[Federal Register: September 30, 2009 (Volume 74, Number 188)]
[Notices]
[Page 50183-50185]
[DOCID:fr30se09-42]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0608; FRL-8433-1]

Pesticide Experimental Use Permit; Receipt of Application;
Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's receipt of an application 67979-
EUP-I from Syngenta Seeds Inc. requesting an experimental use permit
(EUP) for the plant-incorporated protectant (PIP) [Event 5307] Bacillus
thuringiensis eCry3.1Ab protein and the genetic material necessary for
its production (vector pSYN12274) in event 5307 corn (SYN-
[Oslash]53[Oslash]7-1) and combined trait hybrids with one or more of
the following additional PIPs: 1) [Bt11] Bacillus thuringiensis Cry1Ab
delta-endotoxin and the genetic material (as contained in plasmid
vector pZO1502) necessary for its production in corn, 2) [DAS-59122-7]
Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins and the genetic
material (vector PHP 17662) necessary for their production in Event
DAS-59122-7 corn, 3) [MIR162] Bacillus thuringiensis Vip3Aa20 and the
genetic material necessary for its production (vector pNOV1300) in
event MIR162 maize (SYN-IR162-4), 4) [MIR604] Modified Cry3A protein
and the genetic material necessary for its production (via elements of
pZM26) in corn (SYN-IR604-8), and 5) [TC1507] Bacillus thuringiensis
Cry1F protein and the genetic material (vector PHP8999) for its
production in Event TC1507 corn. The Agency has determined that the
permit may be of regional and national significance. Therefore, in
accordance with 40 CFR 172.11(a), the Agency is soliciting comments on
this application.

DATES: Comments must be received on or before October 30, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0608, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington,VA. Deliveries are only accepted
during the Docket Facility's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0608. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM

you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mike Mendelsohn, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to those persons interested in agricultural
biotechnology or those who are or may be required to conduct testing of
chemical substances under the Federal Food, Drug, and Cosmetic Act
(FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). Since other entities may also be interested, the Agency has
not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.

II. What Action is the Agency Taking?

    Under section 5 of FIFRA, 7 U.S.C. 136c, EPA can allow
manufacturers to field test pesticides under development. Manufacturers
are required to obtain an EUP before testing new pesticides or new uses
of pesticides if they conduct experimental field tests on 10 acres or
more of land or one acre or more of water.
    In accordance with 40 CFR 172.11(a), the Agency has determined that
the following EUP application may be of regional and national
significance, and therefore is seeking public comment on the EUP
application:
    Submitter: Syngenta Seeds Inc., (67979-EUP-I).
    Pesticide Chemical: [Event 5307] Bacillus thuringiensis eCry3.1Ab
protein and the genetic material necessary for its production (vector
pSYN12274) in event 5307 corn (SYN-[Oslash]53[Oslash]7-1).
    Summary of Request: The 67979-EUP-I application is for 6,889 acres
of Event 5307 and combined trait hybrid PIPs corn as described under
SUMMARY, 2,606 acres of non-PIP corn, and 2,951 acres of border rows
for a total of 12,446 acres during the 2010 growing season. During the
2011 growing season, 6,835 acres of Event 5307 and combined trait
hybrid PIPs corn, 2,584 acres of non-PIP corn, and 2,919 acres of
border rows for a total of 12,338 acres are proposed.
    Five trial protocols will be conducted, including:
     Breeding and observation.
     Efficacy evaluation.
     Agronomic observation.
     Inbred and sample hybrid seed production.
     Regulatory studies.
    States and Commonwealth involved include: Arkansas, California,
Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa,
Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota,
Mississippi, Missouri, Nebraska, New York, North Carolina, Ohio,
Oklahoma, Puerto Rico, South Carolina, South Dakota, Texas, Washington,
and Wisconsin.
    A copy of the application and any information submitted is
available for public review in the docket established for this EUP
application as described under ADDRESSES.
    Following the review of the application and any comments and data
received in response to this solicitation, EPA will decide whether to
issue or deny the EUP request, and if issued, the conditions under
which it is to be conducted. Any issuance of an EUP will be announced
in the Federal Register.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: September 22, 2009.
Keith A. Matthews,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

[FR Doc. E9-23587 Filed 9-29-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Page 69982]
[FR Doc No: 2023-22365]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Proposed Land Use Changes to Surplus
Property at the Jacksonville Executive at Craig Airport, Jacksonville,
FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comment.

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SUMMARY: Notice is being given that the FAA is considering a request
from the Jacksonville Aviation Authority (JAA) to change 79.23 acres of
airport property from aeronautical use to non-aeronautical use for
commercial development at Jacksonville Executive at Craig Airport in
Jacksonville, Florida. The surplus property land is no longer required
for aviation use. The land has been designated for non-aeronatucal use
on the Airport Layout Plan. JAA will enter into a land lease agreement
with a commercial developer, which will generate non-aeronautical
revenue to be used for the operation and maintenance of the airport.

DATES: Comments are due on or before November 9, 2023.

ADDRESSES: Documents are available for review at the FAA Orlando
Airports District Office, 8427 SouthPark Circle, Suite 524, Orlando, FL
32819. Written comments on the Sponsor's request must be delivered or
mailed to: Ryan Allen, Community Planner, Orlando Airports District
Office, 8427 SouthPark Circle, Suite 524, Orlando, FL 32819.

FOR FURTHER INFORMATION CONTACT: Ryan Allen, Community Planner, Orlando
Airports District Office, 8427 SouthPark Circle, Suite 524, Orlando, FL
32819, or by telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or ``modification'' of a Sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.

Bartholomew Vernace,
Manager, Orlando Airports District Office, Southern Region.
[FR Doc. 2023-22365 Filed 10-6-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Proposed Rules]
[Pages 21484-21487]
[FR Doc No: 2017-09325]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0334; Directorate Identifier 2017-NM-008-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-25-
01, for certain Bombardier, Inc., Model DHC-8-400 series airplanes. AD
2014-25-01 currently requires modifying the nose landing gear (NLG)
trailing arm and installing a new pivot pin retention mechanism. Since
we issued AD 2014-25-01, we have received reports of discrepancies of a
certain bolt at the

pivot pin link, resulting in corrosion of the bolt. This proposed AD
would instead require modifying the NLG shock strut assembly. We are
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 23, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>; fax 416-375-
4539; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0334; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0334;
Directorate Identifier 2017-NM-008-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On November 28, 2014, we issued AD 2014-25-01, Amendment 39-18042
(79 FR 73808, December 12, 2014) (``AD 2014-25-01''), for certain
Bombardier, Inc., Model DHC-8-400 series airplanes. AD 2014-25-01 was
prompted by a report of several missing or damaged pivot pin retention
bolts. AD 2014-25-01 requires modifying the NLG trailing arm and
installing a new pivot pin retention mechanism. We issued AD 2014-25-01
to prevent failure of the pivot pin retention bolt, which could result
in a loss of directional control or loss of an NLG tire during take-off
or landing.
    Since we issued AD 2014-25-01, we have received reports of missing
or damaged pivot pin retention bolts and chrome peeling on special bolt
part number 47205-1 at the pivot pin link, resulting in corrosion of
the bolt substrate layer. Therefore, we have determined that the
actions required by AD 2014-25-01 do not address the identified unsafe
condition.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-29R2, dated December 21, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc., Model DHC-8-
400 series airplanes. The MCAI states:

    Two in-service incidents have been reported on DHC-8 Series 400
aircraft in which the nose landing gear (NLG) trailing arm pivot pin
retention bolt (part number NAS6204-13D) was damaged. One incident
involved the left hand NLG tire which ruptured on take-off.
Investigation determined that the retention bolt failure was due to
repeated contact of the castellated nut with the towing device
including both the towbar and the towbarless rigs. The loss of the
retention bolt allowed the pivot pin to migrate from its normal
position and resulted in contact with and rupture of the tire. The
loss of the pivot pin could compromise retention of the trailing arm
and could result in a loss of directional control due to loss of
nose wheel steering. The loss of an NLG tire or the loss of
directional control could adversely affect the aircraft during take-
off or landing.
    To prevent the potential failure of the pivot pin retention
bolt, Bombardier Aerospace has developed a modification which
includes a new retention bolt, a reverse orientation of the
retention bolt and a rework of the weight on wheel (WOW) proximity
sensor cover to provide clearance for the re-oriented retention
bolt.
    Since the original issue of this [Canadian] AD [which
corresponds to AD 2010-13-04, Amendment 39-16335 (75 FR 35622, June
23, 2010)], there have been several reports of pivot pin retention
bolts found missing or damaged. Additional investigation determined
that the failures were caused by high contact stresses on the
retention bolt due to excessive frictional torque on the pivot pin
and an adverse tolerance condition at the retention bolt.
    Revision 1 of this [Canadian] AD mandated the installation of a
new pivot pin retention mechanism.
    Since the issuance of Revision 1 of this [Canadian] AD, there
have been reports of chrome peeling on special bolt part number
47205-1 at the pivot pin link resulting in corrosion of the bolt
substrate layer.
    Revision 2 of this [Canadian] AD mandates the installation of
new special bolt part number 47205-3 with additional processing for
increased chrome plating adhesion on aeroplanes equipped with nose
landing gear shock strut assembly part number 47100-19 or any
assembly with Bombardier (BA) Service Bulletin (SB) 84-32-110
incorporated. In addition, Revision 2 of this [Canadian] AD mandates
the installation of a new pivot pin retention mechanism that
includes new special bolt part number 47205-3 on aeroplanes equipped
with nose landing gear shock strut assembly part number 47100-9,
47100-11, 47100-13, 47100-15, or 47100-17 without BA SB 84-32-110
incorporated. The corrective actions of Revision 2 of this
[Canadian] AD cancel and replace the corrective actions of Revision
1 of this [Canadian] AD.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0334.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Bombardier Service Bulletin 84-32-145,
Revision A, dated October 18, 2016. The service information describes
procedures for modifying the NLG shock strut assembly by installing a

new, improved pivot pin retention mechanism and a new retention bolt.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD affects 52 airplanes of U.S.
registry.
    We also estimate that it would take about 2 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $8,840, or $170 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2014-25-01, Amendment 39-18042 (79 FR 73808, December 12, 2014), and
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2017-0334; Directorate Identifier
2017-NM-008-AD.

(a) Comments Due Date

    We must receive comments by June 23, 2017.

(b) Affected ADs

    This AD replaces AD 2014-25-01, Amendment 39-18042 (79 FR 73808,
December 12, 2014).

(c) Applicability

    This AD applies to Bombardier, Inc., Model DHC-8-400, -401, and
-402 airplanes, certificated in any category, serial numbers 4001,
4003 through 4533 inclusive, and 4535, equipped with any nose
landing gear (NLG) shock strut assembly having part number 47100-9,
47100-11, 47100-13, 47100-15, 47100-17, or 47100-19.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by reports of missing or damaged pivot pin
retention bolts and chrome peeling on a certain bolt at the pivot
pin link, resulting in corrosion of the bolt. We are issuing this AD
to prevent failure of the pivot pin retention bolt, which could
result in a loss of directional control or loss of an NLG tire
during takeoff or landing.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Installation of Improved Pivot Pin Retention Mechanism and Bolt

    Within 6,000 flight hours or 36 months after the effective date
of this AD, whichever occurs first: Install a new pivot pin
retention mechanism to the NLG shock strut assembly, and replace the
existing pivot pin retention bolt with a new bolt, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
84-32-145, Revision A, dated October 18, 2016.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin 84-32-145, dated
July 26, 2016.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the New York ACO, send it to ATTN:
Program Manager, Continuing Operational Safety, FAA, New York ACO,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; fax<PHONE_NUMBER>. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, New York ACO, ANE-170, FAA; or Transport
Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design
Approval Organization (DAO). If approved by the DAO, the approval
must include the DAO-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2009-29R2, dated December
21, 2016, for related information. This MCAI may be found in the

AD docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0334.
    (2) For more information about this AD, contact Fabio Buttitta,
Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171,
FAA, New York Aircraft Certification Office, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531.
    (3) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com. You may view this service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-09325 Filed 5-8-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39553-39554]
[FR Doc No: 2020-14176]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14867-001]

Scott's Mill Hydro, LLC; Notice of Application Tendered for
Filing With the Commission and Soliciting Additional Study Requests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Exemption from Licensing.
    b. Project No.: 14867-001.
    c. Date filed: June 17, 2020.
    d. Applicant: Scott's Mill Hydro, LLC.
    e. Name of Project: Scott's Mill Hydroelectric Project.
    f. Location: On the James River, near the City of Lynchburg, in
Bedford and Amherst Counties, Virginia. No federal or tribal land would
be occupied by project works or located within the project boundary.
    g. Filed Pursuant to: Public Utility Regulatory Policies Act of
1978, 16 U.S.C. 2705, 2708.
    h. Applicant Contact: Mr. Mark Fendig, P.O. Box 13, Coleman Falls,
VA 24536; phone:<PHONE_NUMBER>.
    i. FERC Contact: Jody Callihan, phone:<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of the Commission's regulations,
if any resource agency, Indian Tribe, or person believes that an
additional scientific study should be conducted in order to form an
adequate factual basis for a complete analysis of the application on
its merit, the resource agency, Indian Tribe, or person must file a
request for a study with the Commission not later than 60 days from the
date of filing of the application, and serve a copy of the request on
the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: August 16, 2020.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY).
    m. The application is not ready for environmental analysis at this
time.
    n. The Scott's Mill Hydroelectric Project would consist of: (1) An
existing

masonry dam containing two spillways separated by a 25-foot-wide stone
pier, with one 735-foot-long, 15-foot-high overflow spillway and the
other a 140-foot-long, 16-foot-high arch-section spillway; (2) an
impoundment with a surface area of 316 acres at the normal pool
elevation of 516 feet North American Vertical Datum of 1988 (NAVD 88);
(3) a new modular powerhouse containing nine generating units with a
total installed capacity of 4.5 megawatts that would be installed
immediately downstream of the existing arch-section spillway of the
dam; (4) a new 1,200-foot-long underground transmission line; and (5)
appurtenant facilities.
    To increase flow through the modular powerhouse, Scott's Mill
proposes to remove the top 6.8 feet of the existing arch-section
spillway of the dam and add a 2-foot-high concrete cap to the existing
overflow spillway. Scott's Mill proposes to operate the project in a
run-of-river mode with an estimated annual energy production of 20,700
megawatt-hours.
    o. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested individuals an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. At this time, the Commission has suspended access to
the Commission's Public Access Room due to the proclamation declaring a
National Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact FERC
at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule will
be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Issue Deficiency/Additional Information  August 2020.
 Request (if necessary).
Issue Acceptance Letter................  October 2020.
Issue Scoping Document 1 for comments..  October 2020.
Comments on Scoping Document 1.........  November 2020.
Issue Scoping Document 2 (if necessary)  December 2020.
Issue Notice of Ready for Environmental  December 2020.
 Analysis.
Commission issues EA...................  June 2021.
Comments on EA.........................  July 2021.
------------------------------------------------------------------------

    Dated: June 24, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-14176 Filed 6-30-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Notices]
[Pages 28061-28068]
[FR Doc No: 2020-10060]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88822; File No. SR-NYSEArca-2020-37]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change, as Modified by Amendment No. 1, Regarding
Investments of the PIMCO Enhanced Short Maturity Active ESG Exchange-
Traded Fund

May 6, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 29, 2020, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. On May 4, 2020, the Exchange filed Amendment No. 1 to the
proposed rule change, which superseded and replaced the proposed rule
change in its entirety. The Commission is publishing this notice to
solicit comments on the proposed rule

change, as modified by Amendment No. 1, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes certain changes regarding investments of the
PIMCO Enhanced Short Maturity Active ESG Exchange-Traded Fund (the
``Fund''), a series of PIMCO ETF Trust (the ``Trust''), shares of which
are currently listed and traded on the Exchange under NYSE Arca Rule
8.600-E (``Managed Fund Shares'').\4\ This Amendment No. 1 to SR-
NYSEArca-2020-37 replaces SR-NYSEArca-2020-37 as originally filed and
supersedes such filing in its entirety. The proposed 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.
---------------------------------------------------------------------------

    \4\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Rule 5.2-E(j)(3),
seeks to provide investment results that correspond generally to the
price and yield performance of a specific foreign or domestic stock
index, fixed income securities index or combination thereof.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes certain changes, described below under
``Application of Generic Listing Requirements,'' regarding investments
of the Fund. The shares (``Shares'') of the Fund are currently listed
and traded on the Exchange under Commentary .01 to NYSE Arca Rule
8.600-E, which provides generic criteria applicable to the listing and
trading of Managed Fund Shares.\5\
---------------------------------------------------------------------------

    \5\ Shares commenced trading on the Exchange on December 10,
2019 pursuant to Commentary .01 to NYSE Arca Rule 8.600-E.
---------------------------------------------------------------------------

    Pacific Investment Management Company LLC is the investment adviser
(``PIMCO'' or ``Adviser'') to the Fund. PIMCO Investments LLC is the
distributor (``Distributor'') for the Fund's Shares. State Street Bank
& Trust Co. acts as the custodian and transfer agent (``Custodian'' or
``Transfer Agent'') for the Fund. Shares are offered by PIMCO ETF
Trust, which is registered with the Commission as an open-end
management investment company.\6\
---------------------------------------------------------------------------

    \6\ The Trust is registered under the 1940 Act. On November 12,
2019, the Trust filed with the Commission its registration statement
on Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a), and
under the 1940 Act relating to the Fund (File Nos. 333-155395 and
811-22250) (``Registration Statement''). The description of the
operation of the Trust and the Fund herein is based, in part, on the
Registration Statement. In addition, the Commission has issued an
order upon which the Trust may rely, granting certain exemptive
relief under the 1940 Act. See Investment Company Act Release No.
28993 (November 10, 2009) (File No. 812-13571).
---------------------------------------------------------------------------

    Commentary .06 to Rule 8.600-E provides that, if the investment
adviser to the investment company issuing Managed Fund Shares is
affiliated with a broker-dealer, such investment adviser shall erect
and maintain a ``fire wall'' between the investment adviser and the
broker-dealer with respect to access to information concerning the
composition and/or changes to such investment company portfolio. In
addition, Commentary .06 further requires that personnel who make
decisions on the open-end fund's portfolio composition must be subject
to procedures designed to prevent the use and dissemination of material
nonpublic information regarding the open-end fund's portfolio.
Commentary .06 to Rule 8.600-E is similar to Commentary .03(a)(i) and
(iii) to NYSE Arca Rule 5.2-E(j)(3); however, Commentary .06 in
connection with the establishment and maintenance of a ``fire wall''
between the investment adviser and the broker-dealer reflects the
applicable open-end fund's portfolio, not an underlying benchmark
index, as is the case with index-based funds.
    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 such 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 one or more broker-dealers, 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.
PIMCO Enhanced Short Maturity Active ESG Exchange-Traded Fund
    According to the Registration Statement, the investment objective
of the Fund is to seek maximum current income, consistent with
preservation of capital and daily liquidity, while incorporating
PIMCO's environment, social responsibility, and governance (``ESG'')
investment strategy. Under normal market conditions,\7\ the Fund
invests at least 80% of its net assets in a diversified portfolio of
``Fixed Income Instruments'' (defined below) of varying maturities,
which may be represented by forwards.
---------------------------------------------------------------------------

    \7\ The term ``normal market conditions'' is defined in NYSE
Arca Rule 8.600-E(c)(5).
---------------------------------------------------------------------------

    In managing the Fund's portfolio, PIMCO may avoid investment in the
securities of issuers whose business practices with respect to ESG
practices are not to PIMCO's satisfaction.
    Pursuant to this investment strategy, the Fund may invest in the
following fixed income securities (together, ``Fixed Income
Instruments''):
     securities issued or guaranteed by the U.S. government,
its agencies, or U.S. government-sponsored entities (``U.S. government
securities'');
     corporate debt securities of U.S. and non-U.S. issuers,
including convertible securities and corporate commercial paper;
     mortgage-backed securities (``MBS'') and other asset-
backed securities (``ABS''), including non-agency, non-government-
sponsored entity (``GSE'') and privately-issued mortgage-related and
other asset-backed securities (``Private ABS/MBS''), collateralized
bond obligations (``CBOs''), collateralized loan obligations
(``CLOs''), and other collateralized debt obligations (``CDOs''); \8\
---------------------------------------------------------------------------

    \8\ For avoidance of doubt, ``Private ABS/MBS'' as referenced
herein are non-agency, non-GSE and privately-issued mortgage-related
and other asset-backed securities as stated in Commentary .01(b)(5)
to NYSE Arca Rule 8.600-E. However, for purposes of this filing,
CDOs, CBOs, and CLOs are excluded from the term Private ABS/MBS.
CDOs/CBOs/CLOs are distinguishable from ABS because they are
collateralized by bank loans or by corporate or government fixed
income securities and not by consumer and other loans made by non-
bank lenders, including student loans.

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

     inflation-indexed bonds issued both by governments and
corporations;
     structured notes, including hybrid or ``indexed''
securities and event-linked bonds;
     bank capital and trust preferred securities;
     loan participations and assignments;
     delayed funding loans and revolving credit facilities;
     bank certificates of deposit, fixed time deposits and
bankers' acceptances;
     repurchase agreements on Fixed Income Instruments and
reverse repurchase agreements on Fixed Income Instruments;
     debt securities issued by states or local governments and
their agencies, authorities and other government-sponsored enterprises;
     obligations of non-U.S. governments or their subdivisions,
agencies and government-sponsored enterprises; and
     obligations of international agencies or supranational
entities.
    With respect to Fixed Income Instruments, the Fund may invest,
without limitation, in U.S. dollar-denominated securities of foreign
issuers, U.S. dollar-denominated instruments of foreign issuers, and
securities denominated in foreign currencies.
    The Fund may invest in to-be-announced transactions. The Fund may
also purchase and sell securities on a when-issued, delayed delivery or
forward commitment basis.
    The Fund may, without limitation, seek to obtain market exposure to
the securities in which it primarily invests by entering into a series
of purchase and sale contracts or by using other investment techniques
(such as buy backs or dollar rolls).
    The Fund may hold cash and cash equivalents.\9\
---------------------------------------------------------------------------

    \9\ For purposes of this filing, the term ``cash equivalents''
includes the short-term instruments enumerated in Commentary .01(c)
to NYSE Arca Rule 8.600-E.
---------------------------------------------------------------------------

    The Fund may invest in, to the extent permitted by Section 12(d) of
the 1940 Act or exemptive relief therefrom, other affiliated and
unaffiliated funds, such as open-end or closed-end management
investment companies, including other exchange-traded funds
(``ETFs'').\10\
---------------------------------------------------------------------------

    \10\ For purposes of this filing, the term ``ETFs'' are
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 on national
securities exchanges. While the Fund may invest in inverse ETFs, the
Fund will not invest in leveraged (e.g., 2X, -2X, 3X or -3X) ETFs.
---------------------------------------------------------------------------

Use of Derivatives by the Fund
    The Fund may invest in forwards to (i) provide exposure to Fixed
Income Instruments, (ii) enhance returns, (iii) manage portfolio
duration, or (iv) manage the risk of securities price fluctuations.
Investments in forwards will be made in accordance with the 1940 Act
and consistent with the Fund's investment objective and policies.
    To limit the potential risk associated with such transactions, the
Fund may enter into offsetting transactions or segregate or ``earmark''
assets determined to be liquid by the Adviser in accordance with
procedures established by the Trust's Board of Trustees (the ``Board'')
and in accordance with the 1940 Act or as permitted by applicable
Commission guidance. These procedures have been adopted consistent with
Section 18 of the 1940 Act and related Commission guidance. In
addition, the Fund has included 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 forwards,
may give rise to leverage, causing the Fund to be more volatile than if
it had not been leveraged.
Impact on Arbitrage Mechanism
    The Adviser believes there will be minimal, if any, impact to the
arbitrage mechanism as a result of the Fund's use of forwards. 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 believes that the price at which
Shares trade will continue to be disciplined by arbitrage opportunities
created by the ability to purchase or redeem Shares at their net asset
value (``NAV''), which should ensure that Shares will not trade at a
material discount or premium in relation to their NAV.
Creation and Redemption of Shares
    The Fund offers and issues Shares at the NAV per Share only in
aggregations of a 50,000 Shares or multiples thereof (``Creation
Units''), with certain large institutional investors who have entered
into agreements with the Distributor (``Authorized Participants'')
generally in exchange for a basket of securities (the ``Deposit
Securities'') together with a deposit of a specified cash payment (the
``Cash Component''). Alternatively, the Fund may issue and redeem
Creation Units in exchange for a specified all-cash payment (``Cash
Deposit''). The size of a Creation Unit is subject to change. Shares
are redeemable by the Fund only in Creation Units, and, generally, in
exchange for securities and/or cash.
    A ``Business Day'' with respect to the Fund is each day the
Exchange is open. Orders from Authorized Participants to create or
redeem Creation Units will only be accepted on a Business Day.
    The consideration for purchase of Creation Units may consist of:
(i) Deposit Securities and the Cash Component, which will generally
correspond pro rata, to the extent practicable, to the Fund securities,
or, alternatively; (ii) the Cash Deposit. Together, the Deposit
Securities and Cash Component or, alternatively, the Cash Deposit,
constitute the ``Fund Deposit,'' which represents the minimum initial
and subsequent investment amount for a Creation Unit of the Fund.
    PIMCO, through the National Securities Clearing Corporation
(``NSCC''), makes available on each Business Day, prior to the opening
of business (subject to amendments) on the Exchange (currently 9:30
a.m., Eastern time (``E.T.'')), the identity and the required number of
each Deposit Security and the amount of the Cash Component (or Cash
Deposit) to be included in the current Fund Deposit (based on
information from the end of the previous Business Day).
    The Deposit Securities and Cash Component (or Cash Deposit) are
subject to any adjustments, as described below, in order to effect
purchases of Creation Units of the Fund until such time as the next-
announced composition of the Deposit Securities and Cash Component (or
Cash Deposit) is made available.
    The Trust may require the substitution of an amount of cash (a
``cash-in-lieu'' amount) to replace any Deposit Security of the Fund.
The amount of cash contributed will be equivalent to the value of the
instrument listed as a Deposit Security, as determined by the Trust.
The Trust reserves the right to permit or require the substitution of a
``cash-in-lieu'' amount to be added to replace any Deposit Security
that is a to-be announced (``TBA'') transaction, that may not be
available in sufficient quantity for delivery, that may not be eligible
for trading by a Participating Party (defined below), that may not be
permitted to be registered in the name of the Trust as a result of an
in-kind creation order pursuant to local law or market convention, or
that may not be eligible for transfer through the systems of the
Depository Trust Company (``DTC'') or the Clearing Process (as

discussed below), or the Federal Reserve System for U.S. Treasury
securities. The Trust also reserves the right to permit or require a
``cash-in-lieu'' amount where the delivery of Deposit Securities by the
Authorized Participant (as described below) would be restricted under
the securities laws or where the delivery of Deposit Securities from an
investor to the Authorized Participant would result in the disposition
of Deposit Securities by the Authorized Participant becoming restricted
under the securities laws, and in certain other situations. The Trust
may permit a ``cash-in-lieu'' amount for any reason at the Trust's sole
discretion but is not required to do so.
Redemption of Creation Units
    Shares may be redeemed only in Creation Units at their NAV next
determined after receipt of a redemption request in proper form on a
Business Day and only through a Participating Party \11\ or DTC
Participant \12\ who has executed a Participant Agreement. The Fund
will not redeem shares in amounts less than Creation Units. Beneficial
owners must accumulate enough shares to constitute a Creation Unit in
order to have such shares redeemed by the Trust.
---------------------------------------------------------------------------

    \11\ A ``Participating Party'' is a broker-dealer or other
participant in the clearing process through the Continuous Net
Settlement System of the NSCC (the ``Clearing Process''), a clearing
agency that is registered with the SEC; or (ii) a DTC Participant,
and must have executed an agreement with the Distributor (and
accepted by the Transfer Agent), with respect to creations and
redemptions of Creation Units (``Participant Agreement'').
    \12\ DTC participants include securities brokers and dealers,
banks, trust companies, clearing corporations and other institutions
that directly or indirectly maintain a custodial relationship with
Depository Trust Company.
---------------------------------------------------------------------------

    With respect to the Fund, as mentioned above, PIMCO, through the
NSCC, makes available immediately prior to the opening of business on
the Exchange (currently 9:30 a.m., E.T.) on each Business Day, the
identity of the Fund's securities and/or an amount of cash that will be
delivered in exchange for a redemption request received in proper form
on that day. Fund securities received on redemption (``Fund
Securities'') may not be identical to Deposit Securities that are used
for the creation of Creation Units.
    Unless cash-only redemptions are available or specified for the
Fund, the redemption proceeds for a Creation Unit will generally
consist of Fund Securities--as announced on the Business Day of the
request for a redemption order received in proper form--plus cash in an
amount equal to the difference between the NAV of the Shares being
redeemed, as next determined after a receipt of a request in proper
form, and the value of the Fund Securities (the ``Cash Redemption
Amount''), less a redemption transaction fee, if applicable.
Application of Generic Listing Requirements
    The Exchange is submitting this proposed rule change because the
changes described below would result in the portfolio for the Fund not
meeting all of the ``generic'' listing requirements of Commentary .01
to NYSE Arca Rule 8.600-E applicable to the listing of Managed Fund
Shares. The Fund's portfolio would meet all such requirements except
for those set forth in Commentary .01(b)(1), Commentary .01(b)(4) and
Commentary .01(b)(5). Specifically, the Fund:
     Will not comply with the requirement in Commentary
.01(b)(1) that components that in the aggregate account for at least
75% of the fixed income weight of the portfolio each shall have a
minimum original principal amount outstanding of $100 million or more.
Instead, the Exchange proposes that components, excluding Private ABS/
MBS and CDOs/CBOs/CLOs that, in the aggregate, account for at least 50%
of the fixed income weight of the portfolio each shall have a minimum
original principal amount outstanding of $50 million or more. Private
ABS/MBS and CDOs/CBOs/CLOs would not be subject to a requirement for a
minimum original principal amount outstanding.
     will not comply with the requirement in Commentary
.01(b)(5) to Rule 8.600-E that investments in non-agency, non-
government sponsored entity and privately issued mortgage-related and
other asset-backed securities (i.e., Private ABS/MBS) not account, in
the aggregate, for more than 20% of the weight of the portfolio.\13\
Instead, the Fund will not invest more than 20% of the Fund's total
assets in Private ABS/MBS or more than 20% of the Fund's total assets
in U.S. or foreign CDOs/CBOs/CLOs.
---------------------------------------------------------------------------

    \13\ Commentary .01(b)(5) to NYSE Arca Rule 8.600-E provides
that non-agency, non-government sponsored entity and privately
issued mortgage-related and other asset-backed securities components
of a portfolio may not account, in the aggregate, for more than 20%
of the weight of the portfolio.
---------------------------------------------------------------------------

     will not comply with the requirements in Commentary
.01(b)(4) to Rule 8.600-E that component securities that in the
aggregate account for at least 90% of the fixed income weight of the
portfolio meet one of the criteria specified in Commentary
.01(b)(4).\14\ Instead, the Exchange proposes that (i) the Fund's
investments in fixed income securities that do not meet any of the
criteria in Commentary .01(b)(4) will not exceed 10% of the total
assets of the Fund, excluding Private ABS/MBS and CDOs/CBOs/CLOs; (ii)
Private ABS/MBS, which will be limited to 20% of the Fund's total
assets, will not be required to comply with any of the criteria in
Commentary .01(b)(4) to Rule 8.600-E; and (iii) CDOs/CBOs/CLOs also
will not be subject to any of the criteria in Commentary .01(b)(4) but
will be separately limited to 20% of the Fund's total assets.
---------------------------------------------------------------------------

    \14\ Commentary .01(b)(4) provides that component securities
that in the 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.
---------------------------------------------------------------------------

    Deviations from the generic requirements are necessary for the Fund
to achieve its investment objective in a manner that is cost-effective
and that maximizes investors' returns. Further, the proposed
alternative requirements are narrowly tailored to allow the Fund to
achieve its investment objective in manner that is consistent with the
principles of Section 6(b)(5) of the Act. As a result, it is in the
public interest to approve listing and trading of Shares of the Fund on
the Exchange pursuant to the requirements set forth herein.
    As noted above, the Fund will not comply with the requirement in
Commentary .01(b)(1) to Rule 8.600-E that components that in the
aggregate account for at least 75% of the fixed income weight of the
portfolio each shall have a minimum original principal amount
outstanding of $100 million or more. Instead, the Exchange proposes
that components, excluding Private ABS/MBS and CDOs/CBOs/CLOs, that in
the aggregate account for at least 50% of the fixed income weight of
the portfolio each shall have a minimum original principal amount
outstanding of $50 million or more. Private ABS/MBS and CDOs/CBOs/CLOs
will not be subject to a requirement for a minimum original principal
amount outstanding. At least 50% of the fixed income weight of the
Fund's portfolio, excluding Private ABS/MBS and CDOs/CBOs/CLOs, will
continue to be subject to a substantial minimum (i.e., $50 million)

original principal amount outstanding.\15\ By excluding Private ABS/MBS
and CDOs/CBOs/CLOs from this requirement, the Fund will be able to
better diversify its holdings in such securities, and will be able to
invest in a larger variety of Private ABS/MBS and CDOs/CBOs/CLOs that
have characteristics consistent with the Fund's investment objective to
seek maximum current income, consistent with preservation of capital
and daily liquidity, while incorporating PIMCO's ESG investment
strategy. These characteristics may include, for example, Private ABS/
MBS and CDOs/CBOs/CLOs with investment grade credit rating or liquidity
comparable to fixed income securities with a much greater amount
outstanding. The Adviser represents that, with respect to the Fund's
investments in CDOs/CBOs/CLOs, the Fund will invest principally in the
senior-most tranches of these securities, generally with an AAA
investment rating which have first claim in the capital structure and
generally have less sensitivity to the credit risk of the underlying
assets (e.g., bank loans or commercial real estate).
---------------------------------------------------------------------------

    \15\ The Exchange notes that the Commission has previously
approved a proposed rule change granting the same proposals in
regard to Commentary .01(b)(1) to Rule 8.600-E. See Securities
Exchange Act Release No. 86841 (August 30, 2019), 84 FR 47024
(September 6, 2019) (SR-NYSEArca-2019-38) (Order Approving a
Proposed Rule Change, as Modified by Amendments No. 1 and No. 2, To
Amend the Listing Rule Applicable to Shares of the Aware Ultra-Short
Duration Enhanced Income ETF).
---------------------------------------------------------------------------

    The Fund will not comply with the requirement in Commentary
.01(b)(5) to Rule 8.600-E that investments in non-agency, non-
government sponsored entity and privately issued mortgage-related and
other asset-backed securities (i.e., Private ABS/MBS) not account, in
the aggregate, for more than 20% of the weight of the portfolio.
Instead, the Fund will not invest more than 20% of the Fund's total
assets in Private ABS/MBS or more than 20% of the Fund's total assets
in U.S. or foreign CDOs/CBOs/CLOs.\16\ The Exchange believes that these
20% limitations will help the Fund maintain portfolio diversification
and will reduce manipulation risk. In addition, the Fund's investment
in CDOs/CBOs/CLOs will be subject to the Fund's liquidity procedures as
adopted by the Board, and the Adviser does not expect that investments
in CDOs/CBOs/CLOs of up to 20% of the total assets of the Fund will
have any material impact on the liquidity of the Fund's investments.
---------------------------------------------------------------------------

    \16\ The Exchange notes that the Commission has previously
approved a proposed rule change granting the same proposals in
regard to Commentary .01(b)(5) to Rule 8.600-E. See Securities
Exchange Act Release No. 87576 (November 20, 2019), 84 FR 65206
(November 26, 2019) (SR-NYSEArca-2019-14) (Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1, Relating to
the Permitted Investments of the PGIM Ultra Short Bond ETF).
---------------------------------------------------------------------------

    The Fund will not comply with the requirements in Commentary
.01(b)(4) to Rule 8.600-E that component securities that in the
aggregate account for at least 90% of the fixed income weight of the
portfolio meet one of the criteria specified in Commentary .01(b)(4).
Instead, the Exchange proposes that: (i) The Fund's investments in
fixed income securities that do not meet any of the criteria in
Commentary .01(b)(4) will not exceed 10% of the total assets of the
Fund, excluding Private ABS/MBS and CDOs/CBOs/CLOs; (ii) Private ABS/
MBS, which will be limited to 20% of the Fund's total assets, will not
be required to comply with the criteria in Commentary .01(b)(4)(a)
through (e) to Rule 8.600-E; and (iii) CDOs/CBOs/CLOs also will not be
subject to the criteria in Commentary .01(b)(4)(a) through (e) but will
be subject to a limit of 20%, measured with respect to the total assets
of the Fund. \17\
---------------------------------------------------------------------------

    \17\ The Exchange notes that the Commission has previously
approved a proposed rule change granting the same proposals in
regard to Commentary .01(b)(4) to Rule 8.600-E. See Securities
Exchange Act Release No. 87576 (November 20, 2019), 84 FR 65206
(November 26, 2019) (SR-NYSEArca-2019-14) (Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1, Relating to
the Permitted Investments of the PGIM Ultra Short Bond ETF).
---------------------------------------------------------------------------

    The Exchange accordingly believes that it is appropriate and in the
public interest to approve listing and trading of Shares of the Fund on
the Exchange notwithstanding that the Fund would not meet the
requirements of Commentary .01(b)(1), (b)(4) and (b)(5) to Rule 8.600-
E. The Exchange notes that, other than Commentary .01(b)(1), Commentary
.01 (b)(4) and Commentary .01(b)(5) to Rule 8.600-E, the Fund's
portfolio will meet all other requirements of Rule 8.600.
Availability of Information
    The Fund's website (www.pimco.com) will include the prospectus for
the Fund that may be downloaded. The Fund's website will include
additional quantitative information updated on a daily basis including,
for the Fund, (1) daily trading volume, the prior Business Day's
reported closing price, NAV and midpoint of the bid/ask spread at the
time of calculation of such NAV (the ``Bid/Ask Price''),\18\ and a
calculation of the premium and discount of the Bid/Ask Price against
the NAV, and (2) data in chart format displaying the frequency
distribution of discounts and premiums of the daily Bid/Ask Price
against the NAV, within appropriate ranges, for each of the four
previous calendar quarters. On each Business Day, before commencement
of trading in Shares in the Core Trading Session on the Exchange, the
Fund will disclose on its website the Disclosed Portfolio as defined in
NYSE Arca Rule 8.600-E(c)(2) that forms the basis for the Fund's
calculation of NAV at the end of the Business Day.\19\
---------------------------------------------------------------------------

    \18\ The Bid/Ask Price of the Fund's Shares will be determined
using the mid-point of the highest bid and the lowest offer on the
Exchange as of the time of calculation of the Fund's NAV. The
records relating to Bid/Ask Prices will be retained by the Fund and
its service providers.
    \19\ Under accounting procedures followed by the Fund, trades
made on the prior Business Day (``T'') will be booked and reflected
in NAV on the current Business Day (``T + 1''). Accordingly, the
Fund will be able to disclose at the beginning of the Business Day
the portfolio that will form the basis for the NAV calculation at
the end of the Business Day.
---------------------------------------------------------------------------

    On a daily basis, the Fund will disclose the information required
under NYSE Arca Rule 8.600-E(c)(2) to the extent applicable. The
website information will be publicly available at no charge.
    In addition, a basket composition file, which includes the security
names and share quantities, if applicable, required to be delivered in
exchange for the Fund's Shares, together with estimates and actual cash
components, will be publicly disseminated daily prior to the opening of
the Exchange via the NSCC. The basket represents one Creation Unit of
the Fund. Authorized Participants may refer to the basket composition
file for information regarding fixed income securities, and any other
instrument that may comprise the Fund's basket on a given day.
    Investors can also obtain the Trust's Statement of Additional
Information (``SAI''), the Fund's Shareholder Reports, and the Fund's
Forms N-CSR and Forms N-CEN, filed twice a year. The Fund's SAI and
Shareholder Reports will be available free upon request from the Trust,
and those documents and the Form N-CSR, Form N-PX and Form N-CEN may be
viewed on-screen or downloaded from the Commission's website at
www.sec.gov.
    Intra-day and closing price information regarding fixed income
securities will be available from major market data vendors. For ETFs,
intraday price quotations will generally be available from broker-
dealers and trading platforms (as applicable). Intraday and other price
information for the fixed income securities in which the Fund will
invest will be available through subscription services, such as

Bloomberg, Markit and Thomson Reuters, which can be accessed by
Authorized Participants and other market participants. Price
information for forwards and for affiliated and unaffiliated funds,
such as open-end or closed-end management investment companies, is
available from major market data vendors. Additionally, the Trade
Reporting and Compliance Engine (``TRACE'') of the Financial Industry
Regulatory Authority (``FINRA'') will be a source of price information
for corporate bonds, and Private ABS/MBS, to the extent transactions in
such securities are reported to TRACE.\20\ Money market funds are
typically priced once each Business Day and their prices will be
available through the applicable fund's website or from major market
data vendors. Electronic Municipal Market Access (``EMMA'') will be a
source of price information for municipal bonds. Price information
regarding U.S. government securities, repurchase agreements, reverse
repurchase agreements and cash equivalents generally may be obtained
from brokers and dealers who make markets in such securities or through
nationally recognized pricing services through subscription agreements.
---------------------------------------------------------------------------

    \20\ Broker-dealers that are FINRA member firms have an
obligation to report transactions in specified debt securities to
TRACE to the extent required under applicable FINRA rules.
Generally, such debt securities will have at issuance a maturity
that exceeds one calendar year. For fixed income securities that are
not reported to TRACE, (i) intraday price quotations will generally
be available from broker-dealers and trading platforms (as
applicable) and (ii) price information will be available from feeds
from market data vendors, published or other public sources, or
online information services, as described above.
---------------------------------------------------------------------------

    Information regarding market price and trading volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. Information
regarding the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers.
    Quotation and last sale information for the Shares will be
available via the Consolidated Tape Association (``CTA'') high-speed
line. In addition, the Portfolio Indicative Value (``PIV''), as defined
in NYSE Arca Rule 8.600-E(c)(3), will be widely disseminated by one or
more major market data vendors at least every 15 seconds during the
Core Trading Session.
Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Fund. Trading in Shares of the Fund will
be halted if the circuit breaker parameters in NYSE Arca Rule 7.12-E
have been reached. Trading also may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. Trading in the Fund's Shares also
will be subject to Rule 8.600-E(d)(2)(D) (``Trading Halts'').
Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4:00 a.m. to 8:00 p.m. E.T. in
accordance with NYSE Arca Rule 7.34-E (Trading Sessions). The Exchange
has appropriate rules to facilitate transactions in the Shares during
all trading sessions. As provided in NYSE Arca Rule 7.6-E, the minimum
price variation (``MPV'') for quoting and entry of orders in equity
securities traded on the NYSE Arca Marketplace is $0.01, with the
exception of securities that are priced less than $1.00 for which the
MPV for order entry is $0.0001.
    With the exception of the requirements of Commentary .01(b)(1),
(b)(4) and (b)(5) to Rule 8.600-E as described above in ``Application
of Generic Listing Requirements,'' the Shares of the Fund will conform
to the continued listing criteria under NYSE Arca Rule 8.600-E.
Consistent with NYSE Arca Rule 8.600-E(d)(2)(B)(ii), the Adviser will
implement and maintain, or be subject to, procedures designed to
prevent the use and dissemination of material non-public information
regarding the actual components of the Fund's portfolio.
    The Exchange has obtained a representation from the issuer of the
Shares that the NAV per Share will be calculated daily and that the NAV
and the Disclosed Portfolio will be made available to all market
participants at the same time. The Fund's investments will be
consistent with its investment goal and will not be used to enhance
leverage.
Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by FINRA on behalf
of the Exchange, or by regulatory staff of the Exchange, which are
designed to detect violations of Exchange rules and applicable federal
securities laws. The Exchange represents that these procedures are
adequate to properly monitor Exchange trading of the Shares in all
trading sessions and to deter and detect violations of Exchange rules
and federal securities laws applicable to trading on the Exchange.\21\
---------------------------------------------------------------------------

    \21\ FINRA conducts cross-market surveillances on behalf of the
Exchange pursuant to a regulatory services agreement. The Exchange
is responsible for FINRA's performance under this regulatory
services agreement.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns, which could be
indicative of manipulative or other violative activity. When such
situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant trading violations.
    The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares and ETFs with
other markets and other entities that are members of the Intermarket
Surveillance Group (``ISG''), and the Exchange or FINRA, on behalf of
the Exchange, or both, may obtain trading information regarding trading
in such securities from such markets and other entities.\22\ In
addition, FINRA, on behalf of the Exchange, is able to access, as
needed, trade information for certain fixed income securities held by
the Fund reported to TRACE. FINRA also can access data obtained from
the Municipal Securities Rulemaking Board (``MSRB'') relating to
certain municipal bond trading activity for surveillance purposes in
connection with trading in the Shares.
---------------------------------------------------------------------------

    \22\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement (``CSSA'').
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
    All statements and representations made in this filing regarding
(a) the description of the portfolio or reference asset, (b)
limitations on portfolio holdings or reference assets, or (c) the
applicability of Exchange listing rules specified in this rule filing
shall constitute continued listing requirements for listing the Shares
of the Fund on the Exchange.
    The issuer 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 for compliance with the continued listing requirements. If the

Fund is not in compliance with the applicable listing requirements, the
Exchange will commence delisting procedures under NYSE Arca Rule 5.5-E
(m).
Information Bulletin
    The Exchange will inform its Equity Trading Permit Holders in an
Information Bulletin (``Bulletin'') of the special characteristics and
risks associated with trading the Shares. Specifically, the Bulletin
will discuss the following: (1) The procedures for purchases and
redemptions of Shares in Creation Unit aggregations (and that Shares
are not individually redeemable); (2) NYSE Arca Rule 9.2-E(a), which
imposes a duty of due diligence on its Equity Trading Permit Holders to
learn the essential facts relating to every customer prior to trading
the Shares; (3) the risks involved in trading the Shares during the
applicable Trading Sessions when an updated PIV will not be calculated
or publicly disseminated; (4) how information regarding the PIV and the
Disclosed Portfolio is disseminated; (5) the requirement that Equity
Trading Permit Holders deliver a prospectus to investors purchasing
newly issued Shares prior to or concurrently with the confirmation of a
transaction; and (6) trading information.
    In addition, the Bulletin will reference that the Fund is subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Act. The
Bulletin will also disclose that the NAV for the Shares will be
calculated after 4:00 p.m., E.T. each trading day.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) of the Act that an exchange have
rules that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares are listed and traded on the Exchange pursuant to the initial
and continued listing criteria in NYSE Arca Rule 8.600-E. The Exchange
has in place surveillance procedures that are adequate to properly
monitor trading in the Shares in all trading sessions and to deter and
detect violations of Exchange rules and federal securities laws
applicable to trading on the Exchange. The Adviser is not registered as
a broker-dealer, but the Adviser is affiliated with a broker-dealer and
has implemented and will maintain a ``fire wall'' with respect to such
broker-dealer regarding access to information concerning the
composition and/or changes to the Fund's portfolio. The Exchange or
FINRA, on behalf of the Exchange, or both, will communicate as needed
regarding trading in the Shares and ETFs with other markets and other
entities that are members of the ISG, and the Exchange or FINRA, on
behalf of the Exchange, or both, may obtain trading information
regarding trading in such securities from such markets and other
entities. In addition, FINRA, on behalf of the Exchange, is able to
access, as needed, trade information for certain fixed income
securities held by the Fund reported to TRACE. FINRA also can access
data obtained from the MSRB relating to certain municipal bond trading
activity for surveillance purposes in connection with trading in the
Shares.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the Exchange will obtain a representation from the issuer of the
Shares that the NAV per Share will be calculated daily and that the NAV
and the Disclosed Portfolio will be made available to all market
participants at the same time. In addition, a large amount of
information is publicly available regarding the Fund and the Shares,
thereby promoting market transparency. The website for the Fund
includes a form of the prospectus for the Fund and additional data
relating to NAV and other applicable quantitative information. Trading
in Shares of the Fund will be halted if the circuit breaker parameters
in NYSE Arca Rule 7.12-E have been reached or because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable, and trading in the Shares will be
subject to NYSE Arca Rule 8.600-E (d)(2)(D), which sets forth
circumstances under which trading in the Shares of the Fund may be
halted. In addition, as noted above, investors will have ready access
to information regarding the Fund's holdings, NAV, the PIV, the
Disclosed Portfolio, and quotation and last sale information for the
Shares.
    As described above, deviations from the generic requirements are
necessary for the Fund to achieve its investment objective in a manner
that is cost-effective and that maximizes investors' returns. Further,
the proposed alternative requirements are narrowly tailored to allow
the Fund to achieve its investment objective in manner that is
consistent with the principles of Section 6(b)(5) of the Act. As a
result, it is in the public interest to approve listing and trading of
Shares of the Fund on the Exchange pursuant to the requirements set
forth herein.\23\
---------------------------------------------------------------------------

    \23\ The Exchange represents that, for continued listing, the
Fund will be in compliance with Rule 10A-3 under the Act, as
provided by NYSE Arca Rule 5.3-E.
---------------------------------------------------------------------------

    As discussed above, the Fund will not comply with the requirement
in Commentary .01(b)(1) to Rule 8.600-E that components that in the
aggregate account for at least 75% of the fixed income weight of the
portfolio each have a minimum original principal amount outstanding of
$100 million or more. Instead, the Exchange proposes that components,
excluding Private ABS/MBS and CDOs/CBOs/CLOs, that in the aggregate
account for at least 50% of the fixed income weight of the portfolio
each shall have a minimum original principal amount outstanding of $50
million or more. Private ABS/MBS and CDOs/CBOs/CLOs would not be
subject to a requirement for a minimum original principal amount
outstanding. The Exchange believes this alternative is appropriate
because at least 50% of the fixed income weight of the Fund's
portfolio, excluding Private ABS/MBS and CDOs/CBOs/CLOs, would continue
to be subject to a substantial minimum (i.e., $50 million) original
principal amount outstanding. In addition, by excluding Private ABS/MBS
and CDOs/CBOs/CLOs from this requirement, the Fund will be able to
better diversify its holdings in such securities, and would be able to
invest in a larger variety of Private ABS/MBS and CDOs/CBOs/CLOs that
have characteristics consistent with the Fund's investment objective to
seek maximum current income, consistent with preservation of capital
and daily liquidity, while incorporating PIMCO's ESG investment
strategy.
    The Fund will not comply with the requirement in Commentary
.01(b)(5) to Rule 8.600-E that investments in non-agency, non-
government sponsored entity and privately issued mortgage-related and
other asset-backed securities (i.e., Private ABS/MBS) not account, in
the aggregate, for more than 20% of the weight of the portfolio.
Instead, the Fund will not invest more than 20% of the Fund's total
assets in Private ABS/MBS or more than 20% of the Fund's total assets
in U.S. or foreign CDOs/

CBOs/CLOs.\24\ The Exchange believes that these 20% limitations will
help the Fund maintain portfolio diversification and will reduce
manipulation risk. In addition, the Fund's investment in CDOs/CBOs/CLOs
will be subject to the Fund's liquidity procedures as adopted by the
Board, and the Adviser does not expect that investments in CDOs/CBOs/
CLOs of up to 20% of the total assets of the Fund will have any
material impact on the liquidity of the Fund's investments.
---------------------------------------------------------------------------

    \24\ The Exchange notes that the Commission has previously
approved a proposed rule change granting the same proposals in
regard to Commentary .01(b)(5) to Rule 8.600-E. See Securities
Exchange Act Release No. 87576 (November 20, 2019), 84 FR 65206
(November 26, 2019) (SR-NYSEArca-2019-14) (Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1, Relating to
the Permitted Investments of the PGIM Ultra Short Bond ETF).
---------------------------------------------------------------------------

    The Fund will not comply with the requirements in Commentary
.01(b)(4) to Rule 8.600-E that component securities that in the
aggregate account for at least 90% of the fixed income weight of the
portfolio meet one of the criteria specified in Commentary .01(b)(4).
Instead, the Exchange proposes that: (i) The Fund's investments in
fixed income securities that do not meet any of the criteria in
Commentary .01(b)(4) will not exceed 10% of the total assets of the
Fund, excluding Private ABS/MBS and CDOs/CBOs/CLOs; (ii) Private ABS/
MBS, which will be limited to 20% of the Fund's total assets, will not
be required to comply with any of the criteria in Commentary .01(b)(4);
and (iii) CDOs/CBOs/CLOs also will not be subject to any of the
criteria in Commentary .01(b)(4) but will be separately limited to 20%
of the Fund's total assets.
    The Adviser represents that, with respect to the Fund's investments
in CDOs/CBOs/CLOs, the Fund will invest principally in the senior-most
tranches of these securities, generally with an AAA investment rating
which have first claim in the capital structure and generally have less
sensitivity to the credit risk of the underlying assets (e.g., bank
loans or commercial real estate).
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
an additional type of actively managed ETF that will enhance
competition among market participants, to the benefit of investors and
the marketplace. As noted above, the Exchange has in place surveillance
procedures relating to trading in the Shares and may obtain information
via ISG from other exchanges that are members of ISG or with which the
Exchange has entered into a CSSA. In addition, as noted above,
investors have ready access to information regarding the Fund's
holdings, NAV, the PIV, the Disclosed Portfolio, and quotation and last
sale information for the Shares.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange notes that the
proposed rule change will facilitate a change to the Fund's investments
similar to investments of other actively managed ETFs, shares of which
have been approved for Exchange listing and trading,\25\ that
principally hold fixed income securities, and that will enhance
competition among market participants, to the benefit of investors and
the marketplace.
---------------------------------------------------------------------------

    \25\ See notes 13-15, supra.
---------------------------------------------------------------------------

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as modified by Amendment No. 1, is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2020-37 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-2020-37. 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-2020-37 and should be submitted
on or before June 2, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-10060 Filed 5-11-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5552]
[DOCID:fr30ja08-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI08-2-000]

Scott Hansen; Notice of Declaration of Intention and Soliciting
Comments, Protests, and/or Motions To Intervene

January 24, 2008.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention.
    b. Docket No: DI08-2-000.
    c. Date Filed: January 11, 2008.
    d. Applicant: Scott Hansen.
    e. Name of Project: Hansen Residential Microhydro.
    f. Location: The proposed Hansen Residential Microhydro will be
located on an unnamed stream in the Haines Borough near Haines, Alaska,
at T. 30 S., R. 59 E., sec. 28, Copper River Meridian.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. 817(b).
    h. Applicant Contact: Scott Hansen, P.O. Box 1138, Haines, AK
99827; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS><EMAIL_ADDRESS>

    i. FERC Contact: Any questions on this notice should be addressed
to Henry Ecton,<PHONE_NUMBER>, or E-mail address<EMAIL_ADDRESS>    j. Deadline for filing comments, protests, and/or motions: February
25, 2008.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and/or
interventions may be filed electronically via the Internet in lieu of
paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site at http://www.ferc.gov under the ``e-Filing''

link.
    Please include the docket number (DI08-2-000) on any comments,
protests, and/or motions filed.
    k. Description of Project: The proposed run-of-river Hansen
Residential Microhydro will include: (1) A 3-foot-high, 10-foot-wide
diversion from an unnamed stream into a 4.2 cubic yard concrete intake
structure with a 120-cubic-foot capacity; (2) a 6-inch-diameter, 200-
foot-long polyethylene penstock; (3) a powerhouse containing a
generator with a total capacity of 26 kW; and (4) appurtenant
facilities. The proposed project will not be connected to an interstate
grid and will not occupy any tribal or federal lands.
    When a Declaration of Intention is filed with the Federal Energy
Regulatory Commission, the Federal Power Act requires the Commission to
investigate and determine if the interests of interstate or foreign
commerce would be affected by the project. The Commission also
determines whether or not the project: (1) Would be located on a
navigable waterway; (2) would occupy or affect public lands or
reservations of the United States; (3) would utilize surplus water or
water power from a government dam; or (4) if applicable, has involved
or would involve any construction subsequent to 1935 that may have
increased or would increase the project's head or generating capacity,
or have otherwise significantly modified the project's pre-1935 design
or operation.
    l. Locations of the Application: Copies of this filing are on file
with the Commission and are available for public inspection. This
filing may be viewed on the web at http://www.ferc.gov using the

``eLibrary'' link, select ``Docket'' and follow the
instructions. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or TTY,

contact<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', AND/
OR ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of
the particular application to which the filing refers. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-1627 Filed 1-29-08; 8:45 am]

BILLING CODE 6717-01-P