[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Notices]
[Pages 17351-17358]
[FR Doc No: 2022-06385]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94486; File No. SR-NYSEArca-2022-14]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To List and Trade
Shares of the Columbia Seligman Semiconductor and Technology ETF Under
NYSE Arca Rule 8.601 (Active Proxy Portfolio Shares)

March 22, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on March 14, 2022, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade shares of the following
under NYSE Arca Rule 8.601-E: Columbia Seligman Semiconductor and
Technology ETF. The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange has adopted NYSE Arca Rule 8.601-E for the purpose of
permitting the listing and trading, or trading pursuant to unlisted
trading privileges (``UTP''), of Active Proxy Portfolio Shares, which
are securities issued by an actively managed open-end investment
management company.\4\ Commentary .01 to Rule 8.601-E requires the
Exchange to file separate proposals under Section 19(b) of the Act
before listing and trading any series of Active Proxy Portfolio Shares
on the Exchange. Therefore, the Exchange is submitting this proposal in
order to list and trade shares (``Shares'') of Active Proxy Portfolio
Shares of the Columbia Seligman Semiconductor and Technology ETF (the
``Fund'') under Rule 8.601-E.
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    \4\ See Securities Exchange Act Release No. 89185 (June 29,
2020), 85 FR 40328 (July 6, 2020) (SR-NYSEArca-2019-95). Rule 8.601-
E(c)(1) provides that ``[t]he term ``Active Proxy Portfolio Share''
means a security that (a) is issued by a investment company
registered under the Investment Company Act of 1940 (``Investment
Company'') organized as an open-end management investment company
that invests in a portfolio of securities selected by the Investment
Company's investment adviser consistent with the Investment
Company's investment objectives and policies; (b) is issued in a
specified minimum number of shares, or multiples thereof, in return
for a deposit by the purchaser of the Proxy Portfolio or Custom
Basket, as applicable, and/or cash with a value equal to the next
determined net asset value (``NAV''); (c) when aggregated in the
same specified minimum number of Active Proxy Portfolio Shares, or
multiples thereof, may be redeemed at a holder's request in return
for the Proxy Portfolio or Custom Basket, as applicable, and/or cash
to the holder by the issuer with a value equal to the next
determined NAV; and (d) the portfolio holdings for which are
disclosed within at least 60 days following the end of every fiscal
quarter.'' Rule 8.601-E(c)(2) provides that ``[t]he term ``Actual
Portfolio'' means the identities and quantities of the securities
and other assets held by the Investment Company that shall form the
basis for the Investment Company's calculation of NAV at the end of
the business day.'' Rule 8.601-E(c)(3) provides that ``[t]he term
``Proxy Portfolio'' means a specified portfolio of securities, other
financial instruments and/or cash designed to track closely the
daily performance of the Actual Portfolio of a series of Active
Proxy Portfolio Shares as provided in the exemptive relief pursuant
to the Investment Company Act of 1940 applicable to such series.''
Rule 8.601-E(c)(4) provides that the term ``Custom Basket'' means a
portfolio of securities that is different from the Proxy Portfolio
and is otherwise consistent with the exemptive relief issued
pursuant to the Investment Company Act of 1940 applicable to a
series of Active Proxy Portfolio Shares.
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Key Features of Active Proxy Portfolio Shares
    While funds issuing Active Proxy Portfolio Shares will be actively-
managed and, to that extent, will be similar to Managed Fund Shares,
Active Proxy Portfolio Shares differ from Managed Fund Shares in the
following important respects. First, in contrast to Managed Fund
Shares, which are actively-managed funds listed and traded under NYSE
Arca Rule 8.600-E \5\ and for which a ``Disclosed Portfolio'' is
required to be disseminated at least once daily,\6\ the portfolio for
an issue of Active Proxy Portfolio Shares will be publicly disclosed
within at least 60 days following the end of every fiscal quarter in
accordance with normal disclosure requirements otherwise applicable to
open-end management investment companies registered under the
Investment Company Act of 1940 (the ``1940 Act'').\7\ The composition
of the portfolio of an issue of Active Proxy Portfolio Shares would not
be available at commencement of Exchange listing

and trading. Second, in connection with the creation and redemption of
Active Proxy Portfolio Shares, such creation or redemption may be
exchanged for a Proxy Portfolio or Custom Basket, as applicable, and/or
cash with a value equal to the next-determined NAV. A series of Active
Proxy Portfolio Shares with a Proxy Portfolio will disclose the Proxy
Portfolio on a daily basis, which, as described above, is designed to
track closely the daily performance of the Actual Portfolio of a series
of Active Proxy Portfolio Shares, instead of the actual holdings of the
Investment Company, as provided by a series of Managed Fund Shares. As
set forth in NYSE Arca Rule 8.601-E(d)(2)(B)(ii), for Active Proxy
Portfolio Shares using a Custom Basket, each Business Day,\8\ before
the opening of trading in the Core Trading Session (as defined in NYSE
Arca Rule 7.34-E (a)), the Investment Company shall make publicly
available on its website the composition of any Custom Basket
transacted on the previous business day, except a Custom Basket that
differs from the applicable Proxy Portfolio only with respect to cash.
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    \5\ The Commission has previously approved listing and trading
on the Exchange of a number of issues of Managed Fund Shares under
NYSE Arca Rule 8.600-E. See, e.g., Securities Exchange Act Release
Nos. 57801 (May 8, 2008), 73 FR 27878 (May 14, 2008) (SR-NYSEArca-
2008-31) (order approving Exchange listing and trading of twelve
actively-managed funds of the WisdomTree Trust); 60460 (August 7,
2009), 74 FR 41468 (August 17, 2009) (SR-NYSEArca-2009-55) (order
approving listing of Dent Tactical ETF); 63076 (October 12, 2010),
75 FR 63874 (October 18, 2010) (SR-NYSEArca-2010-79) (order
approving Exchange listing and trading of Cambria Global Tactical
ETF); 63802 (January 31, 2011), 76 FR 6503 (February 4, 2011) (SR-
NYSEArca-2010-118) (order approving Exchange listing and trading of
the SiM Dynamic Allocation Diversified Income ETF and SiM Dynamic
Allocation Growth Income ETF). The Commission also has approved a
proposed rule change relating to generic listing standards for
Managed Fund Shares. See Securities Exchange Act Release No. 78397
(July 22, 2016), 81 FR 49320 (July 27, 2016) (SR-NYSEArca-2015-110)
(amending NYSE Arca Equities Rule 8.600 to adopt generic listing
standards for Managed Fund Shares).
    \6\ NYSE Arca Rule 8.600-E(c)(2) defines the term ``Disclosed
Portfolio'' as the identities and quantities of the securities and
other assets held by the Investment Company that will form the basis
for the Investment Company's calculation of net asset value at the
end of the business day. NYSE Arca Rule 8.600-E(d)(2)(B)(i) requires
that the Disclosed Portfolio will be disseminated at least once
daily and will be made available to all market participants at the
same time.
    \7\ A mutual fund is required to file with the Commission its
complete portfolio schedules for the second and fourth fiscal
quarters on Form N-CSR under the 1940 Act. Information reported on
Form N-PORT for the third month of a fund's fiscal quarter will be
made publicly available 60 days after the end of a fund's fiscal
quarter. Form N-PORT requires reporting of a fund's complete
portfolio holdings on a position-by-position basis on a quarterly
basis within 60 days after fiscal quarter end. Investors can obtain
a series of Active Proxy Portfolio Shares' Statement of Additional
Information (``SAI''), its Shareholder Reports, its Form N-CSR,
filed twice a year, and its Form N-CEN, filed annually. A series of
Active Proxy Portfolio Shares' SAI and Shareholder Reports will be
available free upon request from the Investment Company, and those
documents and the Form N-PORT, Form N-CSR, and Form N-CEN may be
viewed on-screen or downloaded from the Commission's website at
www.sec.gov.
    \8\ ``Business Day'' is defined to mean any day that the
Exchange is open, including any day when the Fund satisfies
redemption requests as required by Section 22(e) of the 1940 Act.
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    The Commission has previously approved \9\ and noticed for
immediate effectiveness \10\ the listing and trading on the Exchange of
series of Active Proxy Portfolio Shares under NYSE Arca Rule 8.601-E.
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    \9\ See Securities Exchange Act Release Nos. 89185 (June 29,
2020), 85 FR 40328 (July 6, 2020) (SR-NYSEArca-2019-95) (Notice of
Filing of Amendment No. 6 and Order Granting Accelerated Approval of
a Proposed Rule Change, as Modified by Amendment No. 6, to Adopt
NYSE Arca Rule 8.601-E to Permit the Listing and Trading of Active
Proxy Portfolio Shares and To List and Trade Shares of the Natixis
U.S. Equity Opportunities ETF Under Proposed NYSE Arca Rule 8.601-E)
(``Natixis Order''); 89192 (June 30, 2020), 85 FR 40699 (July 7,
2020) (SR-NYSEArca-2019-96) (Notice of Filing of Amendment No. 5 and
Order Granting Accelerated Approval of a Proposed Rule Change, as
Modified by Amendment No. 5, to List and Trade Two Series of Active
Proxy Portfolio Shares Issued by the American Century ETF Trust
under NYSE Arca Rule 8.601-E); 89191 (June 30, 2020), 85 FR 40358
(July 6, 2020) (SR-NYSEArca-2019-92) (Notice of Filing of Amendment
No. 3 and Order Granting Accelerated Approval of a Proposed Rule
Change, as Modified by Amendment No. 3, to List and Trade Four
Series of Active Proxy Portfolio Shares Issued by T. Rowe Price
Exchange-Traded Funds, Inc. under NYSE Arca Rule 8.601-E); 89438
(July 31, 2020), 85 FR 47821 (August 6, 2020) (SR-NYSEArca-2020-51)
(Order Granting Approval of a Proposed Rule Change, as Modified by
Amendment No. 2, to List and Trade Shares of Natixis Vaughan Nelson
Select ETF and Natixis Vaughan Nelson MidCap ETF under NYSE Arca
Rule 8.601-E). See also Securities Exchange Act Release Nos. 88887
(May 15, 2020), 85 FR 30990 (May 21, 2020) (SR-CboeBZX-2019-107)
(Notice of Filing of Amendment No. 5 and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment No. 5,
to Adopt Rule 14.11(m), Tracking Fund Shares, and to List and Trade
Shares of the Fidelity Blue Chip Value ETF, Fidelity Blue Chip
Growth ETF, and Fidelity New Millennium ETF).
    \10\ See Securities Exchange Act Release Nos. 92104 (June 3,
2021), 86 FR 30635 (June 9, 2021) (NYSEArca-2021-46) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to List
and Trade Shares of the Nuveen Santa Barbara Dividend Growth ETF,
Nuveen Small Cap Select ETF, and Nuveen Winslow Large-Cap Growth ESG
ETF Under NYSE Arca Rule 8.601-E (Active Proxy Portfolio Shares);
92958 (September 13, 2021), 86 FR 51933 (September 17, 2021)
(NYSEArca-2021-77) (Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To List and Trade Shares of the Nuveen Growth
Opportunities ETF Under NYSE Arca Rule 8.601-E (Active Proxy
Portfolio Shares); and 93264 (October 6, 2021), 86 FR 56989 (October
13, 2021) (SR-NYSEArca-2021-84) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change To List and Trade Shares of
the Schwab Ariel ESG ETF Under NYSE Arca Rule 8.601-E (Active Proxy
Portfolio Shares).
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    The Shares of the Fund will be issued by the Columbia ETF Trust I
(the ``Trust''), which is organized as a business trust under the laws
of the Commonwealth of Massachusetts and registered with the Commission
as an open-end management investment company.\11\ Columbia Management
Investment Advisers, LLC will be the investment adviser to the Fund
(the ``Adviser''). The Bank of New York Mellon will serve as the Fund's
transfer agent, custodian, and will conduct certain administrative
functions. ALPS Distributors, Inc will act as the distributor (the
``Distributor'') for the Fund.
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    \11\ The Trust is registered under the 1940 Act. On December 17,
2021, the Trust filed a registration statement on Form N-1A under
the 1940 Act, and on February 25, 2022, the Trust filed a Post-
Effective Amendment on Form N-1A under the Securities Act of 1933,
relating to the Fund (File No. 811-22736) (the ``Registration
Statement''). The Trust filed an application for an order under
Section 6(c) of the 1940 Act for exemptions from various provisions
of the 1940 Act and rules thereunder (File No. 812-15239), dated
June 16, 2021 and amended the application on July 1, 2021 (the
``Application''). See Investment Company Act Release No. 34345 (July
27, 2021). On August 24, 2021, the Commission issued an order (the
``Exemptive Order'') under the 1940 Act granting the exemptions
requested in the Application (Investment Company Act Release No.
34359, August 24, 2021). Investments made by the Fund will comply
with the conditions set forth in the Application and the Exemptive
Order. See e.g., note 14, infra. The description of the operation of
the Fund herein is based, in part, on the Registration Statement,
the Application and the Exemptive Order. The Exchange will not
commence trading in Shares of the Fund until the Registration
Statement is effective.
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    Commentary .04 to NYSE Arca Rule 8.601-E provides that, if the
investment adviser to the Investment Company issuing Active Proxy
Portfolio Shares is registered as a broker-dealer or is affiliated with
a broker-dealer, such investment adviser will erect and maintain a
``fire wall'' between the investment adviser and personnel of the
broker-dealer or broker-dealer affiliate, as applicable, with respect
to access to information concerning the composition and/or changes to
such Investment Company's Actual Portfolio, Proxy Portfolio, and/or
Custom Basket, as applicable. Any person related to the investment
adviser or Investment Company who makes decisions pertaining to the
Investment Company's Actual Portfolio, Proxy Portfolio, and/or Custom
Basket, as applicable, or has access to non-public information
regarding the Investment Company's Actual Portfolio, Proxy Portfolio,
and/or the Custom Basket, as applicable, or changes thereto must be
subject to procedures reasonably designed to prevent the use and
dissemination of material non-public information regarding the Actual
Portfolio, Proxy Portfolio, and/or the Custom Basket, as applicable, or
changes thereto. Commentary .04 is similar to Commentary .03(a)(i) and
(iii) to NYSE Arca Rule 5.2-E(j)(3); however, Commentary .04, in
connection with the establishment 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.\12\ Commentary .04 is also similar to
Commentary .06 to Rule 8.600-E related to Managed Fund Shares, except
that Commentary .04 relates to establishment and maintenance of a
``fire wall'' between the investment adviser and personnel of the
broker-dealer or broker-dealer affiliate, as applicable, applicable to
an Investment Company's Actual Portfolio, Proxy Portfolio, and/or
Custom Basket,

as applicable, or changes thereto, and not just to the underlying
portfolio, as is the case with Managed Fund Shares.
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    \12\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, the Adviser and its related personnel will be
subject to the provisions of Rule 204A-1 under the Advisers Act
relating to codes of ethics. This Rule requires investment advisers
to adopt a code of ethics that reflects the fiduciary nature of the
relationship to clients as well as compliance with other applicable
securities laws. Accordingly, procedures designed to prevent the
communication and misuse of non-public information by an investment
adviser must be consistent with Rule 204A-1 under the Advisers Act.
In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful
for an investment adviser to provide investment advice to clients
unless such investment adviser has (i) adopted and implemented
written policies and procedures reasonably designed to prevent
violations, by the investment adviser and its supervised persons, of
the Advisers Act and the Commission rules adopted thereunder; (ii)
implemented, at a minimum, an annual review regarding the adequacy
of the policies and procedures established pursuant to subparagraph
(i) above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above.
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    In addition, Commentary .05 to Rule 8.601-E provides that any
person or entity, including a custodian, Reporting Authority,
distributor, or administrator, who has access to non-public information
regarding the Investment Company's Actual Portfolio, the Proxy
Portfolio, or the Custom Basket, as applicable, or changes thereto,
must be subject to procedures reasonably designed to prevent the use
and dissemination of material non-public information regarding the
applicable Investment Company Actual Portfolio, the Proxy Portfolio, or
the Custom Basket, as applicable, or changes thereto. Moreover, if any
such person or entity is registered as a broker-dealer or affiliated
with a broker-dealer, such person or entity will erect and maintain a
``fire wall'' between the person or entity and the broker-dealer with
respect to access to information concerning the composition and/or
changes to such Investment Company Actual Portfolio, Proxy Portfolio,
or Custom Basket, as applicable.
    The Adviser is not registered as a broker-dealer but is affiliated
with broker-dealers. The Adviser has implemented and will maintain a
``fire wall'' with respect to such broker-dealer affiliates regarding
access to information concerning the composition of and/or changes to
the Fund's Actual Portfolio, Proxy Portfolio, and/or Custom Basket, as
applicable.
    In the event (a) the Adviser becomes registered as a broker-dealer
or becomes newly affiliated with a broker-dealer, or (b) any new
adviser or sub-adviser is a registered broker-dealer, or becomes
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 Fund's Actual Portfolio, Proxy
Portfolio, and/or Custom Basket, as applicable, and will be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding the Fund's Actual Portfolio, Proxy
Portfolio, and/or Custom Basket, as applicable, or changes thereto. Any
person related to the Adviser or the Fund who makes decisions
pertaining to the Fund's Actual Portfolio, the Proxy Portfolio, or
Custom Basket, as applicable, or has access to non-public information
regarding the Fund's Actual Portfolio, the Proxy Portfolio, and/or the
Custom Basket, as applicable, or changes thereto are subject to
procedures reasonably designed to prevent the use and dissemination of
material non-public information regarding the Fund's Actual Portfolio,
the Proxy Portfolio, and/or the Custom Basket, as applicable, or
changes thereto.
    In addition, any person or entity, including any service provider
for the Fund, who has access to non-public information regarding the
Fund's Actual Portfolio, the Proxy Portfolio, and/or the Custom Basket,
as applicable, or changes thereto, will be subject to procedures
reasonably designed to prevent the use and dissemination of material
non-public information regarding the Fund's Actual Portfolio, the Proxy
Portfolio, and/or the Custom Basket, as applicable, or changes thereto.
Moreover, if any such person or entity is registered as a broker-dealer
or affiliated with a broker-dealer, such person or entity has erected
and will maintain a ``fire wall'' between the person or entity and the
broker-dealer with respect to access to information concerning the
composition and/or changes to the Fund's Actual Portfolio, Proxy
Portfolio, and/or Custom Basket, as applicable.
Description of the Fund
    According to the Registration Statement, the Adviser will identify
a ``Tracking Basket'' \13\ for the Fund, which is designed to closely
track the daily performance of the Fund but is not the Fund's Actual
Portfolio. The Tracking Basket is comprised of (1) select recently
disclosed portfolio holdings and/or select securities from the universe
from which the Fund's investments are selected (``Strategy
Components''); (2) liquid ETFs that convey information about the types
of instruments (that are not otherwise fully represented by Strategy
Components) in which the Fund invests (``Representative ETFs''); and
(3) cash and cash equivalents. Representative ETFs may constitute no
more than 50% of the Tracking Basket's assets on each Business Day at
the time that the Tracking Basket is published. Representative ETFs
will be selected for inclusion in the Tracking Basket such that, when
aggregated with the other Tracking Basket components, the Tracking
Basket corresponds to the Fund's overall holdings exposure. The Fund
will publish on its website a Tracking Basket before the commencement
of trading of the Fund's Shares on each Business Day, and the Adviser
will not make intra-day changes to the Tracking Basket except to
correct errors in the published Tracking Basket.
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    \13\ The ``Tracking Basket'' is the Proxy Portfolio for purposes
of Rule 8.601-E(c)(3).
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    In addition, on each Business Day, before commencement of trading
of the Shares, the Fund will publish on its website the ``Tracking
Basket Weight Overlap,'' which is the percentage weight overlap between
the holdings of the prior Business Day's Tracking Basket compared to
the holdings of the Fund that formed the basis for the Fund's
calculation of NAV at the end of the prior Business Day. The Tracking
Basket Weight Overlap is calculated by taking the lesser weight of each
asset held in common between the Fund's Actual Portfolio and the
Tracking Basket and adding the totals. The Tracking Basket Weight
Overlap is intended to provide investors with an understanding of the
degree to which the Tracking Basket and the Fund's Actual Portfolio
overlap and help investors evaluate the risk that the performance of
the Tracking Basket may deviate from the performance of the portfolio
holdings of the Fund.
Columbia Seligman Semiconductor and Technology ETF
    The Fund's holdings will conform to the permissible investments as
set forth in the Application and Exemptive Order, and the holdings will
be consistent with all requirements in the Application and Exemptive
Order.\14\ Any foreign common stocks held by the Fund will be traded on
an exchange that is a member of the Intermarket Surveillance Group
(``ISG'') or with which the Exchange has in place a comprehensive
surveillance sharing agreement.
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    \14\ Pursuant to the Application and Exemptive Order, the
permissible investments for the Fund include only the following
instruments: ETFs traded on a U.S. exchange; exchange-traded notes
(``ETNs'') traded on a U.S. exchange; U.S. exchange-traded common
stocks, common stocks listed on a foreign exchange that trade on
such exchange contemporaneously with the Shares (``foreign common
stocks'') in the Exchange's Core Trading Session (normally, 9:30
a.m. to 4:00 p.m. Eastern Time (``E.T.'')); U.S. exchange-traded
preferred stocks, U.S. exchange-traded American Depositary Receipts
(``ADRs''); U.S. exchange-traded real estate investment trusts; U.S.
exchange-traded commodity pools; U.S. exchange-traded metals trusts;
U.S. exchange-traded currency trusts; and U.S. exchange-traded
futures that trade contemporaneously with the Shares. In addition,
the Fund may hold cash and cash equivalents (short-term U.S.
Treasury securities, government money market funds, and repurchase
agreements). Pursuant to the Application and Exemptive Order, the
Fund will not hold short positions or invest in derivatives other
than U.S. exchange-traded futures, will not borrow for investment
purposes, and will not purchase any securities that are illiquid
investments at the time of purchase.
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    According to the Registration Statement, the Fund's investment
objective is to seek capital appreciation.

Under normal market conditions, the Fund will invest at least 80% of
its net assets in securities of semiconductor, semiconductor equipment
and related technology companies (Semiconductor and Tech Companies). A
company will be considered a Semiconductor and Tech Company if, at the
time of Fund investment, the company is categorized by the Global
Industry Classification Standard (GICS[supreg]) as within the
semiconductor and semiconductor equipment industry or at least 50% of
the company's revenues, sales, earnings or assets will arise from or
will be dedicated to the design, development, manufacturing process,
distribution or sale of semiconductors, other integrated chips (ICs) or
semiconductor equipment. A Semiconductor and Tech Company may also
include a company that primarily internally sources/develops (versus
purchasing from third parties) its own semiconductors and other ICs for
use within its technology products. The companies that the Fund invests
in will generally operate in the following industries as categorized by
GICS[supreg]: Semiconductors and semiconductor equipment; communication
equipment; electronic equipment, instruments and components; technology
hardware, storage and peripherals; and software.
Investment Restrictions
    The Shares of the Fund will conform to the initial and continued
listing criteria under Rule 8.601-E. The Fund's holdings will be
limited to and consistent with permissible holdings as described in the
Application and Exemptive Order and all requirements in the Application
and Exemptive Order.\15\
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    \15\ Id.
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    The Fund's investments, including derivatives, will be consistent
with its investment objectives and will not be used to enhance leverage
(although certain derivatives and other investments may result in
leverage). That is, the Fund's investments will not be used to seek
performance that is the multiple or inverse multiple (e.g., 2X or -3X)
of the Fund's primary broad-based securities benchmark index (as
defined in Form N-1A).\16\
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    \16\ The Fund's broad-based securities benchmark index will be
identified in a future amendment to its Registration Statement
following the Fund's first full calendar year of performance.
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Creations and Redemptions of Shares
    According to the Registration Statement, the Trust will issue and
sell Shares of the Fund only in specified minimum size ``Creation
Units'' through the Distributor on a continuous basis at their NAV next
determined after receipt of an order in proper form on any Business
Day. The NAV of the Fund's Shares will be calculated each Business Day
as of the close of regular trading on the Exchange, ordinarily 4:00
p.m. E.T. A Creation Unit will generally consist of at least 25,000
Shares.
    According to the Registration Statement, Shares of the Fund will be
purchased and redeemed in Creation Units. Creation Units are typically
purchased and redeemed in-kind, but they may also be purchased and
redeemed, in whole or in part, for cash in the Adviser's discretion.
Accordingly, except where the purchase or redemption will include cash,
purchasers will be required to purchase Creation Units by making an in-
kind deposit of specified instruments (``In-Kind Creation Basket''),
and shareholders redeeming their Shares will receive an in-kind
transfer of specified instruments (``In-Kind Redemption Basket'').
Under certain circumstances, the Fund may accept a nonconforming or
``custom'' In-Kind Creation Basket or honor a redemption request with a
nonconforming or ``custom'' In-Kind Redemption Basket.
    Creation Units of the Fund may be purchased and/or redeemed
entirely or partially for cash in the Adviser's discretion. When full
or partial cash purchases or redemptions of Creation Units are
available or specified for the Fund, they will be effected in
essentially the same manner as in-kind purchases or redemptions
thereof. The Adviser may determine, upon receiving a purchase or
redemption order from an Authorized Participant, to have the purchase
or redemption, as applicable, be made entirely or in part in cash.
    If there is a difference between the NAV attributable to a Creation
Unit and the aggregate market value of securities in the In-Kind
Creation Basket, the party conveying instruments with the lower value
will also pay to the other an amount in cash equal to that difference
(the ``Balancing Amount'').
    Each Business Day, prior to the opening of trading on the Exchange,
the Fund will publish through the National Securities Clearing
Corporation the names and quantities of the instruments comprising the
In-Kind Creation Basket as well as the estimated Balancing Amount (if
any), for that day. The published In-Kind Creation Basket will apply
until a new In-Kind Creation Basket is announced on the following
Business Day, and there will be no intra-day changes to the In-Kind
Creation Basket except to correct errors in the published In-Kind
Creation Basket. The In-Kind Creation Basket will be published each
Business Day regardless of whether the Fund decides to issue or redeem
Creation Units entirely or in part on a cash basis.
    All orders to purchase or redeem Creation Units must be placed with
the Distributor by or through an Authorized Participant. Orders to
purchase or redeem Creation Units will be accepted until the ``Order
Cut-Off Time,'' generally 2:00 p.m. E.T. The date on which an order to
purchase or redeem Creation Units is received and accepted is referred
to as the ``Order Placement Date.'' All Creation Unit orders must be
received by the Distributor no later than the Order Cut-Off Time in
order to receive the NAV determined on the Order Placement Date. When
the Exchange closes earlier than normal, the Fund may require orders
for Creation Units to be placed earlier in the Business Day.
Availability of Information
    The Fund's website (www.columbiathreadneedleus.com/investment-products/exchange-traded-funds), which will be publicly available prior
to the public offering of Shares, will include a form of the prospectus
for the Fund that may be downloaded. The Fund's website will include on
a daily basis, per Share of the Fund, the prior Business Day's NAV, the
prior Business Day's ``Closing Price'' or ``Bid/Ask Price,'' \17\ and a
calculation of the premium/discount of such Closing Price or Bid/Ask
Price against such NAV.\18\ The Adviser has represented that the Fund's
website will also provide: (1) Any other information regarding
premiums/discounts as may be required for other ETFs under Rule 6c-11
under the 1940 Act, as amended, and (2) any information regarding the
bid/ask spread for the Fund as may be required for other ETFs under
Rule 6c-11 under the 1940 Act, as amended. The Fund's website also will
disclose the information required under Rule 8.601-E(c)(3).\19\ The
website and information will be publicly available at no charge.
---------------------------------------------------------------------------

    \17\ The records relating to Bid/Ask Prices will be retained by
the Fund or its service providers. The ``Bid/Ask Price'' is the
midpoint of the highest bid and lowest offer based upon the National
Best Bid and Offer as of the time of calculation of the Fund's NAV.
The ``National Best Bid and Offer'' is the current national best bid
and national best offer as disseminated by the Consolidated
Quotation System or UTP Plan Securities Information Processor. The
``Closing Price'' of Shares is the official closing price of the
Shares on the Exchange.
    \18\ The ``premium/discount'' refers to the premium or discount
to the NAV at the end of a trading day and will be calculated based
on the last Bid/Ask Price or the Closing Price on such trading day.
    \19\ See note 4, supra. Rule 8.601-E (c)(3) provides that the
website for each series of Active Proxy Portfolio Shares shall
disclose the information regarding the Proxy Portfolio as provided
in the exemptive relief pursuant to the 1940 Act applicable to such
series, including the following, to the extent applicable:
    (i) Ticker symbol;
    (ii) CUSIP or other identifier;
    (iii) Description of holding;
    (iv) Quantity of each security or other asset held; and
    (v) Percentage weighting of the holding in the portfolio.

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

    The identity and quantity of investments in the Tracking Basket for
the Fund will be publicly available on the Fund's website before the
commencement of trading in Shares on each Business Day. The website
will also include information relating to the Tracking Basket Weight
Overlap, as discussed above.
    Typical mutual fund-style annual, semi-annual and quarterly
disclosures contained in the Fund's Commission filings will be provided
on the Fund's website on a current basis.\20\ Thus, the Fund will
publish the portfolio contents of its Actual Portfolio on a periodic
basis, and no less than 60 days after the end of every fiscal quarter.
---------------------------------------------------------------------------

    \20\ See note 7, supra.
---------------------------------------------------------------------------

    Investors can also obtain the Fund's SAI, Shareholder Reports, Form
N-CSR, N-PORT, and Form N-CEN. The prospectus, SAI, and Shareholder
Reports are available free upon request, and those documents and the
Form N-CSR, N-PORT, and Form N-CEN may be viewed on-screen or
downloaded from the Commission's website. The Exchange also notes that
pursuant to the Application, the Fund must comply with Regulation Fair
Disclosure, which prohibits selective disclosure of any material non-
public information.
    Information regarding the market price of Shares and trading volume
in Shares, will be continually available on a real-time basis
throughout the day on brokers' computer screens and other electronic
services. 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 and U.S.
exchange-traded instruments (excluding futures contracts) will be
available via the Consolidated Tape Association (``CTA'') high-speed
line, from the exchanges on which such securities trade, or through
major market data vendors or subscription services. Quotation and last
sale information for futures contracts will be available from the
exchanges on which they trade. Intraday price information for all
exchange-traded instruments, which include all eligible instruments
except cash and cash equivalents, will be available from the exchanges
on which they trade, or through major market data vendors or
subscription services. Intraday price information for cash equivalents
is available through major market data vendors, subscription services
and/or pricing services.
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.\21\ 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 Shares will be
subject to NYSE Arca Rule 8.601-E(d)(2)(D), which sets forth
circumstances under which Shares of the Fund will be halted.
---------------------------------------------------------------------------

    \21\ See NYSE Arca Rule 7.12-E.
---------------------------------------------------------------------------

    Specifically, Rule 8.601-E(d)(2)(D) provides that the Exchange may
consider all relevant factors in exercising its discretion to halt
trading in a series of Active Proxy Portfolio Shares. Trading may be
halted because of market conditions or for reasons that, in the view of
the Exchange, make trading in the series of Active Proxy Portfolio
Shares inadvisable. These may include: (a) The extent to which trading
is not occurring in the securities and/or the financial instruments
composing the Proxy Portfolio and/or Actual Portfolio; or (b) whether
other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. If the Exchange
becomes aware that the NAV, Proxy Portfolio, or Actual Portfolio with
respect to a series of Active Proxy Portfolio Shares is not
disseminated to all market participants at the same time, the Exchange
shall halt trading in such series until such time as the NAV, Proxy
Portfolio, or Actual Portfolio is available to all market participants
at the same time.
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 in all trading sessions in accordance with
NYSE Arca Rule 7.34-E(a). 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.
    The Shares will conform to the initial and continued listing
criteria under NYSE Arca Rule 8.601-E. The Exchange has appropriate
rules to facilitate trading in the Shares during all trading sessions.
    A minimum of 100,000 Shares for the Fund will be outstanding at the
commencement of trading on the Exchange. In addition, pursuant to Rule
8.601-E(d)(1)(B), the Exchange, prior to commencement of trading in the
Shares, will obtain a representation from the Trust that (i) the NAV
per Share of the Fund will be calculated daily, (ii) the NAV, Proxy
Portfolio, and the Actual Portfolio for the Fund will be made publicly
available to all market participants at the same time, and (iii) the
Trust and any person acting on behalf of the Trust will comply with
Regulation Fair Disclosure under the Securities Exchange Act of 1934,
including with respect to any Custom Basket.
    With respect to Active Proxy Portfolio Shares, all of the Exchange
member obligations relating to product description and prospectus
delivery requirements will continue to apply in accordance with
Exchange rules and federal securities laws, and the Exchange and the
Financial Industry Regulatory Authority, Inc. (``FINRA'') will continue
to monitor Exchange members for compliance with such requirements.
Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by the Exchange, as
well as cross-market surveillances administered by FINRA on behalf of
the Exchange, which are designed to detect violations of Exchange rules
and applicable federal securities laws.\22\ 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.
---------------------------------------------------------------------------

    \22\ 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 underlying
exchange-traded instruments 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
such securities and underlying exchange-traded instruments from such
markets and other entities. In addition, the Exchange may obtain
information regarding trading in such securities and underlying
exchange-traded instruments from markets and other entities that are
members of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement.\23\
---------------------------------------------------------------------------

    \23\ For a list of the current members of ISG, see
www.isgportal.org.
---------------------------------------------------------------------------

    The Adviser will make available daily to FINRA and the Exchange the
Actual Portfolio of the Fund, upon request, in order to facilitate the
performance of the surveillances referred to above.
    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
    Commentary .03 to NYSE Arca Rule 8.601-E provides that the Exchange
will implement and maintain written surveillance procedures for Active
Proxy Portfolio Shares. As part of these surveillance procedures, the
Investment Company's investment adviser will, upon request by the
Exchange or FINRA, on behalf of the Exchange, make available to the
Exchange or FINRA the daily Actual Portfolio holdings of each series of
Active Proxy Portfolio Shares. The Exchange believes that the ability
to access the information on an as needed basis will provide it with
sufficient information to perform the necessary regulatory functions
associated with listing and trading series of Active Proxy Portfolio
Shares on the Exchange, including the ability to monitor compliance
with the initial and continued listing requirements as well as the
ability to surveil for manipulation of Active Proxy Portfolio Shares.
    The Exchange will utilize its existing procedures to monitor issuer
compliance with the requirements of Rule 8.601-E. For example, the
Exchange will continue to use intraday alerts that will notify Exchange
personnel of trading activity throughout the day that may indicate that
unusual conditions or circumstances are present that could be
detrimental to the maintenance of a fair and orderly market. The
Exchange will require from the issuer of a series of Active Proxy
Portfolio Shares, upon initial listing and periodically thereafter, a
representation that it is in compliance with Rule 8.601-E. The Exchange
notes that Commentary .01 to Rule 8.601-E requires an issuer of Active
Proxy Portfolio Shares to notify the Exchange of any failure to comply
with the continued listing requirements of Rule 8.601-E. In addition,
the Exchange will require the issuer to represent that it will notify
the Exchange of any failure to comply with the terms of applicable
exemptive and no-action relief. As part of its surveillance procedures,
the Exchange will rely on the foregoing procedures to become aware of
any non-compliance with the requirements of Rule 8.601-E.
    With respect to the Fund, all statements and representations made
in this filing regarding (a) the description of the portfolio, (b)
limitations on portfolio holdings, or (c) the applicability of Exchange
listing rules specified in this rule filing shall constitute continued
listing requirements for listing the Shares on the Exchange. The
Exchange will obtain a representation from the Trust, prior to
commencement of trading in the Shares of the Fund, that it will advise
the Exchange of any failure by the Fund to comply with the continued
listing requirements, and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will monitor for compliance with the
continued listing requirements. If the Fund is not in compliance with
the applicable listing requirements, the Exchange will commence
delisting procedures under NYSE Arca Rule 5.5-E(m).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\24\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\25\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.\26\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b).
    \25\ 15 U.S.C. 78f(b)(5).
    \26\ The Exchange represents that, for initial and continued
listing, the Fund will be in compliance with Rule 10A-3 under the
Act, as provided by NYSE Arca Rule 5.3-E.
---------------------------------------------------------------------------

    With respect to the proposed listing and trading of Shares of the
Fund, the Exchange believes that the proposed rule change is designed
to prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Rule 8.601-E.
    The Fund's holdings will conform to the permissible investments as
set forth in the Application and Exemptive Order, and the holdings will
be consistent with all requirements in the Application and Exemptive
Order.\27\
---------------------------------------------------------------------------

    \27\ See note 14, supra.
---------------------------------------------------------------------------

    The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares and underlying
exchange-traded instruments with other markets and other entities that
are members of the ISG, and the Exchange or FINRA, on behalf of the
Exchange, or both, may obtain trading information regarding trading in
the Shares and underlying exchange-traded instruments from such markets
and other entities. In addition, the Exchange may obtain information
regarding trading in the Shares and underlying exchange-traded
instruments from markets and other entities that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement. Any foreign common stocks held by the Fund will be
traded on an exchange that is a member of the ISG or with which the
Exchange has in place a comprehensive surveillance sharing agreement.
    The daily dissemination of the identity and quantity of Tracking
Basket component investments, together with the right of Authorized
Participants to create and redeem each day at the NAV, will be
sufficient for market participants to value and trade Shares in a
manner that will not lead to significant deviations between the Shares'
Bid/Ask Price and NAV.
    The Fund's investments, including derivatives, will be consistent
with its investment objective and will not be used to enhance leverage
(although certain derivatives and other investments may result in
leverage). That is, the Fund's investments will not be used to seek
performance that is the multiple or inverse multiple (e.g., 2X or -3X)
of the Fund's primary broad-

based securities benchmark index (as defined in Form N-1A).
    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 Trust that the
NAV per Share of the Fund will be calculated daily and that the NAV,
Tracking Basket, and Actual Portfolio for the Fund will be made
available to all market participants at the same time. Investors can
obtain the Fund's SAI, shareholder reports, and its Form N-CSR, Form N-
PORT, and Form N-CEN. The Fund's SAI and shareholder reports will be
available free upon request from the Fund, and those documents and the
Form N-CSR, Form N-PORT, and Form N-CEN may be viewed on-screen or
downloaded from the Commission's website.
    Commentary .03 to NYSE Arca Rule 8.601-E provides that the Exchange
will implement and maintain written surveillance procedures for Active
Proxy Portfolio Shares. As part of these surveillance procedures, the
Investment Company's investment adviser will, upon request by the
Exchange or FINRA, on behalf of the Exchange, make available to the
Exchange or FINRA the daily portfolio holdings of each series of Active
Proxy Portfolio Shares. The Exchange believes that the ability to
access the information on an as needed basis will provide it with
sufficient information to perform the necessary regulatory functions
associated with listing and trading series of Active Proxy Portfolio
Shares on the Exchange, including the ability to monitor compliance
with the initial and continued listing requirements as well as the
ability to surveil for manipulation of Active Proxy Portfolio Shares.
With respect to the Fund, the Adviser will make available daily to
FINRA and the Exchange the portfolio holdings of the Fund upon request
in order to facilitate the performance of the surveillances referred to
above.
    The Exchange will utilize its existing procedures to monitor
compliance with the requirements of Rule 8.601-E. For example, the
Exchange will continue to use intraday alerts that will notify Exchange
personnel of trading activity throughout the day that may indicate that
unusual conditions or circumstances are present that could be
detrimental to the maintenance of a fair and orderly market. The
Exchange will require from the Trust, upon initial listing and
periodically thereafter, a representation that it is in compliance with
Rule 8.601-E. The Exchange notes that Commentary .01 to Rule 8.601-E
requires the issuer of the Shares to notify the Exchange of any failure
to comply with the continued listing requirements of Rule 8.601-E. In
addition, the Exchange will require the issuer to represent that it
will notify the Exchange of any failure to comply with the terms of
applicable exemptive and no-action relief. The Exchange will rely on
the foregoing procedures to become aware of any non-compliance with the
requirements of Rule 8.601-E.
    In addition, with respect to the Fund, a large amount of
information will be publicly available regarding the Fund and the
Shares, thereby promoting market transparency.
    Quotation and last sale information for the Shares and U.S.
exchange-traded instruments (excluding futures contracts) will be
available via the CTA high-speed line, from the exchanges on which such
securities trade, or through major market data vendors or subscription
services. Quotation and last sale information for futures contracts
will be available from the exchanges on which they trade. Intraday
price information for all exchange-traded instruments, which include
all eligible instruments except cash and cash equivalents, will be
available from the exchanges on which they trade, or through major
market data vendors or subscription services. Intraday price
information for cash equivalents is available through major market data
vendors, subscription services and/or pricing services.
    The website for the Fund will include a form of the prospectus that
may be downloaded, and additional data relating to NAV and other
applicable quantitative information, updated on a daily basis. Trading
in Shares of the Fund will be halted if the circuit breaker parameters
in NYSE Arca Rule 7.12-E have been reached or because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. Trading in the Shares will be
subject to NYSE Arca Rule 8.601-E(d)(2)(D), which sets forth
circumstances under which Shares of the Fund will be halted. In
addition, as noted above, investors will have ready access to the
Tracking Basket and quotation and last sale information for the Shares.
The identity and quantity of investments in the Tracking Basket will be
publicly available on the Fund's website before the commencement of
trading in Shares on each Business Day. The Shares will conform to the
initial and continued listing criteria under Rule 8.601-E.\28\
---------------------------------------------------------------------------

    \28\ See note 4, supra.
---------------------------------------------------------------------------

    The Fund's holdings will conform to the permissible investments as
set forth in the Application and Exemptive Order, and the holdings will
be consistent with all requirements in the Application and Exemptive
Order.\29\ Any foreign common stocks held by the Fund will be traded on
an exchange that is a member of the ISG or with which the Exchange has
in place a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    \29\ See note 14, supra.
---------------------------------------------------------------------------

    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
an additional type of actively-managed exchange-traded product that
will enhance competition among market participants, to the benefit of
investors and the marketplace. The Exchange will obtain a
representation from the Adviser, prior to commencement of trading in
the Shares of the Fund, that it will advise the Exchange of any failure
by the Fund to comply with the continued listing requirements, and,
pursuant to its obligations under Section 19(g)(1) of the Act, the
Exchange will monitor for compliance with the continued listing
requirements. If the Fund is not in compliance with the applicable
listing requirements, the Exchange will commence delisting procedures
under NYSE Arca Rule 5.5-E(m).
    As noted above, the Exchange has in place surveillance procedures
relating to trading in the Shares and may obtain information via ISG
from other exchanges that are members of ISG or with which the Exchange
has entered into a comprehensive surveillance sharing agreement. In
addition, as noted above, investors will have ready access to
information regarding 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 purposes of the Act. The Exchange believes the
proposed rule change would permit listing and trading of an additional
actively-managed ETF that has characteristics different from existing
actively-managed and index ETFs and would introduce additional
competition among various ETF products to the benefit of investors.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \30\ and Rule 19b-
4(f)(6) thereunder.\31\
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(3)(A).
    \31\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \32\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
notes that the Commission has approved and noticed for immediate
effectiveness proposed rule changes to permit listing and trading on
the Exchange of Active Proxy Portfolio Shares similar to the Fund.\33\
The proposed listing rule for the Fund raises no novel legal or
regulatory issues. Thus, the Commission believes that waiver of the 30-
day operative delay is consistent with the protection of investors and
the public interest. Accordingly, the Commission hereby waives the 30-
day operative delay and designates the proposed rule change operative
upon filing.\34\
---------------------------------------------------------------------------

    \32\ 17 CFR 240.19b-4(f)(6)(iii).
    \33\ See supra notes 9 and 10.
    \34\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEArca-2022-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2022-14. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2022-14 and should be submitted
on or before April 18, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
---------------------------------------------------------------------------

    \35\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-06385 Filed 3-25-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34772-34775]
[FR Doc No: 2022-12184]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0284; Project Identifier MCAI-2021-01369-A;
Amendment 39-22062; AD 2022-11-12]
RIN 2120-AA64

Airworthiness Directives; Viking Air Limited (Type Certificate
Previously Held by Bombardier, Inc. and de Havilland, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Viking Air Limited (type certificate previously held by
Bombardier Inc. and de Havilland, Inc.) Model DHC-6-1, DHC-6-100, DHC-
6-200, DHC-6-300, and DHC-6-400 airplanes. This AD was prompted by
mandatory continuing airworthiness information (MCAI) originated by an
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI identifies the unsafe
condition as binding of the rod end bearing connecting the lower fuel
control unit (FCU) push rod assembly to the FCU power lever. This AD
requires performing tests, inspections, and lubrication of the FCU push
rod assemblies, and replacing them with improved parts as necessary.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective July 13, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 13,
2022.

ADDRESSES: For service information identified in this final rule,
contact Viking Air Ltd., 1959 de Havilland Way, Sidney British
Columbia, Canada V8L 5V5; phone:<PHONE_NUMBER>; email:
[email protected]; website: https://www.vikingair.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,

Kansas City, MO 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0284.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0284; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
MCAI, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aviation Safety
Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain serial-numbered
Viking Air Limited Model DHC-6-1, DHC-6-100, DHC-6-200, DHC-6-300, and
DHC-6-400 airplanes. The NPRM published in the Federal Register on
March 22, 2022 (87 FR 16123). The NPRM was prompted by MCAI originated
by Transport Canada, which is the aviation authority for Canada.
Transport Canada has issued AD CF-2021-42, dated November 26, 2021
(referred to after this as ``the MCAI''), to correct an unsafe
condition on Viking Air Limited Model DHC-6 series 1, DHC-6 series 100,
DHC-6 series 110, DHC-6 series 200, DHC-6 series 210, DHC-6 series 300,
DHC-6 series 310, DHC-6 series 320, and DHC-6 series 400 airplanes with
certain part-numbered FCU push rod assemblies installed. The MCAI
states:

    There have been in-service reports of binding of [part number]
P/N VSC30-3A rod end bearings used in the linkage for the lower FCU
push rod assembly P/N C6CE1398-7. The lower FCU push rod assembly is
connected to the FCU power lever and contains a rod end bearing at
each end. P/N VSC30-3A rod end bearings, fabricated with a metal
inner race and a dry film lubricant, have been incorporated on FCU
push rod assemblies introduced through Viking Air Ltd (Viking) MOD
6/2347. P/N VSC30-3A rod end bearings may have also been installed
in-service as a replacement part in lower FCU push rod assembly P/N
C6CE1398-3. In one instance, binding of the lower FCU push rod
bearing resulted in one engine failing to return to a lower power
setting from a higher power setting when commanded, which
subsequently resulted in the need to perform an in-flight engine
shutdown during final approach. An investigation also revealed that
binding of P/N VSC30-3A rod end bearings can occur after a period of
non-utilization of the aeroplane.
    This condition, if not detected and corrected, may lead to the
inability to reduce power on the affected engine, resulting in the
need to perform an in-flight engine shutdown, and consequently
leading to reduced control of the aeroplane and increased pilot
workload during this critical phase of flight.
    To address this unsafe condition, this [Transport Canada] AD
mandates initial and repetitive functional checks, special detailed
inspection (SDI) and lubrication of the affected FCU push rod
assembly, and its replacement, as required, with a redesigned FCU
push rod assembly with improved reliability (MOD 6/2484), in
accordance with Viking Service Bulletin (SB) V6/0063. This
[Transport Canada] AD also prohibits the installation of an affected
FCU push rod assembly as a replacement part on applicable
aeroplanes.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0284.
    In the NPRM, the FAA proposed to require performing tests,
inspections, and lubrication of the FCU push rod assemblies, and
replacing them with improved parts as necessary. The FAA is issuing
this AD to address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment from the Air Line Pilots Association,
International (ALPA). ALPA supported the NPRM without change.

Conclusion

    These products have been approved by the aviation authority of
another country and is approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI and service information referenced above. The FAA reviewed the
relevant data and determined that air safety and the public interest
require adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. This AD is
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following:
     Viking DHC-6 Twin Otter Service Bulletin (SB) No. V6/0063,
Revision A, dated February 1, 2021, which specifies procedures for
performing tests, inspections, and lubrication of the FCU push rod
assemblies; and
     Viking DHC-6 Twin Otter Technical Bulletin No. V6/00155,
Revision NC, dated September 14, 2020, which specifies procedures for
replacing the FCU push rod assemblies with improved parts.
    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.

Other Related Service Information

    The FAA also reviewed Viking DHC-6 Twin Otter SB No. V6/0063,
Revision NC, dated June 7, 2019, which specifies procedures for
performing tests, inspections, and lubrication of the FCU push rod
assemblies. Viking revised this service information and issued Viking
SB V6/0063, Revision A, to extend the lubrication requirement of Mod 6/
2347 rod ends to all operating environments, add repeat inspections,
and introduce a test and lubrication for airplanes that have not been
in operation after a period of time before re-entry into service.

Differences Between This AD and the MCAI

    The MCAI applies to Viking Air Limited Model DHC-6 series 110, DHC-
6 series 210, DHC-6 series 310, and DHC-6 series 320, and this AD would
not because these models do not have an FAA type certificate. Model
DHC-6 series 1, DHC-6 series 100, DHC-6 series 200, DHC-6 series 300,
and DHC-6 series 400 airplanes specified in the MCAI correspond to
Model DHC-6-1, DHC-6-100, DHC-6-200, DHC-6-300, and DHC-6-400 airplanes
specified in this AD, respectively.
    The MCAI requires reporting information to the manufacturer, and
this AD does not.

Costs of Compliance

    The FAA estimates that this AD affects 34 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                  Labor cost           Parts cost        Cost per airplane      operators
----------------------------------------------------------------------------------------------------------------
Test, inspect, and lubricate     1 work-hour x $85  Not Applicable........  $85 per            $2,890 per
 the FCU push rod assemblies.     per hour = $85.                            inspection cycle.  inspection
                                                                                cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to replace the FCU push rod
assemblies. The agency has no way of determining the number of
airplanes that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost       airplane
----------------------------------------------------------------------------------------------------------------
Replace both FCU push rod assemblies..........  3 work-hours x $85 per hour =                $60            $315
                                                 $255.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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 Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 adding the following new airworthiness
directive:

2022-11-12 Viking Air Limited (Type Certificate Previously Held by
Bombardier Inc. and de Havilland, Inc.): Amendment 39-22062; Docket
No. FAA-2022-0284; Project Identifier MCAI-2021-01369-A.

(a) Effective Date

    This airworthiness directive (AD) is effective July 13, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Viking Air Limited (Type Certificate
Previously Held by Bombardier Inc. and de Havilland, Inc.) Model
DHC-6-1, DHC-6-100, DHC-6-200, DHC-6-300, and DHC-6-400 airplanes,
serial numbers 001 through 989, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7600, Engine
Controls.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI identifies the unsafe condition as binding of the
rod end bearing connecting the lower fuel control unit (FCU) push
rod assembly to the FCU power lever. The unsafe condition, if not
addressed, could lead to the inability to reduce power on the
affected engine, which could result in an in-flight engine shutdown
and reduced airplane control.

(f) Definitions

    (1) For purposes of this AD, an ``affected FCU pushrod
assembly'' is one of the following:
    (i) Lower FCU push rod assembly part number (P/N) C6CE1398-7; or
    (ii) Lower FCU push rod assembly P/N C6CE1398-3 with P/N VSC30-
3A rod end bearing installed.
    Note 1 to paragraph (f)(1): P/N C6CE1398-7 may also be referred
to as modification (MOD) 6/2347.
    (2) For purposes of this AD, a ``serviceable FCU push rod
assembly'' is lower FCU push rod assembly P/N C6CE1398-9.
    Note 2 to paragraph (f)(2): P/N C6CE1398-9 may also be referred
to as MOD 6/2484.

(g) Compliance

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

(h) Required Actions

    (1) Within 125 hours time-in-service (TIS) after the effective
date of this AD or within 30 days after the effective date of this
AD, whichever occurs first, test each affected FCU push rod assembly
for binding and restriction in accordance with the Accomplishment
Instructions, paragraphs A.1. through A.3., in Viking DHC-6 Twin
Otter Service Bulletin No. V6/0063, Revision A, dated February 1,
2021 (Viking SB V6/0063, Revision A).
    (i) If there is any binding or restriction, before further
flight, remove both affected FCU push rod assemblies from service
and install serviceable FCU push rod assemblies

in accordance with the Accomplishment Instructions, paragraph A.4.,
in Viking SB V6/0063, Revision A, and the Accomplishment
Instructions, Sections A through C, in Viking DHC-6 Twin Otter
Technical Bulletin No. V6/00155, Revision NC, dated September 14,
2020 (Viking TB V6/00155, Revision NC).
    (ii) If there is no binding and no restriction, before further
flight, remove each affected FCU push rod assembly, clean the push
rod ends, and inspect each affected FCU push rod assembly for
corrosion and condition of the lubricant. Pay particular attention
to the bearing ball and race.
    (A) If there is no corrosion and the lubricant color and texture
is normal, before further flight, lubricate each affected FCU push
rod assembly in accordance with the Accomplishment Instructions,
Section C, in Viking SB V6/0063, Revision A.
    (B) If there is corrosion or if the lubricant is abnormal in
color (too dark) or texture (too sticky), before further flight,
remove both affected FCU push rod assemblies from service and
install serviceable FCU push rod assemblies in accordance with the
Accomplishment Instructions, paragraph A.4, in Viking SB V6/0063,
Revision A, and the Accomplishment Instructions, Sections A through
C, in Viking TB V6/00155, Revision NC.
    (2) Repeat the requirements of this AD as follows until both
affected FCU push rod assemblies are replaced.
    (i) Test and lubrication: At intervals not to exceed 125 hours
TIS or before further flight anytime the airplane has not been
operated for a period of 30 days, whichever occurs first.
    (ii) Inspection: At intervals not to exceed 1,500 hours TIS.
    (3) As of the effective date of this AD, do not install an
affected FCU push rod assembly on any airplane.

(i) Credit for Previous Actions

    You may take credit for the test, inspection, replacement, and
lubrication required by paragraphs (h)(1) and (2) of this AD if you
performed those actions before the effective date of this AD using
Viking DHC-6 Twin Otter Service Bulletin No. V6/0063, Revision NC,
dated June 7, 2019.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, New York ACO Branch, 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 certification office, send it to the attention of the
person identified in paragraph (k)(1) of this AD.
    (2) 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.

(k) Related Information

    (1) For more information about this AD, contact Elizabeth
Dowling, Aviation Safety Engineer, New York ACO Branch, FAA, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228-
7300; email: [email protected].
    (2) Refer to Transport Canada AD CF-2021-42, dated November 26,
2021, for more information. You may examine the Transport Canada AD
in the AD docket at https://www.regulations.gov by searching for and
locating it in Docket No. FAA-2022-0284.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Viking DHC-6 Twin Otter Service Bulletin No. V6/0063,
Revision A, dated February 1, 2021.
    (ii) Viking DHC-6 Twin Otter Technical Bulletin No. V6/00155,
Revision NC, dated September 14, 2020.
    (3) For service information identified in this AD, contact
Viking Air Ltd., 1959 de Havilland Way, Sidney British Columbia,
Canada V8L 5V5; phone:<PHONE_NUMBER>; email:
[email protected]; website: https://www.vikingair.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 24, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-12184 Filed 6-7-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Notices]
[Pages 48154-48155]
[FR Doc No: 2013-19030]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-523-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of
Application

    Take notice that on July 18, 2013, Transcontinental Gas Pipe Line
Company, LLC (Transco), filed in Docket No. CP13-523-000, an
application pursuant to section 7(c) of the Natural Gas Act (NGA) and
Part 157 of the Commission's regulations, requesting authorization to
construct and operate its Mobile South III Expansion Project (project),
an expansion of the capacity on Transco's existing Mobile Bay Lateral,
under which Transco will provide 225,000 dekatherms of incremental
southbound firm transportation service. The project will include the
addition of 20,500 horsepower of compression, station piping, and
facilities appurtenant thereto at Transco's Compressor Station 85
located at the interconnection of the Mobile Bay Lateral and Transco's
main line in Choctaw County, Alabama, all as more fully set forth in
the application which is on file with the Commission and open to public
inspection. This filing may also be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits, in the docket number field to
access the document. For assistance, call<PHONE_NUMBER> or TTY, (202)
502-8659.
    Any questions regarding this application should be directed to
Scott Turkington, Director, Rates & Regulatory, Transcontinental Gas
Pipeline Company, LLC, Post Office Box 1396, Houston, Texas, 77251-
1396, or by calling<PHONE_NUMBER> or<EMAIL_ADDRESS>    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: August 22, 2013.

    Dated: August 1, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-19030 Filed 8-6-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Pages 2238-2239]
[FR Doc No: 2022-00575]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0117 (Notice No. 2022-01)]

Hazardous Materials: Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on this information collection pertaining to hazardous
materials transportation for which PHMSA intends to request renewal
from the Office of Management and Budget.

DATES: Interested persons are invited to submit comments on or before
March 14, 2022.

ADDRESSES: You may submit comments identified by the Docket No. PHMSA-
2021-0117 (Notice No. 2022-01) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2021-0117) for this notice at the beginning of the
comment. To avoid duplication, please use only one of these four
methods. All comments received will be posted without change to the
Federal Docket Management System (FDMS) and will include any personal
information you provide.
    Requests for a copy of an information collection should be directed
to Steven Andrews or Shelby Geller, Standards and Rulemaking Division,
(202) 366-8553, Pipeline and Hazardous Materials Safety Administration,
U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as ``CBI.'' Please mark each page of your
submission containing CBI as ``PROPIN.'' PHMSA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this notice. Submissions containing CBI should
be sent to Steven Andrews or Shelby Geller, Standards and Rulemaking
Division and addressed to the Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001 or to [email protected]. Any
commentary that PHMSA receives which is not specifically designated as
``CBI'' will be placed in the public docket for this notice.

SUPPLEMENTARY INFORMATION: Section 1320.8(d), title 5, Code of Federal
Regulations (CFR) requires PHMSA to provide interested members of the
public and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies an
information collection request that PHMSA will be submitting to the
Office of Management and Budget (OMB) for renewal and extension. This
information collection is contained in 49 CFR 171.6 of the Hazardous
Materials Regulations (HMR; 49 CFR parts 171-180). PHMSA has revised
burden estimates, where appropriate, to reflect current reporting
levels or adjustments based on changes in proposed or final rules
published since this information collection was last approved. The
following is provided for this information collection: (1) Title of the
information collection, including former title if a change is being
made; (2) OMB control number; (3) summary of the information collection
activity; (4) description of affected public; (5) estimate of total

annual reporting and recordkeeping burden; and (6) frequency of
collection. PHMSA will request a 3-year term of approval for this
information collection activity and will publish a notice in the
Federal Register upon OMB's approval.
    PHMSA requests comments on the following information collection:
    Title: Flammable Hazardous Materials by Rail Transportation.
    OMB Control Number: 2137-0628.
    Summary: This OMB control number is used for information and
recordkeeping requirements pertaining to the sampling and testing
certification, routing analysis, and incident reporting for flammable
liquids by rail transportation. Rail carriers, shippers, PHMSA's Office
of Hazardous Materials Safety (OHMS), the Federal Railroad
Administration (FRA), and the Association of American Railroads (AAR)
may use this information to ensure that rail tank cars transporting
flammable liquids are properly classified, ensure trains are routed
appropriately, and collect all relevant incident data.
    This OMB control number is being submitted for renewal and includes
the following information collections and associated burden hours:

----------------------------------------------------------------------------------------------------------------
                                                                                Hours per
             Information collection                 Respondents      Responses       response       Total hours
----------------------------------------------------------------------------------------------------------------
Sampling and Testing Plan Burden for Subsequent            1,801           1,801              10          18,010
 Year Revision..................................
Routing--Collection by Segment for Class II                   10              10              40             400
 Railroads......................................
Routing--Collection by Segment for Class III                 160             160              40           6,400
 Railroads......................................
Routing Analysis Burden for Class II Railroads..              10              50              16             800
Routing Analysis Burden for Class III Railroads.             160             320               8           2,560
Routing Security Analysis Burden for Class II                 10              40              12             480
 Railroads......................................
Routing Security Analysis Burden for Class III                64              32               4             128
 Railroads......................................
Tank Car Retrofit Burden........................              50              50             0.5              25
Crude Oil Incident Reporting....................              17              17               2              34
Oil Spill Response Plans--Submit Reports........              73            14.6             0.5             7.3
Oil Spill Response Plan--Class I................               7               7             162           1,134
Oil Spill Response Plan--Class II...............              11              11              54             594
Oil Spill Response Plan--Class III..............              55              55              36           1,980
Notification Plans--Maintenance.................              73           2,190               1           2,190
Notification Plans--DOT Request.................              73           15.33               1           15.33
----------------------------------------------------------------------------------------------------------------

    Affected Public: Shippers and carriers of petroleum liquids
transported by rail.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 2,574.
    Total Annual Responses: 4,773.
    Total Annual Burden Hours: 34,758.
    Frequency of Collection: On occasion.

    Issued in Washington, DC, on January 7, 2022.
William A. Quade,
Deputy Associate Administrator of Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2022-00575 Filed 1-12-22; 8:45 am]
BILLING CODE 4910-60-P