
trading in a fair and orderly manner. Similarly, the proposed
requirements that each component have a minimum principal amount
outstanding of at least $2 million, combined with the 75% Requirement,
would assure that individual maturities within an index or portfolio be
of substantial size. The substantial size of a large proportion of
components in the index or portfolio further deters the susceptibility
of the Units to manipulation. Finally, the proposed requirement that an
index or portfolio include at least 1,000 components and include a
minimum of 13 non-affiliated issuers is comparable to the number of
index components of municipal bond indexes underlying funds previously
approved by the Commission for Exchange trading \27\ and the current
requirement in Commentary .02(a)(5).\28\ These requirements would
effectively require that index or portfolio components have a total
dollar amount outstanding of at least $10 billion, which, would limit
listing of Units under the [sic] Rule 19b-4(e) to those based on
underlying indexes of substantial size and multiple securities.
---------------------------------------------------------------------------

    \26\ See, e.g., 2021/2022 Order and PowerShares Order, note 19,
supra.
    \27\ See, e.g., PowerShares Order, note 19, supra.
    \28\ The Exchange notes that an index or portfolio underlying a
series of Units also would be required to meet the requirement of
NYSE Arca Equities Rule 5.2(j)(3), Commentary .02(a)(4) that ``[n]o
component fixed-income security (excluding Treasury Securities and
GSE Securities) shall represent more than 30% of the weight of the
index or portfolio, and the five most heavily weighted component
fixed-income securities in the index or portfolio shall not in the
aggregate account for more than 65% of the weight of the index or
portfolio''.
---------------------------------------------------------------------------

    In addition, because the Exchange's proposed alternative listing
criteria for Units based on municipal bond indexes or portfolios would
require a minimum of 13 non-affiliated issuers, the Exchange proposes
to change NYSE Arca Equities Rule 5.2(j)(3), Commentary .02(a)(5) \29\
so that municipal securities could not be among the exempted securities
in an index or portfolio underlying a Unit that is not subject to the
minimum 13 non-affiliated issuer requirement.
---------------------------------------------------------------------------

    \29\ NYSE Arca Equities Rule 5.2(j)(3), Commentary .02(a)(5)
provides that an underlying index or portfolio (excluding one
consisting entirely of exempted securities) must include a minimum
of 13 non-affiliated issuers. Municipal securities are exempted
securities under Section 3(a)(12)(A) of the Act.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) \30\ of the Act, in general, and furthers the
objectives of section 6(b)(5),\31\ in particular, in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanisms of
a free and open market and a national market system, and, in general,
to protect investors and the public interest.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78f(b).
    \31\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change applicable to
trading pursuant to generic listing and trading criteria, together with
the Exchange's surveillance procedures applicable to trading in the
securities covered by the proposed rules, serve to foster investor
protection. The proposed rule change would also enhance market
competition by assisting in bringing issues of Units with an underlying
index of municipal securities to market more quickly, consistent with
the Commission's adoption of Rule 19b-4(e) under the Act.
    The Commission has previously approved proposed rule changes
relating to listing and trading on the Exchange of Units based on
municipal bond indexes and issues of Managed Fund Shares that hold
municipal bonds.\32\ With respect to proposed Commentary
.02(a)(2)(B)(i), the Exchange notes that major municipal bond indexes,
while they include individual bond maturities as index components,
include ``deal size'' as a factor in the criteria for index
constituents and additions. As noted above, municipal bonds that share
similar characteristics tend to trade similarly to one another;
therefore, within these categories, the issues may be considered
fungible from a portfolio management perspective, allowing one CUSIP to
be represented by another that shares similar characteristics for
purposes of developing an investment strategy.\33\ Therefore, while a
relatively low percentage of the weight of the applicable index
components may be part of an offering with an aggregate size of $100
million or more, the nature of the municipal bond market makes such
components relatively fungible for investment purposes when aggregated
into categories such as ratings, purpose, geographical region, and
maturity. As with individual CUSIPs in an index that share certain
characteristics, as described above, the individual maturity sizes
comprising a municipal bond offering can be expected to be relatively
fungible for investment purposes. The Exchange believes that the
proposed rule change is reasonable and appropriate in that pricing and
liquidity of such maturity sizes is predominately based on the common
characteristics of the municipal bond offering of which the municipal
bond component is part. Thus, consideration of the municipal bond
offering rather than the individual bond component does not raise
concerns regarding pricing or liquidity of the applicable municipal
bond index components or of the Units overlying the applicable index.
In addition, financial information vendors provide deal size, as well
as maturity size information, for each municipal bond issue.
---------------------------------------------------------------------------

    \32\ See note 19, supra.
    \33\ See iShares 2018 Notice, iShares 2020 Notice and iShares
2021/2022 Notice, note 19, supra.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that Units
based on an index or portfolio that includes municipal bond components
would be listed and traded on the Exchange pursuant to the initial and
continued listing criteria in NYSE Arca Equities Rule 5.2(j)(3). The
proposed amendment to NYSE Arca Equities Rule 5.2(j)(3), Commentary
.02(a)(2) would better accommodate listing of Units based on

indexes that include municipal bonds, in view of features of such bonds
that differ from those of most other Fixed Income Securities. In
connection with establishing compliance with NYSE Arca Equities Rule
5.2(j)(3), Commentary .02(a)(2), for an index or portfolio of municipal
bond components that does not meet the requirement that components that
in the aggregate account for least 75% of the weight of the index or
portfolio each shall have a minimum original principal amount
outstanding of $100 million or more, individual municipal bond
components in an index or portfolio would be required to be part of an
offering of substantial size (i.e., at least $100 million aggregate
size). The Exchange believes that the $100 million minimum threshold
would help ensure that a substantial percentage of the applicable index
components are liquid. The proposed requirement that the average dollar
amount outstanding of components be at least $10 million is comparable
to the average dollar amount outstanding for index components of
municipal bond indexes underlying funds previously approved by the
Commission for Exchange trading.\34\
---------------------------------------------------------------------------

    \34\ See, e.g., 2021/2022 Order and PowerShares Order, note 19,
supra.
---------------------------------------------------------------------------

    The proposed requirement that that [sic] each component have a
minimum principal amount outstanding of at least $2 million, combined
with the 75% Requirement, would assure that individual maturities
within an index or portfolio be of substantial size. The proposed
requirement that an index or portfolio include at least 1,000
components is comparable to the number of index components of municipal
bond indexes underlying funds previously approved by the Commission for
Exchange trading.\35\ Such requirement would effectively require that
index or portfolio components have a total dollar amount outstanding of
at least $10 billion, which would facilitate listing of Units based on
underlying indexes of substantial size. The proposed requirement that
an index or portfolio include a minimum of 13 non-affiliated issuers,
which is based on the existing requirement in Commentary .02(a)(5),
would facilitate generic listing of Units that are diversified and
broad-based.
---------------------------------------------------------------------------

    \35\ See, e.g., PowerShares Order, note 19, supra.
---------------------------------------------------------------------------

    Finally, the proposed amendment to NYSE Arca Equities Rule
5.2(j)(3), Commentary .02(a)(5) to exclude municipal securities from
the types of exempted securities in an index or portfolio that is
excepted from the requirement that an index or portfolio underlying a
Unit have at least 13 non-affiliated issuers would require that the
index or portfolio include a minimum of 13 non-affiliated issuers as
set forth in proposed Commentary .02(a)(2)(B)(v).
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanisms of
a free and open market and a national market system, and, in general,
to protect investors and the public interest in that it would
facilitate the listing and trading of additional types of exchange-
traded funds that hold municipal bonds pursuant to the generic listing
criteria of NYSE Arca Equities Rule 5.2(j)(3), Commentary .02, and thus
would enhance competition among market participants, to the benefit of
investors and the marketplace. The Exchange is proposing to modify the
criteria for qualifying Units based on a Fixed Income Securities index
or portfolio that includes municipal bond components by applying the
same quantitative threshold (i.e., $100 million or more) to the
aggregate size of the municipal bond offering as the threshold that
applies to component Fixed Income Securities generally, as set forth in
current Rule 5.2(j)(3), Commentary .02(a)(2). The Exchange believes
that applying the $100 million threshold to the aggregate size of the
municipal bond offering rather than to individual maturities of the
offering is appropriate in view of differences in the characteristics
of municipal bond issuances from issuances of other Fixed Income
Securities, as described above, while, at the same time, assuring that
any individual municipal bond component is part of an offering of
substantial size (i.e., at least $100 million aggregate size). In
addition, the Exchange believes that the proposed criteria in proposed
Commentary .02(a)(2)(B)(ii) through (v) would facilitate generic
listing of funds based on municipal bond index components that are
sufficiently broad-based and liquid to deter potential manipulation.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competition among exchanges. The Exchange
believes that the proposed rule change would remove a burden on
competition for issuers of municipal bond offerings to provide that the
Exchange's rules regarding the listing and trading of Units pursuant to
Commentary .02 of Rule 5.2(j)(3) are evaluated on a similar basis to
other fixed income offerings. As discussed above, because the ``deal
size'' associated with a municipal bond offering is deemed the relevant
basis for determining pricing and liquidity of maturity sizes of
municipal bond components that comprise an index, the Exchange believes
that the proposed rule change addresses the unique characteristics of
municipal bond offerings as compared to other fixed income products in
a manner consistent with the existing requirements of Commentary
.02(a)(2) of Rule 5.2(j)(3).

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. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as modified by Amendment No. 1, 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_ADDRESS>Please include
File Number SR-NYSEArca-2015-01 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-2015-01. 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 Web site (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 Web site 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 10:00 a.m. and 3:00 p.m. Copies of
such filing will also be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca -2015-01 and should be submitted on or before
September 21, 2015.\36\
---------------------------------------------------------------------------

    \36\ The Commission believes that a 10-day comment period is
reasonable, given the requirement that the Commission act on the
proposed rule change by October 2, 2015. A 10-day period will
provide adequate time for comment. See supra notes 7 and 8.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\37\
---------------------------------------------------------------------------

    \37\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-22604 Filed 9-8-15; 8:45 am]
 BILLING CODE 8011-01-P


39071 Federal Register / Vol. 68, No. 126 / Tuesday, July 1, 2003 / Notices Gulfstream states that copies of its filing have been mailed to all affected customers, interested state commissions, and all parties listed on the Official Service List compiled by the Secretary of the Commission in this proceeding. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with § 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http:// www. ferc. gov using the `` FERRIS'' link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at FERCOnlineSupport@ ferc. gov or tollfree at ( 866) 208   3676, or TTY, contact ( 202) 502   8659. The Commission strongly encourages electronic filings. See 18 CFR 385.2001( a)( 1)( iii) and the instructions on the Commission's Web site under the `` e Filing'' link. Protest Date: June 30, 2003.

Linda Mitry, Acting Secretary. [ FR Doc. 03   16610 Filed 6   30   03; 8: 45 am]

BILLING CODE 6717   01   P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Docket No. RP03   221   000]

High Island Offshore System, L. L. C.; Notice of Informal Settlement Conference June 25, 2003. Take notice that an informal settlement conference will be convened in this proceeding commencing at 10 a. m. on July 1, 2003, at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, for the purpose of exploring the possible settlement of the abovereferenced dockets. Any party as defined by 18 CFR 385.102( c), or any participant as defined by 18 CFR 385.102( b), is invited to attend. Persons wishing to become a party must move to intervene and receive intervenor status pursuant to the Commission's regulations ( 18 CFR 385.214). For additional information, please contact Donald Heydt at ( 202) 502   8740, donald. heydt@ ferc. gov or Irene Szopo at ( 202) 502   8323, irene. szopo@ ferc. gov.

Linda Mitry, Acting Secretary. [ FR Doc. 03   16611 Filed 6   30   03; 8: 45 am]

BILLING CODE 6717   01   P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Docket No. RP03   527   000]

Williston Basin Interstate Pipeline Company; Notice of Tariff Filing June 25, 2003. Take notice that on June 20, 2003, Williston Basin Interstate Pipeline Company ( Williston Basin), tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following revised tariff sheets to become effective July 20, 2003:

Sixth Revised Sheet No. 235 Sixth Revised Sheet No. 235A Fourth Revised Sheet No. 736 Fourth Revised Sheet No. 738 Third Revised Sheet No. 739 Third Revised Sheet No. 740 First Revised Sheet No. 740A Williston Basin states that it is proposing a number of changes to the provisions of its Receipt Point Operational Balancing Agreement ( ROBA), which will enhance and provide for added flexibility for this service. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with § 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http:// www. ferc. gov using the `` FERRIS'' link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at FERCOnlineSupport@ ferc. gov or tollfree at ( 866) 208   3676, or TTY, contact ( 202) 502   8659. The Commission strongly encourages electronic filings. See 18 CFR 385.2001( a)( 1)( iii) and the instructions on the Commission's Web site under the `` e Filing'' link. Comment Date: July 2, 2003.

Magalie R. Salas, Secretary. [ FR Doc. 03   16612 Filed 6   30   03; 8: 45 am]

BILLING CODE 6717   01   P ENVIRONMENTAL PROTECTION AGENCY [ OEI   2003   0026; FRL   7521   4]

Toxic Chemical Release Reporting; Alternate Threshold for Low Annual Reportable Amounts; Request for Comment on Renewal Information Collection AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this notice announces that EPA is planning to submit the following continuing Information Collection Request ( ICR) to the Office of Management and Budget ( OMB) pursuant to the procedures described in 5 CFR 1320.12: Alternate Threshold for Low Annual Reportable Amounts, Toxic Chemical Release Reporting ( EPA ICR No. 1704.07, OMB No. 2070   0143). This ICR covers the reporting and record keeping requirements associated with reporting under the alternate threshold for reporting to the Toxics Release Inventory ( TRI). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. EPA ICR No. 1704.06 was approved by OMB on March 10, 2003 with a shorter than usual clearance in order to provide the EPA an opportunity to examine in more detail the TRI burden estimates and opportunities for reducing burden and enhancing the practical utility of the data. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

VerDate Jan< 31> 2003 16: 39 Jun 30, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 01JYN1. SGM 01JYN1 39072 Federal Register / Vol. 68, No. 126 / Tuesday, July 1, 2003 / Notices DATES: Comments, identified by the docket control number OEI   2003   0026, must be submitted on or before July 31, 2003. ADDRESSES: Comments may be submitted by mail, electronically, or in person. Please follow the detailed instructions for each method as provided in Unit III. of the SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION: For general information, contact The Emergency Planning and Community Right to Know Hotline at ( 800) 424   9346 or ( 703) 412   9810, TDD ( 800) 553   7672, http:// www. epa. gov/ epaoswer/ hotline/. For technical information about this ICR renewal, contact: Judith Kendall, Toxics Release Inventory Program Division, OEI ( 2844T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460, Telephone: 202   566   0750; Fax: 202   566   0727; email: kendall. judith@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Does This Notice Apply to Me?

A. Affected Entities: Entities that will be affected by this action are those facilities that manufacture, process, or otherwise use certain toxic chemicals listed on the Toxics Release Inventory ( TRI) and which are required under section 313 of the Emergency Planning and Community Right to Know Act of 1986 ( EPCRA), to report annually to EPA their environmental releases of such chemicals. Currently, those industries with the following SIC code designations ( that meet all other threshold criteria for TRI reporting) must report toxic chemical releases and other waste management activities:   20   39, manufacturing sector   10, metal mining ( except for SIC codes 1011, 1081, and 1094)   12, coal mining ( except for SIC code1241 and extraction activities)   4911, 4931 and 4939, electrical utilities that combust coal and/ or oil for the purpose of generating power for distribution in commerce.   4953, RCRA Subtitle C hazardous waste treatment and disposal facilities   5169, chemicals and allied products wholesale distributors   5171, petroleum bulk plants and terminals   7389, solvent recovery services, and   Federal facilities in any SIC code To determine whether you or your business is affected by this action, you should carefully examine the applicability provisions at 40 CFR part 372 and section 4( a) of the Supporting Statement of the information collection. If you have any questions regarding the applicability of this action to a particular entity, consult the person( s) listed in the FOR FURTHER INFORMATION CONTACT section.

II. How Can I Get Additional Information or Copies of This Document and Other Support Documents?

A. In Person The Agency has established an official public docket for this action under Docket ID no. OEI   2003   0026. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of this official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the OEI Docket in the EPA Docket Center, ( EPA/ DC) EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is ( 202) 566   1744, and the telephone number for the OEI Docket is ( 202) 566   1752.

B. Electronic Availability Electronic copies of the ICR are available from the EPA Home Page at the Federal Register   Environmental Documents entry for this document under `` Laws and Regulations'' ( http:// www. epa. gov/ fedrgstr/). An electronic copy of the collection instrument referenced in this ICR and instructions for its completion are available at http:/ / www. epa. gov/ triinter/# forms. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http: www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public dockets, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket identification number ( i. e., OEI   2003   0026). Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit II. A. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. For additional information about EPA's electronic public docket visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

III. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket identification number ( i. e., `` OEI   2003   0026) in the subject line on the first page of your comment. Please ensure that your comments are VerDate Jan< 31> 2003 16: 39 Jun 30, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 01JYN1. SGM 01JYN1 39073 Federal Register / Vol. 68, No. 126 / Tuesday, July 1, 2003 / Notices submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit IV. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. To access EPA's electronic public docket from the EPA Internet Home Page, select `` Information Sources,'' `` Dockets,'' and `` EPA Dockets.'' Once in the system, select `` search,'' and then key in Docket ID No. OEI   2003   0026. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by electronic mail ( e mail) to oei. docket@ epa. gov. Attention Docket ID No. OEI   2003   0026. In contrast to EPA's electronic public docket, EPA's email system is not an `` anonymous access'' system. If you send an e mail comment directly to the Docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit III. 2. below. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. All comments and data in electronic form must be identified by the docket control number OEI   2003   0026. Electronic comments on this document may also be filed online at many Federal Depository Libraries. 2. By Mail. Send three copies of your comments to: Document Control Office, Office of Environmental Information ( OEI), U. S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 3. By Hand Delivery or Courier. Comments may be delivered in person or by courier to: EPA Docket Center, ( EPA/ DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC, attention Docket ID No. OEI   2003   0026.

IV. How Should I Handle CBI Information That I Want to Submit to the Agency? All comments which contain information claimed as CBI must be clearly marked as such. Three sanitized copies of any comments containing information claimed as CBI must also be submitted and will be placed in the public record for this document. Persons submitting information any portion of which they believe is entitled to treatment as CBI by EPA must assert a business confidentiality claim in accordance with 40 CFR 2.203( b) for each such portion. This claim must be made at the time that the information is submitted to EPA. Information covered by such a claim will be disclosed by EPA only to the extent, and by means of the procedures set forth in 40 CFR part 2, subpart B. If a confidentiality claim does not accompany the information when it is received by EPA, the information may be made available to the public by EPA without further notice to the submitter.

V. What Information Is EPA Particularly Interested In? Pursuant to section 3506( c)( 2)( a) of the PRA, EPA specifically solicits comments and information to enable it to: ( i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; ( ii) Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; ( iii) Enhance the quality, utility, and clarity of the information to be collected; and ( iv) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e. g., permitting electronic submission of responses.

VI. To What Information Collection Activity or ICR Does This Notice Apply? EPA is seeking comments on the following ICR, as well as the Agency's intention to renew the corresponding OMB approval, which is currently scheduled to expire on October 31, 2003. Title: Alternate Threshold for Low Annual Reportable Amounts. ICR numbers: EPA ICR No. 1704.07, OMB No. 2070   0143. Abstract: EPCRA section 313 requires certain facilities manufacturing, processing, or otherwise using certain toxic chemicals in excess of specified threshold quantities to report their environmental releases of such chemicals annually. Each such facility must file a separate report for each such chemical. In accordance with the authority in EPCRA, EPA has established an alternate threshold for those facilities with low amounts of a listed toxic chemical in wastes. A facility that otherwise meets the current reporting thresholds, but estimates that the total amount of the chemical in waste does not exceed 500 pounds per year, and that the chemical was manufactured, processed, or otherwise used in an amount not exceeding 1 million pounds during the reporting year, can take advantage of reporting under the alternate threshold option for that chemical for that reporting year. Each qualifying facility that chooses to apply the revised threshold must file the Form A Certification Statement ( EPA Form 9350   2) in lieu of a complete TRI reporting Form R ( EPA Form 9350   1). In submitting the Form A Certification Statement, the facility certifies that the sum of the amount of the EPCRA section 313 chemical in wastes did not exceed 500 pounds for VerDate Jan< 31> 2003 16: 39 Jun 30, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 01JYN1. SGM 01JYN1 39074 Federal Register / Vol. 68, No. 126 / Tuesday, July 1, 2003 / Notices the reporting year, and that the chemical was manufactured, processed, or otherwise used in an amount not exceeding 1 million pounds during the reporting year. Use of the Form A Certification Statement represents a substantial savings to respondents, both in burden hours and in labor costs. The Form A Certification Statement provides communities with information that the chemical is being manufactured, processed or otherwise used at facilities. Additionally, the Form A Certification Statement provides compliance monitoring and enforcement programs and other interested parties with a means to track chemical management activities and verify overall compliance with the rule. Responses to this collection of information are mandatory ( see 40 CFR part 372) and facilities subject to reporting must submit either a Form A Certification Statement or a Form R.

VII. What Are EPA's Burden and Cost Estimates for This ICR? Under the PRA, `` burden'' means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. For this collection, it includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The annual public burden for this collection of information, which is approved under OMB Control No. 2070   0143, is estimated to average 13.7 hours for facilities submitting a Form A Certification Statement for a single listed chemical. By comparison, the average time required for calculations, form completion and record keeping/ mailing for Form R is estimated to average 19.5 hours per form. Thus, for a facility filing a Form A certification for a single chemical, the alternate threshold yields an average savings of 5.8 hours. The ICR supporting statement provides a detailed explanation of the burden estimates that are summarized in this notice. The following is a summary of the estimates taken from the ICR supporting statement: Estimated No. of Respondents: 5,200. Frequency of Responses: Annual. Estimated Total Annual Burden Hours: 169,106. Estimated Total Annual Burden Costs: $ 7.56 million.

VIII. Are There Changes in the Estimates From the Last Approval? The estimated burden described above differs from what is currently in OMB's inventory for alternate threshold reporting: 5,121 responses ( Form A Certification Statements) and 463,670 burden hours. The burden estimated in this supporting statement differs from OMB's inventory as a result of adjustments to estimates of number of responses ( from 5,121 responses to 5,000 responses), changes to subsequent year unit reporting burden estimates ( from 30.2 to 9.2 burden hours per chemical certified on a Form A Certification Statement), and an adjustment for use of TRI   ME for those forms completed using TRI   ME. These changes are described in greater detail in the supporting statement for this ICR, available in the public version of the official record.

IX. What Is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5( a)( 1)( iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the person( s) listed in the FOR FURTHER INFORMATION CONTACT section.

Dated: June 25, 2003. Kimberly T. Nelson, Assistant Administrator, Office of Environmental Information. [ FR Doc. 03   16584 Filed 6   30   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OEI   2003   0025; FRL   7520   9]

Toxic Chemical Release Reporting; Request for Comment on Renewal Information and Proposed Changes to Part II of the Form R Collection AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act ( PRA) ( 44 U. S. C. 3501 et seq.), this notice announces that EPA is planning to submit the following continuing Information Collection Request ( ICR) to the Office of Management and Budget ( OMB) pursuant to procedures described in 5 CFR 1320.12: Toxic Chemical Release Reporting ( EPA ICR No. 1363.13, OMB No. 2070   0093). This ICR involves a collection activity that is currently approved and scheduled to expire on October 31, 2003. EPA ICR No. 1363.12 was approved by OMB on March 10, 2003, with a shorter than usual clearance in order to provide the EPA an opportunity to examine in more detail the TRI burden estimates and opportunities for reducing burden and enhancing the practical utility of the data. A revised draft Form R is included in this ICR. The redesigned draft Form R collects all the same information as the prior form; however, it collects that information in a different format. EPA is proposing this draft Form R based on feedback received from stakeholders in an effort to collect information in a more logical, simplistic manner. Section V below and sections 1 ( b) and 3 ( b) of the ICR Supporting Statement discuss the proposed Form R changes in greater detail. Also, a copy of the proposed new Form R and a crosswalk between the proposed Form R and the previous version of the Form R are included as Attachment G of the ICR Supporting Statement. Before submitting this ICR to the Office of Management and Budget ( OMB) for review and approval under the PRA, EPA is soliciting comments on specific aspects of the collection as described below. DATES: Comments, identified by the docket control number OEI   2003   0025 must be submitted on or before September 2, 2003. ADDRESSES: Comments may be submitted by mail, electronically, or in person. Please follow the detailed instructions for each method as provided in Unit III. of the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: For general information contact: The Emergency Planning and Community Right to Know Hotline at ( 800) 424   9346 or ( 703) 412   9810, TDD ( 800) 553   7672, http:// www. epa. gov/ epaoswer/ hotline/. For technical information about this ICR renewal contact: Judith Kendall, Toxics Release Inventory Program Division, OEI, Environmental Protection Agency ( 2844T), 1200 Pennsylvania Ave., NW., Washington, DC 20460, Telephone: 202   566   0750;

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