[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Proposed Rules]
[Page 53986]
[FR Doc No: 2016-19272]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 28

[Docket No. USCG-2012-0025]
RIN 1625-AB85

Commercial Fishing Vessels--Implementation of 2010 and 2012
Legislation

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; extension of public comment
period.

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SUMMARY: The Coast Guard is extending, for 90 days, the period for
submitting public comments on the notice of proposed rulemaking (NPRM).
The extension responds to a request made by the public.

DATES: The comment period for the NPRM published on June 21, 2016 (81
FR 40437) is extended. Comments and related material must be submitted
on or before December 18, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0025 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
    Collection of Information. You must submit comments on the
collection of information discussed in section VII.D of the NPRM both
to the Coast Guard's docket and to the Office of Information and
Regulatory Affairs (OIRA) in the White House Office of Management and
Budget. OIRA submissions can use one of the listed methods.
     Email<EMAIL_ADDRESS>(include
the docket number and ``Attention: Desk Officer for Coast Guard, DHS''
in the subject line of the email).
     Fax--202-395-6566.
     Mail--Office of Information and Regulatory Affairs, Office
of Management and Budget, 725 17th Street NW., Washington, DC 20503,
ATTN: Desk Officer, U.S. Coast Guard.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Jack Kemerer, Chief, Fishing Vessels Division
(CG-CVC-3), Office of Commercial Vessel Compliance (CG-CVC), Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted or a final rule is published.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

B. Regulatory History and Information

    We published the NPRM for this rulemaking on June 21, 2016 (81 FR
40437). It proposed to align the commercial fishing industry vessel
regulations with the mandatory provisions of 2010 and 2012 legislation
passed by Congress that took effect upon enactment. The alignments
would change the applicability of current regulations, and add new
requirements for safety equipment, vessel examinations, vessel safety
standards, the documentation of maintenance, and the termination of
unsafe operations. The NPRM announced a 90-day public comment period
ending September 19, 2016. We have received requests for an extension
of the comment period, which we have decided to grant in light of the
importance of our proposed changes to the regulations, and to provide
ample opportunity for commercial fishermen to review and provide their
comments. With this extension, the total length of the public comment
period will now be 180 days.
    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: August 9, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2016-19272 Filed 8-12-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32215-32221]
[FR Doc No: 2022-11397]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94961; File No. SR-NYSEArca-2022-30]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Permit the Use
of Custom Baskets by Certain Series of Active Proxy Portfolio Shares
Listed and Traded on the Exchange Pursuant to NYSE Arca Rule 8.601-E

May 23, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on May 12, 2022, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``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 facilitate the use of Custom Baskets by
certain series of Active Proxy Portfolio Shares listed and traded on
the Exchange pursuant to NYSE Arca Rule 8.601-E. 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 adopted NYSE Arca Rule 8.601-E for the purpose of
permitting the listing and trading, or trading pursuant to unlisted
trading privileges, of Active Proxy Portfolio Shares, which are
securities issued by an actively managed open-end investment management
company.\4\ The Exchange subsequently amended Rule 8.601-E to provide
for the use of Custom Baskets, which are portfolios of securities that
are different from the Proxy Portfolio and are otherwise consistent
with the exemptive relief issued pursuant to the Investment Company Act
of 1940 (the ``1940 Act'') applicable to a series of Active Proxy
Portfolio Shares.\5\
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    \4\ See Securities Exchange Act Release No. 89185 (June 29,
2020), 85 FR 40328 (July 6, 2020) (SR-NYSEArca-2019-95) (Notice of
Filing of Amendment No. 6 and Order Granting Accelerated Approval of
a Proposed Rule Change, as Modified by Amendment No. 6, to Adopt
NYSE Arca Rule 8.601-E to Permit the Listing and Trading of Active
Proxy Portfolio Shares and To List and Trade Shares of the Natixis
U.S. Equity Opportunities ETF Under Proposed NYSE Arca Rule 8.601-E)
(the ``Natixis Approval Order'').
    \5\ See Securities Exchange Act Release No. 93120 (September 24,
2021), 86 FR 54257 (September 30, 2021) (SR-NYSEArca-2021-64) (the
``Custom Basket Approval Order'').
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Background
    Rule 8.601-E sets forth certain rules related to the listing and
trading of Active Proxy Portfolio Shares. Under Rule 8.601-E(c)(1), the
term Active Proxy Portfolio Shares means a security that (a) is issued
by an investment company registered under the 1940 Act (an ``Investment
Company'') organized as an open-end management investment company that
invests in a portfolio of securities selected by the Investment
Company's investment adviser consistent with the Investment Company's
investment objectives and policies; (b) is issued in a specified
minimum number of shares, or multiples thereof, in return for a deposit
by the purchaser of the Proxy Portfolio or Custom Basket, as
applicable, and/or cash with a value equal to the next determined net
asset value (``NAV''); (c) when aggregated in the same specified
minimum number of Active Proxy Portfolio Shares, or multiples thereof,
may be redeemed at a holder's request in return for the Proxy Portfolio
or Custom Basket, as applicable, and/or cash to the holder by the
issuer with a value equal to the next determined NAV; and (d) the
portfolio holdings for which are disclosed within at least 60 days
following the end of every fiscal quarter.
    Rule 8.601-E(c)(2) defines the term ``Actual Portfolio'' as
identities and quantities of the securities and other assets held by
the Investment Company that shall form the basis for the Investment
Company's calculation of NAV at the end of the business day.
    Rule 8.601-E(c)(3) defines the term ``Proxy Portfolio'' as a
specified portfolio of securities, other financial instruments, and/or
cash designed to track closely the daily performance of the Actual
Portfolio of a series of Active Proxy Portfolio Shares as provided in
the exemptive relief pursuant to the 1940 Act applicable to such
series. The website for each series of Active Proxy Portfolio Shares
shall disclose the information regarding the Proxy Portfolio as
provided in the exemptive relief pursuant to the 1940 Act applicable to
such series, including the following, to the extent applicable:
    (i) Ticker symbol;
    (ii) CUSIP or other identifier;
    (iii) Description of holding;
    (iv) Quantity of each security or other asset held; and
    (v) Percentage weighting of the holding in the portfolio.
    Rule 8.601-E(c)(4) defines the term ``Custom Basket'' as a
portfolio of securities that is different from the Proxy Portfolio and
is otherwise consistent with the exemptive relief issued pursuant to
the 1940 Act applicable to a series of Active Proxy Portfolio Shares.
Proposed Rule Change
    Commentary .01 to Rule 8.601-E requires the Exchange to file
separate proposals under Section 19(b) of the Act before listing and
trading any series of Active Proxy Portfolio Shares on the Exchange.
Pursuant to this provision, the Exchange submitted proposals relating
to the following series of Active Proxy Portfolio Shares that are
currently listed and traded on the Exchange (each, a ``Fund'' and,
collectively, the ``Funds''): \6\
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    \6\ The approval orders and notices of immediate effectiveness
pursuant to which shares of the Funds are listed and traded are
referred to collectively herein as the ``Prior Filings.''

 Natixis U.S Equity Opportunities ETF \7\
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    \7\ See Natixis Approval Order, supra note 4.
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 T. Rowe Price Blue Chip Growth ETF, T. Rowe Price Dividend
Growth ETF, T. Rowe Price Growth Stock ETF, and T. Rowe Price Equity
Income ETF \8\
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    \8\ See Securities Exchange Act Release No. 89191 (June 30,
2020), 85 FR 40358 (July 6, 2020) (SR-NYSEArca-2019-92) (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 Four Series of Active Proxy Portfolio Shares Issued by T. Rowe
Price Exchange-Traded Funds, Inc. under NYSE Arca Rule 8.601-E) (the
``T. Rowe Price Approval Order'').
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 American Century Mid Cap Growth Impact ETF and American
Century Sustainable Equity ETF \9\
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    \9\ See Securities Exchange Act Release No. 89192 (June 30,
2020), 85 FR 40699 (July 7, 2020) (SR-NYSEArca-2019-96) (Notice of
Filing of Amendment No. 5 and Order Granting Accelerated Approval of
a Proposed Rule Change, as Modified by Amendment No. 5, to List and
Trade Two Series of Active Proxy Portfolio Shares Issued by the
American Century ETF Trust under NYSE Arca Rule 8.601-E) (the
``American Century Approval Order'').
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 Natixis Vaughan Nelson Select ETF and Natixis Vaughan Nelson
Mid Cap ETF \10\
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    \10\ See Securities Exchange Act Release No. 89438 (July 31,
2020), 85 FR 47821 (August 6, 2020) (SR-NYSEArca-2020-51) (Order
Granting Approval of a Proposed Rule Change, as Modified by
Amendment No. 2, to List and Trade Shares of Natixis Vaughan Nelson
Select ETF and Natixis Vaughan Nelson MidCap ETF under NYSE Arca
Rule 8.601-E) (the ``Natixis Vaughan Approval Order'').
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 Stance Equity ESG Large Cap Core ETF \11\
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    \11\ See Securities Exchange Act Release No. 91266 (March 5,
2021), 86 FR 13930 (March 11, 2021) (SR-NYSEArca-2020-104) (Order
Approving a Proposed Rule Change, as Modified by Amendment No. 2, to
List and Trade Shares of the Stance Equity ESG Large Cap Core ETF
under NYSE Arca Rule 8.601-E) (the ``Stance Approval Order'').

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 T. Rowe Price U.S. Equity Research ETF \12\
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    \12\ See Securities Exchange Act Release No. 91322 (March 15,
2021), 86 FR 14980 (March 19, 2021) (SR-NYSEArca-2021-17) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Listing and Trading of Shares of the T. Rowe Price U.S. Equity
Research ETF under NYSE Arca Rule 8.601-E) (the ``T. Rowe Price
Notice'').
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 Fidelity Sustainability U.S. Equity ETF and Fidelity Women's
Leadership ETF \13\
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    \13\ See Securities Exchange Act Release No. 91514 (April 8,
2021), 86 FR 19657 (April 14, 2021) (SR-NYSEArca-2021-23) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change List and
Trade Shares of the: Fidelity Women's Leadership ETF and Fidelity
Sustainability U.S. Equity ETF) (the ``Fidelity Notice'').
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 Putnam Sustainable Future ETF, Putnam Sustainable Leaders ETF,
Putnam Focused Large Cap Growth ETF, and Putnam Focused Large Cap Value
ETF \14\
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    \14\ See Securities Exchange Act Release No. 91895 (May 13,
2021), 86 FR 27126 (May 19, 2021) (SR-NYSEArca-2021-39) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to List
and Trade Shares of the Putnam Focused Large Cap Growth ETF; Putnam
Focused Large Cap Value ETF; Putnam Sustainable Future ETF; and
Putnam Sustainable Leaders ETF) (the ``Putnam Notice'').
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 American Century Sustainable Growth ETF \15\
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    \15\ See Securities Exchange Act Release No. 92052 (May 27,
2021), 86 FR 29810 (June 3, 2021) (SR-NYSEArca-2021-44) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to List
and Trade Shares of the American Century Sustainable Growth ETF)
(the ``American Century Notice'').
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 Nuveen Dividend Growth ETF, Nuveen Small Cap Select ETF, and
Nuveen Winslow Large-Cap Growth ESG ETF \16\
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    \16\ See Securities Exchange Act Release No. 92104 (June 3,
2021), 86 FR 30635 (June 9, 2021) (SR-NYSEArca-2021-46) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to List
and Trade Shares of the Nuveen Santa Barbara Dividend Growth ETF,
Nuveen Small Cap Select ETF, and Nuveen Winslow Large-Cap Growth ESG
ETF Under NYSE Arca Rule 8.601-E) (the ``Nuveen Notice'').
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 Nuveen Growth Opportunities ETF \17\
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    \17\ See Securities Exchange Act Release No. 92958 (September
13, 2021), 86 FR 51933 (September 17, 2021) (SR-NYSEArca-2021-77)
(Notice of Filing and Immediate Effectiveness of Proposed Rule
Change to List and Trade Shares of the Nuveen Growth Opportunities
ETF Under NYSE Arca Rule 8.601-E) (the ``Nuveen Growth Opportunities
Notice'').
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 Schwab Ariel ESG ETF \18\
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    \18\ See Securities Exchange Act Release No. 93264 (October 6,
2021), 86 FR 56989 (October 13, 2021) (SR-NYSEArca-2021-84) (Notice
of Filing and Immediate Effectiveness of Proposed Rule Change to
List and Trade Shares of the Schwab Ariel ESG ETF) (the ``Schwab
Notice'').

    The Exchange proposes to modify representations made in each Fund's
original filing that provided for the creation and redemption of shares
using the Proxy Portfolio or cash. Specifically, the Exchange proposes
to permit each Fund to use a Custom Basket, in addition to a Proxy
Portfolio or cash, to create or redeem shares in accordance with its
respective exemptive relief and current Rule 8.601-E. The Exchange
believes that updating such representations to permit the Funds to use
Custom Baskets, to the extent consistent with the terms of a Fund's
exemptive relief, would benefit the investing public and the
marketplace by providing greater flexibility in the creation and
redemption process for shares of Active Proxy Portfolio Shares and
would promote competition among various ETF products.
    Accordingly, the issuers of each Fund each represent that it and
any person acting on behalf of the series of Active Proxy Portfolio
Shares which are the subject of this filing will comply with Regulation
Fair Disclosure under the Act,\19\ including with respect to any Custom
Basket. Each issuer also represents that for each Custom Basket
utilized by each Fund, each business day, before the opening of trading
during the Exchange's Core Trading Session (as defined in Rule 7.34-
E(a)), each Fund will make publicly available on its website the
composition of any Custom Basket transacted on the previous business
day, except a Custom Basket that differs from the applicable Proxy
Portfolio only with respect to cash.
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    \19\ 17 CFR 243.100-243.103. Regulation Fair Disclosure provides
that whenever an issuer, or any person acting on its behalf,
discloses material non-public information regarding that issuer or
its securities to certain individuals or entities--generally,
securities market professionals, such as stock analysts, or holders
of the issuer's securities who may well trade on the basis of the
information--the issuer must make public disclosure of that
information.
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    Finally, the issuers of each Fund each represent that the adviser
and sub-adviser(s), as applicable, to each of the Funds each represent
that, if the adviser and/or sub-adviser(s), as applicable, is
registered as a broker-dealer or is affiliated with a broker-dealer,
such adviser and/or sub-adviser(s), as applicable, has erected and will
maintain a ``fire wall'' between the adviser and/or sub-adviser(s), as
applicable, and personnel of the broker-dealer or broker-dealer
affiliate, as applicable, with respect to access to information
concerning the composition and/or changes to the applicable Fund's
Actual Portfolio, Proxy Portfolio, and/or Custom Basket, as applicable.
The issuers of each Fund each also represent that any person related to
the investment adviser or Investment Company who make decisions
pertaining to the applicable Fund's Actual Portfolio, Proxy Portfolio,
and/or Custom Basket, as applicable, or who have access to non-public
information regarding the Actual Portfolio, Proxy Portfolio, and/or
Custom Basket, as applicable, or changes thereto are subject to
procedures reasonably designed to prevent the use and dissemination of
material non-public information regarding the Actual Portfolio, Proxy
Portfolio, and/or Custom Basket, as applicable, or changes thereto.
    In the event that (a) a Fund's adviser or sub-adviser(s), as
applicable, becomes registered as a broker-dealer or becomes newly
affiliated with a broker-dealer, or (b) any new adviser or sub-adviser
is a registered broker-dealer or becomes newly affiliated with a
broker-dealer, it will implement and maintain a ``fire wall'' with
respect to personnel of the broker-dealer or broker-dealer affiliate,
as applicable, regarding access to information concerning the
composition and/or changes to the Actual Portfolio, Proxy Portfolio,
and/or Custom Basket, as applicable, and will be subject to procedures
designed to prevent the use and dissemination of material non-public
information regarding the applicable Actual Portfolio, Proxy Portfolio,
and/or Custom Basket, as applicable.
    Any person or entity, including any service provider for any of the
Funds, who has access to non-public information regarding the Actual
Portfolio, Proxy Portfolio, and/or Custom Basket, as applicable, or
changes thereto for a Fund will be subject to procedures reasonably
designed to prevent the use and dissemination of material non-public
information regarding the Actual Portfolio, Proxy Portfolio, or Custom
Basket, as applicable, or changes thereto. Furthermore, any person or
entity that is registered as a broker-dealer or affiliated with a
broker-dealer, must have erected and will maintain a ``fire wall''
between the person or entity and the broker-dealer with respect to
access to information concerning the composition and/or changes to such
Actual Portfolio, Proxy Portfolio, or Custom Basket, as applicable.
    Each Fund will comply with the above-described conditions as well
as the conditions of the applicable exemptive order, and the Exchange
proposes to update the listing rule for each Fund's shares accordingly.
Except for the changes noted above, all other representations made in
the Prior Filings for each of the Funds remain unchanged and will
continue to

constitute continued listing requirements for each of the Funds.\20\
The Funds will also continue to comply with the requirements of Rule
8.601-E. The Funds each represent that that [sic] are currently in
compliance with Rule 8.601-E, as amended by the Custom Basket Approval
Order, and will continue to comply with all requirements of Rule 8.601-
E, as amended by the Custom Basket Approval Order.
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    \20\ See notes 7-18, supra.
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The Natixis Model Funds
    The Natixis U.S. Equity Opportunities ETF, Natixis Vaughan Nelson
Select ETF, and Natixis Vaughan Nelson Mid Cap ETF (the ``Natixis
Funds'') are series of the Natixis ETF Trust II. The Natixis ETF Trust
II and NYSE Group, Inc. filed an application for an order under Section
6(c) of the 1940 Act for exemptions from various provisions of the 1940
Act and rules thereunder (the ``Prior Natixis Application'').\21\ On
December 10, 2019, the Commission issued an order under the 1940 Act
granting the exemptions requested in the Prior Natixis Application (the
``Prior Natixis Exemptive Order'').\22\
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    \21\ See Investment Company Act Release No. 33684 (November 14,
2019) (File No. 812-14870).
    \22\ See Investment Company Act Release No. 33711 (December 10,
2019) (File No. 812-14870).
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    The American Century Mid Cap Growth Impact ETF, American Century
Sustainable Equity ETF, and American Century Sustainable Growth ETF
(the ``American Century Funds'') are series of the American Century ETF
Trust. The American Century ETF Trust filed an application for an order
under Section 6(c) of the 1940 Act for exemptions from various
provisions of the 1940 Act and rules thereunder (the ``American Century
Application'').\23\ On May 12, 2020, the Commission issued an order
under the 1940 Act granting the exemptions requested in the American
Century Application (the ``American Century Exemptive Order'').\24\ The
American Century Application and American Century Exemptive Order
incorporate by reference the terms and conditions of the Prior Natixis
Exemptive Order, as such order may be amended from time to time.
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    \23\ See Investment Company Act Release No. 33841 (April 16,
2020) (File No. 812-15082).
    \24\ See Investment Company Act Release No. 33862 (May 12, 2020)
(File No. 812-15082).
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    The Nuveen Dividend Growth ETF, Nuveen Small Cap Select ETF, Nuveen
Winslow Large-Cap Growth ESG ETF, and Nuveen Growth Opportunities ETF
(the ``Nuveen Funds'') are series of the Nushares ETF Trust. The
Nushares ETF Trust filed an application for an order under Section 6(c)
of the 1940 Act for exemptions from various provisions of the 1940 Act
and rules thereunder (the ``Nuveen Application'').\25\ On May 4, 2021,
the Commission issued an order under the 1940 Act granting the
exemptions requested in the Nuveen Application (the ``Nuveen Exemptive
Order'').\26\ The Nuveen Application and Nuveen Exemptive Order
incorporate by reference the terms and conditions of the Prior Natixis
Exemptive Order, as such order may be amended from time to time.
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    \25\ See Investment Company Act Release No. 34243 (April 8,
2021) (File No. 812-15199).
    \26\ See Investment Company Act Release No. 34265 (May 4, 2021)
(File No. 812-15199).
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    The Schwab Ariel ESG ETF (the ``Schwab Fund'') is a series of the
Schwab Strategic Trust. The Schwab Strategic Trust filed an application
for an order under Section 6(c) of the 1940 Act for exemptions from
various provisions of the 1940 Act and rules thereunder (the ``Schwab
Application'').\27\ On July 7, 2021, the Commission issued an order
under the 1940 Act granting the exemptions requested in the Schwab
Application (the ``Schwab Exemptive Order'').\28\ The Schwab
Application and Schwab Exemptive Order incorporate by reference the
terms and conditions of the Prior Natixis Exemptive Order, as such
order may be amended from time to time.
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    \27\ See Investment Company Act Release No. 34298 (June 11,
2021) (File No. 812-15216).
    \28\ See Investment Company Act Release No. 34323 (July 7, 2021)
(File No. 812-15216).
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    Under the Prior Natixis Exemptive Order (and, accordingly, the
exemptive orders described above that incorporate the terms and
conditions of the Prior Natixis Exemptive Order), each of the Natixis
Funds, American Century Funds, Nuveen Funds, and the Schwab Fund
(collectively, the ``Natixis Model Funds'') is required to publish a
Proxy Portfolio, which is designed to closely track its daily
performance but will not be a Fund's Actual Portfolio. The Prior
Natixis Application stated that a Natixis Model Fund's Proxy Portfolio
would be designed to reflect the economic exposures and risk
characteristics of such fund's actual holdings on each trading day,
which would be achieved by performing an analysis of such fund's Actual
Portfolio (the ``Factor Model''). Each Natixis Model Fund would have a
universe of securities (the ``Model Universe'') that would be used to
generate its Proxy Portfolio. The Model Universe would be comprised
solely of securities that a Natixis Model Fund can purchase and would
be a financial index or stated portfolio of securities from which a
Natixis Model Fund's investments would be selected. The results of the
Factor Model analysis of a Natixis Model Fund's Actual Portfolio would
then be applied to such fund's Model Universe. The daily rebalanced
Proxy Portfolio would then be generated as a result of this Model
Universe analysis with the Proxy Portfolio being a small sub-set of the
Model Universe. The Factor Model would be applied to both the Actual
Portfolio and the Model Universe to construct a Natixis Model Fund's
Proxy Portfolio that performs in a manner substantially identical to
the performance of its Actual Portfolio. Investments made by the
Natixis Model Funds will comply with the conditions set forth in the
Prior Natixis Application and the Prior Natixis Exemptive Order.\29\
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    \29\ See Natixis Approval Order, supra note 4; Natixis Vaughan
Approval Order, supra note 10; American Century Approval Order,
supra note 9; American Century Notice, supra note 15; Nuveen Notice,
supra note 16; Nuveen Growth Opportunities Notice, supra note 17;
Schwab Notice, supra note 18.
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    On August 31, 2020, and as amended on November 16, 2020 and
December 8, 2020, the Natixis ETF Trust II sought to amend the Prior
Natixis Exemptive Order (the ``Updated Natixis Application'') to enable
the Natixis Funds to use Creation Baskets \30\ that include instruments
that are not in the Proxy Portfolio, or are included in the Proxy
Portfolio but in different weightings (i.e., for purposes of this
filing, Custom Baskets).\31\ On February 9, 2021, the Commission issued
an order permitting the Natixis Funds to use Custom Baskets that
include instruments that are not included, or are included with
different weightings, in a Natixis Model Fund's Proxy Portfolio (the
``Updated Natixis Order'').\32\
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    \30\ Pursuant to the Prior Natixis Exemptive Order and the
exemptive orders described above that incorporate the terms and
conditions of the Prior Natixis Exemptive Order, a Creation Basket
with respect to the Natixis Model Funds consists of the instruments
that purchasers would deposit and that shareholders would receive
upon purchasing or redeeming shares of the funds.
    \31\ See Investment Company Act Release No. 34171 (January 12,
2021) (File No. 812-15157).
    \32\ See Investment Company Act Release No. 34192 (February 9,
2021) (File No. 812-15157).
---------------------------------------------------------------------------

    The Exchange thus proposes to update the listing rules for each of
the Natixis Model Funds to reflect the terms and conditions of the
Updated Natixis Order. Specifically, the Exchange proposes to reflect
that each of the Natixis Model Funds will comply with the terms of the
Updated Natixis Application and the Updated Natixis Order and,
accordingly, are permitted to use Custom Baskets that include
instruments that are not included, or are

included with different weightings, in a Natixis Model Fund's Proxy
Portfolio.
The T. Rowe Price Model Funds
    Shares of the T. Rowe Price Blue Chip Growth ETF, T. Rowe Price
Dividend Growth ETF, T. Rowe Price Growth Stock ETF, T. Rowe Price
Equity Income ETF, and T. Rowe Price U.S. Equity Research ETF (the ``T.
Rowe Funds'') are issued by T. Rowe Price Exchange-Traded Funds, Inc.
T. Rowe Price Exchange-Traded Funds, Inc. filed an application for an
order under Section 6(c) of the 1940 Act for exemptions from various
provisions of the 1940 Act and rules thereunder (the ``Prior T. Rowe
Application'').\33\ On December 10, 2019, the Commission issued an
order under the 1940 Act granting the exemptions requested in the Prior
T. Rowe Application (the ``Prior T. Rowe Exemptive Order'').\34\
---------------------------------------------------------------------------

    \33\ See Investment Company Act Release No. 33685 (November 14,
2019) (File No. 812-14214).
    \34\ See Investment Company Act Release No. 33713 (December 10,
2019) (File No. 812-14214).
---------------------------------------------------------------------------

    Under the Prior T. Rowe Exemptive Order, the T. Rowe Funds are
required to publish a Proxy Portfolio, which is a basket of securities
and cash that, while different from a T. Rowe Fund's portfolio, is
designed to closely track its daily performance. The Prior T. Rowe
Application stated that each T. Rowe Fund's Proxy Portfolio will be
determined such that at least 80% of its total assets will overlap with
the portfolio weightings of such fund. Investments made by the T. Rowe
Funds will comply with the conditions set forth in the Prior T. Rowe
Application and the Prior T. Rowe Exemptive Order.\35\
---------------------------------------------------------------------------

    \35\ See T. Rowe Price Approval Order, supra note 8; T. Rowe
Price Notice, supra note 12.
---------------------------------------------------------------------------

    On February 4, 2021, and as amended on March 30, 2021, T. Rowe
Price Exchange-Traded Funds, Inc. sought to amend the Prior T. Rowe
Exemptive Order (the ``Updated T. Rowe Application'') to permit use of
Creation Baskets \36\ that include instruments that are not included,
or are included with different weightings, in a T. Rowe Fund's Proxy
Portfolio (i.e., for purposes of this filing, Custom Baskets).\37\ On
May 18, 2021, the Commission issued an amended order permitting the T.
Rowe Funds to use Custom Baskets that include instruments that are not
included, or are included with different weightings in a T. Rowe Fund's
Proxy Portfolio (the ``Updated T. Rowe Order'').\38\
---------------------------------------------------------------------------

    \36\ Pursuant to the Prior T. Rowe Exemptive Order, a Creation
Basket with respect to the T. Rowe Funds consists of the instruments
that purchasers would deposit and that shareholders would receive
upon purchasing or redeeming shares of the funds.
    \37\ See Investment Company Act Release No. 34248 (April 22,
2021) (File No. 812-15197).
    \38\ See Investment Company Act Release No. 34272 (May 18, 2021)
(File No. 812-15197).
---------------------------------------------------------------------------

    The Exchange thus proposes to update the listing rules for the T.
Rowe Funds to reflect the terms and conditions of the Updated T. Rowe
Order. Specifically, the Exchange proposes to reflect that the T. Rowe
Funds will comply with the terms of the Updated T. Rowe Application and
the Updated T. Rowe Order and, accordingly, are permitted to use Custom
Baskets that include instruments that are not included, or are included
with different weightings, in a T. Rowe Fund's Proxy Portfolio.
The Fidelity Model Funds
    Shares of the Fidelity Sustainability U.S. Equity ETF and Fidelity
Women's Leadership ETF (the ``Fidelity Funds'') are issued by the
Fidelity Covington Trust. Fidelity Beach Street Trust (``Beach
Street''), Fidelity Management & Research Company (``FMR''), and
Fidelity Distributors Corporation (``FDC'') filed a ninth amended
application for an order under Section 6(c) of the 1940 Act for
exemptions from various provisions of the 1940 Act and rules thereunder
(the ``Prior Fidelity Application'').\39\ On December 10, 2019, the
Commission issued an order (the ``Prior Fidelity Exemptive Order'')
under the 1940 Act granting the relief sought in the Application.\40\
The Fidelity Funds are subject to the relief set forth in the Prior
Fidelity Exemptive Order because FMR is the investment adviser to the
Fidelity Funds.
---------------------------------------------------------------------------

    \39\ See Investment Company Act Release No. 33683 (November 14,
2019) (File No. 812-14364).
    \40\ See Investment Company Act Release No. 33712 (December 10,
2019) (File No. 812-14364).
---------------------------------------------------------------------------

    The Putnam Sustainable Future ETF, Putnam Sustainable Leaders ETF,
Putnam Focused Large Cap Growth ETF, and Putnam Focused Large Cap Value
ETF (the ``Putnam Funds'') are series of the Putnam ETF Trust. The
Putnam ETF Trust filed an application for an order under Section 6(c)
of the 1940 Act for exemptions from various provisions of the 1940 Act
and rules thereunder (the ``Putnam Application'').\41\ On May 10, 2021,
the Commission issued an order under the 1940 Act granting the
exemptions requested in the Putnam Application (the ``Putnam Exemptive
Order'').\42\ The Putnam Application and Putnam Exemptive Order
incorporate by reference the terms and conditions of the Prior Fidelity
Exemptive Order, as such order may be amended from time to time.
---------------------------------------------------------------------------

    \41\ See Investment Company Act Release No. 34245 (April 15,
2021) (File No. 812-15203).
    \42\ See Investment Company Act Release No. 34266 (May 10, 2021)
(File No. 812-15203).
---------------------------------------------------------------------------

    Under the Prior Fidelity Exemptive Order, each of the Fidelity
Funds and Putnam Funds (collectively, the ``Fidelity Model Funds'') is
required to publish a Proxy Portfolio that is a basket of securities
and cash that, while different from a fund's portfolio, is designed to
closely track its daily performance. Such Proxy Portfolio is comprised
of (1) select recently disclosed portfolio holdings (``Strategy
Components''); (2) liquid ETFs that convey information about the types
of instruments in which the fund invests that are not otherwise fully
represented by Strategy Components; and (3) cash and cash equivalents.
Investments made by the Fidelity Model Funds will comply with the
conditions set forth in the Prior Fidelity Application and the Prior
Fidelity Exemptive Order.\43\
---------------------------------------------------------------------------

    \43\ See Fidelity Notice, supra note 13; Putnam Notice, supra
note 14.
---------------------------------------------------------------------------

    On October 30, 2020, and as amended on April 2, 2021, June 11,
2021, and June 30, 2021, Beach Street, FMR, FDC, and Fidelity Covington
Trust sought to amend the Prior Fidelity Exemptive Order (the ``Updated
Fidelity Application'') to permit the use of Creation Baskets \44\ that
include instruments that are not included, or are included with
different weightings, in a fund's Proxy Portfolio (i.e., for purposes
of this filing, Custom Baskets). On August 5, 2021, the Commission
issued an order granting the relief requested (the ``Updated Fidelity
Order'').
---------------------------------------------------------------------------

    \44\ Pursuant to the Prior Fidelity Exemptive Order, a Creation
Basket with respect to the Fidelity Model Funds consists of the
instruments that purchasers would deposit and that shareholders
would receive upon purchasing or redeeming shares of the funds.
---------------------------------------------------------------------------

    The Exchange thus proposes to update the listing rules for the
Fidelity Model Funds to reflect the terms and conditions of the Updated
Fidelity Order. Specifically, the Exchange proposes to reflect that the
Fidelity Model Funds will comply with the terms of the Updated Fidelity
Application and the Updated Fidelity Order and, accordingly, are
permitted to use Custom Baskets that include instruments that are not
included, or are included with different weightings, in a Fidelity
Model Fund's Proxy Portfolio.
Stance Equity ESG Large Cap Core ETF
    Shares of the Stance Equity ESG Large Cap Core ETF (the ``Stance
Fund'' or ``Blue Tractor Model Fund'') are issued by The RBB Fund, Inc.
The RBB Fund, Inc. filed an application for an order under Section 6(c)
of the 1940 Act for exemptions from various provisions of the 1940 Act
and rules thereunder (the

``RBB Application'').\45\ On February 26, 2021, the Commission issued
an order (the ``RBB Exemptive Order'') under the 1940 Act granting the
exemptions requested in the RBB Application.\46\ The RBB Application
and RBB Exemptive Order incorporate by reference the terms and
conditions of the exemptive order granted to Blue Tractor ETF Trust and
Blue Tractor Group, LLC, as such order may be amended from time to time
(the ``Prior Blue Tractor Exemptive Order'').\47\
---------------------------------------------------------------------------

    \45\ See Investment Company Act Release No. 34189 (February 5,
2021) (File No. 812-15165).
    \46\ See Investment Company Act Release No. 34215 (February 26,
2021) (File No. 812-15165).
    \47\ See Investment Company Act Release No. 34221 (March 8,
2021) (File No. 812-15162). The Prior Blue Tractor Exemptive Order
was granted in response to an application filed by Blue Tractor ETF
Trust and Blue Tractor Group, LLC for an order under Section 6(c) of
the 1940 Act for exemptions from various provisions of the 1940 Act
and rules thereunder (the ``Prior Blue Tractor Application''). See
Investment Company Act Release Nos. 33682 (November 14, 2019) (Prior
Blue Tractor Application) and 33710 (December 10, 2019) (Prior Blue
Tractor Exemptive Order) (File No. 812-14625).
---------------------------------------------------------------------------

    Under the Prior Blue Tractor Exemptive Order and thus the RBB
Exemptive Order, the Stance Fund is required to publish a Proxy
Portfolio that is a basket of securities and cash that, while different
from the fund's portfolio, is designed to closely track its daily
performance. Specifically, each day, a proprietary algorithmic process
will be applied to the Stance Fund's portfolio to generate a basket of
securities and cash the performance of which is designed to closely
track the daily performance of the fund's portfolio. Investments made
by the Stance Fund will comply with the conditions set forth in the RBB
Exemptive Order and the Prior Blue Tractor Exemptive Order.\48\
---------------------------------------------------------------------------

    \48\ See Stance Approval Order, supra note 11.
---------------------------------------------------------------------------

    On September 18, 2020, and as amended on January 19, 2021, Blue
Tractor ETF Trust and Blue Tractor Group, LLC sought to amend the Prior
Blue Tractor Exemptive Order (the ``Updated Blue Tractor Application'')
to permit use of Creation Baskets \49\ that include instruments that
are not included, or are included with different weightings, in a
fund's Proxy Portfolio (i.e., for purposes of this filing, Custom
Baskets).\50\ On March 9, 2021, the Commission issued an amended order
that, among other things, permits the use of Custom Baskets that
include instruments that are not included, or are included with
different weightings in a fund's Proxy Portfolio (the ``Updated Blue
Tractor Order'').\51\
---------------------------------------------------------------------------

    \49\ Pursuant to the Prior Blue Tractor Exemptive Order and the
RBB Exemptive Order, a Creation Basket with respect to the Stance
Fund consists of the instruments that purchasers would deposit and
that shareholders would receive upon purchasing or redeeming shares
of the fund.
    \50\ See Investment Company Act Release No. 34194 (February 10,
2021) (File No. 812-15162).
    \51\ See Investment Company Act Release No. 34221 (March 9,
2021) (File No. 812-15162).
---------------------------------------------------------------------------

    The Exchange thus proposes to update the listing rule for the
Stance Fund to reflect the terms and conditions of the Updated Blue
Tractor Order. Specifically, the Exchange proposes to reflect that the
Stance Fund will comply with the terms of the Updated Blue Tractor
Application and the Updated Blue Tractor Order and, accordingly, are
permitted to use Custom Baskets that include instruments that are not
included, or are included with different weightings, in the Stance
Fund's Proxy Portfolio.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\52\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\53\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \52\ 15 U.S.C. 78f(b).
    \53\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change is designed to remove impediments to and
perfect the mechanism of a free and open market and, in general, to
protect investors and the public interest because it would permit each
of the Funds to use Custom Baskets, to the extent consistent with their
applicable exemptive relief and in accordance with amended NYSE Arca
Rule 8.601-E. The Exchange believes that the proposal, which would
permit the Funds to use Custom Baskets that include instruments that
are not included, or are included with different weightings, in a
Fund's Proxy Portfolio raises no novel issues under the Act.\54\ In
addition, the Funds' use of Custom Baskets would be consistent with,
and contemplated by, amended Rule 8.601-E, and the Exchange believes
that the proposed rule change would remove impediments to and perfect
the mechanism of a free and open market and, in general, protect
investors and the public interest because, to the extent the Funds wish
to utilize Custom Baskets, the Funds will continue to be required to
meet the initial and continued listing criteria set forth in Rule
8.601-E.
---------------------------------------------------------------------------

    \54\ See note 5, supra.
---------------------------------------------------------------------------

    The proposed rule change is also designed to prevent fraudulent and
manipulative acts and practices, promote just and equitable principles
of trade, remove impediments to and perfect the mechanism of a free and
open market, and, in general, to protect investors and the public
interest because, as noted above, all other representations made in the
prior filings for the Funds remain unchanged and will continue to
constitute continuing listing requirements for the Funds.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\55\ 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 purposes of the Act. As noted above, the proposed rule change
reflects amendments to the exemptive orders applicable to the Funds and
would thus permit the Funds to operate consistent with their exemptive
relief. The Exchange does not believe that the proposed change imposes
any burden on competition, and, to the extent that the proposed rule
change would continue to permit listing and trading of the Funds, the
Exchange believes that the proposal could promote competition among
various ETF products, to the benefit of investors.
---------------------------------------------------------------------------

    \55\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \56\ and Rule 19b-
4(f)(6) thereunder.\57\
---------------------------------------------------------------------------

    \56\ 15 U.S.C. 78s(b)(3)(A).
    \57\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
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.
The Exchange has satisfied this requirement.

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

    A proposed rule change filed under Rule 19b-4(f)(6) \58\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\59\ 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 proposed
rule change may take effect upon filing. The Commission notes that each
Fund seeking to use Custom Baskets pursuant to this rule change
represents that it is currently in compliance with Rule 8.601-E, as
amended by the Custom Basket Approval Order, and will continue to
comply with all requirements of Rule 8.601-E, as amended by the Custom
Basket Approval Order. In addition, the Exchange represents that all
other representations made in the prior filings for the Funds remain
unchanged and will continue to constitute continuing listing
requirements for the Funds. 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 rule change does not raise
any new or novel issues.\60\ Accordingly, the Commission waives the 30-
day operative delay and designates the proposal operative upon
filing.\61\
---------------------------------------------------------------------------

    \58\ 17 CFR 240.19b-4(f)(6).
    \59\ 17 CFR 240.19b-4(f)(6)(iii).
    \60\ See the Custom Basket Approval Order, supra note 5. See
also Securities Exchange Act Nos. 93546 (November 9, 2021) 86 FR
63429 (November 16, 2021) (SR-CboeBZX-2021-075) (Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change to Reflect a
Modification to the Permitted Components of the Tracking Baskets of
the Invesco Real Assets ESG ETF and Invesco US Large Cap Core ESG
ETF).
    \61\ For purposes only of waiving the 30-day operative delay,
the Commission has 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.

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-2022-30 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-2022-30. 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 10:00 a.m. and
3:00 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-2022-30 and should be submitted
on or before June 17, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\62\
---------------------------------------------------------------------------

    \62\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-11397 Filed 5-26-22; 8:45 am]
BILLING CODE 8011-01-P


Page 1 of 2 Vivian Prunier 01/ 14/ 2004 12: 53 PM To: britt@ cetos. org, cbaker@ gowanco. com, cwbrickey@ aol. com, pbright@ abcbirds. org, screscenzi@ steptoe. com, lelworth@ agcenter. org, ccqc1946@ pacbell. net, Ted. Head@ us. nufarm. com, Skellner@ cpsa. org, glibman@ att. net, lori@ yurok. com, therese. murtagh@ usda. gov, perreault. peg@ epa. gov, pquinn@ theaccordgroup. com, rosenberg@ pestworld. org, rutzs@ doacs. state. fl. us, TroyS@ peta. org, julie. spagnoli. b@ bayer. com, nefcon@ aol. com, warren@ cpda. com, jvroom@ croplifeamerica. org, rmcallister@ croplifeamerica. org, wichterman@ lcmcd. org, eolson@ nrdc. org cc: Jay Ellenberger/ DC/ USEPA/ US@ EPA, Susan Lewis/ DC/ USEPA/ US@ EPA Subject: Meeting Dates for PPDC Registration Review Workgroup Dear Workgroup member,

We've scheduled two face to face meetings: Monday, February 2, 1 5 p. m. in CM 2 Room 1126 ( fishbowl) and Tuesday, March 2, 1 5 p. m. in CM 2 Room 1126 ( fishbowl.)

Teleconferencing will be available for anyone unable to come to the meeting.

As we discussed at the teleconference last week, the Workgroup will break into subgroups to develop advice and recommendations on 5 topics. You may work on more than one topic. Please notify me  and other workgroup members  regarding your choice of topics. Also indicate if you are willing to be the discussion leader for your subgroup. Ideally, each subgroup would hold discussions on its topic before the Workgroup convenes on February 2.

The five topics are as follows:

1. What action( s) initiates a pesticide's registration review? Before expending resources in a pesticide's registration review, the Agency would want to know whether registrants intend to support the pesticide and each of its uses. Other stakeholders might want to know this as well. The Agency is seeking advice on options for getting this type of information up front in a way that is efficient for both the Agency and the public.

Please identify options for initiating a registration review and present the pros and cons of each.

2. Early submission of test data and other information to support a pesticide's registration review. The Agency wants to receive pertinent information early in the registration review process in order to avoid redoing its risk assessments. Such rework delays completion of the pesticide's review and ties up scarce resources.

Please identify issues that registrants and other stakeholders might have regarding " voluntary" submission of test data or other pertinent information. Page 2 of 2 Please discuss possible approaches to overcome any identified barriers or concerns.

3. Cost of the Registration Review Program. The Agency's initial assessment of the economic impact of the registration review program must accompany the proposed procedural regulations for registration review. These analyses are required by the Paperwork Reduction Act, Small Business Regulatory Enforcement Fairness Act , as well as other legislation and Executive Orders.

There are a range of options for this program, so the Agency would estimate the costs associated with each in order to make an informed decision.

Please discuss the nature and range of costs that registrants and other stakeholders might incur when this program is implemented.

4. Benefits of the program. What are the benefits of implementing a registration review program and who receives these benefits? There are a range of options for this program, so the Agency would estimate the benefits associated with each in order to make an informed decision.

5. What is a registration review decision? In a pesticide's registration review, the Agency would determine whether a pesticide meets the requirements for registration under FIFRA section 3( c)( 5). Additionally, FIFRA section 3( g)( 2)( A) stipulates that EPA shall use its authority under FIFRA section 3( c)( 2)( B) to require submission of data when such data are necessary for registration review. The workgroup has discussed a number of possible scenarios that might represent the completion of registration review. Identify possible options along with their pros and cons.

Thank you for your continued participation in the PPDC Registration Review Workgroup.

Vivian Prunier 703 308 9341


N N N N O O R E V I S E D 4 23 02 MEMORANDUM SUBJECT: Hexazinone. List A Reregistration Case 0266. PC Code 107201. Product Chemistry Chapter for the Tolerance Reassessment Eligibility Decision [TRED] Document. DP Barcode D279324.

FROM: K. Dockter, Chemist Reregistration Branch 2 Health Effects Division [7509C]

THRU: Alan Nielsen, Branch Senior Scientist Reregistration Branch 2 Health Effects Division [7509C]

TO: Carol Christensen, Risk Assessor Reregistration Branch 2 Health Effects Division [7509C]

Hexazinone [3 cyclohexyl 6( dimethylamino) 1 methyl 1,3,5 triazine 2,4( 1H, 3H) dione] is a contact and residual herbicide. "Apply when plants are actively growing for control of many annual, biennial and perennial weeds and woody plants on noncropland areas. Gives contact and residual control. Rainfall is needed for soil activation. Controls woody plants in reforestation areas (site preparation or conifer release); selective weed control in conifers, sugarcane, pineapple, rubber trees, alfalfa, blueberries." Farm Chemicals Handbook, 1999 Empirical formula: C12H20N4O2 Molecular weight: 252.3 CAS Registry No.: 51235 04 2 PC Code: 107201 2 Chemical structure by J. Punzi A search of REFS conducted 12/ 07/ 01 identified a single hexazinone technical [T] registered under PC Code 107201, the Dupont 98.7 % T; EPA Reg. No. 352 399. It is subject to a TRED.

The pre FQPA Reregistration Eligibility Decision Document issued 9/ 94.

The Registration Standard + FRSTR issued 6/ 88; the Update issued 5/ 10/ 91.

The product chemistry data base is essentially complete. There are no reported impurities of toxicological concern in hexazinone. The Series 830 physical and chemical properties are given in the table below.

GLN MRID Data 6302 Color 41203201 white 6303 Physical state " crystalline solid 6304 Odor " mildly pungent 7200 MP " 113.5 C 7300 Bulk density " 0.61 g/ mL 7840 Water solubility " 2.98 g/ 100g @ 25 C 7950 vp " 1.9 x 10 7 mm Hg @ 25 C 7550 Pow " 15 at pH 7.0 6313 Stability " stable in slightly acidic or alkaline media at elevated temperatures, slowly degrades under artificial sunlight. ~1% decomposition when stored 2 yrs under ambient conditions.

7370 Dissociation constants in water " a very weak base 7000 pH " 8.0 3 6320 Corrosion characteristics " 0.18 34 mils/ yr @ 50 C in various metals; no change in packaging materials.

cc: Reg. Std. file, RF, Dockter, S. Kinard, D. Anderson. RD\ I Hexazinone TRED Team. 7509C: RRB2: Rm712G: 57886: KD/ kd Hexazinone. TRED [26] = D279324. mem.


NOTE SUBJECT: Attendance at Tri State Mining District Natural Resource Damage Partnership Meeting, October 25, 2005, Pittsburg, Kansas TO: Docket FROM: Stephen Hoffman DATE: 11/ 9/ 05 At the invitation of Jim Dwyer, NRD Coordinator, I attended a meeting of the Tri State Natural Resource Damage Partnership on October 25, 2005 in Pittsburg, Kansas. A list of the official members of the Partnership has been placed into the docket under separate cover. The Partnership is composed of state government representatives of Oklahoma, Kansas and Missouri, representatives of Native American tribes, and staff from USGS, BLM. USFS, DOI, and BIA. The purpose of attending was to present an outline of the EPA chat rule and seek comment from the tribal members attending this meeting. My two hour presentation was part of the Agency's compliance with the Executive Order requiring EPA to consult with tribes during rulemaking. As noted in a separate note, EPA has already spoken with the representatives of the Quapaw tribe. Tribes represented at this meeting included the Peoria Tribe, Seneca Cayuga tribe, Cherokee Nation. Miami tribe, Wayandotte Nation, Eastern Shawnee of Oklahoma, and the Ottawa Tribe.

It was pointed out to me that the main tribe likely to be impacted by this rule would be the Quapaw Tribe. Other tribal members indicated that they were not overly concerned about this rule as long as it did not conflict with the BIA chat sales currently underway in Oklahoma. I assured the tribes that the rule would be consistent with the BIA draft chat sales agreements.

I asked attendees if they were aware of any significant use of chat other than its use in hot mix asphalt. They confirmed that chat had been used in the past in concrete but there was no such use at present.

I agreed to submit a draft of the rule as soon as possible to assure that the tribes had adequate time to review and comment on it.


[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Rules and Regulations]
[Page 31711-31713]
[DOCID:fr04jn10-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0039; FRL-9158-3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Control of Nitrogen Oxide Emissions From Industrial Boilers
and Process Heaters at Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. This SIP revision consists of
adding specific emission control requirements for controlling nitrogen
oxide (NOx) emissions from industrial boilers. This action is being
taken under the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on July 6, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0039. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) 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 electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Delaware Department of Natural Resources
& Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover,
Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On March 15, 2010 (75 FR 12168), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of the Delaware SIP revision that adds a new section (Section 2.0) to
Regulation 1142--Control of Nitrogen Oxide Emissions from Industrial
Boilers and Process Heaters at Petroleum Refineries in order to require
new and/or additional controls on industrial boilers and process
heaters with heat input capacities of equal to or greater than 200
million British thermal units per hour (mmBTU/hr). EPA received no
comments on the NPR to approve Delaware's SIP revision. The formal SIP
revision was submitted by the State of Delaware on November 17, 2009.

II. Summary of SIP Revision

    Regulation 1142 (formerly SIP Regulation No. 42) establishes
applicability and compliance dates to any industrial boiler or process
heater with a maximum heat input capacity of equal to or greater than
200 mmBTU/hr, which is operated or permitted to operate within a
petroleum refinery facility (except for any Fluid Catalytic Cracking
Unit carbon monoxide (CO) boiler). Regulation 1142 establishes NOx
emission limitations for any industrial boiler or process heater with a
maximum heat input capacity of equal to or greater than 200 mmBTU/hr,
which is operated or permitted to operate within a petroleum refinery
facility. The regulation also requires compliance with monitoring,
recordkeeping, and reporting requirements.

III. Final Action

    EPA is approving the Delaware SIP revision that adds a new section,
Section 2--Control of Nitrogen Oxide Emissions from Industrial Boilers
and Process Heaters at Petroleum Refineries to Delaware's Regulation
1142--Specific Emission Control Requirements for controlling NOx
emissions from industrial boilers.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, 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 Order
12866 (58 FR 51735, October 4, 1993);
     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 (Public Law 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 3, 2010. 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, pertaining to the State of Delaware's Regulation
1142--Specific Emission Control Requirements for controlling NOx
emissions from industrial boilers, may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements.

    Dated: May 21, 2010.
William C. Early,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by:
0
A. Removing the title entry for Regulation No. 42--Specific Emission
Control Requirements and adding in its place a title entry for
Regulation 1142; and
0
B. Adding an entry for Section 2.0.

    The amendments read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                      State
      State citation           Title/subject     effective date    EPA approval date     Additional explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
              Regulation 1142--Specific Emission Control Requirements (Formerly Regulation No. 42)
----------------------------------------------------------------------------------------------------------------
Section 2.0..............  Specific Emission           11/11/09  6/4/10..............  Emission limitations for
                            Control                              [Insert page number    any industrial boiler or
                            Requirements.                         where the document    process heater with a
                                                                  begins].              maximum heat input
                                                                                capacity of equal to or
                                                                                greater than 200 mmBTU/
                                                                                hr.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2010-13377 Filed 6-3-10; 8:45 am]
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[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 72953-72954]
[FR Doc No: 2011-30416]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No: FDA-2011-N-0002]

Science Board to the Food and Drug Administration; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Science Board to the Food and Drug
Administration (Science Board).
    General Function of the Committee: The Science Board provides
advice primarily to the Commissioner of Food and Drugs and other
appropriate officials on specific complex and technical issues, as well
as emerging issues within the scientific community in industry and
academia. Additionally, the Science Board provides advice to the Agency
on keeping pace with technical and scientific evolutions in the fields
of regulatory science, on formulating an appropriate research agenda,
and on upgrading its scientific and research facilities to keep pace
with these changes. It will also provide the means for critical review
of Agency sponsored intramural and extramural scientific research
programs.

    Date and Time: The meeting will be held on January 6, 2012, from 9
a.m. to 4 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (rm. 1503), Silver Spring, MD
20993-0002.
    For those unable to attend in person, the meeting will also be
webcast. The link for the webcast is available at https://collaboration.fda.gov/scienceboard/. Information regarding special
accommodations due to a disability, visitor parking, and transportation
may be accessed at: http://www.fda.gov/AdvisoryCommittees/default.htm;
under the heading ``Resources for You,'' click on ``Public Meetings at
the FDA White Oak Campus.'' Please note that visitors to the White Oak
Campus must enter through Building 1.
    Contact Person: Martha Monser, Office of the Commissioner, Food and
Drug Administration, 10903 New Hampshire Ave, Bldg. 32, rm. 4286,
Silver Spring MD 20993-0002,<PHONE_NUMBER>, or FDA Advisory Committee
Information Line, 1-(800) 741-8138<PHONE_NUMBER> in the Washington, DC
area), and follow the prompt to the desired center or product area.
Please call the Information Line for up-to-date information on this
meeting. A notice in the Federal Register about last minute
modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice. Therefore, you should always check the Agency's Web site and
call the appropriate advisory committee hot line/phone line to learn
about possible modifications before coming to the meeting.
    Agenda: The Science Board will hear about and provide input
regarding the two Centers for Excellence in Regulatory Science and
Innovation. The Science Board will also hear updates regarding the
Scientific Computing/JANUS program, and FDA's Scientific Integrity
Policy. FDA's Modernizing Toxicology Working Group will present an
overview to the Science Board for input and discussion. The Center for
Drug Evaluation and Research (CDER) will provide their response to the
May 2011 Subcommittee Report regarding the Review of the FDA/CDER
Pharmacovigilance Program.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
December 30, 2011. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before December 22, 2011. Time allotted
for each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by December 23, 2011.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Ms. Martha Monser,
at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: November 18, 2011.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2011-30416 Filed 11-25-11; 8:45 am]
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