Margaret Sheppard/DC/USEPA/US

06/18/2007 11:05 AM	To

	"DeWayne Hartsoe"<EMAIL_ADDRESS> 	cc

<EMAIL_ADDRESS> 	bcc

	Subject

	Re: nPB in Adhesives

Dear Mr. Hartsoe,

Thank you for your questions.  Based on the advice I received from our

legal counsel, I will state what we have already said in the proposal,

rather than adding further interpretation or new clarification.

I am not clear if your first question concerns the alternate approach (pp.

30190-30195 in the proposal) or if you were asking about making some sort

of demonstration about an ability to meet specific exposure levels.  If

you or your customers intend to provide information as part of public

comments, our office will welcome the chance to see more exposure data

from facilities using nPB and other relevant technical information.

The alternate approach would require any user of nPB in the proposed end

uses to meet the use conditions described in the alternate option for

comment (pp. 30190-30195, summary on p. 30193).

Note that the proposal also takes comment on the specific issue you raise

about specific applications where other adhesive options do not work at 72

FR 30190:

            During the public comment period on the June 2003 NPRM, one

commenter representing the adhesives industry stated that there are some

small but critical applications that require nonflammability and high

solvency (Collatz, 2003).  The commenter did not specify what those

applications are, and whether there was information showing that other

types of adhesives, such as those using water, flammable solvents, or

methylene chloride, are technically infeasible in these applications.  We

request comment and data on whether there are any unique applications in

the adhesives end use for which there are no technically feasible

alternatives other than nPB and thus, for which nPB should be allowed.  If

so, and if determined that nPB should be unacceptable except where no

other substitutes are feasible, we would consider finding nPB acceptable

subject to narrowed use limits, with requirements for each end user to

perform a demonstration that there are no other technically feasible

alternatives for their particular site, to install local exhaust

ventilation equipment designed to reduce exposures to acceptable levels

and to perform worker exposure monitoring.  Alternatively, if there was

sufficient information provided during the public comment period showing

that there are applications in which nPB can be safely used, we would

consider finding nPB acceptable in adhesives, subject to use conditions

requiring installation of local exhaust ventilation and worker exposure

monitoring.  This would allow for use of nPB in any applications where it

may be used safely if any such applications exist.

You asked if nPB will be an acceptable substitute for methylene chloride

in adhesives.  Our proposal for adhesives is that nPB would be an

unacceptable substitute for methyl chloroform, CFC-113, and HCFC-141b.

You asked if our proposal is that methylene chloride is safer for workers

than nPB.  Our proposal is that nPB poses significantly greater risk to

human health as compared to other available alternatives in the adhesives

end use (72 FR 30189).

If you believe that the proposal is not sufficiently clear, please provide

us with comments to that effect.  You can comment online in docket

EPA-HQ-OAR-2002-0064 at www.regulations.gov .

Thank you for taking the time to read the proposal and to share

information with your customers.

Margaret Sheppard

USEPA/Stratospheric Protection Division

SNAP Program

Tel.<PHONE_NUMBER>

Fax<PHONE_NUMBER>

email<EMAIL_ADDRESS> "DeWayne Hartsoe"<EMAIL_ADDRESS> 06/07/2007 02:04 PM

	To

	Margaret Sheppard/DC/USEPA/US@EPA

	cc

<EMAIL_ADDRESS> 	Subject

	nPB in Adhesives

Dear Ms. Sheppard,

I have a few questions that I would like clarification on so that we may

inform our customers of this proposed change in nPB usage.

We have a very samll number of customers in the aircraft industry who are

now using nPB based adhesives and we have not been able to find a suitable

replacement that will bond all of the various substrates that they use. Is

it going to be possible for them to continue using nPB based adhesives if

they are able to demonstrate that they can keep thier WEL below THE EPA's

proposed limit of 20 PPM?  10 ppm? Is your alternate proposal going to

apply

to any user that can by monitoring demonstrate they will be able to meet

the

TWA exposure limits? Will nPB be an acceptable substitute for Methylene

Chloride in adhesives?

Also the way I have understood this proposal is that Methylene Chloride is

safer for workers than nPB.  Am I understanding this correctly?

Any information that you can provide would be most helpful.

Thanks,

DeWayne Hartsoe

President

Mid South Adhesives, Inc.

5611 Universal Drive

Memphis, TN 38118


[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Notices]
[Pages 59849-59854]
[FR Doc No: 2019-24188]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87434; File No. SR-NYSEArca-2019-12]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 2 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 2, To List and Trade
Shares of the iShares Commodity Curve Carry Strategy ETF Under NYSE
Arca Rule 8.600-E

I. Introduction

    On March 1, 2019, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares (``Shares'') of the iShares Commodity Curve Carry
Strategy ETF, a series of the iShares U.S. ETF Trust. The proposed rule
change was published for comment in the Federal Register on March 20,
2019.\3\ On April 18, 2019, the Exchange filed Amendment No. 1 to the
proposed rule change, which replaced and superseded the proposed rule
change as originally filed.\4\ On May 1, 2019, pursuant to Section
19(b)(2) of the Act,\5\ 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
approve or disapprove the proposed rule change.\6\ On June 18, 2019,
the Commission published Amendment No. 1 for notice and comment and
instituted proceedings under Section 19(b)(2)(B) of the Act \7\ to
determine whether to approve or disapprove the proposed rule change, as
modified by Amendment No. 1.\8\ On September 10, 2019, the Exchange
filed Amendment No. 2 to the proposed rule change, which replaced and
superseded the proposed rule

change, as modified by Amendment No. 1.\9\ On September 12, 2019, the
Commission designated a longer period for Commission action on the
proceedings to determine whether to approve or disapprove the proposed
rule change.\10\ The Commission has received no comment letters on the
proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 85312 (March 14,
2019), 84 FR 10369.
    \4\ Amendment No. 1 is available at: https://www.sec.gov/comments/sr-nysearca-2019-12/srnysearca201912-5393880-184151.pdf.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 85758, 84 FR 19978
(May 7, 2019). The Commission designated June 18, 2019 as the date
by which the Commission would approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to approve or disapprove the proposed rule change.
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 86136, 84 FR 29555
(June 24, 2019).
    \9\ In Amendment No. 2, the Exchange: (1) Modified its
description of the Reference Benchmark (as defined below); (2)
modified the description and definition of Short-Term Fixed Income
Securities (as defined below); (3) limited the Fund's holdings in
non-convertible corporate debt securities to 30% of the weight of
Fund's collective holdings in cash equivalents and Short-Term Fixed
Income Securities; and (4) made other technical and conforming
changes. Amendment No. 2 is available at: https://www.sec.gov/comments/sr-nysearca-2019-12/srnysearca201912-6099440-191987.pdf.
    \10\ See Securities Exchange Act Release No. 86945, 84 FR 49158
(September 18, 2019). The Commission extended the date by which the
Commission shall approve or disapprove the proposed rule change to
November 15, 2019.
---------------------------------------------------------------------------

    The Commission is publishing this notice to solicit comments on the
proposed rule change, as modified by Amendment No. 2, from interested
persons and is approving the proposed rule change, as modified by
Amendment No. 2, on an accelerated basis.

II. Summary of the Exchange's Description of the Proposal, as Modified
by Amendment No. 2 11
---------------------------------------------------------------------------

    \11\ For a complete description of the Exchange's proposal, as
amended, see Amendment No. 2, supra note 9.
---------------------------------------------------------------------------

    The Exchange proposes to list and trade the Shares under NYSE Arca
Rule 8.600-E, which governs the listing and trading of Managed Fund
Shares on the Exchange. The Shares will be offered by iShares U.S. ETF
Trust (``Trust''), which is registered with the Commission as an open-
end management investment company.\12\ The Fund is a series of the
Trust.
---------------------------------------------------------------------------

    \12\ According to the Exchange, on December 3, 2018, the Trust
filed with the Commission its registration statement on Form N-1A
under the Securities Act of 1933 and under the Investment Company
Act of 1940 (``1940 Act'') relating to the Fund (File Nos. 333-
179904 and 811-22649) (``Registration Statement''). In addition, the
Exchange states that the Commission has issued an order upon which
the Trust may rely, granting certain exemptive relief under the 1940
Act. See Investment Company Act Release No. 29571 (January 24, 2011)
(File No. 812-13601).
---------------------------------------------------------------------------

    BlackRock Fund Advisors (``Adviser'') will be the investment
adviser for the Fund.\13\ BlackRock Investments, LLC will be the
distributor for the Fund's Shares. State Street Bank and Trust Company
will serve as the administrator, custodian and transfer agent for the
Fund.
---------------------------------------------------------------------------

    \13\ According to the Exchange, the Adviser is not registered as
a broker-dealer but is affiliated with a broker-dealer and has
implemented and will maintain a fire wall with respect to its
broker-dealer affiliate regarding access to information concerning
the composition and/or changes to the portfolio. In the event (a)
the Adviser becomes registered as a broker-dealer or newly
affiliated with a broker-dealer, or (b) any new adviser or sub-
adviser is a registered broker-dealer or becomes affiliated with a
broker-dealer, it will implement and maintain a fire wall with
respect to its relevant personnel or its broker-dealer affiliate
regarding access to information concerning the composition and/or
changes to the portfolio, and will be subject to procedures designed
to prevent the use and dissemination of material non-public
information regarding such portfolio. The Exchange also represents
that the Adviser and its related personnel are subject to the
provisions of Rule 204A-1 under the Investment Advisers Act of 1940
relating to codes of ethics.
---------------------------------------------------------------------------

A. Fund Investments

    According to the Exchange, the investment objective of the Fund
will be to seek to provide exposure, on a total return basis, to a
group of commodities with higher carry than a broad universe of
commodities. The Fund will be actively managed and will seek to achieve
its investment objective in part \14\ by, under normal market
conditions,\15\ investing in listed and over-the-counter (``OTC'')
swaps, including total return swaps referencing the ICE BofAML
Commodity Carry Total Return Index (``Reference Benchmark'').\16\ The
Fund is expected to establish new swaps contracts on an ongoing basis
and replace expiring contracts.\17\ Swaps subsequently entered into by
the Fund may have terms that differ from the swaps the Fund previously
held. The Fund expects generally to pay a fixed payment rate and
certain swap related fees to the swap counterparty and receive the
total return of the Reference Benchmark, including, in the event of
negative performance by the Reference Benchmark, negative return (i.e.,
a payment from the Fund to the swap counterparty). In seeking total
return, the Fund additionally will aim to generate interest income and
capital appreciation through a cash management strategy consisting
primarily of cash, cash equivalents,\18\ and fixed income securities
other than cash equivalents, as described below.
---------------------------------------------------------------------------

    \14\ The Fund's investment objective will also be achieved by
investing in cash, cash equivalents, Commodity Investments, Fixed
Income Securities and Short-Term Fixed Income Securities (each as
defined or described below).
    \15\ The term ``normal market conditions'' is defined in NYSE
Arca Rule 8.600-E(c)(5).
    \16\ Although the Fund may hold swaps on the Reference
Benchmark, or direct investments in the same futures contracts as
those included in the Reference Benchmark, the Fund is not obligated
to invest in any futures contracts included in, and does not seek to
replicate the performance of, the Reference Benchmark.
    \17\ Swaps on the Reference Benchmark are included in
``Commodity Investments'' as defined below.
    \18\ Cash equivalents are the short-term instruments enumerated
in Commentary .01(c) to NYSE Arca Rule 8.600-E.
---------------------------------------------------------------------------

    The Reference Benchmark is currently composed of 18 futures
contracts on physical agricultural, energy, precious metals, and
industrial metals commodities listed on U.S. regulated futures
exchanges or non-U.S. futures exchanges with which the Exchange has in
place a comprehensive surveillance sharing agreement (``CSSA'').\19\
The Fund expects to obtain a substantial amount of its exposure to the
carry strategy by entering into total return swaps that pay the returns
of the commodity futures contracts referenced in the Reference
Benchmark. The Reference Benchmark includes the 10 futures contracts on
commodities having the highest degree of backwardation or lowest degree
of contango \20\ among the Reference Benchmark universe.\21\
---------------------------------------------------------------------------

    \19\ The commodity futures included in the Reference Benchmark
are traded on the CME Group, ICE Futures U.S., ICE Futures Europe,
Inc. and the London Metal Exchange (``LME''). ICE Futures U.S., ICE
Futures Europe, Inc., and CME are members of the Intermarket
Surveillance Group (``ISG''). The Exchange represents that it has in
place a CSSA with the LME.
    \20\ According to the Exchange, if the price for the new futures
contract is less than the price of the expiring contract, then the
market for the commodity is said to be in ``backwardation,'' and the
term ``contango'' is used to describe a market in which the price
for a new futures contract is more than the price of the expiring
contract.
    \21\ The Reference Benchmark universe can have a minimum of 12
and a maximum of 25 contracts on physical agricultural, energy,
precious metals, and industrial metals commodities. Reference
Benchmark universe constituent futures contracts and weights are set
annually and the weights are rebalanced monthly, taking into account
the liquidity of the constituent futures contracts and the value of
the global production of each underlying commodity.
---------------------------------------------------------------------------

    The Fund (through its Subsidiary (as defined below)) may hold the
following listed derivative instruments: futures, options, and swaps on
the Reference Benchmark or commodities (which commodities are from the
same sectors as those included in the Reference Benchmark); currencies;
U.S. and non-U.S. equity securities; fixed income securities (as
defined in Commentary .01(b) to NYSE Arca Rule 8.600-E, but excluding
Short-Term Fixed Income Securities (as defined below)); interest rates;
U.S. Treasuries; or a basket or index of any of the foregoing
(collectively, ``Listed Derivatives''). Listed Derivatives will comply
with the criteria in Commentary .01(d) of NYSE Arca Rule 8.600-E.
    The Fund (through its Subsidiary) may hold the following OTC
derivative instruments: Forwards, options, and swaps on the Reference
Benchmark or commodities (which commodities are

from the same sectors as those included in the Reference Benchmark);
currencies; U.S. and non-U.S. equity securities; fixed income
securities (as defined in Commentary .01(b) to NYSE Arca Rule 8.600-E,
but excluding Short-Term Fixed Income Securities); interest rates; or a
basket or index of any of the foregoing (collectively, ``OTC
Derivatives,'' \22\ and together with Listed Derivatives, ``Commodity
Investments'').\23\
---------------------------------------------------------------------------

    \22\ Examples of OTC Derivatives the Fund may invest in include
swaps on commodity futures contracts similar to those found in the
Reference Benchmark and options that correlate to the investment
returns of commodities without investing directly in physical
commodities.
    \23\ As discussed below under ``Application of Generic Listing
Requirements,'' the Fund's and the Subsidiary's holdings in OTC
Derivatives will not comply with the criteria in Commentary .01(e)
of NYSE Arca Rule 8.600-E.
---------------------------------------------------------------------------

    The Fund may hold cash, cash equivalents, and fixed income
securities other than cash equivalents, as described further below.
    Specifically, the Fund may invest in Short-Term Fixed Income
Securities (as defined below) other than cash equivalents on an ongoing
basis for cash management purposes.\24\ Short-Term Fixed Income
Securities will have a maturity of no longer than 397 days and include
only the following: (i) Money market instruments; (ii) obligations
issued or guaranteed by the U.S. government, its agencies or
instrumentalities (including government-sponsored enterprises); (iii)
negotiable certificates of deposit, bankers' acceptances, fixed-time
deposits and other obligations of U.S. and non-U.S. banks (including
non-U.S. branches) and similar institutions; (iv) commercial paper; (v)
non-convertible corporate debt securities (e.g., bonds and debentures);
(vi) repurchase agreements; and (vii) sovereign debt obligations of
non-U.S. countries excluding emerging market countries \25\ (``Non-U.S.
Sovereign Debt'') (collectively, ``Short-Term Fixed Income
Securities''). Any of these securities may be purchased on a current or
forward-settled basis.\26\
---------------------------------------------------------------------------

    \24\ As discussed under ``Application of Generic Listing
Requirements'' below, investments in Short-Term Fixed Income
Securities will not comply with the requirements of Commentary
.01(b)(1)-(4) to NYSE Arca Rule 8.600-E.
    \25\ According to the Exchange, an ``emerging market country''
is a country that, at the time the Fund invests in the related fixed
income instruments, is classified as an emerging or developing
economy by any supranational organization such as the International
Bank of Reconstruction and Development or any affiliate thereof or
the United Nations, or related entities, or is considered an
emerging market country for purposes of constructing a major
emerging market securities index.
    \26\ To the extent that the Fund and the Subsidiary invest in
cash and Short-Term Fixed Income Securities that are cash
equivalents (i.e., that have maturities of less than 3 months) as
specified in Commentary .01(c) to NYSE Arca Rule 8.600-E, such
investments will comply with Commentary .01(c) and may be held
without limitation. Non-convertible corporate debt securities and
Non-U.S. Sovereign Debt are not included as cash equivalents in
Commentary .01(c).
---------------------------------------------------------------------------

    The Fund also may invest in fixed income securities as defined in
Commentary .01(b) to NYSE Arca Rule 8.600-E,\27\ other than cash
equivalents and Short-Term Fixed Income Securities, with remaining
maturities longer than 397 days (``Fixed Income Securities''). Such
Fixed Income Securities will comply with requirements of Commentary
.01(b) to NYSE Arca Rule 8.600-E.\28\
---------------------------------------------------------------------------

    \27\ Commentary .01(b) to NYSE Arca Rule 8.600-E defines fixed
income securities 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 (``Treasury
Securities''), government-sponsored entity securities (``GSEs''),
municipal securities, trust preferred securities, supranational debt
and debt of a foreign country or a subdivision thereof, investment
grade and high yield corporate debt, bank loans, mortgage and asset
backed securities, and commercial paper.
    \28\ Among the Fixed Income Securities in which the Fund may
invest are commodity-linked notes.
---------------------------------------------------------------------------

    The Fund may also hold ETNs \29\ and ETFs.\30\
---------------------------------------------------------------------------

    \29\ ETNs are securities as described in NYSE Arca Rule 5.2-
E(j)(6) (Equity Index-Linked Securities, Commodity-Linked
Securities, Currency-Linked Securities, Fixed Income Index-Linked
Securities, Futures-Linked Securities and Multifactor Index-Linked
Securities). All ETNs will be listed and traded in the U.S. on a
national securities exchange. The Fund will not invest in inverse or
leveraged (e.g., 2X, -2X, 3X or -3X) ETNs.
    \30\ For purposes of the filing, the term ``ETFs'' includes
Investment Company Units (as described in NYSE Arca Rule 5.2-
E(j)(3)); Portfolio Depositary Receipts (as described in NYSE Arca
Rule 8.100-E); and Managed Fund Shares (as described in NYSE Arca
Rule 8.600-E). All ETFs will be listed and traded in the U.S. on a
national securities exchange. The Fund will not invest in inverse or
leveraged (e.g., 2X, -2X, 3X or -3X) ETFs.
---------------------------------------------------------------------------

    The Fund's exposure to Commodity Investments is obtained by
investing through a wholly-owned subsidiary organized in the Cayman
Islands (``Subsidiary'').\31\ The Fund controls the Subsidiary, and the
Subsidiary is advised by the Adviser and has the same investment
objective as the Fund. In compliance with the requirements of Sub-
Chapter M of the Internal Revenue Code of 1986, the Fund may invest up
to 25% of its total assets in the Subsidiary. The Subsidiary is not an
investment company registered under the 1940 Act and is a company
organized under the laws of the Cayman Islands. The Trust's Board of
Trustees (``Board'') has oversight responsibility for the investment
activities of the Fund, including its investment in the Subsidiary, and
the Fund's role as sole shareholder of the Subsidiary.
---------------------------------------------------------------------------

    \31\ The Exchange represents that all statements related to the
Fund's investments and restrictions are applicable to the Fund and
Subsidiary collectively.
---------------------------------------------------------------------------

    The Fund's Commodity Investments held in the Subsidiary are
intended to provide the Fund with exposure to broad commodities. The
Subsidiary may hold cash and cash equivalents.

B. Investment Restrictions

    The Fund and the Subsidiary will not invest in securities or other
financial instruments that have not been described in the proposed rule
change.
    The Fund's holdings in non-convertible corporate debt securities
shall not exceed 30% of the weight of Fund's holdings in cash
equivalents and Short-Term Fixed Income Securities, collectively.
    The Fund's investments, including derivatives, will be consistent
with the Fund's investment objective and will not be used to enhance
leverage (although certain derivatives and other investments may result
in leverage). That is, the Fund's investments will not be used to seek
performance that is the multiple or inverse multiple (e.g., 2X or -3X)
of the Reference Benchmark.

C. Use of Derivatives by the Fund

    Investments in derivative instruments will be made in accordance
with the Fund's investment objective and policies. To limit the
potential risk associated with such transactions, the Fund will enter
into offsetting transactions or segregate or ``earmark'' assets
determined to be liquid by the Adviser in accordance with procedures
established by the Board. In addition, the Fund has included
appropriate risk disclosure in its offering documents, including
leveraging risk. Leveraging risk is the risk that certain transactions
of the Fund, including the Fund's use of derivatives, may give rise to
leverage, causing the Fund to be more volatile than if it had not been
leveraged.
    According to the Exchange, the Adviser believes there will be
minimal, if any, impact to the arbitrage mechanism as a result of the
Fund's use of derivatives. Additionally, the Adviser understands that
market makers and participants should be able to value derivatives as
long as the positions are disclosed with relevant information. The
Adviser further believes that the price at which Shares of the Fund
trade will continue to be disciplined by arbitrage opportunities
created by the ability to purchase or redeem Shares of the Fund at
their net asset value

(``NAV''), which should ensure that Shares of the Fund will not trade
at a material discount or premium in relation to their NAV.
    The Exchange states that the Adviser does not believe there will be
any significant impacts to the settlement or operational aspects of the
Fund's arbitrage mechanism due to the use of derivatives.

D. Application of Generic Listing Requirements

    The Exchange states that the portfolio for the Fund will not meet
all of the ``generic'' listing requirements of Commentary .01 to NYSE
Arca Rule 8.600-E applicable to the listing of Managed Fund Shares. The
Exchange represents that, other than Commentary .01(b)(1)-(4) (with
respect to Short-Term Fixed Income Securities) and .01(e) (with respect
to OTC Derivatives) to NYSE Arca Rule 8.600-E, the Fund's portfolio
will meet all other requirements of NYSE Arca Rule 8.600-E.
    According to the Exchange, the Fund's investments in Short-Term
Fixed Income Securities will not comply with the requirements set forth
in Commentary .01(b)(1)-(4) to NYSE Arca Rule 8.600-E.\32\ The Exchange
states that while the requirements set forth in Commentary .01(b)(1)-
(4) include rules intended to ensure that the fixed income securities
included in a fund's portfolio are sufficiently large and diverse, and
have sufficient publicly available information regarding the issuances,
the Exchange asserts that any concerns related to non-compliance are
mitigated by the types of instruments that the Fund would hold. The
Exchange represents that the Fund's Short-Term Fixed Income Securities
primarily would include those instruments that are included in the
definition of cash and cash equivalents,\33\ but are not considered
cash and cash equivalents because they have maturities of three months
or longer. The Exchange also states that all Short-Term Fixed Income
Securities, including non-convertible corporate debt securities \34\
and Non-U.S. Sovereign Debt (which are not cash equivalents as
enumerated in Commentary .01(c) to NYSE Arca Rule 8.600-E), are less
susceptible than other types of fixed income instruments both to price
manipulation and volatility and that the holdings as proposed are
generally consistent with the policy concerns which Commentary
.01(b)(1)-(4) is intended to address. According to the Exchange,
because the Short-Term Fixed Income Securities will consist of high-
quality fixed income securities described above, the policy concerns
that Commentary .01(b)(1)-(4) are intended to address are otherwise
mitigated and that the Fund should be permitted to hold these
securities in a manner that may not comply with Commentary .01(b)(1)-
(4).
---------------------------------------------------------------------------

    \32\ Commentary .01(b)(1)-(4) to NYSE Arca Rule 8.600-E requires
that the components of the fixed income portion of a portfolio meet
the following criteria initially and on a continuing basis: (1)
Components that in the aggregate account for at least 75% of the
fixed income weight of the portfolio each shall have a minimum
original principal amount outstanding of $100 million or more; (2)
no component fixed-income security (excluding Treasury Securities
and GSEs) shall represent more than 30% of the fixed income weight
of the portfolio, and the five most heavily weighted component fixed
income securities in the portfolio (excluding Treasury Securities
and GSEs) shall not in the aggregate account for more than 65% of
the fixed income weight of the portfolio; (3) an underlying
portfolio (excluding exempted securities) that includes fixed income
securities shall include a minimum of 13 non-affiliated issuers,
provided, however, that there shall be no minimum number of non-
affiliated issuers required for fixed income securities if at least
70% of the weight of the portfolio consists of equity securities as
described in Commentary .01(a); and (4) component securities that in
aggregate account for at least 90% of the fixed income weight of the
portfolio must be either (a) from issuers that are required to file
reports pursuant to Sections 13 and 15(d) of the Act; (b) from
issuers that have a worldwide market value of its outstanding common
equity held by non-affiliates of $700 million or more; (c) from
issuers that have outstanding securities that are notes, bonds
debentures, or evidence of indebtedness having a total remaining
principal amount of at least $1 billion; (d) exempted securities as
defined in Section 3(a)(12) of the Act; or (e) from issuers that are
a government of a foreign country or a political subdivision of a
foreign country.
    \33\ See supra note 18.
    \34\ The Exchange notes that the Fund's holdings in non-
convertible corporate debt securities will not exceed 30% of the
weight of the Fund's holdings in cash equivalents and Short-Term
Fixed Income Securities, collectively.
---------------------------------------------------------------------------

    The Exchange states that the Fund's portfolio with respect to OTC
Derivatives will not comply with the requirements set forth in
Commentary .01(e) to NYSE Arca Rule 8.600-E.\35\ Specifically, the
Exchange states that up to 60% of the Fund's assets (calculated as the
aggregate gross notional value) may be invested in OTC Derivatives. The
Exchange states that the Adviser believes that it is important to
provide the Fund with additional flexibility to manage risk associated
with its investments and, depending on market conditions, it may be
critical that the Fund be able to utilize available OTC Derivatives to
efficiently gain exposure to the multiple commodities markets that
underlie the Reference Benchmark, as well as commodity futures
contracts similar to those found in the Reference Benchmark. The
Exchange states that OTC Derivatives can be tailored to provide
specific exposure to the Fund's Reference Benchmark, as well as
commodity futures contracts similar to those found in the Reference
Benchmark, allowing the Fund to more efficiently meet its investment
objective.\36\ The Exchange further asserts that, if the Fund were to
gain commodity exposure exclusively through the use of listed futures,
the Fund's holdings in Listed Derivatives would be subject to position
limits and accountability levels established by an exchange, and such
limitations would restrict the Fund's ability to gain efficient
exposure to the commodities in the Reference Benchmark, or futures
contracts similar to those found in the Reference Benchmark, thereby
impeding the Fund's ability to satisfy its investment objective.
---------------------------------------------------------------------------

    \35\ Commentary .01(e) to NYSE Arca Rule 8.600-E provides that,
on an initial and continuing basis, no more than 20% of the assets
in the portfolio may be invested in OTC derivatives (calculated as
the aggregate gross notional value of the OTC derivatives).
    \36\ As an example, the Exchange states that the Reference
Benchmark includes 10 futures contracts, which may not be
sufficiently liquid and would not provide the commodity exposure the
Fund requires to meet its investment objective if the Fund were to
invest in the futures directly. The Exchange states that a total
return swap can be structured to provide exposure to the same
futures contracts as exist in the Reference Benchmark, as well as
commodity futures contracts similar to those found in the Reference
Benchmark, while providing sufficient efficiency to allow the Fund
to more easily meet its investment objective.
---------------------------------------------------------------------------

    The Exchange represents that the Adviser and its affiliates
actively monitor counterparty credit risk exposure (including for OTC
derivatives) and evaluate counterparty credit quality on a continuous
basis. With respect to the Fund's (and the Subsidiary's) investments in
derivatives on the Reference Benchmark or commodities (which
commodities are from the same sectors as those included in the
Reference Benchmark), the Exchange states that the Reference Benchmark
provides broad-based exposure to commodities as an asset class, as it
includes 10 futures contracts from a universe currently composed of 18
physical commodities in agricultural, energy, livestock, precious
metals, and industrial metals. In addition, the Exchange states that
the Adviser represents that futures on all commodities in the Reference
Benchmark are traded on futures exchanges that are members of the ISG
or with which the Exchange has in place a CSSA.

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change, as

modified by Amendment No. 2, is consistent with the Act and the rules
and regulations thereunder applicable to a national securities
exchange.\37\ In particular, the Commission finds that the proposed
rule change, as modified by Amendment No. 2, is consistent with Section
6(b)(5) of the Act,\38\ which requires (among other things) that the
Exchange's rules be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \37\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \38\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    According to the Exchange, other than Commentary .01(b)(1)-(4) with
respect to Short-Term Fixed Income Securities and Commentary .01(e)
with respect to OTC Derivatives, the Fund's portfolio will meet all
other requirements of Commentary .01 to NYSE Arca Rule 8.600-E, and the
Shares of the Fund will conform to the initial and continued listing
criteria under NYSE Arca Rule 8.600-E.
    The Fund's investments in Short-Term Fixed Income Securities will
not meet the requirements for fixed income securities set forth in
Commentary .01(b)(1)-(4) to NYSE Arca Rule 8.600-E.\39\ The Commission,
however, believes that the limited nature of the Fund's investment in,
and certain restrictions on, the Short Term Fixed Income Securities
helps to mitigate concerns regarding the Shares being susceptible to
manipulation because of the Fund's investment in the Short Term Fixed
Income Securities.\40\ Specifically, the Exchange states that Short-
Term Fixed Income Securities primarily will include instruments that
are included in the definition of cash equivalents,\41\ but are not
considered cash equivalents because they have maturities of three
months or longer. As proposed, the Fund's investments in Short-Term
Fixed Income Securities will also include non-convertible corporate
debt securities, but such holdings would be limited to 30% of the
weight of Fund's holdings in cash equivalents and Short-Term Fixed
Income Securities, collectively. In addition, the Fund's investments in
Short-Term Fixed Income Securities would include sovereign debt, but
would exclude sovereign debt obligations of emerging market countries.
Further, the Fund will invest in Short Term Fixed Income Securities for
cash management purposes only, and the Short Term Fixed Income
Securities in which the Fund may invest will have maturities of no
longer than 397 days.\42\
---------------------------------------------------------------------------

    \39\ See supra note 32.
    \40\ The Commission notes that all the fixed income securities
the Fund may invest in other than those included in Short-Term Fixed
Income Securities and cash equivalents will comply with the
requirements of Commentary .01(b) to NYSE Arca Rule 8.600-E, and the
cash equivalents the Fund may invest in will comply with the
requirements of Commentary .01(c). See supra Section II.A.
    \41\ See supra note 18.
    \42\ See supra Section II.A.
---------------------------------------------------------------------------

    In addition, the Fund's investments in OTC Derivatives will not
comply with Commentary .01(e) to NYSE Arca Rule 8.600-E, which requires
that no more than 20% of the assets of the Fund be invested in OTC
derivatives (calculated as the aggregate gross notional value of such
OTC derivatives). In the alternative, the Exchange proposes that up to
60% of the Fund's assets (calculated as the aggregate gross notional
value) may be invested in OTC Derivatives.\43\ The Exchange states that
it may be necessary for the Fund to utilize OTC Derivatives in order to
more efficiently hedge its portfolio or to meet its investment
objective.\44\
---------------------------------------------------------------------------

    \43\ The Exchange represents that the Adviser and its affiliates
actively monitor counterparty credit risk exposure for OTC
derivatives and evaluate counterparty credit quality on a continuous
basis. See supra Section II.D. Moreover, the Exchange states that
investments in derivative instruments will be made in accordance
with the Fund's investment objective and policies. To limit the
potential risk associated with such transactions, the Fund will
enter into offsetting transactions or segregate or ``earmark''
assets determined to be liquid by the Adviser in accordance with
procedures established by the Board. In addition, the Fund has
included appropriate risk disclosure in its offering documents,
including leveraging risk. See supra Section II.C.
    \44\ See supra Section II.D.
---------------------------------------------------------------------------

    The Commission, however, believes that certain factors help to
mitigate concerns that the Fund's investment in OTC Derivatives will
make the Shares more susceptible to manipulation. Specifically, with
respect to OTC Derivatives on the Reference Benchmark (or on the
commodities underlying the futures contracts included in the Reference
Benchmark), the Exchange represents that the Reference Benchmark
includes 10 futures contracts from a universe currently composed of 18
physical commodities in agriculture, energy, livestock, precious
metals, and industrial metals, and that futures on all of the
commodities in the Reference Benchmark are traded on futures exchanges
that are members of the ISG or with which the Exchange has in place a
CSSA. Moreover, on a daily basis, the Fund will be required to disclose
on its website the information regarding the Disclosed Portfolio
required under NYSE Arca Rule 8.600-E(c)(2), to the extent
applicable,\45\ and the website information will be publicly available
at no charge.\46\
---------------------------------------------------------------------------

    \45\ NYSE Arca Rule 8.600-E(c)(2) requires that the website for
each series of Managed Fund Shares disclose the following
information regarding the Disclosed Portfolio, to the extent
applicable: (A) Ticker symbol; (B) CUSIP or other identifier; (C)
description of the holding; (D) with respect to holdings in
derivatives, the identity of the security, commodity, index or other
asset upon which the derivative is based; (E) the strike price for
any options; (F) the quantity of each security or other asset held
as measured by (i) par value, (ii) notional value, (iii) number of
shares, (iv) number of contracts, and (v) number of units; (G)
maturity date; (H) coupon rate; (I) effective date; (J) market
value; and (K) percentage weighting of the holding in the portfolio.
    \46\ See Amendment No. 2, supra note 9, at 17.
---------------------------------------------------------------------------

    The Exchange represents that all statements and representations
made in the filing regarding: (1) The description of the portfolio
holdings or reference assets; (2) limitations on portfolio holdings or
reference assets; or (3) the applicability of Exchange listing rules
specified in the rule filing constitute continued listing requirements
for listing the Shares on the Exchange. In addition, the Exchange
represents that the issuer must notify the Exchange of any failure by
the Fund to comply with the continued listing requirements and,
pursuant to its obligations under Section 19(g)(1) of the Act, the
Exchange will monitor \47\ for compliance with the continued listing
requirements. If the Fund is not in compliance with the applicable
listing requirements, the Exchange will commence delisting procedures
under NYSE Arca Rule 5.5-E(m).
---------------------------------------------------------------------------

    \47\ The Commission notes that certain proposals for the listing
and trading of exchange-traded products include a representation
that the exchange will ``surveil'' for compliance with the continued
listing requirements. See, e.g., Securities Exchange Act Release No.
77499 (April 1, 2016), 81 FR 20428, 20432 (April 7, 2016) (SR-BATS-
2016-04). In the context of this representation, it is the
Commission's view that ``monitor'' and ``surveil'' both mean ongoing
oversight of compliance with the continued listing requirements.
Therefore, the Commission does not view ``monitor'' as a more or
less stringent obligation than ``surveil'' with respect to the
continued listing requirements.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 2, is consistent with Section
6(b)(5) of the Act \48\ and the rules and regulations thereunder
applicable to a national securities exchange.
---------------------------------------------------------------------------

    \48\ 15 U.S.C. 78f(b)(5).

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

IV. Solicitation of Comments on Amendment No. 2 to the Proposed Rule
Change

    Interested persons are invited to submit written views, data, and
arguments concerning whether Amendment No. 2 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-2019-12 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-2019-12. 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-2019-12 and should be submitted
on or before November 27, 2019.

V. Accelerated Approval of the Proposed Rule Change, as Modified by
Amendment No. 2

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 2, prior to the thirtieth day
after the date of publication of notice of the filing of Amendment No.
2 in the Federal Register. The Commission notes that Amendment No. 2
clarified the proposed rule change, including the permitted investments
of the Fund. Such changes did not raise any new issues and assisted the
Commission in evaluating whether the Exchange's proposal to list and
trade the Shares is consistent with the Act. Accordingly, the
Commission finds good cause, pursuant to Section 19(b)(2) of the
Act,\49\ to approve the proposed rule change, as modified by Amendment
No. 2, on an accelerated basis.
---------------------------------------------------------------------------

    \49\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\50\ that the proposed rule change (SR-NYSEArca-2019-12), as
modified by Amendment No. 2 thereto, be, and it hereby is, approved on
an accelerated basis.
---------------------------------------------------------------------------

    \50\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\51\
---------------------------------------------------------------------------

    \51\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-24188 Filed 11-5-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Rules and Regulations]
[Page 25508]
[DOCID:fr07my08-7]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0313]

National Maritime Week Tugboat Races

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the National Maritime Week
Tugboat Races Special Local Regulations in Elliott Bay from 12 p.m.
through 4:30 p.m. on May 10, 2008. This action is necessary to ensure
the safety of participants and spectators during the National Maritime
Week Tugboat Races. During the enforcement period, entry into, transit
through, mooring, or anchoring within the regulated area is prohibited
unless authorized by the Captain of the Port, Puget Sound or his
designated representatives.

DATES: The regulations in 33 CFR Part 100.1306 will be enforced from 12
p.m. through 4:30 p.m. on May 10, 2008.

FOR FURTHER INFORMATION CONTACT: Lieutenant James M. Dupureur, c/o
Captain of the Port Puget Sound, Coast Guard Sector Seattle, 1519
Alaskan Way South, Seattle, WA 98134 at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations for the annual National Maritime Week Tugboat Races
in 33 CFR Part 100.1306 on May 10, 2008, from 12 p.m. to 4:30 p.m.
    Under the provisions of 33 CFR 100.1306, entry into, transit
through, mooring, or anchoring within the regulated area is prohibited
unless authorized by the Captain of the Port, Puget Sound or his
designated representatives. Spectator vessels may safely transit
outside the regulated area but may not anchor, block, loiter in, or
impede the transit of race participants or official patrol vessels. The
Coast Guard may be assisted by other Federal, State, or local law
enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 100.1306(c) and 5
U.S.C. 552(a).

    Dated: April 23, 2008.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
 [FR Doc. E8-10240 Filed 5-6-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Proposed Rules]
[Pages 67084-67086]
[FR Doc No: 2013-26825]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0778]
RIN 1625-AA09

Drawbridge Operation Regulation; Broad Creek, Laurel, DE

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the regulation that
governs the operation of the Poplar Street Bridge, mile 8.2, and the
U.S. 13A Bridge over Broad Creek, mile 8.25, both at Laurel, DE. The
proposed new rule would change the current regulation by requiring a
forty-eight hour advance notice and by allowing the bridges to remain
in the closed position for the passage of vessels.

DATES: Comments and related material must reach the Coast Guard on or
before January 7, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0778 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mrs. Jessica Shea, Fifth Coast Guard District
Bridge Administration Division, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security

FR Federal Register
DELDOT Delaware Department of Transportation
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by
submitting comments and related materials. All comments received will
be posted, without change to http://www.regulations.gov and will
include any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
proposed rulemaking (USCG-2013-0778), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online (http://www.regulations.gov), or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-0778] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2013-0778 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The current operating schedule for the bridge is set out in 33 CFR
117.233(b), effective on September 11, 2006. The current regulation
states: The draw of the Poplar Street Bridge, mile 8.2, and the U.S.
13A Bridge, mile 8.2, all at Laurel, shall open on signal if at least
48 hours notice is given. Previous regulation listed both bridges at
mile 8.2. To differentiate the location of the bridges, we propose to
refer to the Poplar Street Bridge at mile 8.2 and the U.S. 13A Bridge
at mile 8.25.

C. Basis and Purpose

    The bridge owner, Delaware Department of Transportation (DELDOT),
requested a change in the operation regulation for the Poplar Street
Bridge, mile 8.2, and U.S. 13A Bridge, mile 8.25, across Broad Creek.
DELDOT provided information to the Coast Guard about the lack of any
openings of the draw spans dating back to 1975.
    In the closed-to-navigation position, the Poplar Street Bridge,
mile 8.2, and the U.S. 13A Bridge, mile 8.25, both in Laurel, DE, have
vertical clearances of five feet and two feet above mean high water,
and vertical clearances of eight feet and five feet above mean low
water, respectively.

D. Discussion of Proposed Rule

    In order to align the operating schedule of the bridge with
observed marine traffic, the proposed change would amend the regulation
to state that the bridge need not open. The lack of requests for vessel
openings of the drawbridge for over 30 years illustrates that the
vessels that use this waterway can safely navigate while the bridge is
in the closed-to-navigation position.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders. Based off DELDOT bridge tender
logs, there will not be any vessels impacted by this proposed change.
This proposed regulation will not have an adverse impact on any of the
vessels that use the waterway because none of the recorded transits
have required an opening in 30 years.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. This proposed action will not
have a significant economic impact on a substantial number of small
entities for the following reason. There have been no requests for
these bridges to open since 1975, and this proposed rule would amend
the operating schedule of the drawbridges so that they will

normally remain in the closed to navigation position.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this proposed rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule simply
promulgates the operating regulations or procedures for drawbridges.
This rule is categorically excluded, under figure 2-1, paragraph
(32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this proposed rule. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.233(b) to read as follows:

Sec.  117.233  Broad Creek.

* * * * *
    (b) The draws of the Poplar Street Bridge, mile 8.2, and the U.S.
13A Bridge, mile 8.25, both at Laurel, need not open for the passage of
vessels.

    Dated: October 17, 2013.
Steven H. Ratti,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2013-26825 Filed 11-7-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83329-83330]
[FR Doc No: 2016-27954]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0101]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    In accordance with Part 235 of Title 49 Code of Federal Regulations
and 49 U.S.C. 20502(a), this document provides the public notice that
by a document dated October 18, 2016, Red River Valley & Western
Railroad Company (RRVW) petitioned the Federal Railroad Administration
(FRA) seeking approval for the discontinuance or modification of a
signal system. FRA assigned the petition Docket Number FRA-2016-0101.
    Applicant: Red River Valley & Western Railroad Company, Ms. Cynthia
Olson, Manager-Operations/Administration, 501 Minnesota Avenue,
Breckenridge, MN 56520.
    RRVW seeks approval to retire and remove two stop signs located on
its

Second Subdivision at Milepost (MP) 38.0 and MP 41.0 at Davenport, ND.
When FRA conditionally approved abandonment of the automatic
interlocking plant located at the Davenport junction (see Docket Number
FRA-1999-5621) in November 1999, one of the conditions of approval
required the installation of stop signs at all four quadrants of the
RRVW's crossing at grade between the Second and Fourth Subdivisions.
Four stop signs were installed at the four junction switches, located
at MP 17.0 and MP 19.0, on the Fourth Subdivision and MPs 38.0 and 41.0
on the Second Subdivision.
    The reason given for the proposed discontinuance is that RRVW
experienced a change in traffic patterns in the last decade and a
significant change this past year. The Second Subdivision mainline
track has experienced a decline in traffic due to shuttle train traffic
rerouting through a new turnout installed at Davenport that now handles
a majority of these trains over the Fourth Subdivision instead of the
Second Subdivision. Yard limits would remain in effect on both the
Second and Fourth Subdivisions. Maximum authorized track speed for
these restricted limits is 20 mph, being able to stop short within half
the range of vision of the stop sign and other requirements listed by
the General Code of Operating Rules 6.13 and 6.27. Maximum speed
through the interlocking is 12 mph.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by January 5, 2017 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also https://www.regulations.gov/privacyNotice for the privacy
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2016-27954 Filed 11-18-16; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Pages 13224-13226]
[FR Doc No: 2023-04299]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2023-0002-N-03]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA will seek approval of the Information
Collection Request (ICR) abstracted

below. Before submitting this ICR to the Office of Management and
Budget (OMB) for approval, FRA is soliciting public comment on specific
aspects of the activities identified in the ICR.

DATES: Interested persons are invited to submit comments on or before
May 1, 2023.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on regulations.gov to the docket, Docket No. FRA-
2023-0002. All comments received will be posted without change to the
docket, including any personal information provided. Please refer to
the assigned OMB control number (2130-0593) in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice and include them in its information
collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER> or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8-1320.12. Specifically, FRA
invites interested parties to comment on the following ICR regarding:
(1) whether the information collection activities are necessary for FRA
to properly execute its functions, including whether the activities
will have practical utility; (2) the accuracy of FRA's estimates of the
burden of the information collection activities, including the validity
of the methodology and assumptions used to determine the estimates; (3)
ways for FRA to enhance the quality, utility, and clarity of the
information being collected; and (4) ways for FRA to minimize the
burden of information collection activities on the public, including
the use of automated collection techniques or other forms of
information technology. See 44 U.S.C. 3506(c)(2)(A); 5 CFR
1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal statutes and regulations mandate. In summary,
FRA reasons that comments received will advance three objectives: (1)
reduce reporting burdens; (2) organize information collection
requirements in a ``user-friendly'' format to improve the use of such
information; and (3) accurately assess the resources expended to
retrieve and produce information requested. See 44 U.S.C. 3501.
    The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
    Title: Generic Clearance for the Collection of Qualitative Feedback
on Agency Service.
    OMB Control Number: 2130-0593.
    Abstract: This collection of information is necessary to enable FRA
to garner customer and stakeholder feedback in an efficient, timely
manner, consistent with its commitment to improving service delivery.
The information collected from FRA's customers and stakeholders will
help ensure users have an effective, efficient, and satisfying
experience with FRA's programs. This feedback will provide insights
into customer and stakeholder perceptions, experiences and
expectations, provide an early indicator of issues with service, and
focus attention on areas where communication, training or changes in
operations might improve delivery of products or services. This
collection will allow ongoing, collaborative, and actionable
communications between FRA and its customers and stakeholders. It also
allows feedback to contribute directly to the improvement of program
management. If this information is not collected, vital feedback from
customers and stakeholders on FRA's services will be unavailable.
    Improving FRA's programs requires ongoing assessment of service
delivery. FRA will collect, analyze, and interpret information gathered
through this generic clearance to identify strengths and weaknesses of
current services and make improvements to service delivery based on
feedback. The solicitation of feedback will target areas such as:
timeliness, appropriateness, information accuracy, courtesy, service
delivery efficiency, and issue resolution. FRA will assess responses in
order to plan and inform efforts seeking to improve the quality of
service offered to the public.
    FRA will only submit a collection for approval under this generic
clearance under the following conditions:
     The information gathered is only used internally for
general service improvement and program management purposes and is not
intended for public release;
     The information gathered is not used to substantially
inform significant policy decisions;
     The information gathered will yield qualitative
information; FRA will not design the collection or expect it to yield
statistically reliable results or use it as though the results are
generalizable to the study population;
     Participation in the collection is voluntary;
     The collection is low-burden for respondents (based on
considerations of total burden hours, total number of respondents, or
burden-hours per respondent) and is low-cost for both the respondents
and the Federal Government;
     The collection is non-controversial and does not raise
issues of concern to other Federal agencies;
     The collection is directed to the solicitation of opinions
from respondents who have experience with the OMB program or may have
experience with the OMB program soon after receiving the collection;
and
     With the exception of information needed to provide
remuneration for focus group participants and cognitive laboratory
studies, personally identifiable information (PII) is collected only to
the extent necessary and is not retained by FRA.
    FRA increased the estimated paperwork burden by 121 hours, from 354
hours (current inventory) to 4475 hours (requesting inventory). The
increased burden is due to changes in FRA's organizational structure
and additional interactions with stakeholders as a result of continued
implementation of the Infrastructure Investment and Jobs Act
statutorily required programs.
    Type of Request: Extension without change (revised estimates) of a
currently approved collection.
    Affected Public: Individuals and Households, Businesses and
Organizations, State, Local or Tribal Governments.
    Form(s): N/A.
    Respondent Universe: 5,750.
    Frequency of Submission: Once per request.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                Average time
           CFR section               Respondent        Total annual responses      per response    Total annual
                                      universe                                       (minutes)     burden hours
                                              (A)                                            (B)     (C = A * B)
----------------------------------------------------------------------------------------------------------------
1. Surveys, comment cards,                    350  Annual, periodically.........              10           58.33
 interviews, focus groups, and
 web-based technologies for
 Customer Service Satisfaction
 and Delivery for the Office of
 the Administrator.
2. Surveys, comment cards,                    350  Annual, periodically.........              10           58.33
 interviews, focus groups, and
 web-based technologies for
 Customer Service Satisfaction
 and Delivery for the Office of
 Railroad Safety.
3. Surveys, comment cards,                    350  Annual, periodically.........              10           58.33
 interviews, focus groups, and
 web-based technologies for
 Customer Service Satisfaction
 and Delivery for the Office of
 Research, Data, and Innovation.
4. Surveys, comment cards,                    350  Annual, periodically.........              10           58.33
 interviews, focus groups, and
 web-based technologies for
 Customer Service Satisfaction
 and Delivery for the Office of
 Railroad Development.
5. Surveys, comment cards,                    350  Annual, periodically.........              10           58.33
 interviews, focus groups, and
 web-based technologies for
 Customer Service Satisfaction
 and Delivery for the Office of
 the Chief Financial Officer.
6. Web-based technologies for               3,500  Annual, periodically.........               1           58.33
 Customer Service Satisfaction
 and Delivery related to the
 improvement of webinar-based
 stakeholder engagement for the
 Office of Railroad Development.
7. Surveys, comment cards,                    500  Annual, periodically.........              15             125
 interviews, focus groups, and
 web-based technologies for
 Customer Service Satisfaction
 and Delivery related to the
 improvement of stakeholder
 capacity building and training
 resources for the Office of
 Railroad Development.
                                  ------------------------------------------------------------------------------
    Total \1\....................           5,750  Annual, periodically.........             N/A             475
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 5,750.
    Total Estimated Annual Burden: 475 hours.
    FRA informs all interested parties that it may not conduct or
sponsor, and a respondent is not required to respond to, a collection
of information that does not display a currently valid OMB control
number.\1\
---------------------------------------------------------------------------

    \1\ Totals may not add due to rounding.
---------------------------------------------------------------------------

    Authority: 44 U.S.C. 3501-3520.

Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2023-04299 Filed 3-1-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Notices]
[Page 66831]
[FR Doc No: 2012-27161]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2006-0278; FRL--9523-6]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Participation by Disadvantaged Business
Enterprises in Procurement Under EPA Financial Assistance Agreements
(Reinstatement)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``Participation by Disadvantaged
Business Enterprises in Procurement under EPA Financial Assistance
Agreements (Reinstatement)'' (EPA ICR No. 2047.04, OMB Control No.
2090-0030) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.). This ICR expired on January 31, 2011. This is a request for
reinstatement of a previously approved collection. Public comments were
previously requested via the Federal Register (77 FR 32087) on May 31,
2012 during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
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.

DATES: Additional comments may be submitted on or before December 7,
2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OA-
2006-0278, to (1) EPA online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Teree Henderson, Office of Small
Business Programs, Mailcode: 1230T, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number:202-
566-2222 fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: EPA currently requires an entity to be certified in order
to be considered a Minority Business Enterprise (MBE) or Women's
Business Enterprise (WBE) under EPA's Disadvantaged Business Enterprise
(DBE) Program. EPA currently requires an entity to first attempt to
become certified by a federal agency (e.g., the Small Business
Administration (SBA), or the Department of Transportation (DOT)), or by
a State, locality, Indian Tribe or independent private organization so
long as their applicable criteria match those under Section 8(a)(5) and
(6) of the Small Business Act and applicable implementing regulations.
EPA only certifies firms that are denied certification by one of these
entities. To qualify as an MBE or WBE under EPA's programs an entity
must establish that it is owned and/or controlled by socially and
economically disadvantaged individuals who are of good character and
are citizens of the United States. Entities that meet the
aforementioned requirements and wish to obtain an EPA DBE certification
must submit a DBE Certification Application to the Office of Small
Business Programs based on business type: Sole Proprietorship (6100-
1a); Limited Liability Company (6100-1b); Partnership (6100-1c);
Corporation (6100-1d); Alaska Native Corporation (6100-1e); Tribally
Owned Business (6100-1f); Private and Voluntary Organization (6100-1g);
Native Hawaiian Organization (6100-1h); or Community Development
Corporation (6100-1i).
    The EPA DBE Program also includes contract administration
requirements designed to prevent unfair practices that adversely affect
DBEs. There are three forms associated with these requirements: EPA
Form 6100-2 (DBE Subcontractor Participation Form), EPA Form 6100-3
(DBE Subcontractor Performance Form), and EPA Form 6100-4 (DBE
Subcontractor Utilization Form). The requirements to complete these
forms are intended to prevent any ``bait and switch'' tactics at the
subcontract level by prime contractors which may circumvent the spirit
of the DBE Program.
    Form Numbers: EPA Form 6100-1a, 6100-1b, 6100-1c, 6100-1d, 6100-1e,
6100-1f, 6100-1g, 6100-1h, 6100-1i, 6100-2, 6100-3, 6100-4.
    Respondents/Affected Entities: All recipients of EPA financial
assistance agreements, and entities receiving identified loans under a
financial assistance agreement capitalizing a revolving loan fund.
    Respondent's Obligation to Respond: Required to obtain or retain a
benefit.
    Estimated Number of Respondents: 4,046
    Frequency of Response: Certification: Every three years or more
often as required. Form 6100-2: As needed, Form 6100-3 and Form 6100-4:
At the time of bid or proposal.
    Total Estimated Burden: 334,804 hours. Burden is defined at 5 CFR
1320.03(b).
    Total Estimated Cost: $8,491,016 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: This is a reinstatement of a previously
approved ICR. This reinstatement is an increase of 10,662 hours in the
total estimated burden over the previously approved ICR. This increase
is due to a new burden estimate for the revised forms (EPA Forms 6100-
2, 6100-3, and 6100-4) and a correction of a previous miscalculation
from the prior approved ICR 2047.02.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-27161 Filed 11-6-12; 8:45 am]
BILLING CODE 6560-50-P